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. 21
But," continues our Author, "if substance both Acts be affirmative,"
(which I take to be precisely the case with
the two last instanced) "and the substance such, that
"both may stand together, here the latter does
"not repeal the former, but they shall both
"have a concurrent efficacy. If by a former Law
"an offence be indictable at the Quarter Sessions,
"and a latter law makes the same offence indictable
"at the Assizes; here the jurisdiction of
"the Sessions is not taken away, but both have a
"concurrent jurisdiction, and the Offender may be
"prosecuted at either; unless the new Statute subjoins
"express negative words, as, that the offence
"shall be indictable at the Assizes, and not elsewhere."
He must surely have possess more than a
Lawyer's ingenuity, to whom [what follows after
"unless" could convey any caution admonition he stood in need
This last admonition
would be of any use
of.] He that would not give heed to a Statute so
speaking, would not give heed to our Author's
rule.
---page break---
NOTE continued.
The particular last are for the mischief of these doubts
in each particular instance, is consolidation. A general
preventive might be administered by a few propositions
laid down by the Legislature.
Identifier: | JB/028/109/001 "JB/" can not be assigned to a declared number type with value 28.
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109 |
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001 |
note continued |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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