Copyholds.

Leases at rack-rent - to what the exception of extends.

Whether to building or repairing leases.

Leases for twenty-one years or under.

London not affected by registration act.

Registration of assignment of money charged on land, whether necessary.

(s) Sug. 980.

(t) Rigge on Registration, 88, n.

(v) Rigge, ubi supra.

(w) Rigge, ubi supra.

(x) Sug. 982.

(y) Malcolm v. Charlesworth, 1 Keen, 63; see p. 73.

Conveyances of lands taken under the provisions of the Lands Clauses Consolidation Act, 1845, are, it is believed, in practice registered in the local registers, the same as ordinary purchases; and this seems the proper course.

Upon purchasing from a devisee the will should be registered; and unless this has been or can be done within the period allowed by the Act it is by no means clear that a good title can be made without the concurrence of the heir (a).

As to the contents of the memorial which are required by the Legislature, see Sir E. Sugden's work, p. 972 (b). In recent practice, however, a somewhat fuller statement of the contents and effect of the deed is required at the registration offices, where forms are supplied for the guidance of the public: the registrars, it appears, may be required to register a lithographed memorial (c).

The memorial itself may be executed either by the vendor or purchaser, or either of their heirs, executors, administrators, guardians, or trustees; but one of the two attesting witnesses to the memorial should be a witness who attested the execution of the deed by (it is said) a granting party (d); where the attesting witnesses are dead, re-execution of the deed in the presence of a witness for the purpose of registration is useless (e).

Of deed of appointment requisite.

Railway conveyances, etc, to be registered.

Will on purchase from devisee.

Memorial- its contents.

Attestation of.

(z) Scrafton v. Quincey, 2 Ves. sen. 413.

(a) See an article in 14 Jur. pt. 2, p. 267; but see also Sug. 967.

(b) 11th ed.; and see Reg. v. Middlesex Registrars, 15 L. T. 159, where the memorial was held insufficient: the stamp under the late Act is reduced to 2s. 6d.

(c) Ex parte Ivemey, 9 Jur. 371,

Q. B.; Reg. v. The Middlesex Registrars, 7 Q. B. 156.

(d) Sug. 970; and it was so decided in Jack v. Armstrong, Hud. &

B. 727, 732; but see 9 Jarm. Conv. by S. 683, contending that it is sufficient if the witness attested the execution of the deed by either party.

(e) Essex v. Baugh, 1 Y. & C. C. C. 620

And it may perhaps deserve consideration whether the above doctrine, (which was first advanced by Sir E. Sug-den,) does not admit of extension; his observation, (which gave rise to the decision in Essex v. Baugh (f),) is as follows, "One of the witnesses" (i.e. to the memorial) "must be a witness to the execution of the deed; and this must be understood to mean, not merely the execution by an unnecessary party, as the grantee, but the execution by the party from whom the estate moves;" now where the estate is conveyed by several owners, say A., B., and C, each seised of an undivided share, and whose execution of the conveyance is attested by different witnesses, a memorial, attested only by the witness who attested A.'s execution of the deed, is evidently not attested by any witness to the execution of the deed considered as a conveyance of the shares of B. and C, such shares possibly constituting the bulk of the estate: this will, perhaps, appear more obvious if we suppose a purchaser to take by a single deed a conveyance of several distinct estates from several owners: it would seem to be prudent in all such cases to have the memorial attested by a witness or witnesses to the execution of the deed by all the several owners (g).

As respects lands situate in the Bedford Level, it appears that conveyances omitted to be registered under the Bedford Level Act (h) are nevertheless valid for all purposes except for entitling the grantees to the privileges conferred by the Act on the owners of lands within the Level, and for the other purposes of the Act (i).

Where a conveyance was made to a purchaser apparently as the beneficial owner, but the purchase-money was in fact part of a charitable fund, and the nominal purchaser by a subsequent deed in execution of a power reserved by the conveyance, settled the property in favour of the Charity, it was held that both the conveyance and the subsequent settlement required to be enrolled in Chancery under the Statute of Charitable Uses (k).

Where deed operates as a conveyance of several shares or estates.

Registra-t on under Bedford Level Act.

Conveyance to charity Trustee, as apparent beneficial owner, must be enrolled under the Mortmain Act.

(f) Ubi supra.

(g) But see 9 Jarm. Conv. by S. 683.

(h) 15 Car. IT. c. 17.

(i) Willis v. Brown, 10 Sim. 127.

Where the vendor is tenant in tail, it is essential to the validity of the deed, as against the issue in tail and remaindermen, that it should be enrolled in Chancery within six calendar months after its execution by the vendor (l); but if so enrolled it takes effect from the time of execution (m); except as against persons claiming for valuable consideration under a prior enrolled deed (although subsequently executed) and without express notice of the voidable estate created by the prior assurance (n); the enrolment may be made by either vendor or purchaser.

If there be a protector of the settlement, and his consent to the assurance be given by a separate deed, the consent-deed must be executed on or before the day on which the assurance is made by the tenant in tail, and must be enrolled in Chancery either at or before the time when the assurance is so enrolled (o).

A legal tenant in tail of lands held by copy of Court Roll may bar the entail by surrender; and an equitable tenant in tail may bar the entail either by surrender or by deed (p); if the assurance be by deed, the same must, within six calendar months after execution, be entered on the Court Rolls of the Manor (q); the consent of the protector (if any) may be given by deed, (whether the estate be legal or equitable,) or personally to the person taking the surrender (in those cases where the tenant in tail surrenders) (r).