1886 (3) TMI 1

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed to dissent from their decision. Arthur Wilson, J. 3. The words with which we have to deal are these: Nothing herein contained shall be deemed to affect any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability. I am unable to agree with my learned colleagues in thinking that there is anything clear about this language. To me it appears so vague and indefinite that I cannot pretend to put any construction upon it with confidence. But on the whole I agree in the conclusion arrived at, and mainly for the following reasons. It is a general rule in construing Statutes that in matters of substantive right they are not to be so read as to .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ef in respect of such right or liability, the Regulation still applies, and the procedure provided by it must be followed. On the other hand, if such right, liability or relief be not affected, the Transfer of Property Act applies. The question in this case depends upon the construction to be placed upon the terms of the second section of the Transfer of Property Act. After repealing, amongst other enactments, Regulation XVII of 1806, it runs as follows: But nothing herein contained shall be deemed to affect- (a) The provisions of any enactment not hereby expressly repealed: (b) Any terms or incidents of any contract or constitution of property which are consistent with the provisions of this Act, and are allowed by the law for the t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ency of the suit. 12. There is in reality no comparison between the time during which the mortgagor can redeem under the provisions of the Regulation and that given to him by the Act. 13. In my opinion the provisions both of the Regulation and of the Act are provisions of procedure. The question is whether the provisions of the Regulation are saved by the Act? This question depends entirely upon the construction to be placed upon the words right, liability, and relief in the second section of the Transfer of Property Act, and it is necessary to ascertain what, in strictness of language, is the right of the mortgagor--what is his liability, and what is the relief in respect of such right or liability. 14. The right of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X