★ 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
COMPOSITION. Expedients for abbreviation. recapitulated.
[The blemishes vitiosities, for I fear am afraid to call them defects, or by any term whereby want is apt to be suggested by the name of defects, or any word that is commonly understood to mean what when superficiality
is the arch grievance]. The vitiosities blemishes, I say, to which every thing is owing that we have reason to complain of in the composition of statutes,
tho' many in number, are few in kind. Hence it is that the remedies, specific and sovereign as they are will be focused, are also few. I will here recapitulate
them, that the reader may have the satisfaction of seeing at one view a summary of all the points that appear requisite to be attended to
.
1
Obsoleta.
Repeal, of as many Statutes and clauses of statutes as 2 Antinomiae
Omission, of as many Statutes or clauses of Statutes, 3 Homoionomiae
Omission, of as many Statutes or clauses of statutes, more Coadunatio
Consolidation, of clauses, belonging to the same national
are inoperative. The code of conduct regulated
by them having ceased. comparing limitations, or annexing and then, to Powers
totally taken away.</p>
more than one, as are contrarient, in Antinomiae.
than one, as are coin-cident, in Homoionomiae
<p>4
Head The word ["head"] is used in this place, rather than the word [title]; to avoid confusion from the double signification of the latter, dispersed through many acts, into one; this saves as
many <hi rend='underline'>introducing <add>introductory
5
DisPartitio
Separation, of clauses belonging to different natural heads
non comprized under one Act, in order to consolidate them
under their respective titles: this saves the prolixity of in the
titles [taken singly].
6.
Substitution, instead of explanation and amendment.
Substitutio vice Sarcenatronis.
7
Omission, of the enacting formulary at the beginning of
every Section.
Preambula Sectionis.
8
Omission, of Preambles nugatory.
Preambula Statuti
9
Omission, of Preambles to repealments.
10
Generalization, of Clauses, of a general demand, hitherto
inserted particularlyoccasionally—v. Polychresta desiderata. By this means the specific
Clauses that come under it, may be every where omitted.
As many clauses of a specific purpose as are uneludible under one clause of a general purpose.
11
Omission of general non obstantes.
12
Omission, of unnecessary saving clauses.
13
Giving to each Statute a name or Title no longer than is necessary.
litation , of whole Statutes by reference instead of repeti-
sufficient for distinction: Citation by this Title alone, will
save recitals whether of Tenor or Purport, with regard to
-tion entire Statutes. V. XLVIII</p>
14
Numeration Numbering of the separable clauses in a Statute: this
in referring to them, all recitals whether of the Tenor or Purport
14.
Giving in like manner,</lb>
to each distinguishable</lb>
part of a Statute,</lb>
a title no longer than
is necessary for distinction; viz:
some Number. Citation by this number, will
save recitals whether
of Tenor or Purport with regard to parts of Statutes. v. XLVIII
COMPOSITION. Expedients for Abbreviation. recapitulated.
15
Omission, of words and phrases redundant by Co-
incidence.
16
Omission, of words and phrases redundant by Inclusion.
XLIX, 17. LI, 59, 52.
17
Omission, of words and phrases redundant by literiority.
LI, 49.
18
Omission, of the specification of Sex.
19
Omission, of the specification of Number.
20
Substitution of a generic term miscarrying (with a definition) for a
list of Congeners: Species subalternate to it this saves as many words, more than one,
as the list comes to be repeated times, more than once.
21
Omission, of such members of the sentence as
may be omitted without injuring the sense, in
virtue of a Grammatical Ellipsis, consonant to
usage.
A List of Articles that be may be omitted in the framing
of a Digest.
These and others may be distinguished into entire Statutes and parts
of Statutes. And the parts of Statutes
first, such as have entered into belong to the composition
of a Statute in virtue of in its peculiar character,
of a Statute that is an instrument containing a declaration of the
Will of a Legislator: and 2dly Such as
belong to it in the general character of a
Discourse.
Entire Statutes that may be if any such there be omitted are.
1st Such as are Superseded Obsolete. Such as are are
repeated by and effect without express words any expected
of repeal stand repealed in effect by
later Statutes. 3dly Such as are re-enacted
in effect by later Statutes.
Parts of belonging to Statutes as such that may be omitted
are 1st Such as are superseded obliterated legislature
Statute. 2. Such as are superseded obsolete. 3. Such as
have been re-enacted.
|
Identifier: | JB/096/097/001 "JB/" can not be assigned to a declared number type with value 96.
|
|||
|---|---|---|---|
|
1-21 |
|||
|
096 |
comment on the commentaries |
||
|
097 |
composition expedients for abbreviation recapitulated |
||
|
001 |
|||
|
marginal summary sheet |
1 |
||
|
recto |
|||
|
[[watermarks::[gr with crown] [lion with vryheyt motif]]] |
|||
|
31101 |
|||