Page:Armatafragment00ersk.djvu/371

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¬gressive, as in former times. — Why then might not the best materials in our later reports, though not established as conclusive, be held by the profession to be the order of the day, and all other arguments be excluded or abridged? — I am informed indeed by eminent lawyers, that absolute necessity is working this effect, but some authorised system is still wanting to give it continuity and force. ¬I need hardly conclude by saying that the judgments to be thus selected, must be such as are beyond all question, and which could not be reversed or shaken without bringing confusion upon the law. ¬For the reasons I have already adverted to, it would be most difficult and dangerous to recast our statute law, or even to simplify and con- dense it by enactments, because no care in their language could prevent disputes upon their con- structions, whilst those that were abrogated had finally received them in the courts. — Perhaps, ¬therefore, ¬