Reports of Cases Volume 21

Reports of Cases Volume 21

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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. 1882 edition. Excerpt: ... is sometimes made to depend upon the vote of the whole County, which by the same section of the Act, includes every town, township, parish, and other division or municipality (except a city) within the territorial limits of the County. Surely it is clear from this, as words can make it, that there can be no election in any place that is not a municipality and consequently that the Legislature intended the Act to come into force and affect municipal rights without a separate election in each municipality. But I am asked why then are cities to have separate elections'! My answer to that question, as a Judge, is because the Legislature has said so in plain language, and if I am asked why they said so, although I cannot tell, I can only conjecture. It may have been that while they did not consider it good policy to have a. separate election in all the towns and municipalities, they thought it would be good policy to have such in the municipalities that were cities as they knew they were few and important. The rule laid down for the interpretation of statutes by the Court in R69. v. Berchet,1 is "that such sense is to be made upon the whole as that no clause. sentence or word shall prove superfluous, void or insignificant, if by any other construction they may be all made usefill and pertinent," and Lord Holt in Ilarcowrt v. Fora,2 says "VVc would be very bold men when we are entrusted with the interpreta tion of Acts of Parliament to reject any words that are sensible in the Act;" and the rule is, where the language of an Act is clear and explicit the Court must give effect to it whatever may be the conse--quences, for in that case the words of the Statute speak the intention Of the Legislature. Lord Denman in...
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Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236799429
  • 9781236799425