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They make the King of France strain hard to say that
he will have things in such a way as he is going to tell
them but when it's once said, there is an end of it.
With our Legislators the general pangs come on afresh —
every minute.
Thus is the formulary usually met with the Legislative
Instruments of France.
"Louis by the Grace of God to all present & to come greeting
"& [then follows sometimes a preambulatory recital] We
"give to understand, that we for these causes and others as
"thereunto moving, of our own proper motion full power and
"royal authority have said established & ordered so say
"establish & order by these presents signed with our hand
"we will & it so pleaseth us".Ordonnance de Louis 14 pour les matieres criminelles d' l'ar 1670 Paris This is when it is an Edict
when it is a Declaration it is "Declare" instead of "establish"
There seems to be about as much real natural distinction between
Declaration and an Edict, as there is between an original —
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1760 24.p.176
clause in our Acts of Parliament and a Proviso.
A General non obstante is nugatory, as being implied
in the very circumstance of enactment: a non obstante
clause to a particular Statute certain creating a general rule to
which in the Statute in question it is meant to create
an exception may be proper to be required, as a testimony
that the Statute referred to had been in contemplation.
By 29th Ed c-5 after 19 Sections By the 19th of which a temporary continuance is given to the several Statutes mentioned in that and the 18th preceding except to the 2 first which are perpetuated. whereby continuance is
is given to Statutes therein mentioned There comes a 20th by
itself to continue so much as was then in force of an Act
entitled An Act touching certain Polite constitutions
[as they were then thought] for the maintenance of the Navy
[Immediately after this comes a 21st in these words
"Provided allways that whereas &."] The Act then goes on
& in the next Section dispenses with the personal appearance
of in penal Suits.
COMPOS. Stat. Singly quâ Statute. Enactment Formulary of French BR Non-obsturies — Enacting X Proviso
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This is intitled an Act for the continuance & perfecting of
divers Statutes. None of the other Sections have any other —
affect than that of simply perpetuating or continuing, & in that
which may be thought to do somewhat towards, "perfecting"
there is no mention in particular made of any Statutes.
There is 2a. as to this Fact! a Rule in the H: of Commons that no original
clause of a Bill can be inserted in a partial committee:
there is another rule that a Proviso may: as the distinction
between an original clause & a Proviso has not been nor can —
well be settled, hence it is that as by the former of these—
Rules nothing so by the latter any thing may be inserted
there.
There was a certain Jew who had a tender affection for—
Westphalia Hams: under the name of Hams he abhorred
them as a true Jew ought: but he called them Stock-fish,
& with the said Stockfish did he fill his Belly.
Hence it is that so many a clause is seen [elbowing] in the this form
shape of an adversary appendage forced into a connection with a
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associate to which it is an utter stranger.
This in the Turnpike Act 7 G.3.40 by §43. Mortgages of Tolls
are to be accountable, yet but for all this [by §44.] when a
toll-gatherer dies, another may be appointed in his room.
If both these Rules were to be abolished together, things would
be just as they are now that both subsist: with this difference
that one source of continual absurdity would be stopped.
What is a Proviso? a clause that begins with Provided,
make then a Clause to begin with provided, & it is a proviso:
now an clause may be made to begin with "provided" &
therefore any clause may be inserted.
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[[info_in_main_headings_field::compos. stat. singly - qua statute. enactment - formulary of french non-obscurities [?] - enacting & proviso]] |
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