Reports of the Supreme Court of Canada Volume 26

Reports of the Supreme Court of Canada Volume 26

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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. 1897 edition. Excerpt: ...and by itself a fatal objection, would be that by doing this we should be treating the Act of the legislature dealing with a subject within its competence as entirely ineffectual. If we say, that (1) 5 Man. L. R. 33. 1896 Comma 17. Kmmmnr. The Chief Justice. there was no enlargement as regards the kind of personal property to which the ordinance refers, but that we are to treat the words "personal property " as used in the same restrictive sense as in the Act of Parliament, then it must have been entirely inoperative, for the powers of disposition of such property conferred by the ordinance would not be more comprehensive than those given by the Act. The ordinance would therefore be useless and the law would remain just as it was before its enactment. In the construction of statutes it is a well established rule, especially as regards beneficial statutes, that the legislature must, so far as is consistent with the language of the Act, be presumed to have intended some alteration in the law, and not a mere repetition of the previous law as to which no doubt or question had been raised. Then, the words "her personal property " unconfined by any context, must be interpreted as having reference to all the personal property belonging to a married Woman, married subsequently to the Act, as well as to all the personal property acquired since the Act by women married before the Act. This is the plain primd facie meaning of the words in question taken in their ordinary sense, from which we have no authority to depart. If a testator. under the law as it existed prior to any legislation respecting the property of married women, had bequeathed personal property to a married woman with a declaration in the terms of the...
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Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236852141
  • 9781236852144