66 66 mines are considered as part of the foil. I do not agree with the defendant's counsel, that the lord may, "unless restrained by cuftom, dig for mines on the "copyholder's lands: but it is not neceffary to con"fider that question here." Grofe, Juftice." It is extremely dangerous to con"ftrue either deeds or acts of parliament according to "fuppofition. The queftion here is, whether, under "this act of parliament, the mines paffed to the te"nants? The foil undoubtedly paffed; now, what "are the mines but part of the foil? And every "thing, which was intended to be reserved to the lady "of the manor, is expressed; and all those rights are "incorporeal hereditaments, and not like mines. "Then, not only the general words, under which the "allotments were made, are large enough to carry "mines, but the fubfequent exception is not broad 66 enough to fave them. At the fame time, it is rather "extraordinary, that fo valuable a part of the property as mines, fhould not have been exprefsly re"ferved to the lady of the manor, if it had been fo "intended." Effect of the General Saving. § 43. With respect to the general faving claufe, which is inserted in every private act of parliament, difficulties have arisen on the construction of it, where it is contradictory to the body of the act. It is laid down in the cafe of Alton Woods, that a faving in an act of par- 1 Rep. 47 a. liament, which is repugnant to the body of the act, is void; as in Plowden 565, where the supposed attainder of the Duke of Norfolk was, by act of parliament 1 Mary, M m 4 Wood v. 2 Vern. 711. 1 Mary, declared to be void ab initio, faving the eftates and leafes made by King Edward 6th. The faving was held to be void: for, where the attainder was declared to be void, the faving was against the body of the act, and therefore void. § 44. This doctrine appears to have been supported in modern times; it being held, that the general fav. ing claufe in a private act of parliament will not control the provisions, contained in the body of the act, but must be so expounded as to be rendered confiftent with the body of the act, or else be void. and § 45. A private act of parliament was obtained for fale of Lord Stawell's estate, by which it was enacted, that the estate should be vefted in truftees to be fold; and that the money, arising from the fale, fhould be, in the first place, applied to pay the mortgagees, afterwards to pay the creditors by ftatutes, judgements, and recognizances. And, at the clofe of the act, there was a general faving of the rights of all perfons except the heir at law, and others of Lord Stawell's family. Several of the ftatutes and judgments were prior to fome of the mortgages; and, there being a decree for fale and execution of the trust created by the act, a question arose upon a special report, whether the mortgagees fhould be paid in the first place, or whether the creditors by ftatutes, judgements, and recognizances, fhould be let in according to their priority, or be poftponed to the mortgagees. For For the creditors by ftatutes, judgements, and recognizances, it was infifted that their fecurities bound the land, as well as the mortgages: they were, both in law and equity, to be confidered as having a prior right to the subsequent mortgagees. And, although in the beginning of the act it was provided, that the mortgagees fhould be paid in the first place; yet there was a general faving of the rights of all perfons, except the heir at law, and thofe of Lord Stawell's family; and that faving fet the matter at large again, and restored them to their priority. Lord Chancellor." The act exprefsly provides, "that the mortgages fhall be paid in the first place, " and the general faving must not control the express "provifion of the act, but must be so expounded as "to confift with the exprefs preference given to the 66 mortgagees: and he must decree the execution of "the trust accordingly, but feemed to admit that, by "virtue of the general faving in the act, they might “make use of their incumbrances as they could at "law." § 46. In the cafe of Westby v. Kiernan, which has already been stated, the right of the remainder-man, Ante f. 37. expectant on the determination of the eftate tail, was faved, not being excepted in the general faving: and yet he was held to be barred; for otherwife the act of parliament would have been nugatory. § 47. Where the enacting part of an act of parliament, for inclofing the waftes and commons of a 8 manor, Wood v. 2 Vern. 711. The 1 Mary, deelared to be void ab initio, faving the S44. This doctrine appears to have been supported in modern times; it being held, that the general faving clause in a private act of parliament will not control the provisions, contained in the body of the act, but must be fo expounded as to be rendered confiftent with the body of the act, or else be void. § 45. A private act of parliament was obtained for fale of Lord Stawell's eftate, by which it was enacted, that the estate should be vested in trustees to be fold; ; and that the money, arifing from the fale, fhould be, in the first place, applied to pay the mortgagees, and afterwards to pay the creditors by ftatutes, judgements, and recognizances. And, at the clofe of the act, there was a general faving of the rights of all perfons except the heir at law, and others of Lord Stawell's family. Several of the statutes and judgments were prior to fome of the mortgages; and, there being a decree for fale and execution of the trust created by the act, a question arofe upon a fpecial report, whether the mortgagees fhould be paid in the first place, or whether the creditors by ftatutes, judgements, and recognizances, fhould be let in according to their priority, or be poftponed to the mortgagees. For For the creditors by ftatutes, judgements, and recognizances, it was infifted that their fecurities bound the land, as well as the mortgages: they were, both in law and equity, to be confidered as having a prior right to the fubfequent mortgagees. And, although in the beginning of the act it was provided, that the mortgagees fhould be paid in the first place; yet there was a general faving of the rights of all perfons, except the heir at law, and thofe of Lord Stawell's family; and that faving set the matter at large again, and restored them to their priority. Lord Chancellor." The act exprefsly provides, "that the mortgages fhall be paid in the first place, "and the general saving must not control the express provifion of the act, but must be so expounded as "to confift with the exprefs preference given to the "mortgagees: and he muft decree the execution of "the truft accordingly, but feemed to admit that, by "virtue of the general faving in the act, they might "make use of their incumbrances as they could at "law." § 46. In the cafe of Westby v. Kiernan, which has already been stated, the right of the remainder-man, Ante f. 37. expectant on the determination of the estate tail, was faved, not being excepted in the general faving: and yet he was held to be barred; for otherwise the act of parliament would have been nugatory. § 47. Where the enacting part of an act of parliament, for inclofing the waftes and commons of a 8 manor, |