The Scots Revised Reports; Cases Reported Only in the Scottish Jurist 1829 to 1865
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The Scots Revised Reports; Cases Reported Only in the Scottish Jurist 1829 to 1865

The Scots Revised Reports; Cases Reported Only in the Scottish Jurist 1829 to 1865


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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.1907 Excerpt: ... thinking that the reading of the words themselves leaves no doubt whatever that the reservation is the same in the leases to both parties--both to the Scots Mines Co. and to the Leadhills Mining Co., with merely verbal exceptions. The words are, "reserving always the use of all shafts, sumpts, cuts, levels, drifts, or other waygates" (it is chiefly as to the waygates that the question arose), "already made or to be made within the whole grounds hereby let to the said governor and company, except engine shafts alone, with power of sinking and driving within the said whole grounds for the conveniency of his or their other works, in so far as the same can be done without incommoding or interrupting the said governor and company, their own proper works, which are always to have the preference in such cases." Now, the question is, whether these words, "in so far as the same can be done," are referable to the first antecedent, namely, "the use, ' and so forth, or to the last antecedent, namely, "the power of sinking and driving." Now, I agree that a mere grammatical error, which may, in many cases, amount to nothing more than a verbal error, might signify little; but when we come to consider the construction of the whole of this, we must see whether a sensible construction is given to the sentence, by the contention that this qualification, "in so far as the same can be done," refers to the first, and not to the immediate last antecedent. Now, see how it is: "in so far as the same can be done without incommoding or interrupting the governor and company; " what is the antecedent to " the same?" what is it that is signified by "the same?" It is contended that it means the use of all shafts and waygates; but is it a sensible construction to say that, "in so far as th...


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Product Details
  • ISBN-13: 9781235852336
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 732
  • Spine Width: 37 mm
  • Width: 189 mm
  • ISBN-10: 1235852334
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1284 gr


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The Scots Revised Reports; Cases Reported Only in the Scottish Jurist 1829 to 1865
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