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26)
Construction
may easily in a manner lie tied: either the prospect
of it may not be unnoticed be attended to, or the effect of a repeal
of it may not occur. The whole Statute By and by
it is thought fit to repeal the whole Statute; or
at least some large portion of it in the description
of which this clause is included: either the whole
Act by its title, or a part of it by the means usual description of
"so much of it as relates to" a certain subject. By
this means if our author's and Lord Coke's doctrines
admitted or, all that the clause in question had
seemingly demolished to every ones opinion made an end of is set upon its legs again, and
the legislature is surprized, when by the ingenuity
of some Lawyer who happens to have the discovery
a set of regulations is set up for the Law without
their intending any such thing.
This is the danger from the doctrine therefore is one inconvenient disadvantage I am objecting
to: its being the danger of its being followed by effects which never were in contemplation. A man may amongst in the middle of a large
variety of enacting clauses repeal a repealing clause
without thinking of what it repealed: A man will
hardly go to revive a clause or a statute without
thinking of what he rep revives.
Secondly – The mode method of consolidation has been
happily adopted in a few instances and begins to get in
vogue use. The Law Law relating to one subject is
gathered in of a number of Statutes in which it
lay dispersed and reduced into one: the correspondent facts of this
parts of them Statutes Acts Statutes or parts of Statutes it is
gathered out of are then repealed⊞ ⊞ continued at Inserenda p No
Identifier: | JB/028/110/002 "JB/" can not be assigned to a declared number type with value 28.
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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