HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0081 and id is 1 raw text is: Stock, contrA, was stopped by the Court.
Lord Denman C.J. The principle upon which this Court has proceeded in its
recent decisions on objections of this kind has been, that the statement of the settle-
ment must be according to the terms of the Act creating it, and leave nJhing to
inference. When the terms of the Act are not literally followed, the question- must
of course arise, in every case, whether they are or are not substantially followed : and
the solution of this question must often rest on fine-drawn and minute distinctions.
In the present instance, I think the terms of the Act are substantially followed. As
to the first objection, it must, no doubt, appear that the office executed is a public
annual one. But we know the offices of assessor, and collector of land tax, and assessed
taxes, to be such by Acts of Parliament (a)'. As to the second objection, the statement
is that the pauper was duly and legally appointed to the offices which he executed:
this primi facie imports that he served them for himself, and on his own account:
it is unnecessary to negative an inference which [668] is against the obvious sense
of the words. With respect to the words during which years, it appears to me
that in their strict and proper legal sense they mean for the whole of those years;
and that the other meaning, namely, at some time in those years, is colloquial and
incorrect.
Coleridge and Wightman Js. concurred.
Erie J. I think the requisites sufficiently appear by necessary intendment: for
I cannot accede to the doctrine that necessary intendment fairly means an intend-
ment which cannot by possibility be misinterpreted.
Rule of sessions quashed (a)'.
[669] VAN BOVEN'S CASE. Thursday, November 19th, 1846. The Smuggling Act,
8 & 9 Viet. c. 87, s. 2, enacts that any vessels therein described, which shall be
found to have been within certain distances respectively of the coast of the United
Kingdom, &c., having on board tobacco not being in a cask, &c. containing
300 lbs. weight, &c., or any tobacco stalks, or other articles specified, shall be
forfeited. Sect. 4 enacts that nothing in the Act contained shall render any
vessel of 120 tons burden liable to forfeiture on account of any tobacco coming
from certain specified places in packages of certain weights respectively, nor to'
render any vessel of 60 tons burden liable on account of other articles mentioned
in sect. 2, under circumstances which are severally stated in this clause. Sect. 501
enacts that every subject of Her Majesty who shall be found to have been ons
board any vessel liable to forfeiture under this Act for being found to have beeul
within certain distances mentioned in this Act, having on board, or having had
on board, such goods as subject the vessel to forfeiture, and every person not;
being a subject, &e., who shall be found to have been on board any vessel liable
to forfeiture for any of the causes last mentioned within one league of the coast
of the United Kingdom, shall, upon being duly convicted of any of the said
offences before any two justices of the peace, be adjudged by such justices to
be imprisoned, &c. Proviso, that any person proving to the satisfaction of any
justice or justices before whom he may be brought that he was only a passenger,
and had no interest in the vessel or any goods on board, shall be discharged.
Held by Coleridge and Erie Js., Lord Denman C.J., dubitante, that, in a con-
viction, under sect. 50, for being found in a vessel liable to forfeiture under
sect. 2, as having on board prohibited goods, it was unnecessary to negative the
exemptions in sect. 4. Semble, per Lord Denman C.J., that, where a statute
imposes penalties for an act indifferent in its own nature, and which, by the
statute itself, is not an offence if done under circumstances there specified, the
informer must shew it to be criminal, and for that purpose negative the eircum-
land together for the full space of a year, residing in Honley for forty days of such
year ; and they said that at the same time did not mean all the said time.
Hall in support of the order of sessions ; Pashley and Overend contrA.
(a)' See stat. 38 G. 3, c. 5, s. 7, and Rex v. The Commissioners of the Land Tax in
St. Martin in the Fields, 1 T. R. 146. As to the offices of assessor and collector of-
land tax, see stat. 48 G. 3, c. 141, s. 1.
(a)2 Reported by H. Merivale, Esq.
VAN BOVEN S CASE
1430
0 0. B. 669.](ViewImageLocal?handle=hein.slavery/ssactsengr0081&div=1&collection=&method=preview&ext=.png&size=3)