No universal rule can be laid down for the " construction of statutes, as to whether mandatory enactments shall be considered " directory only or obligatory, with an implied nullification for disobedience. It is the " duty of courts of justice to try... The New South Wales Law Reports, 1880-1900 - Page 125by New South Wales. Supreme Court - 1890Full view - About this book
| John Peter De Gex, F. Fisher, Henry Cadman Jones - Equity - 1862 - 712 pages
...507 1860. THE LIVERPOOL BOROUOH BANK. v. TURNER. Dec. 12. 1860. merits shall be considered directory only or obligatory with an implied nullification for...attending to the whole scope of the statute to be construed. Looking to the great peculiarity of the forms of transfer and mortgage here required, and... | |
| Great Britain. Courts - Admiralty - 1864 - 446 pages
...for the construction of statutes, as to whether mandatory enactments shall be considered directory only, or obligatory, with an implied nullification...attending to the whole scope of the statute to be construed. Looking to the great pecidiarity of the forms of transQ. В.] DUTTOS e. POWI.KS. [QB fer... | |
| John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1866 - 570 pages
...down for the construction of statutes, as to whether mandatory enactments shall be considered directly only or obligatory, with an implied nullification...attending to the whole scope of the statute to be construed. Looking to the great peculiarity of the terms of transfer and mortgage here required, and... | |
| Henry Oldright - 1870 - 896 pages
...for the construction of "Statutes, as to whether mandatory enactments shall be ''considered directory only, or obligatory, with an implied ''nullification...attending to the whole scope of the " Statute to be construed. Looking to the great peculiarity "of the forms of transfer and mortgage here required, ''and... | |
| Great Britain. Magistrates' cases - Justices of the peace - 1880 - 670 pages
...for the construction of statutes, as to whether mandatory enactments shall be considered directory only or obligatory, with an implied nullification...attending to the whole scope of the statute to be construed." It cannot be contended here that the Legislature has intended to make the place of trial... | |
| United States. Comptroller of the Treasury - Finance, Public - 1884 - 680 pages
...as to whether mandatory enact merits shall be considered directory only, or obligatory, * * * batit is the duty of courts of justice to try to get at...attending to the whole scope of the statute to be construed" (Hardcastle, Statutory Law, 129). The authorities recognize a difference between statutes... | |
| Jabez Gridley Sutherland - Law - 1891 - 836 pages
...been brought within the category." * " It is the duty of courts of justice," said Lord Campbell, " to try to get at the real intention of the legislature...attending to the whole scope of the statute to be construed." * Lord Penzance said: "I have been carefully through all the principal cases, but, upon... | |
| Henry Hardcastle - Law - 1892 - 748 pages
...laid down as to whether mandatory enactments shall be considered directory only or obligatory .... but it is the duty of courts of justice to try to get...attending to the whole scope of the statute to be construed." In Hou'ard v. Bodington (1877), 2 PD 203, at p. 211, Lord Penzance, after citing this dictum... | |
| Law reports, digests, etc - 1915 - 800 pages
...be no general rule as to when enabling Acts are absolute and when directory. "It is the duty of the Courts of justice to try to get at the real intention...attending to the whole scope of the statute to be construed:" per Lord Campbell in Liverpool Borough Bank \. Turner (1860), 30 LJ Ch. 379, 380. Lord... | |
| K. G. Dodwell Browne - Law reports, digests, etc - 1901 - 572 pages
...marriage be valid. Lord Campbell when the same case came in appeal before him — (30 LJ Chan. 370) said : "It is the duty of Courts of Justice to try to get the real intention of the legislature, by carefully attending to the whole scope of the statute to... | |
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