JB/028/102/004

Click Here To Edit

12

Stat. Law. Kinds of Statutes

Thus simply does his example tally with the Thus much for the example: thus aptly does it follow well his description serve to illustrate the distinction and for the distinction itself: the particular species of Stat. which it is thought proper to give the distinguish by this name, let us wish to hear as little of it as possible. The pretence of it is seldom true, and the main design of it is often to signalize the triumph of a party: [by loading an obnoxious person with the odium of having omitted In acted or argued against subsisting Law; when the true reason of that made that in question necessary was that there was none before.] not content with tying up the lands of the adversaries from fresh future transgression; without censuring them from as for past. For the most part it is a kind of mark made to cover the ugly features of an ex post facto Law.

"Remedial Laws Statutes, he goes on, "are those what are
"made to supply the such defects, and abridge such superfluities, in the Common Law, as arise either from the
"from the general imperfection of all human Laws,
"from change of time and circumstances, from the
"mistakes and unadvised determinations of unharmed
"Judges, or from any other cause whatsoever. And
"this being done, either by enlarging the Common Law
"where it was too narrow and circumscribed, or by
"restraining it where it was too lax and luxuriant,
"this has occasioned another subordinate division of
"remedial acts of Parliament into enlarging and
restraining Statutes. To instance again in the case
"of Treason. Chipping the current money coin of the Kingdom
"was an offence not sufficiently guarded against by
"the Common Law: therefore it was thought expedient
"by Stat. 5 Eliz. c.11 to make it High Treason, which
"it was not at the Common Law: so that this was
"an enlarging Statute. At Common Law also spiritual
"persons corporations might lease out their estates for any term
"of years, till prevented by the Statute 13 Eliz. before
mentioned, this was therefore a restraining Statute".

Identifier: | JB/028/102/004 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	102	Info in main headings field	stat. law king's statutes
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / b10 / f11 / b12
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9367
Box Contents