LIMITED ADMI

NISTRATION.

Outstanding
Term.

trustee), deceased, in and to all those messuages or tenements and
premises herein before and in the said in part recited indenture of
assignment of the
day of
more particu-
larly described; and the residue and remainder of the said term of
years, therein now to come and unexpired; and all
benefit and advantage to be had, received and taken therefrom, but
no further, or otherwise, or in any other manner whatsoever; you
being first sworn on the Holy. Evangelists well and faithfully to
administer the same, and to make a true and perfect, inventory of
the goods, chattels and credits of the said (deceased trustee), de-
ceased, limited as aforesaid, and to exhibit the same into the registry
of our episcopal court of
together with a true
and just account of and concerning your administration therein,
when you shall be thereunto lawfully required; and we do by vir-
tue of these presents, ordain, depute and constitute you the said
(intended administrator), the administrator of the goods, chattels
and credits of the said (deceased trustee), deceased, limited so far as
concerns all the right, title and interest of him the said (deceased
trustee), deceased, in and to all and singular the messuages or tene-
ments and premises, with the appurtenances hereinbefore particularly
mentioned and described, and the residue and remainder of the said
term of
years therein granted as aforesaid, and now to
come and unexpired, and all benefit and advantage to be had, re-
ceived and taken therefrom; but no further or otherwise, or in any
other manner whatsoever. Given under the seal of our Vicar Ge-
neral, and Official Principal, which we use in this behalf, the
day of
year

in the year of our Lord 18

and in the

of our translation.

No. CCCLXXXII.

A Memorial, to be Registered (1), of the Grant of an Annuity.

A Memorial to be registered pursuant to an Act of Parliament
made in the seventh year of her late Majesty Queen Anne,
entituled, "An Act for the Public Registering of Deeds,
Wills, or other Incumbrances which shall be made or may
affect any Honors, Manors, Lands, Tenements or Here-
ditaments within the County of Middlesex,"

day of

in

Of an indenture of grant and demise, [or assignment, as the case may be] bearing date the the year of our Lord 18 and made between (the grantor) of, &c. of the one part, (the grantee) of, &c. of the second part, and (the trustee) of, &c. of the third part, purporting to be the grant of an annuity unto the said (grantee) during the life of the said (grantor), issuing out of and chargeable upon ALL, &c. (2) which said indenture is witnessed by of and is hereby required to be registered by the said (grantee). As WITNESS his hand and seal this

Signed and sealed)

in the presence of S

of

and

day of

(Grantee) L. S.

A. B. Two witnesses, one of them being an attesting wit-
C. D. ness to the deed memorialized.

MEMORIAL.

Annuity to be registered.

(1) On the general registry of deeds see post. No. CCCXCV. p. 637, notes.

For the form of a memorial to be enrolled, of an annuity, see post. p. 618.

(2) Here set out the parcels as described in the deed of grant.

Parcels.

SUP.-VOL. II.

S S

No. CCCLXXXIII.

For securing the same Annuity or Rent-Charge.

(1) By the act of 53 Geo. 3. cap. 141. s. 2. it is enacted that a memorial of every deed, bond, instrument, or other assurance by which an annuity or rent-charge shall be granted for one or more life or lives, or for any term of years or greater estate determinable on one or more life or lives, shall be enrolled in the High Court of Chancery within thirty days next after its execution, in the above form, with such alterations as the nature and circumstances of any particular case may reasonably require; unless, sec. 10, such an annuity or rentcharge be given by will or marriage settlement, or for the advancement of a child, or be secured upon freehold, or copyhold, or customary lands, in Great Britain or Ireland, or in any of his Majesty's possessions beyond the seas, of equal or greater annual value than the said annuity, over and above any other annuity, and the interest of any principal sum charged or secured thereon, (of which the grantee had notice at the time of the grant), whereof the grantor is seised in fee simple or fee tail in possession, or the fee simple whereof in possession the grantor is enabled to charge at the time of the grant, or secured by the actual transfer of stock in any of the public Funds, the dividends whereof are of equal or greater value than the annuity; or unless it be granted without regard to the pecuniary consideration or money's worth; or be granted by any body corporate, or under any authority or trust created by act of parliament.

This memorial must contain the date of every such deed, bond, instrument, or other assurance, the nature of the instrument, the names of all the parties and of all the witnesses thereto, the name of the person or persons for whose life or lives the annuity or rent-charge shall be granted, and of the person or persons by whom the same is to be beneficially received; the pecuniary consideration or considerations for granting the same, the annual sum or sums to be paid; unless, s. 3. the annuity be granted by, or to, or for the benefit of any company exceeding ten persons, which shall be formed for the purpose of granting or purchasing annuities, in which case it shall be sufficient if the memorial describe such company, by its usual firm or name of trade.

⚫ Under the above act it was doubted, whether the omission to enroll any one of the assurances for securing an annuity vitiated the rest, which gave rise to stat. 3 Geo. 4. c. 92. by which it is declared that such of the assurances as are enrolled shall be good notwithstanding the nonenrollment of others.

In case of a bona fide sale of landed property whether freehold or leasehold, when the consideration either wholly or in part is an annuity to be paid to the vendor, the consideration for granting the annuity being an estate in land, is not a pecuniary consideration or money's worth within the statute, and the annuity need not be enrolled; James v. James, 2 Brod. and Bing. 702. Thus when the consideration for the annuity was a life interest in certain veins of coal the security need not be memorialized, ibid.

A surety who charges his estate with the payment of an annuity is a grantor within the meaning of the act, and no memorial is requisite if he be seised of the estate in fee simple and it be of greater annual value than the annuity, Darwin v. Lincoln, 5 Barn, and Ald. 444.

(2) The memorial of an annuity must contain the Christian name of the subscribing witness to the securities; the initial of the Christian name is not sufficient; Check v. Jeffries, 2 B. and Cress. 1. And under the 53 Geo. 3. it was held that the memorial must contain the description and place of residence of the witnesses to the annuity-deed, by reason of the word "of" in the form of memorial contained in the act; but by 3 Geo. 4. c. 92. sec. 2. that no further description of witnesses to any deed or other instrument, by which an annuity or rent-charge shall be granted, is required by the 55 Geo. 3. besides the names of such witnesses; Darwin v. Lincoln and Loch, 5 Barn. and Ald. 444. Smith v. Pritchard, 5 ib. 717. contra, St. John v. Champary, 1 Bingh. 77.

The memorial of an annuity granted, since the 53 Geo. 3. need not state that the annuity is redeemable, nor the name of the party in whose favour the warrant of attorney is given; Yerns v. Smith, 3 B. and Ald. 206. Nor if it be granted during the lives of several persons, will it be necessary to state their description by residence or otherwise, but only their names, neither will it be necessary to state that the annuity was granted during the joint lives or the life of the survivor, or for a term of years determinable on their lives; Barber v. Garrison, 4 Barn. and Ald. 281.

The penal sum for which the warrant of attorney authorizes judgment to be entered, need not be stated; Barber v. Garrison, 4 B. and Ald. 281.

If a person wholly unconnected with the grantor and for a separate consideration (as in the case of an agent receiving a commission) guarantee the payment of an annuity, it is an assurance not necessary to be enrolled; Sundilands v. Maul, 2 Barn. and Ald. 678.

Nor is it necessary since the 53 Geo. 3. to state in the memorial a covenant by the grantor not to go upon or beyond the seas without notice to the grantee, in order to enable him to pay additional premium, which premium the grantor covenanted to pay to the grantee; Wood v. Perrett, 5 Moore, 63.

MEMORIAL.

Annuity to be enrolled.

Memorial of annuity must be enrolled within thirty days.

What memorial must contain.

MEMORIAL.

Appointment.

No. CCCLXXXIV.

A Memorial of an Appointment under a power contained in a
Marriage Settlement or Will (1).

Lord 18

A Memorial to be registered, &c.

day of

Of a deed poll under the hand and seal of (the appointor) of, &c.
bearing date the
in the year of our
purporting to be an appointment by the said
(appointor) unto (the appointee) of, &c. of ALL, &c. (2) which said ap-
pointment is made in pursuance of a power contained in an indenture
of release bearing date the

day of

between, &c. a memorial whereof was registered on the

witnessed by

and made day

No. , and which said deed-poll is

and

of of and is hereby required to be registered (3) by the said (appointee), as witness his hand and seal this

of

Signed and sealed in

day

(Appointee) L. S.

the presence of (4)

A. B.
C. D.

Appointment must be registered.

Parcels.

(1) It was formerly supposed that a deed of appointment under a power need not have been registered; because upon the execution of a power, the interest limited by it arises under the deed creating the power, but it is now settled that all deeds of appointment must be registered See Scrafton v. Quinsey, 2 Ves. 413.

(2) Here set out the parcels contained in the deed of appointment. (3) See post. p. 638, n. (4).

(4) See post. p. 639, n. (1).