Page:Halsbury Laws of England v1 1907.pdf/218

 Introduction.

ccxiv

The commission,

May

on

after the publication of its first report

appears to have died out.

1867,

13,

pounded various

treatises to be sent in as

Digest contemplated

Mr. Macleod, one

some

but



specimens

of the

ensued with

litigation

and no more has

of the v^riters selected,

been heard of that commission since

pro-

It

report

its first



but

if

ever the experiment could have been successfully accomplished,

would

it

have

when such

been

commissioners was selected to try

A

in taking specific subjects

how human of

it.

and consolidating various statutes

The Sale

in relation to that subject.

Interpretation

of

but very useful, course has been pursued

less ambitious,

Exchange

body

a

Partnership Act,

the

Act,

Goods Act, the

of

the

Bills

of

Act, and the Marine Insurance Act, are examples

useful such a course

ingenuity will ever

may

but no amount of

be,

make

code that will not

a

require exposition.

An clear

make

ancient philosopher thought he could

by a preparatory account

effect;

modern

but

ment and

desire

ideas

to

of

rather

what

was intended

it

point

the law

plain

to

omit preambles altogether.

to

enact-

Bacon

undoubtedly favours the modern view that law should

commence with enactment. logi

He

says:

legum, qui inepti olim habiti sunt,

"Neque et leges

disputantes non jubentes, utique placerent,

si

nobis pro-

introducunt

priscos

mores

legum plerumque (ut nunc sunt tempora) necessario adhibentur, non tam ad explica-

ferre

possemus.

tionem

legis,

in comitiis fieri

It



Sed prologi

quam

isti

instar suasionis ad perferendam

et rursus

ad satisfaciendum populo.

legem

Quantum

potest tamen, prologi evitentur, et lex incipiat a jussione."

may

be that Bacon had in his mind what another judge

expressly said: that the preamble might act as the ''key" of the statute

to explain its object,

and thereby elucidate

meaning;

otherwise he would

not have added the

its

qualification "

quantum

fieri

potest."

The

difference

was