per VI. of Trust Funds to Chil dren equally. without having been married, the original and accruing share original share of the survivor of them, so dying, as the share Annuities, and the interest and dividends thereof, or any part VII. REVOCATION of Appointment (see the last of the survivor shall go to the children. TO ALL TO WHOM THESE PRESENTS SHALL COME, the within-named [father] sends greeting. WHEREAS the above- Recitals. named [mother] died on the of day of 18-. — day AND WHEREAS the above-named H. B. died on the day of named A. B. [the eldest son] has under or by virtue of the will of his maternal uncle, G. H., of &c., deceased, become seised of or entitled to certain hereditaments in the county of and is otherwise sufficiently provided for. NOW THESE PRESENTS WITNESS, that the said [father], in Revocation. exercise of the power reserved to him by the above-written deed (m), and of every other power in this behalf him enabling, hereby revokes the appointment made by the above-written deed and the trusts therein declared and contained. And New appointalso in exercise of the power reserved to him by the withinwritten indenture, and of every other power in this behalf him enabling, appoints that the above-mentioned sum of (m) As to election by appointees, where the appointor not having reserved a power of revocation, purports to make a new appointment, see Pickersgill v. Rodger, 15 Ch. D. 163. 3 E B.-VOL. I. ment. VII. Revoca- £ tion and New 37. per Cent. Consolidated Bank Annuities, Appointment. shall remain and be in trust for the above-named C. B., E. Y., F. B., G. B., and I. B. PROVIDED ALWAYS, that it shall be lawful for the said [father] at any time or times hereafter by deed to revoke, &c. (ut ante, p. 785). IN WITNESS, &c. Power of revocation. Appointment. Privileges for temporary non-residence. Stamp. VIII. APPOINTMENT of a Domestic CHAPLAIN by a NOBLEMAN (n). KNOW ALL MEN BY THESE PRESENTS, that I, the Right Honourable G., Earl of -, hereby nominate and appoint the Reverend A. B., of &c., Clerk in Holy Orders, Master of Arts, to be one of my domestic chaplains (o); and to hold and enjoy all the rights, privileges, liberties, and advantages whatsoever due and granted to the chaplains of barons and peers of the United Kingdom of Great Britain and Ireland, under or by virtue of the laws and statutes thereof. Given under my hand and seal this 18-. SIGNED, SEALED (p), AND DELIVERED, in the presence of day of } (n) The number of chaplains which the lords spiritual and temporal and other persons may appoint, is as follows:-An archbishop, eight; a duke, six; a marquis or earl, five; a viscount, four; a bishop, six; the lord chancellor, a baron, or a knight of the garter, three; all peeresses, being widows, two; treasurers of the Queen's household, the Queen's secretary, the dean of the chapel, the Queen's almoner and the Master of the Rolls, two; the judges of her Majesty's Supreme Court of Judicature, the warden of the Cinque Ports, the Chancellor of the Duchy of Lancaster, and the Attorney-General and SolicitorGeneral, one: 1 Stephens' Laws of the Clergy, 265. (o) By the stat. 1 & 2 Vict. c. 106, after imposing penalties for non-residence, it is provided that (among other persons) every chaplain to the Queen, King, Queen Dowager, Queen's or King's children, brothers, or sisters, archbishop or bishop, or House of Commons, "shall with respect to residence on a benefice under this Act be entitled to account the time in any year during which he shall be so as aforesaid, . . . performing duties as if he had legally resided during the same time on some other benefice:" Sect. 38. (p) By the stat. 21 Hen. 8, c. 13, s. 22 (repealed by the stat. 1 & 2 Vict. c. 106, s. 1), a chaplain was required, "when need be to exhibit letters, under the hand and seal of his lord and master, testifying whose chaplain he is." Notwithstanding the repeal, these appointments are usually by deed. Stamp, 10s. IX. APPOINTMENT of a CHAPLAIN by a BISHOP. TO ALL MEN TO WHOM THESE PRESENTS SHALL COME, Appointment. WE, by Divine permission, Lord Bishop of send greeting. Know ye that we, in consideration of the learning, good life, and piety of our beloved in Christ, the Reverend A. B., of &c., clerk &c., hereby nominate and appoint him to be one of our domestic chaplains, to hold and enjoy all the rights, privileges, liberties, and advantages whatsoever due and granted to the chaplains of the bishops and peers of this realm, under or by virtue of the laws and statutes thereof. Given under my hand and seal this day of in the year of our Lord, 18-, and in the year of our translation (2). Signed, Sealed, AND DELIVERED, in the presence of X. APPOINTMENT of a GAMEKEEPER to kill Game, seize Engines, &c. (r), also Fishing Nets, &c. KNOW ALL MEN BY THESE PRESENTS, that I [lord or Appointment. lady], of &c., lord [or lady] of the manor of (q) See ante, p. 786, notes. in the The stat. 1 & 2 Will. 4, c. 32 (which extends only to Game: Stat. England and Wales), by sect. 1, repeals the following statutes:- 1 & 2 Will. 4, 13 Rich. 2, st. 1, c. 13; 22 Edw. 4, c. 6; 11 Hen. 7, c. 17; 19 c. 32. ReHen. 7, c. 11; 14 & 15 Hen. 8, c. 10; 25 Hen. 8, c. 11; 33 pealed Acts. Hen. 8, c. 6; 23 Eliz. c. 10; 2 Jac. 1, c. 27; 7 Jac. 1, c. 11; 22 & 23 Car. 2, c. 25; 4 Will. & M. c. 23; 5 Anne, c. 14; 9 Anne, c. 25; 8 Geo. 1, c. 19; 10 Geo. 2, c. 32; 26 Geo. 2, c. 2; 28 Geo. 2, c. 12; 2 Geo. 3, c. 19; 13 Geo. 3, c. 55; 39 Geo. 3, c. 34; 43 Geo. 3, c. 112; 48 Geo. 3, c. 93; 50 Geo. 3, c. 67; 58 Geo. 3, c. 75, and 59 Geo. 3, c. 102. game certifi pro- cates. By sect. 5 it is provided, that the Act shall not affect any law Act not to in force respecting game certificates (except as thereinafter men- affect laws tioned) either as to game, or as to any woodcocks, snipe, quail, respecting or landrail, or any conies. "And that all regulations and visions contained in any Act or Acts relative to game certificates, so far as they relate to gamekeepers of manors, and to the amount of duty for game certificates to be charged upon or in respect of gamekeepers of manors in the cases specified in such Act or Acts, shall extend and apply to all gamekeepers of lands appointed under this Act, as fully and effectually as if they were gamekeepers of manors, and were expressly mentioned in and charged by such Act or Acts." X. Gamekeeper to Kill Game, &c. laws of trespass. county of hereby appoint [gamekeeper], of &c., yeoman [gentleman or esquire], to be a gamekeeper of and in Every certifi- Sect. 6. "That every person who shall have obtained an cated person annual game certificate, shall be authorized to kill and take may kill game subject to the game, subject always to an action, or to such other proceedings as are hereinafter mentioned, for any trespass by him committed in search or pursuit of game; provided that no game certificate on which a less duty than 37. 13s. 6d. is chargeable, shall authogamekeepers. rize any gamekeeper to kill or take any game, or to use any dog, gun, net, or other engine or instrument for killing or taking game, except within the limits included in his appointment as gamekeeper." Proviso as to * See stat. Under exist ing leases the landlord to have the game, except in certain cases. Act not to af fect agree- or warren. Lords of ma keepers. Sect. 7. "Where the land is occupied under any lease or agreement made before the passing of the Act, the landlord shall have the right of entering, or of authorizing any certificated person or persons to enter upon the land for the purpose of killing or taking the game thereon; and no occupier under such lease or agreement, whether for life or for years, shall kill or take the game, except where the right has been granted under such lease or agreement, or where the lease has been made or renewed upon fine, or in case of a lease or agreement for more than twenty-one years." tract Sect. 8. "The Act shall not give any power over the game to any person seised or possessed of or holding any land where "by any deed, grant, lease, or any written or parol demise or cona right of entry for the purpose of killing or taking the game, has been or shall be reserved or retained by, or given, or allowed to any person; nor affect any reservation, exception, covenant, or agreement, already contained in any private Act of Parliament, deed, or writing relating to the game upon any land, nor prejudice the rights of any lord or owner of any forest, chase, or warren, or of any lord of any manor, lordship, or royalty, or reputed manor, &c., or of any steward of the Crown of any manor, &c. appertaining to his Majesty." Sect. 9. Act not to affect any of the forest rights, &c. of the Crown. Sect. 10. Act not to affect any cattlegates or right of common, but the lord of the manor shall have the game on the wastes, and may grant privileges of shooting, &c. there. Sect. 11. The landlord having the game may authorize others to kill it. Sect. 13 enacts, "That it shall be lawful for any lord of a nors may ap- manor, lordship, or royalty, or reputed manor, &c., or the steward point gameof the Crown of any manor, &c., appertaining to his Majesty, by writing under hand and seal, or, in case of a body corporate, then under the seal of such body corporate, to appoint one or more person or persons as a gamekeeper or gamekeepers, to preserve or kill the game within the limits of such manor, &c., for the use of such lord or steward thereof; and to authorize such gamekeeper gamekeepers. or gamekeepers, within the said limits, to seize and take for the use of such lord or steward all such dogs, nets, and other engines and instruments for the killing and taking of game, as shall be Powers of X. Game my said manor during my will and pleasure, with full power, keeper to Kill license, and authority, within and upon my said manor, to Game, &c. used within the said limits, by any person not authorized to kill game for want of a game certificate.' nors may grant deputa Sect. 14. "That it shall be lawful for any lord of a manor, Lords of ma&c., or any steward of the Crown of any manor, &c., appertaining to his Majesty, to appoint and depute any person tions. whatever, whether acting as a gamekeeper to any other person or not, or whether retained and paid for as the male servant of any other person or not, to be a gamekeeper for any such manor, &c., or for such division or district of such manor, &c., as such lord or steward of the Crown shall think fit; and to authorize such person, as gamekeeper, to kill game within the same, for his own use or for the use of any other person or persons who may be specified in such appointment or deputation, and also to give to such person all such powers and authorities as may by virtue of this Act be given to any gamekeeper of a manor; and no person so appointed gamekeeper, and empowered to kill game for his own use or for the use of any other person so specified as aforesaid, and not killing any game for the use of the lord or steward of the Crown of the manor, &c., for which such deputation or appointment shall be given, shall be deemed to be or shall be entered or paid for as the gamekeeper or male servant of the lord or steward making such appointment or deputation, anything in any Act or Acts contained to the contrary notwithstanding." Sect. 15. "That it shall be lawful for every person who shall Regulations be entitled to kill the game upon any lands in Wales of the clear respecting apannual value of 5007., whereof he shall be seised in fee or as of pointments of gamekeepers freehold, or to which he shall otherwise be beneficially entitled in Wales. in his own right, if such lands shall not be within the bounds of any manor, &c., or if, being within the same, they shall have been enfranchised or alienated therefrom, to appoint by writing, under his hand and seal, a gamekeeper or gamekeepers to preserve or kill the game over and upon such his lands, and also over and upon the lands in Wales of any other person, who, being entitled to kill the game upon such last-mentioned lands, shall by license in writing authorize him to appoint a gamekeeper or gamekeepers to preserve or kill the game thereupon, such last-mentioned lands not being within the bounds of any manor, &c., or having been enfranchised or alienated therefrom; and it shall be lawful for the person so appointing a gamekeeper or gamekeepers to authorize him or them to seize and take for the use of the person so appointing, upon the lands of which he or they shall be appointed gamekeeper or gamekeepers, all such dogs, nets, and other engines and instruments for the killing or taking of game as shall be used upon the said lands by any person not authorized to kill game for want of a game certificate." Sect. 16. "That no appointment or deputation of any person All appointas a gamekeeper by virtue of this Act shall be valid unless ments of and until it shall be registered with the clerk of the peace for the county, riding, division, liberty, franchise, city, or town, wherein the manor, &c., or the lands shall be situate, for or in gamekeepers to be registered with the clerk of the peace. |