Statute Law: The Principles which Govern the Construction and Operation of StatutesStevens and Sons, 1881 - 413 pages |
Contents
| xxxvii | |
| xlvii | |
| lv | |
| lxiv | |
| 1 | |
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| 16 | |
| 28 | |
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Other editions - View all
Statute Law: The Principles Which Govern the Construction and Operation of ... Edward Wilberforce No preview available - 2016 |
Statute Law: The Principles Which Govern the Construction and Operation of ... Wilberforce Edward No preview available - 2013 |
Statute Law: The Principles Which Govern the Construction and Operation of ... Edward Wilberforce No preview available - 2021 |
Common terms and phrases
Act of Parliament Act provided apply Att.-Gen authorised authority of statutes Bankruptcy Act Beav bill Bing Bishop Bishop of Exeter Board bound certificate clause Commissioners Common Law considered construction construed contracts County Courts Crown decided decisions declared duty East effect ejusdem generis empowered enacted equity express words extend give given held imperative imposed a penalty indictment Inhabitants Inst instances intention judges judgment jurisdiction justices lands language later Act lature legislation Legislature liable Lord Campbell Lord Coke Lord Cranworth Lord Denman Lord Mansfield Lord Tenterden Mayor meaning ment notice of action offence officer operation pari materia parish particular party passed penal statutes person Plowd preamble principle purpose Quarter Sessions Rail received recital reference remedy repealed restrained rule strictly struction Superior Courts Swansea Canal taken things tion unless Vict void Waterworks
Popular passages
Page 20 - 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 98 - 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 209 - 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 16 - 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 4 - 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 191 - ... 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 246 - 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 373 - 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 9 - 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 101 - a key to open the minds of the makers of the act, and the mischiefs which they intended to redress.