from the use of the word "of" after such letters "E. F." and after such letters "G. H." as aforesaid, that it was necessary to describe each of such witnesses in such memoria! 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 enrolled 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 enrolled 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 enrolled 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 enrolled 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 late Majesty, no further or other description 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 required in the memorial thereof, besides the names of all such witnesses; and so the said Act shall be deemed construed and taken. 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 enrol a memorial of any one of the assurances for securing any annuity or rent charge does not vitiate the whole transaction, notwithstanding the enrolment of a 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 enrolled pursuant to the said Act, notwithstanding the omission to enrol 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 enrolled pursuant to the said Act. III. Provided always, and be it further enacted, That nothing herein contained shall extend to give any other force or validity to any deed, bond, instrument, or other assurance of which a memorial shall have been duly enrolled 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 enrolled, had never been executed. No. III. 3 Geo. IV. c. 92. No further Description of Witnesses is necessary in the Memorial of Annuities than the Names of Deed granting morial of which withstanding the Omission of enrolling any other Deed for securing such Annuity. Act not to give c. 75. No. IV. IV. Provided always, and be it further enacted, That this Act shall not 7 Geo. IV. 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 Act not to give 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. Effect to any Deed declared void, or affect any Proceedings at Law. [ No. IV. 1 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 Enrolment of Memorials of Grants of Annuities.-[31st May 1826.] WHEREAS by an Act of Parliament made and passed in the fiftythird year of the reign of His late Majesty King George the Third, 53 G. 3. c. 141. intituled An Act to repeal an Act of the Seventeenth Year of the reign of His present Majesty, intituled · Ån 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 execution 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 enrolled 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 inanner 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 enrolled, 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 witnesses 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 Parlia No. IV. 7 Geo. IV. c. 75. ment 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 No further or their attestations respectively of the execution of such deed, bond, instru- other Names of ment, or other assurance; and so the said Act shall be deemed construed Witnesses required in the Memorial than appear in the Deed. and taken. • X3 PART III. CLASS VII. Gaming.* [No. I. ] 33 Henry VIII. c. 9.-The Bill for the main- [ No. II. ] 16 Charles II. c. 7.-An Act against deceitful, disorderly, and excessive Gaming. WHEREAS all lawful games and exercises should not be otherwise used than as innocent and moderate recreations and not as constant 16 Car. II. c. 7. 'trades or callings to gain a living or make unlawful advantage thereby; and whereas by the immoderate use of them many mischiefs and in'conveniencies do arise and are daily found to the maintaining and encouraging of sundry idle loose and disorderly persons in their dishonest lewd and dissolute course of life, and to the circumventing deceiving cousening and debauching of many of the younger sort both of the nobility and gentry and others to the loss of their precious time and the utter ruin of their estates and fortunes and withdrawing them from noble and laudable employments and exercises:' II. Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the authority of the same, That if any person or persons of any degree or quality whatsoever at any time or times after the nine-and-twentieth day of September which shall be in the year of our Lord God one thousand six hundred sixty and four, do or shall by any fraud, shift cousenage circum- Deceits and vention deceit or unlawful device or ill practice whatsoever in playing at Cousenages in or with cards dice tables tennis bowles kittles shovel-board; or in or by Gaming. cock-fightings horse-races dog-matches foot-races or other pastimes game or games whatsoever or in or by bearing a share or part in the stakes wagers or adventures, or in or by betting on the sides or hands of such as do or shall play act ride or run as aforesaid win obtain or acquire to him or themselves or to any other or others, any sum or sums of money or other valuable thing or things whatsoever; that then every person and persons so offending as aforesaid, shall ipso facto forfeit and lose treble the sum or value of money or other thing or things so won gained obtained or acquired; the one moiety thereof to our Sovereign Lord the King his heirs and successors, and the other moiety thereof unto the person or persons grieved or who shall lose the money or other thing or things so gained; so as every such loser and person grieved in that behalf do or shall prosecute and sue for the same within six calendar months next after such play: And in default of such prosecution, the same other How to be moiety to such person or persons as shall or will prosecute or sue for sued for and the same within one year next after the said six months expired; And recovered, that the said forfeitures shall or may be sued for or recovered by action of Those Statutes which relate to gaming principally as a matter of penal law, are inserted in Part VI. Class 20; but the Titles are noted in this Class as they occur in chronological order. |