The Theory of Legal Duties and Rights: An Introduction to Analytical Jurisprudence

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By authority, J. Ferres, government printer, 1883 - Jurisprudence - 401 pages

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Page 93 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
Page 181 - The general rule, as above stated, seems on principle just. The person whose grass or corn is eaten down by the escaping cattle of his...
Page 51 - If what has been done is legislation, within the general scope of the affirmative words which give the power, and if it violates no express condition or restriction by which that power is limited (in which category would, of course, be included any Act of the imperial Parliament at variance with it), it is not for any court of justice to inquire further or to enlarge constructively those conditions and restrictions.
Page 51 - The Indian Legislature has powers expressly limited by the Act of the Imperial Parliament which created it. and it can, of course, do nothing beyond the limits which circumscribe these powers. But, when acting within those limits, it is not in any sense an agent or delegate of the Imperial Parliament, but has, and was intended to have, plenary powers of legislation, as large, and of the same nature, as those of Parliament itself.
Page 118 - These facts are correctly indicated by the expression tendency. All laws of causation, in consequence of their liability to be counteracted, require to be stated in words affirmative of tendencies only, and not of actual results. In those sciences of causation which have an accurate nomenclature, there are special words which signify a tendency to the particular effect with which the science is conversant ; thus, pressure, in mechanics, is synonymous with tendency to motion, and forces are not reasoned...
Page 43 - Our common law system consists in the applying to new combinations of circumstances those rules of law which we derive from legal principles and judicial precedents; and for the sake of attaining uniformity, consistency, and certainty, we must apply those rules, where they are not plainly unreasonable and inconvenient, to all cases which arise...
Page 181 - ... naturally there), harmless to others so long as it is confined to his own property, but which he knows will be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued; and it seems but just that he should at his peril keep it there, so that no mischief may accrue, or answer for the natural and anticipated consequence. And upon...
Page 132 - In all these cases it may be said, as it was said here, that the master had not authorized the act. It is true he has not authorized the -particular act, but he has put the agent in his place to do that class of acts, and he "must be answerable for the manner in which the agent has conducted himself in doing the business...
Page 131 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 38 - It was once said, — I think in Hobart,1 — that, if an Act of Parliament were to create a man judge in his own case, the Court might disregard it. That dictum, however, stands as a warning, rather than an authority to be followed.

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