Jenkins v. White v. Stringer, 2 Lev. 105. Osgood v. Ball v. Burnford, Prec. in Cha. 113. marriage of his son, and of 20007. marriage portion, settled the premises to the use of himself for life, remainder to his son and the heirs of his body by that marriage, remainder to the heirs of the body of his son by any other wife; it was contended that this last limitation, not being within the consideration of the marriage settlement, was voluntary, and therefore void against subsequent purchasers. But Lord Hale said, that the consideration of the marriage and marriage portion would run through all the estates raised by the settlement, though the marriage was not concerned in them, so as to make them good against purchasers, and to avoid a voluntary conveyance. 68. So where a person covenanted, in consideration of the marriage of his eldest son, and a marriage portion, to settle lands on him in tail, remainder to his second son; it was held that the consideration extended to the second son; and therefore that the settlement was not fraudulent against creditors. 69. On the other hand there are several cases where the consideration of marriage has only been allowed to extend to the immediate objects of the settlement, Staplehill v. and not to any remote ones. Thus it is said by Lord Bully, id. 224. Macclesfield, in 10 Mod. 534., that where there is a 2 P. Wms. 249. marriage portion and settlement, that part of the settle Ante, § 67. ment only which belongs to the wife, and children by that wife, can be esteemed to be founded upon the consideration of that marriage; for it was absurd to imagine that the friends of the wife should be supposed at all concerned about the remote uses of the settlement, upon persons to whom they were entire strangers. And as for the case of Jenkins v. Kemis, it ought not to be understood in so absurd a sense as that came to the meaning of the case was no more than this; that a father, where he makes a marriage settlement upon one son, has such a fair and justifiable opportunity offered him of providing for his other children, as that if he thinks fit to lay hold upon and embrace it, by inserting in the settlement provisions for them, such provisions shall never be deemed fraudulent, and as such set aside in favour of creditors. Reeves, 70. In another case Lord King has said, that where Reeves v. a settlement was made by the father, or other lineal 9 Mod. 132. ancestor, in consideration of the marriage of his son, in such case all the remainders limited to his children and their posterity were within the consideration of the settlement. But where it was made by a brother, or other collateral ancestor, on his marriage, there, after the limitations to his own issue, all the remainders limited to his collateral kindred were voluntary, and not within the consideration of the marriage settlement. of Winton, 71. In a modern case the Judges of the Court of Clayton v. Earl King's Bench, certified their opinion that a limitation 3 Mad. R. 302. in a marriage settlement to the issue of the settlor, by ". a second marriage, was not voluntary; and in a sub- Johnson v. Lesequent case, the same Judges certified their opinion gard, id. 283. that a limitation in a marriage settlement to the brothers of the settlor, was voluntary. 72. There is one case in which a conveyance, Settlement by founded on a moral consideration only, has been held a widow on her good against a subsequent purchaser; namely, that of a widow making a settlement on her children by her first husband, previous to her marrying a second. children. 73. Thus where a widow, who had two children, Newstead v. Serles, 1 Atk. by articles previous to her second marriage, with the 265. consent of her intended husband, settled her estate upon her two children. The husband and wife afterwards mortgaged the estate to a person who had notice of the settlement. Lord Hardwicke said, the question was, whether the articles were for a valuable consideration, and binding; or ought to be considered as voluntary and fraudulent, with respect to subsequent creditors, or purchasers. And if he was to lay it down as a rule that such articles were not binding, it would become impossible for a widow, on her second marriage, to make Register Acts, By the common law, every deed took place according to the priority of its date or delivery; in consequence of which, purchasers and mortgagees were frequently defrauded, by means of prior conveyances, with which they were unacquainted. 2. To remedy this inconvenience, in certain parts of the kingdom, several acts of parliament have been made, called the Register Acts. The first of these is the statute 2 & 3 Ann. c. 4. by which it is enacted, "That a memorial of all deeds and conveyances which, after the 29th day of September 1704, shall be made and executed, of or concerning, and whereby any honours, manors, lands, tenements, or hereditaments, in the west riding of the county of York, may be any way affected, in law or equity, may, at the election of the party or parties concerned, be registered. And that every such deed or conveyance, that shall at any time after the said day be made and executed, shall be adjudged fraudulent and void against any subsequent purchaser, or mortgagee, for valuable consideration, unless such memorial thereof shall be registered, as by this act is directed, before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim." 9. By the 7th section it is enacted, "That all and every memorial so to be entered or registered, shall be put into writing in vellum, or parchment, and directed to the register of the said office; and in case, of deeds and conveyances, shall be under the hand and seal of some or one of the grantors, or some or one of the grantees, his or their guardians or trustees,: attested by two witnesses, one whereof to be one of the witnesses to the execution of the "deed or conveyance mentioned in such memorial." "That 4. By the 8th section, it is further enacted, every memorial of any deed or conveyance shall con-› tain the day of the month and the year when such deed or conveyance bears date, and the names and additions of all the parties to such deed or convey-: ance, and of all the witnesses to such deed or conveyance, and the places of their abode, and shall express or mention the honours, manors, lands, tenements, and hereditaments contained in such deed or conveyance, and the names of all the parishes, townships, hamlets, precincts, or extra-parochial places, within the said west riding, wherein any such honours, &c. are lying or being, that are given, granted, conveyed, or any way affected or charged, by any such deed or conveyance, in such manner as the same are expressed or mentioned in such deed or conveyance, or to the same effect. And that every such deed or conveyance, of which such memorial is so to be registered as aforesaid, shall be produced to the said register, or his deputy, at the time of entering such memorial, who shall endorse a certificate on every such deed or conveyance, and therein mention the certain day, hour, and time, on which such memorial is so entered and registered, expressing also in what book, page, and number the same is entered; and that the said register, or his deputy, shall sign the said certificate, when so endorsed. 5. By the 16th section it is provided, that this act shall not extend to any copyhold estates, or to any leases at a rack rent, or to any lease not exceeding twenty-one years, where the actual possession and occupation goeth along with the lease. 6. By the stat. 6 Ann. c. 35. similar regulations are made for registering all deeds and conveyances that may affect any honours, manors. &c. in the east riding of the county of York, or the town and county of the town of Kingston-upon-Hull, with the same exception of copyholds and leases; and by the 18th section of this statute, it is enacted, that every enrolment of a deed of bargain and sale in the said register office, shall be deemed and adjudged to be the entering a memorial thereof pursuant to this act, and shall have the same force and effect upon the estate therein mentioned, in relation to all subsequent deeds, as if a memorial of such enrolled deed had been entered in the said register office. 7. By the stat. 7 Ann. c. 20. similar regulations are made for registering all deeds and conveyances that may affect any honours, manors, &c. in the county of Middlesex; with a proviso, (§ 17.) that the act shall not extend to [copyholds, or leases at rack rent, or leases not exceeding twenty-one years, where the possession goes with the lease; or to any chambers in Serjeants' Inn, the Inns of Court, or Inns of Chancery; or to any messuages, lands, or tenements in the city of London. 8. By the stat. 8 Geo. II. c. 6. similar regulations are made for registering all deeds and conveyances, |