The Present Law of Abuse of Legal Procedure
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98. » [1919] A.C. 368.
* Lord Finlay L.C, Viscount Haldane and Lord Atkinson against the dissent of Lord Shaw of Dunfermline and Lord Phillimore.
INTEREST OF OTHER KINDS 83 the fact that the preambles of mediaeval statutes often employed abusive terms of the wrong which they purported to remedy, it is very unlikely that it occurred to the framers of the statutes against maintenance that interference with legal proceedings, as they understood it, ever could be lawful^. Their object was to preven...t the oppressive baron and the corrupt official from abusing legal procedure. These were not the men likely to assist litigants from motives of charity, or from a desire to benefit the public or anybody except themselves. If the legis- lators, when they spoke of maintenance as "unlawful," meant anything beyond abusive surplusage, they referred to it as "unlawful" because it did not enter their heads that it could be anything else. Such an epithet was a descriptive phrase, not a deliberate statement of a condition of liability, and the argu- ment that the success of the maintained action made the main- tenance a just and righteous act would have struck them as a complete inversion of ideas.
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To quickly assess the difficulty of the text, read a short excerpt:
98. » [1919] A.C. 368.
* Lord Finlay L.C, Viscount Haldane and Lord Atkinson against the dissent of Lord Shaw of Dunfermline and Lord Phillimore.
INTEREST OF OTHER KINDS 83 the fact that the preambles of mediaeval statutes often employed abusive terms of the wrong which they purported to remedy, it is very unlikely that it occurred to the framers of the statutes against maintenance that interference with legal proceedings, as they understood it, ever could be lawful^. Their object was to preven...t the oppressive baron and the corrupt official from abusing legal procedure. These were not the men likely to assist litigants from motives of charity, or from a desire to benefit the public or anybody except themselves. If the legis- lators, when they spoke of maintenance as "unlawful," meant anything beyond abusive surplusage, they referred to it as "unlawful" because it did not enter their heads that it could be anything else. Such an epithet was a descriptive phrase, not a deliberate statement of a condition of liability, and the argu- ment that the success of the maintained action made the main- tenance a just and righteous act would have struck them as a complete inversion of ideas.
What to read after The Present Law of Abuse of Legal Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Winfield, Percy Henry, Sir, 1878-1953 to read onlineMoreLess
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