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(4) Consider character of the change in the law, for there is an exception to the presumption arising.

  • Even if a right or privilege have been acquired or an obligation or liability incurred under the old law, next ask: is the change in the law merely procedural in operation, rather than have a substantive effect?
  • (If the former, the presumption does not arise and the change operates prospectively: Rodway at 518.)
  • But even if a statute does have a general procedural character, does it at the point of commencement affect substantive rights in the circumstances in question? (in which case the presumption is raised)

 

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