 | 1904 - 828 Seiten
...be reasonably, ami not unreasonably, understood and applied, and whatever may fairly be regarded us incidental to, or consequential upon, those things which the Legislature has authorized, oughj not, unless expressly prohibited, to be held, by judicial construction, to be ultra vires." Many... | |
 | Francis Beaufort Palmer - 1905 - 724 Seiten
...may fairly be regarded as incidental to, or consequential upon, the specified objects of a company ought not, unless expressly prohibited, to be held by judicial construction to be ultra vires. Per Lord Selborne, Alt. -Gen. v. GE Rail. Co., 5 App. Gas. 473. The result may be summed up thus :... | |
 | 1906 - 746 Seiten
...deck for whatever use a supply of water might be required in the working of the dock undertaking. For whatever may fairly be regarded as incidental to or...authorized ought not, unless expressly prohibited, to be ultra vires. Moreover, any mode of enjoying a company's own land is impliedly permitted if it be not... | |
 | Australia. High Court - 1906 - 956 Seiten
...LR 7 HL, 653. that whatever may fairly be regarded as incidental to, or conse- H. c- OF A. quential upon, those things which the legislature has authorized,...(unless expressly prohibited) to be held, by judicial DOWN construction, to be ultra vires." Lord Blackburn dealing with the ATTORNEY same case of The Ashbury... | |
 | 1907 - 1436 Seiten
...decision, said : " This doctrine ought to be reasonably, and not unreasonably, understood and applied, and whatever may fairly be regarded as incidental to or...consequential upon those things which the Legislature has authorised, ought not (unless expressly prohibited) to be held, by judicial construction, to be ultra... | |
 | Great Britain. Board of Trade - 1909 - 184 Seiten
...Whatever is fairly incidental to or consequential upon those things which the legislature has authorised, ought not (unless expressly prohibited) to be held by judicial construction to be ultra vires." (A.-G. v. GE Rly. Co., 5 App. Ca. 473.) Agreements, therefore, in reference to all objects reasonably... | |
 | James Brooks Dill - 1911 - 860 Seiten
...Ry., &c., Co., 49 NJ Eq., 217; Rabe v. Dunlap, 51 NJ Eq., 40. Whatever may be fairly and reasonably regarded as incidental to, or consequential upon,...be held by judicial construction to be ultra vires. Att 'y-General v. Great Eastern Ry. Co., 5 App. Cas. (Eng.), 473; Ellerman v. Chicago Junction Ry.... | |
 | 1916 - 1090 Seiten
...vires." What, therefore, I have to determine is whether what the railway company are doing in this case may fairly be regarded as incidental to or consequential...those things which the legislature has authorized; namely, the construction and use of their railway. It is admitted on both sides that the question whether... | |
 | Francis Beaufort Palmer - 1911 - 834 Seiten
...which the legislature had authorized (that is, those things specified in the memorandum as objects) ought not, unless expressly prohibited, to be held by judicial construction to be ultra vires. Lastly, in London County Council v. Att.-Gen., Lord Halsbury, LC, referring to Ashbury Railway Carriaye... | |
 | 1912 - 1324 Seiten
...ought to be reasonably, and not unreasonably, understood and applied, and that whatever may be fairly regarded as incidental to, or consequential upon,...held, by Judicial construction, to be ultra vires.' In the application of the doctrine the court must be influenced somewhat by the special circumstances... | |
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This doctrine ought to be reasonably, and not unreasonably, understood and applied, and that whatever may fairly be regarded as incidental to, or consequential upon, those things which the legislature has authorized, ought not, unless expressly prohibited,... 
