JB/028/172/003

Click Here To Edit

From what is said in the above paragraph, what it is
This what are of according to our Author the Common
Law does with relation to Acts of Parliament, is
not, I think very easy to apprehend. The Common
Law" he says "has reserved to itself the exposition
of all such acts of Parliament"... This cannot
be true in the natural sense of the words expression. It
cannot be true in the sense in which we should understand
the word reserved, if the thing what was reserved had been
mentioned to be the cognizance of such or such a matter. In that
case, the inferior court ought not to give any Judgement
at all. ⊞ ⊞ If an act of Parliament be made concerning a matter before an one of these inferior courts, The inferior Court must expound
the an act of Parliament the act to pay it obedience. It is
meant I suppose the ultimate or definitive exposition.
But how is the end of this reservation to be after
This I suppose is what he means we should understand
to be reserved, but how is it that the end effect of the
reservation is to be attained by prohibition only.
The End of such reservation is that the to oblige the inferior
Court to execute the Act of Parliament in the
sense which the superior Court puts upon it. But
suppose the an Act of Parliament which has been deemed
pleaded enacted by a Plff by the inferior Court, but been deemed to make
for the Deft. should be deemed by the superior Court
to make for the Plff. How is the opinions exposition of the
superior Court to be enforced by a Prohibition.
The effect purport of a Prohibition is to prohibit, the effect
of it to prevent the Court for whom it supposes addressed prevented from proceeding
any further in hearing the Deft's suit: which being the case,

Identifier: | JB/028/172/003 "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	172	Info in main headings field	common law law roman
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9437
Box Contents