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++ 10 Ulto
Ch. XII Judiciary collectively
2 (2 §. 18.19.20.21 §.22. Preinterpretative function
Instructions and Rationale
1 §.19.20.21.22
1. Conflicting Contested interpretation respecting reporting? functions
§.19.2 Eventually emendative function §.20. With
creedence whatsoever skill endeavours to be excluded,
— uncertainties, respecting what, on the occasion
in question, was the design and will of
the legislator will, in every part of the law, be
liable to present themselves: to one man, the passage
in question will present senses more
than one; this is the case of ambiguity to another,
no determinate sense at all; this is the case of abscurity:
as between one man and another, a passage
which presents to both a determinate sense
will present to the one one sense, to the other a
different and repugnant sense. Thus it may be, as
between individual and individual before suit
commenced: thus it may be as between individual
and judge individual after suit commenced:
thus it may be as between individual
and Judge after suit commenced: thus it may
be between Judge & Judge after suit commenced
and terminated: between Judge Immediate and
Judge Appellate on the occasion of the same suit:
between Judge Immediate and Judge Immediate,
or between Judge Appellate and Judge Appellate,
on the occasion of two different suits, in which,
though the times and places at which they have had
place have been different, the import of one and
the same passages in the law has come in
question on these different occasions.
Under
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