Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick: With Tables of the Names of Cases Decided and Names of the Cases Cited and a Digest of the Principal Matters, Volume 1
New Brunswick. Supreme Court, Ward Chipman, Sir John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Esq George W. Allen, Arthur I. Trueman, John L. Carleton (barrister-at-law), George Wheelock Burbidge, Douglas King Hazen, William Henry Harrison, Ernest Doiron
Carswell, 1905 - Law reports, digests, etc
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act of Assembly action affidavit appeared application arbitrators assumpsit attorney authority award bail Bing bond Botsford certiorari Chipman Chit cited clerk common law costs creditor Curiam damages Daniel Savage debt debtor declaration deed defendant defendant's delivered Dowl entered evidence execution executor fendant filed Fredericton G. F. Street given granted ground held Hilary term indorsed Inferior Court Inhabitants issue judgment jurisdiction jury Justices Kerr King Kinnear land liable Lord mandamus ment Michaelmas term nonsuit notice Nova Scotia obtained a rule opinion paid parish Parker party payment person plaintiff plea pleaded possession proceedings proved Province question recover refused Regina replevin Robinson Rule absolute rule nisi Saunders scire facias security for costs Sheriff shewed cause Smith Stat statute sufficient term last thereof timber tion trespass trial verdict Vict Walter Powers Williams witness writ
Page 212 - King there being, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 23 - ... of collecting the intention to call in aid the ground and cause of making the statute, and to have recourse to the preamble, which, according to Chief Justice Dyer, is ' a key to open the minds of the makers of the act, and the mischiefs which they intended to redress.
Page 19 - The intention of the legislature must be ascertained from the words of a statute, and not from any general inferences to be drawn from the nature of the objects dealt with by the statute.
Page 23 - Act. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do in such case best declare the intention of the lawgiver.
Page 8 - A writ of mandamus is, in general, a command issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature, within the king's dominions; requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice.
Page 94 - Majesty or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are by the law of England liable to the satisfaction of debts due by bond or other specialty...
Page 85 - In solving doubts, the maxim sic utere tuo ut alienum non laedas [use your own property in such a manner as not to injure that of another...
Page 25 - That from and after the passing of this act, no person shall be taken or charged in execution upon any judgment obtained in any of her Majesty's superior courts, or in any county court, court of requests, or other inferior court, in any action for the recovery of any debt wherein the sum recovered shall not exceed the sum of 20/. exclusive of the costs recovered by such judgment.
Page 24 - VI, c. 12, having enacted that those who are convicted of stealing horses should not have the benefit of clergy, the judges conceived that this did not extend to him that should steal but one horse, and therefore procured a new act for that purpose in the following year.