Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/105

§. 3. ditors and others, was held to extend by the general words to a gift made to defraud the queen of a forfeiture.

5.&ensp; part of a tatute mut be o contrued by another, that the whole may (if poible) tand: . As if land be veted in the king and his heirs by act of parliament, aving the right of A; and A has at that time a leae of it for three years: here A hall hold it for his term of three years, and afterwards it hall go to the king. For this interpretation furnihes matter for every claue of the tatute to work and operate upon. But

6.&ensp;, totally repugnant to the body of the act, is void. If therefore an act of parliament vets land in the king and his heirs, aving the right of all perons whatoever; or vets the land of A in the king, aving the right of A: in either of thee caes the aving is totally repugnant to the body of the tatute, and (if good) would render the tatute of no effect or operation; and therefore the aving is void, and the land vets abolutely in the king.

7.&ensp; the common law and a tatute differ, the common law gives place to the tatute; and an old tatute gives place to a new one. And this upon the general principle laid down in the lat ection, that “.” But this is to be undertood, only when the latter tatute is couched in negative terms, or by it’s matter necearily implies a negative. As if a former act ays, that a juror upon uch a trial hall have twenty pounds a year; and a new tatute comes and ays, he hall have twenty marks: here the latter tatute, though it does not expres, yet necearily implies a negative, and virtually repeals the former. For if twenty marks be made qualification ufficient, the former tatute which requires twenty pounds is at an end. But if both acts be merely affirmative, and the Rh