 It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute...  United States Congressional Serial Set - Page 421910Full view - About this book
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1833 - 1072 pages
...within it, must not only be within the literal sense of the enacting words, but within the intent. A thing which is within the letter of the statute is not within the statute, unless it be within the intent of the maker; Bacon Mr. tit Statutel. 5.; Bridger v. Eidiardsan (a) ; and the construction ought... | |
 | Wisconsin. Legislative Assembly. House of Representatives - Legislative journals - 1843 - 1080 pages
...intention tf the makers of a statute, is as much within the statute as if it were within the let ter ; and a thing which is within the letter of the statute...is not within the statute, unless it be within the intention of the makers. And such construction ought to be put upon it, as does not suffer it to he... | |
 | Wisconsin. Legislative Assembly. House of Representatives - Legislative journals - 1844 - 536 pages
...intention of the makers of a statute, is as much within the statute as if it were within the Idler, -and a thing which is within the letter of the statute...is not within the statute, unless it be within the intention of the makers. And such construction ought to be put upon it, as does not suffer it to be... | |
 | New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1847 - 704 pages
...like the present, not within their contemplation. We may accordingly safely here apply the rule that "a thing which is within the letter of the statute, is not within the statute unless it is within the intention of the maker." Bac.Abr.tit. Statutel. When, therefore, the act of 181 3, required... | |
 | Samuel Owen - Law - 1849 - 404 pages
...lawgiver. It was said by Thompson, Ch. J., in the People v. The Utica Insurance Co. 15 Johns., 380, that " a thing which is within the letter of the statute is not within the statute, unless it be within the intention of the makers." I have already shown, conclusively I think, that the clause which is the... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1860 - 600 pages
...doubtful, the intention of the legislature is to be resorted to, in order to find the meaning of the words. A thing which is within the intention of the makers...within the letter of the statute, is not within the _ statute unless it be within the intention of the makers. And such construction ought to be put upon... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1862 - 600 pages
...makers of a statute, is as much within the statute as if it were within the letter of the statute ; and a thing which is within the letter of the statute,...is not within the statute unless it be within the intention of the makers." (Thompson Ch. J. in The People v. The Utica Insurance Co. 15 Johns. 380.)... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 496 pages
...lawgiver. It was said by THOMPSON, Ch. J. in The People v. the Utica Insurance Co. 15 Johnson, 389, that " a thing which is within the letter of the statute is not within the statute, unless it be within the intention of the makers." I have already shown conclusively, I think, that the clause which is the... | |
 | Theodore Sedgwick - Constitutional history - 1857 - 770 pages
...intention of the legislature is to be resorted to, i • in order to find the meaning of the words. A thing which is within the intention of the makers...is not within the statute, unless it be within the intention of the makers ; and such construction ought to be put upon it as does not suffer it to be... | |
 | United States. Congress, Thomas Hart Benton - Law - 1861 - 698 pages
...be collected from a particular provision, or from the general context. Second : A thing which is in the letter of the statute, is not within the statute, unless it be the intention of the makers. With these tests Mr. D. proceeded to an elaborate and technical investigation... | |
| |
