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and settlement of transactions. Care, however, must be had not to 

 disturb things once adjudged. 



50. It should be carefully observed, that not only such laws as look 

 back to what is past invalidate former transactions, but such also as 

 prohibit and restrain things future, which are necessarily connected 

 with things past: so, if any law should prohibit certain artificers the 

 sale of their wares in future, this law, though it speaks for hereafter, 

 yet operates upon times past, though such artificers had then no other 

 lawful means of subsisting. 



51. All declaratory laws, though they make no mention of time past, 

 yet are, by the very declaration itself, entirely to regard past matters; 

 for the interpretation does not begin with the declaration, but, as it 

 were, is made contemporary with the law itself. And therefore de- 

 claratory laws should not be enacted, except in cases where the law 

 may be retrospected with justice. And so much for the uncertainty of 

 laws, where the law is extant. We proceed to the other part, where 

 the laws, though extant, are perplexed and obscure. 



Obscurity of laws 



52. The obscurity of laws has four sources; viz., I. An accumulation 

 of laws, especially if mixed with such as are obsolete. 2. An ambiguous 

 description, or want of clear and distinct delivery. 3. A neglect or 

 failure in instituting the method of interpreting justice. 4. And lastly, 

 a clashing and uncertainty of judgments. 



Excessive accumulation of laws 



53. The prophet says, " It shall rain snares upon them :" o but there 

 are no worse snares than the snares of laws, especially the penal, which, 

 growing excessive in number, and useless through time, prove not a 

 lantern, but nets to the feet. 



54. There are two ways in use of making new statutes; the one con- 

 firms and strengthens the former statutes in the like cases, at the same 

 time adding or altering some particulars; the other abrogates and 

 cancels all that was enacted before, and instead thereof, substitutes a 

 new uniform law. And the latter method is the best: for in the former 

 the decrees become complicate and perplexed, and though the business 

 be performed, yet the body of laws in the mean time becomes corrupt ; 

 but in the latter, greater diligence must be used when the law itself 

 conies to be weighed anew, and what was before enacted to be re- 

 considered antecedent to its passing; by which means the future agree- 

 ment and harmony of the laws is well consulted. 



55. It was in the use among the Athenians for six persons annually 

 to examine the contradictory titles of their laws, and propose to the 

 people such of them as could not be reconciled, that some certain 

 resolution might be taken about them. According to which example, 

 the legislators of every state should once in three or five years, as it 

 shall seem proper, take a review of these contrarieties in law; but let 

 them first be inspected and prepared by committees appointed for 



