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Used Ch. XII Judiciary collectively
§.22 Preinterpretative function
§. 19.20.21.22.
3. Preinterpretative function. The interpretative function,
will not plant certainty in any part of the field of law,
without the previous toil of litigation: by the preinterpretative
function that same benefit may be without
being clogged with any of the hitherto inseparable burthen.
In cases to a considerable extent, care will indeed be
requisite to avoid making unjust sacrifice of the interests
of persons not joining in the application, which
the exercise of this function has for its ground. But
against injustice in this shape, the nature of the case
presents safeguards not less effectual than those against
injustice in any other shape: in the system of procedure
grounded on the principles of this Code, two safeguards
find their place of course.
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