Cardinal Rules of Legal InterpretationStevens, 1908 - 674 pages |
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Page xi
... Writing and Print · Capricious Intention Date - Time , Computation of Decisions Latent and Patent Ambiguities Incorporating Clauses Ancient Instruments - Evidence of Custom and Usage Alterations in Instruments PAGE 50 · 52 52 55 385 ...
... Writing and Print · Capricious Intention Date - Time , Computation of Decisions Latent and Patent Ambiguities Incorporating Clauses Ancient Instruments - Evidence of Custom and Usage Alterations in Instruments PAGE 50 · 52 52 55 385 ...
Page xiv
... Writing and print - 208 - 209 Memorandum of Association - 209 Policy of Insurance - 210 Warranty in a Policy - 211 Rules for ascertaining amount of a loss under a Policy - 211 PART VI . - MISCELLANEOUS INSTRUMENTS . Grants from the ...
... Writing and print - 208 - 209 Memorandum of Association - 209 Policy of Insurance - 210 Warranty in a Policy - 211 Rules for ascertaining amount of a loss under a Policy - 211 PART VI . - MISCELLANEOUS INSTRUMENTS . Grants from the ...
Page lxvii
... ( 1853 ) , 8 Ex . 352 ; 22 L. J. Ex . 109 Waverley Type Writer , In re , [ 1898 ] 1 Ch . 699 ; 67 L. J. Ch . 360 38 , 257 75 , 304 422 PAGE - Wear ( River ) Commissioners v . Adamson e 2 TABLE OF CASES REFERRED TO . lxvii.
... ( 1853 ) , 8 Ex . 352 ; 22 L. J. Ex . 109 Waverley Type Writer , In re , [ 1898 ] 1 Ch . 699 ; 67 L. J. Ch . 360 38 , 257 75 , 304 422 PAGE - Wear ( River ) Commissioners v . Adamson e 2 TABLE OF CASES REFERRED TO . lxvii.
Page lxxix
... writing or print are intended to express the will of the parties thereto , and seem to me to be the most important class of all instruments to be dealt with , not only as covering all or nearly all of the remaining subjects of this work ...
... writing or print are intended to express the will of the parties thereto , and seem to me to be the most important class of all instruments to be dealt with , not only as covering all or nearly all of the remaining subjects of this work ...
Page 2
... writers as evidencing the constant practice of the profession . " - Alexander v . Kirkpatrick ( 1874 ) , L. R. 2 H. L. Sc . 397 , at p . 400 , Lord Cairns , L. C. " The law upon this subject is stated in the observations of a text - writer ...
... writers as evidencing the constant practice of the profession . " - Alexander v . Kirkpatrick ( 1874 ) , L. R. 2 H. L. Sc . 397 , at p . 400 , Lord Cairns , L. C. " The law upon this subject is stated in the observations of a text - writer ...
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Common terms and phrases
Act of Parliament agreement alteration ambiguous appears applied ascertain Att.-Gen authority Beav binding Bing bound Brett canon of construction circumstances cited clause clear Coke common law considered construed according contrary Court of Appeal covenant decision deed delivering the judgment document domicil doubt Dublin mean duty Earl of Halsbury enactment English express foreign grammatical H. L. Cas implied inconsistent intention interpretation Jessel judges Judicial jurisdiction jury justice L. J. Ch L. J. Ex laid language legislation legislature lex fori Lindley Lord Alverstone Lord Blackburn Lord Esher Lord Halsbury Lord Tenterden matter maxim meaning ment operation ordinary parol particular parties passed persons preamble primâ facie principle provisions purpose question Rail reason recital reference regard remedy repeal repugnant rule of construction rule of law sense statute subject-matter taken technical thing tion true unless usage Vict words written instruments
Popular passages
Page 486 - Comity,' in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.
Page 628 - An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same.
Page 506 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 179 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 635 - ... affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed...
Page 603 - ... unless a contrary Intention shall appear by the Will, by reason of such Person having a prior Estate Tail, or of a preceding Gift, being, without any Implication arising from such Words, a Limitation of an Estate Tail to such Person or Issue or otherwise : Provided, that this Act shall not extend to Cases where such Words as aforesaid import if no Issue described in a preceding Gift shall be born, or if there shall be no Issue who shall live to attain the Age or otherwise answer the Description...
Page 59 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Page 604 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 420 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 609 - And by sect 21. it is enacted, " that " no obliteration, interlineation, or other " alteration made in any will after the " execution thereof shall be valid or " have any effect, except so far as the " words or effect of the will before such " alteration shall not be apparent...