Levi Woodbury

“ Considering the purpose for which these acts were made, in order to attain them, they ought to have a liberal construction. The practice of recording mortgages of real estate, lying within this city, in the city registry has been sanctioned by a most extensive and continued usage, from the year 1820 to the year 1837, and it is apprehended that courts will take notice of such usage under a statute. If it is now to be condemned, few titles to city property will be secure. ”

“ These two statutes then relate to the same subject, so far as they relate to the recording of deeds or mortgages; and 'it is to be inferred that a code of statutes relating to one subject was governed by one spirit and policy, and was intended to be consistent and harmonious in its seweral parts and provisions.' It is therefore an established rule of law, that all acts in pari materi a are to be taken together, as if they were one law; and they are directed to be compared, in the construction of statutes, because they are considered as framed upon one system, and having one object in view. ”

“ The terms made use of are general. No particular description of deeds is to be found in any of the acts, but the language used is sufficiently comprehensive to include mortgages, else why introduce into these acts terms which would be inapplicable to the recording of conveyances merely; such as 'all deeds, or other conveyances concerning any lands, or whereby the same may be in any way affected in law or equity'? ”

“ It will be observed that the act 'concerning mortgages,' and the act 'concerning deeds and conveyances,' were approved on the same day. But the act concerning mortgages did not take effect until January, 1828, thus making it have the same operation and effect, as though passed on a day subsequent. If the laws conflict, then the last one will govern. The act 'concerning mortgages' appears from the statute book to have been acted upon by the legislature subsequent to the one 'concerning deeds and conveyances' ”

“ It was an ejectment, brought by the plaintiff, Thomas Beals, a citizen of New York, against Felicite Hale, the defendant, a citizen of the State of Michigan. Nathaniel Weed, Harvey Weed, and Henry W. Barnes were, on application, permitted to defend their title to the premises, claiming that the said Felicite Hale was their tenant, and in possession under them. ”

“ Doug. 30. 'And the rule applies, though some of the statutes may have expired, or are not referred to in the other statutes; Dwarris on Statutes, 700; 1 Burr. 445, 447; Bac. Abr., tit. Statutes, I. 3; 1 Ventris, 244, 246. ”