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is nothing else that does.
This then is his enlarging statute, which comes
in "where the Common Law was too narrow and
circumscribed". The law inhibiting preventing corporations
from letting out long leases is his restraining
me; which come in "when the common Law is so
lax and luxuriant". The This laxity
and luxuriance of the common law, in that possible we are to observe,
consisted in saying nothing. By the Common Law as it stood originally Corporations
besides when they had leads, might let them
out for as long as they pleased, like other
people; there being not a syllable to bend —
then so luxuriant was the Law: then
it was came this statute diminished the luxuriance of the law, by making more of it, I I retrained
them to a term.
One thing our Author seems never to have
considered, which however there could have
no harm in his considering; and that is, what
it is a statute should enlarging to on and on
to be an enlarging statute, to restraint in
order to be a restraining one. Whether men's
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comment on the commentaries |
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of the statute-law the kinds of statutes - enlarging and restraining |
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jeremy bentham |
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