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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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Atlantic Reporter, Volume 90

Law reports, digests, etc - 1914 - 1164 pages
...what the mischief was for which the common law did not provide, and what remedy the Parliament bath 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, 87....
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The American and English Encyclopedia of Law, Volume 23

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1893 - 1174 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." Cited with approval...
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The New Hampshire Reports, Volume 61

New Hampshire. Supreme Court - Law reports, digests, etc - 1887 - 702 pages
...construction — the old law, the mischief, and the remedy; and it is the business of the judges to so construe the act as to suppress the mischief and advance 'the remedy." 1 Bl. Com. 87. (1) The old law placed no restrictions upon the bringing of suits for highway damages....
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The Southwestern Reporter, Volume 67

Law reports, digests, etc - 1902 - 1284 pages
...construction that remedial statutes shall be liberally construed; that "It Is the duty of Judges to so construe the act as to suppress the mischief and advance the remedy." Suth. St. Const § 409. It Is impossible to read the act of 1891 without perceiving that the legislature...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1888 - 712 pages
...and what remedy the legislature has provided to cure the mischief ; and it is the business of courts so to •construe the act as to suppress the mischief and advance the remedy. 1 Bl. Coinin. 87; Rogers v. Hotel Co., 4 Neb. 58. Here is an act which declares that all charges shall...
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The Northwestern Reporter, Volume 35

Law reports, digests, etc - 1888 - 1064 pages
...and what remedy the legislature has provided to cure the mischief; and it is the business of courts so to construe the act as to suppress the mischief and advance the remedy. 1 131. Comm. 87; Rogers v. Hotel Co., 4 Neb. 58. Here is an act which declares that all charges shall...
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The American State Reports: Containing the Cases of General Value ..., Volume 13

Abraham Clark Freeman - Law reports, digests, etc - 1890 - 1000 pages
...remedial statutes three points are to be considered, viz., the old law, the mischief, and the remedy, and so to construe the act as to suppress the mischief and advance the remedy, is to be applied: 1 Bla. Com. 87. Applying this rule to the provision in question, and it embraces...
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Junius: Including Letters by the Same Writer Under Other ..., Volume 1

Junius - English letters - 1890 - 528 pages
...what remedy the parliament hath provided to cure this mischief. It is the business of the judges lo to construe the act as to suppress the mischief and advance the remedy."— Wtushttone, i- 87. special bailiffs of liberties, either by writ or virtute officii ;" * consequently...
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Statutes and Statutory Construction: Including a Discussion of Legislative ...

Jabez Gridley Sutherland - Law - 1891 - 836 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.2 This injunction is simply to carry out the intention of the law-maker, which is the cardinal...
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Reports of Cases in the Supreme Court of Nebraska. 1875-1876, Volume 4

1891 - 648 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 ami advance the remedy." 1 Blackstone Com.,...
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