2

INDEX.

Vol. Page.

ADVOWSON can only be sold to a Protestant purchaser
by 11 Geo. 2. c. 17.

i. 61 n. 4.

Sale of cannot be made during the avoidance of

the church

i. 62, n. 7. 369 n.

It may be conveyed by grant, bargain and sale, en-
rolled, lease and release, or fine, but not by com-
mon recovery, unless appendant to land
An advowson is subject to dower

Agreement for purchase of

Form of the conveyance of an advowson by lease

Of the next presentation

and release

Security

Mortgage of

The mortgage of an advowson not an eligible se-

curity

Devise of

AGENT. Words of agreement, where entered into one
by one

1.

i. 369
ib.

i. 61

i. 369

i. 384

iv. 308

ib.

ib.

vi. 801

i. 3 n.

Ought not to contract for and on behalf of his
principal," which would make him personally
responsible

In what manner an agreement or other instrument
is to be executed by an agent
An auctioneer is in strictness an agent for the
vendor only

AGREEMENTS by the Statute of Frauds, 29 Car. 2.

c. 3. for sale of lands, must be in writing and
signed by the parties

Should be explicitly drawn.

Specific performance of decreed at the hearing, if
the title be then good, though originally not
i. 15 n. 20.

Draft of recommended to be signed by the parties i. 24
For the purchase of a freehold estate of inheri-

tance

A shorter form

i.

i. 25

For the purchase of a copyhold estate of inheritance i. 29

For the purchase of an estate for life

i. 37

For the purchase of leasehold premises

i. 43

For the purchase of freehold, copyhold or leasehold
premises

For a lease of a freehold farm and lands, by the

owner of the inheritance

iii. 18

For lease of a piece of ground, and also of a house

to be built thereon

iii. 27

Vol. Page.

AGREEMENT.-Continued.

For a lease of a public house by a brewer to a
publican

For lease of coal mines

For lease of tithes

For a mortgage of a freehold estate in deposit of

title deeds

For the grant of an annuity during the life of the
grantor

For a copartnership at a future time

For a dissolution of copartnership

On articles of marriage

For the grant of an annuity during the life of the
grantor

iii. 38

iii. 45

iii. 52

v. 271

ib.

ib.

ib.

ib.

Articles of, to settle an infant feme's estate when

of age

vi. 363

ALIENS, Conveyance by

i. 149

ALTERATIONS, covenaut not to make any iii. 69, 70, 129

Power to make such

ALTERATION OF DEEDS. No alteration can be made in a deed after sealed and delivered

ANCIENT DEMESNE, fine of lands in

253, 359, 440, 475

iii. 69, 233

i. 191

ii. 11

v. 271

And may be entered into by a feme covert in re-
spect of her separate property, independent of
her husband
Expence of a previous agreement may be evad-
ed, by her grantors taking bills or notes, pay-
able at a future day

Not within the annuity act

v. 271, 2

v. 272

v. 273

Though oppressive in the rate of interest, is not
usurious, if bona fide granted, and not to colour
the transaction

The price depends on tle contract between the
parties; but if grossly inadequate, equity may
relieve

v. 279

V. 282

ib.

Bond for securing of the annuity, as well as a
warrant of attorney necessary, and why
Warrant of attorney also necessary, and why v. 284, 396
What consideration will support an annuity
Consideration if paid in bank notes, and not object-

ed to, good

v. 285

v. 286

a 2

ANNUITY.-Continued.

But if in country notes, the dates and times of
payment should be stated

Vol. Page.

v. 286
ib.

v. 287

The particular mode should be also set forth
As to what shall be deemed estates of equal
value, and excepted

Granted in consideration of relinquishing a busi-
ness within the exception as not being a pecu-
niary consideration

If the cousideration be paid by a banker's cheque
it must be stated, unless received before the exe-
cution of the deeds, and the clerk's name by
whom paid should be expressed

Forms of stating the consideration on a cheque
On bills of exchange

In respect of a debt due and owing

On promissory notes

On transfer of stock

When it is the redemption of a former annuity

Or paying of a mortgage

Where the consideration is paid by an agent

Or on a previous agreement

Not necessary to state the expences of preparing
of the deeds, though usual

Writ of, will not lie against the heir of the gran-
tor of an annuity, unless expressly named
But the successors of a corporation which never
dies, will be liable thereto

What property may be charged therewith
Half pay of officers, stipends granted by the pub-
lic or crown, the income of beneficed clergymen,
salaries of judges, &c. cannot be charged with
the payment of annuities

Grantor may choose to proceed either against the
land, or the person of the grantor; and much
caution is necessary as to the remedy, as a writ
of annuity will convert it into a personal annuity,
and discharge the land, and a writ of assise con-
vert it into an absolute rent-charge, and discharge
the person

If the lands lie in different counties, the writ of
annuity only lies

Apportionment of payment up to the day of the

decease of the grantor

ib.

v. 258

ib.

ib.

r. 289

ib.

v. 290

ib.

ib.

v. 292

v. 293

ib.

v. 294

ib.

v. 296

ib.

v. 297

ib.

Covenant to levy a fine to bar grantor's wife of

v. 298

dower

Power to distrain for, on freeholds, and observa-
tions thereon

v. 301

Extension of the time of distress

v. 304

No power to distrain for a copyhold

Power of entry gives a right to bring an ejectment
But previous demand of payment must be made
There can be no power of entry on copyholds

Vol. Page.

ANNUITY.-Continued.

Personal covenant to pay, necessary
Proviso that the remedy shall be taken against
the land only, and not against the person
Grantor ought not to covenant to insure his life,
though it is sometimes done, inasmuch as it
borders on usury

If judgment has not been entered up, on a warrant
of attorney within a year and a day, the leave of
the court must be had

Execution must be sued out within a year and a day after entering up judgment, but the court will grant a scire facias afterwards, or the grantee may bring action of debt

Execution cannot be sued out for subsequent arrears, without scire facias

And after the year, there must be a certificate that the party is alive

Repurchasing of now allowed, though formerly

doubted

To what cases the late act, 17 Geo. 3. c. tended

v. 309

v. 324

v. 338

v. 341

v. 342

ih.

v. 342, 4€8

!

v. 343

26. ex

v. 350

ib.

The consideration for an avoided annuity may be recovered back

Proviso for reducing annuity, if duly paid

v. 351

Assignment of outstanding term to secure annuity v. 366 Incumbrances, for what time to be searched for on purchasing annuities, and what will be a pro

A condition should be inserted for vacating the
assurance as to copyholds, that the grantor may
be in as of his former estate
Surrender on the court rolls of lands, to secure the
payment of an annuity
Occasion of requiring a personal grant and cove
nant, as well as a bond and warrant of attorney v. 500
Heirs should be expressly named in personal an-
nuities, otherwise they will not be bound,
though they have real assets

v. 504

For a term of years, not prima facie usurious There can be uo apportionment of the annuity up to the day of the decease of the annuitant, unless so expressed in the deed

v. 515

vi. 480

Left by will, 1. and no more fixed; 2. commences on testator's decease; and 3. will, becomes payable twelve calendar months afterwards Agreement for the purchase of an estate, where the consideration is an annuity

vi. 806

i. 6

Mode by which the extinguishment of an annuity may be prevented where the annuitant joins in the conveyance of the fee

ii. 145

Assignment of a term to merge annuity

ii. 223

Vol. Page.

ANNUITY.-Continued.

Release of by the annuitant

Assignment of a personal annuity

ii. 308, 600

Assignment of, need not be registered under the

late statute, 17 Geo. 3. c. 26.

Nor is it necessary by the new act of 53 Geo.3.
.3. c. 114.
which repealed the former.

ii. 794

ii. 800

Agreement for the grant of

Grant of upon an estate in fee

v. 271

nominees

Variations, where for the life of the grantee or

v. 279

v. 300

v. 301

Grant of an annuity secured on copyholds

v. 369

v. 393

Grant of, secured on leaseholds

On money in the funds

v. 435

Grant of, by deed of grant, bond, and warrant of

v. 472

attorney only

Variations where a surety joins

v. 500

Grant of an annuity or rent-charge for a term of

v. 506

Grant of, determinable on lives

Variations where the premises are on mortgage, and
mortgage to be paid out of the consideration
money

Where the grantor is only tenant for life

Grant of for lives, chargeable on the equity of re-
demption in the fee

Assignment of annuity left by will

Bond to secure an annuity

Memorial of a bond, warrant of attorney, and

*These forms were necessary under the stat. 17 Geo. 2. c. 26. but
that act has been lately repealed by the stat. 59 Geo. 3. c. 141,
which is in substance as follows: viz.

The stat. 17 G. 3. c. 26. is thereby repealed, except so far as
regards annuities or rent charges. Sec. 1.

And it is enacted, that within thirty days after the execution of
every deed, bond, instrument or other assurance, whereby any an-
nuity or rent charge shall 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 assurance, of the
names of all the parties and of all the witnesses thereto, and of the
persons for whose lives such annuity or rent charge shall be granted,
and of the persons by whom the same is to be beneficially received,
the pecuniary consideration for granting the same, and the annual
sums to be paid, shall be enrolled in the High Court of Chancery, in