CONSENT.

See Baron and Feme (Separate Property 32.)

CONSENT TO MARRIAGE.

See Marriage. Portion 13.

CONSIDERATION.

1. Distinction between voluntary bond and pro turpi causá. 2. Distinction between voluntary covenant and trust created. 3. Limits of relief against security pro turpi causá.

4. Distinction between nudum pactum and a promise, on which some act is done.

5. Not necessary between one, undertaking for the debt of another, and the debtor.

6. Surrender of voluntary bond sufficient against creditors. 1. Voluntary bond during cohabitation to a woman previously of a very loose life: soon afterwards another bond, expressly securing a continuance of the connection by an annuity in case of separation. Bill by the executor to have the bonds delivered up was dismissed with costs: the former being considered unimpeached; the latter void at law as pro turpi causa. Gray v. Mathias.

2. Distinction as to volunteers. The assistance of the Court cannot be had without consideration, to constitute a party cestui que trust; as upon a voluntary covenant to transfer stock, &c.: but if the legal conveyance is actually made, constituting the relation of trustee and cestui que trust, as if the stock is actually transferred, &c., though without consideration, the equitable interest will be enforced. Ellison v. Ellison.

3. Whether the Court has gone farther than to restrain enforcing a security pro turpi causâ, and has taken the property out of possession of the party, except as to creditors, quære.

4. Distinction between a mere voluntary promise, nudum pactum, that will not maintain an action, and a promise, upon the faith of which another does some act: as entering into engagements, or paying money; forming a consideration, that will support an action; and therefore establish a debt against assets. Crosbie v. M'Doual. 5. Undertaking by one person to pay the debt of another does not require a consideration moving between them. 6. Voluntary bond, though void against creditors, being valid as between the parties, its surrender is a consideration, that will sustain a substituted bond against creditors, unless with a fraudulent design; as by an insolvent, to substitute a valid for an invalid security against creditors. Ex parte Berry.

Vol. Page

V. 286

VI. 656

X. 366

XIII. 148

XIV. 190

XIX. 218

INADEQUATE.-ILLEGAL.-PARENT AND CHILD.

INADEQUATE.-1. Relief against it, if extreme.

2. Effect; as evidence of fraud.

3. S

1. Relief in equity upon inadequacy of consideration, so extreme as to satisfy the Court, that there must have been imposition or oppression. Underhill v. Horwood. 2. Effect of inadequacy of consideration towards constituting fraud.

3. Inadequacy of consideration, though not of itself a sufficient ground for setting aside a contract, is, when gross, strong evidence of fraud.

ILLEGAL.-1. Profits of stock-jobbing transactions.

2. Principle on actions out of illegal transactions. 1. Promissory notes given by a stock-broker for the balance of an account of money advanced to him, to be employed in stock-jobbing transactions, contrary to the statute 7 Geo. 2. c. 8. Part of the consideration consisting of the profits upon those transactions, proof under his bankruptcy was restrained to the residue; viz. the money received, which he had applied to his own use. Ex parte Bulmer.

2. Principle upon actions, arising out of illegal transactions: if malum prohibitum only, the plaintiff may recover; unless it be directly upon the contract precluded. PARENT AND CHILD.-1. Slight consideration sufficient between

them.

1. Slight consideration between parent and child sufficient
even against a purchaser.

See Annuity 1. (Jurisdiction 7.) Assignment 1. 2. Auction 4.
Bailment 1. Bankrupt 35. (Assignment 1.) (Proof 39.)
Baron and Feme 57. 95. 96. Construction 5. Con-
tract 92. (Specific Performance 10.) Costs 1. Deed 5.
Fraud 17. 42. Jurisdiction 27. Lien 2. Marriage 11.
Pleading 42. Power (Of Attorney 1.) Principal and
Surety 23. Reversion 1. Trust 6. (Resulting 2.) Volun-
tary Setttlement, &c.

CONSIGNMENT.

1. Decree according to consignment previous to title ac

crued.

2. Allowance to consignees acting without a regular ap

pointment.

1. Plaintiff being entitled upon coming of age to the pro-
duce of a West India estate, bills of lading of consign-
ments previously made were decreed to be delivered up
to him.
2. Allowance in respect of advances for supplies to a West
India estate by persons, acting as consignees, not under a

VOL. XX.

L

Vol. Page

X. 209

XII. 373

XIII. 103

XIII. 313

XIII. 315

II. 410

IV. 609

regular appointment, but with permission of the owners,
or by one tenant in common; if not upon the ground of
lien, by the colonial law, or usage, upon the nature of
the subject, requiring expenditure; as in the case of
mines, alum-works, &c. distinguished from a mere
landed estate in this country. Scott v. Nisbitt. -
See Practice 81.

CONSOLIDATION OF TITHE CAUSES.
See Tithe 15.

CONSPIRACY.

See Banker 3. Bankrupt 64.

CONSTRUCTION.

1. Upon the whole context.

2. Not by acts.

3. Restriction not confined to the last antecedent, even in
criminal proceedings.

4.

Not in the nature of the provisions, or speculation on
a supposed case.

5. Articles to settle, or covenant to give or leave by will,
6. S all personal estate.

7. Not by acts.

8. Resumption for building under covenant in lease; though it could not be acted upon. General words not restrained: wharfs on a canal appurtenant to warehouses. Compensation for land covered with water, &c.

9. The same in every Court.

Vol. Page

XIV. 438

II. 7

1. Instruments to be construed upon the whole context.
2. A legal instrument is not to be construed by the acts of
the parties. Baynham v. Guy's Hospital.

- III. 295, 694

3. The rule, that words of restriction are to be confined to the last antecedent, does not hold even in criminal proceedings.

4. An instrument is to be construed without adverting to the nature of its provisions, if legal; or to what they would have been, if a particular case had been contemplated. Mosley v. Mosley.

5. Articles before marriage for settling real estates of the husband, and also all and singular his personal estate of what nature or kind soever: a proper execution would be by a covenant, that real estate, that should be purchased with the personal, should with respect to the objects of the settlement be considered personal: the settlement therefore, made after marriage, containing no such covenant, and being in other respects a defective execution, real estates, purchased by the husband,

IV. 330

V. 248

CONSTRUCTION.

CONSTRUCTIVE NOTICE.

according to the evidence in order to defeat the right of
his wife, were decreed to be conveyed by his devisee
according to the articles. A gift by him in his life in
consideration of service was not disputed: but under
the particular circumstances attending the marriage
and in the case of an infant the Court appeared to
question its validity. Randall v. Willis.

6. Covenant by a father to give or leave by his will all his personal estate equally among his children does not deprive him of the right of unlimited expense, and of any fair application, even by gift, if absolute and bona fide: but a disposition for the purpose of defeating the covenant cannot stand: therefore transfers of stock to one of the children by the father were upon the circumstance of a reservation of the dividends for his life and other evidence of a partial intention to elude the covenant, set aside. Jones v. Martin.

7. Legal instruments not to be construed by the acts of the parties.

8. Construction of a covenant in a lease, that if the lessor
shall be minded to set out any part of the premises for
a street or streets, or to set or sell any part to build
upon, he may resume upon certain terms. If he re-
sumed, having a bond fide intention to build, though
that cannot be acted upon, there is no equity for the
tenant. 2dly, the generality of the latter words are not
restrained by the former to buildings of any particular
species; therefore, a contract with a canal company for
the lands resumed was enforced; warehouses being
within the meaning of the lease; and wharfs, at least
as appurtenant, and wanted for the enjoyment of the
warehouses. A compensation was decreed for the land
covered with water; and as to towing-paths, and the
banks of basins, though strictly subjects of compensa-
tion, yet upon a rehearing and after great litigation
the Court would not reverse the decree, and direct an-
other reference to the Master, merely on that account.
Gough v. The Worcester and Birmingham Canal Com-
pany.

9. The same construction of instruments in every Court.
10. Different constructions of the same words, applied to
different descriptions of property, governed by different
rules.

165

Vol. Page

V. 262

V. 266, n.

VI. 238

VI. 354

IX. 393

11. Different constructions of the same word in a will with reference to the different estates: an intention difficult to attribute.

See Infant 28. Lease (Renewal 8.) Settlement. Statute
1. 3. 4. Vesting. Will 219. 313.

CONSTRUCTIVE NOTICE.

See Notice 1.

XIX. 77

XIX. 303

1.

CONTEMPLATION OF BANKRUPTCY.
See Bankrupt (Preference 4.)

CONTEMPT.

Indemnity against it involves the party giving it.
2. By breach of an order made in the absence of the party
present during the motion.

1. An indemnity given against the consequences of a con-
tempt, involves the party giving it. Ex parte Dixon.
2. Contempt by breach of injunction by persons, who were
present in Court during the motion; though absent when
the Order was pronounced. Hearn v. Tennant.
See Answer 6. Bankrupt (Messenger 2. 3.) (Privilege 3.)
(Surety 3.) Lunacy 54. Mortgage 48. Practice 183.
222. 316. 328. Privilege (Arrest 3.) Prohibition 1. 2.
Receiver 19. Register's Office 2. Sequestration 6. Ward
of Court 1. 6. 7. 8. 12. 13.

CONTINGENCY.

See Legacy 7. 8. 12. Vesting. Will 84. 86.

CONTINGENT DEBT.

See Bankrupt (Proof 24. 49.)

CONTINGENT INTEREST.

1. Bond, on contingencies determinable on obligee's death, to be subject to the uses of his marriage settlement, passes under his bankruptcy.

2. Devisable, &c.

1. Bond upon marriage to pay a sum of money to the husband; which, upon certain contingencies, to be determined upon his death, was declared to be subject to the trusts of the settlement for his wife and children. Upon his bankruptcy payment was decreed to the assignees. Studdy v. Tingcombe.

2. Contingent interest devisable, &c.

See Vesting. Will.

CONTINGENT LEGACY.
See Will 2.

CONTINGENT REMAINDER.

See Copyhold 2. 12. Devise 32. Power (Appointment 14.)
Purchase 16. Remainder 3. Trust 26. 114. 115. Will 49.

CONTRACT.

1. Voluntary not executed.

2. Effect of deviations in different degrees.

Parol for settlement on marriage: distinction, if re-
cited.

3.

Vol. Page

VIII. 104

XIV. 136

V. 695 VII. 300

6. Small variation not material.