This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1794 Excerpt: ...48. b. 3. E. 4. the land: so here, &c. (186) And further he thought, that the statute is a licence, inasmuch as every man is a party to that: as if the condition of an obligation be, that if the obligor carry twenty quarters of wheat before a certain day into a foreign county, the obligation fhaH be void; and 13..E. 4. ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1794 Excerpt: ...48. b. 3. E. 4. the land: so here, &c. (186) And further he thought, that the statute is a licence, inasmuch as every man is a party to that: as if the condition of an obligation be, that if the obligor carry twenty quarters of wheat before a certain day into a foreign county, the obligation fhaH be void; and 13..E. 4. 3. b. Dkr, before the day a statute be made, which prohibits any man from carrying corn into a foreign county; that is a dispenCo.Lit. 2c.J fation with the condition. (187) And as for the necessity 4' ' 7 " of pleading the statute, he thought it not necessary, for every statute is a common law, if it extend to all men, as that 2. Term Rep. 569. statute does; for the statute touches every man as well as a spiritual one; for it says, that the lease shall be void against the lessors unless it be granted before a certain day, &c. (188) And also the statute is in the care of the Judges, Mo. 303. 619. Noy, whereof they are bounden to take notice; and therefore in lao-the parliament in the 25th year a statute was made which c 21 H 6 Parons a" felonies that were under the sum of twenty 28.. 7. E. 6. 85. a. shillings. If any one should be arraigned before them of fe5.' b.' 19. H. 6. 29 lny U11uer that sum, and acquitted, he shall not have a writ of conspiracy against his indicators, because he was not acquitted in a legal manner, for the Justices did not well in arraigning him, but should have immediately set him at large: to which Fitzherbert assented. (189) Then as to the last matter, Whether it be necessary to allege that Paine has performul all the covenants? they thought it was not; and they founded their reason upon the arguments aforesaid, viz. that Paine was a spiritual person, wherefore the grant to him is void: then it foll...
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