It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute... Lawyers' Reports Annotated - Page 3421905Full view - About this book
| Edmund Burke - 1853 - 876 pages
...In Bacon's Abridgement, title " Statute," it is said that " a thing which is within the letter of a statute is not within the statute unless it be within the intention of the makers." And, again, " the construction to be put upon a statute is that which best answers the intention of... | |
| Vermont. Supreme Court, Asa Aikens - 1827 - 440 pages
...the letter shall be considered within the meaning; for a case which is within the intention, is as much within the statute, as if it were within the letter ; and a case which is within the letter, is not within the statute, unless it be within the intention. (Plowd.... | |
| North Carolina. Supreme Court - 1828 - 452 pages
...to the letter of the statute. A thing which is within the intention of the maker of a statute, is as much within the statute, as if it were within the letter; and a thing which is within the letter of a statute, is not within the statute, unless it be within the intention of the makers. (Vac. Mr. tit.... | |
| New Jersey. Court of Chancery - 1879 - 846 pages
...best answer the intention which the makers had in view ; and a thing which is within the letter of a statute, is not within the statute unless it be within the intention of the makers. And a statute will sometimes receive such equitable construction as is contrary to the letter. These... | |
| Alabama. Supreme Court, George Noble Stewart - 1830 - 654 pages
...Legislature is to be resorted to in order to discover their meaning: that a thing within the intention, is as much within the statute as if it were within the letter ; and a thing within the letter is not within the statute, if contrary to the intention of it; that such a construction... | |
| Great Britain. Court of King's Bench - 1833 - 1072 pages
...within it, must not only be within the literal sense of the enacting words, but within the intent. A thing which is within the letter of the statute is not within the statute, unless it be within the intent of the maker; Bacon Mr. tit Statutel. 5.; Bridger v. Eidiardsan (a) ; and the construction ought... | |
| New York (State). Legislature. Assembly - 1833 - 636 pages
...answer the intention which the makers had in view; and that a thing which is within the letter of a statute, is not within the statute, unless it be within the intention of the makers. The $54,000, which in the former report was added to the annual average amount of tickets which the... | |
| 1833 - 604 pages
...drive the cattle into the county where the manor lies ; so that a thing which is within the letter is not within the statute, unless it be within the intention of the framers. Upon the whole of this case, seeing that by the mercantile law one partner of a mercantile... | |
| Henry Wheaton - 1834 - 186 pages
...as may be agreeable to the rules of the common law." (76.) " A thing which is within the letter of a statute, is not within the statute, unless it be within the intention of the makers." (76. pi. 5.) " A statute ought sometimes to have such equitable construction, as is contrary to the... | |
| Wisconsin. Legislative Assembly. House of Representatives - 1843 - 1080 pages
...intention tf the makers of a statute, is as much within the statute as if it were within the let ter ; and a thing which is within the letter of the statute...statute, unless it be within the intention of the makers. And such construction ought to be put upon it, as does not suffer it to he eluded." These views are... | |
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