JB/028/104/002

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2)

Stat. Law Construction.

up by accident in other places, and no notice taken of it: though
the distinction between which gave birth to it is⊞ ⊞ much more explicitly
much more heard spoken of, than these last and attended with much more
important consequences. We shall pick these up
presently as they lie scattered among the rules of
construction which we come to next.

"The rules", he says, "to be observed with regard
to the construction of Statutes are principally those
which follow". He gives us ten of them.

The first of them it must be confessed is rather long [and arduous multifarious]
for a one rule: but to do our Author no more than justice, it is in itself an useful one, and well
expressed. It is followed by an example, and that
example by a regular proper application: but good as the role is in itself the example
I doubt is calculated to turn it into a pernicious
one.

As to the rule – "There are three points, he says,
"to be consider'd in the construction of all remedial
"Statutes⊞ ⊞ he ight have added, and of declaratory, subjoining a few accommodations.: the old Law, the mischief and the remedy
"that is, how the Common Law stood at the making
"of this act,; what the mischief was, for which the
"Common Law did not provide; and what remedy
"the Parliament math provided to cure this mischief.
"And it is the business of the Judges so to construe
"the Act, as to suppress the mischief and advance
"the remedy". And (He might have added) and of the Jud
subject who is to act in consequence to suppose that the act will be upon occasion so construed
by the Judges, as that the mischief shall be
suppressed and the remedy advanced. These few more words he might have have added
to what he says of this rule for the Construction of Statutes.

Identifier: | JB/028/104/002 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	104	Info in main headings field	construction of statutes
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / b2 / f3 / b4
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9369
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