Statute Law: The Principles which Govern the Construction and Operation of Statutes

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Stevens and Sons, 1881 - Government paperwork - 413 pages
 

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Page 26 - Greenwood's Manual of Conveyancing.— A Manual of the Practice of Conveyancing, showing the present Practice relating to the daily routine of Conveyancing in Solicitors
Page 104 - That for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered.
Page 215 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Page 22 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 10 - Journal. Smith's Manual of Equity Jurisprudence. — A Manual of Equity Jurisprudence for Practitioners and Students, founded on the Works of Story, Spence, and other writers, and on more than, a thousand subsequent cases, comprising the Fundamental Principles and the points of Equity usually occurring in General Practice. By JOSIAH W. SMITH, BCL, QC Thirteenth Edition. 12mo. 1880. 12.
Page 197 - ... The conclusion to be deduced from the authorities is, that where power is given to public officers in the language of the act before us, or in equivalent language — whenever the public interest or individual rights call for its exercise — the language used, though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given, not for their benefit, but for his.
Page 252 - No doubt, all penal statutes are to be construed strictly, that is to say, the court must see that the thing charged as an offence is within the plain meaning of the words used, and must not strain the words on any notion that there has been a slip, that there has been a casus omitsut, that the thing is so clearly within the mischief that it must have been intended to be included and would have been included if thought of.
Page 379 - Prentice's Proceedings in an Action in the Queen's Bench, Common Pleas, and Exchequer Divisions of the High Court of Justice. By SAMUEL PRENTICE, Esq., one of Her Majesty's Counsel. Secoud Edition. Royal 12mo. 1880.
Page 15 - Haynes' Student's Leading Cases. Being some of the Principal Decisions of the Courts in Constitutional Law, Common Law, Conveyancing and Equity, Probate, Divorce, Bankruptcy, and Criminal Law. With Notes for the use of Students. By JOHN F. HAYNES, LL.D., Author of "The Practice of the Chancery Division of the High Court of Justice," "The Student's Statutes," &c. Demy 8vo. 1878. 16. " Will prove of great utility, not only to Students, but Practitioners. The Notes are clear, pointed and concise."—...
Page 107 - a key to open the minds of the makers of the act, and the mischiefs which they intended to redress.

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