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Vol. Page.

V. 309

v. 324

v. 338

v. 341

v. 313

v. 350


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

v. 342
Execution cannot be sued out for subsequent
arrears, without scire facias

ih. And after the year, there inust be a certificate that the party is alive

v. 342, 408 Repurchasing of now allowed, though formerly

To what cases the late act, 17 Geo. 3. c. 20. ex-

The consideration for an avoided annuity may be
recovered back

ib. Proviso for reducing annuity, if duly paid

v. 351 Assignment of outstanding term to secure annuity v. 366 Incumbrances, for what time io be searched for on

purchasing annuities, and what will be a pro-

v. 391 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 covo

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 For a term of years, not prima fucie usurious There can be ho apportiouinent of the annuity

up to the day of the decease of the annuitant, unless so expressed in the deed

vi. 450 Left by will, 1. and no more tixed ; 2. commences

on te:tator's decease; and 3. will, becomes payo able twele calendar months afterwards

vi. 806 Agreement for the purchase of an estate, where the consideration is an annuity

i. 6 Mode by which the extinguishinent of an annuity

may be prevented where the annuitant joins in 'the conveyance of the fee

ji. 145 Assignment of a term to merge annuity

ii. 223

v. 409

v. 341

v. 504 V, 515

v. 301
v. 369
v. 393

v.. Page.
Release of by the appuitant

ii. 308, 600
Assignmeut of a personal annuity

i. 794
Assignment of, need not be registered under the
late statute, 17 Geo. 3. c. 26.

ii. 800
Noris it necessury by the new act of 53 Geo. 3. c. 114.

which repealed the former.
Agreement for the grant of

v. 271
Grant of upon an estate in fee

v. 279
Variations, where for the life of the grantee or

v, 300
Where the wife of the grantor is a party
Shorter form of a like grant
Grant of an annuity secured on copyholds
Grant of, secured on leaseholds

v. 435
On money in the funds

v. 472
Grant of, by deed of grant, bond, and warrant of

attorney only
Variations where a surety joins
Grant of an annuity or rent-charge for a term of

Assigurnent of

ii. 794
Release and
merger of

ii. 508, 600
Grant of, determinable on lires
Variations where the premises are on mortgage, and

mortgage to be paid out of the consideration

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

Proviso for reduction of on punctual payment

v. 500
V. 506

v. 515

v. 351

* 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 therely 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, iostrument 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 delerminable 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 therсto, 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 granling the same, and the annual
sums to be paid, shall be enrolled in the High Court of Chancery, in

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purposes. %. 2.
otherwise every such assurance shall be void, to all intents and

£100. paid in 100 a Year.

£500. paid in

Notes of the
and Com-
pany ofthe
Bank of
Eogland, or
other Notes
or Bills of
as the case

of any particular case may require :
the form following, with such alterations therein as the circumstances


ly necessary to be recited in a deed of appoint-
APPOINTMENT. Power of appointment not absolute-

i. 130 n. 3.

may be.

Same Date. Bond in A. B. to C.D.

Penalty of

E. F.
G. H.

For securing the same Annuity or Rent Charge.

Same Date. Warrant of A. B. to I. K. and L. E. F.

Attorney to M.Attornies ofCur G. H.
confess of King's Bench.
on the same

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Although it is advisable in such cases to set it forth

i. 130 n. 3.
And it should be recited in the very words of the

i. 131 n. 4.

8. 4.

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

$. 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.

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 rept 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 cosis of sending
or delivering the same; and the person holdiog the original instru.
ments may be compelled thereto by a summons before a judge, either
B. R. or Ć. 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 noies, 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 prelence ; the court in which any
action shall be brought, or judgment enlered 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 iw 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
sbillings only, and the fee of onc shilling for every certificate and copy
given, and the fer of one shilling for every search in the office. 8.7.

All contracts for the purchase of any annuity or rent charge with
any person, under years, shall be utterly void, any allempt
to confirm after such person shall have attained the age of twenty-
ope years not withstanding : and if any person shall, either in persun,
by letter, agent or otherwise howsoever, procure, engage, solicit or
ask any person, ander twenty-one years, to grant or altempt to grant
any appuity or rent charge, or to execute any bond, deed, or other
instrument for secusing 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 be
secured or granted by such infant after he shall have attained his
age, or shall induce, solicit, or procure any infant, upon any treaty
pr transaction for money advanced or to be advanced, to make oath
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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

i. 134
The operative words should follow those of the

ib, n. 12.
And all the formalities required by the power ob-

i. 135
A grant and release contained in a deed of ap-
pointment, and reason thereof

i. 135
And a covenant that the vendor is seized in fee

where he has an interest as well as a power, is

i. 140 n. 25.
The attestation of 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

i. 144 n. 41,
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 Plcas,
(Contra Mansfield, C. J.) on 23d Jan. 1812,
delivered since the printing of rol. I, 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. $. 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 shallaot exterd to Scotland or Ireland, nor lo 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 suin charged thereoil, 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 ; uos
to any voluntary anauily granted without regard to pecuniary con-
sideration; nor to any apnuity granted by any body corporate, or
under any authorily created by act of parliament. s. 10.

The certificate of the three junior judges of the Cominon Pleas
in this cagse 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
efectually executed, by the indentures of the 3d avd 4th days of
March, 1788, according to the provisions of the release of the rich
of June, 1776, the consent of Thomas Wood the elder, and Thomas

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