Official Opinions Relating to Questions of School Law (Volume 1) (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.1902 Excerpt: ... four years immediately preceding the expiration of said certificate, and who has taken at least one subject of the teachers' reading circle each year under the regulations prescribed by the State Board of Education, may have said certificate renewed for two years as a primary teacher only." It will be noticed that the renewal shall be for a like term oj five years; the statute makes no express provision for successive renewals, or for more than one. One renewal certainly satisfies the language of the statute. The word "lapse" (used in the proviso to section 144) means "to fall; to fail." (Black's Law Die.) If the proviso, to the effect that the renewed certificate should lapse upon failure to teach for two consecutive years, was intended to meaD that the certificate should not again be renewed, the language was unfortunate, for such meaning cannot be gathered from the definition of the word "lapse," and the context does not, to my mind, enlarge or change the meaning. The office of a proviso is to limit the language, not to extend or enlarge it. End. Int. Stat., p. 354. Similar rules of construction are applicable alike to statutes and contracts, and I think the following supposed contract fairly illustrates the statute: Suppose A entered into a written agreement with B to pay the sum of $500 to B at the expiration of five years. B agreed to renew the agreement or extend payment for a term of five years from the time of payment if A furnished to B satisfactory evidence that he had taught school successfully for twenty-four months during the first five year period. And suppose a proviso were inserted in the contract that if during the second five years of such renewed contract A should fail to teach for a period of two consecutive years the money should fall ...

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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.1902 Excerpt: ... four years immediately preceding the expiration of said certificate, and who has taken at least one subject of the teachers' reading circle each year under the regulations prescribed by the State Board of Education, may have said certificate renewed for two years as a primary teacher only." It will be noticed that the renewal shall be for a like term oj five years; the statute makes no express provision for successive renewals, or for more than one. One renewal certainly satisfies the language of the statute. The word "lapse" (used in the proviso to section 144) means "to fall; to fail." (Black's Law Die.) If the proviso, to the effect that the renewed certificate should lapse upon failure to teach for two consecutive years, was intended to meaD that the certificate should not again be renewed, the language was unfortunate, for such meaning cannot be gathered from the definition of the word "lapse," and the context does not, to my mind, enlarge or change the meaning. The office of a proviso is to limit the language, not to extend or enlarge it. End. Int. Stat., p. 354. Similar rules of construction are applicable alike to statutes and contracts, and I think the following supposed contract fairly illustrates the statute: Suppose A entered into a written agreement with B to pay the sum of $500 to B at the expiration of five years. B agreed to renew the agreement or extend payment for a term of five years from the time of payment if A furnished to B satisfactory evidence that he had taught school successfully for twenty-four months during the first five year period. And suppose a proviso were inserted in the contract that if during the second five years of such renewed contract A should fail to teach for a period of two consecutive years the money should fall ...

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Product Details

General

Imprint

General Books LLC

Country of origin

United States

Release date

February 2012

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

February 2012

Authors

Dimensions

246 x 189 x 1mm (L x W x T)

Format

Paperback - Trade

Pages

18

ISBN-13

978-1-235-80582-0

Barcode

9781235805820

Categories

LSN

1-235-80582-4



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