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Abbott's Practice Cases Volume 3

Abbott's Practice Cases Volume 3


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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. 1857 Excerpt: ...of this continent. If, however, it had been a corporation by prescription, the division of the common council into two boards was by statute and of modern date. The principles which control this new institution are such as are applicable to recent enactments. In such cases the grant to the corporation cannot be explained, and most assuredly its powers cannot be created by usage. In ancient grants, and especially when expressed in obsolete phraseology, usage under them may be resorted to for explanation, but never, even in such cases, to establish additional powers. That the common council may have adopted a practice conformable to what was done in this instance, and pursued it for a period of twenty-five years, if it had been fully proved, which it has not, would not have shown Wetmore o. Story. that it was legal, or within the compass of their powers. Their legislative powers were not derived from usage, but were acquired wholly under the statute. In all such cases, if there are express statutory definitions they must control, but if there are not, any power conferred must be taken with its ordinary qualities and incidents. That is the reasonable rule, and it has been established by authority. What then was the rule in the particular which I am considering in legislative bodies consisting of two branches? In England, when there was an election of a new House of Commons, the unfinished business pending in the preceding parliament was at an end. There was never an instance where a bill adopted by the House of Commons, only, of one Parliament, was taken up by the House of Lords and finally passed without the concurrence of the newly elected body. The rule has been extended to prorogations, and where the same houses re-assembled. Blackstone says (1 Comm., 186, ..


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Product Details
  • ISBN-13: 9781130633986
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 216
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1130633985
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 395 gr


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