The New South Wales Law Reports, 1880-1900, 第 20 卷



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第 11 頁 - I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view.
第 323 頁 - Wherever, to hold the rule applicable would occasion very great inconvenience, *or tend to defeat the very object for which the corporation was created, the exception has prevailed: hence, the retainer by parol VOL.
第 16 頁 - THAT no person offered as a Witness shall hereafter be excluded by reason of incapacity from crime or interest from giving evidence...
第 224 頁 - There is no doubt that the public acts of a public man may lawfully be made the subject of fair comment or criticism, not only by the press but by all members of the public. But the distinction cannot be too clearly borne in mind between comment or criticism, and allegations of fact, such as that disgraceful acts have been committed or discreditable language used. It...
第 82 頁 - There is no doubt that if a man furtively, and in bad faith, robs his neighbor of his property, and because it is underground is probably for some little time not detected, the court of equity in this country will struggle, or I would rather say, will assert its authority to punish the fraud by fixing the person with the value of the whole of the property which he has so furtively taken, and making him no allowance in respect of what he has so done, as would have been justly made to him if the parties...
第 17 頁 - ... every person so offered may and shall be admitted to give evidence on oath or solemn affirmation in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question, or injury, or of the suit, action, or proceeding in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of any crime...
第 159 頁 - I conceive that if a man, having no knowledge whatever on the subject, takes upon himself to represent a certain state of facts to exist, he does so at his peril; and if it be done either with a view to secure some benefit to himself, or to deceive a third person, he is in law guilty of a fraud, for he takes upon himself to warrant his own belief of the truth of that which he so asserts.
第 291 頁 - I apprehend that it never can be proper to resort to any usage or custom to control or vary the positive stipulations in a written contract and a fortiori not in order to contradict them. An express contract of the parties is always admissible to supersede or vary or control a usage or custom : for the latter may always be waived at the will of the parties.
第 158 頁 - But if it were so it would make no difference, because if a man purposely avoids answering a question, and thereby does not state a fact which it is his duty to communicate, that is concealment. Concealment properly so called means non-disclosure of a fact which it is a man's duty to disclose, and it was his duty to disclose the fact if it was a material fact.
第 390 頁 - The declaration then alleges that the defendant falsely and maliciously printed and published of and concerning the plaintiff in relation to his said business, and the said process, the words complained of.