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" In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are... "
The Code of Civil Procedure of the State of New York: Reported Complete by ... - Page 706
by New York (State). - 1850 - 791 pages
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The Code of Civil Procedure of the State of California, Volume 2

California - Civil procedure - 1872 - 698 pages
...the Court is controlled by this Code in the following: "See. 1858. In the construction of a .-tatute or instrument the office of the Judge is simply to...particulars, such a construction is, if possible, to re adopted as will give effect to all." " Sec. 1859. In the construction of a statute, the intention...
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The Code of Civil Procedure: Of the State of California, Part 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...Judge is simply to ascertain ^nd'Jnftmand declare what is in terms or in substance contained ^™rai therein, not to insert what has been omitted, or to...possible, to be adopted as will give effect to all. Thornton- 1859. In the construction of a statute the intention of tba ^on °^ *^e Legislature, and...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 774 pages
...the parties have reference to a different place. NY С. С. Г. § ICIO; Or. CC 1>. 5 683. $ 1858. In the construction of a statute or instrument, the...substance contained therein, not to insert what has been omilted, or to omit what has been inserted ; and where there are several provisions or particulars,...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 986 pages
...cease. [New section, approved March 24, 1874; Amendments 1873-4, 377; took effect July 1, 1874. tained L. Bancroft 11.859. The intention of the legislature or parlies. SEC. 1859. In the construction of a statute the...
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The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - Civil procedure - 1876 - 888 pages
...have reference to a different place. NYCCP 51690; Or. CCP § 68J. Ffcfe Civil Code, § 1646. $ 1858. In the construction of a statute or instrument, the...judge is simply to ascertain and declare what is in terras or in substance contained therein, not to insert what has been omitted, or to omit what has...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1877 - 520 pages
...bears in the place of its execution, unless the parties have reference to a different place. SEC. 612. In the construction of a statute or instrument, the...possible, to be adopted as will give effect to all. SEC. 613. In the construction of a statute, the intention of the legislature, and, in the construction...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1877 - 956 pages
...bears in the place of its execution, unless the parties have reference to a different place. SEC. 612. In the construction of a statute or instrument, the...possible, to be adopted as will give effect to all. SEC. 613. In the construction of a statute, the intention of the legislature, and, in the construction...
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The Code of Civil Procedure of the State of California, Adopted March 11th ...

California, Nathan Newmark - Civil procedure - 1880 - 768 pages
...§ 1858. In the construction of a statute or instrument, 'm'-1 ' ' ? *'le °fflc? °f th° iullge i9 simply to ascertain and declare what is in terms or in substance contained therein, riot to insert what has been omitted, or to omit what lias been inserted; and where there are several...
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The Penal Code of California: Enacted in 1872; as Amended in 1889

California - Criminal law - 1881 - 946 pages
...reference to a different place. Interpretation of contract— lex loci. Civil Code, sec. 16i6. § 1858. In the construction of a statute or instrument, the...possible, to be adopted as will give effect to all. Construction— generally, sec. 1S5!) and notes: declaring what is written, 24 Cal. 539: giving effect...
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - Criminal law - 1881 - 820 pages
...bears in the place of its execution, unless the parties have reference to a different place. 1858. In the construction of a statute or instrument, the...possible, to be adopted as will give effect to all. 1. Rule of Construction. — Penal Code, sec. 3, n. 4, ante. 2. Construction of Codes.— Penal Code,...
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