i

tion of marriage ought to be carried; it being settled that a deed may be fraudulent as to one person, and good as to another. In some cases it has been held, that the consideration of marriage extends, not only to the estates limited to the husband and wife and their issue, but also to the estates limited to any. branch of the husband's family.

v. Kemis,

68. Thus where a person, in consideration of the Jenkins marriage of his son, and of £2,000 marriage portion, Hard. 395. settled the premises to the use of himself for life, remainder to his son and the heirs of his body by that marriage, remainder to the heirs of the body of his son by any other wife; it was contended that this last limitation, not being within the consideration of the marriage settlement, was voluntary, and therefore void against subsequent purchasers. But Lord Hale said, that the consideration of the marriage and marriage portion would run through all the estates raised by the settlement, though the marriage was not concerned in them, so as to make them good against purchasers, and to avoid a voluntary conveyance.

2 Lev. 105.

69. So where a person covenanted, in consideration White of the marriage of his eldest son, and a marriage Stringer, portion, to settle lands on him in tail, remainder to his second son; it was held that the consideration extended to the second son; and therefore that the settlement was not fraudulent against creditors.

Osgood V. Stroud,

2 P. Wms. 245.

Ball v.

Prec. in Cha.

Staplehill

70. On the other hand there are several cases where the consideration of marriage has only been allowed Burnford, to extend to the immediate objects of the settlement, 113. and not to any remote ones. Thus it is said by Lord Macclesfield in 10 Mod. 534, that where there is a marriage portion and settlement, that part of the settlement only which belongs to the wife, and 249.

v. Bully,

Id. 224.

2 F. Wms.

ante, § 68.

Reeves v.
Reeves,

9 Mod. 132.

Settlement

on her Children.

children by that wife, can be esteemed to be founded
upon the consideration of that marriage; for it was
absurd to imagine that the friends of the wife should
be supposed at all concerned about the remote uses
of the settlement, upon persons to whom they were
entire strangers.
And as for the case of Jenkins v.
Kemis, it ought not to be understood in so absurd a
sense as that came to the meaning of the case was
no more than this; that a father, where he makes a
marriage settlement upon one son, has such a fair
and justifiable opportunity offered him of providing
for his other children, as that if he thinks fit to lay
hold upon and embrace it, by inserting in the settle-
ment provisions for them, such provisions shall never
be deemed fraudulent, and as such set aside in favour
of creditors.

71. In another case Lord King has said, that where a settlement was made by the father, or other lineal ancestor, in consideration of the marriage of his son, in such case all the remainders limited to his children and their posterity were within the consideration of the settlement. But where it was made by a brother, or other collateral ancestor, on his marriage, there, after the limitations to his own issue, allthe remainders limited to his collateral kindred were voluntary, and not within the consideration of the marriage settle

ment.

72. There is one case in which a conveyance, by a Widow founded on a moral consideration only, has been held good against a subsequent purchaser; namely, that of a widow making a settlement on her children previous to her marrying a second husband.

Newstead v. Şerles,

Atk. 265,

73. Thus where a widow, who had two children, by articles previous to her second marriage, with the

consent of her intended husband, settled her estate upon her two children. The husband and wife afterwards mortgaged the estate to a person who had notice of the settlement.

Lord Hardwicke said, the question was, whether the articles were for a valuable consideration, and binding; or ought to be considered as voluntary and fraudulent, with respect to subsequent creditors, or purchasers. And if he was to lay it down as a rule that such articles were not binding, it would become impossible for a widow, on her second marriage, to make any certain provision for the issue of a former; and the second husband might then contrive to defeat the provision made for those children. He therefore decreed, that the articles ought not to be considered as voluntary; for there were reciprocal considerations, both on the part of the husband and the wife; and the mortgagee had notice of the articles.

TITLE XXXII.

DEED.

CHAP. XXVIII.

Of registering and enrolling Deeds.

2. Register Acts.

12. An Appointment must be re-
gistered.

14. Registering an Assignment is

not a Register of the Lease.

16. Registering is not Notice.

25. The Notice must be fully

proved.

28. Utility of the Register Acts,
30, Register of Annuities.
31. Register of the Bedford Le-
vel.

20. Notice takes away the Effect 32. Enrolment of Deeds.

of registering.

SECTION 1.

RegisterActs.

BY

Y the common law, every deed took place accor, ding to the priority of its date or delivery; in consequence of which, purchasers and mortgagees were frequently defrauded by means of prior conveyances, with which they were unacquainted.

2. To remedy this inconvenience, in certain parts of the kingdom, several acts of parliament have been made, called the Register Acts. The first of these is the statute 2 & 3 Ann. c. 4. by which it is enacted, "That a memorial of all deeds and conveyances which, after the 29th day of September 1704, shall be made and executed, of or concerning, and whereby any honours, manors, lands, tenements, or hereditaments in the west riding of the county of York, may be any way affected, in law or equity, may, at the election of the party or parties concerned,

1

be registered. And that every such deed or conveyance that shall at any time after the said day be made and executed, shall be adjudged fraudulent and void against any subsequent purchaser, or mortgagee, for valuable consideration, unless such memorial thereof shall be registered, as by this act is directed, before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim.”

3. By the 7th section it is enacted, "That all and every memorials so to be entered or registered, shall be put into writing in vellum, or parchment, and directed to the register of the said office; and in case of deeds and conveyances, shall be under the hand and seal of some or one of the grantors, or some or one of the grantees, his or their guardians or trustees, attested by two witnesses, one whereof to be one of the witnesses to the execution of the deed or conveyance mentioned in such memorial.”

4. By the 8th section, it is further enacted, "That every memorial of any deed or conveyance shall contain the day of the month and the year when such deed or conveyance bears date, and the names and additions of all the parties to such deed or conveyance, and of all the witnesses to such deed or conveyance, and the places of their abode, and shall express or mention the honours, manors, lands, tenements, and hereditaments contained in such deed or conveyance, and the names of all the parishes, townships, hamlets, precincts, or extra-parochial places, within the said west riding, wherein any such honours, &c. are lying or being, that are given, granted, conveyed, or any way affected or charged, by any such deed or conveyance, in such manner as the same are expressed or mentioned in such deed or