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Jany 1808
2. When in the character of a Counsel, if a law given an answer to a case stated by a Client the opinion
of a lawyer proves erroneous, i.e. not conformable to the judicial
decision which thereafter comes to be pronounced, here is mischief
done, and that mischief irreparable. But if, in framing
a body of law, having for its main object the giving expression to the
rule of action, taken as it is in its present state, so far as the purport of it is ascertainable, it happens to the foreman makes to make misconceptions
and consequent misstatements happen to take place, no mischief
at all is done. In the profession, in the judicial establishment
– wh in both Houses of the legislature, everywhere men
abound who to the knowledge requisite add the sufficient inducement interest and thence the
will to discover and correct the errors administer the requisite corrections to
all such mistakes.
3. In a work of the sort in question misconceptions
and cause of what concerning the actual state of the law may not only
take place and but pass uncorrected in any numbers, and no ill consequence
ensue. Innumerable are the points on which whether the
decision be this way or that way, so it be but foreknown, is
matter of compleat indifference. But on all points, an
article of essential and prime importance is certainty. Of this quality
statute law is susceptible, jurisprudential law in its very nature essentially unsusceptible.
Many are the Points that may be stated in abundance, so material
that if uncorrected, a mistatement in relation to them would
be productive of evil consequences up to any degree of importance.
But the more important the error, the surer it may
be of receiving correction from so ma such a multitude of hands,
qualified by ability and urged by interest to administer it.
Identifier: | JB/091/240/001 "JB/" can not be assigned to a declared number type with value 91.
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