ANNUITY DEEDS. FOR LIFE OF GRANTEE SECURED ON FREEHOLDS OF GRANTOR. Parties. grants of annuities 3. c. 141. No. XCV. GRANT of ANNUITY to GRANTEE for his own Life, charged upon Lands of GRANTOR, with Powers of DISTRESS and ENTRY; DEMISE of the same LANDS to TRUSTEES, by way of further security; COVENANT by GRANTOR to pay ANNUITY; DECLARATION of TRUSTS of Judgment; POWER to GRANTOR to repurchase the ANNUITY for a given SUM (a). THIS INDENTURE, made the day of BETWEEN A. B., of &c., [grantor], of the first part, C. D., of &c., [grantee], (a) Within thirty days after the execution of every deed or other Inrolment of instrument, whereby an annuity or rent charge was granted for a life or lives, or for any estate determinable on a life or lives, it was under 53 Geo. formerly necessary to inrol in the Court of Chancery a memorial of the instrument, of the names of the parties, and of all the witnesses, of the person or persons for whose life or lives the annuity was granted, and of the grantee of the annuity, and of the pecuniary consideration for granting the same, and the annual sum or sums to be paid. (See 53 Geo. 3. c. 141. The act did not, however, extend to any annuity did not re- given by will or marriage settlement, or for the advancement quire inrol- of a child, or secured upon freehold or copyhold hereditaments of equal or greater annual value than the said annuity, over and above any other annuity, and the interest of any other principal sums charged thereon, of which the grantee had notice at the time of the grant, or What grants s. 2.) of annuities ment under the above act. SECURED ON TOR. of the second part, and E. F., of &c., and G. H., of &c., [trustees], FOR Life of of the third part: WHEREAS the said A. B. hath, in considera- GRANTEE tion of the price or sum of £--, contracted and agreed with FREEHOLDS the said C. D. for the sale to him of an annuity or yearly sum of OF GRAN£- to be paid and secured for the period and in the manner hereinafter mentioned, and to be made repurchasable upon the terms hereinafter expressed: AND WHEREAS in pursuance and in part performance of the said agreement, the said A. B. hath, attorney to by a warrant of attorney under his hand and seal, bearing even ment. date with these presents, authorized certain attornies of her Majesty's Court of Queen's Bench at Westminster, jointly and severally, or any other attorney of the same court, by confession or otherwise, to suffer judgment to be entered up against secured by an actual transfer of stock in the funds, the dividends whereof should be of equal or greater value than the said annuity, nor to any voluntary annuity or rent charge granted without regard to pecuniary consideration or money's worth. (Sect. 10.) A grant of an annuity made in consideration of the conveyance of an estate, did not require inrolment, the intention of the act being to require inrolment only in those cases in which the object was to raise money, or goods to be converted into money, by the grantor. (Blake v. Attersoll, 2 B. & Cr. 875; Tetley v. Tetley, 4 Bing. 214.) Recite contract for sale of annuity. Warrant of confess judg in the Com mon Pleas. Now by the 17 & 18 Vict. c. 90., the whole of the 53 Geo. 3. c. 141. is repealed, and also the whole of the 3 Geo. 4. c. 92., which was passed to explain the above mentioned act respecting the inrolment of memorials of grants of annuities. By the 12th section of the Registration 18 & 19 Vict. c. 15., however, it is provided, that any annuity or of annuities rent charge granted after the passing of the act, otherwise than by marriage settlement, for one or more life or lives, or for any term of years or greater estate determinable on one or more life or lives, shall not affect any lands, tenements, or hereditaments as to purchasers, mortgagees, or creditors, unless and until a memorandum or minute containing the name and the usual or last known place of abode, and the title, trade or profession of the person whose estate is intended to be affected thereby, and the date of the deed, bond, instrument, or assurance whereby the annuity or rent charge is granted, and the annual sum or sums to be paid shall be left with the senior Master of the Court of Common Pleas at Westminster, who shall forthwith enter the particulars aforesaid in a book in alphabetical order by the name of the person whose estate is intended to be affected by the annuity or rent charge, together with the year and the day of the month when every such memorandum or minute is so left with him, and he shall be entitled for every such entry to the sum of two shillings and sixpence, and all persons shall be at liberty to search the same book, together with the other books or registers in the office, on payment of the sum of one shilling. SECURED ON TOR. Witnesseth. tion. nuity for life of grantee. upon lands of grantor. FOR LIFE OF the said A. B. in the said Court of Queen's Bench in an action GRANTEE of debt, at the suit of the said C. D., for the sum of £—— and FREEHOLDS Costs of suit: AND WHEREAS judgment is forthwith to be OF GRAN- entered up against the said A. B., under the authority of the said warrant of attorney accordingly: NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreeConsidera- ment, and in consideration of the sum of £- to the said A. B. paid by the said C. D., on or immediately before the Grant of an- execution of these presents [the receipt, &c.], he, the said A. B. doth by these presents give, grant, bargain, sell and confirm unto the said C. D., his executors, administrators and assigns, ONE annuity or yearly sum of £ of lawful British money, to commence and be computed from the day of the date of Chargeable these presents, and to be charged and chargeable upon, and to be yearly issuing and payable out of all and singular the hereditaments hereinafter described, and intended to be hereby demised, and every part thereof respectively, with their respective appurtenances, To HAVE, HOLD, RECEIVE, AND TAKE the said annuity or yearly sum of £unto the said C. D. and his assigns during his life, to commence and be computed as aforesaid, and to be payable and paid to the said C. D. and his assigns by equal half-yearly payments on the day of and the day of -in every year, without any deduction or abatement whatsoever, the first half-yearly payment thereof to be yearly pay- made on the day ofnext, and in case the said C. D.shall die before the first of the said half-yearly portions shall become due, or between the respective times fixed for the payment of any one of the said half-yearly portions, a proportional part of the said annuity or yearly sum of £, is to be paid to proportional the executors, administrators or assigns of the said C. D., the time which shall have elapsed from the day of the date of these presents, or the then last half-yearly day of payment for the time being, up to and inclusive of the day of the decease of the said C. D. AND THE SAID A. B. doth hereby for himself, his heirs, executors, administrators and assigns, further grant and covenant with the said C. D., his executors, administrators and assigns, THAT IN CASE and so often as the said annuity or yearly sum of £, or any such proportional part thereof as aforesaid, shall be in arrear and unpaid, either in whole or in First half ment. Payment of part, in case of death of grantee. Powers of distress and entry by way of further security. for GRANTEE SECURFD ON OF GRAN- part, for the space of twenty-one days next after the same shall FOR LIFE OF become payable, then and so often it shall be lawful for the said C. D., his executors, administrators and assigns, to enter into, FREEHOLDS and distrain for the same and for the costs and charges occasioned by the nonpayment thereof upon, all or any part of the said hereditaments hereby charged with the said annuity or yearly sum of £—, or intended so to be, and to dispose of the distress and distresses then and there found, according to law as landlords may for rent reserved upon leases for years, to the intent that thereby or otherwise the said annuity or yearly sum of £—, and every part thereof so in arrear and unpaid, and all costs and charges occasioned by reason of the nonpayment thereof, shall be fully paid and satisfied: AND ALSO THAT IN CASE and so often as the said annuity or yearly sum of £--, or any such proportional part thereof as aforesaid, shall at any time or times be in arrear and unpaid for the space of forty days next after the same shall become payable, then and in every such case (although the same shall not have been legally demanded), it shall be lawful for the said C. D., his executors, administrators and assigns, to enter into and upon, and to hold all or any part of the said hereditaments hereby charged with the said annuity or yearly sum of £——, or intended so to be, and to receive and take the rents, issues and profits thereof, for his and their own use, until he or they shall thereby or otherwise be fully paid and satisfied the said annuity or yearly sum of £-, and the arrears due at the time of such entry, or afterwards to become due during his or their being in possession of the said hereditaments, together with all costs, charges and expenses, which he or they shall sustain by reason of the nonpayment thereof, such possession when taken to be without impeachment of waste: AND THIS INDENTURE ALSO WITNESSETH, that in further pursuance of the said agreement, and for the considerations. aforesaid, he the said A. B. doth by these presents grant and Demise to demise unto the said E. F. and G. H., their executors, adminis- grantor's trators and assigns, ALL, &c. [parcels, general words, and all the estate, &c.], TO HAVE AND TO HOLD the said piece or parcels Habendum of land or ground, messuages or tenements, coach houses, for ninety stables, and all and singular other the premises hereby demised trustees of lands. to trustees years, if grantee SECURED ON TOR. should live so long. Upon trust for securing annuity out of rents or by mortgage. FOR LIFE OF or expressed and intended so to be, and every part thereof, with GRANTEE their appurtenances, unto the said E. F. and G. H., their exeFREEHOLDS cutors, administrators and assigns, for and during, and unto the OF GRAN full end of the term of ninety years, to be computed from the day of, if the said C. D. shall so long live: YIELDING AND PAYING therefore unto the said A. B., his executors, administrators and assigns, yearly and every year during the said term, on the day of the rent of one peppercorn, if the same shall be lawfully demanded: NEVERTHELESS upon and for the trusts, intents and purposes hereinafter expressed and declared of and concerning the same (that is to say), IF THE SAID annuity or yearly sum of £——, or any part thereof, shall be in arrear and unpaid by the space of twenty-one days next after the same shall become payable, then and in such case and so often as the same shall happen, upon trust that the said E. F. and G. H., their executors, administrators and assigns, do and shall, with and out of the rents, issues and profits of the said hereditaments and premises hereby demised, or expressed and intended so to be, or by mortgage thereof or any part thereof for the whole or any part of the said term, or by any other reasonable ways and means (except sale), levy and raise such sums of money as will be sufficient, or as they or he shall think expedient or proper to raise, for paying or satisfying to the said C. D., his executors, administrators or assigns, the said annuity or yearly sum of £, or such part or parts thereof as shall for the time being be in arrear and unpaid, and all costs, charges and expenses whatsoever which the said E. F. and G. H. and the said C. D., or any of them, their, or any of their executors, administrators or assigns, shall or may sustain, expend, disburse, be at or be put unto by reason of the nonpayment thereof, or otherwise in the execution of the trusts herein before declared, and do and shall pay and apply the money so to be levied and raised, or a competent part thereof, in or towards payment or satisfaction of the said annuity or yearly sum of £—, and all arrears thereof, and all costs, charges and expenses accordingly, and the surplus or residue thereof (if any) to the said A. B., his executors, administrators and assigns: AND IT IS HEREBY AGREED AND DECLARED, between and by the parties to these presents, that the said E. F. and G. H., their executors, administrators and Trusts of property demised. |