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Transfers of documents of title.
as valid and effectual as if such vendee or other person were an agent or person entrusted by the vendor with the documents within the meaning of the principal Acts as amended by this Act; provided the person to whom the sale, pledge, or other disposition is made has not notice of any lien or other right of the vendor in respect of the goods.
5. Where any document of title to goods has been lawfully indorsed or otherwise transferred to any person as a vendee or owner of the goods, and such person transfers such document by indorsement (or by delivery, where the document is by custom, or by its express terms transferable by delivery, or makes the goods deliverable to the bearer) to a person who takes the same bonâ fide and for valuable consideration, the lastmentioned transfer shall have the same effect for defeating any vendor's lien or right of stoppage in transitu as the transfer of a bill of lading has for defeating the rights of stoppage in transitu.
6. This Act is not retrospective.
29 CAR. 2, c. 3. Effect of estates 1. All leases, estates, interests of freehold, or terms of years, created by parol. or any uncertain interest of, in, to, or out of any messuages,
manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol and not put in writing and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the
force and effect of leases or estates at will only. Exception. 2. Except leases not exceeding three years from the making
thereof, (a) whereupon the rent reserved shall amount to twothirds at least of the full improved value of the thing
demised. (6) Certain interests 3. No leases, estates, or interests, either of freehold or terms
of granted, &c., by
years, or any uncertain interest (not being copyhold) of, in, to, parol.
or out of any messuages, manors, lands, tenements, or hereditaments shall be assigned, granted, or surrendered unless by deed
not to be
(a) A lease for less than three years, with an option to the lessee at the end of the term, to prolong it for more than three years, is within this exception : (Hand v. Hall, 2 Ex. Div. 355.)
(6) A lease required by this Act to be in writing may be collected from correspondence: (Jones v. Reynolds, 1 Q. B. 506. But see 8 & 9 Vict. c. 106, s. 3, post, title “Real Property (Miscellaneous Acts).")
or note in writing (a) signed by the party so assigning, &c., or their agents lawfully authorised by writing, or by act or operation of law.
4. No action shall be brought whereby to charge (1) any Certain agreeexecutor or administrator upon any special promise to answer writing. damages out of his own estate; or (2) whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person (6); or (3) to charge any person upon any agreement made upon consideration of marriage (C); or (4) upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them (d); or (5) upon any agreement that is not to be performed within the space of one year from the making thereof, (e) unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing (f), and signed (9) by the party to be charged therewith, or some other person
thereunto by him lawfully authorised (h).
7. All declarations or creations of trusts of any lands, tene- Declarations of ments, or hereditaments (i) shall be manifested and proved by some writing signed by the party who is by law entitled to declare such trust; otherwise they shall be utterly void, except
8. Trusts (j) arising or resulting by the implication or construction of law, or transferred or extinguished by an act or operation of law.
9. All grants and assignments of any trust shall be in writing, Assignments of
(a) A surrender (not being of a copyhold interest) or an interest which might by law have been created without writing) must now be by deed : (8 & 9 Vict. c. 106, s. 3.)
(6) Who must himself remain liable: (Birkmyr v. Darnell, 1 Sm. L. C.) The promise must be made to the creditor: (Eastwood v. Kenyon, 11 A. & E. 438.) As to consideration for a guarantee, see 19 & 20 Vict. c. 97, s. 3, post.)
(c) A promise to marry is not within this section.
(d) Railway shares are not an interest in land: (Bradley v. Holdsworth, 3 M. & W. 422.) An agreement giving a right to shoot and carry away game is an interest in land: (Webber v. Lee, 47 L. T. 215.) Leases within sect. 2 are not affected by sect. 4: (Lord Bolton v. I'omlin, 5 Ald. & E. 856.)
(e) This clause is confined to cases where the agreement is not to be performed, and cannot be carried into execution within the time; and not to agreements that may or may not be performed within a year: (Ridley v. Ridley, 1 Bar Rep. 481.)
(f) An agreement in writing may be made by means of a telegram : (Godwin v. Francis, 10 Bar Rep. 361.)
(9) By mark, print, initials, or pencil: (2 Chitty's Statutes, 4th ed. 1225)
(h) The authority of the agent need not be in writing for the purpose of sects. 4 and 17: (Coles v. Trecothick, 9 Ves. 250.) (i) Including chattels real: (Foster v. Hale, 3 Ves. 696.)
" Trusts" include " uses : (Bushell v. Burland, Holt, 733.)
Contracts for sale of goods.
signed by the party granting or assigning the same, or shall be utterly void.
17. No contract for the sale of any goods, wares, or merchandise for the price (a) of 101. or upward shall be good except the buyer shall (1) accept part of the goods so sold and actually receive the same, or (2) give something in earnest to bind the bargain or in part payment, or (3) that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract or their agents thereunto lawfully authorised.(6)
An Act for rendering a written memorandum necessary to the validity of certain Promises and Engagements.
9 GEO. 4, c. 14.(c)
(Lord Tenterden's Act.) Representations
6. No action shall be brought whereby to charge any person as to character. upon or by reason of any representation or assurance made or
given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person to the intent or purpose that such other person may obtain credit (there]upon, unless such representation or assurance be made in writing,
signed by the party to be charged therewith. (d) Extension of 7. The 17th section of the Statute of Frauds (29 Car. 2, c. 3) Car. 2, c. 3.
shall extend to all contracts for the sale of goods of the value of 101. and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery.
sect. 17 of 29
(a) “ Price " is to be read "value," by virtue of 9 Geo. 4, c. 14, s. 7, infra: (Scott v. Eastern Counties Railway Company, 12 M. & W. 33.)
(6) If several articles are bought at a shop at the same time, and each one is under 101., but the total sum is above, this section applies (Baldy v. Parker, 2 B. & C.37); but not to the like circumstances in case of a sale by auction, there being in the latter case a separate contract for each lot: (Roots v. Lord Dormer, 4 B. & Ad. 77.) Mr. Justice Blackstone says that if any part of the price is put down, if it is but a penny, or any portion of the goods is delivered by way of earnest, it is binding." It should be observed that the statute says something is to be given in earnest, and therefore money, or a bill of exchange, or a ring or glove, or, as was the custom of the Jews, a shoe given in earnest of a bargain, and so expressed at the time, would be equally binding : (2 Chitty's Statutes, 4th ed. 1255.) It will be observed that sect. 4 says " no action shall be brought," but sect. 17 enacts that " no contract, 8c., shall be good."
(c) For other sections of this Act, see title “Limitation of Actions." (d) Not his agent: (Swift v. Jeweshury, 9 Q. B. 301.)
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.
13 ELIZ. c. 5.(a) 1. Every gift, grant, alienation, and conveyance of lands, Conveyances, tenements, hereditaments, goods and chattels, or any of them, &c., voidas
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, sball, as against such creditors and those claiming under them, be utterly void and of none effect. (6)
5. This Act shall not extend to affect assurances made bonâ side 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 purchasers (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. (e)
5. If any person make any conveyance, gift, grant, demise, or assurance (s) of lands, tenements, or hereditaments, with any
(a) See on this Act, T'wyne'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 : (Er parte Games; Re Bamford, 40 L. T. 789.)
( ) "Good” in this Act means " valuable.” (d) Including mortgagees (Dolphin v. Aylward, 4 H. L. 486) and lessees at rack-rent: (Goodright and Humphreys v. Moses, 2 Bla. 1019.)
®) 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.)
Not being a mortgage made bona fide and for good (valuable] consideration : (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.
8 & 9 Vict. c. 109.
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 of any lawful game.
43 & 44 VICT. C. 47. Occupier to have 1. Every occupier of land shall have, as incident to and ables from separ- inseparable from his occupation of the land, the right to kill occupation to and take ground game thereon, concurrently with any other kill ground game concurrently person who may be entitled to take and kill ground game on the with any other person entitled same land : Provided that the right conferred on the occupier to kill the same 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
rised in writing by such occupier shall be the
on land in his
(a) Where two persons deposit money with a stakeholder to abide the event of 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.)