What is the rule of construction in construction and what is the effect of the penalty?
Saskatchewan, Canada
The following excerpt is from Waldron v. Rur. Mun. of Elfros No. 307, 1923 CanLII 162 (SK CA):
Counsel for the defendants pressed strongly upon us the rule of construction expressed in the headnote in Victorian Daylesford Syndicate v. Dott [1905] 2 Ch. 624, 74 L.J. Ch. 673: Where by a statute a penalty is imposed—not solely for protection of the revenue, but solely or partly for that of the public—for doing or omitting any act, such act or omission is impliedly prohibited by the statute, and is illegal.
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