A Treatise on the Construction and Effect of Statute Law: With Appendices Containing Words and Expressions Used in Statutes which Have Been Judicially Or Statutably Construed, and the Popular and Short Titles of Certain Statutes

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Stevens and Haynes, 1892 - Electronic books - 659 pages
 

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Contents

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Page 100 - wills, and indeed statutes, and all written instruments, the " grammatical and ordinary sense of the words is to be adhered "to, unless that would lead to some absurdity, or repugnance, " or inconsistency with the rest of the instrument ; in which case " the grammatical and ordinary sense of the words may be modified " so as to avoid that absurdity and inconsistency ; but no farther.
Page 44 - We are of opinion, therefore, on principle as well as authority, that whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any source of information which in its nature is capable of conveying to the judicial mind a clear and satisfactory answer to such question; always seeking first for that which in its nature is most appropriate,...
Page 70 - This act declares that the rightful jurisdiction of Her Majesty, her heirs, and successors, extends and has always extended over the open seas adjacent to the coasts of the United Kingdom, and of all other parts of Her Majesty's dominions to such a distance as is necessary for the defence and security of such dominions.
Page 253 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 203 - ... some things, and those which generally prohibit all people from doing such an act they have interpreted to permit some people to do it, and those which include every person in the letter, they...
Page 480 - On the other hand, the person charged has a right to say that the thing charged, although within the words, is not within the spirit of the enactment. But where the thing is brought within the words and within the spirit, there a penal enactment is to be construed, like any other instrument, according to the fair...
Page 483 - At common law an honest and reasonable belief in the existence of circumstances, which, if true, would make the act for which the person is indicted an innocent act, has always been held to be a good defense.
Page 234 - shall include every description of vessel used in navigation not propelled by oars...
Page 512 - This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and the plaintiffs can claim nothing that is not clearly given them by the Act.
Page 565 - working class " includes mechanics, artisans, labourers, and others working for wages ; hawkers, costermongers, persons not working for wages, but working at some trade or handicraft without employing 'others, except members of their own family, and persons other than domestic servants whose income in any case does not exceed an average of thirty shillings a week, and the families of any of such persons who may be residing with them.

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