JB/028/107/002

Click Here To Edit

14)

Construction

[that a Statute against frauds if it does not inflict
a penalty is not worth a rush:] that when it acts
as he calls it "upon the offence" by setting aside
the fraudulent transaction, it inflicts (in virtue
of the constant consequence of such a setting-aside)
a penalty, else it would not be worth a rush:
and that is to construe it liberally there, is to construe
it liberally where it inflicts a penalty.

The plain account of the matter is this:
The Penalty of the a Law against (for Laws that operate
by a premium can have nothing to do in such a case) is either what may be termed the ordinary
one, or an extra-ordinary. The ordinary, which
consists in the obligation to restore or make amends,
it as also to pay the costs of the suit brought to
put it in force. The extraordinary which over consists
and above that inflict of some suffering in property or person, over
and above the former: or else some greater suffering
instead of it. When the inflicting of the latter
sort of penalty is the consequence, our Author would
have the Statute construed strictly: when the
former only, liberally and beneficially. Now, what
is strictness in the one case, and what liberality and
beneficence in the other, is what there is little hopes,
I doubt, of our understanding from our Author.
Let us see what is done towards it by the example

Identifier: | JB/028/107/002 "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	107	Info in main headings field	construction
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / b14 / f15 / b16
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	9372
Box Contents