PREFACE TO THE SECOND EDITION. SINCE the First Edition of this book was published, there have been great changes in the law relating to its subject-matter. The law relating to bills of sale has—in consequence of the Bills of Sale Acts, 1878 and 1882, and of very numerous and important decisions upon these two statutes-undergone great alteration. The Married Women's Property Act, 1882, has expressly enacted that settlements by a married woman shall be void against her creditors in cases in which similar settlements by a man would be so void. It has also enabled a married woman to acquire and to confer any property by gift or contract; and, by giving her, as her separate property, property in which, but for that Act, her husband would have had an interest, will probably have the effect of making settlements by her voluntary which otherwise might have been deemed for value. The Bankruptcy Act, 1883, has also to some extent modified the law as to voluntary settlements. There have been many decisions of importance on the Statutes of lizabeth, such as Crossley v. Elworthy, Mackay v. Douglas, Ex parte Mercer, In re Ridler, Price v. Jenkins, Lee v. Mathews (in Ireland), In re Foster and Lister, and Mackie v. Herbertson, which have materially altered or modified the law on the different points they dealt with. A large number of cases have been decided upon the complicated subject of voluntary dispositions of property unaffected by the Statutes of Elizabeth. No pains have been spared to make the revision of this book as perfect as possible, and to include every case which may appear to bear upon its subject-matter, so as to make it a complete and trustworthy book upon the subjects of which it treats. A considerable portion of the book has been entirely re-written, as, for instance, the chapters on the Bills of Sale Acts, 1878 and 1882, on consideration between husband and wife, and on ex post facto consideration; and the more important parts of chapters iv. and v., part iv., being the chapters on the nature and extent of the consideration of marriage and on post-nuptial settlements and ante-nuptial agreements. The whole of that part of the book which treats of voluntary dispositions of property unaffected by the Statutes of Elizabeth has been practically re-written and very greatly enlarged. Frequent reference has been made to the decisions of the Irish and American Courts, and in some cases reference has been made to the divisions of the Upper Canadian Courts. The Statutes of Elizabeth, or statutes which correspond to them, are in force in these countries, and it is therefore hoped that the consideration of some of these decisions may help to the solution of many points which are still doubtful, or in which the English law appears unsettled. A full Table of Cases has been prefixed, with references to all the contemporary Reports, and a Table of Statutes Cited has been added. In the Appendix the two Statutes of Elizabeth against creditors and purchasers have been set out in full, as also the Bills of Sale Acts, 1878 and 1882, for convenience of reference. A new Index has been carefully prepared, which it is hoped will render this book practically useful. The cases have been brought down. to the beginning of October, 1886. 5 STONE BUILDINGS, LINCOLN'S INN, December, 1886. S. W. WORTHINGTON, PREFACE TO FIRST EDITION. To an eminent member of the Equity bar, whose pupil he was, the writer is gratefully indebted for the selection of the subject discussed in these pages. It is one on which, although it has been incidentally touched upon by several writers of great repute and authority, no exhaustive treatise has appeared for more than seventy years. This fact, added to the importance and general interest of the subject, while shewing that such a work is really wanted, and therefore making apology less necessary, at the same time increases the diffidence honestly felt in submitting the present work to the profession. The writer cannot help expressing his surprise that the labours of some far abler pen than his own have not been attracted by a subject so full of interest. The law on the construction of the Statutes of Elizabeth, as it now stands, is the result of more than three hundred years of judicial exposition and decision. By working almost entirely from the reports of decided cases, the writer has aimed at attaining originality, and, by taking every precaution to insure correctness and completeness, has done all in his power to produce a work of some value, as a convenient and trustworthy book of reference. Wherever practicable the opinions of the judges have been given in their own words, and no pains have been spared to make the book as concise and practical as possible without doing so at the expense of perspicuity, or by the omission of any important points. The writer can only throw himself on the indulgence of the learned members of the profession, in the hope that the honest and diligent endeavour to elucidate a subject by no means free from doubts and difficulties, may be allowed to weigh in the scale against faults and shortcomings which he fears will be found to exist in the execution of his undertaking. 3 OLD SQUARE, LINCOLN'S INN, January, 1871. TABLE OF CONTENTS. [The paging refers to the [*] pages.] PART I. THE GENERAL OPERATION OF THE STATUTES OF ELIZABETH AGAINST PAGE. 13 Eliz. c. 5, protects creditors and others-27 Eliz. c. 4, protects purchas- 1 PART II. THE RIGHTS OF CREDITORS Under the Statute 13 ELIZABETH, CAP. 5. CHAPTER I. WHAT KINDS OF PROPERTY ARE WITHIN THE STATUTE, AND WHAT KINDS All property liable to be taken in execution by creditor at time of convey- CHAPTER II. 17 WHAT VOLUNTARY CONVEYANCES ARE VOID AS AGAINST EXISTING CRED- ITORS. All circumstances when deed executed to be regarded-Voluntary convey- 335 |