JB/028/109/004

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24)

Construction

that when a former Statute has been repealed by
a clause in a succeeding one, there is an end of
it: and that the will of the Legislator will not
have had its effect, if it remains a Statute any
longer. When the repealing one has destroy'd the
one that is to be repealed it has done its office:
and it is no matter what becomes of it afterwards
is no matter out of the question. When men's intention is only to
suspend an act, they say so. If we could suppose a clause of
repeal to stand absolutely by itself, if it to be at that the whole of
what a Statute consists of⊞ ⊞ and then another Statute to come & repeal this: of if among many clauses in a Statute one is a mere repealing clause, and another statute comes and repeals that clause by specially naming or describing it: then indeed the case
would be different. Repealing this Repealing Statute
must then indeed be supposed construed to be review the first; not
because the next natural effect of such a repeal Statute destroying a destroying Statute is to bring the first⊞
to life again, but because the Legislature awkwardly
and circuitously as they would in such case
have gone to work must be supposed to mean to do something
and in this case supposed, there being nothing by this supposition but the 1st
repealing clause for the 2d to work upon, it must
mean to work upon that or else mean nothing. Where
such is the meaning, to say that such a Statute
shall be revived, is a way full as short and intelligible
as, and much more natural than, to say
that such a Statute which repealed it shall
be repealed. In such case as the only all that can be supposed

Identifier: | JB/028/109/004 "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	109	Info in main headings field	construction
Image	004	Titles	note continued
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f21 / b22 / f23 / b24
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	9374
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