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" This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed... "
Rapports Judiciaires de Québec - Page 167
1880
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Commentaries on American Law, Volume 1

James Kent - Law - 1832
...of die common law, for it is not to be presumed the lecTslature intended to make any innovation npon the common law, further than the case absolutely required. This has been the lansruage of the courts in every age ; and when we consider the constant, vehement, and exalted eulogv...
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Queen's Bench Reports, Volume 12

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - Law reports, digests, etc - 1843
...are to be construed in reference to the principles of the common law. For it is not to be presumed that the Legislature intended to make any innovation...common law, further than the case absolutely required;" Dwarris On Statutes, 564, 2d ed. (a) 5 Com. B. 934. (4) 8 M. J- II'. C4O. 6-13. J. Greenwood, contra....
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A Popular and Practical Introduction to Law Studies: And to Every Department ...

Samuel Warren - Law - 1845 - 944 pages
...realm, is vested in the Courts of Common Law, and governed by its principles.* It is not to be presumed that the legislature intended to make any innovation...Common Law, further than the case absolutely required. The law rather infers that the Act did not intend to make any alteration, other than what is specified,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 20

New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1846
...are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation...further than the case absolutely required. This," says Chancellor Kent, 1 KenCs Comm. 462, " has been the language of the courts in every age." The extension...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - Constitutional law - 1848 - 976 pages
...are to be construed in reference to the jninciples of the common law. For it is not to be presumed that the legislature intended to make any innovation...common law, further than the case absolutely required. The law rather infers that the act did not intend to make any alteration, otiier than what is specified,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 4

Georgia. Supreme Court - Equity - 1848
...are to be construed in reference to the principles of the Common Law ; for it is not to be presumed that the Legislature intended to make any innovation...Common Law, further than the case absolutely required. 1 Kent, 463. With such views of the Act of 1S42, and guided by the usual rules of statutory construction,...
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Commentaries on American Law, Volume 1

James Kent - Law - 1851
...likewise to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation...ancient sages bestowed upon the common law as the perfection of reason, and the best birthright and noblest inheritance of the subject, we cannot be...
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Readings Delivered Before the Honourable Society of the Middle Temple, in ...

George Bowyer - Ecclesiastical law - 1851 - 198 pages
...likewise to be construed in reference to the principles of the Common Law, for it is not to be presumed that the legislature intended to make any innovation...ancient sages bestowed upon the Common Law, as the perfection of reason and the best birthright and noblest inheritance of the subject, we cannot be surprised...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard (Jr.), New York (State). Supreme Court - Civil procedure - 1852
...the principles of the common law in force at the time of their passage, for it is not to be presumed that the legislature intended to make any innovation upon the common law farther than the case absolutely required (4 Kent. Com. 464, 3d ed.) This 167th section instead of...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 2

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 - 1854
...understood that statutes are to be construed in reference to the common law, and it is never to be presumed that the Legislature intended to make any innovation upon the common law any further than the case absolutely required in order to carry the act into eflect. (1 Kent Co»i.,464;...
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