When the engine was not leading, the regulator on the engine could be operated by a lever worked by compressed air; when the engine was leading, the control lever could be disconnected, allowing the regulator to be controlled by hand in the ordinary way.
42.
Since the existence of a fixed charge would make it impossible for the company to carry on business in the ordinary way without the consent of the charge holder, it follows that its ability to so without such consent is inconsistent with the fixed nature of the charge.
43.
"To some extent whenever you choose a partner in the ordinary way, you are looking for favorable genetic traits, " said Dr . Piers Benn, a lecturer in medical ethics at Imperial College in London . " It's a question of degree, I think ."
44.
An alternative system employs special long-section token systems; when long section working is to be instituted, all the short section tokens must be in their respective instruments; by switching to the long-section method, tokens for the long section can then be obtained in the ordinary way.
45.
If the dispute of fact cannot properly be determined by " viva voce " evidence under Rule 9, the parties may be sent to trial in the ordinary way ( either on the affidavits as constituting the pleadings, or else with a direction that pleadings be filed ); otherwise the application may be dismissed with costs.
46.
This would run counter to the general principle that an express and unrestricted power cannot in the ordinary way be circumscribed by an implied qualification : see " Nelson v British Broadcasting Corporation " [ 1977 ] IRLR 148 ( where it was sought to imply a restriction of location into a contract which contained an unqualified mobility clause ).
47.
Examining Kuhn's use of the word " solution " more closely, Stove notes that Kuhn sometimes uses it in the ordinary way regarding " practical knowledge ", but at other times in a weaker sense, specific to Kuhn's theory, that a solution is relative to a paradigm, people, place and time.
48.
Dye imbibition was not suitable for printing optical soundtracks, which required very high resolution, so when making prints for sound-on-film systems the " blank " film was a conventional black-and-white film stock on which the soundtrack, as well as frame lines, had been printed in the ordinary way prior to the dye transfer operation.
49.
After a week of frantic effort hiring staff, borrowing a tin shed at the RAAF base at Laverton because Essendon Airport had been turned into mud by heavy rain, creating operations manuals, passenger manifests, tickets, and load sheets even making passenger steps and baggage carts because there was no time to buy them in the ordinary way Captains Hepburn and Nickels took off from Laverton at 5 : 45 am bound for Sydney.
50.
In the ordinary way, of course, rescission is only granted when the parties can be restored to substantially the same position as that in which they were before the contract was made; but, as Lord Blackburn said in " Erlanger v New Sombrero Phosphate Co " : " The practice has always been for a court of equity to give this relief whenever, by the exercise of its powers, it can do what is practically just, though it cannot restore the parties precisely to the state they were in before the contract . " That indeed was what was done in " Cooper v Phibbs ".
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