 Exchequer], 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: — 1st.  The Canadian Law Times - Page 2011901Full view - About this book
 | Edward Erastus Deacon - Bankruptcy - 1833 - 774 pages
...there are four things to be considered in the interpretation of statutes, be they penal or beneficial. 1. What was the common law before the making of the act. 2. What was the mischief and defect, which the common law did not provide for. 3. What remedy the legislature has provided ; and 4. The... | |
 | Edward Erastus Deacon, Edward Chitty, Great Britain. Court of Review - Bankruptcy - 1833 - 762 pages
...there are four things to be considered in the interpretation of statutes, be they penal or beneficial. 1. What was the common law before the making of the act. 2, What was the mischief and defect, which the common law did not provide for. 3. What remedy the legislature has provided ; and 4. The... | |
 | Samuel March Phillipps - Evidence (Law) - 1838 - 1358 pages
...of the acts : 2nd. What was the mischief and defect, for which the common law did not provide : 3rd. What remedy the parliament hath resolved and appointed, to cure the disease of the commonwealth : and 4th. The true reason and remedy; and then the office of all the Judges is always to make such... | |
 | Samuel March Phillipps - Evidence (Law) - 1838 - 586 pages
...are to be discerned and considered: 1st. What was the common law before the making of the acts : 2nd. What was the mischief and defect, for which the common law did not provide: 3rd. What remedy the parliament hath resolved and appointed, to cure the disease of the commonwealth... | |
 | Equity - 1841 - 690 pages
...Second, what was the mischief and defect for •' which the common law did not provide : — Third, what remedy the " Parliament hath resolved and appointed to cure the disease of the •• commonwealth : — and Fourth, the true reason and remedy." Let the statute in question be construed according to... | |
 | Equity - 1841 - 692 pages
...discerned and considered: — First, what was the common law before the " making of the act : — Second, what was the mischief and defect for "which the common law did not provide : — Third, what remedy the - Parliament hath resolved and appointed to cure the disease of the "... | |
 | Bible - 1844 - 888 pages
...was before the statute was made. 2. What the mischief was for which the Common Law had not provided. 3. What remedy the Parliament hath resolved and appointed to cure the mischief. 4. The true reason of the remedy. What is all this but a recurrence to the condition and... | |
 | Samuel Warren - Law - 1845 - 1174 pages
...Act ? " II. What was the mischief and defect against which the Common Law did not provide ? " III. What remedy the Parliament hath resolved and appointed to cure the disease of the Commonwealth ? " IV. The true reason of the remedy. " It was then held to be the duty of the judges, at all times,... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...four points are to be considered : 1st, what was the common law before the making of the act; 2ndly, what was the mischief and defect for which the common law did not provide ; 3rdly, what remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth... | |
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