Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 6

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine 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. 1876 edition. Excerpt: ...which follows: " But this decision must be understood to "be subject to the rule laid down, art. 3, especially Rex 1/. " Pratteu, 6 D. & E. 559; in which case it was admitted and held that the distinction had always been allowed between an exception in the enacting clause, creating the forfeiture, and a subsequent proviso in the same statute. In the case at bar, what has been termed the proviso or exception, but which, properly speaking, is a qualification, stands in the centre of the enacting clause, and before the first sentence is finished. Indeed we are not able to distinguish it from the case of Little 1/. T/zompson. That was an action of debt for taking and disposing of certain of the plaintiff's logs. The statute on which the plaintiff professed to maintain his action, provides "that if any person shall take, carry away, or other"wise convert to his own use, without the consent of the "owner, any log, &c. he shall forfeit," &c. The plaintiff did not aver that the logs were taken without his consent; and for that reason the judgment was arrested. In both cases the omitted words were in the midst of the enacting clause; in one case, there was delay withoutjust excuse, prohibited under a penalty; and in the other, a conversion of property, without consent of the owner, prohibited under a penalty. The case of lVz'llz'ams 1/. Hing/zam 6-3" Quincy Turnpike, &c. 4 Pick. 34I, was decided on the same principle, and the court expressly proceeded on the above mentioned distinction. The section which subjected the proprietors to liability in damages to the sufferer, limited the action to those liable to pay toll, (persons ofa certain description being by law exempted from more

Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 123690558X
  • 9781236905581