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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 of that, to each object there sh.d be a name by which it may be distinguished. 24. Non numeration apt in novels : unapt in enactments. 25: "Construction of Laws Statutes should provide for their own interpretation. Common Laws useless his Code kills them.
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 at has done Statute of Frauds: which was made to be so construed. 30 He must not ane Judge made law as Peel has done-whether on his own or an lawyer's judgement. 31. Art. 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.
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 coild he man 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. 3 Refer to Agenda. 36. Reference to 37. Utterly void. Mischievousness of the J.B's substitute to it pages three 3 Refer to Agenda.
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 |
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013 |
Review of Humphreys |
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001 |
H's Preliminary Enactment |
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Marginal summary sheet |
1 |
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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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