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1826. | <p>1826. Oct<hi rend="superscript">r</hi> 28.</p> | ||
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 | <p>Review of Humphreys</p> | ||
<p>H's Preliminary Enactment</p> | |||
<p>21.</p> | |||
<p>"The principal article"?</p> | |||
<p>Undistinguishable <lb/> | |||
which: for want <lb/> | |||
of a name.</p> | |||
<p>22</p> | |||
<p>Cause of the obscurity <lb/> | |||
—</p> | |||
<p>1. Squeezing into one <lb/> | |||
article, distinct enactments.</p> | |||
<p>2. Not distinguishing <lb/> | |||
them by numbers. <lb/> | |||
See <hi rend="underline">Agenda</hi>.</p> | |||
<p>23.</p> | |||
<p>Cause of the imperfection <lb/> | |||
what? Ambition <lb/> | |||
to display the <lb/> | |||
fewness of his articles? <lb/> | |||
102.</p> | |||
<p>Laudable this, but <lb/> | |||
he was not aware <lb/> | |||
that, to each object <lb/> | |||
there sh.<hi rend="superscript">d</hi> be a name <lb/> | |||
by which it may be <lb/> | |||
distinguished.</p> | |||
<p>24.</p> | |||
<p>Non numeration <lb/> | |||
apt in novels &c <lb/> | |||
unapt in enactments.</p> | |||
<p>25:</p> | |||
<p>"Construction of Laws <lb/> | |||
Statutes should provide <lb/> | |||
for their own <lb/> | |||
interpretation.</p> | |||
<p>Common Laws useless: <lb/> | |||
his Code kills them.</p> <pb/> | |||
H's Preliminary Enactments | <p>H's Preliminary Enactments</p> | ||
26. | <p>26.</p> | ||
A Code sh.d render it needless to travel out of itself for the meaning of law terms See Agenda. These it should expound. | <p>A Code sh.<hi rend="superscript">d</hi> render it <lb/> | ||
Of universal jurisprudence terms J | needless to travel out <lb/> | ||
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 | of itself for the meaning <lb/> | ||
of law terms <lb/> | |||
See Agenda.</p> | |||
<p>These it should expound.</p> | |||
<p>Of universal jurisprudence <lb/> | |||
terms J<lb/> | |||
B. has an assortment <lb/> | |||
at his service.</p> | |||
<p>27.</p> | |||
<p>Instance <hi rend="underline">Servitude</hi><lb/> | |||
borrowed by H. from <lb/> | |||
Roman bred law: unexpounded.</p> | |||
<p>28.</p> | |||
<p>In course of his Code. <lb/> | |||
J.B. expounds all <lb/> | |||
leading terms belonging <lb/> | |||
to it.</p> | |||
<p>29.</p> | |||
<p>Unless H. kills Judge-<lb/> | |||
made law, it will <lb/> | |||
construe <lb/> | |||
as it has done Statute <lb/> | |||
of Frauds: which was <lb/> | |||
made to be so construed.</p> | |||
<p>30.</p> | |||
<p>He must not <gap/> <lb/> | |||
Judge made law as <lb/> | |||
Peel has done — whether <lb/> | |||
on his own or <lb/> | |||
an <lb/> | |||
lawyer's judgement.</p> | |||
<p>31.</p> | |||
<p>Art 6. Unintelligible<lb/> | |||
He confounds Act and <lb/> | |||
Code produced by it. <lb/> | |||
He sh.<hi rend="superscript">d</hi> have left it to <lb/> | |||
Code to report laws <lb/> | |||
contrary to it: which <lb/> | |||
it would have done <lb/> | |||
of course without <lb/> | |||
mentioning them.</p><pb/> | |||
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 | <p>Hs Preliminary Enactments</p> | ||
<p>32.</p> | |||
<p>Doubts so many <lb/> | |||
raised in a mind <lb/> | |||
that has nothing <lb/> | |||
to get by them, how <lb/> | |||
many in those that <lb/> | |||
have so much?</p> | |||
<p>33.</p> | |||
<p>Art 1. "Henceforth"- <lb/> | |||
<hi rend="underline">Day</hi> meant literally <lb/> | |||
<hi rend="underline">Enactment</hi> day of his <lb/> | |||
Codification ordaining <lb/> | |||
Act. Scarcely could <lb/> | |||
he means any other <lb/> | |||
day than d<hi rend="superscript">o</hi>. of the Code <lb/> | |||
enacted in consequence <lb/> | |||
of it.</p> | |||
<p>34.</p> | |||
<p>Agenda, to prevent <lb/> | |||
disappointment.</p> | |||
<p>1. Declaration that <lb/> | |||
in the Code, when <lb/> | |||
made, care shall be <lb/> | |||
taken to prevent disappointment, <lb/> | |||
producing <lb/> | |||
retroaction <lb/> | |||
in the text of it.</p> | |||
<p>2. Search the Books <lb/> | |||
for dubious points, <lb/> | |||
and give statutory <lb/> | |||
preinterpretation <lb/> | |||
of them <hi rend="underline">See Agenda</hi>.</p> | |||
<p>35.</p> | |||
<p>J.B.'s exposition of <lb/> | |||
Disappointment- <lb/> | |||
preventing principle <lb/> | |||
four pages.</p> | |||
<p>☞ Refer to Agenda.</p> | |||
<p>36.</p> | |||
<p>Reference to</p> | |||
<p>37.</p> | |||
<p>Utterly void.<hi rend="superscript">n</hi> Mischievousness <lb/> | |||
of the</p> | |||
<p>J.B's substitute to it <lb/> | |||
pages three</p> | |||
<p>☞ Refer to Agenda.</p><pb/> | |||
Line 18: | Line 141: | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
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.
---page break---
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.
---page break---
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.
---page break---
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 |
||
013 |
Review of Humphreys |
||
001 |
H's Preliminary Enactment |
||
Marginal summary sheet |
1 |
||
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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