| Law reports, digests, etc - 1884 - 1902 pages
...to be discerned and considered: First. What was the common law before the making of the act? Second. What was the mischief and defect against which the common law did not provide? Third. What remedy the parliament hath resolved and appointed to cure the disease of the commonwealth.... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1882 - 962 pages
...be discerned and considered : First, What was the common law before the making of the act ? Second, What was the mischief and defect against which the common law did not provide f Third, What remedy the Parliament hath resolved and appointed to cure the disease of the Commonwealth... | |
| Stewart Rapalje, Robert Linn Lawrence - Law - 1883 - 770 pages
...interpretation of all statutes, be they penal or beneficial, restrictive of, or enlarging the common law: (1) What was the common law before the making of the act ; (2) what was the mischief and defect for which the common law did not provide; (3) what remedy the parliament has resolved and appointed... | |
| William Williamson Kerr - Fraud - 1883 - 640 pages
...that the construction of the statute then under consideration before them must be made by enquiring what was the mischief and defect against which the common law did not provide, ' what remedy the Parliament had appointed to cure the disease of the commonwealth and what was the... | |
| Law reports, digests, etc - 1886 - 862 pages
...sometimes not within the statute, not being within the intention of the makers." Wo are to inquire, " What was the mischief and defect against which the common law did not provide ? " and which the statute was designed to cure; and " it is the duty of the court to make such construction... | |
| United States. Department of the Interior - Bounties, Military - 1892 - 476 pages
...according to the common-law rule, three things must be considered. 1. What was the law before making the act? 2. What was the mischief and defect against which the law did not provide ? 3. What remedy had Congress provided to cure such defect? (Dwarris on Statutes,... | |
| Gustav Adolf Endlich - Law - 1888 - 970 pages
...Case. 3 Rep. 76 ; 10 Rep. 73a. [The points as stated by Lord Coke in this case, are as follows : — " 1. What was the common law before the making of the act?— 2. What was the mischief and defect for which the common law did not provide ?— 3. What remedy the Parliament hath resolved and appointed... | |
| Stewart Rapalje, Robert Linn Lawrence - Law - 1888 - 772 pages
...interpretation of all statutes, be they penal or beneficial, restrictive of, or enlarging the common law : (1) What was the common law before the making of the act ; (2) what was the mischief and defect for which the common law did not provide; (3) what remedy the parliament has resolved and appointed... | |
| Henry Hardcastle - Law - 1892 - 748 pages
...beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered. (1) What was the common law before the making of the Act. (2) What was the mischief and defect for which the common law did not provide. (3) What remedy the Parliament hath resolved and appointed... | |
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