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2
VOLUMINOUSNESS
Repeal by Implication Regulation after Prohibition
I will give an instance where there can hardly
be difference of opinion - nor therefore a debate.
Several Stat Statutes of modern date regulate
that operation whether of upon a certain commodity
whether of fabrication importation exportation
sale, purchase, or consumption which is absolutely
prohibited by some ancient Law:
It is therefore but a matter of course that
such ancient Law will therefore shall be
repealed.
I will mention another point which being once
settled, the propriety of making certain and car every title observations alterations
conformable to such settlement will
not admitt of difference of opinion.
It might I should think be received as an
Axiom. That no Premium need be given to
the Informer which it can never be worth his
while to sue for.
Informer's profit not equal to the expence. If so, & if it be true that no Plaintiff
can possibly carry a case through in the
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3.
Superior Courts for less that a certain
Sum £15+ + £20 to £25 Mytton for example it may be a standing
Rule never to establish a pecuniary penalty to the earning
of which a mere stranger is to be invited
to be recover'd in Courts where that
v. Swearing where novity of 5£ sans regular against a Magistrate neglecting is the bait to the Informer. costs Sum is the minimum of expenses without
allowing Costs. It should even seem proper,
so Pecoter in Burn. 2d regularly ..H.T.C. not to affix a penalty so recoverable which
shall not be adequ superior to the Costs even
at their medium
But better to give Costs allways To give the turn of the in favour of the inforcer & not the violator of the Law
If then this Rule should be established, adopted the missing
of every the Penalty up to the Sum in every case where
it is to be sued for in a superior Court and
penalty adequate to Taxed Costs. Costs are not given up to this Sum in every
instance is another instance example of an alteration
that will admitt of the difference of opinion seems not to be obnoxious to debate
To consider the chance of ill-success. & of the expence of vexatious defence.
Particular Codes - In Digestione emendationi [XLII] bus ne iminorator
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Scheme of REDUCTION
It may be a general resolution, to insert the
essential pieces of course - or rather may they
be included put together in a standing system, which who
shall serve for every Article substantive Law without express
enactment just as the standing course of
proceedings in the Courts of Westminster in
Action of Debt for instance example serves for ea every
instance wherein Action of Debt is given
without being established over & over again in each s
Varities of Essential pieces adap ted
to the particular exigencies of any Title may be eng
proposed, but not contended stickled for.
This will cut off a capital objection to a
reform - the variance of opinions, and the
consequent prolixity of the proceedings in
the Legislative body. This is the ground on which
those who think themselves interested + + against a reform to oppose
reformation will make their principal stand.
A general matter once agreed upon, for
the Digest of every Code will supersede
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and cut off all debates concerning each one
in particular — This general method being
given in instruction to the Committee, the
confirmation of their proceedings, if conducted
in observance to it, will be a matter almost
of course.
Only if any provision should recur of
which the inexpedience or inability should
appear too manifest at most to bear a debate
it may be proposed for repeal,
making it at the same time a rule, not to
make a point to support the proposal
against any determined opposition, but to
put the question speedily.
The project of reformation therefore should
not at first embrace the fundamental idea
dismiss to a less expansive Jurisdiction of a set of Laws: (except as above mentioned
in a few obvious and incontrov such cases as appear most <add> to clear to be obvious to debate)</add>
but the apparatus of [Laws creating] Offences
of an ] accessory [nature], & Laws Adjective.
Not the general Bolvey - but the particular
expedients adopted to give it effect. it
Emendation Amendment in the fundamental+ + A reform X Formal Report on each Law to be printed with reasons for Alteration of repeal subjoined to each clause parts should
rather be the fruit than the accompaniment of
consolidation.
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Identifier: | JB/079/032/001 "JB/" can not be assigned to a declared number type with value 79.
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not numbered |
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079 |
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032 |
particular codes - in digestione emendationibus ne immorator |
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001 |
voluminousness - scheme of reduction |
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text sheet |
2 |
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recto |
c2 / |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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25474 |
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