1836. CARTER and another v. SMITH. A deed of se- COVENANT. The declaration stated, that on 25th paration, in which, after reciting that differences subsisted between the husband and wife, and that they had agreed to live apart, and that the husband had agreed to give to trustees for December, 1830, by an indenture then made between the defendant of the 1st part, Mary Ann his wife of the 2d part, and the plaintiffs of the 3d part, after reciting that unhappy differences subsisted between the defendant and his wife, and by reason thereof they had agreed to live apart from each other, and that the defendant had agreed with his said wife to pay an annuity of 2004. to the plaintiffs during her life, for her separate maintenance and support, and to enter into the covenants thereinafter contained, -the defendant, for the considerations therein annuity for her mentioned, granted unto the plaintiffs, their executors &c. separate main an annuity of 200l. to be paid at &c. thenceforth and tenance, it was witnessed, during the life of the said Mary Ann, by equal quarterly payments, on &c. The declaration then set out a covenant by the defendant with the plaintiffs to pay the annuity at trustees to the the times and in manner aforesaid; and after averring that husband, and Mary Ann, the defendant's wife, had lived and continued the benefit of the wife a life that in consideration of 10s. paid by each of the of the cove nants therein- to live apart from him, stated as a breach of the covenant, that 100/. for two quarters of the annuity was due and unpaid. after contained, the husband granted to the trustees a life annuity of 2001. for the benefit of the wife, and in which there The defendant craved oyer of the deed. The operative part of the indenture, which was a deed of separation, containing the usual covenants, was as follows: "In further performance of the agreement hereinbefore recited, and in consideration of the sum of 10s. of &c. by each of them the said W. A. B. and J. C. (the plaintiffs) to the said A. G. S. (the defendant) paid, the receipts whereof are hereby acknowledged, and also in consideration of the covenants hereinafter entered into by the said W. not be inrolled (one of the plaintiffs), he the defendant hath given,” &c. under 53 Geo. The deed also contained a covenant on the part of one of the plaintiffs to indemnify the defendant against any debts which might be contracted by his wife. The de were (amongst others) a covenant by the trustees to indemnify the husband from the debts of the wife, need 3, c. 141, s. 2. A. B. fendant then pleaded, that no memorial of the deed had been inrolled pursuant to 53 Geo. S, c. 141. 1836. CARTER บ. SMITH. Special demurrer (a), stating for cause, that it appears by and another the plea, that the annuity is a voluntary annuity, granted without regard to pecuniary consideration or money's worth. Joinder in demurrer. R. V. Richards in support of the demurrer. The deed in question is not a deed of that nature to require an inrolment under the 53 Geo. 3, c. 141. Section 2 of that act requires, that within 30 days after the execution of every deed whereby any annuity shall be granted for one or more life or lives, a memorial of the date of every such deed, of the names of all the parties, and of all the witnesses thereto, and of the person or persons for whose life or lives such annuity shall be granted, and of the person or persons by whom the same is to be beneficially received, the pecuniary consideration or considerations for granting the same, and the annual sum or sums to be paid, shall be inrolled in the High Court of Chancery. By the 10th section it is provided, that the act shall not extend to any voluntary annuity or rent-charge granted without regard to any pecuniary consideration or money's worth. This is clearly an annuity granted without regard to any pecuniary consideration or money's worth. In Blake v. Attersoll (b), Bayley, J. considers the 2d section of the act as evidently contemplating the consideration paid in money, notes, or bills; and in Tetley v. Tetley (c), the Court of Common Pleas put the same construction upon the act. In Cumberland v. Kelly (d), it was held, that the (a) If, as assumed by the cause of demurrer assigned, no inrolment was necessary, the plea setting up no answer to the declaration but the absence of such inrolment, would be bad on general demurrer, and on a motion for judgment non obstante veredicto, or in error. (c) 4 Bingh. 214; 12 B. Moore, 441. (d) 3 Barn. & Adol. 602. 1836. CARTER บ. SMITH. granting of an annuity in consideration of government stock transferred from the grantee to the grantor, need not be and another registered under the statute of 17 Geo. 3, c. 26, which is a statute in pari materiâ. In Frost v. Frost (a), it was held, that to make an inrolment necessary under the 53 Geo. 3, c. 141, there must at least be something analogous to the sale of an annuity. The only pecuniary consideration in the present case is the sum of ten shillings (b), which is merely nominal. Addison contrà. Cumberland v. Kelly was decided on The point was no further argued. (a) 3 Barn. & Adol. 6:2. (b) It has become so usual to introduce words of bargain and sale, and a nominal money price, into conveyances of corporeal hereditaments, which lie in livery, in order to bring the instrument within the operation of the statute of uses, that the terms have crept into conveyances, which, like the present, cannot operate under that statute; it being attended with less trouble to insert a superfluous expression, than to consider whether it is superfluous. We still demisc Judgment for the plaintiff. for the natural lives of the lessees, though since the dissolution of monasteries, there is no difference between natural and civil life. Were the matter res integra, it might perhaps be questioned, whether a consideration, which could be shewn to be nominal, would be sufficient to raise an use, or, in other words, whether before the statute of uses the Court of Chancery would have entertained a bill for specific performance, filed by a purchaser for a nominal consideration. 1836. COLEBROOK V. TICKELL and WALKER. real heredita be made relief of the TRESPASS for taking the plaintiff's goods and chattels An incorpoas a distress, and detaining same until the plaintiff was ment cannot compelled to pay 387. 15s. to regain possession of the said ratable to the goods and chattels, and also for again taking his goods, &c. as a distress, and thereby compelling the plaintiff to pay 57. 13s. to regain them. Plea (as well under 21 Jac. 1, c. 12, as under the local acts hereinafter mentioned), not guilty; whereupon issue is joined. And thereupon, in pursuance of an order made by consent, under the authority of 3 & 4 act, the rector, Will. 4, c. 42, s. 25, the facts were stated, for the opinion of dens, overthe Court, in the following case:— poor, by virtue of a local act of parliament, except by clear and express words. By a local churchwar seers, and vestrymen, St. are authorized to make three in cart or every distinct rates upon all per hold, occupy, enjoy any land, house, shop, or other building, tenement, By an act (11 Geo. 3, c. xv,) passed" for the better of a parish, paving that part of the High Street, in the parish of Mary Matfellon, otherwise Whitechapel, which lies Middlesex, and for removing obstructions and annoyances sons who therein," commissioners were appointed, for the purposes shall inhabit, therein mentioned; and after reciting that there was due, possess, or and had been accustomed to be received for waggon loaded with hay, brought into the said parish, and warehouse, sold on the usual market days, the sum of 6d., 2d. whereof was due and of right belonging to the lord of the manor of or hereditaStebonheath, otherwise Stepney, in the county of Middlesex, as owner or proprietor of the said market, and had accordingly from time to time been paid to and received by him; and 2d. to the said parish, for cleansing and taking repair of the away the dirt and filth occasioned by such carts and wag- another for cleansing and gons, and 2d. to the several householders and inhabitants, lighting the against whose doors the hay so exposed to sale stood,-to streets, and repairing the the end, therefore, that the useful purposes of that act highways of the parish,— ment, that is to say, one rate for the relief of the poor, another for the church, and such last-mentioned rate to be a pound rate upon the annual rent or value of all messuages, lands, tenements, and hereditaments, as should be held or occupied within the parish: Held, that the word "hereditament," as used in the former as well as the latter part of the enactment, means such hereditaments only as are the subject of actual corporeal occupation, and that therefore no incorporeal hereditament is thereby made ratable. 1836. COLEBROOK υ. TICKELL and WALKER. might be the better and more speedily carried into execution, and for and towards increasing the fund for defraying the charges of the same; it was enacted, that thenceforth there should be paid to a receiver, to be appointed by the commissioners, for every cart or waggon loaded with hay, brought into the said parish for sale, on the usual market days, and sold or exposed to sale, the sum of 6d., in lieu of all other tolls which are or should be authorized to be taken and collected, the said receiver paying thereout to the lord of the said manor, or other owner of the said market for the time being, or such other person or persons as should be appointed by him or them to receive the same, the sum of 2d., clear of all charges and expenses, for every cart or waggon loaded, &c. (as above.) By 46 Geo. 3, c. lxxxix. "for the better relief, maintenance, and employment of the poor within the parish of St. Mary Whitechapel, in the county of Middlesex, cleansing and lighting the squares, streets, &c., and other parochial purposes," certain trustees were appointed; and it was by the 52d section of that act enacted, that the said trustees should annually meet together, at a certain period, and should then settle and ascertain the sum and sums of money respectively necessary to be raised in the ensuing year, for the relief, &c. of the poor, and for other the purposes therein mentioned. By sect. 53 it was enacted, that the rector, churchwardens, overseers, and vestrymen, qualified as in the said act mentioned, should assemble in the vestry room, within fourteen days next after the said several sums of money should have been ascertained, and the said rector, &c., or any nine or more of them so assembled, were thereby required to make and sign three distinct rates or assessments, not exceeding the amount of the respective sums so settled and ascertained, upon all persons who should inhabit, hold, occupy, possess, or enjoy any land, house, shop, warehouse, or other building, tenement, or hereditament, (that is to say,) one rate or assessment for the relief, &c. of the poor, another for the repair of the parish church, and another for |