JB/028/106/004

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12)

Construction

whether the occasion for most of our Author's rules
be founded on the unalterable nature of things, or
in remediable abuses: and whether the complaints
that now and then are heard of the condition composition of our
Laws, are merely clamour.

I have thought somewhat on the subject, and
scruple not to confess a persuasion, acknowledge this persuasion: that a decent
attention, together with an adherence to
the common modes of phraseology and not the
technical, might reduce the whole compass of
the Statute Law a proportion not very much inferior
of the Common Law in an a proportion ten or twenty
times as great.

☞ Take notice of the unproduced distinction between Penal
and Remedial.

The fourth and next rule is, that "Statutes against Frauds
"are to be liberally and beneficially expounded". As
if it other sorts of Statutes were to be expounded
illiberally and unbeneficially". We shall see presently with
what our Author's notion is of liberality of
construction. Meantime in order for us to know what it
is we are thus liberally and beneficially to expound,
it would not have been amiss had he given us
a definition of the word fraud. For the meaning, I

Identifier: | JB/028/106/004 "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	106	Info in main headings field	construction
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	9371
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