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5
Construction
even to impatience. All such Leases says the Legislators
other than for the Term of one and twenty
"years or three lives⊞ ⊞ understand of the Lessees ... shall be utterly void
"and of none effect, to all intents constructions and purposes;
"any Law, custom or usage to the contrary notwithstanding".
Nay say the Judges, but all such
Leases shall not be void; for it is not necessary they
should, to answer the purposes of this act: A lease
for any term shall be good during the granter's
life: for as to making it void, tho' the Legislature
did, it is more than the Legislature need have
done. Nothing more unexceptionable in the mouth
of a Legislator, nothing more unsupportable in that
of a Judge. What renders this act of presumption
the less excusable is that it had scarce an object:
for considering the advanced age at which men must be
at ere they arrive at these ecclesiastical dignities, the differences superiority
in value to a lessee between of a lease for the incumbent's life and such a lease as
the act allows and is in general could be next to nothing.
The next Rule is that "a Statute which treats of
"things or persons of an inferior rank, cannot by any
"general words be extended to those of a superior. So a
"Statute treating of "Deans, Prebendaries, Parsons,
"Vicars, and others having spiritual promotion", is
"held not to extend to Bishops though they have spiritual
"promotion; Deans being the highest persons
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Identifier: | JB/028/105/001 "JB/" can not be assigned to a declared number type with value 28.
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028 |
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105 |
construction |
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001 |
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text sheet |
4 |
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recto |
f5 / b6 / f7 / b8 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9370 |
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