Statute Law: The Principles which Govern the Construction and Operation of StatutesStevens and Sons, 1881 - 413 страница |
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Чести термини и фразе
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passed penal statutes person Plowd preamble principle purpose Quarter Sessions Rail received recital reference remedy repealed restrained rule strictly struction Superior Courts Swansea Canal taken things tion unless Vict void Waterworks
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Страница 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.
Страница 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.
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Страница 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.
Страница 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.
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Страница 101 - a key to open the minds of the makers of the act, and the mischiefs which they intended to redress.