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" 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: Reported Complete by ... - Page 706
by New York (State). - 1850 - 791 pages
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The Pacific Reporter, Volume 24

1891 - 1248 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 «imply to ascertain and declare what is, in terms or in substance, contained therein, not to insert...
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The Codes and General Laws of Oregon, Volume 1

Oregon - 1892 - 1154 pages
...the place of its execution, unless the parties have reference to a different place. § 694. [684.] 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. § 695. [685.] In the construction...
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The General Principles of the Law of Evidence: With Their Application to the ...

Frank Sumner Rice - 1892 - 832 pages
...reference to a different place. § 1858. C<>n»t ruction of statutes anil instruments, general rule. In the construction of a statute or instrument, the office of the judge is simply to Hscertain and declare what is in terms or in substance contained therein, not to insert what has been...
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The American State Reports: Containing the Cases of General Value ..., Volume 52

Abraham Clark Freeman - 1897 - 1046 pages
...in one way, that is to say, by affixing their names. In construing a statute, the duty of the court is simply to ascertain and declare what is in terms or in substance declared therein, not to insert what has been omitted, or to omit what has been inserted: Code Civ....
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 21

Montana. Supreme Court - 1898 - 668 pages
...be given to all its language (State v. Cave, 20 Mont. 468, 52 Pac. 200), and the office of the court "is simply to ascertain and declare what is in terms...substance contained therein, not to insert what has been emitter1, or to omit what has been inserted, VOL. XX1-H ami where there are several provisions or particulars,...
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Public Laws and Resolutions Passed by the United States Philippine ...

United States. Philippine Commission (1900-1916) - 1901 - 846 pages
...statute or instrument containing several provisions. — In the construction of a statute or instrument where there are several provisions or particulars,...possible, to be adopted as will give effect to all. SEC. 288. General rule for construction of statute or instrument. — In the construction of a statute,...
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The Pacific Reporter, Volume 62

1901 - 1156 pages
...should be preferred as Indicative of the legislative will. In the language of the statute, our province "is simply to ascertain and declare what Is, in terms...In substance, contained therein, not to insert what lias been omitted, or to omit what has been inserted; and, where there are several provisions or particulars,...
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The Codes and Statutes of Oregon: Showing All Laws of a General ..., Volume 1

Oregon - 1902 - 1036 pages
...different place. [L. 1862 ; D. Cd. § 683 ; HC § 693.] § 706. Construction of Statutes and Instruments. In the construction of a statute or instrument, the...not to insert what has been omitted, or to omit what hap been inserted ; and where there are several provisions or particulars, such construction is, if...
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The Code of Civil Procedure of the State of California: Adopted ..., Volume 1

California - 1906 - 1130 pages
...contract, lex loci: Civ. Code, sec. 1646. § 1858. Construction of statutes and instruments, general rule. in the construction of a statute or instrument, the...such a construction is, if possible, to be adopted ae will give effect to all. En. March 11, 1872. -Cal. Rep. Cit. 65, 464; 74, 67; 107. 354; 108, 655;...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 8

California. District Courts of Appeal - 1909 - 940 pages
...universally accepted by common-law courts, and which in this state has been made a part of our code law. "In the construction of a statute or instrument the...possible, to be adopted as will give effect to all." (Code Civ. Proc., sec. 1858.) This rule requires that meaning and effect should be given to section...
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