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of an agreement is designed to form the basis of such agreement,
saves the unnecessary interval of delay which must
otherwise take place between the time of making the proposal
on the one part, and the time of making "default" after payment
in point of agreement on the other.
But though the existing Act, can not, it is feared,
be safely trusted to unexplained (and adopted by simple
reference) for the designation of the conditions on
which the lawfulness of the entry shall depend, yet
no reason occurrs why it may not be made to
serve in the way of reference pro tanto, as as
to every point, in relation to which no alteration
or explanation is herein made, and in particular
as to every thing that concerns the mode
of proceeding by a Jury: – it were a pity
it should not, since then it would then be
necessary to repeat over again the long clauses that bear
relation to that subject: and then it might be
a question whether the corresponding part of the
existing Act should be formally repealed or no:
and, if repealed, by what words it shall be
described for the purpose of such repeal. It
seems difficult to conceive what prejudice can
ensue, what inconvenience can arise, from the
leaving the existing Act pro tanto unrepealed,
and thereby tacitly leaving to the feoffee the option of
proceeding either according to the mode chalked
out by the existing Act, or (where there happens
to be a difference) according to the mode chalked
out by the proposed Act, according as he finds
the one mode or the other best adapted to the
'common purpose of both Acts. In such option
between
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