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" That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty... "
Opinions of Attorneys General - Page 140
1851
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Reports of Important Cases Heard and Determined by the Supreme Court of ...

Ceylon. Supreme Court - Law reports, digests, etc - 1880 - 254 pages
...Vinor, HOLT, CJ observed, 'Every ' contract made for or about any matter or thing which is prohi' bited and made unlawful by any statute, is a void contract,...shall be so, but ' only inflicts a penalty on the defaulter ; because a penalty implies ' a prohibition, though there are no prohibitory words in the...
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A Digest of the Law of Scotland: With Special Reference to the Office and ...

Hugh Barclay - Justices of the peace - 1880 - 922 pages
...is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts...because a penalty implies a prohibition, though there be no prohibiting words in the statute. — Bartlett, Carth. 252 ; Brown on Sale, p. 131. CONTRACT...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 25-26

Law reports, digests, etc - 1886 - 1942 pages
...matter or tiling which is prohibited and made unlawful by statute is a void contract, though the statute does not mention that it shall be so, but only inflicts a penalty on the offender; because the penalty implies a prohibition." Jiartlett v. Veii'rr, Garth. 252. In Smith v. Mnwhood, 14 Mees....
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The Canadian Law Times, Volume 28

Law - 1908 - 1082 pages
...case of Bartletl v. Vinor, Lord Holt, CJ, said: "Every contract made for or about any matter or tiling which is prohibited and made unlawful by any statute...penalty implies a prohibition, though there are no prohi!)itory words in the statute." In Langton v. Huyhes, 1 M. & S. 596, Lord Ellenborough, CJ, said,...
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Statute Law: The Principles which Govern the Construction and Operation of ...

Edward Wilberforce - Government paperwork - 1881 - 494 pages
...is prohibited, or made declared68 unlawful by statute, is a void contract, though the vold- statute does not mention that it shall be so, but only inflicts...penalty implies a prohibition though there are no prohibitory words in the statute" (A). Therefore where the 10 Geo. II. c. 31, enacted that it should...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1882 - 706 pages
...language of Lord Holt was in that case quoted with approval, where ho says : " Every contract made for or about any matter or thing which is prohibited,...statute, is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the defaulter; because a penalty...
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The Lancaster Law Review, Volume 37

Henry Clay Brubaker, Charles Israel Landis, George Ross Eshleman, Issac Clinton Arnold - Law - 1921 - 632 pages
...is prohibited and made unlawful by statute, it is void, though the statute itself does not declare it shall be so, but only inflicts a penalty on the offender : Columbia Bridge Co. v. Halderman, 7 W. & S. 233. Nor is there any distinction in this state, whether...
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The American Reports: Containing All Decisions of General ..., Volume 44

Isaac Grant Thompson - Law reports, digests, etc - 1884 - 1000 pages
...of the General Statutes. It is equally clear as a proposition of law that '"'every contract made for or about any matter or thing which is prohibited and made unlawful by statute is a void contract, though the statute does not mention that it shall be so, but only inflicts...
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The American Law Register, Volume 24; Volume 33

Electronic journals - 1885 - 902 pages
...thing which is prohibited, and made unlawful by statute, is a void contract, although the statute docs not mention that it shall be so, but only inflicts...offender, because a penalty implies a prohibition : Clnrk v. Protection Ins. Co., 1 Story 122. See also Uartlett v. Vinor, Corlton R. 252 : LleBegnis...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 8

Law reports, digests, etc - 1885 - 906 pages
...or thing which is prohibited and made unlawful by statute is a void contract, although the statute does not mention that it shall be so, but only inflicts a penalty on the offender. The fixing of a penalty imports a prohibition and makes the prohibited act illegal. Clark v. Protection...
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