Cardinal Rules of Legal Interpretation

Front Cover
Stevens, 1908 - Law - 674 pages
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents


Common terms and phrases

Popular passages

Page 486 - Comity,' in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.
Page 628 - An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same.
Page 506 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 179 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 635 - ... affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed...
Page 603 - ... unless a contrary Intention shall appear by the Will, by reason of such Person having a prior Estate Tail, or of a preceding Gift, being, without any Implication arising from such Words, a Limitation of an Estate Tail to such Person or Issue or otherwise : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description...
Page 59 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Page 604 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 420 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 609 - And by sect 21. it is enacted, " that " no obliteration, interlineation, or other " alteration made in any will after the " execution thereof shall be valid or " have any effect, except so far as the " words or effect of the will before such " alteration shall not be apparent...

Bibliographic information