Assignment.

third pt for the consons thin mentd the sd (grantor) did give No. XCII. grant and confirm unto the sd (assignor) one annuity or clear yrly sum of £ free from all deductions whatsr to be chagd and chagble upon and issuing out of all those the messes lds tents and heredts &c. To Hold the sd annty and evy pt thof unto the sd (assignor) his exs ads and ass thenceforth for and during the natural life of the sd (grantor) and a proportional part thof to be pd on or at the days and times and in the manner in the now reciting indre mentd for paymt of the same with the usual powers of distress and entry for recovering and enforcing paymt thof And by the now reciting indre the sd (grantor) on the nomination and by the direction and apptmt of the sd (assignor) did grant unto the sd (old trustee) his exs ads and ass All those &c. hnbefe described and by the now reciting indre chagd with the sd annty of £ and evy pt thof with the apts To Hold the same unto the sd (T.) his exs ads and ass from the day next before the day of the date of the now reciting indre for and during and unto the full end and term of yrs thence next ensuing and fully to be complete and ended if the sd (grantor) shd so long live Upon the trusts thin expssd and decld of and concerning the same And by the now reciting indre it was also agreed that the sd (grantor) shd be at liberty at any time thereåfter to repurchase the sd annty at the price and on the terms thin mentd And whas the paymt of the sd Warrant of atannty was furr secured by a judgt confessed in her Majesty's torney.

Ct by virtue of a warrant of attorney from the (grantor)

office of

for that purpose Whas the sd (assignor) did effect an insurance Insurance. with the on the life of the sd (grantor) for the sum of £ to be pd to the sd (assignor) or his exs on the dece of the sd (grantor) in conson of the annual premium of And whas the sd (assignee) hath contracted and agreed

£

with the sd (assignor) for the absolute purchase to him of the sd annty or yrly sum of £

Now this Indre witnesseth That Testatum.

in pursuance of the sd agrt and in conson of the sum of £
of &c. (a) to the sd (assignor) in &c. paid by &c. the rect whof
&c. He the sd (assignor) Hath bargained sold assigned trans-

(4) In the general precedent before given of an annuity deed (see ante, No. LXXXV.) all is given fully which is here only briefly referred to.

No. XCII.
Assignment.

Habendum.

ferred &c. and by &c. doth bargain &c. unto the sd (assignee) his exs ads and ass All that the sd annty of £ in and by the sd in pt recited indre granted secured and made paye unto the sd (assignor) his exs ads and ass as hnbefe mentd and all arrears thof and all and evy sum and sums of money to become due and paye for and on acct of the sd annty &c. And all the right title interest trust property possn claim and demand whatsr both at law and in equity of him the said (assignor) of in to or out of the same annty and preses and evy pt thof Togr with all remedies and powers in and by the sd in pt recited indre given for recovering and receiving the same And also the judgment entered upon the sd warrant of attorney And also the sd policy of insurance and all and evy sum and sums of money secured or recoverable thon To Have and to Hold rece and enjoy the same annty &c. and all arrears and growing paymts thof Togr with the sd powers and remedies and means for enforcing the same and the sd judgment and policy of insurance and all and singr or. the preses hby assd unto the sd (assignee) his exs ads and ass from the day of now last past during the natural life of the sd (grantor) as fully absolutely and beneficially to all intents and purps whatsr as he the sd (assignor) might have held and enjoyed them if these prests had not been made And it is &c. (Power of Attorney, see last Precedents) And this Indenture further witnesseth That for the consons afd and also in conson of &c. to the sd (assignor's trustee) in &c. pd by the sd (assignee's trustee) &c. He the (assignor's T.) by the direction of the sd (assignor) and at the request and nomination of the sd (assignee) testified by their severally being pties to and executing Assignment by these prests Hath bargained sold &c. and by &c. And the sd

Further testatum.

one trustee to another.

(assignor) at the like request and apptmt of the sd (assignee) Hath ratified and confirmed and by these prests Doth &c. unto the sd (assignee's trustee) his exs ads and ass All those the sd messes and tents lands and heredts &c. in and by the sd in pt recited indre demised unto the said (assignor's T.) his exs &c. And all the este right title int term and terms of yrs &c. claim and demand whatsr &c. of him the sd (assignor's T.) and (assignor) or either of them of in to or out of the same To Have &c. the messes and tents lds heredts and all and singr or. the preses hby assigned or orwise assured or intended so to be and

No. XCII. Assignment.

trusts.

the old trustee

that he hath

done no act to

incumber.

evy pt thof with the appts unto the sd (assignor's T.) his exs ads and ass henceforth for and during all the residue and remdr of the sd term of yrs now to come and unexpired Upon Declaration of the trusts nevss and to and for the ends intents and purps in or by the sd indre decld or expssd concerning the same and in such manner that all the bent and advantage of the same trusts in favour of the sd (assignor) his exs ads and ass shall henceforth belong to and be reced and enjoyed by the sd (assignee) his exs ads and ass according to the true intent and meaning of these prests (a) And the sd (assignor's T.) for himself his exs Covenant by ads and ass doth hby covt and declare to and with the sd (assignee's T.) his exs ads and ass by these prests That he the sd (assignor's T.) hath not at any time heretofore made done exted committed or knowingly or wilfully suffered any act matter or thing whatsr whereby or by reason or means whof the sd messes and tents lands and herdts hby assd or orwise assured or intended so to be or the term of yrs thin or any pt thof are is can shall or may be impeached charged incumbered or prejudicially affected in any way whatsr And the sd (assignor) Covenants from for himself his hrs exs and ads doth covt promise and agree with and to the sd (assignee) his exs ads and ass That for and notwithstanding any act deed matter or thing by him the sd (assignor) made done committed or knowingly suffered to the contrary the sd annty &c. of £ is now subsisting and unre- Annuity subdeemed and good and valid both in equity and at law and also sisting, good right to assign. the sevl secties given for the same are now in force And that he the sd (assignor) hath at the time of exting these prests good

(a) If, instead of assigning the term to a new trustee, the old trustee be continued, omit the further testatum, and say "And it is hby decld and agrd by and betn the pties to these prests and parlarly the sd (T.) at the request and instance of the sd (assignor) doth hby for himself his hrs exs ads and ass covt and agree with and to the sd (assignce) his exs ads and ass That he the sd (T.) his exs ads and ass shall and will from time to time and at all times hraftr during the continuance of the sd term of yrs stand possessed of and be interested in the sd messes and tents Inds and heredts subject as afd Upon the trusts and to and for the ends intents and purposes expressed and decld of and concerning the same nevss so and in such manner that all bent and advantage of the same trusts in favour of the sd (assignor) his exs ads and ass shall henceforth belong to aud be reed and enjoyed by the sd (assignee) his exs ads and ass And the sd (T.) doth hby &c. (covenant that he has done no act to incumber, as above.)

assignor.

No. XCII. Assignment.

No act to encumber.

Further assu

rance.

right and full power and authority to bargain sell and ass the sd annty and or. the preses hby assd or orwise assured or intended so to be in manner afd And furr that he the sd (assignor) hath not at any time heretofore done or knowingly or willingly suffered nor shall nor will make do or suffer any act deed matter or thing whatsr whby or by reason whof the sd annty or any pt thof or any of the preses hby assd or orwise assured or intended so to be are is can or may be impeached chagd incumbered or in anywise prejudicially affected or the sd warrant of atty and policy of insurance or either of them are is can or may be in any way assigned satisfied released vacated or extinguished in consequence of which the sd (assignee) shall may or can be prevented or hindered from receiving or taking the sd annty or &c. of £ or any pt thof as and when the same from time to time shall become due and paye And that he the sd (assignor) his exs ads and ass shall and will from time to time at the rease request and at the costs and chas of the sd (assignee) his exs &c. make do and exte all and evy such furr and or. lful and rease acts deeds assnmts and assurances in the law whatsr for the furr better more perfectly and absolutely assigning and assurg the sd annty or &c. of £ in such manner and form as by the sd (assignee) his exs &c. or his or their counsel in the law shall be reasonably advised devised or required provided that the psn or psns required to make the same shall not be compelled or compellable to go or travel from his or their respective places of abode for the doing thof In witness &c. see ante, No. XLVI.

Memorial of

deed to be inrolled.

MEMORIALS OF ANNUITY DEEDS.

1. Memorial of Deed to be inrolled.

2. Requisites of the Memorial.
First, as to the Date.
Secondly, as to the Instrument.
Thirdly, as to the Estate on which

the Annuity is charged.

Fourthly, as to the Name.

Fifthly, as to the Names of the Wit

nesses.

Sixthly, as to the Consideration.
Seventhly, when void.

3. Stamp Duty on the Memorial.

SECT. 1. By the 53 G. 3, c. 141, ss. 2, 3, which repealed the 17 G.

3, a memorial of every deed, bond, instrument, or other assurance,

whereby any annuity or rent-charge shall be granted for one or more life or lives, within thirty days, shall be inrolled in Chancery. Such memorial to contain the date of the deed, the names of all the parties, and of all the witnesses, and to set forth the annual sum to be paid, the name of the person for whose life the annuity is granted, as also the name of the person or persons by whom the annuity is to be beneficially received, otherwise every such deed and assurance shall be void, the pecuniary consideration for granting the same, and the annual sum or sums to be paid, in the form or to the effect following.

Memorial.

The 3 G. 4, c. 92, and 7 G. 4, c. 75, serve to explain some doubtful

points in the 53 G. 3.

2. In the construction of these Acts as to the requisites of the me- Requisites of the memorial. morial, it has been held

First, as to the date, That the memorial of every instrument, by which an annuity is secured must contain the date of each instrument, 2 H. Bl. 13; but where an indenture is described, "as bearing even date with a bond," the date of which is set forth, it is sufficient, Mason v. Phillips, 5 M. & S. 369.

Secondly, as to the instrument. A bond given as a collateral security must be memorialized, Rosher v. Hurdis, 5 T. R. 678; and if it be joint and several, it is not sufficient to describe it as several only, Willey v. Cawthorne, 1 East, 398. Also the warrant of attorney to secure an annuity must be included in the memorial, Hopkins v. Waller, 4 T. R. 463.