State Reports Queensland

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Incorporated Council of Law Reporting for the State of Queensland., 1919 - Law reports, digests, etc
Decisions of the Supreme Court of Queensland.

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Page 47 - And in case there be no children nor any legal representatives of them, then one moiety of the said estate to be allotted to the wife of the intestate, the residue of the said estate to be distributed equally to every of the next of kindred of the intestate, who are in equal degree and those who legally represent them. VII. Provided, that there be no representations admitted among collaterals after brothers
Page 140 - This rule is not confined to the conduct of strictly legal tribunals, but is applicable to every tribunal or body of persons invested with authority to adjudicate upon matters involving civil consequences to individuals.
Page 106 - But from the imperfection of language it is impossible to know what that intention is without inquiring further and seeing what the circumstances were with reference to which the words were used, and what was the object appearing from those circumstances which the person using them had in view ; for the meaning of words varies according to the circumstances with respect to which they were used.
Page 106 - Now, the meaning of particular words in Acts of Parliament, as well as other instruments, is to be found not so much in a strict etymological propriety of language, nor even in popular use, as in the subject or occasion, on which they are used, and the object that is intended to be attained.
Page 15 - Devise shall be construed to vest in such Trustee the Fee Simple, or other the whole legal Estate which the Testator had Power to dispose of by Will in such Real Estate, and not an Estate determinable when the Purposes of the Trust shall be satisfied . XXXII.
Page 318 - ... run any horse for any race either in his own name or in that of any other person, and any horse of which he is wholly or partly the owner, or which after the fact of his being warned off has been twice published in the Racing Calendar...
Page 37 - wills, and indeed statutes, and all written instruments, the " grammatical and ordinary sense of the words is to be adhered "to, unless that would lead to some absurdity, or repugnance, " or inconsistency with the rest of the instrument ; in which case " the grammatical and ordinary sense of the words may be modified " so as to avoid that absurdity and inconsistency ; but no farther.
Page 133 - No person shall start a horse for any race, either in his own name or in that of any other person, unless both the owner and namer of such horse shall have paid all former stakes and forfeits.
Page 31 - In all cases the object is to see what is the intention expressed by the words used. But from the imperfection of language it is impossible to know what that intention is without inquiring further...
Page 38 - Hall, that in construing wills, and indeed statutes and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.

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