JB/028/107/003

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15)

Construction

Upon this footing, continues he, the Statute of 13
Eliz. c.5. which avoids all gifts of goods &c. made
to defraud creditors and others, was held to extend
by the general words to a gift made to
defraud the Queen of a forfeiture.

The liberality of this [construction] consists in giving
some sense a meaning to the word others, and in deeming the
Queen when she is not a creditor, to be another person.

⊞ v. Inserenda

"The 7th Rule is that "where the Common Law
"and a Statute differ, the Common Law gives place
"to the Statute; and an old Statute gives place
"to a new one". What is not scarce worth mentioning,
as a matter of instruction for any danger there is of a person's entertaining
a different apprehension, he mentions: which is the rule
itself. What might be perhaps in some measure worth
mentioning [as a means of justifying as a matter of satisfaction the general
persuasion] he says nothing of: and that is the reason of it. That reason
has been already given. Not but our Author too thinks
he has given gave the reason too; at least, what comes to
pretty much the same thing, "the general principle
"it stands upon": because he then said
the same thing, as he now does over again, in
Latin. "And this", says he, "upon the general
principle laid down in the last Section, that "leges
posteriores

Identifier: | JB/028/107/003 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	107	Info in main headings field	construction
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f13 / b14 / f15 / b16
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9372
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