JB/042/433/001

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1824. July 22
Constitutional Code.

+ 4
Copd
4

Ch. XII. Judiciary collectively
§.17.

Art. 7. 1. Case, suppose that of a contract: the contract, for
example between the Merchant and the Jew of Venice: fabulous, it
will not be less serve for illustration than explanatory than if real. Money lost: on
failure of pay repayment by a certain day, power to Creditor
to cut from the body of debtor a pound of flesh; taken from any
part, at pleasure creditors choice. Regarding this contract as being of the number
of those by the observe observance of which greater evil would be
done than by the breach, the Judge proceeds as
above, offering the power of choice proposing transmitting proposed amendment as per §.16. and proposes and offers for
suspension issuing the those power of decree as per above Art. 3.
. Of those suspension decrees if confirmed
by the Legislature, namely by namely by tacit consent
given to the proposed Judiciary amendment
the proposed amendment, the effect will
as in case 1, be retroactive. But, that in this case the proceeding retroactivity is at
the least not less irreproachable than if, in Case 1: not less than if, by the Judge as according to the fable,
permission to cut the flesh, can offend on no other ground than having in words been granted, were in effect
retracted, by clogging it with a condition impossible to be fulfilled.
flesh the in that permission the permission to draw blood not
to wit the forbearing that of forbearance to shed blood. The cases that Instead
an interpretation was rather as
of fulfilment of the contract this would be disobedience authorizing a breach of it
of the supposed fulfilment for supposing the an act
authorized and commanded by law so is every other act necessary to the performance of it.

☞ To T.C. In place of this transcribe here what is in the marginal.

Art. 8. 3. Case 3 a Conveyance. Under the
of the existing law law as it stands, by transfer made in life time or by testament
a certain disposition is made by an individual of a certain
mass of property. On inspection and consideration of the case it appears to the
Judge that this transfer though warranted by the letter of the
law, is inconsistent with the policy and general design of the
law as manifested in all other instances that have been observed.
Of his own instance or at the instance of this or that on application made by a certain individual,
he proposes an appropriate amendment which by the
Legislature is either adopted or rejected. If by the a retroactive effect given
to the amendment no person as yet born is affected, he may do right
in having such effect to be produced. If on the contrary a person
of an age to experience disappointment from such a change is in
being, he may do right in preventing from being produced the retroactive effect which
by such disappointment would be produced: for supposing the policy pursued
on
on this occasion by the legislation
to be such as is
required by the greatest
happiness principle, still
what may very well be
is — that by a single
so made as above
no sensible evil will be produced: and by the future operation of the law in its amended state, all future evil from the source in question will be prevented.

8
Art. 8. Case 3, that of a Conveyance.
Under the letter of a portion
of the existing law, a
certain disposition is made
of a certain mass of property.
To the Judge it
appears that though warranted
by the letter, the
transfer disposition is inconsistent
with the design of the general
system as evidenced by
the reasons attached to it.
Spontaneously or in consequence
of application he
accordingly as per §.16 proposes amendment
as per §.16. [+]
[+] which in course is either adopted or rejected. But suppose it adopted, it follows not that in this case to give effect to the amendment any suspension as above wd. be acquisite. For in
this case it may be that no retroactive
effect may to the good produced by its amendment: for disappointing the expectation raised by the law as it stands, the general design of the law may
be fulfilled by his amendment.

Identifier: | JB/042/433/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-22	Marginal Summary Numbering	7-8
Box	042	Main Headings	constitutional code
Folio number	433	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	"copd"	ID Number	13356
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