250
THE GREEN BAG
special rates, and " to insure " parcels. It further any other place authorized by him, including the appeared that they intended to act as agents for station of a railway company, such goods as they railway companies and other carriers, to collect and had brought on their tram lines. He could there deliver parcels outside the radius of their tramway fore see no objection to such of the expenditure lines, between places having no connection with complained of as arose out of their undertaking their trams, and that they had spent several the business of a common carrier by the working thousand pounds in plant, carts, and horses, and of their tramways; but the corporation were not had engaged numerous agents and servants with empowered to act as carriers generally without a view to canning on their proposed business, reference to their tramways. To collect and which was in effect that of a common carrier. It deliver parcels for the tramway was fairly inci further appeared that all the expenditure that had dental to the tramway undertaking, but to collect been incurred or was about to be incurred had and deliver parcels outside the radius of the trams, been, or was to be defrayed, out of money bor and without any connection with the trams, was rowed under sect. 20 of the Tramways Act, 1870, not incidental to the tram business, but distinct that is to say, upon the credit of the city funds cr frcm it. His lordship also held that the corpora the city rate, or by the general expenditures of the tion could only act as agents for the railway funds of the city upon the venture. The plaintiff companies in respect of tram-borne goods, and r.ot claimed a declaration, that the defendants were as general agents. His declaration therefore not authorized to convey, collect, cr deliver for would be that the defendants were not entitled to reward any goods or parcels otherwise than by the expend any part of the city fund, or the receipts of tramways comprised in their tramway under their tramway undertaking, or the proceeds of taking, or to accept any parcels or goods for such any city rate or other money of the city, to estab conveyance, collection, or delivery, or to act as lish or carry on the business of carriers, except in general carriers or as parcels delivery, general connection with their tramway undertaking and forwarding, or railway agents; that it was unlawful in respect of articles carried along the tramways for the defendants to expend any part of the city belonging to or leased by the corporation or on funds or the receipts of their tramway undertaking, which they had power to use carriages. He or any city rate, for any of the purposes aforesaid; granted an injunction. that it was- unlawful for the defendants to use any building, plants, or servants belonging to their PROPERTY. (Fraudulent Conveyances.) Ill. — tramway undertaking otherwise than for the working and using of their tramways, or to convey A wife is within the protection of the statute against fraudulent conveyances, so that a volun or deliver goods or parcels except by their tram ways. The plaintiffs also claimed the injunctions tary conveyance of property made with the specific restraining the defendants from doing any of the intent to defraud a future wife of her marital acts in respect of which a declaration was claimed. rights is void to the same extent as if it was In giving judgment for the plaintiffs the judge said intended to defraud future creditors, although the that it was common knowledge that municipalities grantor has not at the time of the conveyance were frequently authorized to acquire works of a selected any particular person as his wife, but public nature within their boundaries with a view makes the conveyance with the general intention to working them at a profit, and that his duty was to defraud any person whom he might marry of confined to construing the acts by which the her marital rights. Higgins •<'. Higgins, 76 North legislature had conferred that power, and that eastern Reporter, 86. Such a conveyance is he knew nothing that would authorize him to regarded as practically identical with a convevance apply principles of construction to an act giving by a person who contemplates contracting a debt power to a municipality to carry on some trading and who disposes of his property with intent to operations, differing from those applicable to an defeat the claims of future creditors. Under such Act giving similar powers to any other corporate circumstances it has formerly been held that the body. He was of opinion that the various acts fraudulent intent need not necessarily be directed and provisional orders enabled the corporation against any particular person. The similarity to run carriages and take tolls on all the tramways between the two fraudulent conveyances also mentioned therein and to use such tramways for gives rise to the further holding that inasmuch as the purpose of carrying passengers and of convey the conveyance in fraud of the wife's marital ing and delivering animals, goods, minerals, and rights was purely voluntary it was not necessary parcels; and he also was of the opinion that there that the grantee should participate in the fraudu was nothing ultra vires in their delivering by lent intent of the grantor in order that the con cart or otherwise at the consignee's house or to veyance might be set aside
