A Treatise on the Construction of the Statutes; 13 Eliz. C. 5, and 27 Eliz. C. 4, Relating to Voluntary and Fraudulent Conveyances, and on the Nature and Force of Different Considerations of Support Deeds and Other Legal Instruments, in the Courts of Law a (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1800. Not illustrated. Excerpt: ... SECTION III. The principle of expounding beneficially and equitably all statutes against fraud is agreeable to those strong maxims of resistance to all shapes of covin and deceit manifested by our legal and equitable jurisdictions. Notwithstanding these laws are greatly penal, the rule still holds of giving them an extended and liberal exposition (a). In bits enim quasunt Javo (a) Statutes made in suppression of deceit and covin shall be equitably expounded, although they are greatly penal. Plowtl. Comm. Wimbip> v. Tailboys, 59. and see 1 Rep. 131. The slat. 1 H. 7. c. I. which gives a formedon in remainder against the pernor of the profits was made in suppression of covin (for a seoffment made to persons unknown to defraud those who had right to the land was a great covin and deceit in our law] (hall be equitably expounded. Plowd. 59. And the stat. of Marlbridge speaks of those " who used to enseoff their eldest sons and heirs being within ageyet if a man's fir/} son be dead, and he enfeoff his second son, who is his heir, it is within the equity of favorabilia anim y quamvis sunt damnosa rebus, fiat aliquando extenfio Jiatuti. The of the statute; or if he levy a fine to him, which is matter of record, this shall be within the equity of the statute, though it speaks only of a feoffmenl. Id. ibid. So the statute 32 H. 8. c. 9. (hall be extended by equity, being enacted for the suppression os fraud in buying pretended titles; and lenses for years as well as higher estates, shall be intended by it. Plowd. 78. Partridge v. Strange and Croker. So the flat. 31 1. c. 6. to prevent simony is to be largely expounded though penal. Hob. 75. The King v. Bijhop of Norwich. Statutes in suppression of fraud bind the king; as in the case of Magdalen Coll. 11 Rep...