It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute... The New-York Legal Observer - Page 289edited by - 1849Full view - About this book
| Abraham Lansing - Law reports, digests, etc - 1873 - 634 pages
...358; 14 Mass., 92; 4 Coms., 144.) For it is a maxim of interpretation, as old as Plowden, that'a thing within the letter of the statute is not within the...unless it be within the intention of the makers.' (Plowd., 18, 88; 3 Barn. & Aid., 266; 4 id., 212; 3 Cow., 89; 4 Litt. [Ky.], 377.) In this act the... | |
| United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - District courts - 1874 - 590 pages
...intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute...statute unless it be within the intention of the makers, and such construction ought to be put upon it as does not suffer it to be eluded."1 Again in Dwarris'... | |
| Law - 1916 - 502 pages
...the makers of a statute is as much within the statute as if it were in the letter; and a thing that is within the letter of the statute is not within...unless it be within the intention of the makers." Writers of statutes do not always express themselves perfectly and an equitable construction must be... | |
| Michigan. Department of Public Instruction - Education - 1874 - 430 pages
...may consider the questions involved, keeping in mind the fundamental rules of STATUTORY CONSTRUCTION. statute is not within the statute, unless it be within the intention of the makers; and such construction ought to be put upon it as does not suffer it to be eluded." In this State it... | |
| Theodore Sedgwick - Constitutional law - 1874 - 750 pages
...makers of a statute, is as much within the statute as if it were within the letter; and a thing which iB within the letter of the statute is not within the statute, unless * Tonnele v. Hall, 4 Comstock, 140. It be within the intention of the makers ; and such construction... | |
| United States. Dept. of the Interior - 1876 - 1032 pages
...gross breach of the publie faith, the presumption is conclusive that Congress never meant to grant it. "A thing which is within the letter of the statute...unless it be within the intention of the makers." (1 Bacon Abr., 247.) The treaty of 1825 secured to the Osages the possession and use of their lands... | |
| United States. General Land Office - Public lands - 1876 - 436 pages
...gross brooch of the publie faith, the presumption is conclusive that Congress never meant to grant it. "A thing which is within the letter of the statute is not within the statute unless it be within the iutention of the makers." (1 Bacon Abr.,247.) The treaty of 1825 secured to the Osages the possession... | |
| United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - District courts - 1876 - 590 pages
...repealing the former statute or in any manner referring to it.1 A thing which is in the letter of a statute is not within the statute, unless it be within the intention of the makers.* " Where the intention of the legislature is not apparent to that purpose, the general words of another... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1876 - 620 pages
...construction seems contrary to the letter of the statute. "A thing which is within the letter of a statute is not within the statute unless it be within the intention of the makers." (Griswold v. National Insurance Co., 3 Cowen, 96.) Opinion of the Court — McArthur, J. If we look... | |
| United States. Congress. House - United States - 818 pages
...gross breach of the publie faith, the presumption is conclusive that Congress never meant to grant it. "A thing which is within the letter of the statute is not within the statute unless it be withiu the intention of the makers." (1 Bacon Abr., 247.) Thetreaty of 1825 secured to the Osages the... | |
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