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KILLS OF EXCHANGE.
general restraint of marriage, Burr. 2225. 7thly, Procura-tion of marriage, Co. Lit. 20(i, b. 8thly, Future illicit coha-bitation, but past cohabitation is a legal consideration, Burr.1568. 2 P. Williams, 432. 2 Wils. 339. Ambl. 641.
Cowp. 742. Forrest, 153. So a promissory note given toiindemnify a parish against a bastard child is illegal, as beingcontrary to the general policy of the law, as well as theletter of 6 Geo. II. c. 31. 6 East, 110. But the releaseby an excise officer, of a person apprehended for penaltiesunder excise laws, will be a sufficient consideration for anote, the commissioners having approved of his taking it.2 B. P.151. So any stipulation prejudicial to the feelings orinterest of a third person is illegal, Cowp. 729. 2 Lev. 161.However, at common law, a wager is legal if it be not anincitement to a breach of the peace, or to immorality, or ifit do not affect the feelings or interest of a third person, orexpose him to ridicule, or libel him, or if it be not againstsound policy. 3 T. B. 693.
Secondly .—Some considerations as well as contracts arededuced to be invalid by statute; as usury, 12 Anne, stat. 2,c. 16, which has two provisions, first, avoiding all bonds,contracts, and assurances, for payment of money to be lent,whereon shall be reserved a greater rate of interest thanfive per cent.; also subjecting the party taking above thatsum to an action for treble the sum lent or forborne, &c. andon this statute the security is also void, though on the faceof it, it should appear legal, if there be any other illegalprivate stipulation, for matter dehors the security, maybe pleaded if it be illegal. 3 T. R. 424. Doug. 235. Usuryalso affects the contract in the case of a hill of exchange,even in the hands of a bona fule holder, Lowe v. Waller,Dough 735. 8 T. R. 390. 1 Saund. 295. 1 East, 92; huta second security given to a bona fide holder of a bill, is insome cases valid. It is not usury, though improper, for anacceptor to discount his own acceptance at a premium,4 East, 55.
A gaming consideration is declared illegal by statute 16Car. II. c. 7, and 9 Anne, c. 14; 1 Pow. 207. Bac . Abr.tit. Gaming. The first statute voids all securities, whetherwritten or verbal, to secure any sum of money exceeding41100 lost at play; but 9 Anne, only voids written con-tracts, and an action of assumpsit will lie to recover moneywon at play, not amounting to £10, 1 Esp. Rep. 235.Under these statutes a bill of exchange or promissory note,given for a gambling transaction, is declared illegal and.void, even in the hands of a bona fide holder. 2 Stra. 1155.