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Funds to Chil

ried, the

original and accruing share shall go to the

of the survivor

original share of the survivor of them, so dying, as the share VI. Of Trustwhich by virtue of the last-mentioned clause shall have sur- dren equally. vived or accrued to the survivor of them, of and in the said without havresidue of the said sum of £- —, 31. per cent. Consolidated ing been marBank Annuities shall go and remain to the said C. B., E. Y., F. B., and G. B., in equal shares: PROVIDED ALSO that it shall be lawful for the said [father] and [mother], or the survivor of them, at any time or times hereafter, by deed to revoke all or any of the trusts and provisions hereinbefore Power of redeclared and contained, of and concerning the said residue vocation. of the said sum of £- -, 37. per cent. Consolidated Bank Annuities, and the interest and dividends thereof, or any part thereof respectively, and to appoint and declare any new or other trusts or provisions concerning the same respectively. IN WITNESS, &c.

VII. REVOCATION of Appointment (see the last
Precedent), and NEW APPOINTMENT (by Endorse-
ment below the revoked Appointment).

other younger children.

TO ALL TO WHOM THESE PRESENTS SHALL COME, the within-named [father] sends greeting. WHEREAS the above- Recitals.

named [mother] died on the

day of

AND WHEREAS the above-named H. B. died on the

of

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18-.

day

18-, an infant and unmarried. AND WHEREAS the said I. B. attained the age of twenty-one years on the day of 18-. AND WHEREAS the abovenamed 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 within- ment. written 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.

VII. Revoca- £

tion and New

31. 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

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(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

of

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in the year of our Lord, 18-, and in the

year of our translation (2).

SIGNED, SEALED, and delivered,

in the presence of

day

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

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 pro- cates. 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.

Every certifi

cated person may kill game subject to the

laws of tres

pass.

county of
hereby appoint [gamekeeper], of &c.,
yeoman [gentleman or esquire], to be a gamekeeper of and in

Sect. 6. "That every person who shall have obtained an annual game certificate, shall be authorized to kill and take 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.
23 & 24 Vict.
c. 90, infra.

Under exist

landlord to

have the

game, except in certain

Sect. 7. "Where the land is occupied under any lease or ing leases the 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."

cases.

Act not to af

fect agreements respecting game

nor rights of manor, chase,

or warren.

Lords of manors may appoint gamekeepers.

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 contract" a 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 manor, lordship, or royalty, or reputed manor, &c., or the steward of 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

used within the said limits, by any person not authorized to kill game for want of a game certificate."

Game, &c.

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.

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