A Series of Essays On Legal Topics

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A few concise remarks are now offered to the attention of the diligent student.
The Statutes of i Rich. Ill, c. I, and 27 Hen. VIII, c. 10, being in pari materia are to be construed jointly, and this mode of interpretation is consistent with the inten- tion of the makers of these enactments. The motive The means, not the mo- which induced them to frame the stat- tive, is the immediate 1 1 - r \ subject of construe ut es, whether it were for the preservation tion. j~ r * • of uses, or for their
...extirpation, is at best but a remote clue to the interpretation. In either event, the means taken to bring about the end designed, is undisputed. The makers of both enactments intended, * Reprinted from " The London Law Magazine and London Law Review." Part for May, 1864.
A USE UPON A USE. 95 whatever may have been their conjectures as to the effect of it, to bring the Use within the jurisdiction of the com- mon law, in other words, to convert it into a beneficial legal estate. The Statute of Richard took the initiatory step by investing the cestui que use with concurrent power over the estate with the feoffee to his use, and thus trans- formed the equitable into a legal estate.


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