Protest for Breach of Charterparty. By this public instrument of declaration and protest, be it known unto all whom it may concern, That on, &c. before me, I. M. of, &c., notary public, &c., personally came and appeared A. B. and C. D. of, &c., who declared, that whereas E. F., master of the ship or vessel called the of the burthen of tons or thereabouts, had by charterparty under the hand and seal of him the said E. F., bearing date the instant, let the said ship unto the said appearers for a voyage with her to be made from this port of And whereas in the said to in of charterparty, among other things it was agreed that the said E. F. day of wind and weather day of instant, in order to proceed on the said voyage: and whereas the said appearers hav- instant, ordered and required the PROTEST. Charterparty. QUALIFICATION. Office. No. CCCCXXXIV. A Conveyance of Land for the purpose of Qualifying the Grantee to sit in Parliament, to hold a Commission in the Militia, &c. &c. (1). THIS INDENTURE made the day of , in the Qualification to sit in Parlia ment. Qualification to kill game. year of our Lord, 18 , BETWEEN (the grantor) of, &c. of the (1) In order to enable a person to sit in Parliament, he must, by 9 Ann. c. 5. s. 1, if he be a knight of the shire, have an estate of freehold or copyhold for his own life, or some greater estate, either at law or in equity, over and above all incumbrances, of the annual value of £600; but, if he be a citizen, burgess, or baron of the cinque ports, the requisite qualification is £300 a-year above reprizes, unless he be the eldest son or heir apparent of a peer or lord of Parliament, or of any person qualified to sit as a knight of the shire, in which case no qualification will be necessary; and by s. 3. no person can be qualified within the meaning of the act by virtue of any mortgage, unless he have been in possession of the mortgaged premises for the space of seven years before the time of election. In consequence of this act, it is very usual for noblemen and others possessing large estates, and being incapable or not desirous of becoming themselves members of the House of Commons, to grant to some other branch of their family a sufficient qualification to become a candidate for that purpose. This may be done either by the conveyance of land, or the grant of a rent-charge of the amount required by the act; and, as the grantee by this means becomes the actual and bonâ fide owner of the property conveyed to him, without any legal or equitable obligation to restore it, see Curtis v. Perry, 6 Ves. 747 (unless where he has not availed himself of the purpose for which it was given, Platamore v. Staple, Cooper, 250), it is deemed an effectual qualification. In order to qualify a person to kill game, he must be either the son and heir apparent of an esquire, or other person of higher degree; (although an esquire himself is not qualified, see Jones v. Smart, 1 Durnf. and E. 44;) or have an estate of inheritance in his own right, or in right of his wife, in lands and tenements of the yearly value of £100, or for a term of life, or for 99 years, or longer term, in lands and tenements of the yearly value of £150; and see Earl of Ferrers v. Henton, 8 Durnf. QUALIFICATION. Office. one part, and (the grantee) of, &c. of the other part, WITNESSETH, that in consideration of the regard and friendship which the said (grantor) hath and beareth for and towards the said (grantee), and of the proviso and condition hereinafter contained on the part of the said (grantee) to be performed and kept, [and also for and in consideration of the sum of 58. of lawful current money of England to the said (grantor) in hand well and truly paid by the said (grantee) at or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged], HE the said (grantor) HATH given, granted, bargained, sold, aliened, and released, and by these presents DоTH give, grant, bargain, sell, alien, release, and confirm unto the said (grantee) ALL, &c. (1). ALL Reference to bargain and sale which said messuages, lands, tenements, and hereditaments, are now for a year. in the actual possession of, or legally vested in the said (grantee) by virtue of a bargain and sale for a year to him thereof made by the said (grantor) for 58. consideration, by indenture bearing date and E. 506; Rex v. Clarke, ib. 220. And this annual value must be free of all deductions; for if the rents be reduced under £100 a-year by paying the interest of a mortgage, the estate will be no qualification; see Wetherell v. Hall, ib. 221, note. The qualifications which militia officers must possess will be found in Qualification of the act of 42 Geo. 3. c. 90. ss. 6, 7, 8. militia officers. Qualification to vote. qua With a similar view of providing for the purity and independence of Parliament, which gave rise to the acts before cited, relative to the lifications required to sit in Parliament, the 18 Geo. 2. c. 18, and 19 Geo. 2. c. 28, require a qualification by estate to be possessed by the persons electing such members. By these acts it is provided, that no person shall vote without having a freehold estate in the county for which he votes, of the clear yearly value of forty shillings, over and above all rents and charges payable in respect of the same, or without having been in the actual possession or receipt of the rents and profits thereof for his own use above twelve calendar months, unless the same came to him by descent, marriage, marriage-settlement, or promotion; or shall vote in respect of any freehold estate which was made or granted to him fraudulently, on purpose to qualify him to give his vote; nor by 20 Geo. 3. c. 17, in respect of any messuages, lands, tenements, or hereditaments, which have not been assessed to the land-tax for six calendar months before the election. This act does not, however, extend to annuities or rent-charges (duly registered) issuing out of lands charged as aforesaid, nor to any person who may become entitled to hereditaments by descent, marriage, &c. within twelve months before the election, provided his qualification have been assessed to the land-tax, in the name of his predecessor, two years before the election. (1) Here describe the premises intended to be conveyed by their Parcels. ancient and present name, situation, tenancy, &c. SUP.-VOL. III. PP QUALIFICATION. Office. To hold to the grantee, during joint lives of grantor and grantee. on the day next before, and executed previously to the sealing and delivery of these presents, for the term of one year, and by force of the statute made for transferring uses into possession; and the reversion and reversions, remainder and remainders of and in the said hereditaments and premises, and every of them respectively. To HAVE AND TO HOLD the said messuages, lands, tenements, and hereditaments hereby given, granted, and released, or mentioned or intended so to be, with their appurtenances, unto and to the use of the said (grantee) for and during the joint natural lives of the said (grantor) and (grantee) (1), BUT SUBJECT nevertheless to the proviso, condition, or agreement hereinafter contained (that is to say), PROthis grant on aliena- VIDED ALWAYS, and these presents are upon condition (2) nevertheless, and it is hereby declared and agreed by and between the said parties hereto, that if the said (grantee) do or shall at any time hereafter, (within the space of 99 years from the date hereof), by any ways or means whatsoever, grant, bargain, sell, alien, convey, transfer or otherwise make over (3) to any person or persons Proviso for avoidance of tion. express Defeazances, annexed to qualifications to vote, void. Restriction against alienation may be inserted in the grant of a life (1) Or of the said (grantee). If the qualification be given for the purpose of enabling the grantee to sit in Parliament, the limitation must be for his own life. (2) By 10 Ann. c. 23. s. 1, it is enacted, that all conveyances made to any person or persons in any fraudulent and collusive manner, on purpose to qualify him or them to give his or their vote or votes at any election of knights of the shire, subject to conditions or agreements to defeat or determine such estate, shall be deemed and taken against those persons who executed the same as free and absolute, and be holden and enjoyed by all and every such person or persons to whom such conveyance shall be made, freed and discharged of all and all manner of trusts, conditions, clauses of re-entry, powers of revocation, provisoes of redemption, or other defeazances whatsoever; and all bonds, covenants, collateral or other securities for redeeming, revoking, or defeating such estate or estates, or for restoring or re-conveying the same or any part thereof to the person or persons who made the conveyance, or to any other person in trust for them, shall be null and void. But, notwithstanding this act, a condition to vacate the grant on alienation, it should seem, cannot be within the meaning, although within the words, of the act, as it does not imply any frand or collusion between the parties, nor afford any means of enabling the grantor forcibly to resume the thing granted; and as, moreover, the act would at most make the condition void only, and not the grant itself, the object of the grant would, notwithstanding, be obtained; there can, therefore, be no impropriety in its being inserted. (3) It has been before noticed that the grant of an estate in fee, with a condition in restraint of alienation, is void; but such restriction imposed upon the grant of an estate for life only, whether it be for the estate. whomsoever, the said messuages, lands, tenements, hereditaments, QUALIFICATION. Office. grantee's own life, or for the life of another, is good, as in those cases the reversion still remains in the grantor, in like manner as in the grant of leases for years. See ibid. and also Co. Litt. 223. |