Page images

8. No memorandum or other writing made necessary by this Stamp duty. Act shall be deemed to be an agreement within the meaning of any statute relating to the duties of stamps.

An Act against Fraudulent Deeds, Gifts, Alienations, fc.

13 Eliz. C. 5. (a) 1. Every gift, grant, alienation, and conveyance of lands, Conveyances, tenements, hereditaments, goods and chattels, or any of them, dicairgid med

against creditors. or of any lease, rent, profit, or charge out of the same, by writing or otherwise, and every bond, suit, judgment, and execution, made with intent to delay or defraud creditors, shall, as against such creditors and those claiming under them, be utterly void and of none effect. (b)

5. This Act shall not extend to affect assurances made bona fide and for good (c) consideration to a person without notice of the fraud.

An Act against Covinous and Fraudulent Conveyances.

27 ELIZ. C. 4. 2. Every conveyance, grant, lease, and incumbrance of lands, Conveyances, tenements, or hereditaments, made with intent to deceive &c., void as

against purpurchasers (d), shall, as against such purchasers and those chasers. claiming under them, be utterly void and of none effect.

4. This Act shall not extend to make void conveyances, assignments, or assurances made for good (c) consideration and bona fide. (C)

5. If any person make any conveyance, gift, grant, demise, or assurance (f) of lands, tenements, or hereditaments, with any

(a) See on this Act, Twyne's case and notes thereto, in the “Student's Leading Cases,” p. 88.

(6) A bona fide assignment of the whole of a debtor's property, present and future, by way of mortgage to secure an existing debt and future advances to a certain amount, is not void as against the creditors of the grantor under this Act, as necessarily tending to defeat or delay them : (Ex parte Games ; Re Bamford, 40 L. T. 789.)

(c) “Good” in this Act means " valuable."

(d) Including mortgagees (Dolphin v. Aylwurd, 4 H. L. 486) and lessees at rack-rent: (Goodright and Humphreys v. Moses, 2 Bla. 1019.)

(e) An assignment of leasehold property can never be voluntary, the liability to pay the rent and perform the covenants of the lease being a valuable consideration : (Price v. Jenkins, 37 L. T. 51.)

c) Not being a mortgage made bona fide and for good [valuable] co sideration : (sect. 6.)


condition of revocation, determination, or alteration at will, and afterwards sell, demise, grant, convey, or charge the same for money or other good consideration, such former conveyance, &c., if not revoked, shall, as against the purchaser, &c., and those claiming under him, be void.

An Act to Amend the Law concerning Games and Wagers.

8 & 9 Vict. c. 109.
18. All contracts or agreements, whether by parol or in
writing, by way of gaming, or wagering, shall be null and void ;
and no suit shall be brought or maintained for recovering any sum
of money or valuable thing alleged to be won upon any wager,
or which shall have been deposited in the hands of any person,
to abide the event upon which any wager shall have been

But the Act does not apply to any subscription or contribution, or agreement to subscribe or contribute, for or towards any plate, prize, or sum of money, to be awarded to the winner lawful


of any

occupation to
kill ground game

Ground Game Act, 1880.

43 & 44 Vict. c. 47. Occupier to have 1. Every occupier of land shall have, as incident to and a brie foroinsh par- inseparable from his occupation of the land, the right to kill

and take ground game thereon, concurrently with any other concurrently person


be entitled to take and kill ground game on the same land : Provided that the right conferred on the occupier

by this section shall be subject to the following limitations : occupation.

(1.) The occupier shall kill and take ground game only by

himself or by persons duly authorised by him in
writing -
(a.) The occupier himself and one other

authorised in writing by such occupier shall be the

with any other person entitled to kill the same on land in his


(a) Where two persons deposit money with a stakeholder to abide the event a walking match between them, that is a wager within this section; and if either party repudiates the agreement before the stakes are paid over, though after the decision of the match, he is entitled to recover his stake from the stakeholder : (Diggle v. Higgs, 37 L, T. 27.)

only persons entitled under this Act to kill

ground game with firearms;
(6.) No person shall be authorised by the occupier to

kill or take ground game, except members of
his household resident on the land in his occu-
pation, persons in his ordinary service on such
land, and any one other person bonâ fide
employed by him for reward in the taking and

destruction of ground game;
(c.) Every person so authorised by the occupier, on

demand by any person having a concurrent
right to kill and take the ground game on the
land, or any person authorised by him in
writing to make such demand, shall produce to
the person so demanding the document by which
he is authorised, and, in default, he shall be

deemed to be not an authorised person.
(2.) A person shall not be deemed to be an occupier of land

for the purposes of this Act by reason of his having a
right of common over such lands; or by reason of an
occupation for the purposes of grazing or pasturage of

sheep, cattle, or horses for not more than nine months.
(3.) In the case of moorlands and uninclosed lands (not being

arable lands), the occupier and the persons auth sed
by him shall exercise the rights conferred by this
section only from the 11th day of December in one year
until the 31st day of March in the next year, both
inclusive; but this provision shall not apply to detached
portions of moorlands or uninclosed lands adjoining
arable lands, where such detached portions of moor-
lands or uninclosed lands are less than twenty-five acres

in extent. 2. Where the occupier of land is entitled otherwise than in Occupier entitled pursuance of this Act to kill and take ground game thereon, if to kill ground he shall give to any other person a title to kill and take such his occupation ground game, he shall nevertheless retain and have, as incident

himself wholly to and inseparable from such occupation, the same right to kill of such right. and take ground game as is declared by section 1 of this Act. Save as aforesaid, but subject as in section 6 hereafter mentioned, the occupier may exercise any other or more extensive right which he may possess in respect of ground game or other game, in the same manner and to the same extent as if this Act had not passed.

3. Every agreement, condition, or arrangement which purports Agreements in to divest or alienate the right of the occupier as declared, given, right are void. and reserved to him by this Act, or which gives to such occupier any advantage in consideration of his forbearing to exercise such


not to divest

contravention of

year, or

right, or imposes upon him any disadvantage in consequence of

his exercising such right, shall be void. Exemption from 4. The occupier and the persons duly authorised by him as game licences.

aforesaid shall not be required to obtain a licence to kill game for the purpose of killing and taking ground game on land in the occupation of such occupier, and the occupier shall have the same power of selling any ground game so killed by him or the persons authorised by him as if he had a licence to kill game; Provided that nothing in this Act contained shall exempt any person from the provisions of the Gun Licence

Act, 1870.
Saving clause. 5. Where at the date of the passing of this Act the right

to kill and take ground game on any land is vested by lease,
contract of tenancy, or other contract bonâ fide made for
valuable consideration in some person other than the occupier,
the occupier shall not be entitled under this Act, until the
determination of that contract, to kill and take ground game on
such land.
For the purposes of this Act, a tenancy from year

a tenancy at will, shall be deemed to determine at the time when
such tenancy would by law become determinable if notice or
warning to determine the same were given at the date of the
passing of this Act.

Nothing in this Act shall affect any special right of killing or taking ground game to which any person other than the landlord, lessor, or occupier may have become entitled before the passing of this Act by virtue of any franchise, charter, or Act of

Parliament. Prohibition of 6. No person having a right of killing ground game under night shooting, this Act or otherwise shall use any firearms for the spring traps


purpose above ground, or killing ground game between the expiration of the first hour poison.

after sunset and the commencement of the last hour before sunrise; and no such person shall, for the purpose of killing ground game, employ spring traps except in rabbit holes, nor employ poison ; and any person acting in contravention of this section shall, on summary conviction, be liable to a penalty not

exceeding two pounds. As to non-occu- 7. Where a person who is not in occupation of land has the pier having right sole right of killing game thereon (with the exception of such

right of killing and taking ground game as is by this Act conferred on the occupier as incident to and inseparable from his occupation), such person shall, for the purpose of any Act authorising the institution of legal proceedings by the owner of an exclusive right to game, have the same authority to institute such proceedings as if he were such exclusive owner, without prejudice nevertheless to the right of the occupier conferred by this Act.


8. For the purposes of this Act,

Interpretation The words “ground game

mean hares and rabbits. 10. Nothing in this Act shall authorise the killing or taking Saving of exist

ing prohibitions. of ground game on any days or seasons, or by any methods, prohibited by any Act of Parliament in force at the time of the passing of this Act.

Abolition of Tenures Act.

12 CAR. 2, o. 24, 8. Where any person shall have any child or children under Father may aptwenty-one years and not married at his death, the father point guardians. of such child, whether born at the time of the decease of the father, or at that time in ventre sa mère, or whether such father be within the age of twenty-one years or of full age, may, by deed (b) or will, in such manner, and from time to time as he shall respectively think fit, dispose of the custody and tuition of such child or children during such time as he or they shall respectively remain under the age of twenty-one years, or any lesser time.

9. The person or persons to whom the custody of such child Powers of or children shall be disposed or devised may take into his or

guardians. their custody, to the use of such child or children, the profits of all lands, tenements, and hereditaments of such child or children, and also the custody, tuition, and management of the personal estate of such child or children till their respective age of twenty-one years, or any lesser time, according to such disposition aforesaid. (C)

An Act for the more effectual discovery of the death of

persons pretended to be alive, to the prejudice of those who claim estates after their deaths.

6 ANNE, C. 18. 1. Any person or persons who shall have any claim or demand Production of

cestui que vie. (a) And see sect. 59 of 45 & 46 Vict. c. 38, post, title “Settled Estates."

(6) This means a testamentary instrument in the form of a deed: (Ex parte Earl of Ilchester, 7 Ves. 367)

(c) If a female ward marry before twenty one, the guardianship will cease, but not in a case of a male ward marrying before that age : (Mendes v. Mendes, Atk. 625; 1 Ves. 90.) Neither a mother (Ex parte Edwards, 3 Atk. 519), a grandfather (Blake v. Leigh, Ambl. 306), nor a stranger (Powell v. Cleaver, 2 Bro. C. C. 500) can appoint a guardian. The father of an illegitimate child is regarded as a stranger, but where he nominates persons in his will as guardians, the court will generally appoint them : (Ward v. St. Paul, 2 Bro. O. C. 583.)

« PreviousContinue »