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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... "
British Encyclopedia: Or, Dictionary of Arts and Sciences, Comprising an ...
by William Nicholson - 1821
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Elementary Law

William Lawrence Clark - Electronic books - 1909 - 524 pages
...act; what the mischiei 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." 1 Blackstone Comm....
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Pacific States Reports: Extra Annotated, Book 39

Law reports, digests, etc - 1911 - 2136 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 Bl. Com. 87.) The mischief intended to be remedied by the act of October 29, 1874, is expressed...
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Cyclopedia of Law ...

Charles Erehart Chadman - Law - 1912 - 624 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. (e) Let us instance...
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Cases Argued and Determined in the Supreme Court of the State of ..., Volume 53

Colorado. Supreme Court - Law reports, digests, etc - 1913 - 664 pages
...the end that its objects and purposes may be accomplished; that is, "it is the business of the courts so to construe the act as to suppress the mischief and advance the remedy." Statc v. FN & MVRR Co., 22 Neb. 313. As shown by its title set out above, the objects and purposes...
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The British Columbia Reports: Being Reports of Cases Determined ..., Volume 17

Law reports, digests, etc - 1913 - 690 pages
...the Act, what the mischief was for which the common law provided, and what the remedy the Parliament hath provided to cure this mischief; and it is the business of judges to so construe the Act as to suppress the mischief and advance the remedy.' "The right to a...
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The Southern Reporter, Volume 59

Law reports, digests, etc - 1913 - 1050 pages
...CONSTRUCTIONLEGISLATIVE INTENT. The court, in construing a statute, should ascertain the legislative intent and so construe the act as to suppress the mischief and advance the remedy, according to the legislative intent gathered from the words used, when taken in their ordinary sense,...
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American and English Annotated Cases: Containing the Important Cases ...

Law - 1916 - 1400 pages
...attachment against nonresidents said: "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...
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The Law of Real Property in Illinois, Volume 3

Edward Jenkins Whitehead - Real property - 1922 - 904 pages
...under any circumstances, and the remedy proposed by the statute, and it is the duty of the court to so construe the act as to suppress the mischief and advance the remedy. The object of the statute is plain on its face. It is to confer jurisdiction upon the courts of equity...
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Reports of the U.S. Board of Tax Appeals, Volume 4

United States. Board of Tax Appeals - Taxation - 1927 - 1522 pages
...provide, and what remedy the legislature has supplied to cure this mischief. And it Is the duty of judges so to construe the act as to suppress the mischief and advance the remedy. Under the law as it would have stood without the benefit of the amortization section, taxpayers who...
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The Central Law Journal, Volume 21

Law - 1885 - 592 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 judges so to construe the act as to suppress the mischief and advance the remedy." Bl. C'omra. 87....
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