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For securing an
payable on the
then next, with interest after the rate of three-pence per day per centum : one of the said bills numbered
Annuily. for the sum of
one other of the said bills numbered for the like sum of
and the remaining bill numbered
for the sum of and the interest thereon respectively due on the said
, amounting to was paid by (one of the obligors) to the said (obligee) on the
day of the same month of
And for the compleating such contract, and for better securing the payment of the said annuity, the said (obligors) have executed, or at the time of sealing and delivering hereof will execute, a certain INDENTURE bearing or intended to bear even date herewith, and made between the said (obligors) of the one part, and the said (obligee ) of the other part. And the same annuity or annual sum is intended to be still further secured by the above written obligation and a warrant of attorney to confess judgment thereon, also bearing even date herewith. CONDITION
of the above written the condition. obligation is such, that if the above bounden (obligors) or either of them, their, or either of their heirs, executors, or administrators, do and shall well and truly pay or cause to be paid unto the above named (obligee) or her assigns yearly and every year during the natural life of the said (cestui que vie), an annuity, yearly rent charge, or clear annual sum of of lawful money of the united kingdom of Great Britain and Ireland, of English value and currency, by two equal half yearly payments on the day of
and the day
in each and every year, without any For securing an
abatement or deduction whatsoever, for or by Annuily.
reason of any parliamentary or other tax, charge, or imposition, or any other matter, cause, or thing whatsoever (the tax on property only excepted), AND DO AND SHALL make the first payment of he said annuity or yearly sum on the
now next ensuing the date of the above writ. ten obligation, being or intended to be the same days and times as are appointed in and by the above mentioned InDenture for payment of the said annuity, and also(4) a proportional part of the said annuity for the time which shall bave elapsed from the last half yearly payment thereof up to the time of the deceasc of the said (cestui que vie); or lastly, if the said (obligors) or either of them do or sball at any time after one year within the 'space of
years from the date hereof, well and truly pay or cause to be paid unto the said (obligee) or her assigns the full and just
of lawful money of the united kingdom of Great Britain and Ireland, of English value and currency,(three calendar months' notice of such payment having been given previously thereto) as and for the repurchase and extinguishment of the said annuity or yearly sum of
together with all arrears which at the time of such payment shall be in respect of the
(4) This provision is necessary, for equity will not make any apportionment; 3 Atk. 261. The payment of an annuity is similar, in this case, to the application of the dividends arising upon money in the public funds, payable to one for life; in which case, if the person to whom they are payable, should die before the day of payment, they cannot be apportioned; 2 Vez. 672. Amb. 279. 3 B. C. R. 99, 101.
same annuity, and all costs, charges, and expences
have been incurred by reason of any default in payment thereof, then and in such case the above written obligation shall be void and of no effect, and on repurchase of the said annuity as aforesaid, shall be delivered up to the said (obligee) to be cancelled, but otherwise the same shall be and remain in full force and virtue. IN WITNESS, &c.
No. IV. Condition of a Bond to supply a Deficiency in To supply a
qualified Covenants which ought to have been qualified Covegeneral.
Whereas by indentures of lease and release, and Recital of the of bargain and sale, intended to be inrolled in his the covenants, majesty's court of Common Pleas at Westminster, the lease bearing date the day next before the day of the release and bargain and sale, and the release and bargain and sale bearing eyen date herewith; the release and bargain and sale being both of three parts, and made, or expressed to be made between the trustees and releasees in the obligor's marriage settlement) of the first part; (the obligor and his lady) of the second part; and (the'obligee) of the third part; The advowson, donation, right of patronage, and presentation of and to the vicarage of the parish church of A,
, was, together with a manor and divers messuages, farms, lands, tenemeuts, tythes, and hereditaments, granted, bargained, sold, released, conveyed and assured by (the said trustees and releasees) and also by the said (obligor and wife), unto and to the use of the
That the same (obligee) bis heirs and assigns for ever. But not- were intended
in the county of
to have been
sent bond was
withstanding the covenants for title, possession,
and further assurance in the said indenture of reTo supply a Deficiency in lease, of even date herewith, are restrained to the qualified Cove
acts and deeds of the said (obligor) and of his ancestors, yet it was intended and agreed, that
the said covenants in relation to the said advowand that to sup- son of A. should amount to a general warranty, ply the deficiency the pre- and therefore in order to supply such deficiency proposed.
in those covenants the said (obligor) hath proposed and agreed to give his bond with such condition as hereafter mentioned, for the purpose of indemnifying the said (obligee), his heirs and assigns, against all claims or demands of estate right, title, or interest, which
may time or times hereafter be made upon or out of the said advowson of A., or upon the said (obligee) his heirs and assigns in respect thereof, and against all costs, charges, and damages,
to be occasioned in consequence of such claims, The condition. Now
CONDITION of the above written obligation is such that if the above bounden (the obligor) his heirs, executors, or administrators, do and shall perform, fulfil, and keep, all and every the covenants and agreements in the said indenture of release contained, and on the part and behalf of him the said (obligor) his heirs, executors, or administrators, to be done and performed, and in such manner as if such covenants with respect to the said advowson of the vicarage of the church of A. had amounted to a general warranty, or there had been a general warranty contained in or annexed to such release in relation to such advowson. And do and shall from time to time, and at all times for ever hereafter, save harmless and keep
indemnified the said (obligee) his heirs, executors, administrators and assigns, of, from, and
To supply a against, not only the said (obligor) his heirs and Deficiency in
qualified love, assigns, but also against all and every other person and persons whomsoever, having or claiming, or who may have or claim any legal or equitable estate right, title, or interest, of, in, to, or out of the said advowson of the said vi. carage of the church of A., and of, from, and against all loss, costs, charges, damages, and expenses which he the said (obligee), his heirs, executors, administrators, or assigns, shall.or may pay or sustain, by means or in consequence of any such claims or demands; so that he the said (obligee) his heirs and assigns, shall and may from benceforth for ever hereafter have, bold, and enjoy the said advowson of the vicarage of the church aforesaid, without the let, suit, bindrance, interruption or denial of the said (obligor) bis heirs or assigns, or ‘of any other person or persons whomsoever ; And that free and clear, and freely and clearly acquitted, exonerated, and discharged, or otherwise, by the said (obligor) his heirs, executors, or administators, saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, mortgages, jointures, dowers, uses, intails, rents, arrears of rent, statutes, recognizances, judgments, titles, charges, and other incumbrances whatsoever; then the above written bond or obligation shali be void and of no effect. The Condition of a Bond to perform Covenants.
THE CONDITION of the above written bond or obligation' is such, that if the above bounden