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9363 results in The Cambridge Law Journal

Page 416 of 469

  • The Interpretation of Statutes

  • Maurice Sheldon Amos
  • Journal:
    The Cambridge Law Journal / Volume 5 / Issue 2 / July 1934
    Published online by Cambridge University Press:
    16 January 2009, pp. 163-175
    Print publication:
    July 1934

  • Section 21 of the Matrimonial Causes Act, 1857, provides that a wife deserted by her husband may apply to a metropolitan police magistrate for an order for the protection of her earnings; and the statute further provides that it shall be lawful for the husband and for his creditors to apply to the magistrate who made the order for the discharge thereof. A Mrs. Sharpe obtained such an order, and in 1864 her husband wished to apply for its discharge. He discovered that the magistrate who had made the order was dead; and the question what was now his proper course of action came before a bench composed of Cockburn C.J., Blackburn and Shee JJ., who decided unanimously that this was a casus omissus, and that it was not competent for the husband to apply to some other metropolitan magistrate who might present the advantage of being alive. Forthwith, and in the same year, there was passed the Matrimonial Causes Act, 1864, which consists of one section only, and which provides that ‘if the said magistrate shall have died or been removed or have become incapable of acting, then in every such case the husband... may apply to the magistrate for the time being acting as the successor or in the place of the magistrate who made the order.

  • The Doctrine of Unjustified Enrichment

  • H. C. Gutteridge, R. J. A. David
  • Journal:
    The Cambridge Law Journal / Volume 5 / Issue 2 / July 1934
    Published online by Cambridge University Press:
    16 January 2009, p. 204
    Print publication:
    July 1934

  • The origin and growth in continental law of the doctrine of unjustified enrichment is not merely an object lesson of the greatest importance to comparative lawyers. It is also of peculiar interest to English lawyers because it affords an admirable illustration of the working of the system of precedent in the continental countries. Moreover, it furnishes abundant proof—if any be needed—of the fact that an elaborate system of rules based on judicial precedent can, and does, exist side by side with the provisions of codes which in their inception were designed to prevent case law from coming into existence.

  • Editorial Board

  • Journal:
    The Cambridge Law Journal / Volume 5 / Issue 2 / July 1934
    Published online by Cambridge University Press:
    16 January 2009, p. 249
    Print publication:
    July 1934
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Page 416 of 469