Modern Decisions on Ritual and Kindred Subjects (Volume 2) (Paperback)

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. 1894. Excerpt: ... usage? We answer by quoting the words of Lord Campbell:1 "Were the language.... obscure instead of being clear, we should not be justified in differing from the construction put upon it by contemporaneous and long-continued usage. There would be no safety for property or liberty, if it could successfully be contended that all lawyers and statesmen have been mistaken for centuries as to the true meaning of an old Act of Parliament: "3 or of Chief Baron Pollock:3 "The rule 'contemporanea expositio est optima et fortissima in lege' amounts to no more than this, that if the Act be susceptible of the interpretation which has been put upon it by long usage, the Courts will not disturb that construction: " or of Dr. Lushington in Westerton v. Liddell:4 "Usage for a long series of years, in ecclesiastical customs especially, is entitled to the greatest respect; it has every presumption in its favour; but it cannot contravene or prevail against positive law, though, where doubt exists, it might turn the balance."6 The Prayer Book of 1549 contains no direction as to 1 Oorham v. Bishop of Exeter, 15 Queen's Bench Reports, at p. 73. 2 It seems strange to quote a dictum recommending the unanimous opinion oi lawyers and statesmen as a safe guide to the construction of old statutes in support of a construction of documents of ecclesiastical law which Burn, Gibson, and Stephens have expressly disapproved. 3 Pochin v. Buncombe, 1 Hurlst. & Norm, at p. 856. Moore's Report, at p. 79. 6 As to this question of "contemporanea expositio," it may be remarked: (1) that such exposition can only be resorted to when the language of the enactment is ambiguous; (2) that it may be doubted whether the principle has ever before been used to impose for the first time penalties upon those w...