In the Court of Error Appeal

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Excerpt from In the Court of Error Appeal: In Re Goodhue, Tovey V. Goodhue, Goodhue and Others V. Tovey and Others, Appeal From the Court of Chancery, Judgments Given on Tuesday, the 16th January, 1872Conceding that the Legislature has the power to commit such a palpable injustice, I cannot be persuaded that the Act in question has done so unless I find such an intent plainly and unequivocally stated, in language so express as to admit of no possible misconception, and no shadow of a doubt.It is always to be presumed that the Legislature, when it entertains an intention, will express it in clear and explicit terms: Gas Co. v. Clarke, 11 C. B., N. S. 827. When an Act of Parliament interferes with, or when the contention is that it interferes with, private rights and private interests, it ought to receive a most strict construction in so far as those rights and interests are concerned, and so clearly is this the established doctrine of the Court, that Lord Justice Sir G. Turner, in Hughes v. Chester and Holyhead Railway Company, 8 Jur. N. S. 221, said that "it is unnecessary to refer to any cases upon the point, and that they might be cited almost without end."In Eton College v. Bishop of Winchester, Lofft. 401, it is said, "The construction of a Private Act is to be governed by the principles of common law, and applied to the subject in a manner analogously to the rules of interpretation of a private deed or conveyance." - The Court knows nothing of the intention of an Act, except from the words in which it is expressed.In Edinburgh and Glasgow Railway Company v. the Magistrates of Linlithgow, 3 Macqueen, II. of L. 704, Lord Truro, C. J., says that a recital, even in an Act of Parliament will not bind those who are not within its enacting part. And our own interpretation Act, Ontario Statute, 31 Viet., ch. 1, sec. 31, enacts that if an Act of the Legislature of Ontario be of the nature of a Private Act, it shall not affect the rights of any persons, such only excepted as are therein mentioned and referred to.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.