 | Law - 1898 - 858 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... | |
 | Canada - 1901 - 1144 pages
...restrictive or enlarging of the common law) four things are to be discerned and (d) 2 Ex. 272. 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... | |
 | Thomas Wallace Russell - Ireland - 1901 - 308 pages
...questioned — said (Hayden's Case, 3 Rep. 7, v.) : — In interpreting a statute we should consider — i. 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 had resolved and applied to... | |
 | United States. Supreme Court - Law reports, digests, etc - 1905 - 758 pages
...Barons of the Exchequer in Hey don's case, 3 Co., 7 :—Inquire 1. What was the common law before making the act. 2. What was the mischief and defect against...which the common law did not provide. "3. What remedy Parliament hath resolved and appointed to cure the disease of the commonwealth, &c. 4. The true reason... | |
 | Australia. High Court - Law reports, digests, etc - 1907 - 962 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). \\hat remedy the Parliament hath resolved and appointed... | |
 | Australia. High Court - Law reports, digests, etc - 1910 - 870 pages
...3 Rep. 7, at p. 7b. diseerned and considered : — (1) What was the common law before HC or A. 1909 the making of the Act. (2) What was the mischief and defect for which the common law did not provide. (3) What remedy FEDERATED the Parliament hath resolved and... | |
 | Henry Campbell Black - Law - 1911 - 776 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... | |
 | Antitrust law - 1912 - 1064 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 effect against which the common law did not provide? (3) What remedy the parliament hath resolved and... | |
 | Law reports, digests, etc - 1913 - 1350 pages
...benelic-ial, 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) Whnt was the mischief and defect for which the common law did not provide? (3) What remedy the Parliament... | |
 | Bar associations - 1926 - 762 pages
...that the points for consideration are: (a) What was the common law before the making of the Act (b) What was the mischief and defect against which the common law did not provide (c) What remedy the Parliament hath resolved and appointed to cure the disease of the Commonwealth... | |
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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.... 
