The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-07-20
How To Draft Laws.

A hook which should prov" A. useful In
tho I ri,.u states as Ia England In the new
.ii'ion ~ tho treatise entitled prn-reai
Liquidation ne Com position and a 7Na~c
o. vets o. Pa -idr'nf AVID Busuess Dncv-
-1sr's. hy Lord TURING. X. &. r., late Par
ianen'arv counsel Little, Brown 4 Coz.
II - obvious that the meaning Of laws
ough, "a l.. unmistasahle. bu, IL 10 . matter
4 common experience that statutes often
lack The requisite lucidity. In an intro
duct ION 20 the boOk before us the fact 10
| recalled tha, Mr.. John Austin In his we'll
known work on Jurisprudence poin'ed ou'
Ia, Nha' is usually called the technical
part 81 legislation. IL incnmparably more
disicult than what NAV he call~t the ethical
In O, her words. II l. far le~a difficult 10 con
c,iva Justly wha' would 10 useful law
than 80 20 frame hat law that II may sc-
complish the design % the law siyer. one
of ~. most earned EnRlshm-n ~ the
n~in~,ecn'h century, Bishop Nestcott. put
his finger On the ~.~en,isl d-sideratum In
drawing acts 4 Parliament. and indeed.
IN all other sorts of SERIOUS composition.
when he aid. speaking ~ the BENEFITS he
had derived f-,'n the tuition - a famous
I. hoolma-'"r II | ~ers 20 selec. one
endowment which I havs found most prec-
i,us To me IN the whole work - lifs, ! should
...ler, the absolute belief In tho force Of
vrrds whicn | gained through he .'rictes'
verbal criticism Lord Timing tells US
thai be- himself learned from the i~nstruc-
non ~ two great scholars that even the
p~ar'icles can bc made instinct with life
. and that words, though no' built up In
Iuuy rhyme. and not expressing thoughts
tlsi burn. can h. made to brca'h..
From ~. University ~ Cambrids. our
author p4--"! 80 tho study ~ c~onv~varcirr
ard therr. liAe utEer students - 'he subJcc'
nrv wear, ago, lac found tina; the a.
uL,er' 81 lcgal expression then was 20
conceal n. meaning from ordinary readers
A-Lc puts n. the forms which a Law student
II that Jeriud was ~inccssantly employed
in c.pylrs vcro wordy cairns. on to which
Zach ruu,eyancer 81 eininence had from
time e. tine thrown a new word. until
tho whole b~can" a huge heap 81 uuin-
tclIigibuitv The interesting fact Ia noted
that. % the study q the contents. ~ the
statute boob great contrast wa remasicd
l.,we"r - earlier and later RACES. Magma
Char'a was oppressed by Stephen Lang 81.
the paual Legate, In Aort ard pr~ci~
larEfiaE', no man can complain tI am
l,cuity or v.ruosity In the written enact.
MT which declares. when translated:
. Iu 10 man will We sell, to no man viii
No douy or delay. right or justice In
,-od.-r times. on The other hand. "a Mr.
.I,hu Austin has Observed, statutes made
with grca' d.liberation and by learned
and ,udiciors lawyers have been expressed
~. ob--urc!y. or have been c~onsiruc,ed
49, iraptlv. that decisions interpreting
a.. -o'-a q those provisions. or supplying
and correcting the provisions or roho,e
Lrcas have boon - necessity heap~d upon
them hv the courts ~ justice Such.
Tor example. has becn the cass with the
statute 81 Frauds. which vas made by
,b-,. ~ ~. vi.-st lawyers In the reign Of
Charles II
som. hldicruis Instances % confused
.,prc-.ion are extracted nv lord Thrine
from ,h. statue. took OF thins~ which
nigh, have te~n expressed differently.
a, INSTANCE Il N 10 found IN 50 Gcore~
M can 20 Penalties under this Al
usrs to bc gwen. half to the informer.
and ha'. 10 the poor 81 tho Parish, but
the only t~nalty ENACTED Ivy b stature
CHARACTERIZATION Tor fourteen year. In
. later instance TIE craftsman esve the
following definition in an Improve
r,p, .c, Tho term new building
means sny tui!dins pulled or urn down
90 or within ten f-~, - The surface II The
adjoining ground Amendments pro
D,..d 90 nils no, infr~uuen,iy err IN vague
n.~' An amendment VAS prurosed ~ q
Qveen'. Counsel IN lsss to tho folowins
ercct Every dog found trespasstns
on encls ~ land unnccomrsnIed nv the
,.r.,pI own x such DIG OF ether