2 Show. 439. cites 11 Rep. 5,6. Dr. Fofter'sCafe.
* This is a true Rule, but Repeals by Implication are Things disfavcured by Laiv, never allowed of but
to repeal as little of the precedent Law as is pofTible. 10 Mod. 1 1S Arg. cites 1 1 Rep 56 1 Roll
Rep 88. Fofter'sCafe.
But if the Prior .Statutes were Contrary it is othcrwife See I Rep. 25. b. in Porter's Cafe 2 Brownl:
324. in the Cafe of Chalke ▼ Peter.S. C. Cro. J. 121. pi. 4 Dr Laughton v. Gardiner cites S. C.
133. Subfequent Statutes that give a greater Puniffment do not take
away the Power given by a precedent Statute; Per Curiam. See 6 Mod.
141. Paich. 3 Annse B. R. The Cnieen v. Pugh & al'.
134. Right, Intereft, Hereditament, and in as ample Manner in an Act
of Parliament do not extend to a Writ oi Error or Right of Action ; lJ DY tf.
PerCroke j. cites 3 Rep. 2. a. The Marquis of Winchefter's Cafe. TlTi-:
Arg.citesLd. Norris's Cafe. — But the Word Ai'.iais wasnot there. Ibid. i;j,
6 S 2S Eliz.
526
Statutes.
iK 135. 23 Eliz.. 4 is, That the SheriiTpall not take more tbanfo much in
the Pound tor an Execution ; Per tot. Cur. this implies that they pall take
Co much as is not prohibited. Mo. 853. pi. 1166. Pafch. 14 Jac. B.R.
Proby v. Lumley and Mitchell.
SotheSta- 136. Indictment on 14 Car. 2. cap 12. againft Churchwardens and
tutci t z\ H. Overfeers, for not making a Rate to reimburfe the Conltables ; Excep-
tion was taken, That the Statute only puts it in their Power to do fo by
j s T the Word (mav cvc) but does not require the Doing of it as a Duty, lor
is the Omillion of which they arepunifhable; fed non allocatur; For where
a Statute dire&a the Doing of a Thing lor the Sake of Juftice, or the
publick Good, the Word May is the fame as the Word Shall; Thus 23
this does not H. 6. fays, The Sheriff may take Bail ; this is conltrued he mall ; For
Liberty he is compcllible (o to do. 2Salk. 609. pi. 1. 5 W. & M. B. R. The
to do it or Kins and Queen v. Barlow.
Not do it; ° ^
but if they do not do it, they carrot hold z Livings of S 1. Value. Arg. Mod. 4.4.0. Hill. 3SE-
liz. in the Cafe of Robins v. Getrard. ■ — So where the Statute directs that the Ld. Chancellor may
grant a Statute of Bankruptcy. Vera. 154. Pafch. 32 Car. 2. Backwell's Cafe.
137. The fure and true Way to interpret all Statutes in General, whe-
ther Penal, or Beneficial, ReitricUe, or Enlarging of the Common
^' a " ss Law is toconlider thefe4 Things, ill. What the Common Law was before
Jen y the Making the Aft. 2dly, What the Mifchief and Dere£t for which
v;ithin the Common Law did not provide. 3dly, What Remedy the Parlia-
the Mifchief ni ent has refolved, and appointed, to cure the Diieafe of the Common-
t f tefliau"be w ealth< 4 th1 }"' The true Re:lfon of the Remedy, and then the Office of
ta ].\ the Judges is always to makefuchConftruftion as redrelies the* Mifchief
the E. uity and advances the Remedy, and to fupprefs fubtle Inventions and Eva-
ofii Arg. (Jons foi Continuance of the Mifchief, and Pro Privato Commodo, and to
f? 8 ; add Force and Lite to the Remedy, according to the true Intent of the
16. Per" Makers of the Act, Pro Bono Publico. 3 Rep. 7. b. Pafch. 26 Eliz.. in
JMarti.;, & Scac. Heydon's Cafe.
14H. 7. 13.
The true Understanding of the Common Law, and of former Statutes is the Sure Mafter-Expofitor of
the later. 2 Inft.518.
VY here a Mifchief \& to be remeeHeHby a Statute ( the Remedy in the Expofition of the Statute is to be
applied according as the Mifchief does require. Arg. 2 Le. 90. pi. 114 in Foskew's Cafe.
138. It was agreed, That where the Statute of Wcfrm. 2. cap. 35. is,
"that where the Plaintiff' in Writ of Ward Ratione proprii Feodi dies, the
Heir pall have Ref amnions, yet if the Principal Writ was difccntinmd m
the Life of the Father, the Heir ihall not have Refummons ; For the Sta-
tute is intended where the Writ is gone by the Aft of God, viz. Death, but
Difcontinuance is the Folly of trie Party. Br. Parliament, pi. 23. cites
24 E. 3. 48.
Seet.at.t45. 139. Where A£ts of Parliament make a Thing void, it fliall be void to
b Mr n G c ° a " Intents, and fliall have a very Violent Relation. Arg. 2 Jo. 19.
51 ciccs 3H. 7. 15. 4 H. 4. 10. 10 H. 7. 22. b. D. 227. 377. Fitzx
Partition, 2.
140. A fts of Parliament are fo to be conftrucd, as That no Man, that is
innocent or free from Injury or Wrong, be by a Natural Conftruition pu-
nifhed or endamaged. Co. Litt. 360. a.
9? I T 1 "- 141. It is the moft natural and genuine Expofition of a Statute to con-
5 ilrue one Part oi the Statute by another Part of the fame Statute, _ for that
belt expreffes the Meaning of the Makers - 3 As where the Queition upon
the General Words of the Statute of Gloucefter was, Whether a Fine
levied only by a Husband feifed in the Right of his Wire with War-
ranty, fhould' bar the Heir without Aflets : And it is well expounded
by the former Part of the Aft, whereby it is enafted, That Alienation
made by Tenant by the Courtcfy with Warranty mail not bar the Heir,
unleis
Statutes. 527
unlefs Aliets delcend ; and thereiore it lhculd be inconvenient to intend the
Statute in fuch Manner as that he that has nothing but in the Right of
his Wife fhould by his Fine levied with Warranty bar the Heir with-
but AfTets. And this Expoikion is ExVifceribus Aftus. Co. Litt. 381. a. b.
142. And the Words of the Aft of Parliament mull be taken in a
laii ful and rightful Scnfe, As where the Words were (where no Fine is
levied in the King's Court) they are to be underltood (whereof no Fine
is Rightfully and Lawfully levied in the King's Court) and therefore a
Fine levied bv the Husband alone, is not within the Meaning of the Sta-
tute tor that' Fine would work a Wrong to the Wile 5 but a Fine levied
by the Husband and Wife is intended by the Statute, ibr that Fine is
lawful, and works no Wrong: So the Statute of W. 2. cap. 5. fays,
(Ita quod Epifeopus Ecclefiam conferat) is conftrued, Ita quod Epifco-
pus Ecclefiam Legitime conferat, and the like in a Number of other
Cafes in our Books ; And generally the Rule is, Quod Non prxftat Im-
pedimentum quod de Jure'non fortitur Efieftum. Co. Litt. 381. b.
143. And further Conftruftion mult be made of a Statute in Supprefion
cf the Mifchkf, and in Advancement of the Remedy, as by this Cafe it ap-
pears ; For a Fine levied by the Husband only is within the Letter of
the Law; but the Mifchiefwas, the Heir was barred of the Inheritance
of his Mother by. the Warranty of his Father without Aflets; and this
Aft intended to apply a Remedy, viz.. That it mould not bar unleis
there were Aflets ; and therefore the Mifchief is to be fuppreifed, and the
Remedy advane'd, Et qui hseret in Litera, haeret in Cortice. Co. Litt.
144.' The beft Expojitors of all Statutes are our Books, and Ufe or Expe-
rience. 2 In It. 25. „„ in . ..
145. Statures mult be fo construed, as that no Collateral Prejudice grow
thereby. 2 I nit. 112.
146. In Statutes Incidents are always fupplied by Intendment. 2 Inlt.222. .
147. When Laws or Statutes are made, yet there are fame Things
which' are exempted and forepriz'd out of the Provilion thereof by the
Law of Reafon, tho not exprefsly mentioned. See PI. C. 13. b. in the Cafe
of Reniger v. Fogofla.
148. Optimas Legum interprcs efi Confuetitdo. 2 Rep. 81. ThevVall"
W. rnnftrued according to he Expofition made of them by fuch Sages of the Law as lived near the
T>mewhen tlKy we,. Lie. D. 131. P l. 70. Pafch. z & 3 Ph. & M. in the Ode of Hill v. Grange.
140 One Part of an Aft of Parliament may expound another. See
5 Rep. 99. Mich. 40 & 41 Eliz.. in Flower's Cafe. 10 Rep. 138. b.
in the Cafe of Chelter Mills.
1 co An Aft of Parliament binds all but fuch as are fpecially Javed by it.
As if one be Tenant in Tail, and 'tis enafted, That he mall have the
Land to him and his Heirs, he has Fee, and the Tail is determined.
2 And. 148. pl. 82. Hill. 41 Eliz. in the Cafe of Rowland v. Arture.—
cites Broke 28 H. 8. . , . „ ,, . 1 1
151 No Statute, where the Letter is ambiguous, fliall be taken by
Equity contrary to the Letter to maintain a Thing or Mifcbtg contrary to
the Letter or Intent of the Statute, which meant to toll M if chiefs and ln-
conveniencies ; But it (hall be taken in the better Intent and largely to
toll and deitroy the Mifchiefs and Inconveniencies : And thereiore the
Statute of 1 Ph. & M. which provides, That all Trials for Treafbn mail
be made according to the due Order and Courfe ol the Common Law ot
the Land and not otherwife, yet * fiDrorftC, who committed rreafon in * Ad4 l6z ,
Ireland was tried here according to the Statutes before made 35 H. 8. 6c pl. z6 9 .
5 E. 6. notwithitanding the Stat, of 1 & 2 Ph. & M. and fo ,t appears, g». ^
That notwithitanding the General Words of the Statute of 1 & a Ph.
&M the Trial was otherwife; And the Reafon ot this was, 1 hat
Treafon beyond the Sea is as mifchievous as that which is done within
528
Statutes.
the Land ; and therefore it was not the Intent of the faid Statute, That
fuch Treafons ftiould pafs unpuniihed, but intended of thole Treafons
only which might be tried within the Land ; and thofe are fuch as are
dime within the Realm. See 2 And. 149. pi. 82. Hill. 41 £liz. in the
Cafe of Rowland v. Arture.
152. Where an Aft of Parliament [peaks of an AJftgnee&c. 'tis to be
intended of nCompleat Alfignee &c. that has all Ceremonies and Inci-
dents requiftte by the Law to fuch Alfignee &c. or not to take away any
Ceremony or Circumlfmce which the Law requires, nor to do any
Thing contrary to the Common Law. See 5 Rep. 112. b Palch at.
Eliz. B. R. Mallory's Cafe. *
3 Rep. 7. b. 153. Judges are to make fuch Expofition of Laws and Statutes as
Magdalen-' 1 " U ^ r them nDt t0 be elu(itii - Hob - 97- Trin - 7 J ac - M °or v. HufTey.
College's Cafe. See Arg. 10 Mod 544.
154. Judges have Power over Statute Laws to mould them to the trueft
and belt Ule according to Reafon and bell Convenience. Hob. 346. 13
Jac. in the Cafe of Sheffield v. Ratcliffe.
155. A Branch of a Statute lhall not be taken larger than the Body.
Hob. 310. Hill, ijjac. in the Cafe of Wright v. Gerard.
156. Words of a Statute ought not to be interpreted to dejlroy natural
J if ice. Arg. Sci. 81. Hill. 23 Car. B.R. in the Cafe ol Rawion v.
Bargue.
157. V\ hen the Words of a Law extend not to an Inconvenience rarely
happening, and do to thofe which often happen, it is good Reafon not to
it rain the Words farther than they reach, by laying it is Cafus omiifus,
and that the Law intended Quse Irequentius accidunt. But it is no
Reafon, when the Words of a Law do enough extend to an Inconveni-
ence feldom happening, that they lhould not extend to it as well as if it
happened more frequently, becaufe it happens but feldom. Vaugh. 373.
Mich. 25 Car. 2. C. B. in the Cafe of Bole & al' v. Horton.
15S. No Statute lhall be interpreted fo as to be inconvenient and againfi
Reafon. Cart. 136. cites Litt. S. 138. 5 Rep. Cawdrie's Cafe.
159. The A£t of 12 Car. 2. 17. for confirming Parfons prefented in the
late Tunes (who conform as the Statute directs) in their Churches, not-
•withfianding any Act or Thing whatfoever, yet thofe Words do not extend
to one promoted by Simony, as is apparent upon reading the faid Statute ;
Per Cur. Sid. 222. Mich. 16 Car. 2. B. R. Snow v. Philips.
160. It is a known Rule in Interpretation of Statutes, That fuch a
Senfe is to be made upon the Whole, as that No Clatife, Sentence, or
Wirdjhall prove Superfluous, void, or mjigmjic.mt, if by any other Con-
struction they may all be made ufeful and pertinent] Arg. Show 108.
Mich. 1 W . & M.'in Cafe of the King v. Berchett.
161. Where an Act of Parliament creates a new Interefi, it lhall be go-
vern'd by the ItkeLaw fuch Interests were gov ern'd by before; Per Holt
J. 12 Mod. 4S6. Pafch. 7 W\ 3. B. R. in the Cafe of Lane v. Sir Ro-
bert Cotton.
162. Whenever an Aft of Parliament makes an Offence, and is ftlent
in the Manner of Trying it, it lhall be intended to be a Trial per Pais ac-
cording to Magna Charta. Farr. 99. Mich. 1 Annae B. R. The Queen
v. Sturney.
163. W'here an Aft gives Juflices Power generally to determine a Mat-
ter at the Sijions, it mult be according to Law, and as a Courts Per
Holt Ch. J. 6 Mod. 17. Mich. 2 Ann. B. R. Tiie Queen v. Bothell.
164. A Statute was made in Ireland, That every Heir of a Papifl
Pall file the Bifoop's Certificate of his Conformation within a Tear after his
Age of zi, yet he may file it before his Age of 21 ; for the Ad is only
meant as an Encouragement tor Perfons to renounce Popery. MS. Tab.
Tit. Statutes, pi. 1. June 22, 1717. Burk v. Morgan.
(E. 7) Wo.-ds
Statutes. c 2 o
(E. 7) Words of Forfeiture.
I. fT Teems by the Cafe of the Scire Facias brought by the Heir of the Br.ScireFa-
Lord S. B. upon his Reftitution, That where it is enabled by Par- cias, pi. 58.
liament, that the Lord S. B. pall forfeit his Land in life, and m Poffefjion, Cltes s - c -
and certain Feoffees were feifed of a certain Manor in Fee at the time &c. to
the Ufe of the Lord S. and the Heirs Males of his Body, the Remainder to
the Ufe of J. K. in Fee, that nothing fha!l be forieited but the Eftate
Tail to the Lord S. B. only, and not the Remainder in Ule. Br. Par-
liament, pi. 10. cites 7 H. 4. 20.
2. It was enabled by Parliament, That whereas J. S. had beat K. L.
Servant to C. B. coming with his Majtcr to Parliament, Anno 5 H. ^. That
Proclamation Pall be made where the Affray was, and that if the f aid J.
S. does not render himfef before the Jujlices of our Lord the King ad Plan it a
&c. within one 3tiarter of a rear next &c. That the faid J. S. /hall be
ionvibled, and render double Damages by Difcretion of the J aft ices aforefaid,
or by Inquifition; and he rendered himfelf after Proclamation bejore the Chan-
cel/or, and before the King> and not before the Juflices, by which Capias
was awarded, and he did not come, but came alter, and would have
pleaded, and was not permitted, but Judgment given, that the Plaintirr
ihould have Writ ol Inquiry of the Damages to the Sheriff ol L. for
the Ordinance in Parliament was a Judgment in it felt, which, becaule
he has not purfued, the Aft is fuflicient to award Writ of Inquiry ol
Damages ; Quod nota. And alter Anno 9 H. 4. Fol. I. the Plaintiff- was
viewed, and upon the View of his Wounds, the Court awarded double
Damages fcil. 200 Marks, notwithstanding it was alleged, That J. S.
was Dead ; For he was out of Court before, and cannot be warned to
appear again, and this leems to be by the awarding ol the \\ rit ol In-
quiry or Damages. Br. Parliament, pi. 11. cues 8 H. 4. 13. &, 20.
aU 3 Vhenfoever a Statute gives a Forfeiture or Penalty againft him which J* ]g*
wrongfully detains or difpoflfes another of his Duty or Iatere/l, in that Cale deacon ^
he that has the Wrong (hall have the Forfeiture or Penalty, and lhall have Mmey
an A&ion therelore upon the Statute at the Common Law, and the King granted the
lhall not have the Forfeiture in that Cafe. And fo it was adjudged in ™g«*f-
the Exchequer upon Conlerence with other Judges in an Information lor r ^.^
the treble Value lor not fetting out of Tithes in Iclington in the County t0 the King;>
of Cambridge. Co. Litt. 259. a. -*««£
5 Lev. 2S9 Hill. 2 W. & M. C. B. Woodward v. Fox.
4. The Words Qball forfeit )vefts only aRight or Title, and not the ! J^**-
Freehold in Deed, or in Law, without an Office to find the Certainty ol wood>s ^
the Land. PI. C. 486. Nichols v. Nichols.^
5 If an Aft of Parliament gives a Forfeiture for a Collateral Thing,
the Kino- (ball have it, but where it is given in Lieu of Property
and Intereft, it lhall go to the Perfon injured. But where ic is given lor
a Crime the King lhall have the Forfeiture, the' he be not named. Koll.
R. 90. Mich. 12 Jac. B. R. in Cafe of the King v. Dr. Folter. Per
Manwood Ch. B. Mo. 238. pi. 373 ; S. P.
6 Where a Statute
extend to an Eftate Tail, but where it is of all Manner of Inheritances, \^f^
EftatesTail are comprehended. Jenk. 2S7. pi. 21. cliff.
5 X 7. Statutes
530 Statutes. .
7. .Statutes in Point of Forfeiture forfeit no more than a Man hath
'", '; ' I Buc > ec a Statute may give to the King that which a Man has not. Ar<*.'
forfeits &c. Godb. 315. pi. 417. Palch. 21 Jac. in the Exchequer Chamber, in Cafe
Rcmain-i -ClD % HtltCltff, cites 11 Rep. 13. where the Saving was
is raved only to Stranger;,, Not to Donors or their Iifue,and DUfffP'gS Cfll'C, and
; llt .. Old Entries 423. b, c, d.
ds or -1 -j 1 1
g. But if the Statutes gives the Lr.vA by Name unto the Kmg, then the Remainder is not faved, but
ed. Godb. Arg. 315. in Cafe ot Sheffield v. Ratcliffi
ght 8. If a Right of Aclion be given to the King, the Statute of Limita-
not Senro tions ;ind Fines ;irc deirroyed ; For he is not bound by them in Point of
;, Forfeiture. Arg. Godb. 315. cites PI. C. 485, 486. and Scamf. 1S7, 188.
> .' // ords of
\a, becaufe it lies in Piiviry. Arg. Godb. 315. cites 4 Rep. 154. And Arg. Godb. 316. cites ;
Rep. 3.
* Rcfolved 3 Rep. 2. The Marquefs of Winchefier's Cafe.
9. If a. Man has a Rent out of Land, and an Ac! of Parliament givts
the Land in particular to the King, or to a common Perfon, without fay-
ing the Rent; the Rent ihall be extinguished i but this is where the Grant
is General without any Limitation or Qualification ; but when the Act
oi Parliament is limited, and_/?/A Mcdo the Rent contiues ; Per Jones f.
Jo. 235. Pafch. 7 Car. B. R. in Cafe of Falkner v. Bellingham.
10. Where a Statute makes a Forfeiture, and gives Power to feife gene-
rally, without naming any Perfbns that ihall feife, in fuch Cafe any Per-
fon, tho' he is no Officer, may feife for the King. Carth. 327. Trin. 6
W. & M. in Scacc. in Cafe of Martin v. Wilstord.
11. Penalty given by a Statute to be recovered in any Court of Record
muft be taken ltriftly for thofe at Weitminlter, becaufe of its being a
Penal La:v ; and the Courts at W'eftminlter are thofe which the King's
Attorney-General attends. 1 Salk. 178. in the Cafe of WalwyiTv.
Smith, cites Gregorie's Cafe.
Adjudged , 2 . Thefe Words in an Aft of Parliament {to he levied by Difirefs) mull
Anon be underftood ° f Diftrefs and Sale. Said per Cur. Mich. 2 Ann. B R
in the Cafe of Morley v. Staker, 6 Mod. 83. to have been folemnly re-
folved in the Cafe of Davis v. Speed.
13. If a Statute gives a Penalty to be recovered before a Juftice of
Peace, and prefcribes No Method, it mult be by Bill ; Per Holt Ch T
2 Salk. 606. Mich. 2 Ann. B. R. Anon.
14. A Convi&ion for Deer-ftealing was removed againfl A. & B
wherein Judgment was given, That each Ihould forfeit 30 1. It was ob-
jefted, That there ought to be but one 30 1. forfeited ; fed non allocatur-
For the \\ ords of the Aft are, That they Ihall refpecfively forfeit 30 1
and cited Cro. Ehz.. 480. Mo. 453. Noy 60. And this Penalty is not
in Nature ot a Satistaftion to the Party grieved, but a Puniihment on
the Offender, and Crimes are feveral, tho' Debts be joint ; which per
Powell diftinguiihes this from the Cafe of Partridge and Naylor in Cro
El. 480. and Noy 62. 1 Salk. 182. pi. 3. Hill. 10 Ann. B. R. The
Queen v. King &al\
(E. 8) Of
Statutes. 5 g i
(E. 8) Of Saving.
i. Y 7$T H ER E Land Sic. is charged with a Rent-charge, if this Land So where a
l/*i / n Act of Parliament, the Rent is by this difcharged ; Aim has atl
Per Vavifor. " Br. Parliament, pi. 28. cites 21 H. 7. 3. ?%!%*%
which is
given to another by Aft of Parliament, the Annuity is extinft by Gift of the Land by Parliament ; Per
Vavifor. ButFrowick* h. [. held, That the Annuity remained ; For the Parfon is charged, and not
the Parfonage. But he laid nothing to the Cafe of the Land charged given by Parliament. It feems,
that it is not determined ; For they give the Land as the Land is, and it is not like where the Clurgee
enters and makes Feoffment of the Land out of which &c. difcharged &c. But Brooke fays, Quaere;
For it is ufed in Acts to hive a Provilb or Saving tor fuch Rents, Commons, Annuities 8zc. to Stran-
gers. Br Parliament, pi. 2S. cites z\ H. 7. 5.
But fee in the Gaffe of the Afturance by Act of Parliament of Land charged, it feems, That it is net
a Gijt by Parliament, but is ,1 judgment of the Parliament; And Judgment of Land charged fhall not
difcharge the Charge, unlels the Title of the Judgment be betore the Charge. Br. Parliament,
pi 28.
2. If the King be in tit led to the Land of J. S. by Forfeiture of treafon, -And where
or Felony, by Ait of Parliament or Otlice. by this all tenures are determined. the ,"& ",
,-f ',- ; t- 11 1 1 -c w r j r. 1 wtitled to the
as well of the King as of all others; there it this Land after be gtven ?OLandi»Of-
another by another A& or/foment, laving to all others all their Rights, fice for Ef-
Interejis, Titles, Rent, Service Sic. as if no fuch Ac! had been, there the cheat, and
Seigniories &c. lhall not be revived ; For no Seigniory was in Erie at ' rJir .'',! s
the Time of the fecond Act made ; and here are no Words to give any parliament
Reviving, but Words of Saving, which do not ferve but to fave that which that the
is in EJf'e at the Time of the Saving Sic. but fuch Provifh in the firfi AcJ King pall
will ferve : For it came with the Ait which tutitkd the King. Br. Parlia- WV '*»/'"'-
J , tin ">g to all
merit, pi. 77. CltCS 27 H. 3. ethers their
Seigniories
&c. there fuch a Saving will not ferve for the Reafon aforefaid ; For all was extinft before by the Of-
fice, and nothing was in Erie at the Time of the Saving, which was in Ure between the J-Ung and
JjUfclUiirlje in the County of Effex, where Kekewiche loft his Seigniory ; quod nota. But there ought
to te If* ords affirmative, that the Lords ought to have their Seigniories. Ibid.
3. If Act of Parliament gives the Manor of D. Signanter, and by this But if an
Name, to the King, faving Rights of fuch as have Right, or faring the Aft gives
Right of Strangers, the Saving is void, becaufe' it is repugnant j and* / {™ w Tf
the Certainty ot it, and thefpecial Name takes away the Right of thej a . v ] c /lgth f as '
Owner j and alfo the Owner is Party to the Act. Jenk. 196. pi. 4. Right of
(bis). Strangers,
v 'tis good.
Jenk. 21 3. pi. 50.
4. A Saving cannot fave or revive that which is not in Effe without ex-
prefs Words of Grant or Reititution. Dav. 3. b. 4. in Cafe of Proxies.
5. A Saving in an Act of Parliament which is repugnant to the Body ot'
the Aft is void. PI. C. 565. a. in Wallingham's Cafe. — 1 Rep. 47. in
Altonwood's Cafe.
6. The Saving in a Statute is only an Exception of a Special thing out
nf the General Things mentioned in the Statute. 2 And. 192. pi. 8. in the
Cafe of Hallifwell v. The Corporation of Bridgwater.
7. Savings in A£ls of Parliament were! . I <_: late Days. Arg. Godb.
304. pi. 417. Pafch. 21 Jac. in the Exchequer-Chamber, in the Cafe of
Sheffield v. Ratcliffi
8. A Saving of the Rights of all others except the Heirs Sic. of the
Offender &c is an Exclajhm of the Keirs e':c. Arg. Godb: 309. in the
Cafe of Sheffield v. Rateliff
9. \\ here
53 2 Statutes.
lif^V' 9 ' Where a Saving is in Dejfru&ion of all the Purview, it ihall be void
JSTaT J a 339- Hill. 9 Car. B. R. in the Cafe of the King v.'Prieft.
Punriew, but was never allowed to overthrow it quite. Admitted. Arg. ioMod. n< Mich nAnn
C. B. in the Cale of Thornby v. Fleetwood. ■
10. A ,&wȣ never will make a Thing within a Statute, which was
not contained within the Generality of the Premilfes. Per Jones.
(E. 9) Repealing.
S.P. Raym. 1 . TJST HE *N an AcJ of Repeal is repealed, the firit Aft repealed
-Car 2 VV is revived. 12 Rep. 7. cites Spencer's Cale. 15 E. 3. Tit
B R. Anon. Petition 2.
As by
the Repeal:/:? an Jcf which repealed a former M, the firfl: Aft is revived ; So by the Reviving of an JH
■led, the Repealing A& is made of no Force, As where the Act of 1 Eliz. cap. 1 . revived the Act
of 25 H. S. cap. 20. this does impliedly repeal the ift of E 6. which had repealed the 25th of H S
2 Lift. 6S6.
2. But if 3 federal Ails repeal or annul an All, tho' 1 cr 2 of the AcJs
of Repeal or Annullation are repeaPd, yet the other which remains in Force
annuls the firit Aft. See 12 Rep. 7. Pafch. 4jac. the Bifhop's Cafe,
upon the Statutes of 1 E. 6. cap. 2. 1 M. Pari. 1. cap. 2. Self. 2. and 1
Jac. cap. 25.
3. Where one Statute is repealed by another, Ails done in the Mefne
'time fhall ltand, but not if a Statute be declafd null. Jenk. 233. pi. 6.
cites 4 H. 7 ro H. 7.22.