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[5] When therefore the law lays down a general rule, and thereafter a case arises which is an exception to the rule, it is then right, where the Iawgiver's pronouncement because of its absoluteness is defective and erroneous, to rectify the defect by deciding as the lawgiver would himself decide if he were present on the occasion, and would have enacted if he had been cognizant of the case in question.

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