Assignment. attorney. Testatum. - -- (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 thereafter to repurchase the sd annty at the price and on the terms Warrant of thinmentd And whas the paymt of the sd annty was furr secured by a judgt confessed in his Majesty's Ct by virtue of a warrant of attorney from the (grantor) Insurance. for that purpose Whas the sd (assignor) did effect an insurance with the office of 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 in pursuance of the sd agrt and in conson of the sum of £ — of, &c. to the sd (assignor) in, &c. pd by, &c. the rect whof, &c. He the sd (assignor) Hath bargained sold assigned transferred and, &c. and by, &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 every 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 posson claim and demand whatsr both at law and in equity of him the sd (assignor) of, in, to or out of the same annty and preses and every 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 up on the sd warrant of attorney And also the sd policy of insurance and all and evy sum and sunis of money secured or reHabendum. coverable thon To Have and to Hold rece and enjoy the same annty, &c. and all arrears and growing payints thof Togr with the sd powers and remedies and means for enforcing the same and the sd judgmt 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 Further tes- been made And it is, &c. (Power of Attorney. See last tatum. 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 ment. (assignor) and at the request and nomination of the sd Assign(assignee) testified by their severally being pties to and executing these prests Hath bargained sold, &c. and And the sd (assignor) at the like request and by one trusAssignment by, &c. apptmt of the sd (assignee) Hath ratified and confirmed tee to anand by these prests Doth, &c. unto the sd (assignee's other. trustees) 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 sd (assignor's T) his exs, &c. And all the estate 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 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 the trusts nevss and to and for the ends intents Declaration and purps in or by the sd indre decld or expssd con- of trusts. cerning 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 recd 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 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 willingly suffered any act matter or thing whatsr whereby or by reason or means whof the sd messes and tents lands and heredts 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 (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 ptics 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 (assignec) his exs ads and ass That he the sd (7) 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 expssd 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 and be recd and enjoyed by the sd (assignee) his exs ads and ass And the sd (7) doth hby, &c. (covenant that he has done no act to encumber, as above.) Covenant by the old trustee that he hath done no act to encum ber. Assignment. Covenants from assignor. Annuity subsisting good right to assign. No act to encumber. Further as surance. Memorial of deed to - or prejudicially affected in any way whatsr And the sd (assignor) 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 unredeemed and good and valid both in equity and at law and also 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 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) sha!l, 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. Iful and rease acts deeds assnmts and assurances in the law whatsr for the furr better more perfectly and absolutely assigng 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 psus 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. Memorial of an Annuity. Obs. 1. By the 53 G. III. c. 141, s. 2, 3, which repealed the 17 G. III. a memorial of every deed, bond, instrument, or other be enrolled, assurance, whereby any annuity or rent-charge shall be granted for one or more life or lives, within 30 days, shall be enrolled 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 in the form or to the effect following. tion for granting the same, and the annual sum or sums to be paid, such deed and assurance shall be void. The pecuniary consideraby whom the annuity is to be beneficially received, otherwise every For securing the same Annuity or Rent-charge. Memorial. Requisites of the memorial. Stamp. The 3 G. IV. c. 92, serves to explain some doubtful points in the 53 G. III. 2. In the construction of these Acts, it has been held, 1. 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 decribed as bearing even date with a bond,' the date of which is set forth, it is sufficient, Mason v. Phillips, 5 M. & S. 369.—2. 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 E. 398. Also the warrant of attorney to secure an annuity must be included in the memorial, Hopkins v. Waller, 4 T. R. 463.—3. As to the estate on which the annuity is charged. The nature of the estate and the interest the grantor has in it, must be specified in the memorial, Bradford v. Burland, 14 E. 446. So where there are trusts which are created in consequence of the annuity, they must be stated, not in general terms, Taylor v.Johnson, 8 T. R. 184; nor by the words Upon the trusts therein mentioned,' Dolman v. Dolman, 5 T. K. 641. But the clause for redemption, which was held to be necessary under the 17 G. III. is not required by the 53 G. III. c. 141. Yems v. Smith, 3 B. & A. 206.-4. As to the names of the parties. The name of the person actually paying the consideration money must be given, when it is paid on account of another; Dalmer v. Barnard, 7 T. R. 248.-5. As to the names of the witnesses. The description of the witnesses was required under the two first Acts to be accurately set forth, Darwin v. Lincoln, 5 B. & A. 444; but the 3 G. IV. c. 92, declares, that no further description of the witnesses is necessary than the naming them, St. John v. Champneys, 1 Bing. 77.-6. As to the consideration. An annuity granted in consideration of relinquishing a business or a school, or in consideration of any thing but money, does not require to be memorialized; Crespigny v. Wittenoon, 4 T. R. 790; Hutton v. Lewis, 5 T. R. 639. The consideration must be truly set forth in the memorial; Washburn v. Birch, 5 T.R. 472; Watts v. Millard, ib. 598; also the mode of payment; Vaur v. Ansell, 1 B. & P. 224; Wright v. Rend. 3 T. R. 554. But where there are several deeds for securing an annuity, the consideration need not be repeated in them all, Hodges v. Money, 4 T. R. 500, provided there be words of reference in the deeds not containing the consideration, to shew that they are all connected, Saunders v. Hardinge, 5 T. R. 9.— 7. How void. By the two first Acts, the omission to register any of the deeds, rendered the whole transaction not only voidable, but absolutely void; but by the last Act, all deeds enrolled, are declared to be valid and effectual, notwithstanding the omission to enrol other deeds for securing the same annuity. 3. By the 55 G. III. c. 184, the niemorial of an annuity requires a stamp of 14. and a further progressive duty of 10s. for every piece of vellum or parchment after the first on which the memorial is written. Memorial of Grant of an Annuity by Indenture. A Memorial to be enrolled pursuant to Act of Parliament of an Indre tripartite being a grant of an annty bearing date the day of and made betn (grantor) of, &c. of the first pt (grantee) of, &c. spinster of the second pt and (trustee) a trustee named by and on |