 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1890 - 590 pages
...never compulsory except where the public are concerned, I do not think either was meant." Ho adds, "The enabling words are construed as compulsory whenever...power is to effectuate a legal right. It is far more ea-y to shew that there is a right where private interests are concerned, than where the alleged right... | |
 | Frederick Stroud - 1890 - 1062 pages
...supplemental proposition may be gathered from the judgment of Lord Blackburn in the same case : — Enabling words are construed as compulsory whenever...object of the power is to effectuate a legal right : and if the object of the power is to enable the donee to effectuate a legal right, then it is the... | |
 | James Shaw Sinclair - 1891 - 430 pages
...power ought to be exercised, and the Court will require it to be exercised." Enabling words are also construed as compulsory, whenever the object of the power is to effectuate a legal right: per Ld. Blackburn, SC, 6 App. Gas., 214, at p. 244. Such words and phrases, therefore, group themselves... | |
 | Thomas Beven - 1895 - 980 pages
...exercise, is also plain : Julius v. Bishop of Oxford, 5 App. Cas. 214. See per Lord Blackburn, at 244 : "The enabling words are construed as compulsory whenever...object of the power is to effectuate a legal right." - (1892) 1 QB 385. 1210 NEGLIGENCE IN LAW. Obligation of the railway comlany to the plaintiff. Mathew,... | |
 | 1899 - 704 pages
...discretion to issue or decline to issue such commission. Julius v. Bishop of Oxford, 1880, 5 App. Cas. 214. Enabling words are construed as compulsory whenever...object of the power is to effectuate a legal right, and if by enabling words a court is empowered to pass sentence on one convicted of a crime, it would... | |
 | Thomas Beven - 1908 - 802 pages
...Julius v. Bishop «/ Oxford, 5 App. Cas. 214. See per Lord Blackburn, 244 : " The enabling words arc construed as compulsory whenever the object of the power is to effectuate a legal right." " One private person has no right to give another in charge after the disturbance has ceased " : per... | |
 | Arthur Strettell Comyns Carr, William Hubert Stuart Garnett, James Henry Taylor - 1912 - 804 pages
...general scope and objects, of the enactment conferring the power " (per Lord Selborne, ib. at p. 235). " The enabling words are construed as compulsory whenever...object of the power is to effectuate a legal right " (per Lord Blackburn, ib. at p. 244). The question therefore is whether this Act confers a right upon... | |
 | 1923 - 592 pages
...reposed, to exercise that power when called upon to do so." And LORD BLACKBURN more tersely added: "the enabling words are construed as compulsory whenever...object of the power is to effectuate a legal right." One searches the Cape regulations in vain for anything in the nature and object of an application for... | |
 | 1880 - 936 pages
...concerned, or are never compulsory except where the public are concerned, I do not think either was meant. The enabling words are construed as compulsory whenever...to effectuate a legal right. It is far more easy to shew that there is a right where private interests are concerned than where the alleged right is in... | |
 | New South Wales. Supreme Court - 1899 - 746 pages
...ilebt. I adopt the words of Lord Blackburn in the case of Julius v. Bishop of Oxford (3), where he says: "The enabling words are construed as compulsory...to effectuate a legal right. It is far more easy to shew that there is a right where private interests are concerned, than where the alleged right is in... | |
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The enabling words are construed as compulsory whenever the object of the power is to effectuate a legal right. 
