JB/028/122/002

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14)

Common Law.

the words, where the apparent meaning is conformable to them
or as if in any case the exposition were to be as conformable
to the mere words where the apparent meaning is contrary.
What the me are or what the precise meaning of this aphorism
may be, I must profess I do not easily perfectly understand:
but at any rate, by the universal aspect that is given
it, it seems to clash against the preceding rule: to
reconcile them, that rule must be taken as an exception
[to the] the plain meaning seems to be What I can collect to concerning the matter is that there are
cases where the apparent intent is to be pursued in
preference to the words ordinary import. But this I collect not
from the rule but from the example, which is, that
"by a grant of a remainder a reversion may well pass,
"and é converso". Nothing can be more proper., when such
appears to be the intention of the greater: but why the legal
meaning of the words remainder and reversion should be less
sacred than that of "heirs", and "heirs of the body", is what
I shall leave to be considered. This rule, it should be
understood, whether to command our admiration the manner
for what the reason I know not, is put into Latin:
I saw no reason however why it should not make
it's appearance in plain English along with it's fellows.

A 3d Rule is, that the construction be made upon the
entire deed, and not merely upon disjointed parts of it.
A rule that is perfectly unexceptionable, and might be
very useful, could it possibly enter into a Judge's
head seriously that he might do by a deed as Lord
Peter did by the Will, and [pick and choose what parts

Identifier: | JB/028/122/002 "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	122	Info in main headings field	common law
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b13 / e14 / b15 / e16
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9387
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