Report of Cases Relating to Barbados to Be Found in the English Law Reports and of Certain Cases Argued and Determined in the Local Courts - Softcover

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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.1897 Excerpt: ... 1893. Brewster. v. Clarke there is filth or not accumulated, if the tendency of the practice is to produce the mischief which the law was passed to suppress, that would be sufficient. Per Grove J., The Banbury Sanitary Board v. Page, 51 L.J., M.C. 21. The test is this. Manifestly whatever the respondent might lawfully do every other householder living in the same street might also do; and indeed, every other householder in Bridgetown. And if every householder in Bridgetown was, like the respondent, to buy pigs daily and at all hours of the day and keep them upon his premises for two or three hours'every day, even supposing they were not kept there all day long and during the night, is it not manifest that that is a practice which would lead to numerous accumulations of filth by the keeping of pigs--the very mischief which the Act was passed to suppress? It is laid down that in construing a remedial statute such as is the one under which the present information is brought, it is the duty of the judges "to put such a construction upon the statute as shall suppress the mischief, and advance the remedy--to suppress subtle inventions and evasions for continuing the mischief pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act pro bono publico." I think that the fair and true inference from the evidence all taken together, is that the respondent did keep pigs contrary to the Act, and I have no course left but to reverse the decision of the court below and order the respondent to pay a fine of 10 shillings for each of the five pigs found on his premises on the 9th August. It is no fault of the respondent that this case was taken to the Assistant Court of Appeal and has come before this court, ...

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