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1826. Octr 28.
Review of Humphreys
H's Preliminary Enactment
21.
"The principal article"?
Undistinguishable
which: for want
of a name.
22
Cause of the obscurity
—
1. Squeezing into one
article, distinct enactments.
2. Not distinguishing
them by numbers.
See Agenda.
23.
Cause of the imperfection
what? Ambition
to display the
fewness of his articles?
102.
Laudable this, but
he was not aware
that, to each object
there sh.d be a name
by which it may be
distinguished.
24.
Non numeration
apt in novels &c
unapt in enactments.
25:
"Construction of Laws
Statutes should provide
for their own
interpretation.
Common Laws useless:
his Code kills them.
H's Preliminary Enactments
26.
A Code sh.d render it
needless to travel out
of itself for the meaning
of law terms
See Agenda.
These it should expound.
Of universal jurisprudence
terms J
B. has an assortment
at his service.
27.
Instance Servitude
borrowed by H. from
Roman bred law: unexpounded.
28.
In course of his Code.
J.B. expounds all
leading terms belonging
to it.
29.
Unless H. kills Judge-
made law, it will
construe
as it has done Statute
of Frauds: which was
made to be so construed.
30.
He must not
Judge made law as
Peel has done — whether
on his own or
an
lawyer's judgement.
31.
Art 6. Unintelligible
He confounds Act and
Code produced by it.
He sh.d have left it to
Code to report laws
contrary to it: which
it would have done
of course without
mentioning them.
Hs Preliminary Enactments
32.
Doubts so many
raised in a mind
that has nothing
to get by them, how
many in those that
have so much?
33.
Art 1. "Henceforth"-
Day meant literally
Enactment day of his
Codification ordaining
Act. Scarcely could
he means any other
day than do. of the Code
enacted in consequence
of it.
34.
Agenda, to prevent
disappointment.
1. Declaration that
in the Code, when
made, care shall be
taken to prevent disappointment,
producing
retroaction
in the text of it.
2. Search the Books
for dubious points,
and give statutory
preinterpretation
of them See Agenda.
35.
J.B.'s exposition of
Disappointment-
preventing principle
four pages.
☞ Refer to Agenda.
36.
Reference to
37.
Utterly void.n Mischievousness
of the
J.B's substitute to it
pages three
☞ Refer to Agenda.
Identifier: | JB/078/013/001 "JB/" can not be assigned to a declared number type with value 78.
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1826-10-28 |
21-37 |
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078 |
Review of Humphreys |
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013 |
Review of Humphreys |
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001 |
H's Preliminary Enactment |
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Marginal summary sheet |
1 |
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recto |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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25104 |
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