The Juridical Review Volume 6

The Juridical Review Volume 6

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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. 1894 edition. Excerpt: ...doctrine was shaken by some cases which occurred when Lord Denman was ChiefJustice, and eventually was in substance overruled when Lord Campbell presided in the Court of Queen's Bench. Later judges were naturally unwilling to question a principle that had the sanction of such great names, and, as the Lord Chancellor remarked, it was a curious fact that whenever the opinions of Lord Mansfield and Lord Kenyon had not been presented to the Court of Queen's Bench, the J udges had adopted the correct view of the statute. In short, to use the words of Mr. Justice Blackburn, the decisions had got into such a state as to be entirely inconsistent with each other, and "it had become necessary to overrule one set of the inconsistent decisions, unless the law was to be administered without any reference to principle, deciding each case as it arose, according as the facts might be supposed to approximate more nearly to those in the one set of decisions or the other." Then, in the year 1865, a test case was brought before the House of Lords--T/re Mersey Dock Board v. Jones, centsec., already cited. The Dock Board were bound to apply the dock rates, dues, and all other moneys received by them, according to the directions of the several Acts of Parliament, and neither the Board nor any number of it could make any pecuniary profit in the execution of the trust. The Lords called in five of the Judges to their assistance, and it was decided that the purposes to which the dues were applicable were not such as to exempt the docks and the trustees from mteability. Both the Lord Chancellor (Westbury) and Lord Cranworth defined very clearly what was meant by the words "beneficial occupation" when used to signif
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Product details

  • Paperback | 138 pages
  • 189 x 246 x 8mm | 259g
  • United States
  • English
  • black & white illustrations
  • 1236760603
  • 9781236760609