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<p>They make the King of France strain hard to say that<lb/>
 
he will have things in such a way as he is going to tell<lb/>
 
them but when <sic>it's</sic> once said, there is an end of it.</p>
<p>With our Legislators the general pangs come on afresh &#x2014;<lb/> every minute.</p>
<p>Thus is the <sic>formulary</sic> usually met with the Legislative<lb/>
Instruments of France.</p>
<p>"Louis by the Grace of God to all present &amp; to come greeting<lb/>
"&amp; [then follows sometimes a preamb<add>u</add>latory recital] We<lb/>
"give to understand, that we for these causes and others as<lb/>
"thereunto moving, of our own proper motion full power and<lb/>
"royal authority have said established &amp; ordered so say<lb/>
"establish &amp; order by these presents signed with our hand<lb/>
"we will &amp; it so pleaseth us".<note><foreign>Ordonnance de Louis 14 pour les matieres criminelles  <unclear>d' l'ar</unclear></foreign> 1670 Paris</note> This is when it is an Edict<lb/>
when it is a Declaration it is "Declare" instead of "establish"<lb/>
There seems to be about as much real <add>natural</add> distinction between<lb/>
Declaration and an Edict, as there is between an original &#x2014;
<pb/>
<note>1760 24<hi rend='superscript'><gap/></hi>.p.176</note>
clause in our Acts of Parliament and a Proviso.</p>
<p>A General <foreign>non obstante</foreign> is nugatory, as being implied<lb/>
in the very circumstance of enactment: a <foreign>non obstante</foreign><lb/>
clause to a particular Statute <add>certain</add> creating a general rule to<lb/>
which in the Statute in question it is meant to create<lb/>
an exception may be proper to be required, as a testimony<lb/>
that the Statute referred to had been in contemplation.</p>
<p>By 29<hi rend='superscript'>th</hi> <unclear>Ed</unclear> c-5 after 19 Sections <note>By the 19<hi rend='superscript'>th</hi> of which a temporary continuance <add>is</add> given to the several Statutes mentioned in that and the 18<hi rend='superscript'>th</hi> preceding except to the 2 first which are perpetuated.</note> whereby continuance is<lb/>
is given to Statutes therein mentioned There comes a 20<hi rend='superscript'>th</hi> by<lb/>
itself to continue so much as was then in force of an Act<lb/>
entitled An Act touching certain Polite constitutions<lb/>
[as they were then thought] for the maintenance of the Navy<lb/>
[Immediately after this comes a 21<hi rend='superscript'>st</hi> in these words<lb/>
"Provided <sic>allways</sic> that whereas &amp;."] The Act then goes on<lb/>
&amp; in the next Section dispenses with the personal appearance<lb/>
of <gap/> in penal <unclear>Suits</unclear>.</p>
<head>COMPOS. Stat. Singly quâ Statute. <hi rend='underline'>Enactment </hi> <sic>Formulary</sic> of French BR <!-- symbol --> Non-<unclear>obsturies</unclear> &#x2014; Enacting <unclear>X</unclear><!-- Symbol --> Proviso</head>
<pb/>
<p>This is <sic>intitled</sic> an Act for the continuance &amp; perfecting of<lb/>
<sic>divers</sic> Statutes. None of the other Sections have any other &#x2014;<lb/>
<sic>affect</sic> than that of simply perpetuating or continuing, &amp; in that<lb/>
which may be thought to do somewhat towards, "perfecting"<lb/>
there is no mention in particular made of any Statutes.<lb/>
There is <note><unclear>2a</unclear>. as to this <hi rend='underline'>Fact</hi>!</note> a Rule in the H: of Commons that no original<lb/>
clause of a Bill can be inserted in a partial committee:<lb/>
there is another rule that a Proviso may: as the distinction<lb/>
between an original clause &amp; a Proviso has not been nor can &#x2014;<lb/>
well be settled, hence it is that as by the former of these&#x2014;<lb/>
Rules nothing so by the latter any thing may be inserted<lb/>
there.</p>
<p>There was a certain Jew who had a tender affection for&#x2014;<lb/>
Westphalia Hams: under the name of Hams he abhorred<lb/>
them as a true Jew ought: but he called them Stock-fish,<lb/>
&amp; with the said Stockfish did he fill his Belly.</p>
<p>Hence it is that so many a clause is seen [<unclear>elbowing</unclear>] in the <add>this form</add><lb/>
shape of an <unclear>adversary</unclear> appendage forced into a connection with a
<pb/>
associate to which it is an utter stranger.</p>
<p>This in the Turnpike Act 7 G.3.40 by <!-- symbol -->&#167;43. Mortgages of Tolls<lb/>
are to be accountable, yet but for all this [by <!-- symbol --> &#167;44.] when a<lb/>
toll-gatherer dies, another may be appointed in his room.</p>
<p>If both these Rules were to be abolished together, things would<lb/>
be just as they are now that both subsist: with this difference<lb/>
that one source of continual absurdity would be stopped.<lb/>
What is a Proviso? a clause that begins with Provided,<lb/>
make then a Clause to begin with provided, &amp; it is a proviso:<lb/>
now an clause may be made to begin with "provided" &amp;<lb/>
therefore any clause may be inserted.</p>


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Latest revision as of 10:03, 4 February 2020

Click Here To Edit

They make the King of France strain hard to say that
he will have things in such a way as he is going to tell
them but when it's once said, there is an end of it.

With our Legislators the general pangs come on afresh —
every minute.

Thus is the formulary usually met with the Legislative
Instruments of France.

"Louis by the Grace of God to all present & to come greeting
"& [then follows sometimes a preambulatory recital] We
"give to understand, that we for these causes and others as
"thereunto moving, of our own proper motion full power and
"royal authority have said established & ordered so say
"establish & order by these presents signed with our hand
"we will & it so pleaseth us".Ordonnance de Louis 14 pour les matieres criminelles d' l'ar 1670 Paris This is when it is an Edict
when it is a Declaration it is "Declare" instead of "establish"
There seems to be about as much real natural distinction between
Declaration and an Edict, as there is between an original —
---page break---
1760 24.p.176 clause in our Acts of Parliament and a Proviso.

A General non obstante is nugatory, as being implied
in the very circumstance of enactment: a non obstante
clause to a particular Statute certain creating a general rule to
which in the Statute in question it is meant to create
an exception may be proper to be required, as a testimony
that the Statute referred to had been in contemplation.

By 29th Ed c-5 after 19 Sections By the 19th of which a temporary continuance is given to the several Statutes mentioned in that and the 18th preceding except to the 2 first which are perpetuated. whereby continuance is
is given to Statutes therein mentioned There comes a 20th by
itself to continue so much as was then in force of an Act
entitled An Act touching certain Polite constitutions
[as they were then thought] for the maintenance of the Navy
[Immediately after this comes a 21st in these words
"Provided allways that whereas &."] The Act then goes on
& in the next Section dispenses with the personal appearance
of in penal Suits.

COMPOS. Stat. Singly quâ Statute. Enactment Formulary of French BR Non-obsturies — Enacting X Proviso
---page break---

This is intitled an Act for the continuance & perfecting of
divers Statutes. None of the other Sections have any other —
affect than that of simply perpetuating or continuing, & in that
which may be thought to do somewhat towards, "perfecting"
there is no mention in particular made of any Statutes.
There is 2a. as to this Fact! a Rule in the H: of Commons that no original
clause of a Bill can be inserted in a partial committee:
there is another rule that a Proviso may: as the distinction
between an original clause & a Proviso has not been nor can —
well be settled, hence it is that as by the former of these—
Rules nothing so by the latter any thing may be inserted
there.

There was a certain Jew who had a tender affection for—
Westphalia Hams: under the name of Hams he abhorred
them as a true Jew ought: but he called them Stock-fish,
& with the said Stockfish did he fill his Belly.

Hence it is that so many a clause is seen [elbowing] in the this form
shape of an adversary appendage forced into a connection with a
---page break---
associate to which it is an utter stranger.

This in the Turnpike Act 7 G.3.40 by §43. Mortgages of Tolls
are to be accountable, yet but for all this [by §44.] when a
toll-gatherer dies, another may be appointed in his room.

If both these Rules were to be abolished together, things would
be just as they are now that both subsist: with this difference
that one source of continual absurdity would be stopped.
What is a Proviso? a clause that begins with Provided,
make then a Clause to begin with provided, & it is a proviso:
now an clause may be made to begin with "provided" &
therefore any clause may be inserted.



Identifier: | JB/070/080/001"JB/" can not be assigned to a declared number type with value 70.

Date_1

Marginal Summary Numbering

Box

070

Main Headings

of laws in general

Folio number

080

Info in main headings field

[[info_in_main_headings_field::compos. stat. singly - qua statute. enactment - formulary of french non-obscurities [?] - enacting & proviso]]

Image

001

Titles

Category

copy/fair copy sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

Watermarks

[[watermarks::gr [crown motif] [britannia with shield motif]]]

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

23195

Box Contents

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