JB/028/108/003

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19)

Construction

When I see a doctrine confirmed established by any express
decision, or even by an opinion of any writer
whose opinions men are accustomed to take for Law,
I am very unwilling to alleg allege the inexpediency
or unreasonableness of it as a ground
for it's being rejected: Tis very rarely therefore
that I should think of contending with our
Author concerning what is Law. My judgment
in such case goes no further than to
suggest what if the matter were to be settled
anew by competent authority, ought to be made
Law. But for once in the case of on hand, I believe,
the ground of this scruple does not hold.

The warrant vouched by our Author is the mere
opinion not pretended to be founded on any decision,
of a Judge and Reporter, whose authority
even when confining himself to the province of reporter, is
generally I believe, deemed but feeble. And there
is a case in point or something very like it
in a modern reporter of high authority, in favour
of my notion. It is in Strange p.402. My wonder is how our Author
came to have overlooked it. No reasons are given The case in short is
however but the noted resolution.
this. A preceding Statute confined to Wales, forbids
Bail to be required in Wales upon an action commenced
in Westminster Hall for a debt under £20. A

Identifier: | JB/028/108/003 "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	108	Info in main headings field	construction of statutes
Image	003	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f17 / b18 / f19 / b20
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	9373
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