Name or Names Person or Per-
of Person or Per-sons for whose
APPOINTMENT. Power of appointment not absolute-
ly necessary to be recited in a deed of appoint-
the form following, with such alterations therein as the circumstances
otherwise every such assurance shall be void, to all intents and
APPOINTMENT.—Continued.
Although it is advisable in such cases to set it forth
And it should be recited in the very words of the
power
If any such annuity be granted by, or to any company not exceed-
ing ten, formed for the purpose of granting annuities, it shall be
sufficient in the memorial to describe such company by the usual
firm. s. 3.
In every assurance, where the person to whom such annuity shall
be granted, shall not be entitled thereto beneficially, the names of
the persons intended to take beneficially shall be described in like
manner as before required in the enrolment; otherwise every such
assurance shall be void. s. 4.
In case any person by whom any annuity or rent charge, required
to be enrolled, shall be payable, shall be desirous of obtaining a copy
of the assurance, and of such his desire shall give twenty-one days
notice in writing to the person entitled to such annuity, such person
shall, on or before the expiration of such twenty-one days, unless
prevented by fire or other inevitable accident, and in that case if the
assurances shall not be destroyed by such accident, then as soon after
as such impediment shall be removed, send or deliver to the person
requiring the same, a copy of every assurance, whereby such annuity
or rent charge was granted, or of such as in such notice shall be
required; such person paying to the person furnishing the same,
sixpence for every one hundred words, and also the costs of sending
or delivering the same; and the person holding the original instru
ments may be compelled thereto by a summons before a judge, either
B. R. or C. B. s. 5.
That if any part of the consideration shall be returned, or in case
such consideration, or any part shall be paid in notes, not paid when
due, or cancelled without being first paid; or if expressed to be paid
in money, but the same or any part shall be paid in goods; or if the
consideration or any part shall be retained, on pretence of answering
future payments, or any other pretence; the court in which any
action shall be brought, or judgment entered may by motion, stay
proceedings and order every deed to be cancelled, and the judgment
vacated. s. 6.
A particular book shall be provided and kept by the clerks of the
enrolments in chancery, or their deputy, in which such particulars
as before mentioned shall be entered alphabetically, by the names of
the grantors; and there shall be paid for every such entry twenty
shillings only, and the fee of one shilling for every certificate and copy
given, and the fee of one shilling for every search in the office. s. 7.
All contracts for the purchase of any annuity or rent charge with
any person, under twenty one years, shall be utterly void, any attempt
to confirm after such person shall have attained the age of twenty-
one years notwithstanding: and if any person shall, either in person,
by letter, agent or otherwise howsoever, procure, engage, solicit or
ask any person, under twenty-one years, to grant or attempt to grant
any annuity or rent charge, or to execute any bond, deed, or other
instrument for securing the same, or shall advance or procure or treat
for any money to be advanced to any person under the age of twenty-
one years, upon consideration of any annuity or rent charge to he
secured or granted by such infant after he shall have attained his
age, or shall induce, solicit, or procure any infant, upon any treaty
or transaction for money advanced or to be advanced, to make oath
APPOINTMENT.-Continued.
In the appointment itself, care should be taken
to refer to all other powers of appointment,
unless it is the execution of a particular power
exclusive of all others
The operative words should follow those of the
power
And all the formalities required by the power ob-
served
A grant and release contained in a deed
pointment, and reason thereof
And a covenant that the vendor is seized in fee
where he has an interest as well as a power, is
proper
The attestation of a deed of appointment must
express that it was signed as well as sealed and
delivered in the presence of the witnesses.
otherwise it will be void
See also the case of Wright v. Wakeford, reported
in 17 Ves. Jun. 454. and the certificate of the three
puisne judges of the court of Common Pleas*,
(Contra Mansfield, C. J.) on 23d Jan. 1812,
delivered since the printing of vol. 1, where it
was so held.
or to give his word of honour or solemn promise, that he will not
plead infancy, or make any other defence against the demand of any
such annuity, or the re-payment of the money advanced to him when
under age, or that when he comes of age, he will confirm, or in any
way substantiate the same, such person shall be guilty of a misde.
meanor; and being convicted, shall be punished by fine, imprison-
ment, or other corporal punishment. s. 8.
All solicitors, scriveners, brokers, and other persons, who shall de-
mand or receive any money for brokerage, above ten shillings for
every one hundred pounds, shall be guilty of a misdemeanor, and
being convicted, shall for such offence be punished by fine and imprison-
ment, or one of them, at the discretion of the court; and the person
who shall have paid the same shall be a competent witness. s. 9.
This act shall not extend to Scotland or Ireland, nor to any annuity
given by will or marriage settlement, or for the advancement of a
child, nor to any annuity secured upon freehold or copyhold or cus-
tomary lands, of equal or greater annual value than the annuity, and
the interest of any principal sum charged thereon, or secured by the
actual transfer of stock in any of the public funds, the dividends
whereof are of equal or greater annual value than the annuity; nor
to any voluntary annuity granted without regard to pecuniary con-
sideration; nor to any annuity granted by any body corporate, or
under any authority created by act of parliament.
The certificate of the three junior judges of the Cominon Pleas
in this cause is dated the 23d of Jan. 1812, and is as follows: "We
are of opinion, that the power of sale in this case was not duly and
effectually executed, by the indentures of the 3d and 4th days of
March, 1788, according to the provisions of the release of the 11th
of June, 1776, the consent of Thomas Wood the elder, and Thomas
APPOINTMENT.-Continued.
Deed of should be registered where the lands lie
Is not a conveyance of the estate itself, but a li-
mitation of the use
Particular observations on powers of appointment ib.
Power of appointment to a feme covert may be exe-
cuted without the husband
For the benefit of younger children, how much,
and who are considered to be such
Power to appoint amongst children cannot be par-
tially made to the exclusion of some
Power to appoint amongst children, does not ex-
tend to grand children
Conveyance from a vendor to a purchaser under a
Under a power by way of mortgage
Of a receiver to keep down interest on a mortgage iv. 108
To keep down annuity
Conveyance by appointment. See Conveyances.
Wood the younger, or the survivor of them, was required to the due
execution of that power, and to this consent two circumstances were
necessary ; first, that it should be testified by some writing under their
hands and seals; and secondly, that the facts of their putting their hands
and seals to such writing should be attested by two or more credible
witnesses : so that the point in question appears to us to be simply
whether the attestation written on the indentures of March, 1778,
asserts both these facts, that is, whether the word sealed necessarily
implies that the parties who put their " seals" put also “their hands"
to it, or "signed" it in the presence of the witnesses: which we are
of opinion it does not do according to the due interpretation and ordi-
nary sense of the word "sealed." If it were to be determined as a
matter of fact whether the signature of the words was made in the
presence of the same witnesses who attested their having sealed the
indenture of March, 1788, a jury under all the circumstances to
which their attention might be directed, might not perhaps impro-
perly presume the affirmation of such question: but as a question of
law, we think it must be determined by the true construction of the
terms of the attestation; to which it appears to us that our consider-
ation must be confined; and we do not think that the signature of
Thomas Wood and his son is comprehended in the words made use
of in the attestation; and we are further of opinion that the attesla-
tion required to constitute a due and effectual execution of the power
ought to make a part of the same transaction with the signing and seal-
ing the writing, testifying the assent and approbation of Thomas Wood
and his son, such being the usual and common way of attesting the exe-
cution of all instruments requiring attestation, which we think the
parties creating the power had in their contemplation and intended, and
not an attestation to be written at a distance of time, and it had been
proposed to cure the defect by a re-execution and new altestation after
all the parties had testified their assent and approbation." There was an
appeal from this decision to the House of Lords, but the matter finally
went off upon a compromise ut audivi.—EDITOR.
ARBITRATION. An action will not lie against par-
ties refusing to name arbitrators pursuant to
agreement
The award, if fairly given, is binding on the par-
Arbitrators may award a dissolution of a co-part-
nership
They may also award a conveyance of land
The reference to arbitration is in its nature revo-
cable, therefore mutual bonds are now given
by the parties, to abide by the award
The reference may be made a rule of court under
9 and 10 Will. 3. c. 15. and if the parties refuse
to abide by the award, it will be a contempt
If either party refuse to attend, arbitrators may
proceed ex parte
Costs may be made to abide the event of the award vi. 314
Arbitrators have no power to award costs, unless
stipulated for
But such costs must be borne equally by the par-
May decide questions of law as well as matters of
And where they have power to award costs, the same
are to be as between party and party
Reference of accounts to arbitrators is binding
Reference to, in deeds of co-partnership
Price of pre-emption amongst joint tenants and
others to be settled by
ASSETS. The personal estate of a testator is the natural
fund first subject to debts, unless he expressly
declares the contrary; and merely charging the
debts on the realty is not sufficient
ASSIGNMENT. A covenant not to assign, said to be
usual. (Sed qu.-Ed.)
Observations on such covenants
Breach of such covenant, what may be
Licence to assign once given, destroys the restric
Of lease by a note in writing, must be stamped,
though not under seal
Of leasehold premises. The liability of such,
ceases on his assigning over to another i. 46 n. 10.
But the purchaser under such is bound to indem-
nify the lessee against the rent and covenants
Of terms to attend the inheritance
Of terms to merge an annuity
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