QUALIFICATION. Office, &c. No. CCCCXXXV. A Grant of a Rent-Charge, for the purpose of qualifying a person to sit in Parliament, &c. or other purposes mentioned in the preceding precedent. WITNESS. The grantor in consideration, &c. Grants a rentcharge of £ To hold to the grantee, during day of in the year THIS INDENTURE, made the Nominal consideration of 5s. improper. (1) The practitioner will observe, that the nominal consideration of 5s. is here omitted; it is indeed, in most cases, unnecessary, and is inserted in compliance only with the established usage of the profession; but in this case it might seem to be peculiarly improper, as the act of 53 Geo. 3. c. 141, which requires the grants of all annuities or rent charges to be enrolled, excepts voluntary annuities or rent-charges granted without regard to pecuniary consideration or money's worth; and, it might perhaps be contended, that, if this consideration were inserted, the deed was not within the exception of the act, and therefore liable to be enrolled; but, as this consideration is merely nominal, and is confessedly never paid, (and it has been holden not to be material to be inserted in the memorial under the annuity act of 17 Geo. 3, which required the actual consideration to be particularly set forth, see Ince v. Everard, 6 Durnf. and E., 547,) the insertion of it in the present case does not appear to be of consequence; it may, however, perhaps, be proper, in order to prevent all question arising, (as the words are of no use,) that they should be omitted. QUALIFICATION. Office, &c. grantor and avoidance of tion. the said yearly rent-charge unto the said (grantee) for and during the term of the joint natural lives of the said (grantor) and (grantee), BUT SUBJECT nevertheless to the proviso, condition, or joint lives of agreement hereinafter contained, (that is to say), PROVIDED ALWAYS, grantee. and these presents are upon this express condition nevertheless, and Proviso for it is hereby declared and agreed by and between the said parties grant on alienahereto, that if the said (grantee) do or shall at any time hereafter by any ways or means whatsoever, grant, bargain, sell, assign, convey, transfer, or otherwise make over to any person or persons whomsoever the said yearly rent-charge hereby or intended to be hereby granted, or any part thereof, without the special licence and consent of the said (grantor), under his hand first had and obtained for that purpose; or do or shall at any time hereafter make, do, commit, or execute, or cause, procure, permit, or suffer to be made, done, committed, or executed any act, deed, matter or thing whatsoever, whereby or by reason or means whereof the said yearly rent-charge, or any part thereof, or any estate or interest therein, shall or may be transferred unto, or become vested in, any creditor or creditors, assignees, trustees, or other person or persons whomsoever, then and in either of the said cases, these presents and the yearly rent-charge hereby or intended to be hereby granted, shall immediately thereupon cease, determine, and be utterly void to all intents and purposes whatsoever; and, in that case also, it shall be lawful for the said (grantor) and his heirs, then and from thenceforth and immediately thereafter, to have, hold, occupy, possess, and enjoy the messuages, lands, and hereditaments hereby charged or made chargeable with the payment of the said yearly rent-charge, freed and absolutely discharged of and from the same, in such and the same manner to all intents and purposes whatsoever, as if these presents had not been made, any thing herein contained or implied to the contrary thereof, in anywise notwithstanding. PROVIDED also, and it is hereby further declared and No more than agreed by and between the said parties hereto, and the said (grantee) doth hereby expressly consent and agree that the premises herein- coverable. before made chargeable with the payment of the said yearly rentcharge, shall not at any time be chargeable with, or be liable to pay any further or greater portion of the same than one year's arrears thereof, nor shall the person of the said (grantor) be, in or under any case or circumstances, liable to pay the same, or any part thereof, any rule of law or equity, or any thing hereinbefore contained or implied to the contrary thereof in anywise notwithstanding. IN WITNESS, &c. one year's arrears to be re QUALIFICATION. Office, &c. No person can vote in respect of a rent-charge until the same shall be registered. Contents of the memorial of qualification. Need not be en rolled under 53 Geo. 3. c. 141. In order to prevent fraudulent and occasional votes in elections, so far as relates to the right of voting by virtue of any annuity or rentcharge, the act of 3 Geo. 3. c. 24, was passed, whereby, s. 3, it is enacted, that from and after the first of August, 1764, no person shall vote at any election of knight of the shire, citizen or burgess, in respect of any annuity or rent-charge, or of any assignment of the same, unless a memorial of the grant thereof or of such assignment have been registered with the clerk of the peace of the county, riding, or division, or with the town clerk, or other public officer having the custody of the records within the city or town wherein the lands or tenements, out of which the annuity or rent-charge issues, shall lie, twelve calendar months before the first day of election. This memorial must be written on parchment, and directed to the clerk of the peace, town clerk, or other public officer; it must contain the day and year of the date, and the names, additions, and abodes of the parties and witnesses, and all the lands and tenements out of which the annuity or rent charge issues, and the parish, township or place, or the parishes, townships or places where such lands and tenements lie; and must be under the hand and seal of the grantor or grantors, and be attested by two witnesses, one whereof to be one of the witnesses to the execution of the grant, which witness must upon oath before such clerk of the peace, town clerk, or other public officer, or their deputies, prove the sealing and delivering of the grant, and the signing and sealing of the memorial. And the act further directs, that every such grant of which a memorial is to be registered shall, at the time of entering such memorial, be produced to the clerk of the peace, town clerk or other officer, or their deputies, who shall thereupon indorse a certificate, in which shall be mentioned the day and year on which such memorial shall be so entered. This annuity, being a voluntary one, does not come within the 53 Geo. 3. c. 141. and therefore need not be enrolled; that act, s. 10, expressly excepting voluntary annuities and rent-charges granted without regard to pecuniary consideration or money's worth. No. CCCCXXXVI. A Re-assignment of Leasehold (1) Premises to a Mortgagor, on Variations where the re-conveyance is by or to the Representa- RE-ASSIGNMENT. Leaseholds (mortgaged). THIS INDENTURE made the day of in the ". of the reign, &c. and in the year of our Lord 18 year , BETWEEN (2) (the mortgagee) of, &c. of the one part, and (the mortgagor) of, &c. of the other part. WHEREAS by an indenture of assignment by Recital of mortway of mortgage, bearing date on or about the day of and made or expressed to be made between the said (mortgagor) of gage (1) For reconveyance of freehold premises, see post. ANCE", No. CCCCXL. "RECONVEY- Freehold. (2) If either the mortgagor or mortgagee be dead, make his execu- Representatives tors or administrators parties in his place. of mortgagor or mortgagee. RE-ASSIGNMENT. the said (mortgagee), his executors, administrators, or assigns, the Leaseholds said sum of £ (mortgaged). of of L. L next ensuing the date thereof, then the said indenture should cease and be void. AND WHEREAS the said sum of L was not paid to the said (mortgagee) on the day in the said proviso appointed for payment thereof, whereby the estate and interest of the said (mortgagee) in the said premises became absolute at law, and redeemable only in equity (1). AND WHEREAS there is now due and owing to the said (mortgagee), upon the said in part recited security, the said principal sum of £ , together with the sum for interest up to this day, making together the sum of AND WHEREAS the said (mortgagor) is now desirous of discharging the same on having such re-assignment made to him of the said premises as hereinafter is expressed. Now THIS INDENTURE WITNESSETH, that for and in consideration of the sum of L. of lawful money of the United Kingdom of Great Britain and Ireland, to the said (mortgagee) in hand well and truly paid by the said (mortgagor), at or immediately before the sealing and delivery of these presents, the receipt whereof, and that the same is in full payment and satisfaction of all principal, interest, and other monies due to the said (mortgagee), under or by virtue of the said hereinbefore in part recited indenture, or otherwise, the said (mortgagee) doth hereby acknowledge, [and of and from the same and every part thereof, doth acquit, release, exonerate, and for ever discharge the said (mortgagor), his heirs, executors and administrators, and also the said mortgaged premises, as well by these presents as by the receipt for the same sum hereupon indorsed ;] HE, the said (mortgagee), HATH bargained, sold, assigned, transferred, released, relinquished, and quitted claim, and by these presents, DoтH bargain, sell, assign, transfer, release, relinquish, and quit claim unto the said (mortgagor), his executors, administrators and assigns, ALL, &c. and all and singular other the several messuages or tenements, lands and premises, comprised in the said hereinbefore in part recited indenture of assignment, ex (1) If either the mortgagor or mortgagee be dead, recite here his death and will, or intestacy, as post. p: 578 in notes. If the mortgage have been previously transferred, see ibid. If the mortgage-money have been already paid, but no conveyance executed, see ibid. If the mortgagor be immediately to convey to a new mortgagee or purchaser, see ibid. |