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SECT. Municipal Law. Inserenda.
Cicero – Privilegium
distilling water was a privilegium. I have heard
others make complaints of about this 5000£ from others,
but, except that it was not of it's not being an enough, I never yet
heard of any complaints about of it from Mr
Irvin.
Supreme Power
This is as far from being true in fact, as from being
of use to explain the nature of the thing defined.
⊞ ⊞ Let it be true, and the
Irish, the Minorcans,
the British-Americans, if Ame
British America be among the dependencies
of Great Britain
have no such things
among them as Laws.
The word By-Law had it occurred would have
taught him to correct this part of his definition.
The A By-Law, a Law made by a Corporation in
conformity to the Charter which made it such,
is I suppose a Law to those within the Corporation.
If not what effect or property of a Law is
there that it has not?† † I should be glad to
know any one some effect
or property of a Law
that it has not. But it is not the supreme
power in the State that makes a By-Law. It
allows of it tacitly & passively, but it does not make it. The deliberation,
the will of the supreme Legislative body is
not exercised about the matter.
But were the passage true it would be useless.
What is the supreme power in a State? The power
that is in use to make Laws for all in the any cases & over any persons in the State.
⊞ ⊞ What is it then that we
are the wiser for this passage?
What is it that
it amounts to?
This the first notion of the supreme power, and the
only one that can be given of it. What it says
therefore is just as much as made to this that Law is
a rule of conduct (prescribed by made by those that are in the present
use to make it.
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