JB/028/104/004

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4)

Construction of Stat.

the example. It is that of the restraining Statute
of the 13. Eliz. before mentioned.

"By the Common Law ecclesiastical corporations
"might let as long leases as they thought proper: the
"mischief was, that they let long and unreasonable
"leases, to the impoverishment of their successors: the
"remedy applied by this Statute was by making void
"all leases by ecclesiastical persons bodies for longer terms
"than three years lives or twenty one years. Now
"in the construction of this Statute it is held, that
"leases, though for a longer term, if made by a
"Bishop, are not void during the Bishop's life;
"or, if made by a Dean with concurrence of his
"chapter, they are not void during the life of
"the Dean: for the Act was made for the benefit
"and protection of the successor. The mischief is
"therefore sufficiently suppressed by vacating them
"after the death of the grantor; but the leases
"during their lives, being not within the mischief,
"are not within the remedy". This our Author
calls construction: but This I call alteration. The
Judges did not like the remedy provided by the Legislature:
they therefore put another they liked better
the in its room. As to construction, nothing was there
to construe: for words can not be plainer to the purpose in question, and against the pretended construction given than are those
of the Legislature: full, even to tautology; and peremptory,

Identifier: | JB/028/104/004 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	104	Info in main headings field	construction of statutes
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / b2 / f3 / b4
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9369
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