JB/028/108/004

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20)

Construction

subsequent general Statute, excepting only Scotland
forbids it for a debt under 10£. It was holden considered holden
that this last provision does not supersede the
former one and that 20£ is still the least Sum
that Bail can be required for. No reasoning
is given.

Anticlimaxes of this kind, specifications of a
less quantity [of the same thing]for any purpose
after a greater, are so abundantfrequent, the method
of consolidation is so little cultivated much neglected, and that
of accumulation so rampant generally pursued, that I know not
what work our author's doctrine would make in the Statute
Book if universally applied.

NOTE

There are instances of Statutes where out of apprehension
of this sort of doctrine
The effect of these ingenious subtitles is that Legislators
know not how to act. In the instance
of Penalties, they have sometimes thought that the
addition appointment of a greater lesser supersedes a greater, sometimes
that the appointment of a greater supersedes a lesser,
sometimes that both may be inflicted one after another on the same offender
for the same offence. They have made provision
accordingly. Examples of all this may be found under
the head of Deer Stealing. The plain and reasonable
notion seems to be to give the prosecutor his option.
This is the way to avoid inferences, and to give the whole mass of Law together
the maximum of its effect. 'Tis the mode adopted by 29 Geo. 2 c. 56 §9 as with respect to the district to be resorted to in a case there
specified for damages: the Parish or the including Hundred.

Identifier: | JB/028/108/004 "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	004	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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