From the Reign of Edward VI. to the End of the Reign of Elizabeth

From the Reign of Edward VI. to the End of the Reign of Elizabeth

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ... curate resides, without absenting himself for forty days in one year. These two acts of 13 Elizabeth were explained by stat. 14 Elizabeth, c. 11. As to the last of them, it was thought that bonds and covenants to enjoy land, not bein leases, were not within the restriction of the statute; w%l6l, ef0I'6 it is declared, ' that all bonds, contracts, covenants, and promises, and by stat. 43 Elizabeth, c. 9, all judgments for permitting any enjoyment of a benefice with cure, or to take the profits, shall be adjudged of the same force as leases; and the like engagements made by curates are to (a) It was held that bishops were not included under these general words, for that it was not to be presumed that parliament would express the greater dignitaries after the lesser in mere general words, ---an important principle of statutable construction (Golda, 171; Godb., 395; 1 Jones, 186; Archbishop of Cil1ll61'b, U7"II/,8 G0-se, 2 Ooke'.s Reps., 47). 1 13 Eliz., c. 20. (a) Upon this statute, it was held that a lease, made during a term for years for three lives, reserving the ancient rent, was void, even although confirmed by the dean and chapter, and did not bind the bishop's successors (Master v. Wright, Cro. Elia, 141). And the principal reason was that, by the words of the statute upon leases ma de by bishops, the ancient rent must be reserved, and yearly payable; and in this case the rent reserved in the grant for lives in reversion, although due, could not be recovered by the successor during the lease for years, not by distress or action of debt, being reserved upon a lease for life, nor by assize, for he had no seisin (Ibid.); and so it could not be due or payable according to the statute. (6) Upon this...
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Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236750829
  • 9781236750822