We are bound," said Justice Buller in an early case in the King's Bench, " to take the act of Parliament as they have made it: a casus omissus can in no case be supplied by a court of law, for that would be to make laws... Term Reports in the Court of King's Bench - Page 52by Great Britain. Court of King's Bench, Charles Durnford - 1817Full view - About this book
| Thomas Walter Williams - Judges - 1808 - 906 pages
...qualification to their eldest sons, awi •we are bound to take the 'act as they have made it; a cetv ommwi can in no case be supplied by a court of law, for that •would be to make laws ; nor caul conceive that it is our provine« to consider, w hethfi such a law as has been pasted is tyrannical... | |
| Joseph Chitty - Fisheries - 1812 - 710 pages
...Be that as it may, we are bound to take the act of parliament as they have made it ; a casus omissus can in no case be supplied by a court of law, for...is our province to consider whether such a law that is passed is tyrannical or »ot. But the strong ground of all is, that all the acts relative to game... | |
| Joseph Chitty - Fisheries - 1812 - 760 pages
...laws ; nor can I conceive that it is our province to consider, whether such a law that is passed is tyrannical or not. It has been said that this act...degree, as appears from the preamble. To consider the preamble of an act is to be sure in general a good mode to come at the meaning of the legislature,... | |
| Sir John Comyns - Digests, etc - 1822 - 652 pages
...lands, &c. which come to the king by a subsequent act of parliament . 2 Co. 46. b. [A cosus omissus can in no case be supplied by a court of law ; for that would be to make laws. 1 TR 52.] (R 14.) To other persons. So, if a statute makes the securities given by the sureties of... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1886 - 822 pages
...Buller, over a century ago, " to take the act of parliament as they have made it ; a casus omiasus can in no case be supplied by a court of law, for that would be to make laws." Jones v. Smart, 1 TR 44. In the case of Hodge v. Coriell, 15 Vr. 456, the supremecourt, in interpreting... | |
| Charles Petersdorff - Law - 1831 - 542 pages
...parliament as they mac!e it; a cuatis ommus can in no case be supplied by a court of law, forthat would he to make laws; nor can I conceive that it is our province to consider whether such a law that passed is tyrannical or not. But the strong ground of all is, that all the acts relative to game have... | |
| Edward Erastus Deacon - Bankruptcy - 1833 - 774 pages
...words are to be supplied. Thus, in Jones v. Smart, 1 TR 52, Mr. Justice Buller, says, " A casus omissus can in no case be supplied by a Court of law ; for that were to make laws." Neither can there be any inference in the construction of statutes, if the words... | |
| Great Britain. Court of Exchequer, Charles James Gale - Law reports, digests, etc - 1836 - 180 pages
...were quite satisfied that it was so, we could not supply the defect. " A castts omissus can in no way be supplied by a court of law; for that would be to make laws."—Per Buller, J., 1 T. R. 72. : The next question, then, is, whether the statute of Anne, or... | |
| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1837 - 824 pages
...were quite satisfied that it was so, we could not supply the defect. " A casus omissus can in no way be supplied by a Court of law, for that would be to make laws."— Per Buller, J., 1 TR 72. The next question then is, whether the statute of Anne, or rather the 19th... | |
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