ment in a Particular Cafe, the Act mall not be extended to overthrow or
alter the Common Law but only in t.ofe particular Cafes. Cart. 36. Arg. in
Cale of Cornwallis v. Hood, cites 11 Rep.
Hob. 298. Slade v. Drake. '
17. An Act of Parliament cannot alter by reafon of Time, but the Common
Law may. Per Ask. J. Sti. 190. Hill. 1649. B.R. Anon.
18. When an Aft of Parliament alters the Common Law, the Mean-
ing ihall not be flrained beyond the Words, except in Cafes of publick
Utility, when the End ol the Act appears to be larger than the enacting
Words. Vaugh. 179. Trim 16 Car. 2. in C. B. in the Cafe ot Bedel v
19. When an Act of Parliament makes life of a known firm in the Law
generally, it lhall receive the fame Senfe that the Common Law takes ic
in, and no other. Arg. 6 Mod 143. Pafch. 3 Ann. B. R. in the Cafe
ol Smith v. Harman, cites Hob. 97, 98.
20. A Difference ought to be obferved when a Statute is made to endure c^^f
for a certain Time, and is afterwards made perpetual by a new Aft, or made former Sta-
pcrpetual in Part, and where it is continued with a new Addition : For 'Â»'"â€¢
where a Statute is made perpetual in Part, or in the Whole, without ^""v~vJ
any new Addition or Alteration, the Offence may well be fuppofed a-
gainit the Form of the firit Statute; For that Act is made to continue
Cro. Eliz. 750. pi. 6. Pafch. 42. Eliz. B. R. Dingley v. Moor.
fix. II a Statute is madejor 7 Tears, and after by another Act it is made
perpetual, a Declaration ought to be upon the Lalt Statute. Are Litt
R. 213. Mich. 4 Car. C. B. in the College of Phyiician's Cafe.
22. An Affirmative Continuance of a Perpetual Statutes a limited Time
cannot work an Abrogation of it. Raym. 397. Trin. 32 Car. 2. B R
23. If* temporary Statute be made, and before the Expiration thereof a- The Statute
notherAtt is made to continue it for ever in lull Force to all Intents &c as of Perjury 5
if particularly recited &c. This is all one as if the firit Aft had been Eliz was
made perpetual at firit. Lutw. 221. in a Nota of the Reporter at the com !â„¢ ed
End of the Cafe of Ridley v. Bell. P e unt1 ' th *
J 1 irh nr K
14th of E-
liz.. and then
it was determined, and 27 Eliz. was revived, yet all Informations upon that Statute arc nil*" p d ''"
Statuti 5 Eliz. Per Warburtoa J. Ow. 135. Trin. 9 Jac. in Weft's Cafe Contra Forma
24. If a Parfonhas a term with Condition not to alien, and then comes QZ^r
the Statute againit keeping the Farm, jet it feems the Condition is o-ood Owm*
Arg. 2Brownl. 142. Paich. 161 1. Portington v Rogers. ' effected by
25. Where A. covenants not to do an Act or Thing which was lawful r '
to do, and an Aft ot Parliament comes after, and compels him to do it '
che Statute repeals the Covenant ; So if he covenants to do a lawful Act'
and an Act ot Parliament comes in and hinders the doino- of it the Co'
venant is repeal'd. See D. 27. pi. 278. But if he covenants not to do a
Thing which then was unlawiul, and an Act comes and makes it law-
ful to do it, it does not repeal the Covenant : Per Holt Ch I t Salt
198. Hill. 9 W. 3- B- R- Brewlter v. KidgeJl. J '
6 p 26. An
26. An Ac: of Parliament being Ex pojl facJo, the Conftruftion of the
Words ought not to be itrain'd in Order to defeat a Contract, to the Be-
nefit whereof the Party was well intitled at the Time the Contra6t was
made; Per Raymond Ch. J. 2 Ld. Raym.Rep. 1352. Eait. ioGeo. in
Caie or." Philip V\ ilkinfon v. Sir Peter Meyer.
Contrary to 27. Expofition of a Statute may be contrary to the general Words. Br.
Parliament, pi. 79.
*-/V-\J 28. As thePrerogativa Regis, cap. 1. is,Thatthe King /ball have Citjlody
of all Lands and tenements whereof his Tenants die feifed m Fee, yet ii'the
Tenant had feme hand in fpecial Taile, and feme in general Tail, to which 2
Perfons are Heirs, he fhall only have that which belongs to the Heir ge-
neral. Br. Parliament, pi. 79. cites 12E. 4. 18.
29. So where Part is Guildable, and Part Gavelkind, (o that one is
Heir to the one Land, and another to the other Land ; for the King
Ihall only have that which the Heir ihould have. Ibid. Br. Parliament,
pi. 79. cites 12 E. 4. 18.
Thar-vvhich ^o. Some Things are exempt and excepted out of the Proviiion of
Law and Statutes by the Lav of Reafon, tho' the Words of the Statute are contrary.
lows fhall be PL C. J 3- D - â– Ar o- In tne ^ ale ot Remger v. Fogafla.
taken to be
in Force againjl the Words of Statutes ; Per Montague Ch. J. PI. C. SS. b. Partridge v. Str
31. Judges have fometimes expounded the Words of an Act of Parlia-
ment merely contrary to the Test, and fometimes have taken Things by
Equity of the Text contrary to the Text, to make them agree with Reafon
and Equity. See PL C. 109. b. in Cafe of Fulmerltone v. Steward.
32. Equity is a Conftruftion made by the Judges, that Cafes out of the
Letter of a Statute, yet being within the fame Mifchief, or Caufe of the
making of the fame, Ihall be within the lame Remedy that the Statute
provides ; and the Reafon thereof is, for that the Law-makers could not
pojftbly fet down all Cafes in exprefs Terms. Co. Litt. 24. b.
33. A Statute Ihall not be expounded largely, or by Equity to over-
throw an EJtate. Arg. 3 Le. 133. pi. 184. Pafch. 28 Eliz. B. R. in
Cafe of Wroth v. Countels ol Suliex.
34. It is too general a Ground to put Cafes upon Statutes, where
Things fhall be taken by Equity, but every Statute ftands upon its parti-
cular Reafon, upon Consideration of the Parts of the Statute, the Mif-
chief before, and what Things were intended to be remedied by the faid
Stature: So when a Statute commences with a particular Enumeration, no
other Thing fhall be taken by Equity ; Per Jones J. Jo 422, 423. Hill.
15 Car. B. R. in Cafe of James v. Tintney.
35. An Act which is to take away or clog a Remedy which the Party has
by the Common Law, Ihall not be taken by Equity. See 10 Mod. 282.
Hill. 1 Geo. 1. B. R. in Cafe of Hammond v. Webb.
36. A Statute was made in Ireland, that all Leafes that mould not be
regifier'd by fttch a Day Jhculd be void, the Refpondant who liv'd in the
remotelt Pait of Ireland, not having Notice of the Aft of Parliament,
did not regifter; whereupon another Leafe was made to one who had
Notice of the firft, and regiiter'd, and Judgment brought upon it ; butthe
Refpondcnt was relieved; for the Statute which was made to prevent Fraud,
us\i as a Means to cover it. Note, This Aft of Parliament
appointed to be read at every Altizes and Selfions. MS. Tab. Tit.
Statutes, pi. 3. Feb. 22. 1722. Ld Forbes v. Demiflon.
37. For Equity to relieve againjl the exprefs Provifion ' of Part
liamenty would be the fame as to repeal it ; and Equity will not inter-
Statutes. 5 1 5
pofe againit in notwithstanding Accident or unavoidable Necejfity. MS,
Tab. Tit. Statutes, pi. 4. 1723. Sweet v. Anderfon.
38. The Statute of 9 E. 3. cap. 5. is, 'that that Executor who firjl Extend ,<
tomes pall anfwer, yet it is put in Ufe that he who comes by 1 'â– '*â€¢
anfwer ; quod nota. And this feems to be by an Equity. Br. Parlia- $Â° " ds
ment, pi. 24. cites 4 H. 6. 14. See pl. 95 to
39. Where the Statute de Religiqjis makes Recovery by Default to be 100.
Mortmain, Recovery by Reddttion, by Confcjjlon or Act ion tried is taken by L/VNJ
"Equity, Per Jenny : Quod non negatur. And Per Laicon, The Scatute
extends to Rent and common, which is not Land or Tenement ; quod non
negatur, fcil. the Statute of Mortmain. Br. Parliament, pl. 50. cites
3 E - 4- J 4- r . .
40. Attaint cannot be taken by the Equity, becaufe it is Penal, and
Attaints never were taken by Equity ; For firit the Statute gave Attaint
in Plea Real, and the Plea Perfonal was not taken by Equity, but alter it
was given in Plea of Trelpafs by another Statute where the Damages
palled 40s. and alter the Attaint was given of the Damages as well as of
the Principal ; and therelore ice that it was not taken by any Equity.
Br. Parliament, pl. 20. cites 14 H. 7. 13.
41. "W here the Statute of Gloucejler is of Warranty and Affets by the 'Te-
nant I y the Coartefy, the Warranty- lineal with Aliets to bar the Tail is
by the Equity. Br. Parliament, pl. 20. cites 14 H.' 7. 13.
42. In Scire facias the belt Opinion was, That Scire facias to execute a
Fine of Lands intailcd by the Fine jhall be brought againjl the Pdrnottr of the
Profits by the Equity of the Stat, of Formedon in Defce/ider, and Remainder
againit Parnour 1 H.7. and the Stat, of J^uod eiDtforceat is, That the Plain-
tiff may vouch Ac fi effet Tenens in priori Breve, yet he, who cannot vouch in.
priori Breve, jhall have Jdnod ei Deforceat, as he who loies by Default in
Scire facias or in Writ of Entry in the Quibus againit the Diiieifbr.
Br. Parliament, pl. 21. cites 14 H. 7. 17.
43. And the Statute of 'Gloucejler is, That the Plaintiff pall recover Da-
mages againjl every one who is found Tenant after the Diff'ci/in, and Writ of
Infrujion is taken by the Equity: Per Wood J. Contra in Ail Ion which fup-
pofes Ttle, As Dim fuit infra vEtatem,
Parliament, pl. 21. cites 14 H. 7. 17.
44. And the Statute of Wejlnunjlerz, which gives Cni in Vita, where
the Baron lofes by Default, is, That a Woman after the Death of her Huf-
b and Jhall recover Szc. and by the Equity thereof Cui ante Divortium is
taken to be in the Life of the Husband. Br. Parliament, pl. 21. cites
14 H. 7 17.
45. Such Statutes, as give Remedy which was not a Common Law, lhall S. P. Br.
be taken by Equity, As Writ of Entry in Cafu Provifo is given by the Parliament,
Statute of Glouceiter, cap. 6. And by the Equity of this Statute a Man P 1 -*?
lhall have a Writ of Entry in Coniimili Cafu. Kelw. 96. a. pl. 6. Mich. ^
22 H. 7. Anon.
46. The Words of the Statute of 13 Eliz,. of Fraudulent Grants &c. Co. Litt. 77,
are Be it therefore declared, ordained, and enacled &c. and therelore like Â»â€¢ S. P.
Cafes in femblable Mifchief lhall be taken within the Remedy of this Aft
by reafon of thisWord (Declared) whereby it appears what the Law was
before the Making of this Ait. Co. Litt. 290. b._
47. All Statutes made to redrefs Fraud and to give a fpeedier Remedy S.P. Co.
for Right, being in Advancement of Jujlice and beneficial to the Publick Litt 26< ^ b -
lhall, for that Reafon, be extended by Equity. See Pi. C. 59. b. in the " ;> _
Cafe of YVimbiih v. Talboys.
Suppveffio'i of it ou^ht to have a favourable Conftraftion. See 5 Rep. do. Mich. 32 & 3 ; Eliz. B, R
in Guoch's C.lc.â€” See 5 Rep. 77. b. in Booth's Cafe, S. P.
5 1 6 Statutes.
48. Clergy is denied in the Cafe of Burning of Dwelling- Hottfes by the
Fquity of the Statute of 23 H.8. cap. 1. and in the Cafe of Provifors upon
the Statute of 27 E. 3. trf/>. 1. For theie are Statutes tor the Pubhck
Good ; and therefore lhall be taken by Equity. Jenk. 10 1. pi. 97.
49. Beneficial Statutes have always been taken and expounded by
Fquity Ultra the ltrict Letter, but not contra to the Letter. Arg. Mo.
jo3. Mich. 37 &: 38 Eliz. in the Lord Buckhurlt's Cafe.
50. Acts made Jor Publick Convenience, As the New- River-Water Ail
ought to have a liberalConitruction ; and tho' it mentions the City only,
(hall extend to Places adjacent &c. 2 Vern. 431. New-River Com-
pany v. Graves.
Extended by 51. Where the Statute of Wefiminfler 1. cap. 46. is, That for the Nonage
Equity &c. v j- t iy e fj eir f ffa Dijfetfee or the Heir of the Difieifor the Parol Jhall not de-
barred " '" mur where Frejb Suit is made, and Writ of Entry in the Per & Cui was
\^s~v^s brought againfi the Heir of the Heir of the Dtfflijor, and becaufe he is
Heir alio to the Diileifor, tho' he is not Heir immediate, and alio Frefh
Suit was proved &c. therelbre he was oufled of his Age ; quod nota.
Br. Parliament, pi. 22. cites 24 E. 3. 25, 46.
52. Where it is given by the Statute of Wefiminfler 2. cap. 11. That
a Man pall have Atlion of Debt upon Efcape of a Man condemned againfi
the Goaler, the Atlion does not lie againft the Executor of the Goaler ;
For this is out of the Cafe of the Statute, and alfo is Penal ; and there
is alfo a Statute thereof 1 R. 2. cap. 12. Er. Parliament, pi. 80. cites
41 Aif. 15.
A Statute 53- By the Statute of Wefiminfler 2. cap. 11. De Servient ibus, Balli vis,
which [peaks Sic. That if a Bailiff be found in Arrear in an Action of Account, and
"1 Â°w I'erfon CO mmitted to Ward, and the Warden permits him to efcape, Debt lies
aPlace"â„¢ a g a ' n ^ him of it, and by the Equity Debt lies againfi every other Warden
tainfliallhe upon every other Condemnation in other Atlion ; Per Choke & Pigot. Br.
extended by Parliament, pi. 19. cites 15 E. 4. 20.
others, As where the Statute of 1 R. 2 1 2. gives Adtion of Debt againft the Warden of the Fleet, it
fliall be extended to other Gaolers and Officers. Arg. PLC. 36. in the Cafe of Piatt v. the Sherift of
54. Warranty of Tenant for Life is by the Equity of the Statute, which
fpeaks ot the Warranty of Tenant by the Curtefy. Br. Parliament, pi.
20. cites 14 H. 7. 13.
â™¦ Where 55. When the Words of a Statute enacf a Thing, it en ads all other
I'refpa/s is Things which are in like Degrees ; As where a Statute mentions * Execu-
giventoExe- tor$ ^ j c fl ia ]i extcU( i t0 Adminifirators ; So where a Statute gives Action of
cll'ds carried Wafie againfi Tenant for Life or Tears, by the Equity of this Statute the
away in the Action lies for Tenant for Half a Tear, or lefs ckc. See PL C. 467. a. in
Life of the the Cafe of Eyf ton v. Studd.
ministrators are taken by the Equity. Br. Parliament, pi. 20. cites 14 H 7. 13.
56. Where an Act, of Parliament fays, Jufiices of Peace of fitch a Di-
vi/ton lhall do lb and fo, it is only directory quoad the Divifion ; and any
of the Jultices of the County may do it. Per Holt Ch. J. 12 Mod.
546. Trin. 13 W. 3. B. R. Anon.
57. When an Aft of Parliament makes a new Law, and makes a Crime
Felony, that was not fo before, tho' there be not a Word of Accejfary, yet
they lhall be Felons. Per Gould J. Far. 131. Hill. 1 Ann. B. R. in
Cale of the Queen v. Whiltlcr, cites Palm. 141.
58. A Statute that fays No Scire facias lhall be fued out upon any Bond
in which the Penalty was not taken to the King, his Executors and Admmi-
firators, yet a Bond taken to his Heirs and Sucufiors is good ; for the Statute
is only diiectory. MS. Tab. Statutes, pi. 2. Dec. 4. 1721. Yale v. the
59. Where a Statute fhall be conltrued to extend to Executors &c.
and other Perfons not nam' d therein. See Co. Litt. 293. a. And fee Ibid.
60. Where the Statute of 1 5 H. 6. cap. 5 is, That a Juror in Attain Â£*^^
fhall expend 20 1. per Annum, unlefs in Cities and Boroughs, and be- â™¦Br/o^iT
caufe the Exception is genera/, this Jhall be intended as well of Cities lcnge, pi.
which are Counties in themfelves as others. Br. Parliament 59. cites * 170. cites
12 E. 4. 13. ' â€¢
61. Of the Construction of Exceptions in an Acl of Indemnity of 27 Eliz.
See And. 131.
62. Statutes of Explanation ihall be ccnjlrued only according to the Words, Explanatory.
end not with any Equity or Intendment â€¢ for there cannot be an Explana- L/V^v^
tion upon an Explanation, as it was held in 3 Rep. in QdUtlCC tlltH | CC0 7di n gly'
13nftCt's Cafe; and Jones laid it was fo refol/'d 43 Eliz. in the Court of by Wra Â° '*
Wards, by the Opinion of the Chief Juftices. See Cro. C. 33. pi. 6. Ch. J. in
Pafch. 2 Car. a Cale out of the Court of Wards. Anon. Â¥t ll H kr , an0
Caft ; for if any Expofition mould be rrnde againft the direct Letter of the Expofition made by Par-
liament, there will be no End of Expofinons. And. 34.9. S. C. -And fee Jo. 344, 345. Trin.
1 5 Car. B R. James v. Tintney.
It muft be conft.ued precifely, and no new Interpretation can be made of it ; Per Hutton J. Win.
S5. in Cafe of Hickford v Machin, cites Butler and Baker's Cafe. S. P. Arg. Jo. 35. in Cafe of
Godfrey v Wade, cites S C. of Butler and Baker.
When one Act is made explanatory of another, the Court cannot carry the Explanation farther than is
exprefs'd in that Act, but in an original Statute the Court will make Conftruction according to Equity.
Per Cur. Carth. 306. Dalbury Parifh v. Fofton â€” Comb. 410 Hill. 9 VV. 3. B. R.. S. C. and S. P.
-S P. Poor's Settlements 89. pi. 121. in Cafe
ife of the Parifh of Burclear v. Eatr-Woodhay.
ion fhall always be taken literally; for it is impoflible
Hobart Ch.J. denied that Statutes of Explanation
that an Act of Parliament fhould provide for every Inconvenience which happens. Winch 123. Hill.
22 }ac. C B. in Cafeof Hilliard v. Sanders. S. P. Per Hobert. 2 Roll. Rep. 500, 501.
"~But where the Statute of Explanation is doubtful, it m3y have fuch Exposition as fhall be taken to
ftand with the Scope ar.d Intei tion of the Act, and which fhall be rejfonab!e._ .See Jo. 3 5. 38, 39. Trin.
2i Tac.C. B. Godfrev v. Wade They are always interpreted beneficially. Arg. 3 Rep. 75. iti
Dean and Chapter of Norwich's Cafe.
63. An Explanatory Acl implies a Negative of any Thing elfe. Arg.
2 Salk. 534. in the Cafe of the Queen v. Inhabitants of Buckingham.
64. Statutttm fpeciale Speaali Statuto non derogat' unlefs there are exprefs ^"^/f
Words of Abrogation. Jenk. 198. pi. 11.
65. If an AÂ£t of Parliament is made that all Bifhops or other Juftices,
or all Sheriffs &c. ihall do fuch an Aft, or lhall have fuch Benefit, this
Acl: is calfd an Aft. particular in a Generality, or general in a Particulari-
ty and mult be pleaded becaufe it goes not againlt or lor all the King's
Subjects in general. PI. C. 65. Per Mountague Ch.J. in Cafe of Dy ve
66. Acts general in Words have been conjlrued to be but particular,
where the Intent was particular. See Saunders Ch. B. See PI. C. 204. J/ c 2!/,'but
in Cafe of Stradling v. Morgan. the Reajor?
feneral it is
to be conflrued generally. See 10 Rep 101. b. in Beawfage's Cafe.
67. Judges have always expounded General Statutes according to the
Rules ot the Common Law. 3 Rep. 13. b. in Herbert's Cafe.
68. A General Law does not make that good which was di fabled by a
Particular Statute before. Arg. and admitted by the other Side. Roll.
Rep. 202, 20 v Trin. 13 Jac. B. R. in Cafe of Long v. Baker.
6 Q_ 69. Par*
69. ParticaMr Statutes fhall not go beyond the Words, but General
Statutes which are for the Benefit of the Commonwealth lhall be con-
Jtrtud largely, and by Equity. Arg. Litt. Rep. 247. Paich. 5 Car.
C. B. in the Cafe of the College ot Phylicians v. Butler. cites 12
E. 4. 20.
-;o It is not unufual in Acts of Parliament, efpecially in the more an-
cient ones, to comprehend by Confhuftion a Generality, where exprels
Mention is made only of a Particular, this Particular being taken only as
lnjianccs of all that want Redrefs in the Kind whereof the Previ/lon is 1..
and lb it extends generally ; As, The Statute of Circumfpecte Agatis de
Negotiis touching the Bp. of Norwich, extends to all Bilhops, cites Ficzh.
Prohibition 3. and zd Inft. upon the Expolition of that Ait. So 25 E. 3.
cap.  enables the Incumbent to plead in Quare Impedit at the Suit of
the King, yet this is extended alio to the Suit of all Perfons, cites 38
E. 3. 31. So the Act of i R. 2. [cap. 12.J ordains, That the Warden of
the Fleetihall not permit Prifoners in Execution to go out of the Prifon
by Bail or Ballon, yet it has been adjudged that this Aft extends to
all Goalers, cites PIC. Piatt's Cafe. See 2 jo. 62. Mich. 28 Car. 2.
B. R. in the Cafe of Plummer v. Whichcot.
But no Tub- 7^ General Words in an Aft may be qualified ly fulfeqttent Sentences
Â£3 U !? -1 n or Claufes in the fame Statute. Per Cur. 8 Mod. 8. Mich. 7 Geo 112.x
Words fhall ,_, , , . . , , â€¢ , . , / w,1 /* l<
controul the The Kin S v - Archbilhop ot Armagh.
Words m the EnaB'mg Part. Per Cur. S Mod. 39. Parch. ; Geo. 1721. The King v. Ruffbrd Parifh.
O^V\J 7 2 - Vv here a Statute * prohibits any thing, but limits No Penalty, the
Mfitbea Party offending may be indifted as lor a Contempt againft the Sta'tute
Slick Cro - E ' 6 ^' Hill -4i Elh. B.R. Crouther'sCafe.
Per Twifden J. Mod. 34. Crofton's Cafe Ibid. 233. An Action lies fordoing againft the Pro-
hibition; but that ought to be by Action, Tarn pro Rege quam pro Stipfo. Cro J. 134.. Waterhoule v
10 R . e P- " 5- 73- Where an Aft prohibits or commands the Doing of a Thing for the
Cafcof AdvanCa g e ? f an >' Perfon, fuch Perfon, if injured by a Difobedience to
Marihalfea. that Law, is intitled to an Jcficn, tho' the Statute does not exprelly
â€” Per Coke give one. Arg. Pari. Cafes 122. cites 2 Inft. 55. 74. 118 121
Ch. }. 3 it â€¢
Bulf 115. in Cafes where the Judges cannot othefwife aid the Party grieved.
An Indift- 74. Whenever a Statute makes a Thing criminal, an Information v.- ill
not lie' Per lie u P on the s "tute, tho' not given byexprefs Words. Mod. 6. in
2ju(ticc S a- Tr Â°y'sCale.
Ch. J. 4 Mod 145. Trin. 4W.&M. B.R. The King v. Mariot.
75. Where an Act of Parliament gives a particular Penalty, the Party
lhall not be puniihed by tndiftment. 6 Mod. 86. Mich. 2 Ann B R
laid to have been lo relolved in the Cafe of the Queen v. Watfoa, and
alio in one Caltle's Cafe.
Sate u 76> â€¢ Whe 5 e , a Statute introduces a New Law, and infills a New Puni/l-
points aÂ£L mi "l u " be followed i but where an Aft of Parliament only inflifts
â€ž.,!,) for the \^ cw Pmtjhment Jor an old Offence at Common Law it remains an Offence
doing a ltifl pumihablc as it was before the Aft. So it is in the Cafe of Foreery
whkfwÂ« ur " otVV c Ithftar ' dil ^' the ^ thEliz - reil1ainsfti11 punilhablc as if was
Zqffence at \? l % e that , Scacute - . ^ Raymond Ch. J. Gibb. 66. Paich. 2 Geo. 2.
Common *>â€¢ K - in the Cale of the King y. Woollton.
appoints bow it Jl:a!l berhtwrti, it ft all be puniihed by that Means, and not by Indictment ; Per Cur.
Statutes. 5 1 9
Cro T 6i~ 6" pi 4 Mich 20 ]ac. B. R. Cattle's Cafe.â€” S. C, cited and admitted 2 Show. 30, 51
F'il -o & '* 1 Car; 2. B. R. in the "Cafe of the King v. Stanton. See S. P. Arg. Lane .06. Hill.
8 lac ia the Exchequer in the Cafe of Kitchin v. Calvert. S P. But Contra of an Offence at
Common Law, for which an Act gives a New Penalty or Remedy; For there the Remedy at Common Law
is not taken away without Negative Words; Per Cur. 10 Mod 357. Trin.2 Geo.l. B. R. The King
' If the Aft fays, That the Penalrv fhall be recovered by Bill, Plaint &c. and net otbetv>ife,m Indict-
ment v, ill no" lie 'but that is becaufe of the Negative Words ; Per Twifden J . and Keeling, who be-
fore held othervvife. Mod. 54- Hill. 21 Sc 22 Car. 2. B. R. Crotton's Caie.
77. Where an AÂ£l of Parliament gives aPenaly to the King for doing
fuch an Aft, and docs not make it an Offence inditlable, the Party
ouo-ht to be fued in the Exchequer tor the Penalty as for a Duty veiled
in the Crown ; but is not therefore indelible. Gibb. 47. Hill. 2 Geo. 2.
The King v. Manning.
78. The Statute which fays, 'that Preferments taken before the Sheriff hunt. See
79. The Act of the Feme whoconfents to the Ravifher by 6 R. 2. cap. io\citesS.C
6 is intended of Free Confent, and not for Terror, Doubt, or Durefs, quod
nota the realonable Intendment thereof. Er. Parliament, pi. 55. cites 5
~" 80 Every thing which is within the Intent of the Makers of the Act,
tho' not within the Letter, is as ftrongly within the Aft, as that which
is within the Letter, and the Intent alfo. PI. C. 366. b. in Lord Zouch's
81 The Words of Statutes are not to be coniidered only, but rather All Acts of
thelntentoftheMattcr is to he weighed ; For many Times Things which J"**""?
are within the Words of Statutes are not within the Purview or them, meas ge _'
which extends no further than the Intent of the Makers, which is the Prin- nerai foal!
ciml Thins to be coniidered. Per Cur. PI. C. 464. a. b. Pafch. 15 Eliz. be taken by
' . ^ /â€¢ 1- r- n cÂ» ,AA,Â± re.ifonable
in the Cafe 01 Eylton v. Studde. Conftmction
to be collected out f the Words of the Act itfelf according to the true Intention and Meaning of the Ma-
kers of the Act. See 5 Rep. J. a. Mich. 3 1 & jzElia. B. R. Lord Mountpy's Cafe.
The Intent of a Statute will aid the Obfcurity of the Words in the Conftruction of the Words thera-
felves See PI C 5;. in the Cafe of Wimbilh v. Talbois.
The Inte-t ot the Act isalways to be regarded, and to fuch Purpofe only the Wordsought to be con-