(3.) Obligations offensive to morality, &c.

Contracts inconsistent

with public policy void.

(1.) Contracts against domestic relations.

(2.) Unlimited
restraints
on natural
liberty of
subject.

from evidence otherwise the Court are satisfied that the cause of granting was of this nature, neither will they enforce that. But where the object of the bond is to enable the man to make reparation to the woman with whom he has been living, and to put her beyond the reach of destitution for the future-when it is not to act as a retaining fee, so to speak, to insure the continuance of the connection, but as a provision on its termination-such a case is not within the rule of law at all."

(3.) "An obligation or stipulation is void which is prejudicial to the feelings or interests of a third party, or offensive to decency or morality, or which has a tendency to mischievous and pernicious consequences; as a contract of sale of obscene and indecent publications; or an obligation to induce an immoral act, as a violation of chastity, or personal injury to another; or a contract which gives a subject of this country an interest in the life of an enemy; or which resolves into an inquiry concerning personal defects or blemishes," 1 Bell's Com. 319 and authorities there cited; Bell's Prin. § 37.

Among contracts and obligations which are void, because they are inconsistent with public policy, may be mentioned the following:

(1.) Bonds not to marry at all, and marriage brocage
contracts, are void, 1 Bell's Com. 321.
(2.) Obligations not to trade within any part of the
country are void; but obligations not to trade
within a particular radius-e.g., in a certain
parish, or within so many miles of a certain
place, have been sustained, 1 Bell's Com. 322;
Bell's Prin. § 40.

against the

(3.) Contracts against the war policy of the nation, (3.) Contracts smuggling contracts, and contracts tending to national war impede the course of justice are void, 1 Bell's Com. 323 et seq.; Bell's Prin. §§ 38-44.

policy, &c.

ground of

or fraud, or

A party can reduce a contract or obligation to which Reduction on he has been induced to give his consent by force and fear, force and fear, or by fraud, or to which he has given his consent when he error in was in unavoidable error either in regard to the contracting parties or the subject-matter of the transaction. Bell's Lectures on Conveyancing, vol. i. 167-178.

See

essentialibus.

deeds under

and at com

The Act 1696, c. 25, provides that "no bonds, assigna- Blanks in tions, dispositions, or other deeds be subscribed blank in 1696, c. 25, the person or persons' name in whose favour they are mon law. conceived, and that the foresaid person or persons be either insert before or at the subscribing, or at least in presence of the same witnesses who are witnesses to the subscribing before the delivery, certifying that all writs otherwise subscribed and delivered blank, as said is, shall be declared null." The Act does not extend to the indorsation of bills of exchange, or the notes of any trading company. To incur the statutory nullity, the writs must both be subscribed and delivered blank, Sinclair, M. 11,559; Ruddiman, M. 11,562. Blanks in a deed may not invalidate it in toto; they may only invalidate the part or parts either subscribed and delivered blank, or filled up after subscription and delivery. Abernethie, 13 S. 263, a deed of entail was blank at the time of subscription quoad one of the substitutes, but it was held valid quoad the institute and prior substitutes. At common law, deeds which contain blanks in essential parts are ineffectual. See Dickson on Evidence, § 650

et seq.

In

clause.

II. WARRANDICE CLAUSE.-Warrandice is an obligation, II. Warrandice express or implied, by the granter of a deed that the subject or right granted will be secure to the grantee against

C

Personal warrandice.

(a.) Simple warrandice.

eviction.
(2) real.

Warrandice is of two classes-(1) personal, and
Personal warrandice, express or implied, is of

one of three kinds :

(a.) Simple Warrandice.

(b.) Warrandice from Fact and Deed.

(c.) Absolute Warrandice.

(a.) Simple Warrandice.-This kind of warrandice does not protect the grantee either against prior deeds of the granter or against posterior deeds which he was legally bound to grant, but it protects the grantee against future When simple voluntary deeds of the granter. Simple warrandice is implied in donations. See Ersk. 2, 3, 25; Alexander, M. 940. But if warrandice from fact and deed or absolute warrandice is expressed in a deed granted for gratuitous consideration, the warrandice expressed will receive effect, Coventry, 12 S. 895; Strong, 13 D. 548.

warrandice implied.

(b.) Warran

dice from fact and deed.

randice in as

signation of debts.

It

(b.) Warrandice from Fact and Deed. This kind of warrandice protects the grantee from eviction by reason of both the past and the future deeds of the granter. Effect of war is usually expressed, and it is implied, in assignations of debts; but warrandice from fact and deed or express absolute warrandice, in the assignation of debts, whilst it warrants that the debt assigned exists and is legally due to the granter, does not warrant the solvency of the debtor, Ferrier, 6 S. 818; Sinclair, 7 S. 401; Russell, 20 D. 125; Barclay, M. 16,591. Implied warrandice debitum subesse applies to a cautionary obligation conWhen warran- tained in a bond, Reid, 6 R. 1007. Warrandice from fact and deed is also implied in transactions for an inadequate price or for a compounded sum, Ersk. 2, 3, 25.

dice from fact

and deed in

plied.

(c.) Absolute warrandice.

(c.) Absolute Warrandice.-Absolute warrandice protects the grantee against eviction, total or partial, on any ground existing prior to the right conveyed to him

by the deed. It is implied in all conveyances of land When implied. when a full price is paid; and the statutory clause, "I grant warrandice," implies, unless specially qualified, absolute warrandice, in a deed dealing with heritage, as regards the lands and writs and evidents, and warrandice from fact and deed as regards the rents, and that whether the conveyance is for onerous or gratuitous consideration,—Consolidation Act, 1868 (31 and 32 Vict. c. 101), § 8. The grantee, who has a right of absolute warrandice, express or implied, can recover, on eviction, the full damage sustained by him thereby, Carmichael, 1 S. 25; Cairns, 9 Macph. 284. The warrandice clause in a deed. dealing with heritage warrants merely that which is conveyed by the dispositive clause, see Brownlie, 7 R. (H.L.) 66, and absolute warrandice, express or implied, does not cover loss caused either by the enactments of a statute passed after the sale to the grantee, Watson, M. 16,588, or by a fatality.

randice (1)

(2) implied.

Warrandice is real in these two cases-(1) when lands Real warare disponed in security against eviction from lands pre- express; or sently made over to a purchaser; and (2) when lands are excambed. In the one case, the real warrandice is express, and gives the purchaser, in the event of eviction, recourse against the lands disponed to him in warrandice; in the other, it is implied, and gives the party evicted from the lands excambed to him recourse against his own original lands, Ersk. 2, 3, 28. As to the nature of real warrandice, see Smith-Sligo, 12 R. 907.

tion Clause.

III. REGISTRATION CLAUSE FOR PRESERVATION AND III. RegistraEXECUTION. The statutory form of the clause of registration for preservation is in these terms: "And I consent to Form. registration hereof for preservation;" and the statutory form of the clause for preservation and execution is in these terms: "And I consent to registration hereof for preservation and execution,"-Consolidation Act, 1868,

Effect of clauses.

§ 138, and Nos. 1 and 2 of Schedule (B).

No

The clauses in these forms, when occurring in any deed or conveyance under the Consolidation Act, 1868, or in any deed or writing or document of whatsoever nature, and whether relating to lands or not, import, unless specially qualified, a consent to registration and a procuratory of registration in the books of Council and Session or other judges' books competent, therein to remain for preservation; and also, if for execution, that letters of horning, and all necessary execution shall pass thereon, upon six days' charge, on a decree to be interponed thereto in common form. deed (with the exception of instruments of protest of bills, 1681, c. 20, and 1696, c. 36, and of promissory notes, 12 Geo. III. c. 72, and 23 Geo. III. c. 18, exchequer bonds, 19 and 20 Vict. c. 56, and certain assignations, for which see p. 159), can be registered for execution, unless it contains a clause of consent for that purpose; but all probative writs, though containing no clause of registration for preservation, can be registered for preservation in any competent public authentic register, 1698, c. 4. The or for preser- records available for the registration of deeds for preservation, or for preservation and execution, are:

Records for preservation,

vation and ex

ecution.

(1.) The books of Council and Session for all deeds

and probative writs.

(2.) The books of any Sheriff Court for all deeds and probative writs, with the exception of charters by subject-superiors, which charters, by 1693, c. 35, can be registered for preservation, or for preservation and execution, "only in the books of Council and Session, and in no other record."

(3.) The burgh court books of royal burghs for deeds, all the parties to which are burgesses or have a legal domicile within the burgh at the date of presentment for registration, Bell's Lectures on Conveyancing, vol. i. 228.