JB/042/464/001

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1824 July 17
Constitutional Code

+ B IV
Ch. XII Judiciary collectively
10 §.19. 20. 21. 22
§.16. Sistitive
§. 17 Emendatory
§. 18 Preinterpretative
Preinterpretation

Supposed Superseded 1827 Feb. 5

19 22
Art. 22. Seat of the
imperfection, the
modes of imperfection
no to the Evil effect on the
part mind of the reader
1. Non-conception
2. Misconception
3. Each Misconception joined
with their right conception
4. Confused conception

In so far as it proves ill adapted it is so either
by prescribing a sense an import/no other sense than one/a wrong in which was altogether different from that which was
present to the mind to the understanding conception and will of the Legislature
or by presenting that some such wrong sense in company
with the right one, in such sort that which was his is matter of doubt is by not presenting any determinate sense at all.
In the first case, utter inappositeness is the imperfection vice it labours under in the second,
ambiguity, in the third and last obscurity: in the second
and third want of clearness

23
Art. 23 Causes of these
effects on the part of the
discourse each to any
party considered separate
1. Inappositeness produces
misconception pure
2. Ambiguity — produces
hesitation between right
and wrong import of it
3. Obscurity producing
non conception
4. Redundancy producing
useless labour
with any one or more
of the 3 above effects
5. Deficiency produced
by 3 above effects

Such as above being the modifications of which the effect result is susceptible,
the words being regarded as the instruments or causes of the
evil, such as inappositeness, redundance, deficiency, or
miscollocation may have been the those causes: inappositeness as when also
the words employed to convey the meaning in question the convey not that
meaning but of a very different one or as in the case of obscurity no
meaning at all: redundancy when, though by some/a part of them the intended meaning might have been
conveyed yet that in consequence of the
multitude of the words employed either a wrong meaning or no
determinate meaning at all is conveyed and the misconception
or non-conception is liable to be produced, deficiency
where though by the words as far as they go, a right
mean conception is produced, yet for want of sense which
might with advantage have been and be added
ambiguity or obscurity is liable to have place in the tenor
of the law, and doubt misconception in the mind of the reader, miscollocation
where by the wrong placing of some word or
string series of words, birth is given to misconception or doubt is produced which
had the by these same words, had they been properly placed would not have
been produced. (a)

24
Art. 24. In divers
parties considered together
1. of some
parties which should
have been
2. Evil effects on the reader
misconception or non conception
Secrets of the
practice which ought not
to have the
effect, misconception
3. Miscollocation. Evil
effect or
Misconception. ob
or doubt.
4. Entanglement.

24(a)
(a) Example of Miscollocation.
Parliaments over
a year or oftener of use
be

(a) In modern style r in English language at any rate, miscollocation
is a view an imperfection more frequently exemplified than perhaps
any other. In general the effect is but no more than temporary and indeed momentary.
the being an misconception or doubt being removed by the context: But one
of a the law imports being too plainly absurd to be regarded on reflection as intended
It is not as capable however of remaining permanent and incorrigible. A case which
probably never was nor ever will be equalled by any other in respect of the importance
of
the consequence derived from
an imperfection of this sort
is that of an English Statute
belonging to the constitutional
branch of the field of law
Parliament shall be held over
a year or oftener if need be instead of saying once a year or if need be oftener: in this case, whether it now in lawyercraft or inadvertence, in moral or inaptitude, that
the
miscollocation had its root
must be left to conjecture.

Identifier: | JB/042/464/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-17	Marginal Summary Numbering	22-24, 24a
Box	042	Main Headings	constitutional code
Folio number	464	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e10
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"supposed superseded 1827 feb. 5" [note in bentham's hand]]]	ID Number	13387
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