JB/028/123/002

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18)

Common Law.

that is appears to be intended, cannot, consistently with the
rules of Law be carried into effect; as much of it
as is case shall be carried into effect as is consistent with those
rules; provided I might perhaps add that no disposition be carried into effect
that [was not] appears not to have been intended. [that appears [to have been]
beside the intention.]

The 6th and last of the rules our Author gives us
is "that in a deed, if there be two clauses so totally
"repugnant to each other, that they cannot stand together,
the first shall be received and the latter rejected: wherein
it differs from a will; for there, if two such repugnant
clauses the latter shall stand. Which", continues
"our author, "is owing to the different natures
"of the two instruments; for the first deed, and the last
"will are always most available in Law. Yet in
"both cases we should rather attempt to reconcile
"them". So far our Author; although by the supposition
they are irreconcilable.

When this is the case with two clauses in a Will, the latter is its is in other
stand says the law, shall stand, and very rightly. I
must confess I cannot see why it should be otherwise
in a deed. A deed is either (I am speaking of the
in point of substance of it, and not of the form) as an indenture or a deed Poll, of an
in a Deed in which one party only , second
or a Deed in which t more than one party acts all both parties concerned speaks or stipulate,
or in which one party of them alone speaks alone does. If both parties
it is rather hard, if they choose it not to let them alter change

Identifier: | JB/028/123/002 "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	123	Info in main headings field	common law
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b17 f17 / e18 / b19 f19 / e20
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia with shield emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9388
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