VOLUNTARY. Willingly; done with one's consent; negligently2. Wolff, §5.
2. To render an act criminal or tortious it must be voluntary. If a man, therefore, kill another without a will on his part, while engaged in the performance of a lawful3 act, and having taken proper care to prevent it, he is not guilty of any crime. And if he commit an injury to the person or property of another, he is not liable for damages, unless the act has been voluntary or through negligence4, as when a collision takes place between two ships without any fault in either. 2 Dobs. R. 83 3 Hagg. Adm. R. 320, 414.
3. When the crime or injury happens in the performance of an unlawful act, the party will be considered as having acted voluntarily.
4. A negligent1 escape permitted by an officer having the custody5 of a prisoner will be presumed as voluntary; under a declaration or count charging the escape to have been voluntary, the party will, therefore, be allowed to give a negligent escape in evidence. 1 Saund. 35, n. 1. So Will.
VOLUNTARY CONVEYANCE6, contracts. The transfer of an estate made without any adequate consideration of value.
2. Whenever a voluntary conveyance is made, a presumption7 of fraud properly arises upon the statute8 of 27th Eliz. cap. 4, which presumption may be repelled9 by showing that the transaction on which the conveyance was founded, virtually contained some conventional stipulations, some compromise of interests or reciprocity of benefits, that point out an object and motive10 beyond the indulgence of affection or claims of kindred, and not reconcilable with the supposition of intent to deceive a purchaser. But unless so repelled, such a conveyance coupled with a subsequent negotiation11 for sale, is conclusive12 evidence of statutory fraud. 5 Day, 223, 341; 1 Johns. Cas. 161; 4 John. Ch. R. 450; 3 Conn. 450; 4 Conn. 1; 4 John. R. 536; 15 John. R. 14; 2 Munf. R. 363. A distinction has been made between previous and subsequent creditors13; such a conveyance is void as to the former but not as to the latter. 8 Wheat. 229; 3 John. Ch. 481; and see 6 Alab. R. 506; 9 Alab. R. 937; 10 Conn. 69. And a conveyance by a father who, though in debt, is not in embarrassed circumstances, who makes a reasonable provision for a child, leaving property sufficient to pay his debts, is not per se, fraudulent. 4 Wheat. 27; 6 Watts14 & S. 97; 4 Verm. 889; 6 N. H. Rep. 67; 11 Leigh, 137; 5 Ohio, 121.
3. By the statute of 3 Henry VII. c. 4, all deeds of gifts of goods and chattels15 in trust for the donor16 were declared void; and by the statute of 13 Eliz. ch. 5, gifts of goods and chattels, as well as of lands, by writing or otherwise, made with intent to delay, hinder and defraud17 creditors, were rendered void as against the person to whom such frauds would be prejudicial.
4. The principles of these statutes18, which indeed have been copied from the civil law, Dig. 42, 8 , 5, 11; 2 Bell's Com. 182, though they may not have been substantially reenacted, prevail throughout the United States. 8 Johns. Ch. R. 481; 1 Halst. R. 450; 5 Cowen, 87; 8 Wheat. R. 229; 11 Id. 199; 12 Serg. & Rawle, 448; 9 Mass. R. 390; 11 Id. 421; 4 Greenl. R. 52; 2 Pick. R. 411; 8 Com. Dig. App. h. t.; 22 Vin. Ab. 15; 1 Vern. 38, 101; Rob. on Fr. Conv. 65, 478 Dane's Ab. Index, h. t.; 14 Ves. 344; 4 McCord, 294; 1 Rawle. 231; 1 Rep, Const. Ct. 180; 1 N. & McCord, 334; Coxe, 56; Hare & Wall. Sel. Dee. 33-69. Vide Contracts; Indebtedness; Settlement.
5. As between the parties such conveyances19 are, in general, good. 2 Rand. 384; 1 John. Chan. R. 329, 336; 1 Wash. 274 And when it has once been executed and delivered, it cannot be recalled; even where an unmarried man executes a voluntary trust deed for the benefit of future children, nor can he relieve himself from a provision in the conveyance to the trustee, under which the income of the trust property is to be paid to him at. the discretion20 of a third person. 2 My. & Keen, 496. See 2 Moll. 257.
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