Cox's Magistrates Cases Volume 9

Cox's Magistrates Cases Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...where the rates fall in arrear for any considerable time and are afterwards recovered, some will have paid more than their due share, and some are relieved at the expense of others who have suffered. And when a parish is required to pay a. bygone debt, which may be the case now within a given limit (see 22 & 23 Vict. c. 49) some are called on to contribute for a debt, which should have been paid by their predecessors. It is impossible so to adjust a system of rating, as that none shall pay or receive more than is strictly their due. We therefore must fall back upon the words of the Act, and, construing them in their ordinary sense, ascertain what the intention of the Legislature was, and not strain them in order to prevent a speculative hardship.-The Act says the board " shall from time to time be liable to make good the deficiency," and shall pa all such deficiencies on demand. The liability, y the express terms of the clause, accrues from time to time as the rates are made; the payment is to be made on demand. Do the words " on demand" qualify the liability, or do they point to the time of payment? Do they import a condition, or a duty? The argument requires us to read the words " on demand," as if they were " provided the deficiency be demanded," that is, as words of condition, instead of words of obligation. This is not the natural ordinary meaning of the words; and we cannot see any sufficient reason for construing them in anv other sense. We conclude therefore that the liability of the board was not extinguished by the dela in demanding ayment, and that the arrears 0 all deficiencies own to the date of the certificate (May 11th, 1870) maylegall be demanded in alump sum. We more

Product details

  • Paperback | 674 pages
  • 189 x 246 x 34mm | 1,184g
  • United States
  • English
  • black & white illustrations
  • 1236750551
  • 9781236750556