A First Book of Jurisprudence for Students of the Common Law

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Macmillan and Company, Limited, 1896 - 348 pages
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Page 251 - 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.
Page 270 - Before that period we find that in courts of law all the evidence in mercantile cases was thrown together; they were left generally to a jury, and they produced no established principle. From that time we all know the great study has been to find some certain general principles, which shall be known to all mankind, not only to rule the particular case then under consideration but to serve as a guide to the future.
Page 324 - ... for the sake of attaining uniformity, consistency and 1 Parian v. Williams (1820), 22 RR at p. 422 ; 3 B. & Aid. at p. 341. certainty, we must apply those rules, where they are not plainly unreasonable and inconvenient, to all cases which arise...
Page 252 - Lastly, acts of parliament that are impossible to be beperformed performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void.
Page 248 - Centuriatis comitiis or tributis, the same may be done by the parliament of England, which representeth and hath the power of the whole realm both the head and the body.
Page 326 - The Roman law forms no rule binding in itself on the subjects of these realms ; but in deciding a case upon principle, where no direct authority can be cited from our books, it affords no small evidence of the soundness of the conclusion at which we have arrived if it...
Page 314 - Lordships are bound by this decision as much as if it had been pronounced nemine dissentients, and that the rule of law which your Lordships lay down as the ground of your judgment, sitting judicially, as the last and supreme Court of Appeal for this empire, must be taken for law till altered by an Act of Parliament, agreed to by the Commons and the Crown, as well as by your Lordships. The law laid down as your ratio...
Page 338 - ... and that as well for the purpose of avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertakings as for ensuring greater uniformity in the provisions themselves...
Page 222 - I detest the attempt to fetter the law by maxims. They are almost invariably misleading ; they are for the most part so large and general in their language that they always include something which really is not intended to be included in them.

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