 | Thomas Walter Williams - Judges - 1808 - 906 pages
...qualification to their eldest sons, awi •we are bound to take the 'act as they have made it; a cetv ommwi can in no case be supplied by a court of law, for that •would be to make laws ; nor caul conceive that it is our provine« to consider, w hethfi such a... | |
 | Joseph Chitty - Fisheries - 1812 - 710 pages
...the affirmative. Be that as it may, we are bound to take the act of parliament as they have made it ; a casus omissus can in no case be supplied by a court of law, for that would be to make laws; nor can I conceive that it is our province to consider whether such a law that... | |
 | Joseph Chitty - Fisheries - 1812 - 760 pages
...that as it may, we are bound to take the act of parliament as they have made it: a casus omis»u» can in no case be supplied by a court of law, for that would be to make laws ; nor can I conceive that it is our province to consider, whether such a law... | |
 | Sir John Comyns - Digests, etc - 1822 - 652 pages
...extend to lands, &c. which come to the king by a subsequent act of parliament . 2 Co. 46. b. [A cosus omissus can in no case be supplied by a court of law ; for that would be to make laws. 1 TR 52.] (R 14.) To other persons. So, if a statute makes the securities given... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1886 - 822 pages
...Buller, over a century ago, " to take the act of parliament as they have made it ; a casus omiasus can in no case be supplied by a court of law, for that would be to make laws." Jones v. Smart, 1 TR 44. In the case of Hodge v. Coriell, 15 Vr. 456, the supremecourt,... | |
 | Basil Montagu, Great Britain. Court of Review - Bankruptcy - 1832 - 630 pages
...In the matter courts, has been uniform. of In Jones v. Smart, I TB 52., Buller, J., says, AARON. " A casus omissus can in no case be supplied by a court of la\v, for that were to make laws." Although the intent of the legislature is to be ascertained, it... | |
 | Edward Erastus Deacon, Edward Chitty, Great Britain. Court of Review - Bankruptcy - 1833 - 762 pages
...no other words are to be supplied. Thus, in Jones v. Smart, 1 TR 52, Mr. Justice BH Her, says, " /I casus omissus can in no case be supplied by a Court...the legislature may be ascertained. For in Read v. Sowerby(a), where a particular construction was attempted to be put upon the 14th section of the 49... | |
 | Ireland. Court of King's Bench - Law reports, digests, etc - 1850 - 646 pages
...observes — "be that as it may, we "are bound to take the Act of Parliament as they have made it; " a casus omissus can in no case be supplied by a Court of Law, " for that would be to make laws." It could not have been the object of the Legislature to give jurisdiction,... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1843 - 898 pages
...case : if so, it is casus omissus, and the Court cannot supply it. In Jones v. Smart (c), Buller, J., says — " A casus omissus can in no case be supplied by a Court of law, for that would be to make laws." The same rule is laid down by Vauffhan, CJ, in Bole v. Horton (d). Doe dem.... | |
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We are bound," said Justice Buller in an early case in the King's Bench, " to take the act of Parliament as they have made it: a casus omissus can in no case be supplied by a court of law, for that would be to make laws... 
