 This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed...  Atlantic Reporter - Σελίδα 1171886Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Robert S. Blackwell - 1869 - 738 σελίδες
...assigned by Chancellor Kent for this rule of construction is thus stated : " For it is not to be presumed the legislature intended to make any innovation upon...common law, further than the case absolutely required. This has been the language of the courts in every age, and when we consider the constant, vehement,... | |
 | Henry Oldright - 1870 - 896 σελίδες
...be construed in reference to the principles of the common law ; the law inferring that the Act does not intend to make any alteration other than what is specified, and beside what has been plainly pronounced ; the common law being deemed the best interpreter of positive... | |
 | Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1873 - 528 σελίδες
...BALVANTBAY tion U]K>n the common law further than the case absolutely f BA'PA'JI required. The Courts infer that the Act did not intend to „ . '• make any...alteration other than what is specified, and besides SIDHKQt|yt TJ what has been plainly pronounced ; for, if the Legislature had that design, it is naturally... | |
 | 1881 - 628 σελίδες
...intended to make an innovation upon the existing law, further than the case absolutely required. For the law rather infers that the Act did not intend...what is specified, and besides what has been plainly expressed; "for if the Parliament had held that design, it is naturally said, they would have expressed... | |
 | Joel Prentiss Bishop - 1875 - 796 σελίδες
...New York judge observed : " The rule of construction is a familiar one, that it is not to be presumed that the legislature intended to make any innovation...common law, further than the case absolutely required." 1 And in another New York case, the rule as applied to these statutes was stated as follows : " that... | |
 | 1880 - 422 σελίδες
...reference to the F £fîï! y " principles of the common law ; for it is not to be presumed Dion T itai. " that the legislature intended to make any innovation...common law, further than the case absolutely required. This " has been the language of the courts in every age ; and when " we consider the constant, vehement,... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1881 - 702 σελίδες
...general principle in the exposition of, statutes, which declares that it is not to be presumed th it the legislature intended to make any innovation upon the common law, further than the case absolutely requires. The law, it is said, presumes, that the act did not intend to make any alterations other... | |
 | Robert Freke Gould - 1883 - 298 σελίδες
...are to be construed in reference to the principles of the common law. For it is not to be presumed that the Legislature intended to make any innovation...common law further than the case absolutely required " (Dwarris, A Treatise on the Statutes, p. 695). » Reeves, History of the English Law (WF Finlason),... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1884 - 658 σελίδες
...well recognized principle of interpretation must also be observed, that " it is not to be presumed that the legislature intended to make any innovation...required. The law rather infers that the act did not Fail lee ngt, Bloomingdale. intend to make any alteration, other than what is specified, and besides... | |
 | 1891 - 1158 σελίδες
...are to be construed in reference to the principles of the common law; for it is not to be presumed that the legislature intended to make any innovation...than the case absolutely required. The law rather iufers that the act did not intend to make any alteration other than what is specified, and besides... | |
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