of the witnesses should be given in such memorial, except as such form is thereby referred to; and such form does not provide that any description should be added to such names except by the addition of the word "of" to the letters "E. F." and "G. H." as aforesaid, as applicable to indentures of lease and release: And whereas in consequence of such indistinct enactment it may be doubtful whether it was the intention of the legislature to require any, or if any, what description to be added to the names of witnesses in the memorial of any deed, instrument, or assurance to be inrolled as aforesaid: And whereas a very great number of memorials of grants of annuities have since the passing of the said act been inrolled, in which the names of the witnesses to the deeds, instruments, or assurances specified in such memorials, have been inserted without the addition of the place of abode of such witnesses; and it has been inferred, from the use of the word "of" after such letters "F. F." and after such letters "G. H." as aforesaid, that it was necessary to describe each of such witnesses in such memorial as of some place, and in consequence thereof some grants of annuities made since the passing of the said act have been, in proceedings in summary applications to courts of justice, which cannot be reviewed in any superior court, deemed null and void, on the ground that no description of the place of abode of the witnesses to some or one of the deeds, instruments, or assurances by which such grants of annuities have been made, had been inserted in the memorials or memorial thereof, inrolled as directed by the said act: And whereas doubts have been entertained whether the construction so put on the said act is the true construction thereof, more especially as the same is so far penal as it renders deeds, instruments, and assurances, of which memorials have not been inrolled in pursuance of the said act, null and void, and the provisions in the said act are not so clear and explicit as the same ought to have been under such circumstances, and the parties claiming under grants of annuities may have been thereby misled and induced to conceive that it was not necessary under the provisions of the said act to insert in the memorial of any deed, instrument, or assurance, to be inrolled as aforesaid, the place or places of abode of the witness. or witnesses to such deed, instrument, or assurance, or any more than the name or names of such witness or witnesses, there being no words in the said act expressly requiring any

more to be so inserted, nor any words from which it could be inferred that any more was required to be so inserted except the word "of" after the letters "E. F." and "G. H." respectively, with reference to one species of assurance, inserted in the form of memorial before mentioned; and it is expedient to remove all doubts touching the construction of the said act, with respect to so much of the memorials required by the said act to be inrolled, as relates to any description of the witness or witnesses to any deed, instrument, or assurance: May it therefore please your Majesty that it may be enacted and declared, and be it enacted and declared by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That by the said act of the fifty-third year of the reign of his said The names of witnesses only late Majesty, no further or other description of the subscribing necessary in witness or witnesses to any deed, bond, instrument, or other memorial of assurance, whereby any annuity or rent charge is or may be granted, is required in the memorial thereof besides the names of all such witnesses, and so the said act shall be deemed, construed, and taken.

a

II. And whereas doubts have also arisen whether, under the said act of the fifty-third year of the reign of his said late Majesty, the omission to inrol a memorial of any one of the assurances for securing any annuity or rent charge does not vitiate the whole transaction, notwithstanding the inrolment of memorial of another deed, bond, instrument, or other assurance granting the same; and it is also expedient to remove such doubts, be it therefore further enacted and declared, That every deed, bond, instrument, or other assurance, granting any annuity or rent charge, and of which a memorial shall have been or shall be duly inrolled pursuant to the said act, notwithstanding the omission to inrol any other deed, bond, instrument, or assurance for securing such annuity or rent charge, shall be valid and effectual, according to the intent, meaning, and true effect thereof, notwithstanding a memorial of any other deed, bond, instrument, or assurance for securing the same annuity shall not have been duly inrolled, pursuant to the said act.

annuities.

III. Provided always, and be it further enacted, That nothing Act not to give herein contained shall extend to give any other force or validity validity to any any additional to any deed, bond, instrument, or other assurance, of which a deed.

Act not to give effect to any deed declared

void, or affect any proceedings at law commenced as herein-mentioned.

memorial shall have been duly inrolled as aforesaid, than such deed, bond, instrument, or other assurance would have had if any deed, bond, instrument, or other assurance for securing the same annuity, of which a memorial shall not have been duly inrolled, had never been executed.

IV. Provided always, and be it further enacted, That this act shall not extend, or be construed to extend, to revive or give effect to any deed, bond, instrument, or other assurance, whereby any annuity or rent charge hath been already granted, so far as the same hath been adjudged, declared, treated, or deemed void by any judgment, decree, action, suit, or proceeding at law or in equity, or by any acts or deeds of the parties thereto, or by any other legal or equitable means whatsoever; nor shall this act affect or prejudice any suit or proceeding at law or in equity commenced on or before the thirty-first day of May, one thousand eight hundred and twenty-two, and now depending, upon the ground of an alleged defect in the memorial thereof, in not describing the witnesses thereto otherwise than by his, her, or their name or names, for avoiding any such deed, bond, instrument, or other assurance.

7 GEO. IV. c. 75.

An Act to explain an Act of the Fifty-third year of the reign of
his late Majesty respecting the Inrolment of Memorials of Grants
of Annuities.
[31st May, 1826.]

WHEREAS by an Act of Parliament made and passed in the fifty- 53 Geo. III.
third year of the reign of his late Majesty King George the Third, c. 141, s. 11.
intituled "An Act to repeal an Act of the seventeenth year of the
reign of his present Majesty, intituled An Act for registering the
Grants of Life Annuities, and for the better Protection of Infants
against such Grants, and to substitute other Provisions in lieu
thereof;" it is enacted, That within thirty days after the execu-
tion of every deed, bond, instrument, or other assurance,
whereby any annuity or rent charge shall from and after the
passing of the said act 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, a memorial of the date of every such deed,
bond, instrument, or other assurance, of the names of all the
parties and of all, the witnesses thereto, and of the person or
persons for whose life or lives such annuity or rent charge shall
be granted, and of the person or persons by whom the same is
to be beneficially received, shall be inrolled in the High Court
of Chancery, in the form or to the effect in the said act stated,
with such alterations therein as the nature and circumstances of
any particular case may reasonably require: And whereas it
frequently happens that the names of witnesses to grants of
annuities or other assurances are unknown to the grantees
thereof, or their solicitors or agents, otherwise than as they
appear by the subscriptions of such witnesses to the attestations
of the execution of such grants or assurances, and it might
greatly endanger the validity of any such assurance if any name
were inserted in the memorial thereof as the name of any such
witness in any other manner than as the same appears signed
by such witness as attesting the execution of such assurance :
And whereas a very great number of memorials of grants of
annuities have since the passing of the said act been inrolled,

No further or other names of witnesses required in memorial than appear in the deed.

in which the surnames of witnesses to the deeds, instruments, or assurances, specified in such memorials, have been inserted, together with such initial letter, or abbreviation of the Christian names of such witnesses as appeared subscribed to the attestation by such witnesses of the execution of such deeds, instruments, or assurances, without stating at full length the Christian names of such witnesses: And whereas doubts have been entertained whether, according to the true construction of the said act, it is necessary to the validity of any such grant, or other assurance, that the Christian as well as surnames of all the witnesses to such deed, grant, or other assurance, should be inserted in the memorial thereof in any other manner than as the same may appear subscribed to the attestation of such deed, grant, or other assurance, by such witness respectively; and in order to remove such doubts, be it enacted and declared by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That by the said act of the fifty-third year of the reign of his said late Majesty no further or other name or names of the subscribing witness or witnesses to any deed, bond, instrument, or other assurance, whereby any annuity or rent charge is or may be granted, is or are required in the memorial thereof besides the names of all such witnesses as they shall appear signed to the attestations respectively of the execu tion of such deed, bond, instrument, or other assurance; and so the said act shall be deemed, construed, and taken.