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TURNP. ACT. Observations on.
147 §§36 New
Collusion
N.B This is a Polychrest — v. whether
inserted in the Highway
Act
Provided that, where a Forfeiture upon such
prosecution shall have been paid or deliver'd,
such part thereof as is applicable to any other
use than the Informer's shall not be refunded to
that offender, but shall continue applicable to the
use whereto it it destined appropriated.
148 §§59
INITIATION
in Summary
There seems to be much more reason for a Limitation
upon summary procedure than upon the
regular, since the former is carried on upon the
spot.
149 §§ 50 - mind
" Taking keeping or disposing This will take in
the cases persons using any means of one who should utter by threats or others to
deter persons from purchasing the goods destined
when exposed to Sale. There seems nothing improbable
in the supposition that the forwardness of ignorant Clowns sometimes men among the
might exert itself in this manner, for instance wither
out of mere spite to persons exciting the act, or to
promise the delinquents, by causing to goods to be bought
in for them are while his person
is secured. Well the blows over by absconding
And it is to be observed that the that appetite
a time certain [] within what the
& tall be concluded.
150 §§53
Thus would it have stood if no more than ordinary costs had been given:
But to double those costs & things So treble or quadruple the profit of seeking the most
expensive remedy. What is it but to offer a premium
for oppression? The forfeiture [given by this act]
if simply doubled, in express words would probably have sounded
grievous in the ears of those who are content to
augment them 6 or 8 fold in reality effect — Thus it
is that men will strain out a gnat, while they
swallow a camel.
151 §§ 8.22
The 22d Section <sic.shews</sic> that when the Number of Oxen
is but 4, the A horse is not meant to be requested.
152 §§57
Where a provision of a general nature required it & applicable to many a number
of particular clauses, is inserted annexed particularly in to some, & of
Sections that number, & not in others; when one sees finds it
not to be annexed in the same manner to those others,
one naturally supposes it to be omitted altogether:
for if it was proper necessary to annex it particularly
to any, why not proper to all. If it was not necessary to
annex it particularly to any all why annex it then
to any. If it were not annext particularly to anywhere
it would naturally be concluded to be inserted generally somewhere
If it were omitted every where alike people would
naturally look for some clause wherein provision should
be made for it imposing it once for all
This species of redundance abundance/repetition as allways
(& indeed proper) nor to be restored redundance wherever the same
[provision] appears to be perfect without a reference
to the foreign additament, & where
to repeat is as short as or shorter than to refer.
For example in Art ... §§ 31 without the
admitting establishing the View of the Magistrate
as for sufficient evidence of the offence in question,
the provision would ought have been regarded as compleat:
the reader having nothing to direct him
to look further would have put the same negative
upon the notion of it's being applied to that
offence that as of its being applied to any other:
that is he would imbibe an error, which it
is odds whether he might afterwards correct;
some how or other than the ought to be led to
the consideration knowledge of this clause: the question is, whether
best by reference or repetition: this is decided
in favour of reference, in the 1st place always more satisfactory
paribus than the other; & in the next
place, because it is here actually the shortest.
I admitt omitt many
out of mere
weariness & uncertainty
whether they may prove
useful enough to pay for the trouble of undertaking <add>comprehending them.
an instance of or two of this sort teaches one to look no
further for the provision in question than the Clause
in hand: accordingly these Sections whwre I found it<lb/. not, I marked & continued for a long while to consider
as defective in this respect.
153 §§ 31.
Repetitions
Redundancies
Monaecous.
Monaecous Redundancies in like manner admitt
of different degrees of , or even sometimes of
Justification — The circumstance up[on which
their the property of ad admissibility depends <add>stands</add, seems to be chiefly
that of <add> the class of Persons whom they respect.
The prosperity of admitting
them seems
chiefly to turn upon
In such articles as require the attention of persons
at large in whom no knowledge of the Law is
reasonably to be presumed, the repetition advantage of them in the
place where they apply may often, counter balance
the mischief [ disadvantage/inconvenience of such an as is necessary </add> thence accruing to the body of the
Law of the Instrument in question on that score]
of voluminousness]. It is otherwise, with regard to those that require the attention the necessity/ of being appraised of which is confined to the Magistrate.
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