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1824. July 22 Constitutional Code.
+ 4 Copd 4
Ch. XII. Judiciary collectively §.17.
Art. 7. 1. Case suppose that of a contract: the contract, for example between the Merchant and the Jew of Venice: fabulous, it will not be less serve for illustration than explanatory than if real. Money lost: on failure of pay repayment by a certain day, power to Creditor to cut from the body of debtor a pound of flesh; taken from any part, at pleasure creditors choice. Regarding this contract in being of the number of those by the observe observance of which greater evil would be done than by the breach, the Judge proceeds as above. offering the power of choice proposing transmitting proposed amendment as per §.16. and proposes and offers for suspension offering the those power of d as above Art. 3. . Of those suspension decrees if confirmed by the Legislature, namely by namely by local consent given to the proposed Judiciary amendment the proposed amendment, the effect will as in case 1, be retroactive. But, that in this case the proceeding retroactivity is at the least not less irreproachable than if in Case 1: not less than if, by the Judge as according to the fable, permission to cut the flesh, can offend on no other ground than having no been granted, were in effect retracted, by clogging it with a condition impossible to be fulfilled. flesh the in that permission the permission to draw blood not to wit the forbearing that of forbearance to shed blood. The cases that Instead an interpretation was rather as of fulfilment of the contract this would be disobedience authorizing a breach of it of the supposed fulfilment for supposing the an act authorized and commanded by law so is every other act necessary to the performance of it.
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