Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
4. STATUTES against frauds are to be liberally and beneficially
expounded. This may seem a contradiction to the last rule; most
statutes against frauds being in their consequences penal. But this
difference is here to be taken: where the statute acts upon the
offender, and inflicts a penalty, as the pillory or a fine, it is then
to be taken strictly: but when the statute acts upon the offence, by
setting aside the fraudulent transaction, here it is to be construed
liberally. Upon this footing the statute of 13 Eliz. c. 5. which
avoids all gifts of goods, &c, made to defraud creditors _and
others_, was held to extend by the general words to a gift made to
defraud the queen of a forfeiture[i].
[Footnote i: 3 Rep. 82.]
5. ONE part of a statute must be so construed by another, that the
whole may if possible stand: _ut res magis valeat, quam pereat_. As if
land be vested in the king and his heirs by act of parliament, saving
the right of A; and A has at that time a lease of it for three years:
here A shall hold it for his term of three years, and afterwards it
shall go to the king. For this interpretation furnishes matter for
every clause of the statute to work and operate upon. But
6. A SAVING, totally repugnant to the body of the act, is void. If
therefore an act of parliament vests land in the king and his heirs,
saving the right of all persons whatsoever; or vests the land of A in
the king, saving the right of A: in either of these cases the saving
is totally repugnant to the body of the statute, and (if good) would
render the statute of no effect or operation; and therefore the saving
is void, and the land vests absolutely in the king[k].
[Footnote k: 1 Rep. 47.]
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