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The Learned Reading of Sir Francis Bacon Upon the Statute of Uses
The Learned Reading of Sir Francis Bacon Upon the Statute of Uses Author:Francis Bacon General Books publication date: 2009 Original publication date: 1804 Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million book... more »s for free. Excerpt: NOTES AND EXPLANATIONS. NOTE 1. p. 5. (a). V ITH the view of assisting the reader, it was erroneously stated in the margin of the last edition of this work, that this part of it related to the nature of uses before the statute; antl there is reason to suppose, that the error hath conduced to certain false conclusions, Upon which some remarks will be made in note 6. In a subsequent part of this his first discourse (p. 18), our author hath given, -- the inception and progression of the use before the statute; and it is presumed, that the error above noticed, must have arisen from the supposition, that, when he said in the last page, that his first discourse should be ' the nature and definition of an use, and its inception and progression before the statute', -- the word before related to both parts of the sentence, when it was confined to the last, as is evident from his speaking in the present tense throughout the whole of his observations wherein a definition of the use is given. It should be kept in remembrance therefore, that our author is in this place about to give, the nature and definitiondefinition of an use as it was held to be in his time; and his observations upon this head, are applicable to the state of the use at the present day. . NOTE 2. p. 6. (A). Littleton, did not give it as his opinion, that every use amounted to a tenancy at will, for the case put by him is not a general but a particular case, -- it is the case of an use resulting to a feoffor by construction or intendment, and therefore, clearly distinguishable from the cases in the reign of Hen. VII. refered to by Lord B...« less