Download or read book The Law Magazine and Law Review, Or Quarterly Journal of Jurisprudence, Vol. 28 written by and published by Forgotten Books. This book was released on 2017-12-21 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Law Magazine and Law Review, or Quarterly Journal of Jurisprudence, Vol. 28: August, 1869, to February, 1870 The general system and character of the Code will appear from the above review. We have next to draw attention to the mode in which it deals with former Penal Statutes, which is somewhat remarkable. These Statutes constitute, of course, a vast mass of legislation, which is superseded by the Code. Yet there is no general repealing clause, such as we are accustomed to see in English Acts of Parliament. Indeed few, if any, laws are expressly repealed at all. The reason given by the Commissioners for taking this course is, that, in numerous cases, penal enactments are so intermingled with provisions relative to civil rights and remedies, that there would be great danger in attempting to disentangle them. They have therefore adopted the following course. They provide by sec. 2, to be quoted below, that from the time when the Code takes effect, no person shall be punished criminally, except as provided by the Code or by some Statute, which the Code expressly specifies as continuing in force. Then in see. 786 they enumerate the Statutes (mostly of a Special or local character) which are intended to be continued. The effect is that, while other Statutes will remain unrepealed and in full effect, so far as civil rights and remedies are concerned, courts of criminal jurisdiction will be forbidden to enforce them, in so far as, before the adoption of the Code, they authorised criminal punishments. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.