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1
Construction of Stat. Law. Statutes.
If so not to distress him too much, I will
take but one other instead of a thousand I might
take, besides those he has instanced, and that the
first that happens [to come across me] and I will bet him
to inform us whether the Act for turning Law
proceedings into English be an enlarging Statute
or a restraining one? Whether the Common Law before
that act passed was too narrow and circumscribed, or whether it was too lax and luxuriant?⊞ ⊞ ... and unsignificant To judge from his examples, his rule
for distinguishing determining whether a Statute shall be an enlarging or a restraining one seems to be not a
whit less precise than this: that where be a
man can see any thing that is can be said to be enlarged by a
Statute, it is an enlarging one: where any thing
that is can be restrained a restraining one. But should
it happen that nothing can readily be found for it
to enlarge or to restrain, or that by the same operation
whereby it enlarges one thing, it restrains
another, I fear our Author's ingenuity would be a
little puzzled. I am apt to think, our Author he would
would have done with not amiss either to have enlarged his comprehension
conceptions on of this subject, or to have restrained
himself from writing upon it.
Such are the kinds of Statutes according to our
Author: [not to mention] to say nothing of an odd kind or two which starts
Identifier: | JB/028/104/001 "JB/" can not be assigned to a declared number type with value 28.
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construction of statutes |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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