A New Abridgment of the Law with Large Additions and Corrections, Band 9

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Seite 246 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Seite 208 - And all bills, drafts, or orders for the payment of any sum of money out of any particular fund which may or may not be available...
Seite 429 - An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject...
Seite 417 - AN ACT DECLARING THE RIGHTS AND LIBERTIES OF THE SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN.
Seite 240 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the Legislature should be intended to mean what they have plainly expressed, and consequently no room is left for construction.
Seite 218 - law itself, (says he,) [*91] you at the same time repeal the prohibitory clause, which guards against such repeal ( />)." 10. Lastly, acts of parliament that are impossible to be performed are of no validity : and if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those collateral consequences, void (32).
Seite 429 - James, and since his decease, pretending to be and taking upon himself the stile and title of King of England by the name of James the Third, or of Scotland by the name of James the Eighth, or the stile and title of King of Great Britain, hath not any right or title whatsoever to the crown of this realm...
Seite 222 - ... no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Seite 136 - Majesty shall judge capable of being converted into or made useful in increasing the quantity of military or naval stores, provisions, or any sort of victual which may be used as food by man, and if any goods so prohibited shall be exported from the United Kingdom or carried coastwise, or be water-borne to be so exported or carried, they shall be forfeited.
Seite 217 - Council and them, that the King by his proclamation cannot create any offence which was not an offence before; for then he may alter the law of the land by his proclamation in a high point: for if he may create an offence where none is, upon that ensues fine and imprisonment...

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