★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
NOTORIETY H. Podge Revival by implication.
COMPOSITION with a view to Notoriety.
Another inconvenience of attending Hodge-Podge Acts is, that
if part of one repeals a Law and afterwards
the and little by little every other clause comes
to have been repealed, by description, when it
comes to the last clause the whole Act shall
perhaps be repealed by name; such repealing
clause being looked upon as having spent itself perhaps passing unobserved: this without
design such repealed clause the act which it repealed becomes
revived. If this be unattended to, here is a mischief
incurred; if it be attended to & provided
for, here is still, tho' not chargeable particularly
on Acts of this denomination, a mischief incurred
the mischief of taking a great many words to
say that which [better] might be said in few.
[+] [+] This+ + +tho in strictness it cannot hardly be contested hardly a clause it cannot effect is f so far obvious is so far from being obvious
Men are so little guarded aware of for against an effect of
this, that it should seem a declaratory Statute
purporting that no Act shall be consider'd as
revised + + i continued or discontinued without express words, would do good
service.
---page break---
A consolidating Act is made upon a certain topic,
which act repeals all former ones: by & by
comes it is thought proper to make alterations, & for
the purpose of preserving unity as before, a new
one Law upon the cause consolidatory plan is made into which these alterations are
introduced: the former is repealed: it is not
every one who is aware that by a kind of
legal Juggle these old ones with whom he thought
it was over long ago, are now set upon their
legs again: it is necessary once more to give
them their coup de grace.
This doctrine, consider'd even as a deduction from already established principles, is not ought of the reach of all exception If an Act suspended others, to repeal it would doubtless be to establish them — but when it repeals, it's effect, it may be said, is spent & accomplished over in the instant: There is no licubus statutorum or middle state between existence & non-existence: it was annihilated; & being annihilated, it exists not
The case that I suppose has been once realized
in the instance of the Gunpowder Act. In the 11th
of G. 3. a Consolidatory Act was framed upon this
topic — in the next year 12th a new one was being made
& the old one former was repealed: it is true the requisite precaution
was then taken by the well instructed penner of
the latter, to prevent the old ones from starting: keep the old ones in non-existence but
attention like this is not to be expected by many every one of
the motley herd who take upon themselves this important
office
---page break---
NOTORIETY Hodge Podge. 3 & 16. Car. 1. 2
"And be it enacted, that all Acts of Parliament made which"
"have their continuance, or were by an Act of Parliament"
"in the third Year made in the third Year of the Reign"
"of his Majesty that now is, intiteled, "An Act"
"for the Continuance and Repeal of Divers Statutes"
"continued unto the end of the first Session of the"
"then next Parliament, shall by virtue of this"
"Act be adjudged ever since the Session of Parliament"
"in the said third Year, to have been of such"
"force & effect as the same were the last day of"
"that Session, & from thenceforth until some other"
"Act of Parliament be made touching the continuance"
"or discontinuance of the said Statute"
"and Acts in the said Act of the third year of"
"his Majesty's reign continued as aforesaid."
Note Qu If the end of Criticism were private rebukes & not public instruction, it would hardly be fair to sit in Judgement in the performances of men in the agitation of mind which they must have been under in that tactical times & perilous time
Whether Penman The Pursuer of this clause seems to have been beating his brains for wanted to give them way
to give these Statutes in a question a duration which should
be neither temporary nor perpetual: but as unfortunately
for this purpose, it is rather difficult
to steer clear between finite & infinite
---page break---
3. & 15. Car. 1.
stuck upon the latter.
Qu. if there had not intervened a short Sessions by which made nothing having been done these Acts had expired, so were here to be revived?The Legisl Retrospective operation declaration provision in it for if not
frivolous, has an iniquity in it, which more
modern Legislators have been laudably
industrious to avoid. + + Witness the Indemnity Acts.
COMPOS. Hodge-Podge Acts.
|
Identifier: | JB/070/103/001 "JB/" can not be assigned to a declared number type with value 70.
|
|||
|---|---|---|---|
|
070 |
of laws in general |
||
|
103 |
compos. hodge-podge acts |
||
|
001 |
composition h-podge - revival by implication with a view to notoriety |
||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
||
|
23218 |
|||