 | New Jersey. Supreme Court - Law reports, digests, etc - 1839 - 658 pages
...but it is not in force, and was not, when Cook, (under whom the defendant claims) purchased in 1833. "When an act of Parliament is repealed, it must be considered, except as to transactions passed and closed, as if it had never existed" — 9 Law Lib. Dwarris on Stat. 676. Therefore when... | |
 | Great Britain. Bail Court - Civil procedure - 1837 - 856 pages
...Stir tees v. Ellison (e) ; Lord Tenlerden, CJ, observing " that it has long been established, that, when an act of parliament is repealed, it must be considered (except as to transactions past and (a) 1 W. Black. 451. (c) 4 Bing. 212. (6) Rex y. M'Kcmie, 1 R. & R. (d) 6 Bing. 582. 429. (e) 9 B.... | |
 | Great Britain. Court of King's Bench, Sandford Nevile - Law reports, digests, etc - 1839 - 762 pages
...laid down by Lord Tenterden in Snrtees v. Ellison (a) : " It has been long established, that where an act of parliament is repealed, it must be considered...transactions past and closed) as if it had never existed." On applying that rule to the present case, as the act repeals the statutes rendering such bill void,... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1839 - 728 pages
...laid down by Lord Tenterden in Sitrtees v. E/liaon (a] : '' It has been long established, that where an act of parliament is repealed, it must be considered...transactions past and closed) as if it had never existed." On applying that rule to the present case, as the act repeals the statutes rendering such bill void,... | |
 | Graham Willmore, Great Britain. Court of King's Bench, Frederick Luard Wollaston, Henry Davison - Civil procedure - 1839 - 780 pages
...good bill. In Surtcrs v. Ellison (a), Lord Tenlerden observes, " It has been long established, that when an act of parliament is repealed, it must be considered (except as to transactions passed and closed) as if it had never existed." As, however, the first section, instead of simply repealing... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...a different nature (m). It has been long established, that, when an act of Parlia- Em** of remen t is repealed, it must be considered (except as to transactions past and closed) as if it never had existed (n). And there is a difference to be remarked between temporary statutes and statutes... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1895 - 894 pages
...words. In' Surtees v. Ellison, 9 B. & C. 750-2, Lord Tenderdon said: 'It has been long established, that when an act of parliament is repealed, it must be...transactions past and closed) as if it had never existed." To be properly appreciated, the entire opinion of Justice Gray must be read, together with the numerous... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...for its force, on the former act. § 767. Dwarris expresses the result of the cases in this way : " When an act of parliament is repealed, it must be considered — except as to those transactions passed — closed, as if it never existed."(a) The meaning of the exception is illustrated... | |
 | Ireland. Court of King's Bench - Law reports, digests, etc - 1849 - 678 pages
...acknowledgment by the defendant that the bond was unpaid. When a a statute (says Dwarris, 2nd vol., p. 676) is repealed, it must be considered (except as to transactions past and closed) as if it had never existed; and the authorities fully bear out the position. Such is the view taken by Tindal, CJ, in Key v. Goodwin;... | |
| |
On the other hand, the general rule, supported by the best elementary writers, is, that "when an act of the legislature is repealed, it must be considered, except as to transactions past and closed, as if it never existed. 
