No. CCCXCI.

*A Memorial to the Bank of England by a Foreigner requesting the Discount of Bills (1).

To the Honourable the Governor, Deputy Governor, and Directors of the Bank of England.

The Memorial of

Humbly sheweth,

THAT your memorialist has for many years past carried on a capital concern in the remitting and mercantile line, which he has conducted in a manner advantageous to this country, and in the course of which he has given satisfaction to those with whom he has had the honour to negotiate business, and acquired a respectability of character which emboldens him to seek assistance from you.

Your Honours must be sensible, that in a commerce like that in which your memorialist is engaged, great exertions are necessary to facilitate remittances to the many parts of Europe with which he corresponds. He has hitherto found every resource he could wish for in private discount. But as obstacles, it is well known, frequently occur to impede private accommodation, and these have at times subjected your memorialist to inconveniences, and as his remittances are generally made in bills, which perhaps none of you individually would refuse to discount, he flatters himself, that this circumstance, added to his character and connexions, will operate sufficiently in his favor

(1) This precedent has, perhaps, less connection with the proper subject of conveyancing than most of those to be found in the present collection; but having proposed to introduce in this edition such as relate more particularly to commercial matters, I have thought that the insertion of this will not be considered superfluous.

MEMORIAL.

Discount.

MEMORIAL.

Discount.

to induce you to be pleased to make him an exception to your general rule of not discounting for foreigners. Your memorialist is assured that this rule has not been adopted on illiberal grounds; and cannot conceive that because some foreigners have merited censure, you would withhold that assistance from others, which in a great commercial nation like this, it is humbly conceived, should be extended to every useful and honourable member of society. Your memorialist having never in any instance shipped to the value of one pound sterling in bullion other than what he has had from the bullion office; having never attempted in any manner to lower the price of the Funds, but having always during the course of his long establishment and extensive concerns been zealously anxious to conduct himself in a manner to benefit a country he would glory in calling his own— presumes to pray, that you will be pleased to discount for your memorialist in the ordinary mode, as accustomed with natural subjects. And your memorialist, as in duty bound, shall ever pray, &c.

No. CCCXCII.

A Memorial of an Exchange at Common Law.
Variations where it is effected by Lease and Release.

A Memorial to be registered, &c. (1)

Of a deed of EXCHANGE, indented, bearing date the

,

day

of
and made between (the exchangor) of, &c. of the one
part, and (the exchangee) of, &c. of the other part, purporting to be
a grant from the said (exchangor) unto the said (exchangee), of
ALL, &c. (2) in exchange for other lands of the said (exchangee),
which said indenture is witnessed by

of

of

,

and
and is hereby required to be registered

by the said (exchangee), as witness his hand and seal (3) this
day of

Signed and sealed in

the presence of (4) S

A. B.

C. D.

(Exchangee) L. S.

MEMORIAL

Exchange.

(1) See ante, p. 617.

(2) Here set out the parcels contained in the deed of Exchange Parcels.
which are conveyed to the exchangee.

(3) See post. p. 638, n. (6).

(4) See ibid. n. (7).

SUP.-VOL. II.

TT

MEMORIAL.

Judgments.

No. CCCXCII.

A Memorial of a Judgment (1).

A Memorial to be registered, &c. (2)

of

Or a judgment in his Majesty's Court of
term, in the

, at Westminster, year of the reign of King George the between (3) A. B. plaintiff, and C. D. otherwise called C. D. of, &c. defendant, in a plea of debt for L

and

638. costs.

The Certificate.

Judgments not binding until registered.

Contents of memorial.

Memorial must

by certificate

I do hereby certify that judgment was signed in the above cause the

day of

Signed E. F. (4)

(1) It is essential that the memorial of a judgment should be registered as soon as possible, as under the registering acts (see post. p. 637, n. (1)), no judgment, statute, or recognizance (other than such as shall be entered into in the name and upon the proper account of his Majesty, his heirs and successors,) will bind any lands, tenements, or hereditaments, but only from the time that a memorial thereof shall have been duly entered at the register office. This clause is general as to property in Middlesex; but in the East and West Ridings of York, and the town and county of Kingston-upon-Hull, if the judgment, statute, or recognizance, be registered within thirty days from the time of the acknowledgement or signing thereof, it will bind all the lands of the defendant at the time of such acknowledgement or signing: in the North Riding of York the time is limited to twenty days.

(2) See ante, p. 617.

(3) The memorial of a judgment must contain the names of the plaintiffs, and the names, additions, and places of abode (if any such there be in such judgment) of the defendants, the sums thereby recovered, and the time of the signing thereof.

(4) In order to enable judgments, statutes, and recognizances to be be accompanied registered, the party desiring the same is required by the registering acts to produce to and leave with the register or master to be filed in the Register Office, a memorial of such judgment, statute, or recog

and affidavit.

The Affidavit.

G. H. of, &c. maketh oath and saith, that he saw (1) secondary of the Court of King's Bench, sign the certificate of the judgment in the memorial above mentioned.

Sworn before me

the day of

}

J. K. (3)

G. H. (2)

MEMORIAL.

Judgments.

nizance, signed by the proper officer or his deputy, who shall sign such judgment in the same office, or by the proper officer in whose office such statute or recognizance shall be enrolled, together with an affidavit sworn before one of the judges at Westminster or a Master in Chancery, that such memorial was duly signed by the officer whose name shall appear to be thereunto set.

(1) If the judgment be obtained in the Court of Common Pleas, say, "One of the prothonotaries of the Court of Common Pleas.”

Common Pleas.

Exchequer.

certificate.

(2) This must be signed by the secondary of the Court of King's Signature of Bench, if the judgment be obtained in that Court; or if it be obtained in the Court of Common Pleas or Exchequer, by the prothonotary or clerk of the pleas.

(3) This must be a Master in Chancery, or a judge of the court where the judgment was entered up.