A Full and Faithful Report of the Proceedings in His Majesty's Court of Exchequer in Ireland, in the Case of the Honorable Mr. Justice Johnson: Containing the Arguements of Counsel, and the Opinions Delivered from the Bench as Taken from Original Document
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1805 edition. Excerpt: ...that the subsequent part of the section expressly directs the magistrate trafe to execute the warrant only ia the county where it s indorsed.--Thus, it is manisest, that by the construction, 'contended for by tlie Prisoner, thofe impottants words, . reside and be, are made nugatory and superfluous, and arc ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1805 edition. Excerpt: ...that the subsequent part of the section expressly directs the magistrate trafe to execute the warrant only ia the county where it s indorsed.--Thus, it is manisest, that by the construction, 'contended for by tlie Prisoner, thofe impottants words, . reside and be, are made nugatory and superfluous, and arc literally expunged from the statute, whereas, by.the Construction I have given to these words, each word is made to express not only a distinct meaning, but is made descriptive of a distinct class of cases.--And, by this construction, is only not verbal criticism satisfied, but what is much more important, the great object of the Legislature, the great object os' public policy, is attained, viz. jJie re-. Bioval and annihilation os the ancient obstacles, w hich presented the trial of ofsenders in many cases, and gave impunity to crime.--Such a construction is, theresore, not only legal, but, in fact, coercive on a Judge. But it has been contended, that, by the preamble to the 24th Geo. II. the enacting clause is to be confined to escape either besore or aster warrant granted--But, I deny that the preamble can in that act controul in such way the enacting clause. No preamble can do so except in two cases--1st. where by words of reserence the preamble is made part of the enacting clause;--zdly, where the enacting clause is obscurely framed, and then the preamble is re-, sorted to as a means of discovering the meaning of the Legislature. Now, this statute does not fall within either of these cases; for in this enacting clause there are no words of reserence to the preamble. Nor is the enacting clause obscurely framed; nor does it require.any assistance srom the preamble to ascertain its meaning. From the manner in which this argument has been used..
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All Editions of A Full and Faithful Report of the Proceedings in His Majesty's Court of Exchequer in Ireland, in the Case of the Honorable Mr. Justice Johnson: Containing the Arguements of Counsel, and the Opinions Delivered from the Bench as Taken from Original Document
