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<p><!-- pencil -->20 Dec<hi rend="superscript">r</hi> 1810<lb/> | |||
<!-- pencil --><head>Prize Acts 1805 & 1809 analysed</head></p> | |||
<p>When of three <add>contiguous</add> clauses one is <del>meant to apply</del><lb/> | |||
in the character of a limitation clause meant to apply<lb/> | |||
to one alone of the two others, <del>inserted it</del> <add>to avoid ambiguity, stick it into</add> the<lb/> | |||
belly of the one to which it is meant to apply:<lb/> | |||
insert it not between the two: much less if <del>it be not</del><lb/> | |||
the former of the two is that to which it is meant to<lb/> | |||
apply, <del>insert</del> <add>fasten it on</add> it, as in the example just above<lb/> | |||
stated <add>brought to view</add>, <del>as under</del> at the tail of the latter.</p> | |||
<p>Although beyond possibility of doubt, the <unclear>content</unclear><lb/> | |||
should upon reflection determine <add>to</add> which of the two clauses<lb/> | |||
the limitation was meant to apply, yet in the meantime<lb/> | |||
while reflection is at work upon the task<lb/> | |||
thus unnecessarily set to it, a perplexity remains<lb/> | |||
a perplexity in the mind of the reader sufficient<lb/> | |||
<del>to fix</del> even in the case of a work of mere amusement,<lb/> | |||
to fix upon the composition the imputation<lb/> | |||
of clumsiness and inelegance.</p> | |||
<p>Thus stands the matter in <del>the</del> <add>a</add> case where<lb/> | |||
whether dispute or doubt <add>alternately</add> prevail or no, is <del>if</del> matter<lb/> | |||
of no importance. But where a <unclear>line</unclear> is the spot<lb/> | |||
on which the imperfection fastens, the consequence<lb/> | |||
may to any amount be serious and <unclear>afflictive</unclear>.<lb/> | |||
Understand always to the parties. But out of the affliction<lb/> | |||
of the party, be it ever so strong, cometh forth sweet<lb/> | |||
to the man of law: whereupon, if in the character of<lb/> | |||
eventual suitors and clients and suitors the people will <del><gap/></del> as<lb/> | |||
<gap/> be content to<lb/> | |||
have been at his case,<lb/> | |||
the <del>consequence</del> natural<lb/> | |||
consequence is that<lb/> | |||
what is here <del>meant</del><lb/> | |||
given as an imperfection to be avoided, will be received as a precedent to be copied <add>followed</add> and turned to <unclear>use</unclear>.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
20 Decr 1810
Prize Acts 1805 & 1809 analysed
When of three contiguous clauses one is meant to apply
in the character of a limitation clause meant to apply
to one alone of the two others, inserted it to avoid ambiguity, stick it into the
belly of the one to which it is meant to apply:
insert it not between the two: much less if it be not
the former of the two is that to which it is meant to
apply, insert fasten it on it, as in the example just above
stated brought to view, as under at the tail of the latter.
Although beyond possibility of doubt, the content
should upon reflection determine to which of the two clauses
the limitation was meant to apply, yet in the meantime
while reflection is at work upon the task
thus unnecessarily set to it, a perplexity remains
a perplexity in the mind of the reader sufficient
to fix even in the case of a work of mere amusement,
to fix upon the composition the imputation
of clumsiness and inelegance.
Thus stands the matter in the a case where
whether dispute or doubt alternately prevail or no, is if matter
of no importance. But where a line is the spot
on which the imperfection fastens, the consequence
may to any amount be serious and afflictive.
Understand always to the parties. But out of the affliction
of the party, be it ever so strong, cometh forth sweet
to the man of law: whereupon, if in the character of
eventual suitors and clients and suitors the people will as
be content to
have been at his case,
the consequence natural
consequence is that
what is here meant
given as an imperfection to be avoided, will be received as a precedent to be copied followed and turned to use.
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Identifier: | JB/547/210/001"JB/" can not be assigned to a declared number type with value 547. |
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1810-12-20 |
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547 |
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210 |
Prizes. Acts. 1805 & 1809 analysed |
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001 |
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Text sheet |
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Jeremy Bentham |
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