 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 1671880Full view - About this book
 | John David CHAMBERS - 1856 - 180 pages
...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. The law rather infers that the Act did not intend to make any alteration other than what is specified,... | |
 | John Louis Taylor Sneed, Tennessee. Supreme Court - Law reports, digests, etc - 1857 - 812 pages
...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 upon the common law, farther than the case absolutely required. This has been the language of the Courts in every age. —... | |
 | James Kent - Law - 1858 - 732 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... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1858 - 724 pages
...Stat. sec. 468-748. Savage, J., 7 Cowen, 253 ;) for it is not to be preWynhamer v. The People. sumed that the legislature intended to make any innovation upon, the common law, further than the language of the statutes absolutely requires. All laws in " restraint of natural liberty," ^ those... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1861 - 722 pages
...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...upon the common law, further than the case absolutely requires. (1 Kent's Com. 463, 3d ed.) This has been the language of the courts in every age. It is... | |
 | Robert S. Blackwell - Tax-sales - 1864 - 724 pages
...assigned by Chancellor Kent for this rule of construction, is thus stated : " For it is not to be presumed the legislature intended to make any innovation upon...ancient sages bestowed upon the common law, as the perfection of reason, and the birthright and noblest inheritance of the subject, we cannot be surprised... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1867 - 644 pages
...with a general principle in the exposition of statutes which declares that it is not to be presumed' that the legislature intended to make any innovation...upon the common law further than the case absolutely requires. The law, it is said, presumes that the act did not intend to. make any alterations other... | |
 | Robert S. Blackwell - Tax-sales - 1869 - 738 pages
...assigned by Chancellor Kent for this rule of construction is thus stated : " For it is not to be presumed the legislature intended to make any innovation upon...ancient sages bestowed upon the common law, as the perfection of reason, and the birthright and noblest inheritance of the subject, we cannot be surprised... | |
 | Joel Prentiss Bishop - Women - 1875 - 796 pages
...New York judge observed : " The rule of construction is a familiar one, that it is not to be presumed that the legislature intended to make any innovation...common law, further than the case absolutely required." 1 And in another New York case, the rule as applied to these statutes was stated as follows : " that... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1881 - 702 pages
...general principle in the exposition of, statutes, which declares that it is not to be presumed th it the legislature intended to make any innovation upon the common law, further than the case absolutely requires. The law, it is said, presumes, that the act did not intend to make any alterations other... | |
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