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" That for the sure and true interpretation of all statutes in general (be they penal or 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.... "
Practice Reports in the Supreme Court and Court of Appeals - Page 354
by Nathan Howard, New York (State). Supreme Court - 1856
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A Dictionary of American and English Law: With Definitions of the Technical ...

Stewart Rapalje, Robert Linn Lawrence - Law - 1883
...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...
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A Treatise on the Law of Fraud and Mistake

William Williamson Kerr - Fraud - 1883 - 593 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...
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The American Decisions: Containing All the Cases of General Value ..., Volume 69

Law reports, digests, etc - 1886
...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...
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The American and English Encyclopedia of Law, Volume 23

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1893
...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?...
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Decisions of the Department of the Interior in Appealed Pension ..., Volume 5

United States. Department of the Interior - Bounties, Military - 1892
...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,...
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A Commentary on the Interpretation of Statutes

Gustav Adolf Endlich - Law - 1888 - 871 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...
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A Dictionary of American and English Law: With Definitions of the Technical ...

Stewart Rapalje, Robert Linn Lawrence - Law - 1888
...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...
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A Treatise on the Construction and Effect of Statute Law: With Appendices ...

Henry Hardcastle - Electronic books - 1892 - 659 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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Annual Report of the American Bar Association: Including ..., Volume 14

American Bar Association - Bar associations - 1891
...regard to the interpretation of statutes: " What was the common law before the making of the act?" "What was the mischief and defect against which the common law did not provide?" "What remedy has the legislature devised and applied?" "The true reason of the remedy ?" And have you...
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Ruling Cases, Volume 14

Robert Campbell - Annotations and citations (Law) - 1898
...interpretation of an Act of Parliament four things are to be considered : 1. What was the state of the law before the making of the Act. 2. What was the mischief and defect for which that law did not provide. 3. What remedy the Parliament has resolved upon. 4. The true reason...
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