| Samuel March Phillipps - Evidence (Law) - 1838 - 586 pages
...penal, or beneficial, restrictive, or enlarging of the common law), four things are to be discerned and considered: 1st. What was the common law before the making of the acts : 2nd. What was the mischief and defect, for which the common law did not provide: 3rd. What remedy... | |
| Equity - 1841 - 690 pages
...Second, what was the mischief and defect for •' which the common law did not provide : — Third, what remedy the " Parliament hath resolved and appointed...cure the disease of the •• commonwealth : — and Fourth, the true reason and remedy." Let the statute in question be construed according to those rules.... | |
| Equity - 1841 - 692 pages
...discerned and considered: — First, what was the common law before the " making of the act : — Second, what was the mischief and defect for "which the common law did not provide : — Third, what remedy the - Parliament hath resolved and appointed to cure the disease of the "... | |
| Samuel Warren - Law - 1845 - 1174 pages
...Act ? " II. What was the mischief and defect against which the Common Law did not provide ? " III. What remedy the Parliament hath resolved and appointed to cure the disease of the Commonwealth ? " IV. The true reason of the remedy. " It was then held to be the duty of the judges, at all times,... | |
| Herbert Broom - Legal maxims - 1845 - 544 pages
...statutes, be they penal or beneficial, restrictive of or enlarging the common law, four points are to be considered : 1st, what was the common law before the making of the act; 2ndly, what was the mischief and defect for which the common law did not provide ; 3rdly, what remedy... | |
| John Raymond (of the Middle Temple.) - 1846 - 72 pages
...are to be discerned and considered : 1 . What was the common law before the making of the act ? 2. What was the mischief and defect for which the common law did not provide ? 3. What remedy the parliament hath resolved and appointed to cure the disease of the commonwealth... | |
| E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...four points are to be considered : 1st, what was the common law before the making of the act ; 2ndly, what was the mischief and defect for which the common law did not provide ; 3rdlv, what remedy the parliament hath resolved and appointed to cure the disease of the commonwealth... | |
| John Jane Smith Wharton - Law - 1848 - 726 pages
...enlarging, the common law : — 1st, what was the common law before the making ot the act ¡ 2ndly, what was the mischief and defect for which the common law did not provide ; 3dly, what remedy the Parliament bus resolved and appointed to cure the disease of the commonwealth... | |
| E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...statutes, be they penal or beneficial, restrictive of or enlarging the common law, four points are to be considered: 1st, what was the common law before the making of the act; 2ndly, what was the mischief and defect for which the common law did not provide; 3rdly, what remedy... | |
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