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... Southern Reporter - Page 1651925Full view - About this book
| Edmund Burke - History - 1853 - 876 pages
...In Bacon's Abridgement, title " Statute," it is said that " a thing which is within the letter of a statute is not within the statute unless it be within the intention of the makers." And, again, " the construction to be put upon a statute is that which best answers the intention of the... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1828 - 452 pages
...much within the statute, as if it were within the letter; and a thing which is within the letter of a statute, is not within the statute, unless it be within the intention of the makers. (Vac. Mr. tit. Statutes.) The latter rule applies forcibly to the cases where the Court is required... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1879 - 846 pages
...best answer the intention which the makers had in view ; and a thing which is within the letter of a statute, is not within the statute unless it be within the intention of the makers. And a statute will sometimes receive such equitable construction as is contrary to the letter. These are... | |
| Great Britain. Court of King's Bench - Law reports, digests, etc - 1833 - 1072 pages
...within it, must not only be within the literal sense of the enacting words, but within the intent. A thing which is within the letter of the statute is not within the statute, unless it be within the intent of the maker; Bacon Mr. tit Statutel. 5.; Bridger v. Eidiardsan (a) ; and the construction ought... | |
| New York (State). Legislature. Assembly - New York (State) - 1833 - 636 pages
...answer the intention which the makers had in view; and that a thing which is within the letter of a statute, is not within the statute, unless it be within the intention of the makers. The $54,000, which in the former report was added to the annual average amount of tickets which the... | |
| Asia - 1833 - 604 pages
...drive the cattle into the county where the manor lies ; so that a thing which is within the letter is not within the statute, unless it be within the intention of the framers. Upon the whole of this case, seeing that by the mercantile law one partner of a mercantile... | |
| Henry Wheaton - Copyright - 1834 - 186 pages
...as may be agreeable to the rules of the common law." (76.) " A thing which is within the letter of a statute, is not within the statute, unless it be within the intention of the makers." (76. pi. 5.) " A statute ought sometimes to have such equitable construction, as is contrary to the... | |
| Great Britain. Courts - Ecclesiastical law - 1845 - 750 pages
...object would be defeated if the term should have several meanings. A thing may be in the letter, but is not within the Statute, unless it be within the intention of the makers. ll A mass of stone, weighing more than two tons, and immovable, is not within the meaning of the Rubric.... | |
| Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 708 pages
...of the makers of the statute. Plow. 57, Wimbish v. Tailboys. A thing which is within the letter of a statute is not within the statute, unless it be within the intention of the makers. The statute of Marlebridge, c. 4, prohibits generally the driving of a distress taken in one county... | |
| New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1847 - 704 pages
...like the present, not within their contemplation. We may accordingly safely here apply the rule that "a thing which is within the letter of the statute, is not within the statute unless it is within the intention of the maker." Bac.Abr.tit. Statutel. When, therefore, the act of 181 3, required... | |
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