A General Treatise On Statutes Their Rules of Construction And the Proper Boun
A General Treatise On Statutes Their Rules of Construction And the Proper Boun
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Without liis consent. On demurrer, it was hekl that the word " pubhc" did not necessarily ovenide the whole sentences ; and that if it did, then that, from the sub- sequent chmses, every convenience connected with the railway, must be considered as for the pubhc use. (t Again it was held, that where parties under an act of parliament of a private nature seek to burden the property of otliers by sub- jecting it to a compulsory power, they must show unambiguous words in the statute, b In the Stou...rbridge Canal Company v. Wheeler, c Lord Tenterden said : " The canal having been made under the in-ovisions of an act of parHament, the rights of the company are derived entirely from that act. This, like many other cases, is a bargain between a company of adventurers and the pub- lic, the terms of ^^■hich are expressed in the statute ; and the rule of construction in all such cases is now fully understood to be this : — that any ambiguity in the temis of the contract, must operate against the adventurers and in favor of the public.
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To quickly assess the difficulty of the text, read a short excerpt:
Without liis consent. On demurrer, it was hekl that the word " pubhc" did not necessarily ovenide the whole sentences ; and that if it did, then that, from the sub- sequent chmses, every convenience connected with the railway, must be considered as for the pubhc use. (t Again it was held, that where parties under an act of parliament of a private nature seek to burden the property of otliers by sub- jecting it to a compulsory power, they must show unambiguous words in the statute, b In the Stou...rbridge Canal Company v. Wheeler, c Lord Tenterden said : " The canal having been made under the in-ovisions of an act of parHament, the rights of the company are derived entirely from that act. This, like many other cases, is a bargain between a company of adventurers and the pub- lic, the terms of ^^■hich are expressed in the statute ; and the rule of construction in all such cases is now fully understood to be this : — that any ambiguity in the temis of the contract, must operate against the adventurers and in favor of the public.
What to read after A General Treatise On Statutes Their Rules of Construction And the Proper Boun?
You can find similar books in the "Read Also" column, or choose other free books by Fortunatus Dwarris to read onlineMoreLess
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