JB/042/462/001

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1824. July 17 +
Constitutional Code

1o
IV
Ch. XII Judiciary collectively
(8 §.16. Sistitive
§. 17 Emendatory
§. 18 Preinterpretative

18
Art. 18. Preinterpretative
This may be the name
of the function exercised
in a certain case where
by an individual application is made to
have to exercise his
eventually emendative
function.

Emendation includes
both matter and form
preinterpretation confines
the change to form, for
addition is change.

If the it be by When it is by an individual at
large that the alledged imperfection evil in the law is brought to the view of the
Judge a function by which in the exercise of which a remedy
may in a certain case be applied by the Judge may be stiled
the interpreta preinterpretative. Interpretative is the name of a function
which in so far as the law come sin question, the Judge
in the performance of his duty throughout the suit and in particular
by the decree by which he gives termination to it
can not fail to exercise. Interpretation of the law in the genuine
original and genuine sense of the word is — declaring what
in the opinion of the interpreter was the will
which on the occasion in question it was the desire of the
legislature should be executed and receive be productive of the effect arrived
at by it: [interpretation, in a sense in which it has been too
commonly employed by Judges is an operation of a very different
character which will be come for explanation presently.]

19
Art. 19. Interpretation in
its proper sense means
public assigning giving to the words
the same effect meant
by the Legislature to be
given to them in an abusive
but customary sense
assigning a different one
substituted by a Judge

☞Needless this: because emendation at large saves contravention

When as well as preinterpretation doneat the termination of a suit, a decree having for its
object the giving execution and effect to the will expressed by the
Legislature has been assured, the will of the Legislature has
already in some way or other intentionally or unintentionally
knowingly or unknowingly been contravened: if contravened by the defendant
if in so far as the decree has been in favour of the pursuer,
by the defendant; namely in not having bee rendered without
such that service which of by the suit he has called upon and by the decree obliged
to render: if contravened, by the pursuer in so far as
the decree has been rendered in favour of the defendant: contravened,
by imposing upon the defendant an undue burthen in
the shape of vexation and expence a burthen which the decree by the opinater
has been pronounced undue.

But if no

Identifier: | JB/042/462/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-17	Marginal Summary Numbering	18-19
Box	042	Main Headings	constitutional code
Folio number	462	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e8
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13385
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