In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are... The Code of Civil Procedure of the State of New-York - Page 706by New York (State). Commissioners on Practice and Pleadings - 1850 - 791 pagesFull view - About this book
| 1884 - 824 pages
...would be useless and amihi'v. In the construction of a statute the object "is simply to ;. certain and declare what is in terms or in substance contained...not to insert what has been- omitted or to omit what hag been inserted, and where there arc several provisions or particulars, such a construction is, if... | |
| Law reports, digests, etc - 1915 - 1230 pages
...AND OPERATION — PARTICULAR PROVISIONS. Under LOL § 715, providing that in the construction of an instrument the office of the judge is simply to ascertain and declare what is. in terms or substance, contained therein, Dot to insert what has been omitted, or omit what has been inserted,... | |
| Law reports, digests, etc - 1888 - 1040 pages
...MS important and salutary as follows: "In the construction of a statute or instrument, the оШсе of the judge is simply to ascertain and declare what...there are several provisions or particulars, such construction is, if possible, to be adopted, as will give effect to all." The etïect of this proviso... | |
| California - Criminal law - 1889 - 960 pages
...reference to a different place. Interpretation of contract— lex loci. Civil Code, sec. 16:6. § 1858. In the construction of a statute or instrument, the...not to insert what has been omitted, or to omit what lias beca inserted; and where there are several provisions or particulars, such a construction is,... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1889 - 648 pages
...and salutary, as follows: "In the construction of a statute or instrument, the office of the jndge is simply to ascertain and declare what is, in terms...or to omit what has been inserted; and, where there arc several provisions or particulars, such construction is, if possible, to be adopted, as will give... | |
| New York (State) - 1889 - 146 pages
...a different place. § 156. In construing a statute or writing, in which there are several different provisions or particulars, such a construction is,...possible, to be adopted as will give effect to all. § 157. In construing a statute, the intention of the legislature, and in construing a writing, the... | |
| Law reports, digests, etc - 1889 - 908 pages
...simply ascertain and declare what is, m terms or in substance, contained in the statute, and decline to insert what has been omitted, or to omit what has been inserted. It belongs to the legislature to do that. All the matters presented by the petition for a rehearing... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1891 - 1060 pages
...declaratory of one of the first principles in the laws applicable to the construction of contracts: "In the construction of a statute or instrument, the...there are several provisions or particulars, such construction is, if possible, to be adopted as will give effect to all." A party cannot protect himself... | |
| David Belden - Law - 1891 - 488 pages
...interpretation. Such is not the rule which the statute prescribes for the guidance of Courts. Says the Code : " In the construction of a statute or instrument the...has been omitted, or to omit what has been inserted. (Section 1">8, Code Civil Procedure.) Nor do I understand that these special exemptions, creating,... | |
| Law reports, digests, etc - 1891 - 1148 pages
...declaratory of one of the first principles in the laws applicable to the construction of contracts: "In the construction of a statute or instrument, the...office of the judge is simply to ascertain and declare whnt is, in terms or In substance, contained therein, not to insert what has been omitted, or to omit... | |
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