« 이전계속 »
Certain debts, &c., prevail against.
Declaration in will.
shall be sued for or obtained within the period during which such right of entry or action might be enforced.
4. No widow shall be entitled to dower out of any land which shall have been absolutely disposed of by her husband in his lifetime, or by his will. (a)
5. All partial estates and interests, and all charges created by any disposition or will of a husband, and all debts, incumbrances, contracts, and engagements to which his land shall be subject or liable, shall be valid and effectual as against the right of his widow to dower. (6)
6. A widow shall not be entitled to dower out of any land of her husband when in the deed by which such land was conveyed to him, or by any deed executed by him, it shall be declared that his widow shall not be entitled to dower out of such land.
7. A widow shall not be entitled to dower out of any land of which her husband shall die wholly or partially intestate, when by the will of her husband, duly executed for the devise of freehold estates, he shall declare his intention that she shall not be entitled to dower out of such land or out of any of his land.
8. The right of a widow to dower shall be subject to any conditions, restrictions, or directions which shall be declared by the will of her husband, duly executed.
9. Where a husband shall devise any lands out of which his widow would be entitled to dower if the same were not so devised, or any estate or interest therein to or for the benefit of his widow, she shall not be entitled to dower out of any land of her husband unless a contrary intention shall be declared by his will.
10. A gift or bequest by a husband to his widow of personal estate or of land not liable to dower shall not bar dower unless a contrary intention shall be declared by his will.
11. An agreement by a husband not to bar dower may be enforced in equity.
12. Legacies bequeathed to widows in satisfaction of dower are to continue to have priority over other legacies.
13. No widow shall hereafter be entitled to dower ad ostium ecclesiæ, or dower ex assensu patris.
14. The Act takes effect from the 1st of January, 1834.
Directions by will.
Devise to widow bars dower.
(a) A general devise is within this section : (Lacey v. Hill
, 19 Eq. 346.) (6) But the widow's right to dower prevails as against mere creditors: (Spyer v. Hyatt, 20 Beav. 621.)
agency not to
40 & 41 Vict. 39.
2. Where any agent or person has been entrusted with and Rovocation of continues in the possession of any goods or documents of title to prejudice third goods within the meaning of the principal Acts as amended by party. this Act, any revocation of his entrustment or agency shall not prejudice or affect the title or rights of any other person who, without notice of such revocation, purchases such goods, or makes advances upon the faith or security of such goods or documents.
3. Where any goods have been sold, and the vendor or any Retention of person on his behalf continues or is in possession of the docu- title by vendor. ments of title thereto, any sale, pledge, or other dispositions of the goods or documents made by such vendor or any person or agent entrusted by him with the goods or documents within the meaning of the principal Acts as amended by this Act, shall be as valid as if such vendor or person was an agent or person entrusted by the vendee with the goods or 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 that the goods have been previously sold. 4. Where any goods have been sold or contracted to be sold, Obtaining of
documents of and the vendee, or any person on his behalf, obtains the pos- title by vendee. session of the documents of title thereto from the vendor or his agents, any sale, pledge, or disposition of such goods or documents by such vendee so in possession, or by any other person or agent entrusted by the vendee with the documents within the meaning of the principal Acts as amended by this Act, shall be
(a) It has been thought sufficient, in reference to the previous Factors Acts (see sect. 1), to give the student the following summary of their effect :- First, where goods or documents for the delivery of goods are pledged as a security for present or future advances, with the knowledge that they are not the property of the factor, but without notice that he is acting without authority, in such case the pledgee acquires an absolute lien. Secondly, where goods are pledged by a factor without notice to the pledgee that they are the property of another, as a security for a prePristing debt, in that case the pledgee acquires the same right as the factor had. Thirdly, where a contract to pledge is made in consideration of the delivery of other goods or documents of title, upon which the person delivering them up had a lien for a previous advance (which is deemed to be a contract for a present advance), in that case the pledgee acquires an absolute lien, to the extent of the value of the goods given up: (2 Chitty's Statutes, 4th ed., 1082.)
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 bona fide and for valuable consideration, the lastmentioned transfer shall ha he 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.
Effect of estates created by parol.
29 Car. 2, c. 3.
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)
3. No leases, estates, or interests, either of freehold or terms of years, or any uncertain interest (not being copyhold) of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments shall be assigned, granted, or surrendered unless by deed
(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. É 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. Tomlin, 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 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)
Representations as to character.
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.) 6. No action shall be brought whereby to charge any person 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)
7. The 17th section of the Statute of Frauds (29 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.
(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.)