 | Florida. Supreme Court - Law reports, digests, etc - 1859 - 560 pages
...remedial statutes : the old law, the mischief and the remedy ; and it is the business of the Judges so to construe the act as to suppress the mischief and advance the remedy." — 1 Black, Com., 87. The invariable rule of construction in respect to the rerepealing of statutes... | |
 | Charles Daniel Drake - Attachment and garnishment - 1866 - 714 pages
...as well as individuals, are liable. "Are foreign corporations within the spirit of the act? We are so to construe the act as to suppress the mischief and advance the remedy. The mischief which the legislature intended to remedy was, that the effects of persons, artificial... | |
 | United States - 1867 - 1060 pages
...the, mischief was the unlimited right of voting, and the remedy is the restriction of this right. " And it is the business of the judge so to construe the law as to suppress the mischief and advance the remedy." (1 Blackstone, 87.) Section 9 of the schedule... | |
 | Henry Oldright - 1870 - 896 pages
...Act; what the mischief was for which the common law did not provide, and what remedy the Parliament hath provided to cure this mischief; and it is the business of the judges so to construe the Act, as to suppress the mischief and advance the remedy. 3 Rep. 7, 1 Co.... | |
 | William Giles Goddard - Political science - 1870 - 616 pages
...act; what the mischief was for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the Judges so to construe the act, as to suppress the mischief, and advance the remedy." Many of the people... | |
 | William Blackstone - Law - 1872 - 776 pages
...what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act as to suppress the mischief and advance the remedy.(e) Let us instance again in the same restraining statute of 13 Eliz. c. 10 : By the common... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1874 - 776 pages
...points to be considered; the old law, the mischief, and the remedy. And it is the business of courts so to construe the act as to suppress the mischief and advance the remedy. 1 Blackstone's Com., page 87. At the common law the legal existence of the wife was merged in that... | |
 | Theodore Sedgwick - Constitutional law - 1874 - 750 pages
...what remedy the Parliament hath provided to cure this mischief. And it is tbe business) of the judges so to construe the act, as to suppress the mischief and advance the remedy."1 (Vol. I, p. 87.) (a) The intent is to be gathered from the whole statute or Constitution.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1874 - 672 pages
...; what the mischief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mischief. And it is the business of the judges so to construe the act as to suppress the mischief and advance the remedy.' "Kent says (vol.... | |
 | ERNEST HART - 1875 - 454 pages
...what remedy the Parliament have provided to cure the mischief. And it is the business of the judges so to construe the Act as to suppress the mischief and advance the remedy.' He also says ' one part of a statute must be so construed by another that the whole may, if possible... | |
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THERE are three points to be considered in the construction of all remedial statutes ; the old law, the mischief, and the remedy : that is, how the common law stood at the making of the act ; what the mischief was, for which the common law did not provide... 
