673 MEMORIALS. As to lands situate in Middlesex, or the North, East and West Ridings of Yorkshire, or the town and county of the town of Kingston-upon-Hull, all deeds and wills are made void as against purchasers or mortgagees for value, unless a memorial thereof is registered within the time and according to the terms prescribed by the Registry Acts respectively, 7 Ann. c. 20.; 8 Geo. 2. c. 6.; 6 Ann. c. 35.; 2 & 3 Ann. c. 4.; 5 Ann. c. 18. property Acts do not The Registry Acts do not extend to copyholds, To what leases at a rack rent, or to any lease not exceeding Registry twenty-one years where the actual possession and extend. occupation go along with the lease, or to any of the chambers in Serjeants' Inn, or to the Inns of Court or Chancery. The exception as to the chambers in Serjeants' Exceptions. Inn has occasioned some doubt whether the act for Middlesex was not intended to embrace the whole metropolis, except the borough of Southwark; but it is the general opinion that the act does not extend Appointment must to the city of London, and this opinion is very generally acted on in practice. (Sug. C. V. & P. 582). A deed of appointment under a power must be be registered. registered. (Scrafton v. Quincey, 2 Ves. Sen. 413). The memorial of an assignment of leaseholds will not, by containing a recital of the lease, cure the omis sion to register the lease. (Honeycomb v. Waldron, 2 Str. 1064). Assignment of legacy charged on land need An assignment of a legacy charged on land is an assignment of money only, so that such an assignnot be regis- ment need not be registered. (Malcolm v. Charlesworth, 1 Keen, 63). tered. Assignment of lease for years. It is always usual in practice, Lord St. Leonard's twenty-one remarks, to require a beneficial lease, not exceeding twenty-one years, to be registered where it is assigned by way of mortgage. (Sug. C. V. & P. 581). But if a lease for twenty-one years, where the actual possession and occupation go along therewith, is assigned for a valuable consideration, such assignment continues strictly within the exception. Particulars to be ob served in drawing memorials. The object of the enactments being to secure subsequent purchasers and mortgagees against secret incumbrances, a purchaser, who buys with notice of an unregistered deed, is bound in equity by such deed, as completely as if it had been registered. (Le Neve v. Le Neve, 3 Atk. 646. 655). The particulars to be observed in drawing memorials are as follows: The date of the deed or will must be mentioned, together with the names and additions of all the parties, and of the devisor or testatrix of the will, and of all witnesses to the deed or will, and the places of their abode. The description of the premises contained in the operative part of the deed should, in all cases, be set out in the memorial, and also that contained in any recital, to which the operative part of the deed has reference. ments should Indorsements should be described as such, and How indorsethe parties' descriptions should be taken from the be described. deed upon which it is indorsed and a reference given to the registry thereof. The operative words of indorsement should be set out fully, inserting after them the following words: "And which premises are in the therein within-written indenture described to be situate in the parish of -, in the county of Middlesex" (a). With reference to memorials of an assignment of a lease and the practice of referring for the parcels to the prior registry of the lease, Lord St. Leonard's states that the practice is incorrect, as the statute only authorizes such a reference when several writings are executed to perfect the same conveyance or security. (Sug. C. V. & P. 581). how to be attested. Memorials must be under the hand and seal of some or one of the grantors, or some or one of the grantees, his or their heirs, executors, or adminis- Memorials trators, guardians or trustees, attested by two executed and witnesses, one whereof to be one of the witnesses to the execution of the deed, which witness must, upon oath before the Registers, or before a Master ordinary or extraordinary in Chancery, prove the execution of the memorial and the (a) [Or in the riding of the county of York, or in the town and county of the town of Kingston-upon-Hull, as the case may be]. deed; and in the case of wills, the memorial must be under the hand and seal of some or one of the devisees, his or their heirs, executors or administrators, guardians or trustees, attested by two witnesses, one whereof shall, upon his oath before the Registers or Masters, or before such Master in Chancery as aforesaid, prove the signing and sealing of such memorial, and shall indorse a certificate thereof on every such memorial, and sign the same. OF A CONVEYANCE OF FREEHOLDS. No. CXXII. FORM of MEMORIAL of a DEED of CONVEYANCE of day of A MEMORIAL to be registered of an indenture, bearing date Signed and sealed in the presence of C. D. [Two witnesses.] No. CXXIII. FORM of MEMORIAL in CASES where the Premises OF AN AS- A MEMORIAL to be registered of an indenture, bearing date day of -, purporting to be a lease of all that [the parcels], for the considerations in the now memorializing indenture mentioned, the said A. B. did assign to the said C. D. the several pieces or parcels of ground, with the messuages or tenements thereupon erected, and all and singular other the premises comprised in and demised by the several thereinbefore in part recited indentures of lease, with the appurtenances: To hold, &c., WHICH said indenture as to the execution thereof by the said A. B., is witnessed by E. F., of &c., and as to the execution thereof by the said C. D. is witnessed by G. H., of &c. As WITNESS the hand and seal of the said C. D. Signed and sealed in the presence of C. D. SIGNMENT HOLDS. [Two witnesses]. |