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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, 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.
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 lawful
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
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;
kill or take ground game, except members of
destruction of ground game;
demand by any person having a concurrent
deemed to be not an authorised person.
for the purposes of this Act by reason of his having a
sheep, cattle, or horses for not more than nine months.
arable lands), the occupier and the persons auth sed
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
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
to kill and take ground game on any land is vested by lease,
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.
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.)