 No universal rule can be laid down for the " construction of statutes, as to whether mandatory enactments shall be considered " directory only or obligatory, with an implied nullification for disobedience. It is the " duty of courts of justice to try...  The South African Law Reports: Transvaal provincial division - Page 246de Jan Hendrik Gey van Pittius, South Africa. Supreme Court. Transvaal Provincial Division, Adolf Davis - 1925Affichage du livre entier - À propos de ce livre
 | John Peter De Gex, F. Fisher, Henry Cadman Jones - 1862 - 712 pages
...enactments 507 1860. THE LIVERPOOL BOROUOH BANK. v. TURNER. Dec. 12. 1860. merits shall be considered directory only or obligatory with an implied nullification...to the whole scope of the statute to be construed. Looking to the great peculiarity of the forms of transfer and mortgage here required, and the purposes... | |
 | Great Britain. Courts - 1864 - 446 pages
...laid down for the construction of statutes, as to whether mandatory enactments shall be considered directory only, or obligatory, with an implied nullification...to the whole scope of the statute to be construed. Looking to the great pecidiarity of the forms of transQ. В.] DUTTOS e. POWI.KS. [QB fer and mortgage... | |
 | John Scott, Great Britain. Court of Common Pleas - 1866 - 570 pages
...down for the construction of statutes, as to whether mandatory enactments shall be considered directly only or obligatory, with an implied nullification...to the whole scope of the statute to be construed. Looking to the great peculiarity of the terms of transfer and mortgage here required, and the purposes... | |
 | Henry Oldright - 1870 - 896 pages
...laid down for the construction of "Statutes, as to whether mandatory enactments shall be ''considered directory only, or obligatory, with an implied ''nullification...the whole scope of the " Statute to be construed. Looking to the great peculiarity "of the forms of transfer and mortgage here required, ''and the purposes... | |
 | Great Britain. Magistrates' cases - 1880 - 640 pages
...laid down for the construction of statutes, as to whether mandatory enactments shall be considered directory only or obligatory, with an implied nullification...to the whole scope of the statute to be construed." It cannot be contended hero that the Legislature has intended to make . the place of trial an important... | |
 | United States. Comptroller of the Treasury - 1884 - 680 pages
...as to whether mandatory enact merits shall be considered directory only, or obligatory, * * * batit is the duty of courts of justice to try to get at...to the whole scope of the statute to be construed" (Hardcastle, Statutory Law, 129). The authorities recognize a difference between statutes in affirmative,... | |
 | New South Wales. Supreme Court - 1890 - 874 pages
...construction of statutes as to 189°whether mandatory enactments shall be considered directory NICHOLLS only or obligatory, with an implied nullification...attending to the whole scope of the statute to be considered." Where the literal construction of a section will lead to a conclusion which is not in... | |
 | Jabez Gridley Sutherland - 1891 - 836 pages
...been brought within the category." * " It is the duty of courts of justice," said Lord Campbell, " to try to get at the real intention of the legislature...to the whole scope of the statute to be construed." * Lord Penzance said: "I have been carefully through all the principal cases, but, upon reading them... | |
 | Henry Hardcastle - 1892 - 748 pages
...laid down as to whether mandatory enactments shall be considered directory only or obligatory .... but it is the duty of courts of justice to try to get...to the whole scope of the statute to be construed." In Hou'ard v. Bodington (1877), 2 PD 203, at p. 211, Lord Penzance, after citing this dictum of Lord... | |
 | 1915 - 800 pages
...be no general rule as to when enabling Acts are absolute and when directory. "It is the duty of the Courts of justice to try to get at the real intention...to the whole scope of the statute to be construed:" per Lord Campbell in Liverpool Borough Bank \. Turner (1860), 30 LJ Ch. 379, 380. Lord Penzance, in... | |
| |
