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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. 1.

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

and release

Of the next presentation


Mortgage of

i. 369

i. 61

i. 369

i. 384

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The mortgage
Devise of

of an advowson not an eligible se-

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

i. 3 n.

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

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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

ib. n.

vi. 23

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

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Specific performance of decreed at the hearing, if
the title be then good, though originally not

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


A shorter form


i. 25

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

For the purchase of an estate for life

For the purchase of leasehold premises

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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.


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


For lease of coal mines

iii. 38

iii. 45

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


For a copartnership at a

For a dissolution of copartnership

On articles of marriage

For the grant of an annuity during the life of the

At a meeting of creditors for a composition be

iii. 52



v. 271

future time





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

of age

vi. 363

ALIENS, Conveyance by

i. 149

ALTERATIONS, covenant 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

ANNUITY, an agreement for need not be enrolled

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

v. 279

v. 282


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


But if in country notes, the dates and times of


should be stated

Vol. Page.

v. 286

estates of equal

value, and excepted

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v. 287

The particular mode should be also set forth
As to what shall be deemed

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

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If the consideration 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

On promissory notes

In respect of a debt due and owing

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

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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

Gantor 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 laud, 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

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


v. 258



v. 289


v. 290



v. 292

v. 293


V. 294


v. 296


v. 297


v. 298


v. 301

Power to distrain for, on freeholds, and observa-

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Power of entry gives a right to bring an ejectment v. 305
But previous demand of payment must be made
There can be no power of entry on copy holds

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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

v. 309

v. 324

v. 338

v. 341

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

v. 342


v. 342, 4C8

Repurchasing of now allowed, though formerly

To what cases the late act, 17 Geo. 3. c. 26. ex-

The consideration for an avoided annuity may be
recovered back

Proviso for reducing annuity, if duly paid

v. 343

v. 350


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


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v. 391

v. 409

v. 341

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 pay-
able 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.


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. c. 114.
which repealed the former.

ii. 794

ii. 800

Agreement for the grant of

v. 271

Grant of upon an estate in fee


Variations, where for the life of the grantee or

v. 279

Where the wife of the grantor

v. 300

Shorter form of a like grant

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Grant of an annuity secured on copyholds

v. 369

v. 393

Grant of, secured on leaseholds

v. 435

On money in the funds

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

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Grant of, determinable on lives

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

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*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

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