The Practice of Poor Removals; As Regulated by the Recent Statutes, 9 & 10 Vict. C. 66 and 11 & 12 Vict. C. 31 - 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. 1849. Excerpt: ... Who Mat Be to the trainers of the statute. The second reason, namely, that Removed. there is a presumption against retrospection-being intended, is founded on misconception, the statute being prospective only; its direct application is only on removal after it has passed; a space of time is an essential ingredient in the case to which it applies, and this space of time may consist, in part, of time passed before the statute, as in the case of the statutes of limitations and prescriptions, but they are not, therefore, passed with a retrospective view. If any presumption is to be derived from the retrospection of the statute in this clause, it affords an argument against the construction in support of which it is produced; for the existing enacting clause, it assumes to have a retrospective operation, which is supposed to be objectionable; the question is, whether the excepting clause should be applied to this portion, and, as far as the exception applies, of course the objectionable operation would be reduced. On this review of the arguments we are led to the conclusion, that the construction secondly mentioned is correct; namely, that the excepting clause may apply to time within the enacting clause, although such time has passed when the statute passed. Reg. v. The same point as to the receipt of relief not being "' a breach of residence was decided in Reg. v. Bedwelty (3 Bit. & Par. New Mag. Cas. 78.) 7th. Or shall be wholly or in part maintained by any rate or subscription raised in a parish in which such person does not reside (not being a bona fide charitable gift.) where there Where there is a wife or children.--It is expressly childrln.0r Provided by the statute 9 & 10 Vict. c. 66, s. 1, amended by 11 & 12 Vict. c. Ill, that "whenever any person sh...