 | Ireland. Court of King's Bench - 1843 - 660 Seiten
...true reason of the remedy." — Dwar. on Stat. 694, 695. The law rather infers, that the Legislature did not intend to make any alteration other than what...specified, and besides what has been plainly pronounced. If the Parliament had had that design, it is naturally said, they [would have expressed it; and the... | |
 | Arkansas. Supreme Court - 1841 - 662 Seiten
...rule of exposition, statutes are to be construed in reference to the principles of the common law. For the law rather infers that the act did not intend to make any alteration in the common law, other than that what is specified. See Dwarris on Statutes, is. Law Library, construction... | |
 | Samuel Warren - 1845 - 1174 Seiten
...and governed by its principles.* It is not to be presumed that the legislature intended to make any innovation upon the Common Law, further than the case...Parliament had had that design, it is naturally said, that they would have expressed it.f In HEYDON'S CASE, 3 Rep. 7, the Court laid down the following Resolutions,... | |
 | E. Fitch Smith - 1848 - 1040 Seiten
...jninciples of the common law. For it is not to be presumed that the legislature intended to make any innovation upon the common law, further than the case...that the act did not intend to make any alteration, otiier than what is specified, and besides what has been plainly pronounced ; for if the legislature... | |
 | E. Fitch Smith - 1848 - 1004 Seiten
...absolutely required. The law rather infers that the act did not intend to make any alteration, ot/tcr than what is specified, and besides what has been plainly pronounced; for if the legislature had that design, it is naturally said, they would have expressed it. It was observed by... | |
 | John David CHAMBERS - 1856 - 180 Seiten
...intact, where not expressly superseded by the new law ; for, as Lord Coke again says,* we are to infer " that the act did not intend to make any alteration other than what is specified, and beside what has been plainly pronounced." So that on all these accounts, the Judge committed a grave... | |
 | Florida. Supreme Court - 1859 - 560 Seiten
...for. it is not to be presumed that the Legislature intended to make an^ innovation further than the aw absolutely required. The law rather infers that the...alteration other than what is specified and besides what is plainly specified; for, if such had been the design of Parliament, they would have expressed it.... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 Seiten
...absolutely requires. The law, it is said, presumes that the act did not intend to. make any alterations other than what is specified, and besides what has been plainly pronounced ; but that intention, it is to be supposed, if it existed, would have been expressed. (Dwarris on Statutes,... | |
 | Henry Oldright - 1870 - 896 Seiten
...be construed in reference to the principles of the common law ; the law inferring that the Act does not intend to make any alteration other than what is specified, and beside what has been plainly pronounced ; the common law being deemed the best interpreter of positive... | |
 | Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1873 - 528 Seiten
...BALVANTBAY tion U]K>n the common law further than the case absolutely f BA'PA'JI required. The Courts infer that the Act did not intend to „ . '• make any...alteration other than what is specified, and besides SIDHKQt|yt TJ what has been plainly pronounced ; for, if the Legislature had that design, it is naturally... | |
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This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed... 
