Chain of Acts under his Eyre, the Reader may perceive how the Remedy operated, and how it was counteracted, by which Means he will be better able to judge of the full End and Scope of the Legislature, with respect to the Subject of his Inquiry. It has been thought proper likewise to insert at length, in its proper Order, the Act. of the 13 Eliz. for making the River Lee navigable; as also the 12 Geo. II. for improving its Navigation, a great deal of Property being secured and governed by those Acts.
In this Volume nevertheless, the Reader will observe, that, of some antient Statutes, which are printed at length in the last Edition, the present Editor hath inserted the Titles only, referring to the Appendix or additional Volume, where the Statute will be given at large. As the Acts thus referred to, contain Matter mostly of Curiosity, which can be of Service only to the learned Researchers into Antiquity, it was judged proper to reserve them for the Appendix, in order to relieve those who read solely with a View to Information in the practical Part of the Profession, from the Incumbrance of antiquated Materials, totally useless with relation to their Pursuits. Such therefore may, either take or leave the additional Volume, as their Inclination shall direct them.
Concerning the Statutes in general which are repealed, obsolete, or expired, they will be carefully distinguifhed by particular Marks; several obsolete Terms likewise will be explained: And as many repealed and obfolete[1] Acts, as hath been observed, contain Matter of curious Information, and frequently serve to explain and illustrate obscure and difficult Passages in History; therefore all such as appear most useful in these Respects, will be printed in the Appendix; except they are in their Nature connected with some material Head of Inquiry, such as the Act of Cestui que use, 1 R. III. c. 1. and others above mentioned, in which Case, they will be inserted in their proper Order of Time.
With respect to the Turnpike Acts, the Plan pursued in former Editions will be followed in this. With regard to the Land-tax Acts, a different Method will be observed: For, in former Editions, even of the first Act of this Kind, the Title only is printed, though it governs the subsequent Acts, and though Assessments are made from it. But in the present Edition, the first Act will be given at large, and of the subsequent Statutes of the same Kind, Abstracts only will be made; except where any Clause occurs, which varieth in Substance from the prior Acts: In which Case, such Clause will be inserted at length. The same Plan will be pursued with respect to the Malt-Tax, and other annual, Acts.
- ↑ The Words, Repealed and Obsete. often confounded, and indiscriminately used. But an Act repealed, seems to imply a Statute which has lost its Force, by virtue of a subsequent Act, which directly orders its Effect to cease, over that Subject upon which it was made to operate, leaving the Subject itself still in being: Whereas what is usually, and perhaps improperly, called an obsolete Act, is that which loses its Effect consequentially, by the Annihilation of the Subject itself, on which alone its Power could operate. Of this Kind are all the Acts concerning fedual Tenures, they being rendered obsolete by 12 Car. 2. which abolishes the Tenures themselves. The same may be said of the Statutes concerning religious Houses, in like Manner rendered obsolete by 31 Hen. 8. for the Dissolution of Monasteries, &c. In these Instances, the Statutes of Charles the Second, and Henry the Eighth, do not formally repeal the Feudal and Monastic Laws, but render them obsolete by destroying the Subjects themselves, over which alone their Force could extend. Where the Subject is destroyed, the Adjunct drops of Course. It may be proper to observe, however, that though the Editor has retained the Word Obsolete, which has been used in all former Editions, yet he apprehends that it would be more accurate to fay that these Laws were Superseded; since no Law, in our Constitution, can be properly, termed Obselete.
