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... Rapports Judiciaires de Québec - Page 1671880Full view - About this book
| James Kent - Law - 1832 - 590 pages
...of die common law, for it is not to be presumed the lecTslature intended to make any innovation npon the common law, further than the case absolutely required. This has been the lansruage of the courts in every age ; and when we consider the constant, vehement, and exalted eulogv... | |
| Samuel Warren - Law - 1845 - 1174 pages
...realm, is vested in the Courts of Common Law, and governed by its principles.* It is not to be presumed that the legislature intended to make any innovation...Common Law, further than the case absolutely required. The law rather infers that the Act did not intend to make any alteration, other than what is specified,... | |
| New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1846 - 722 pages
...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...further than the case absolutely required. This," says Chancellor Kent, 1 KenCs Comm. 462, " has been the language of the courts in every age." The extension... | |
| E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...are to be construed in reference to the jninciples 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. The law rather infers that the act did not intend to make any alteration, otiier than what is specified,... | |
| Georgia. Supreme Court - Equity - 1848 - 702 pages
...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. 1 Kent, 463. With such views of the Act of 1S42, and guided by the usual rules of statutory construction,... | |
| James Kent - Law - 1851 - 706 pages
...likewise 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...ancient sages bestowed upon the common law as the perfection of reason, and the best birthright and noblest inheritance of the subject, we cannot be... | |
| George Bowyer - Ecclesiastical law - 1851 - 218 pages
...likewise 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...ancient sages bestowed upon the Common Law, as the perfection of reason and the best birthright and noblest inheritance of the subject, we cannot be surprised... | |
| Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...the principles of the common law in force at the time of their passage, for it is not to be presumed that the legislature intended to make any innovation upon the common law farther than the case absolutely required (4 Kent. Com. 464, 3d ed.) This 167th section instead of... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1854 - 650 pages
...understood that statutes are to be construed in reference to the common law, and it is never to be presumed that the Legislature intended to make any innovation upon the common law any further than the case absolutely required in order to carry the act into eflect. (1 Kent Co»i.,464;... | |
| |