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UNIFORM STATE AVIATION LIABILITY ACT-4th DRAFT COMMENTS AND REDRAFT BY JOHN H. WIGMORE 1 (1936 [January 1937])

handle is hein.ali/aliflight0008 and id is 1 raw text is: e, , U --O11R= STATE AtIATION LIABILITY ACT Fourth Draft by the Schnader Joint Committee, 1936 Comnents and Ref raft by John H. 'Tigmore, Jan. 1937 I. Frefatvry: The 4:th Draft of the Joint Coumittee of the American Bar Association, 0 tho American Law Institute, and the National Conference on Uniform State Laws, has been produced after careful and diligent consultation. Its general principles and policies are not here brought into question. Here the intention is simply tn offer a tentative re-draft, and on the following cantrolling grounds: (1) The definitions of important terms do not conform to the standard usage of the Federal Air Commerce Act, the Federal Air Commerce Regulations, and the Uniform State Aerenautical Regulatory Act. (2) The drafting has failed to observe a fundamental principle prescribed by the Uniform Laws Conference, viz. that each separate arguable proposition of law should be given a distinct paragraph or su b) paragraph, separately numbered or lettered. Without cbserving this principle, debate on particular issuable terms is confused, amendments become difficult to frame, and the effect of amendments on other clauses is liable to be overlooked. Hence in this re-draft the several sections are broken down into their component parts, so that the issuable por- tions are nlearly segregated and the effect of an amendment can bo clearly debated and understood. (3) The terms of the 4th Draft formulate broadly general principles, but do not cover important details which are essential to any effective statute that is designed to secure uniformity. (4) Certain terms of the 4th Draft are practically unworkable. (5) The order of topics is open te impro:vement for lucidity.

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