ing of such conveyance without fraud or "collusion." And the two Universities and their Colleges, and (in favour of the Scholars only) the Colleges of Eton, Winchester and Westminster, are exempted from the operation of the Statute, with one restriction only, which has since been taken off by Stat. 45 G. 3, c. 101, The like favour has been extended to the British Museum, by Stat. 5 G. 4, c. 39, s. 3.

(216.) By Stat. 1 Ann. c. 7, the Crown Lands and Hereditaments (except Advowsons) in England and Wales are made inalienable, except that they may be leased for thirty years, or three lives, under the restrictions there imposed. Property forfeited to the Crown for Treason or Felony may however be restored; and this exception is enlarged by Stat. 39 & 40 G. 3, c. 88, s. 12. And several other Acts have also passed, placing certain parts of the Royal Domain at the disposal of Government, with a view to its improvement, or for other purposes.

(217.) By St. 1 Eliz. c. 19, Archbishops and Bishops, and by St. 13 Eliz. c. 10, Colleges, Deans and Chapters, Hospitals, Parsons and Vicars, are prohibited from alienation, (beyond the life, it must be understood, of the Incumbent Co. Litt. 45. a. or Head of the Corporation for the time being,) except by way of lease for twenty-one years or three lives, (or a less period,) "whereupon the accustomed yearly rent or more shall be re"served and payable yearly during the said

Co. Litt. 44. a.

"term." And the leases to which the last of these two Statutes relates are further restricted by St. 18 Eliz. c. 11, which requires that, where any former lease for years is in being, it must be expired, surrendered or ended within three years next after the making of the new lease. The St. 14 Eliz. c. 11, as to houses in Towns which are affected by 13 Eliz., extends the term to forty years, but prohibits leases in reversion, and requires the burthen of repairs to be imposed upon the lessee: it also allows of absolute alienation by way of exchange. By St. 18 Eliz. c. 6, as to leases by Colleges in the Universities, and those of Winchester and Eton, one third of the whole rent is required to be reserved in corn; viz. "in good wheat after the rate of "6s. 8d. the quarter or under, and good malt "at 5s. the quarter or under.”

(218.) It is to be observed that, by the Common Law, Archbishops and Bishops, although they were held to be seised in fee simple in right of their Churches, could make no Assurance to bind their Successors without the concurrence of the Dean and Chapter; and Co. Litt. 67. a. that Parsons and Vicars, though not properly said to be seised in fee simple, but for their lives only, might bind their Successors with the assistance of the Patron and Ordinary; and as Co. Litt. 45. a. the above Statutes are merely restrictive, they do not enable the parties to dispense with the necessary consent.

$43.

Coote Mortg.

236; Doe v.

(219.) By St. 13 Eliz. c. 20, (which is only

& C. 126.

partially repealed by St. 57 G. 3, c. 99, s. 1,) Somerville, 6 B. all Charges upon Ecclesiastical Benefices are made void. This seems to include Mortgages, though. made for the life only, or incumbency of the Mortgagor.

(220.) Anciently the Husband had power Litt. 594. over his Wife's land, by Feoffment or Fine, to make such an alienation of it that she could not lawfully enter upon it after his death, but must pursue her right by Action: this power is taken away by St. 32 H. 8, c. 28, s. 4.

(166, 167.)

307; 2 Bac.

(221.) Statutes which have in view the suppression of fraud or unfair dealing between man and man, may be properly called remedial. Of this kind are those provisions of the Statute of Frauds which make the signature of the Grantor essential to the validity of a Conveyance. By the Common Law, Fraud (as well as Force or 3 Bac. Ab. 294. Duress) renders void the Deed or engagement Ab. 402. of the person against whom it is practised; and the party's own fraudulent intention against others has a like effect as far as they are concerned in affirmance and explanation of which latter rule, (222.) the St. 13 Eliz. c. 5, enacts, that all conveyances, &c. as well of Lands and Tenements as of Goods and Chattels made "of "malice, fraud, covin, collusion or guile," for the intent or purpose of delaying, hindering or defrauding creditors and others of their just and lawful actions, suits, debts, &c. shall be deemed and taken (only as against those persons, their heirs, executors, &c.) "to be clearly

3 Bac. Ab. 311; 1 Fonbl. Eq.

271. n; John

son v. Legard,

6 M. & S. 60.

" and utterly void, frustrate and of none effect;

66

any pretence, colour, feigned consideration, "expressing of Use, or any other matter or "thing to the contrary notwithstanding." But it is provided, that the Act shall not extend to any estate or interest made, conveyed or assured, upon good consideration and bonâ fide, to any person or persons "not having at the time "of such conveyance or assurance to them "made, any manner of notice or knowledge of "such covin, fraud or collusion as is aforesaid."

(223.) The good consideration mentioned in this and the following Statute must be either pecuniary (or at least valuable), or that of an intended marriage which afterwards takes effect. A conveyance made in consideration of "natural "love and affection" is considered as merely voluntary or gratuitous.

(224.) The Statute 27 Eliz. c. 4, (made perpetual by St. 30 El. c. 18, s. 3,) makes void, as against subsequent Purchasers for money or other good consideration, all conveyances, &c. of Lands, Tenements or Hereditaments, made for the intent and purpose to defraud and deceive such Purchasers; " any pretence, colour, "feigned consideration, or expressing of any "Use or Uses to the contrary notwithstanding." But it has a saving of all conveyances made

upon or for good consideration and boná fide.' It also makes void as against the same persons all conveyances "with any clause, provision, "article or condition of revocation, determina

❝tion or alteration, at [the Grantor's] will or pleasure," whether such clause, &c. extend to the whole interest conveyed, or only partially affect it. But there follows a Proviso "that "no lawful Mortgage, made bonâ fide and with

620, &c.

631.

out fraud or covin, upon good consideration, "shall be impeached or impaired by force of "this Act." (225.) It has been repeatedly decided that Sugd. Vend. a Voluntary Conveyance is void under this Act against a Purchaser, though he had notice of it before his purchase: the consequence of which is, (though probably never intended by the Legislature,) that it is impossible to make an absolutely irrevocable free gift of lands or tenements. (226.) The Title however of the person who has made the gift is not likely to be such as a prudent purchaser will afterwards accept; not Sugd. Vend. only because there may have been a good consideration for the prior conveyance, though none appear; a fact of which any evidence may be given, in a Court of Justice, which is not excluded by the express language of the Deed; (227.) but also because a prior purchaser (for Sugd. Vend. such good consideration as the Act requires). Williams, from the voluntary Grantee will have the preferable claim, and this whether he knew the Bac. Tr. 311 ; conveyance to be voluntary or not. (228.) Con- Sugd. Vend. veyances upon Trust, for the payment of debts already incurred, are regarded as voluntary, if there be no appearance of a contract with the Creditors on the occasion; but if any of them

1 Phill.Ev. 555.

630; Smartle

3 Lev. 387.

620.