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according action actual affidavit allowed amount appeared application arbitrators attorney authority award bail bond brought called cause charge Chipman cited claim common consideration considered contract costs Court damages debt debtor deed defendant delivered demand directed discharged Dowl East entered evidence execution executor fact filed give given granted ground hands held intention issue John Judge judgment jurisdiction jury Justices Kerr King land Lord matter ment necessary nonsuit notice objection obtained opinion paid party payment person plaintiff plea pleaded possession present principle proceedings proved Province question reason received record recover referred refused Regina road rule rule nisi Sheriff shew Stat statute Street sufficient suit taken term timber tion trespass trial verdict witness writ
Page 210 - King there being, in contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Page 21 - ... of collecting the intention to call in aid the ground and cause of making the statute, and to have recourse to the preamble, which, according to Chief Justice Dyer, is ' a key to open the minds of the makers of the act, and the mischiefs which they intended to redress.
Page 17 - The intention of the legislature must be ascertained from the words of a statute, and not from any general inferences to be drawn from the nature of the objects dealt with by the statute.
Page 21 - Act. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do in such case best declare the intention of the lawgiver.
Page 6 - A writ of mandamus is, in general, a command issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature, within the king's dominions; requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice.
Page 92 - Majesty or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are by the law of England liable to the satisfaction of debts due by bond or other specialty...
Page 83 - In solving doubts, the maxim sic utere tuo ut alienum non laedas [use your own property in such a manner as not to injure that of another...
Page 23 - That from and after the passing of this act, no person shall be taken or charged in execution upon any judgment obtained in any of her Majesty's superior courts, or in any county court, court of requests, or other inferior court, in any action for the recovery of any debt wherein the sum recovered shall not exceed the sum of 20/. exclusive of the costs recovered by such judgment.
Page 22 - VI, c. 12, having enacted that those who are convicted of stealing horses should not have the benefit of clergy, the judges conceived that this did not extend to him that should steal but one horse, and therefore procured a new act for that purpose in the following year.