THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OE LAW
 
 PRACTICAL TREATISE 
 
 UPON THE 
 
 WHEREIN THE 
 
 DIFFERENT SECURITIES FOR ANNUITIES, 
 
 AND THE 
 
 REMEDIES FOR THE RECOVERY THEREOF, 
 ARE FULLY EXEMPLIFIED. 
 
 TOGETHER WITH THE 
 
 DETERMINATIONS OF THE COURTS 
 
 ON THE 
 
 CONSTRUCTION OF THE ANNUITY ACT. 
 
 TO WHICH IS ADDED 
 
 A LARGE COLLECTION OF PRECEDENTS, 
 
 Brawn and accurately fettled in theCourfe of Practice, and adapted to every Species of 
 Property that can he made an effectual Security for an xVnnuity ; xvith Memorials 
 thereof, whereby the fame may be prepared with Eafe> Precision, and Oilpatch. 
 
 BY ROBERT WITHY, 
 * 
 
 OF CRAVEN-STREET, SOLICITOR; 
 
 .VI- MEEK. OK THE HONOURABLE SOCIETY OF THE INNER TEMPLE. 
 
 Pr<Klelfe civibus. 
 
 LONDON: 
 PRINTED FOR J. BUTTERWORTH, FLEET-STREET j 
 
 BY G. WOODFALfc, PATERNOST t R.-RO U . 
 
 _ 
 
 JSOO,
 
 T
 
 TO THE RIGHT HONOURABLE 
 
 LLOYD LORD KENYON, 
 
 BARON OF GREDINGTON, 
 
 IN THE COUNTY OF FLINT, 
 LORD' CHIEF JUSTICE OF ENGLAND, 
 
 tstc. CsV. t*fc. 
 
 the various queftions which 
 have of late agitated the Court in which 
 your Lordfhip prefides, with fo much 
 honour to yourfelf and advantage to your 
 country, few have more occupied the at- 
 tention of your Lordfhip, than thofe 
 raifed upon the conftruclion of the Act 
 of the 17th of George the Third, called 
 the Annuity Ac"l. Happily for thofe in- 
 terefted, they are at length decided upon, 
 and your Lord (hip's fcntiments and judi- 
 cious decifions thereon, clearly evince to 
 the world, that while your Lordfhip fup- 
 ports with energy the fpirit and meaning 
 a 2 of
 
 IV DEDICATION. 
 
 of an Act of Parliament made to protect 
 the fubjecl, you will not fuffer the fame 
 to be perverted into an inftrumcnt of in- 
 juftice. 
 
 Thcfe confiderations, my Lord, have 
 prompted me to fubmit my feeble efforts 
 to the Profefsion, with a view of difperfing 
 that cloud which has fo long enveloped 
 thefe negociations, being fully convinced 
 that nothing but fome regulations and 
 forms, fanctioned by your Lordfhip, can 
 ever induce a profefsional man to pre- 
 pare the fecurity for any Annuity, how- 
 ever honourable the tranfaclion may be, 
 but with a trembling hand. 
 
 The condefcenfion of your Lordfhip, in 
 permitting me thus to dedicate my work, 
 claims my mod grateful acknowledg- 
 ments ; for it not only aflfures me of your 
 Lordfhip's approbation as to its defign, 
 but is highly flattering to the feelings of 
 a profefsional man, as it convinces me, 
 that, notwithftanding my engagements 
 in tranfaclions which are ever viewed, and 
 properly, with a moil jealous eye> my 
 character has remained unimpeached ; 
 
 and
 
 DEDICATION. v 
 
 and I truft that thcfe imprefsions will fo 
 bear upon my mind, as to influence a per- 
 feverance in that line of conduct which 
 has fecured me the honour of your Lord- 
 fhip's protection, and which alone can 
 prove to the world, that it has not in the 
 prefent infiance heen undefervedly be- 
 llowed. 
 
 Thefe pages, my Lord, may not be free 
 from error, but mould they be found ufe- 
 ful to the Profefsion, and at the fame 
 time meet with your Lordfhip's approba- 
 tion, my wifhes will be fully gratified. 
 
 I am, my Lord, 
 
 With the greater! refpecr, 
 Your Lordfhip's much obliged, 
 Obedient and devoted Servant, 
 
 ROBERT WITHY. 
 
 CravenJlreet, 
 MicliaeJmas Term, i8o.
 
 
 PREFACE. 
 
 IT is not my defign to enter into an 
 elaborate treatife upon Annuities, nor to 
 arraign the principles of Law upon which 
 thefe tranfactions have a legal exiftence, 
 objects which are far beyond the reach of 
 my cbilities, and which would be ufelefs 
 after the very able manner in which thefe 
 fubjects have been before digefted and dif- 
 cuiFed. It is fufficient for my purpofe to 
 take the Law as I find it, and only to offer 
 fuch fentiments as occur to me thereon. 
 
 The decifion of the Courts upon the 
 conftruclion of the various feclions of the 
 Act of the 17th of George the Third/ 
 called the Annuity Acl (and particularly 
 fmce the publication of Mr. Plowden's 
 Treatife upon Annuities) having at length 
 removed every doubt arifing thereon, and 
 thereby placed the validity of Annuities, 
 upon as folid a foundation as that of any 
 other fpecies of property, I am induced 
 to lay before the Profefsion a few obferva- 
 tions on the negociation of thefe tcanf- 
 4 actions
 
 via PREFACE. 
 
 actions (the rcfult of fome experience) 
 together with the determinations of the 
 Courts on the Act: for regulating the 
 fame, in as concife a mode as pofsfble ; 
 together with a collection of Precedents 
 applicable thereto, and grounded upon 
 fuch decifions, which will be found to 
 hear upon almoft every fort of property 
 
 that can be made an effectual fecurit 
 
 for 
 
 an Annuity. 
 
 Thefe Precedents, I truft, will n*idily 
 point out to fuch part of the Profefs|on as 
 are not converfant with thefe negocistions, 
 the mode of obtaining money for fUch of 
 their clients as are under any pecuniary 
 prcilure, and are necefsitated to procure 
 relief otherwife than by a common loan, 
 and will particularly enable the Profefsion 
 to prepare fecurities for Annuities with 
 eafe, precision, and difpatch ; whereby it 
 is to be hoped that this branch of practice 
 may diffufe itfclf more generally, increafe 
 thcprefcnt depreciated value of Annuities, 
 and refcue thole men,whofenecefsities urge 
 them to this baneful mode of fuccour, from 
 
 the rapacious hands of money-lenders. 
 
 
 
 A TABLE
 
 tAfcLE 
 
 OF 
 
 CONTENTS, 
 
 CHAP. I. 
 &f the Prattice of Annuities * Page i 
 
 CHAP. II. 
 
 Of the Aft of Parliament for regulating Annuities 
 
 Page 21 
 ift SECTION -Of the Memorial to be inrolled Page 32 
 
 Of the different Injlruments that require td be memo- 
 rialized^ and of fetting forth the Date of the 
 Deeds^ the Names of the Parties , and the j. irne of 
 inr oiling the fame ' - - Page 33 
 
 Of jetting forth the Trufts - - Page 3$ 
 
 Of fetting forth the Witneffes^ and the Annual Sum 
 
 or Sums to be paid y and for whofe Life or Lives 
 
 the Annuity is granted^ and the Confederation for 
 
 the fame - Page 41 
 
 2d SECTION Of inr oiling a Memorial of Annuities 
 granted previous to the paffing of the Aft Page 53 
 
 3rd SECTION Of ' ftating the Confederation in the dif- 
 ferent Deeds or Injlruments executed for fecuring 
 an Annuity , and the Party paying the fame Page 54 
 
 4th SECTION Of returning or retaining any Part of 
 the Confederation or Payment thereof in Notes of 
 Goods - Page 65 
 
 5th SECTION Of the Manner and Pees paid on in~ 
 rolling the Memorial - - Page 71 
 
 6th S E c T i o N Of Controls made with Infants Page 74 
 
 ^th SECTIO N Of the Brokerage allowed Page 76 
 b
 
 x CONTENTS. 
 
 8th SECTION Of the Annuities excepted ly tie Aft 
 
 Page So 
 
 CHAP. III. 
 
 Of the Jurifdiaion of the Courts , and of the Applied* 
 tions made thereto for fitting afide Annuities Page 88 
 
 Of recovering back the Confederation when the Annuity 
 isfet afide - - - Page 101 
 
 CHAP. IV. 
 
 General Observations - Page 104 
 
 TABLE of Precedents of the different Instruments 
 generally executed for fecuring Annuities, and applicable 
 to almojt every Species of Property that can be made an 
 effectual Security for one, together with Memorials as 
 prepared agreeable to the Decifeon of the Courts on thf 
 Conftruftion of the Annuity Aft. 
 
 CHAP. V. 
 BONDS. 
 
 No. i. BOND from One Obligor to One Obligee for 
 fecuring an Annuity during the Life of the Obligor^ 
 where the fame is intended to be fecured by a Bond 
 and Warrant of Attorney only, irredeemable Page 113. 
 
 No. 2. BOND from Two Obligors to One Obligeeyj>r 
 fecuring an Annuity during the Life cf one of the 
 Obligors, where the fame is intended to be fecured by 
 Bandy Warrant of Attorney, and Indenture, redeem- 
 able on Payment of Half a Tear's Annuity Page 1 1 6 
 
 No. 3. BOND from One Obligor to One Obligee fa 
 fecuring an Annuity during the joint Lives of tw 
 Perfons (named by the Obligee) and the Life of the 
 Survivor, intended to be fecured by Bond^ Warrant 
 of Attorney, and Indenture, redeemable on replacing 
 Stock fold out for the Purchafe of the Annuity 
 
 Page 1 2Q.
 
 CONTENTS. 
 
 Xl 
 
 Ho, 4. BOND from One Obligor to One Obligee 
 
 for fecuring an 'Annu'.ty during the Lives of three 
 Perfons (named by the Obligee) and the Life of the 
 Survivor, intended to be fecured by Bond) Warrant 
 of Attorney, and Indenture, redeemable on Repayment 
 of the Principal Money advanced, upon giving Six- 
 Months Notice - - Page 124 
 
 No. 5. BOND from Three Obligors to One Obligee 
 (where Two of the Obligors become collateral Securi- 
 ties for the other) for fecuring an Annuity during the 
 Life of One of the Obligors, intended to be fecured 
 by Bond, Warrant of Attorney, and Deed of Cove- 
 nant for Payment of the Annuity, redeemable on giving 
 Six Months Notice, or Payment of Half a liar's 
 Annuity - - Page 128 
 
 No. 6. BOND from One Obligor to One Obligee for 
 fecuring an Annuity during the Life of the Obligee, 
 intended to be fecured by Bond and Warrant of Attor- 
 ney, redeemable by Inftalments - Page 133 
 
 No. 7. BOND from One Obligor to Two Obligees 
 for fecuring an Annuity during the Life of the Obli- 
 gor, where the Annuity is pur chafed by the Obligees as 
 Tenants in Common ; with a Clause of Rede?nption on. 
 Payment of Half a Tear's Annuity - Page 137 
 
 CHAP. VI. 
 
 GRANTS of ANNUITY charged upon Perfonal Pro* 
 perty, where the Grantors have only a Life- Inter eft. 
 
 No. 8. ASSIGNMENT of DIVIDENDS, to which the 
 Grantor is inti tied for Life under his Marriage Set- 
 tlement, for fecuring an Annuity during the Life of 
 the Grantor ; with a Claufe for Redemption on Pay- 
 ment of Half a Tear's Annuity, where the Confede- 
 ration Money is paid by a Bill of Exchange Page 141 
 
 No. 9. A FEME COVERT intitled to Dividends of 
 
 Stock ftanding in the Name of the Accountant-General 
 
 of the Court of Chancery for her Life, together with 
 
 her Hufband ajjigns the fame for fecuring an Annuity 
 
 for her Life 3 winch is likewife fecured by the Bond of 
 
 ba
 
 *il CONTENTS. 
 
 the Hit/band, in which is contained a Power for' 
 the Grantee to apply to the Court for an Order for 
 Payment of the Dividends to hirn^ and to conjent 
 thereto on Behalf of the Grantors^ and at their Ex- 
 pence - Page 156 
 
 No. 10. GRANT of an ANNUITY by a Military Gen- 
 tleman for his Life^ fecured by an Alignment of Di- 
 vidends of South Sea Stock and the Inter eft of Money 
 on Mortgage (to which he is intitled under his Mar- 
 riage Settlement) to a Truftee for better fecuring the 
 fame ; as likewife for fecuring any Extra Expence of 
 Inference which the Grantee may pay on the Grantor's 
 leaving the Kingdom on Military Service^ which the 
 Grantor covenants to do ; and with Directions to the 
 ''frit/lees under the Settlement not to difpofe of the South 
 Sea Annuities (which they are empowered to do under 
 the fame) without the Confent of Grantee^ where the 
 Confederation Money is paid Part in Cajh^ and Part 
 by a Banker's Cheque - - Page 164 
 
 No. ii. GRANT of ANNUITY for the Life of the 
 Grantor^ fecured by an Affignment of the Interejl of 
 Money charged upon EJtates to which the Grantor is- 
 intitled for his Life under his Marriage Settlement 
 to a Trujlee for the Grantee ; with Directions from 
 the Grantor to the Truftees under the Settlement not 
 to vary Securities witbsut the Approbation of the 
 Grantee - Page itfi 
 
 No. 12. GRANT <J/*ANNUITY by a Married Woman 
 (who is feparated from her Hu/band) for her Life^ 
 fecured by an Affignment and Appointment of 8ool. a 
 Year to which Jhe is intitled under the Deed of Sepa- 
 ration^ and likewife by an Alignment of Dividends to. 
 which Jhe is alfo intitled for her feparate Ufe under a 
 Will) to the Grantee upon Truft for fecuring the An- 
 nuity Page 193 
 
 No. 13. G'R.A.KTofA.im\3i'T-YbyHuJbandandWife y 
 fecured by an Assignment of Money to which they 
 are feverally intitled under their Marriage Settle- 
 ment) and likewife the Interejl of Money to which the. 
 Wife is intitled for her Life-, with a Declaration 
 from the Trujlees under the Settlement that they
 
 CONTENTS, xKi 
 
 'pay the Monies when received by them agreeable to 
 Alignment - Page 209 
 
 No. 14. GRANT of ANNUITY for tbe Life of the 
 Grantor, fecured by tbe Deed and Covenant of tbe 
 Grantor and two ethers - * Page 216 
 
 CHAP. VII. 
 
 GRANTS of ANNUITY charged upon Leasehold Pro- 
 perty where the Grantors have only a Life- Inter eft. 
 
 No. 15. GRANT of ANNUITY for tbe Life of the 
 Grantor, charged upon a Leafehold Eftate where the 
 Grantor has only a Life- Inter eft, with an Alignment 
 thereof to a Trustee for the Annuitant, who is put 
 into the immediate Receipt of the Rents ; with a Direc- 
 tion to the Tenants to attorn, and the Tenant's Attorn- 
 ment thereon - Page 221 
 
 CHAP. VIII. 
 
 GRANTS of ANNUITY charged upon Freehold Pro- 
 perty where the Grantors are feifed for Life. 
 
 No. 1 6. A MAN and his WIFE intltled to the Rents 
 and Profits of Freehold Premises, viz. the Wife for 
 her Life far her feparate Ufe, and after her Death 
 the Hu/band for his Life, covenant to levy a Fine, 
 and declare the Ufes thereof for fecuring an Annuity 
 for their Lives, and the Life of the Survivor, with 
 Powers of Diftrefi and Entry, and then to a Truftee 
 for a Term of joo Tears for better fecuring the- 
 fame - Page 227 
 
 No. 17. GRANT of an ANNUITY by an Incumbent . 
 out of a Reftory and Vicarage for his Life, with a 
 Demife thereof to a Truftee for 99 Years for better 
 fecuring the fame, with a Covenant, That in Cafe the 
 Grantor Jhall exchange or be preferred to any other 
 Living, that he will charge the fame in like Manner 
 with the Payment of Annuity, where the Confidera* 
 tion Money is paid by an Agent for the Grantet 
 
 Page 238
 
 iciv CONTENTS. 
 
 No. 18. CONVEYANCE of a RENT-CHARGE (to 
 
 which a Married Woman is inttiled for Life under a 
 Will) from the Hufnand and Wife for fecuring an 
 Annuity, granted by tbe Bond and judgment of the 
 Hujband during tbe Life cf the Wife ; with a Cove- 
 nant from the Hujband that he and his Wife will 
 levy a Fine fur conccjferunt of the Rent-Charge, upon 
 the Trufts of the Deed, where tbe Confederation 
 is paid by a Promijfiry Nate - - Page 247 
 
 No. 19. GRANT of an ANNUITY for the Life of the 
 Grantor, charged upon an Eftate of which he is 
 
 feifed for Lif e, (without fetting forth his Title) with a. 
 Demife of the fame Estate to a Truftee for a Term of 
 99 fears for better fecuring tie Annuity ; with a 
 Provifo that no Diftrefs Jhall be made upon the Man- 
 
 Jlon-Houfe and Lands thereto belonging, unlefs the 
 Annuity is in Arrear for Four M,snths Page 251 
 
 No. 20. GRANT of ANNUITY for tbe Life of the 
 Grantor, charged upon the Third Part of the Rents 
 of certain Freehold Houfes, to which he is intitled 
 for hn Life under a Will; with a Demife of the fame 
 to a Truftee for a Term of Tears for better fecuring 
 the fame. Covenant from Grantor to appear at an 
 Insurance Office ; and in Cafe be Jbould go abroad, 
 whereby the Grantee Jbould be put to any Extra Ex- 
 fence for Insurance, that Grantee Jhould receive the 
 fame out of the Rents of Eftate. Appointment of a 
 Receiver, with a Covenant for Juch Receiver to pay 
 the Grantor's Share, of Rents to the Truftee, upon tbe 
 Trufts of the Deed ; ivith a Provifo for appointing 
 another in Cafe of his Death or declining Page 255 
 
 CHAP. IX. 
 
 GRANTS of ANNUITY charged upon both real and 
 perfonal Eftates where the Grantors have only a Life- 
 Intereft. 
 
 No. 21. GRANT of ANNUITY for the Life of the 
 Grantor ; the Grantor being intitled undtr a Will Y 
 at the Expiration of 3 Tears from the Teftator's 
 to the Accumulations of his real and perfonal 
 l
 
 CONTENTS. xr 
 
 and afterwards to the Rents and Profits 
 thereof for bis Life, demifes and afiigns the fame re- 
 fpefiively to a Truftee far fecuring the Annuity j with 
 a Provifo that the Grantor Jhall not be called upon 
 for Payment of the Annuity until the Expiration of 
 the faid Three Tears - - - Page 265 
 
 No. 22. GRANT of ANNUITY during the Life of 
 Grantor, and a Dem'tfe of Freehold Premifes of 
 which the Grantor is ftifed for his Life in Reverfion 
 expectant on the Decease of his Wife's Mother ; and 
 an Alignment of Leajeholds of which he is abfolutely- 
 Entitled in Right of his wife; and alfo of Divi- 
 dends to which he is intitled for his Life, and ef 
 other Dividends to which he is intitled in Expectancy 
 upon the Deceafe of his Wife's Mother : to a 'Truf- 
 tee upon Truft to raife and pay the Annuity ; and con- 
 taining Directions to the Truftees under the Settlement 
 not to fell or vary the Securities without the Confent 
 of the Grantor - - - Page 278 
 
 (No. 23. GRANT of ANNUITY during the Life of 
 Grantor's Wife, and Conveyance in Fee by Leafs and 
 Releafe, and aljv Ajjignment by Hu/band and Wife 
 of Freehold and Leafebold, Premijes, the Rents of 
 which the Wife is intitled to for her Life to Grantee^ 
 upon Truji for fecuring the Annuity , and Covenant to 
 levy Fine - - Page 303 
 
 CHAP. X. 
 
 GRANTS of ANNUITY charged upon Leaf eh old Pro- 
 perty, where the Grantors have an abfolute Interejl. 
 
 No. 24. GRANT of ANNUITY for two Lives by two 
 joint Tenants, charged on a Leajehold EJlate of which 
 they are jointly poffeffed (fubjeft to a Mortgage], and 
 an Alignment of j a me Premifes by the Grantors joint- 
 ly with the Mortgagee, (whofg Mortgage is difcharged 
 out of the Confederation Mmey) to the Grantee for 
 fecuring the Annuity, with a Claufe to redeem the 
 Annuity by Injlalments, upon Payment after the Rate 
 of Half a Tear's Annuity - . Page 310
 
 xvi CONTENTS. 
 
 No. 25. GRANT of ANNUITY for the Lives of twa 
 Nominees charged upon a Leasehold Ejlaie, and an 
 Jjjignment of the fame Ejiate^ and a Policy of Infu- 
 rance to a Trujlee, upon frit ft fir fecuring Annuity^ 
 and containing a Covenant from the Grantor to keep 
 the Premifcs infured r - Page 32^ 
 
 CHAP. XI. 
 
 GRANTS of ANNUITY charged upon Copyhold EJlatcs^ 
 where the Grantors are fiifed in Fee or for Life. 
 
 No. 26. GRANT of an ANNUITY fecured upon a Co- 
 pyhold Ejiate for the Life of the Grantor Page 333 
 
 No. 27. DEED ^/"COVENANT to furrender z. Copyhold 
 Ejiate of Inheritance for f? cur ing an Annuity far two 
 Lives , (the yearly Value of the Ejiate being lefs than 
 the Annuity J, containing a Power of Sale in Default 
 of Payment , and a Power to invejt the Monry in the 
 Purchafe of Stock or other Securities^ to keep down 
 the Annuity^ where the Confederation is paid by a 
 Banker's Cheque Page 339 
 
 No. 28. DEED C/COVENANT by Hu/band^ for him- 
 felf and Wife to furrender a Copyhold Ejiate of Inhe- 
 ritance (fubjeft to Dower)) for fecun ng an Annuity 
 for three Lives^ granted and fecured !>y his Bond, and 
 in Default of Payment ^ upon Trujl to raife and pay, 
 the Annuity ', with a Claufe of Redemption after the 
 Expiration of three Tears^ on giving Six Months 
 Jtfotice, and repaying Principal advanced.^ or in )e~ 
 fault of Notice on repaying Principal and Half a 
 Year's Annuity Page 34$ 
 
 CHAP. XII. 
 
 GRANTS of ANNUITY charged upon per final Pro- 
 perty , where the Grantors have an abfolute Interejt. 
 
 No. 29. GRANT of ANNUITY for the Life of 
 Grantee and another^ and Jecured by a Transfer of 
 3 ptr Cents, (which Grantor is unwilling tofe-ll out)
 
 CONTENTS. xvU 
 
 into the Names of Grantor, Grantee, and another^ 
 and a Declaration of the Trujt thereof accordingly^ 
 with a Clause of Redemption at the Expiration of one 
 Tear, upon Payment of tfaff a Tear's Annuity 
 
 Page 354 
 
 J$o, 30. GRANT ^ANNUITY for three Lives, andan 
 Alignment of a Legacy, and the Moiety of the Refi- 
 due of a perfonal EJlate (in which a former Annul-- 
 tant joins) to a Truftee, in Truft to invejl a certain 
 Sum at Intereji for the Purpose of paying both An- 
 nuities, with a Covenant from, the Executor that he 
 will pay fuch Sum to a Truftee, or redeem the Annui~ 
 ties agreeable to the Terms of Redemption, and in the 
 meantime ty kqep down the growing Payments 
 
 Page 361 
 
 CHAP. XIII. 
 
 GRANTS of ANNUITY charged upon Freehold EJlates t 
 where the Grantors are feijed in Fee. 
 
 No. 31. GRANT o/ANNUiTYyor the Lives of three 
 Perfons named by the Grantee, charged upon Ejlates 
 in Fee-Ji?nple, and a Demise of the fame Premifes for 
 500 Tears to a Truftee, in Trufl for better fecuring 
 the fame, and Power to redeem on Payment of Half a 
 Tear's Annuity Page 376 
 
 No. 32. GRANT of an ANNUITY for the Lives of 
 Grantee and two Others, charged on Ejlates of lefs 
 yearly Value than the Annuity, (Part whereof the 
 Grantor isfeifed to him/elf in Fee, and the other Parts 
 are limited to a Truftee to fuch Ufes as he jhall ap- 
 point, with Remainder over to bar Dower, and Con- 
 veyance in Fee by Leafe and Releafe by the Grantor 
 alone of the Eftates of which he is Jeifid to himfelf in 
 Fee, and Conveyance in Fee by Leafe and Releafe from 
 the Truftee, (by the Direction of the Grantor) ; and 
 alfo the Confirmation of the Grantor of the Premifes 
 held to Ufes to a Trustee, in Truft to fell in Default 
 of Payment of Annuity, containing fpecial Claufes as 
 to Sale and Application of the Money, and Declaration 
 ps to outftanding Terms^ and Clauj'e for Redemption 
 
 Page 39Q
 
 iviii CONTENTS. 
 
 No. 33. GRANT of ANNUITY for the Lives of Gran** 
 tee and two Others, charged upon two feveral Manors 
 and Eft a tes, one cf which the Grantor isfeifed in Fee, 
 fubjecJ to a Mortgage, and the other is vefted in a 
 Truftee, in Truft for the Grantor, intended to be con- 
 veyed by Leafe and Release by a feparate Deed, with 
 a Claufe of Redemption, on replacing Stock in Lieu 
 nfthe Confederation Money. For which fee Precedent 
 No.XXXW - - Page 407 
 
 No. 34. CONVEYANCE in Fee by Leafe and Reltafe 
 from a Grantor and his Truftee of two feveral Ma- 
 nors and Eftates, (fubjecJ as to one Eftate to a Mort- 
 S a S e )y * a Truftee) in Truft to fecure three feveral 
 Annuities for three Lives each, granted and charged 
 thereon by three feparate Deeds , and for that Purpofe 
 in Default of Payment of Annuities by 60 Days, to 
 fell and pay off the Mortgage and the Arrears of An- 
 nuities, and to inveft the Refidue in the Funds to 
 anfwer and pay the Annuities from Time to Time; with 
 fpecial Claufes as to Sale, and an AJJignment of an out- 
 jtanding Term to a Truftee, in Trujt for Annuitants, 
 frry fpecial (See Precedent No. XXXIII. 
 
 Page 417 
 
 No. 35. GRANT of ANNUITY for three Lives, 
 charged upon Premtfes demijed to a Truftee for 500 
 Tears, in Truft for fe curing the fame; ana an Ap- 
 pointment of a Receiver of the Rents ; and a Claufe 
 for appointing another in Cafe of bis Death or Remo- 
 val', and a Declaration of the Trufts of an outftand- 
 ing Term. Redeemable - - Page 433 
 
 NO. 36. GRANT of an ANNUITY to two as Tenants 
 in Common, for the Lives of two Nominees, fecured 
 by a Demije of a Share of a Freehold Eftate of 
 tuhich the Grantor is feifed in Fee, and by an Ajfign- 
 rnent of a Share of Accumulations of the Rents of 
 fuch Eftate, to which the Grantor is abfolutely inti- 
 tLed,with a Claufe of Redemption on Payment of Half 
 A Terr's Annuity - - T Page 438
 
 CONTENTS. 
 
 CHAP. XIV. 
 
 MISCELLANEOUS DEEDS and Instruments relating 
 to Annuities. 
 
 NO. 37. AN ABSOLUTE AJJignment of Dividends to 
 which the Assignor is intitled for Life P^gs 449 
 
 No. 38. ASSIGNMENT of a Kent-charge (which is 
 redeemable) from a furviving Grantee and his Truf- 
 tee, in ivhicb the Grantor joins, in Gmfederation of a 
 Sum of Money paid to him, and makes the fame irre- 
 deemable Page 453 
 
 No. 39. DEED of COVENANTS, whereby a Clergy- 
 man, in Confederation of a Debt previoitjly Giving, co- 
 venants to pay an Annuity fecnred by a Bond and 
 Warrant of Attorney; and further covenants, that in 
 Cafe he jhouldbe preferred to a Living, he will charge 
 the fame with the Payment of the Annuity, and per- 
 mit the Grantee to fequefter the Profits thereof 
 
 Page 460 
 
 No. 40. RELEASE of a Rent-charge (which has been 
 redeemed}, and an Alignment of the Term created for 
 fecuring the fame t in Order that the Ja<;ie may hf 
 merged - - Page 466 
 
 }^o. 41. A MEMORIAL of the Grant of an Annuity 
 charged upon Lands in Middlesex - Page 470 
 
 NO. 42. SURRENDER of a Copyhold Eftate for fecur-( 
 ing an Annuity - - Page 472 
 
 No. 43. ASSIGNMENT of a Policy of Insurance far 
 Lives - - Page 474 
 
 Jo. 44. PETITION to the Court of Chancery for Pay-i 
 ment of Dividends of Stock, ftanding in the Name of 
 the Accountant-General, af signed by a married Win 
 man for fe curing an Annuity - Page 477 
 
 No. 45. WARRANT of ATTORNEY for entering 
 up "Judgment on a Bond given fur fecuring an An- 
 nuity - - Page 480 
 
 No. 46. A PROVISO for reducing an Annuity in Cafe 
 of Payment within a given 'lime P a g? 4^4
 
 CONTENTS, 
 
 CHAP. XV. 
 
 MEMORIALS. 
 
 NO. 47. A MEMORIAL of the Grant of an Annuity 
 for the Life of the Grantor ', jccurcd by Bond, War- 
 rant of Attorney , and Alignment of Dividends, with 
 a Claufe for Redemption, where the Confederation 
 Money is paid by a Bill of Exchange rage 483 
 
 No. 47. A MEMORIAL of an Afsignmcnt of Divi- 
 dends > ftanding in the Name of the Accountant-Gene-' 
 ral by Hufband and Wife, for fecuring an Annuity 
 during the Life of the Wife; and of Bond and War- 
 rant of Attorney given by the Hujband for letter fe- 
 curing the fame - P a g e 491 
 
 NO. 48- A MEMORIAL of the Grant of an Annuity 
 for the Life of the Grantor, charged upon an Eftate 
 which the. Grantor is feifed for Life, and likewije fe- 
 cured by Bond and Warrant of Attorney Page 495 
 
 49. A MEMORIAL of the Grant of an Annuity , 
 fecured upon a Copyhold Ejtate of Inheritance for three 
 Lives, together with a Bond and Warrant of Attor-i 
 ney - I'age 500 
 
 O. 50. A MEMORIAL of the Grant of an Annuity, 
 charged upon real and perfonal Property for the Life 
 of the Grantor, and likeicife jecured by Bond and 
 of Attorney - Page 503
 
 CASES REFERRED TO. 
 
 A 
 
 Page* 
 
 zVNSELL and another ex parte * 46 
 
 B 
 
 Bromley v. Greathead manufcript - - 87 
 
 Brice v. Potter - too 
 
 Brice v. Vivian - 100 
 
 Bromley v. Holland - - 991 
 
 Birch v. Wright 4 
 
 Barwiclc v. Reade - 7 
 Bolton, Duke of, v. Williams 48, 64, go 
 Broomhead v. Eyre - - 49, 67 
 
 Berry v. Bentley . - - 6r 
 Buck v* Tyte - 93, 94 
 
 c Cotterel v. Hooke - - 18 
 
 Cummins v. Ifaac - 42 
 
 Crefpigny v. Winternoon- - 78, 85 
 
 Chefter ex parte - 90 
 
 Crofsby v. Arkwright 2, 
 
 D 
 
 Davidfon v. Lord Foley . . 35 
 
 Same v. fame - ibid. 
 
 Downes v. Packhurft ^ - 38 
 
 Diun
 
 *xi CASES REFERRED TO. 
 
 Pagi. 
 
 Daun on dem. Dolrnan v. Dolman 39 
 
 Dalmer v. Barnard - 64 
 
 L)ixon v. Birch and ^oyte - 86 
 
 Fallen and Wife ex parte - - 34, 56 
 
 Fenncr v. Evans - 48, 54. 
 
 G 
 
 Glafle v. Mount - - 64 
 
 Garwood <y. Sanders * 89 
 
 Greathead v. Bromley 96 
 
 H 
 
 Hopkins v. Waller - - "35 
 
 Harris v. Stapelton - 46 
 
 Hodges v. Money - - - 63 
 
 Hallay v. Hales, Bart, and another - 83 
 
 Huttori v. Lewis - .85 
 
 Irnham v. Child - 13 
 
 Jacques v. Withy - . - 6a 
 
 Incc v. Everard - .98 
 
 K 
 
 Kirkman v. Price - 48 
 
 Kelfe v. Ambrofle Clk. - 58, 69 
 
 The King v. Gilham - ' - 77 
 
 L 
 
 Litterdale v. Duke of Montrofe and Lord Mulgrave 6
 
 CASES REFERRED TO. xxlli 
 
 M 
 
 Page. 
 
 Morris v. Wall - . - 6r 
 
 Mouys v. Leaks 49, 6S 
 
 O 
 
 Ogilvie v. Foley i 10 
 
 Osborn v. Craven - 90 
 
 P 
 Poole v. Cabanes and others K 62, 98 
 
 Rofher v. Hurclis - . - 35 
 
 Jkumbold v. Murray and others - t>i 
 
 Sherfon v. Oxlade - - 35 
 Saunders v. Hardinge Clk. . * 44, 91, 92 
 
 Steadman v. Purchafe - 45 
 
 Shove v. Webb - 69, 101 
 
 Scott i; Whalley - - 10 
 
 Shrapnel v. Vernon - 82, 84* 
 
 Symonds and Ux. w. Cobouren - - 91 
 
 Stratton -y. Raftall and another - - 
 
 Taylor v. Johnfon 40 
 
 Thurkill v. Wallace - * 90 
 
 Van Braam v. Ifaac - . 37, 98 
 
 Vaux v. Anfell - . 65 
 
 W 
 
 Wrights. Reed 3 ~ 56 
 
 Withy v. Woolle/ * 57, 69, ^f
 
 ERRAf A. 
 
 Page f at the bottom for 252 read 248. 
 
 10 - for i Blac . Rep. read 2. 
 - 38 line 1 1 for " adherence" read " being adhered to.** 
 70 3 " as" read " -which." 
 
 28 "grantee" read "grantor."''' 
 75 23 "is" read "Specifies." 
 go - 6 "integrity" read " charaSler." 
 8 1 27 " -where" read "and." 
 8z 4 "exemptions." read "exceptions," and omit 
 
 fT>/." 
 
 7 omit " r/&^y." 
 90 - 10 " furpojes" read " purpofe." 
 
 92 in the margin for "judicatur "read " judicattm.'* 
 
 93 line 3 for " judicatem" read "judicatam." 
 
 96 9 " brought" read " bringing." 
 
 97 25 "judicatur" read "judicatam.'* 
 105 23 " Juch" read "a contrary. 
 
 27 ' enough" read " " 
 
 . 
 
 106 2 " do&rine" read " perjuafan" and "drive" reaal 
 " drive" 
 
 5 
 
 - an-usn. 
 
 " nndtniable Je curitiet" read " undtnia. bly fecureei."
 
 A TREATISE 
 
 ON THE 
 
 LAW OF ANNUITIES, 
 
 &c. Sec. 
 
 CHAP. I. 
 
 Of the Praftice of Annuities. 
 
 \ Annuity is defined by Lord Coke, " a what 's 
 , e , ,, - r r annuity. 
 
 ' yearly payment or a certain mm ot money 
 
 '< granted to another in fee, for life or for 
 '' years, charging the perfon of the grantor 
 '* only*." If pay able out of lands, it is pro- Difference 
 perly -called a rent-charge; but, if both the n ^ ve ^ n j n * 
 perfon and the eftate be made liable, as they rent-charge, 
 mod commonly are, then it is called an an- 
 nuity. 
 
 . 
 . 
 
 * Co. Litt. 144. 
 
 B THE
 
 A TREATISE ON 
 Of annuities THE annuities and rent-charges, which for 
 
 ofVhe'grln- the fake of brevit J mal1 be h ere confidered 
 tors. as one and the fame, and which are the fub- 
 
 jet of this book, are granted either for the 
 life of the grantor, or for the lives of others. 
 The firft clafs, therefore, and which are the 
 moft general, are thofe which are granted for 
 the lives of the grantors, and which chiefly 
 refult from the cliftrefs of the parties, and 
 like wife from their inability to give a perma- 
 nent fecurity for the return of the money 
 borrowed at any one period of time; and, 
 therefore, they Stipulate to repay annually, 
 during their lives, fome part of the money 
 borrowed, together with legal intereft for fo 
 much of the principal as annually remains 
 unpaid, as an additional compenfation for the 
 extraordinary hazard run of lofing that princi- 
 pal by the contingency of the borrower's death ; 
 all which considerations, being calculated and 
 blended together, will conftitute the juft pro- 
 portion or quantum of the annuity granted. 
 
 How gene- THESE annuities are either fecured by a 
 rally fecur- b onc i and judgment of the parties themfelves, 
 or by an alignment of fome perfonal property, 
 or charged upon fome real eftate, in which the 
 grantors have only a life - intereft ; and, as 
 fuch, can only procure money by granting 
 
 annuities
 
 THE LAW OF ANNUITIES. * 
 
 annuities for their own lives. Thefe interefls 
 generally arife either from marriage -fettle- 
 ments or wills, and are moftly created on the 
 eve of a pre-concerted marriage, or by the do- 
 nors of property, in order to guard againft any 
 unforeseen improvidence; and confift of free- 
 hold, copyhold, of leafehold eftates, the di- 
 vidends of flock, or the intereii of money 
 arifing from any other fund. 
 
 ANNUITIES, fecured upon freehold orp owers f or 
 leafehold properties, when the parties have recovei 7 
 only a life-intereft, (and which are as good charged up- 
 fecurities for annuities as when they have ab- oneftates * 
 folute ones) are created with powers of diftrefs 
 and entry upon the premifes upon which they 
 are fecured, in default of payment thereof 
 by a certain number of days, in the fame 
 manner as powers refer ved by leafes to land- 
 lords, in default of payment of rent by te- 
 nants : and if the property confifts of a free- 
 hold eftate, the fame is demifed to a truftee 
 for the purchafer for a term of 99 years (if 
 the grantor mall fo long live) upon truft, by 
 mortgage or fale of the premifes, to raife and 
 pay the annuity when in arrear: the fame 
 form is likewife obferved in fecurities upon 
 leafehold eftates ; but which, inftead of being 
 demifed, are afligned for the remainder of 
 B 2 the
 
 A TREATISE ON 
 
 the terms therein, upon the like trufts. 
 Copyhold eftates are only fin-rendered con- 
 ditionally, by reafon of the expence of the 
 fines ufually paid on abfolute furrenders ; but 
 by the deed creating the annuity, a truft is 
 raifed for the pnrpofe of paying the fame, 
 in default thereof by the grantor. It is al- 
 moft always ufual, in thefe fecurities, to fuffer 
 the party to receive the rents of his eftate until 
 default of payment ; and then the grantee 
 may either di [train for the annuity upon the 
 tenants of the eftate (who are in fuch cafes 
 bound to pay), or ejeclments may be brought 
 to obtain poiTeffion of the eftate itfelf, and 
 then out of the rents pay himfelf his annuity; 
 in which cafe he may afterwards, in an action 
 for life and occupation, recover all the rent 
 in the hands of the tenant at the trme he 
 gave him notice, and down to the day of 
 the demife, but not afterwards, as laid down 
 in Birch v. JPrigkt*.' But, to prevent that 
 event taking place, it fometimes happens that 
 the parties content that fome or one of the 
 tenants of the eilate mail attorn tenants to 
 the grantee for the rent paid by them, or a re- 
 
 * i Term. Rep.' 378. 
 
 _ 
 ceivcr
 
 THE LAW OF ANNUITIES. 5 
 
 reiver is appointed for the purpofe of more 
 punctual payment of the annuity, which re- 
 ceiver is generally made a party to the deed, 
 and covenants to pay the annuity out of the 
 
 rents. 
 
 / , 
 
 PERSONAL properties are affigned either to When fecur- 
 
 ji . ed upon per- 
 
 the parties themlelves, or more generally to a f ona f pro . 
 truftee, with powers to receive the fame of theP ert >'- 
 truftees or others in whom the principal is 
 vefted, and out of the fund affigned to pay 
 the annuity, and the refidue to the grantor; 
 in which cafes fuch truftees ihoukl, in the fir ft 
 inftance, have knowledge of the tranfaction, . 
 by ferving them either with a notice, or with 
 a copy of the annuity-deed; and from that 
 period they are bound to pay all the money 
 fo affigned to the affignee, or at leaft the an- 
 nuity; and, in default thereof, they are com- 
 pellable thereto in a court of equity. 
 
 THESE are the fpecies of annuities which The i 
 
 .-, -T -n i i .-.fition of the 
 
 the -Legillature had in view at the time or 
 framing the A61 for regulating the fame, in 
 order to protect men whofe wants expofed 
 them to the Crafty and dcfigning: and it is 
 natural to infer, that this mode of procuring 
 money, by which the borrower pays a moft 
 exorbitant intcreft, is the laft refource of the 
 B 3 parties,
 
 6 A TREATISE ON 
 
 parties; for there are few who, before they 
 fly to this deftruftive method, but have tried 
 every other that imagination can devife; and, 
 therefore, the greatefl caution is necefiary to 
 The prcfent be obferved in fuch negociations. Men thus 
 *oc h u < nn f fituated, and perhaps preffed for the payment 
 the money, of a fum of money by a ftipulated time,' fly 
 to the advertising money-lender, whofe fper 
 pious advertifement too foon attracts the no- 
 tice of the diftrefied and unwary; and having 
 once difclofed their wants, and committed 
 themfelves to this accommodating man, readily 
 accede to fuch terms as the ne^rciator thinks; 
 
 ' C? 
 
 Price gene- proper to impofe, which are generally ^r, and 
 the fame, "feldom more than feven years purchafe, ac- 
 and expences cording to the age of the parties, and the 
 nature of their fecurities; added to which, a 
 CommuTion of 51. per cent, is moftly re- 
 quired for procuring this money, beiides no 
 fmall bill for the conveyance. 
 
 Half-pay of As I have fuggefted the different fecurities 
 
 erS M generally given for fecuring annuities, it mufl 
 
 be here obferved, that there is one fpecies of 
 
 property which heretofore was coniidered as a 
 
 fufficient fecurity for an annuity, and that 
 
 was the pay of officers in the army and navy ; 
 
 but which have been determined, in " Lit- 
 
 " terdalc v. Duke of Montrofe and Lord Mul- 
 
 3 4< grave,"
 
 THE LAW OF ANNUITIES. $ 
 
 *' grave*," not to be aflignable, where all the 
 authorities upon which that cafe was decided 
 are there enumerated. 
 
 ANNUITIES for the lives of the grantees, or Annuities for 
 others nominated by them, are granted upon g rantee s or 
 different principles, being fabricated by thef ot ^ ers 
 parties themfelves for the purpofe of obtaining 
 money, which the preffure of the times make 
 it impracticable for them to obtain upon a 
 common loan at 5 per cent, or to anfwer fome 
 particular emergency, and fometimes upon 
 fpeculation. Thofe are feldom or ever granted How gene- 
 upon the perfonal fecurity of the parties, as, [ lly fecur " 
 from their very nature, they require a more 
 durable fund, fuch as freehold or copyhold 
 eftates, in which the grantors are feized in fee ; 
 or leafeholds for terms of years, or upon any 
 other property, in which the grantors have 
 an abfolute and uncontroulable intereft; as 
 the aclual transfer of ftock, the alignment 
 of a mortgage, legacy, or a fum of money 
 payable at fome future period: out of which 
 different fpecies of property the parties have 
 the power of carving whatever intereft they 
 
 * 4 Term. Rep. 252. 
 
 ,....., 
 p 4- think 
 
 V03 "I
 
 8 
 
 
 
 Powcr for 
 recovery 
 
 thereof. 
 
 A TREATISE ON 
 
 think proper. As fuch, thofe who have oo 
 cafion to raife money by annuities, generally 
 create them for one, two, or three lives, which 
 are named by thofe who advance the money; 
 always referving to themfelves a power of re- 
 demption, M'hich will be hereafter more fully 
 treated upon. And it is no very uncommon 
 practice, that where a party willies to procure 
 a fum of money, for which he is obliged to 
 pay an annuity exceeding the yearly value 
 of his eftate or intereft, but which, in point 
 of real value, thrice exceeds the fum paid for 
 the annuity, the fame is conveyed or afligned 
 to a truitee, upon truft, in default of payment, 
 to fell part thereof, or the rcverfion thereof, 
 iubject to the annuity, for the purpofe of dif- 
 charging the fame. The like mode is adopted 
 for fecuring the payment of thefe annuities as 
 thofe which are granted for the life of the 
 grantors, excepting in the cafe where pcrfonal 
 property is afiigned, which is to become pay- 
 able to the grantor at fome future period ; in 
 which cafe, the fame mult be amgned to a 
 truftee for the grantee, in truft to invert an 
 adequate part thereof at intereft, and thereout 
 to raife and pay the annuity. But thefe pro- 
 vifions are feldom or ever carried into exe- 
 cution, by reafou of the capability of the 
 parties in redeeming the annuity out of the 
 
 funds
 
 THE LAW OF ANNUITIES. 9 
 
 funds fo conveyed or affigned, whenever the 
 fame is reduced into potfeilion. 
 
 THE purchafer fhould, in this cafe, give 
 notice of his incumbrance to thofe through 
 \vhofe channel the fund is to be paid, by ferv* 
 ing them with a notice, or a copy of the deeds, 
 from which period they are bound to pay over 
 the fame. 
 
 THESE annuities (excepting fuch as are 
 charged upon freehold eftates, or by the ac- 
 tual transfer of ftock, the rents and dividends 
 of which are of equal or greater annual value 
 than the annuity granted) are^alike comprized 
 within the provifion of the Acl, in the fame 
 manner as thofe granted for the life of the 
 
 O * 
 
 grantor. 
 
 
 THE market price which thefe clafs of an- Price gene- 
 
 11 J C 
 
 nuities generally bear, are from feven to nine jj e fsJe,and 
 years purchaie, according to the life or lives expences 
 for which they are granted, and the perma- 
 nency of the fecurity ; and they are alike fub~ 
 jeft to the great deductions for brokerage and 
 Jaw-charges. 
 
 As
 
 10 A TREATISE ON" 
 
 Proceedings As almoft all fecurities for annuities, whe- 
 onfuing out ^^ f or t j le jj ves O f gr ran tors or others, are 
 
 execution for D 
 
 recovering accompanied by a bond and warrant of at- 
 nuhies S . f ^ torne y b .v which the grantee has a more fum- 
 inary mode of procuring payment of his an- 
 nuity, by entering up judgment upon the 
 bond by virtue of the warrant of attorney, 
 and ifluing an execution for the arrears due. 
 The practice in fuch cafe is to enter up judg- 
 ment for the penalty of the bond, and take 
 out execution for the arrear of the annuity 
 due, together with the cofts thereon ; upon 
 which the grantee is at liberty to take out 
 frefli execution for the future arrears, as the 
 fame become due. This rule v/as laid down 
 in " Ogilvie v. Folcy* ;" and it was alfo deter- 
 mined, in " Scott v. Whalle.y\" that if an 
 execution has been hTued upon the judgment 
 within the year, there is no occafion to revive 
 the fame by ftire facias in order to iiTue out 
 a fecond one. 
 
 Annuities as IT is clearly laid down, that annuities, either 
 ^' Ives ^ ^ e grantors, or for the lives of 
 
 fpecies of others, are fuch interefts or rights as are fale- 
 property. 
 
 I Black. Rep. mi. 
 t I H. B. Rep. 297.
 
 THE LAW OF ANNUITIES. 11 
 
 able, and that they require no other confi- 
 deration for their being granted than any 
 other fpecies of eftates or beneficial intereft, 
 real or perfonal. But this, as well as any 
 other fpecies of property in which fraud and 
 deceit have been ufed, or when the confidera- 
 tion is pro caufa turpi, $c. is alike within the 
 controul of a court of equity ; and inade- 
 quacy of price alone has never been con- 
 fidered a ground for fetting afide an annuity, 
 except where any undue advantage has been 
 taken. For to afcertain the value of an an- 
 nuity calculations are not the proper cri- 
 terion ; circumftances of the parties, the na- 
 ture of the fecurities, or the prelfure of the 
 times, are the only ftandards by which thefe 
 contracts muft be weighed ; and, therefore, 
 the price of annuities cannot, without the 
 greateft difficulty, be reduced to any general 
 rules ; fa that if, by the terms of the contrary 
 the lender's principal is bonajide, and not co- 
 lourably, put in jeopardy, no inequality of price 
 will make it an u furious bargain ; though, un- 
 der fome circumftances of impofition, it may 
 be relieved againft in equity *. And from the 
 various cafes which have been decided in the 
 
 * 2 Black. Com. 461. 
 
 courts
 
 12 A TREATISE ON 
 
 courts on this head, and very ably collected 
 by Mr. Fonblanquc in his Treaty on Equity *, 
 to make ufe of his words, " That if there 
 " be any fraud, either direct or conftrucrive, 
 " or the parties appear to be within the range 
 " of that policy which gives to particular de- 
 '* fcriptions of perfons an extraordinary claim 
 " to protection, courts of equity will interpofe 
 " and give relief : but if the tranfaclion is not 
 " chargeable with fraud or iuipofition, and 
 " the parties to it are /id juris, and not in a 
 " fituation which gives them peculiar claims 
 li to protection, courts of equity, in cafes of 
 -" annuities, will do as courts of law, leave 
 " money to find its own value, no Aft of Par- 
 " liament having prefcribed any regulation 
 " as to the price of annuities." 
 
 . 
 
 Claofesof THE very heavy burthen upon the parties 
 
 redemption re fultin from thefe tranfa&ions. and in order 
 legal. 
 
 to relieve them from this continual yoke, 
 
 whenever they mould have it in their power 
 to throw off the fame, an expedient was here- 
 tofore adopted, whereby the grantors were to 
 be at liberty to redeem their annuities upon 
 
 * i Vol. 23678. 
 
 repay-
 
 THE LAW OF ANNUITIES. > 
 
 repayment of the money advanced, with an 
 additional fum as a confidcration for fuch 
 privilege : but thefe agreements appearing to 
 taint the tranfaftion with ufury, and as that 
 idea generally prevailed in Lord Hardteick's 
 time (although no decifion was ever made 
 thereon), it was deemed unfafe to infert fuch 
 agreements in the annuity-deeds; and, there- 
 fore, the parties were conftrained to rely on 
 the honour of the purchafers in fulfiling the 
 fame. But as it very frequently happened 
 that the fulfilment of thefe agreements were 
 not ftrictly adhered to, and as the grantors 
 could obtain no relief upon thefe verbal con- 
 traits, they afterwards appeared in their proper 
 light, as being created entirely for the benefit 
 of the grantors; and the Courts of King's- 
 Bench and Common Pleas having fignified 
 their opinion as to the validity of fuch agree- 
 ments, the point was at length finally fettled 
 by Lord Thurlow in " Irnham v. Child*," 
 where an annuity was fold, and it was agreed 
 between the parties that it mould be redeem- 
 able, but that no claufe of redemption mould 
 be inferted in the annuity-deed, under the idea 
 ihat it would render the tranfaction ufurious ; 
 
 * i Bro, C.C, 91. 
 
 and
 
 14 A TREATISE ON 
 
 and the bill was filed to compel redemption, 
 but was difmiired, upon the ground that, 
 where there is no fraud, parol evidence fhall 
 never be fet up againft a deed ; and Lord 
 Thurlow, in his decree, pointedly faid, " To 
 " fell an annuity, and make it redeemable, is 
 " not ufiiry, becaufe it is not a loan." Since 
 that period, claufes for redemption have been 
 univerfally inferted in deeds, and the courts 
 have uniformly ratified the fame. 
 
 The different THESE agreements for the redemption of 
 
 fpecies annuities vary according to the ftate of the 
 thereof. * 
 
 times at which the money is advanced. If 
 
 a man raifes a fum of money when the funds 
 are extremely low, it would be much againft 
 the intereft of the purchafer to have his an- 
 nuity redeemed when they are very high, by 
 which he might be a considerable lofer. To 
 guard, therefore, againft the fame, it is ufually 
 ftipulated that the grantors ihall not redeem 
 without paying a certain fum, over and above 
 the original purchafe-money, which is gene- 
 rally half a year's annuity ; or it is fometimes 
 ftipulated, that the party's power of redemp- 
 tion Di all be fufpended 'for a given time ; and^ 
 indeed, fometimes both are ftipulated for; 
 and where a perfon has fold out ftock to make 
 the purchafe, an agreement is ufually made 
 
 that
 
 THE LAW OF ANNUITIES. 15 
 
 that the grantor mall, on redeeming the an- 
 nuity, replace the quantum of ftock actually 
 fold out for that purpofe. But when the 
 funds are very high, claufes of redemption are 
 admitted, upon repayment of the principal 
 money advanced only, upon giving three or 
 fix month's notice. 
 
 WITHOUT thefe claufes, annuities for the Always fti- 
 lives. of others would leldom or ever be grant- 
 
 ed ; for few people, who have an ahfolute in- \ ties for 
 tereft in a freehold or leafehold eftate, or other 
 property, would tie up the fame, for the loan 
 of a temporary fum, hy the fale of which, or 
 by other refources, they could obtain help, 
 although in not fo fummary a manner. For 
 there are fcarcely any thus fituated, who pro- 
 cure money upon fuch difadvantageous terms, 
 to whom the fame may not be of fome ap- 
 parent efiential fervice; perhaps by prevent- 
 ing the hafty fale of fome valuable and im- 
 proveable eftate, in order to difcharge a debt 
 which they are importuned and neceffitated 
 to pay; or to enable them to complete a pur- 
 chafe, the benefit of which might be greater 
 than the difadvantage arifing in procuring the 
 money by annuity. Under thefe and fimilar 
 circumftances, the railing money upon an- 
 nuities for the lives of the grantees or others, 
 
 with
 
 16 A TREATISE ON" 
 
 with claufes of redemption, are not always 
 attended with fuch injurious confequences as 
 thofe for the lives of the grantors; where the 
 parties have only a life-intereft in the pro- 
 perty, hy which they can feldom or ever have 
 any profpe6l of redeeming the fame ; and 
 where the money raifed (if not already anti- 
 cipated) is appropriated to extravagance and 
 dillipation. 
 
 Ofclaufesfor THERE are other claufes fomettmes inferted 
 reducing an- j n annuity-deeds, which are alike beneficial to 
 
 nuities if ~ _ , 
 
 punftually tne grantor; iuch as claules whereby the 
 grantee ftipulates, that provided the grantor 
 pays the annuity granted within a certain 
 ftipulated time, that inftead of receiving the 
 whole annuity agreed to be paid, he agrees 
 to accept a diminution thereof. The legality 
 of which cannot be at all doubtful, for it is 
 certainly much in favour of the grantor; and 
 it is to be lamented, that thefe claufes are not 
 more generally inferted than they are, as they 
 would moft amiredly be attended with very 
 beneficial effecls to all parties; the grantors 
 paying a lefs intereft than they otherwife would 
 do ; and, by thus keeping them punctual in 
 their payments, would not only fave great law- 
 coft?, but prevent them from applying that 
 money, which ought to be appropriated in the 
 
 difcharge
 
 THE LAW OF ANNUITIES. 17 
 
 dtfcharge of the annuity, to other purpofes, 
 which is too generally the forerunner of their 
 granting others : and as punctuality in the 
 payment is a great coniideration with men 
 who purchafe annuities, there are few who 
 would not willingly relinquiih a part of the 
 intereft ftipulated to be paid, could they but 
 rely upon receiving the money at the time 
 appointed. It is on that account that all an- 
 nuities, where the parties are placed in the re- 
 ceipt of the property on which the annuity is 
 fecured, obtain a greater price than others. 
 
 As moit people who purchafe annuities forOfclaufesfor 
 the lives of the grantors generally look for a anyrain- 
 return of their principal upon the death of the furance on t 
 party, for which recourfe is ufually had toiif e . 
 fome infurance-office for the purpofe of effect- 
 ing the fame, by the payment of a certain 
 annual ftipulated premium, adapted to the age 
 of the party infured ; but as thefe annual pre- 
 miums are increafed upon various occafions 
 where there is any particular hazard attending 
 the life (efpecially in the event of the party 
 going out of Europe in a naval or military 
 capacity), the payment of which annual pre- 
 mium would confiderably reduce the annuity ; 
 in which cafe, it is frequently ftipulated in the 
 annuity-deed, that in fuch event happening, 
 
 c the
 
 IS A TREATISE ON 
 
 the grantor covenants to pay fuch additional 
 premium; and if there is a fund appropriated 
 for payment of the arianuity, that fund is ge- 
 nerally charged with the payment thereof. 
 
 Of the cove- Tit ERE are few other 4 covenants or agree- 
 
 nant for pay- . ~ . 
 
 mentofan- ments made upon the granting or annuities, 
 
 and inferted in fuch deeds, but what are ge- 
 nerally inferted in the conveyance or affign- 
 ment of fnnilar properties for other purpofes, 
 except the covenant for payment of the an- 
 nuity ; and this is a very material covenant, 
 particularly in annuities granted upon per- 
 fonal fecurities, or even upon real ones, in 
 the event of their failure ; for upon tnefe co- 
 venants the party always has a perfonal re- 
 med againft the grantor, Avhich not even an 
 act of bankruptcy can diffolve * ; and it has 
 been determined, in " Cotterelv. Hooke^," 
 that where there is a bond, and alfo a deed 
 of covenant, for payment of the annuity (al- 
 though the bond is forfeited before a difcharge 
 under an infolvent acl), the party may be 
 fued upon the covenant for payments becom- 
 ing due after the difcharge (although an ex- 
 
 Cooke's Bank. Laws> 187. 
 t Doug. Rep. 97.
 
 THE LAW OF ANNUITIES. 19 
 
 pfefs claufe was inferted in the Infolvent A6t 
 of the 18th Geo. 3. c. 52. to relieve the gran- 
 tors of annuities, who had been fugitive be- 
 yond feas when difcharged from the accruing 
 payment of fuch annuities) ; fo that, provided 
 the fecurity for an annuity mould only be 
 perfonal, and which is generally fecured by 
 bond and judgment only; yet, for the reafou 
 before ftated, it is advifable likewife to have 
 a deed of covenant for payment of the fame. 
 But it muft be here underftood, that the party 
 in fuch cafes muft cleft, for he will not be per- 
 mitted to make ufe of the penalty of the bond 
 and the covenant likewife. 
 
 As it is ufual in fettlements of property to Of the pro- 
 enable the truftees in whom the fame is vefted j^ 1 *^" 
 to vary and change the fecurities from time truftees un- 
 to time with the confent of thofe interefted, m^ntu^on" 
 and as it is under fuch fettlements that an- which an an- 
 
 .... IT {- -, nuity is fe- 
 
 nuities tor the lives ot the grantors are ge- cure dfrom 
 
 nerally fecured, it is advifeable in fuch cafes Var 7 1 . n s fe * 
 
 -. / curuies. 
 
 to mlert a provifo in the annuity-deed, pro- 
 hibiting the truftees not to vary fuch fecurities 
 without the confent of the grantee ; for it 
 may happen, that when the annuity is pur- 
 chafed, the property may confift of money in 
 the funds, or landed eftates in England ; but 
 how different would the fecurity be, if the 
 c 2! truftees
 
 20 A TREATISE ON 
 
 truftees were, unknown to the grantee, to 
 change fuch fecurities for eftates in Ireland 
 or the Weft Indies, or Inveft the money arifmg 
 from the fale upon property which might there- 
 after fail, or involve the annuitant in a fuit in 
 Chancery to obtain the payment of his an- 
 nuity ? 
 
 Annuities Bu T notwithstanding annuities thus granted 
 ed by an Ad are legal tranfactions, and the agreements be- 
 of Parlia- tween the parties themfelves may be fo clearly 
 exprefled in the deeds, yet a door was ftill 
 open to great fraud and impofition, by reafon 
 of the fecrecy by which thefe tranfa&ions were 
 negociated: the Legiflature, therefore, wifely 
 interfered, and by an Acl of Parliament en- 
 deavoured to regulate this baneful traffic. But 
 this A6t, however wifely framed, and however 
 falutary its provifions are, has not yet been 
 able totally to eradicate the evils it aimed at, 
 although the fame has been the fubjecl of fo 
 much difquifition in the different courts the 
 effect of which will be next confidered. 
 
 CHAP,
 
 THE LAW OF ANNUITIES. 
 
 CHAP. II. 
 
 Of the Aft of Parliament for regulating 
 Annuities* 
 
 JL HE Act of Parliament for regulating an- i;th Geo 3. 
 nuities was patted in the 17th Geo. 3. c. 26. 26> 
 
 intitled, " An Aft for regifterino- the Grants Title of the 
 
 Al 
 " of Life- Annuities, and for the better Pro- 
 
 (l teftion of Infants agairift fuch Grants." 
 
 IN order to have a clear infight into the Confidera- 
 Aft, it is neceffary to be firft thoroughly ac- tlc 
 quainted with the intention of flle Legiflature 
 in framing the fame, which from the title 
 would appear to be principally for the relief of 
 infants who were drawn in to grant annuities, 
 and to ratify the fame on coming of age. But 
 from a confideration of the following preamble 
 of the Aft, it was evident the Legiflature in- 
 tended altogether to check the granting of 
 annuities. 
 
 on.
 
 17th GEO. III. c. 26. 
 
 " An AB for regiftering the Grants of Life-' 
 " Annuities; and for the better Protection 
 " of Infants againft fuch Grants. 
 
 preamble. " WHEREAS the pernicious Practice of 
 le raiting Money by the Sale of Life- Annuities 
 " hath of late Years greatly increafed, and is 
 " much promoted by the Secrecy with which 
 *' fuch Tranfaclions are conducted; be it 
 " therefore enacted by the King's moft Ex- 
 " cellent Majefty, by and with the Advice 
 11 and Confent of the Lords Spiritual and 
 " Temporal, and Commons, in this prefent 
 te Parliament affeml>led, an,d by the Authority 
 ".of the fame: 
 
 A Memorial 
 
 -* 
 SECT. ].-- 
 
 Deed ' 
 
 That a Memorial of every 
 Inftrument, or other Affur- 
 for granting ance, whereby any Annuity or Rent-charge 
 ities, fliail, ' ihall, from and after the patting of this Ac^, 
 withm 20 b e granted for One or more Life or Lives, 
 
 Pays of the 
 
 Execution : ' or for any Term of Years or greater Eftate 
 inrofl-d in " detcrminable on One or more Life or Lives, 
 the Court of Chancery; which (hall contain the Date, Names of the
 
 THE LAW OF ANNUITIES. 
 
 " mall, within Twenty Days of the Execution 
 
 " of fuch Deed, Bond, Inftrument, or other 
 
 " Affurance, be inrolled in the High Court 
 
 ' ' of Chancery ; and that every fuch Me- 
 
 ' ' morial lhall contain the Day of the Month, 
 
 " and the Year when the Deed, Bond, In- 
 
 " itrument, or other Affurance, bears Date, 
 
 ic and the Name of all the Parties, and for 
 
 " whom any of them are Truftees, and of all 
 
 "the Witneffes; and mall fet forth the an- 
 
 " nual Sum or Sums to be paid, and the Name 
 
 (: of the Perfon or Perfons for whofe Life or 
 
 " Lives the Annuity is granted, and the Con- 
 
 " fideration or Confiderations of granting the 
 
 " fame; otherwife every fuch Deed, Bond, 
 
 " Inftrument, or other Affurance, mall be null Deed, Bond, 
 
 (l and void to all Intents and Purpofes. &c. fhaii be 
 
 void. 
 
 SECT. 2. " And be it further enacted, Before T U d 
 " That before any Judgment fhall be entered ment fhail be 
 '* of Record upon any Warrant of Attorney ^ord upon 
 " for recovering or fecunng the Payment of an x Warrant 
 " any Annuity or Rent-charge that hath al- f or recover^ 
 " ready been granted for One or more Life or in ? an 7 A n- 
 
 m t*-<r nuity already 
 
 * Lives, or for any Term of Years or greater granted, and 
 " Eftate determinate upon One or more Life bef ? re ^: 
 
 cution lhall 
 
 be fued out, &c. on any Judgment already entered, &c. a Memorial 
 be inrolled as aforefaid. 
 
 or
 
 4, A TREATISE ON 
 
 " or Lives, and before any Execution mall 
 " be fued out, or Action brought on any 
 " Judgment already entered, or on any 
 " Deed, Bond, Inftrument, or other Alfur- 
 " ance already executed for the Purpofes 
 " aforefaid, a like Memorial of the Deed, 
 " Bond, Inftrument, or other Affurance 
 " ihall be inrolled in the High Court of 
 " Chancery; and in cafe the Party /hall 
 " neglect to inrol the fame, any fuch 
 " Judgment, Execution, or Proceeding in 
 " the A6lion refpeciively, mall be null and 
 "void. 
 
 All future SECT. 3. " And be it further enacted by 
 graming'of " the Authority aforefaid, That in every Deed, 
 Annuities _ "Inftrument, or other Affurance, whereby 
 
 fhall contain ., . 
 
 the Confi- ' an y Annuity or Rent-charge lhall, from and 
 derationed after the paffing of this Act, be granted, or 
 
 the Names of { 
 
 the Parties in attempted to be granted, the Confideration 
 
 " reall J and bo f<le (which iliall be in Mo- 
 : ' ney only), and alfo the Name or Names of 
 ' the Perfon or Perfons by whom, and on 
 "whole Behalf, the faid Confideration, or 
 "any Part thereof, mail be advanced, mall 
 : be fully and truly fet forth and defcribed in 
 ' VVords at Length; and in cafe the fame 
 "mall not be fully and truly fet forth and 
 ''' defcribed, every fuch Deed, Inftrument, or 
 5 " other
 
 THE LAW OF ANNUITIES. 2a 
 
 " other Affurance, fhall be null and void to 
 " all Intents and Purpofes. 
 
 3 
 
 SECT. 4. " And he it further enafted, IfanyPartof 
 " That if any Part of the Confideration mall Jj^ ^' 
 " be returned to the Perfon advancing the be returned, 
 " fame ; or, in cafe the Confideration, or any {ha^not be $ 
 
 " Part of it, is paid in Notes, if anv of the P aid when 
 
 due &c. 
 ' Notes, with the Privity and Confent of the 
 
 "Perfon advancing the fame, fhali not be 
 M paid when clue, or ihall be cancelled or de- 
 "ftroyed without being firft paid; or if the 
 " Confideration, or any Part of it, is paid in 
 " Goods ; or if any Part of the Confideration. 
 " is retained on Pretence of anfwering the fii- 
 
 ' ture Payments of the Annuity, or any other 
 " Pretence ; in all and every of the aforefaid 
 " Cafes, it ihall and may be lawful for the 
 f< Perfon, by whom the Annuity or Rent- 
 " charge is made payable, to apply to the 
 
 ' Court, in which any Aclion is brought for 
 *' Payment of the Annuity or Judgment en- 
 *' tered, by Motion, to (lay Proceedings on 
 " the Judgment or Aclion ; and if it ihall the Court 
 " appear to the Court that fucli Prances MSJSJdio 
 " aforefaid, or any of them, have been ufed, be cancelled, 
 '* it ihall and may be lawful for the Court to c * 
 <l order tuc.Deecl, Bond, luftrument, or other 
 
 ' : Affur- ' '
 
 tbelnroll- 
 
 The Clerks 
 Fees. 
 
 A TREATISE ON 
 
 " Affurance, to be cancelled, and theJudgmcnt, 
 " if any has been entered, to be \ 7 acated. 
 
 SECT. 5* " And be it further enaclcd, 
 " That a particular Roll fhall be provided and 
 " kept by the Clerks of the Inrollments in 
 " Chancery, or their Deputy, on which fuch 
 tl Memorials fhall be entered, and that every 
 "fuch Memorial ihall be duly inrolled in 
 " Order of Time, as the fame fhall be brought 
 "to the Office; and the faid Clerks of the 
 " Inrollments, or their Deputy, ihall fpecify 
 " upon the Roll the certain Day, Hour, and 
 " Time, on which fuch Memorial is brought 
 " to the Office, and fhall grant a Certificate 
 " of the Inrollment thereof when required ; 
 11 and that there fhall be paid for the Inroll- 
 " ment of every fuch Memorial the fum of 
 " One Shilling, and no more, in cafe the 
 " fame do not exceed Two hundred Words; 
 * but if fuch Memorial /hall exceed Two hmv- 
 " clred Words, then after the Rate and Pro- 
 " portion of Sixpence for every One hundred 
 ' Words, and the like Fees for every Certili- 
 " cate and Copy given ; and the Fee of One 
 '* Shilling for every Search in t]ie Office, and 
 "no more.
 
 THE LAW OF ANNUITIES. 527 
 
 SECT. 6. " And be it further enacied by AllContrafls 
 the Authority aforefaid, That all Contracts for thePur- 
 for the Purchafe of any Annuity with any nuities with" 
 
 " Perfon being; under the Age of Twenty-one an x 
 
 . under 21 
 
 ' Years, mall be and remain utterly void, YearsofAge, 
 ( any Attempt to confirm the fame, after to be void - 
 " fuch Perfon ihall have attained the Age of 
 ." Twenty-one Years, notwithstanding: And Any Perfon 
 
 "that if any Perfon fliall, either in Perfon, whofha11 
 
 7 procure or 
 
 ' by Letter, Agent, or otherwife howfoever, folicit any 
 
 " procure, engage, folicit, or aik any Perfon, 
 
 " being under the Age of Twenty-one Years Annuity, &c.- 
 
 (i to grant or attempt to grant any Annuity^ 
 
 fl or Rent-charge, or to execute any Bond, 
 
 V Deed, or other Inftrument, for fee u ring the 
 
 '' fame; or mall advance or procure, or treat 
 
 ' for any Money to be advanced to any Per- 
 
 ''fon under the Age of Twenty-one Years, 
 
 '* upon Confederation of any Annuity or Rent- 
 
 li charge to be fecured or granted by fuch In- 
 
 " fant, after he or ihe mall have attained his 
 
 *' or her Age of T\venty-one Years; or ihall 
 
 '* induce, folicit, or procure any Infant, upon 
 
 " any Treaty or Tranfaclion for Money ad- 
 
 " vanced, or to be advanced, to make Oath, 
 
 " or to give his or her Word of Honour or 
 
 " folemn Promife, that he or me \vill not 
 
 * plead Infancy, or make any other Defence 
 
 f< againil the Demand of any fuch Annuity
 
 28 A TREATISE ON 
 
 " or Rent-charge, or the Repayment of the 
 
 " Money advanced to him or her when under 
 
 *' Age ; or that when he or me comes of Age, 
 
 " he or /lie will confirm or ratify, or in any 
 
 " Way fubftantiate fuch Annuity or Rent- 
 
 ihall be pu- "charge; every fuch Perfon jfhall be guilty 
 
 Fine 6 o/Im- " f a Mifdemeanor, and being thereof law- 
 
 prifonment, f u u y convicted in any Court of Aflize, Oyer 
 &c* 
 
 " and Terminer, or General Gaol Delivery, 
 
 " mall and may be punimed for the faid 
 " Offence by Fine, Imprifonment, or other 
 " Corporal Puniihment, as the Court mall 
 " think fit to award. 
 
 Solicitors* SECT. 7. " And be it enacted by the Au- 
 &c.whofhall " thority aforefaid, That all and every So- 
 takemore licitors and Solicitor, Scriveners and Scri- 
 
 than los. per 
 
 lool. for '' vener, Brokers and Broker, and other Per- 
 Money ffr " fons or Perfon, who, from and after the 
 Annuities, ** paffing of this Acl, iliall a(k, demand, ac- 
 * ' cept, or receive, direcHy or indirectly, any 
 11 Sum or Sums of Money, or any other Kind 
 " of Gratuity or Reward, for the foliciting 
 " or procuring the Loan, and far the Broker- 
 4 ' age of any Money that mall be actually 
 *' and bona fide advanced and paid as and for 
 " the Price or Confid oration of any fuch An- 
 " nuity or Rent-charge, over and above the 
 " Sum of Ten Shillings for every One huri- 
 
 " drcd
 
 THE LAW OF ANNUITIES. 29 
 
 " dred Pounds fo actually and bona Jide ad- 
 " vanced and paid, mall be deemed and acl- 
 " judged guilty of a Mifdemeanor ; and be- (hail be pu- 
 
 " ino; lawfully convicted of fuch Offence in" 1 . 016 ' 113 / 
 
 ' * . Fine and Im- 
 
 :< any Court of Affize, Over and Terminer, or prifonment, 
 
 *' General Gaol Delivery, iliall and may, for 
 " every fuch Offence, be punilhed by Fine 
 " and Im prifonment, or One of them, at the 
 " Difcretion of the Court; and that the Per* 
 " fon or Perfons who iliall have paid or given 
 " any Sum or Sums of Money, Gratuity, or 
 " Reward, mall be deemed a competent Wit- 
 " nefs or Witnefles to prove the fame. 
 
 SECT. 8."^" And be it further enacted, CertainCafes 
 "That nothing in this Act contained iliall 
 "extend to any Annuity or Ren t- charge extend. 
 " given by Will or by Marriage-Settlement, 
 " or for the Advancement of a Child; nor 
 *' to any Annuity or Rent-charge fecured 
 " upon Lands of equal or greater annual 
 11 Value, whereof the Grantor was feized in, 
 ff Fee-fnnple or in Fee-tail in PolFeffion at the 
 " Time of the Grant, or fecured by the actual 
 " Transfer of Stock in any of the Public 
 " Funds, the Dividends whei'eof are of equal 
 " or greater annual Value than the faid An- 
 " nuity ; nor to any voluntary Annuity grant-- 
 " ed without Regard to pecuniary Confidera- 
 
 " tion;
 
 30 A TREATISE ON 
 
 " tion ; nor to any Annuity or Rent-charge 4 
 " granted "by any Body Corporate, or under 
 " any Authority or Truft created by Act of 
 
 " Parliament: nor to any Annuity where the 
 
 / i 
 
 ID " Sum to be paid does not exceed Ten Pounds 
 - annually, unlefs there be more than One 
 
 , f . J ' 
 
 fuch laft-mentioned Annuity from the fame 
 '* Grantor or Grantors, to or in Truft for the 
 
 ~&' T 
 
 " fame Perfon or Perfons." 
 
 How far the FROM the preamble of this Acl; it will appear, 
 th^JLegifla- that the fale of life-annuities was at the patting 
 ture has been o f t ne Aft very common, and that great fraud 
 was committed by thofe perfons who had the 
 negociating of the tranfaclion ; it is tlierefore 
 evident, that it was the intention of the Le- 
 giflature to check that pernicious practice, 
 which was much promoted on account of 
 its fecrecy; and therefore the Acl prefcribes 
 certain forms to be obferved for afcertaining 
 the real tranfaclion, and for the publicity of 
 the fame : fo far as that extends, the intention 
 of the Legiflature has been anfwered ; but it 
 has by no means had its effecl in checking the 
 pernicious practice of raiting money in this 
 deftruclive way; on the contrary, it is ob- 
 vious that the practice, inftead of being di- 
 minimed, has ever fince been much increafed, 
 a'nd that .by the pafling- of the Aft itfelf ; for' 
 
 the
 
 THE LAW OF ANNUITIES. 31 
 
 tile very mode of recording the tranfaclions 
 of the fale of annuities, at the fame time 
 that it fecures the grantor from fraud and 
 deceit, alike renders the fecurity of the gran- 
 tee more permanent and fecure: the party 
 now advancing his money in the purchafe of 
 annuities being enabled, in one view, to af- 
 certain what annuities the borrower may have 
 granted, and what property is afrecled by the 
 fame, which, before the palling of the A6t, 
 he was incapable of ascertaining. And al- 
 though the purchafers of annuities derive this 
 falutary advantage from the Aft, yet it does 
 not appear that it has had any weight with 
 them in increafing the value thereof; for 
 by comparing the examinations before the 
 Committee of the Houfe of Commons, when 
 the Act was under con fi deration, it will appear 
 that the market price then given for annu- 
 ities, under all the difadvantages at that time 
 exifting as to their fecurity, was not more than 
 equivalent to what they bear in the prefent 
 times, and that the charges of brokerage are, 
 notwithftanding the rigor of the Acl, uni- 
 formly the fame; and the expences of writ- 
 ings are, inftead of being diminifhed, much 
 increafed, owingin a great meafure to the great 
 weight of ftamp-duties, and more particularly 
 from the great caution generally obferved by 
 
 the
 
 5* A TREATISE ON 
 
 the profeftion in framing the fee-unties, by rea- 
 fon of the different queftions railed upon the 
 interpretations of the Act ; or, more frequent- 
 ly, for want of a thorough knowledge of the 
 fame, or their being unacquainted with fuch 
 tranlaftions. 
 
 HAVING now /hewn how far the evils 
 anting, previous to the palling of the Aft, 
 have been removed, let us now confider the 
 effeft of the different feftions of the Aft itfelf, 
 and the determinations of the courts thereon ; 
 in the courfe of which a few material obferva- 
 tions will be pointed out as they occafionally 
 occur. 
 
 Of the J\Icmorial to be Inrolled. 
 
 SECT. i. "That a Memorial of every Deed, 
 " Bond, Inftrument, or other Affurance, 
 " whereby any Annuity or Rent-charge ihall, 
 " from and after the palling of this Aft, be 
 " granted for one or more Life or Lives, or 
 " for any Term of Years, or greater lift ate, 
 " determinate on one or more Life or Lives, 
 11 ihall, within twenty Days of the Execution 
 "x>f fuch Deed, Bond, Inftrument, or other 
 " AlTuiance, be inrolled in the High Court 
 
 " of
 
 THE LAW OF ANNUITIES. S3 
 
 : * of Chancery; and that every fuch Memorial 
 :t mall contain the Day of trie Month, and 
 : ' the Year, when the Deed, Bond, Inftru- 
 ' f ment, or other Affurance, bears Date; and 
 " the Name of all the Parties, and for whom 
 ' c any of them are Truftees, and of all the 
 ' Witneffcs ; and fhall fet forth the annual 
 lf Sum or Sums to be pftiij^^nd the Name 
 c< of the Pcrfon or Perfons for whofe Life or 
 ' Lives the Annuity is granted, and the Con- 
 <c fideration or Conliderations of granting the 
 " fame; other wife every fuch Deed, Bond, In- 
 44 ftrument, or other Affurance, mall be null 
 " and void to all Intents and Purpofes." 
 
 Of the different Inftruments that require to be Confidera- 
 
 tions there- 
 memorialized, and of fet ting forth the Date oo. 
 
 of the Deeds, and Names of the Parties, 
 and the, Time of inr oiling the fame. 
 
 fi That a Memorial of every Deed, Bond, 
 (i Inftrument, or other Affurance, whereby 
 " any Annuity or Rent-charge Jhal I, from and 
 " after the paffing of this Act, be granted for 
 " One or more Life or Lives, or for any Term 
 " of Years, or greater EJlate, determinable on 
 1 ' One or more Life or Lives, Jhall, within twenty
 
 34 A TREATISE ON 
 
 " Days after the Execution of fuck Deed, Bond, 
 11 Inftrument, or other djjurance, be inrolled in 
 " the High Court of Chancery." 
 
 Of the time THIS part of the fec~tion firft points out, 
 thememo" 5 that a memorial of the different inftrumenrs 
 rial. given for fecuring the annuity ihall be in- 
 
 rolled within twenty days, which, in Evparte 
 Fallen <$ Wife *, was conftrued to be twenty 
 days exclufive of the day of the execution ; 
 fo that provided a deed for fecuring an an- 
 nuity is executed on the 6th of June, if the 
 fame is inrolled on the 26th, it Mill be fuffi- 
 cient. 
 
 The memo- THE feclion then goes on, and defcribes 
 a full abftraft what that memorial mail contain, which is 
 
 of thediffe- nothing more than a full abftracl of each and 
 
 rent iecu- 
 
 rities. every of the fecurities executed for fecuring 
 
 the annuity, and a ftrid adherence to the 
 different particulars therein enumerated ; 
 whereby the principal remedy which the Aft 
 had in view, namely, publicity of the whole 
 tranfaclion, is here attained. But in deter- 
 mining what are fuch particular inftruments 
 
 * 5 Term. Rep. 283. 
 
 .^ J * CA^.. /<&/
 
 THE LAW OF ANNUITIES. 35 
 
 as require to be fet forth, has occafioned much 
 confideration in the courts. 
 
 IN order, therefore, that the whole tranf- A bond given 
 action may appear upon record, and for that m y u ft beln- 
 purpofe that every inftrument given to fecure rolled, 
 an annuity mould be fet forth in the me- 
 morial, it hath been determined in Roflier v. 
 Hurdis *, that a bond given by a third perfon 
 to fecure the payment of an annuity mud be 
 inrolled, as well as the deeds made by the 
 grantor himfelf; for, in many cafes, the deeds 
 of the furety are the moft effectual fecurity. 
 It has likewife been fettled, both in the King's Alfo a war- 
 Bench and Common Pleas, in Hopkins v. tomey. 
 Waller f, and David fon v. Lord Foley , and 
 by Lord Thurlow in David/on v. Lord Foley , 
 that a warrant of attorney is fuch an affurance 
 as mould be fet forth in the memorial, al- 
 though the judgment entered up thereon is 
 not confidered as fuch, which is laid down 
 in Sherfon v. Oxlade ||, upon the ground that, 
 prefuming the memorial to have been made 
 immediately after the execution of the bond 
 
 * 5 Term. Rep. 678. f 4- Term. Rep. 463. 
 
 t z H. Black. 12. 3 Bro. Ch. Caf. 598. 
 
 || 4 Term. Rep. 824. 
 
 D 2 and
 
 36V A TREATISE ON 
 
 and warrant of attorney, the judgment could 
 
 not have been inferted. The warrant of at- 
 
 torney is the inftrument which gives the party 
 
 the power to enter up the judgment whenever 
 
 lie thinks proper, and which may he ufed at 
 
 Andajudg- any future period ; notwithstanding which, it 
 
 tered'up ore- * s advifable, provided judgment Ihould be 
 
 vious to the entered up before the memorial is inrolled, 
 
 ing inrolled. that the fame ihould be memorialized. Upon 
 
 Likewife tne fame principle likewife it is conceived, 
 
 furrenders of tna j- wnen the srantor covenants to furrender 
 
 copyhold 
 
 eftates, if a copyhold eftate for fecuring the annuity, 
 
 the wnicn * ne g' ra ntee may at any time call upon 
 memorial the grantor to perform, that the furrender 
 rolled." need not be memorialized , but as the grantee 
 feldom or ever relics upon the grantor's cove- 
 nant in this refpect, but generally infifts upon 
 the furrender being made at the time he pays 
 his purchafe-money, it leems in fuch cafe ad- 
 vifable to ftate the furrender in the memorial. 
 And again, where a tenant attorns to pay 
 rent under an annuity-deed, fuch attorn ment 
 Attornment mou ^ c ^ a ^ ^ e ^ et forth in the memorial. So 
 of tenants, where the truftees of money in the funds, the 
 powers ofat- dividends of which are affigned for fecuring 
 tomey to re- an annuity, execute a fenarate power of at- 
 
 ceive divi- . _ 
 
 dends, fhould tor ney to the purchaler to receive the lame, 
 
 beinfertedinf uch powcr fl lou id be inferted, thefe being 
 the memo- . . ' 
 
 rial. innruments given for fecuring the annuity, 
 
 and
 
 THE LAW OF ANNUITIES. 
 
 and ftipulated for by the grantee at the time 
 he contracted for the fame. But if thefe in- 
 ftruments arife in confequence of directions 
 given by the grantor in the annuity-deed, 
 and which are not carried into effect by the 
 parties until after a memorial is inrolled of 
 the fecurities already executed, the neceffity 
 of the inrolment thereof is here exempted, 
 by reafon that the fame could not be me- 
 morialized, as not having their exiftence at the 
 
 time. Upon the fame ground a fine cannot be . A 
 
 P .be memo- 
 
 memorialized, becaufe it is an affurance which rialized. 
 
 arifes upon a covenant contained in the deed, 
 and cannot be called a fine until it has pafled 
 the proper offices. From thefe general ob- Every Inftru- 
 
 c-,- i* mentthathas 
 
 lervations the Practitioner will oblerve, that all its effeft be- 
 
 inftruments which arife and have their eflfecl; fore . 1:1 } e . m . e " 
 
 monal is in- 
 
 at the time of completing the contract, or rolled,fhould 
 
 before the memorial is inrolled, however trivial b , e ln f erted 
 
 therein. 
 
 they may appear, mould not be omitted.; 
 
 But in memorializing the different inftruments Every inflru- 
 r . . , i , . ment to be 
 
 tor lecunng an annuity, it has been deter- f epar ately 
 
 mined in Van Braam v. Jfaac*, \vhen a bond memorializ- 
 and warrant of attorney were part of the fe- 
 curities for an annuity, and the fame were fet 
 forth in the memorial by way of recital in the 
 
 * i Bofanquet and Pullen's Rep. page 451. 
 
 D 3 deed,
 
 38 A TREATISE OX 
 
 deed, that the fame was not a fufficient com* 
 pliance with the Acl. 
 
 " And that every fitch Memorial jhall contain 
 " the Day of the Month, and the Year,' when 
 " the Deed, Bond, Iiiftntmcnt, or other Ajfur- 
 ' ance, bears Date.'' 
 
 The date of HAVING now ihewn what inftrument mould 
 
 every inftru- 
 
 ment to be be inrolled, the next point is, how this part 
 
 the f mcmo- of the feaion is to be complied with, which is 
 "al. jn itfelf fo clear, that little doubt can remain 
 
 as to its adherence. 
 
 HOWEVER, for the fake of perfpicuity, it 
 muft be obferved, that the date of every in- 
 ftrument, executed for fecuring the annuity, 
 muft be feparately Hated, and not a reference 
 from one to the other, as laid down by the 
 Court of Common Pleas in Dowps v. Park-' 
 hurft *, 
 
 " And the Name of all the Parties.'' 
 And the T HE names of all the parties, and their de^- 
 
 names ofau-.. < / i n 
 
 the parties, icnptions, as fet forth in every mitrument, 
 
 and their de- 
 
 fcriptions. . ._ 
 
 * 2 H. Black. 13. 
 
 muft
 
 THE LAW OF ANNUITIES. S9 
 
 muft be inferted in the memorial; although, 
 when there are feveral inftruments memo- 
 rialized where the fame parties are defcribed, 
 it is not neceflary to give their defcriptions 
 more fhan once. 
 
 Of fettlng forth the Trujts. 
 " And for whom any of them are Truftecs" 
 
 THIS part of the fecYion can certainly have AH the trufls 
 no reference to any truft but what appears tinftly fet " 
 upon the face of the annuity-deed, and which 
 is created as well for the purpofe, not only of 
 fecuring or enforcing the payment of the an- 
 nuity, but for the fatisfaction of the grantor. 
 Whatever trufls thofe are fhould be fully fet 
 forth, whereby the grantor may at any time, 
 by referring to the memorial, fee what power 
 the grantee has over his property, and in 
 what manner the annuity is to be raifed under 
 the trufts created by the deed ; fo that he may 
 fee whether the truftee at any time exceeds 
 the power fo veiled in him. This point was 
 firft determined in Dann on the Demife of 
 Dolman v. Dolman*, where the annuity was 
 
 * 6 Term. Rep. 645. 
 
 r> 4 fet
 
 40 A TREATISE ON 
 
 fet afide for two defe6ts in the memorial : 1ft. 
 
 Becauie the memorial only ftuted, that part 
 
 of the conficleratioti was paid by the grantee 
 
 It is not fuf- to the truftee " in tncft, and for the purposes 
 
 that certain " therein mentioned" without difclofmg thofc 
 
 premifes trufts. i2dly. Becaufe the memorial only fet 
 
 were con- 
 
 veyed " up- forth, that the demife was made by the gran- 
 
 on the trufts tor ^ Q a tm f tee u j )on t j ie trufts therein men- 
 therein men- 
 tioned." ' ' tioned, " without faying what the trufts were. 
 
 And where the truft of the deed is upon truft 
 to permit the grantor to receive the rents and 
 profits of the eftate until default in payment 
 ftating this is. very material ; for it fatisfies the 
 grantor, that while he pays the annuity within 
 a given time, he cannot be molefted in the 
 pofleffion of his eftate, as determined in Taylor 
 \. Johnfon*. 
 
 A memorial AND here it muft be obferved, that it fre- 
 
 ofany^ew 5 <l uen tly happens, after an annuity has been 
 
 deed, under granted, and a memorial thereof regularly 
 
 annuity is fe- inrolled, the parties, for fome caufe or other, 
 
 cured, muft f or fa c arrangement of the grantor's affairs, 
 
 inrolled. are called upon to join in fome general deed, 
 
 whereby the fecurity for the annuity is, in 
 
 fome ihape or other, altered by the creation 
 
 8 Term Rep. 184.
 
 THE LAW OF ANNUITIES. 4 1 
 
 of a new truft. In this cafe, then, it is ma- 
 terial that a memorial of fuck deed mould be 
 inrolled within the period of twenty days, 
 ftating the circum (lances, and particularly 
 the whole trufts: for this feclion declarins: 
 
 O 
 
 the annuity void, any omiflion in fuch cafe 
 might frequently he attended with the moft 
 ferious confequences; as, independent of the 
 annuity being fet afide, every a<5t done under 
 the authority of that deed would be illegal. 
 
 Of fetting forth the Witnejfis, and the annual 
 Sum or Sums to be paid, and for whofe Life 
 or Lives the Annuity is granted, and the 
 Confederation .for the fame. 
 
 11 And of all the fFitneffes." 
 
 IT is here intended that the witneffes to Thewitneffes 
 every deed, bond, inftrument, or other affur- to be fet forth 
 
 ance, mould be fet forth in the memorial, in the memo- 
 rial, 
 with their refpeclive defcriptions. 
 
 " And Jliall fet forth the annual Sum or Sums 
 " jo be paid." 
 
 THIS
 
 42 A TREATISE ON" 
 
 Any contin- THIS part of the feftion, upon the face of it, 
 gent annual appears plain, and, it mould feem, required 
 
 expences to , . 
 
 be fet forth no explanation whatever; nor does it appear 
 in the memo- t j iat matl y cafes have been determined by the 
 courts on its conftruftion : but it frequently 
 happens, that, independent of the annuity- 
 agreed to be paid, there are contingent an- 
 nual payments frequently covenanted to be 
 paid, arifing from various circumftances; 
 
 fuch, for inftance, upon grants of annuities 
 Allowance to ~ /i , i 
 
 a receiver to fecured upon eltates, when a receiver is ap- 
 
 be fet forth, pointed, and an annual allowance is ftipulated 
 
 . f to be mid or allowed him. And likewife 
 txtra inlur- 
 
 ance to be upon annuities granted for the lives of mili- 
 crantor muft tai 'v men or others, when there is a cove- 
 be fet forth, nant, that in cafe they mould leave the king- 
 dom, whereby the grantee mould be put to 
 any extraordinary expences in infuring the 
 life of the party, that fuch extra expences 
 mould be borne and paid by the grantor. 
 
 IN either of thefe and fimilar cafes, this 
 part of the tranfa6lion mould be ftated in 
 the memorial, as being an annual fum to 
 he paid, or liable to be paid, under which 
 the annuitant derived an additional benefit. 
 And this was determined in " Cummins v. 
 
 " Ifaac,
 
 THE LAW OF ANNUITIES. 43 
 
 *' Ifaac*," where an annuity was fet afide, 
 becaufe one of the trufts, viz. that in cafe 
 the grantor mould leave the kingdom he 
 mould pay any extra expence of the grantee 
 in infuring his life, was not ftated in the me- 
 morial; and likewife where it is made part of And likewife 
 the contract, that provided the grantor pays her f tnere . 
 
 . r . c l J is to be a di- 
 
 the annuity within a given time, that the minution in 
 grantee agreed to accept a diminution in the jj} c 
 annual payment. So alfo where a provifo is paidr 
 inferted in the deed, prohibiting the truftees And alfo a 
 under a fettlement from varying fecurities P!?? 1 / P ro " 
 
 Inciting 
 
 without the confent of the grantee, fuch truftees in 
 agreement mould be alfo ftated in the roe- f r0 mvarrine 
 morial. fecurities. 
 
 " And the Name of the Per/on or Per- 
 * l fons on whofe Life or Lives the Annuity is 
 ' ' granted. " 
 
 IT is impoffible any difficulty can occur in The names 
 ftating the names of the parties for whofe life w hofeHfe r 
 
 or lives the annuity is granted, except that the 
 
 , f. .. .is granted, 
 
 \vnen an annuity is granted for two lives and a ndiffor 
 the life of the furvivor: it being made " for ). lves . of th , e 
 
 -' larvivors, 
 
 : ' the life of the furvivor," is very material tomuft be 
 be ftated'-in the memorial. ftated ' 
 
 * 8 Term. Rep. 183. 
 
 of
 
 44 A TREATISE ON 
 
 tng the Consideration or Confederations, 
 
 " A nd the Conjideration or Conjiderations 
 
 tl of granting the fame." 
 
 f, 
 
 Notneceflary UPON the interpretation of this part of the 
 for the con- f e ftj on niimberlefs queftions have arifen, more 
 
 fideration to 
 
 be fet forth than upon any part of the Act It feems ap- 
 
 once Vre- P aren ^ from thefe words, that the fum of 
 
 ference being money paid by the grantee to the grantor 
 
 was the only confideration here to be ftated ; 
 
 but in what manner that confideration mould 
 
 be ftated has given rife to various determina- 
 
 tions. It has been decided, in Sounders v. 
 
 Hardingc Clerk *, that it is not neceffary to 
 
 fet forth the confideration of each inftru- 
 
 ment : it is fufficient, by a reference from one 
 
 to the other, that it appears they were all 
 
 An extraft executed for fecuring the fame annuity. The 
 
 thVconfi- memorial is a mere ftatement of the different 
 
 deration inftruments executed for fecuring the an- 
 
 from the 
 
 deed cannot nuity, and what appears upon the face or 
 
 be wrong, them, and which, if correctly ftated, cannot 
 
 be wrong, provided the fame are there fuffi- 
 
 5 Term. Rep. 12. 
 
 ciently
 
 THE LAW OF ANNUITIES. 45 
 
 ciently defcribed; and, therefore, in dating 
 the confideration, is here meant, the true con- 
 federation as fet forth in the deeds. But what 
 is confidered as a true confideration for an 
 annuity, and how the fame mould be Hated, 
 
 *> 7 
 
 will be more properly noticed in confidering 
 the third feclion of the Acl, under which the 
 confideration for an annuity is directed to be 
 fet forth in the deeds themfelves ; therefore 
 the fame cafes under which annuities have 
 been fet afide for defective memorials, fo far 
 as they refpeft the confiderations, are fufii- 
 cient grounds for fetting afide the deeds them- 
 felves, when the confideration is not there 
 fufficiently defcribed. What is here neceffary 
 to be obferved is, how the word " confidera- 
 " tions" has been conftrued by the courts, as 
 applying to the different parts of thofe in- 
 flruments, and as neceflary to be fet forth in 
 the memorial. 
 
 IT has been determined in Steadman v. Anagree- 
 Purchafe*, that an agreement indorfed upon l^'hafe Tn- 
 the deed for the re-purchafe of an annuity dorfed upon 
 ought to have been inferted in the memorial, beinfertedin 
 but as this mode is now in difufe, and in lieu memorial. 
 
 * 6 Term. Rep. 737. 
 
 4 thereof
 
 46 A TREATISE ON 
 
 thereof a claufe for redemption (if the annuity 
 is intended to be redeemed) is always inferted 
 in the deed. It was determined in Harris v. 
 
 And likewife Stcipkton *, that fuch claufe ono-ht likewife to 
 a claufe for . . ., . . . "r , TTT , 
 
 redemption have been inierted in the memorial, vv hatever, 
 
 in the deeds therefore, the effeft of fuch claufcs are muftbe 
 
 themfelves, 
 
 and the effeft fully fet forth; and, indeed, it is very evident 
 
 that claufes of this defcription are very ma- 
 terial part of the consideration, as being mueh 
 in favour of the grantor; ana, therefore, fuch 
 claufes, M'ith the exprefs terms on which that 
 redemption is to be made, is the moft ma- 
 terial information the grantor ought to ob- 
 tain upon infpeclion of the memorial; for 
 which reafon it was determined in Evparte 
 An fell $ Another f, that if a deed contains 
 a provifo that the grantor mall re-purchafe, 
 the memorial of fuch deed muft ftate that pro- 
 vifo, and the terms and conditions of fuch 
 redemption. If it only refer to the deed, 
 and ftate the annuity to be redeemable " on 
 "fuck notice, terms, and conditions, as are 
 11 therein evpre/ed," it does not fufficiently 
 comply with the Acl. 
 
 * 7 Term. Rep. 205. 
 
 f I Bofanquet & Pullens Rep. p. 26. 
 
 UPON
 
 THE LAW OF ANNUITIES. 47 
 
 UPON the fame principle, if there be a de- Adefeazance 
 feazance on the judgment contained in the ^^J^d 
 deed, which is ufual, this mould be likewife be ilated. 
 fet forth in the memorial, as it is of import- 
 ance for the grantor to kno\\ r , that until the 
 annuity is behind payment a certain period, 
 the judgment cannot be put in force againit 
 him. 
 
 THE only remaining point which appears Neither the 
 necefiary to confider under the conftruclion 
 
 of thefe words, is fettmg forth the agreement expenccs,nor 
 
 . . the expences 
 
 as to the expences attending the negociation, themfelvcs, 
 and the amount thereof. And here it niuft " e " ffar j to 
 
 be ftatcd. 
 
 be obfcrved, that this feems to be one of the ^. Whether 
 grand evils attending annuities, and that n< 
 which bears fo opprefiive upon the grantors; 
 and certainly was one which, no doubt, the 
 Legiflature had in view when the Acl was 
 palled, from whence fo much argument has 
 been urged by Air. Plow den in his treatife, to 
 ihew the neceffity of fetting forth the fame; 
 for it is evident that the expences, upon the 
 granting of an annuity, form no very incon- 
 fiderable part of the negociation. But it does 
 not appear that the courts have at any time 
 coniidered this as a neceflary part of the me- 
 morial, although the fame has been the fub- 
 jecl of much difcuffion. In the cafe of 
 
 " Fenner
 
 45 A TREATISE ON 
 
 *' Fcnner v. Evans*," although the cxpences 
 were made part of the grounds for fetting 
 afide the annuity, yet it was not a point even 
 confidered by the court, the annuity being 
 fet afide on the ground of a memorial not 
 being inrolled; it being an annuity granted 
 previous to the parting of the Ac~i on which a 
 fcire facias had been iflued. And in Kirhnaii 
 v. Price ^ although the expences were not 
 inferted in the memorial, the court did not 
 decide upon that head. The only cafe that 
 bore at all upon this point was in the Duke 
 of Bolt on v. Williams J, which, according to 
 Mr. Brozwfs report of that cafe, was becaufe 
 there was no evidence of an agreement- be- 
 tween the grantor and grantee, that the 
 grantor was to pay the grantee's agent for 
 preparing the writings ; and that, therefore, the 
 charge made by fuch agent was the debt of 
 the grantee: from whence it muft be con- 
 cluded, that had there been any evidence be- 
 fore the court that fuch was the agreement, 
 the cafe would have been materially different ; 
 and this feems to have been the ground upon 
 which Lord Kenyan, upon a fubfequent cafe, 
 
 * i Term. Rep. 267. f i H. Black. 309. 
 
 t 4Bro. C.C. 210. 
 
 iincf
 
 THE LAW OF ANNUITIES. 49 
 
 iince removed all doubts upon this head. 
 The cafe of Broomhe.ad v. Eyre *, in which 
 the expences were again urged as a ground 
 for fetting afide the annuity, hut which was 
 not adhered to hy the court. The foundation 
 of that decifion was under the fourth feet ion 
 of the Act, part of the confideration being 
 returned to the grantee. But the cafe which 
 leaves this queftion at reft is " Mouys v. 
 " Leake^;" where, among other things, it 
 appeared by the affidavits in fupport of the 
 rule for fetting afide tlie annuity, that though 
 the fum of 350/. was paid by the plaintiff, a 
 demand was made by the. plaintiff's attorney for 
 law-charges and procuration-fees, which the 
 defendant then paid out of the 350/. And in 
 the affidavit in anfwer to this application, it 
 appeared that it was originally agreed that the 
 defendant mould pay the expences of the 
 writings ; in confequence of which he had 
 paid \9l. \9s. to the plaintiff's attorney, after 
 receiving the whole confideration-money from 
 the plaintiff. Thefe fads not appearing upon 
 the face of the memorial, it was contended, on 
 the part of the defendant, that the annuity 
 
 : 
 
 * 5 Term. Rep. 597. 
 t 8 Tm. Rep. p. 4,,.
 
 50 A TREATISE 
 
 was void, becaufe the confideration was not. 
 truly ffatcd in the memorial; and, in fupport 
 thereof, the cafes before cited on this head 
 were relied upon. Lord Kenyan, after de- 
 livering his fentiments on the other objec- 
 tions there Hated, concludes thus: " And 
 " this brings me to the remaining queftion, 
 " which arifes on the Annuity A&, whether 
 " or not the confideration was truly fet forth 
 " in the memorial? The objection to this part 
 " of the cafe would be fortified by the various 
 " cafes alluded to, if they applied ; but I 
 " think that they are diftinguimable from the 
 " prefent cafe, for the reafon given by the 
 " plaintiff's Counfel, that here no part of the 
 " confideration-money was with-held from the 
 *' grantor. If any part of the confideration 
 ' be kept back, under whatever colour, or 
 1 if there be any improper concealment with 
 " the view of eluding the vigilance of thofe 
 ' who are to examine the tranfation, the 
 " whole is void. But here all the confidera- 
 !< tion-money was paid to the grantor, who, 
 ' being indebted to the perfon who drew the 
 writings for the expence of thofe writings* 
 under a previous agreement, immediately 
 paid the amount of the bill: it was a pay- 
 ment to his attorney under the previous 
 contract. There is nothing more unrea- 
 
 " fonable 
 
 11
 
 THE LAW OF ANNUITIES. 5t 
 
 *' fonable in this than in his paying any other 
 <l debt, after receiving the confideration for 
 " the annuity." And after giving his opinion 
 upon another objection to the memorial, which 
 will be hereafter noticed, his LordJhip con- 
 tinues: " On the whole, I cannot fay that 
 " there has been any improper concealment 
 " in the tranfaction : therefore I am glad to 
 " find that the judgment I am bound to give 
 ' ' coincides with my wifhes on this occafion, 
 " and that the law and juftice of the cafe 
 " meet in the fame point." 
 
 AFTER fo ftrong and pointed a decifion, it 
 appears clear that there is no neceffity for 
 either ftating the expences, or even the 
 agreement as to the fame ; notwithstanding 
 which, to preclude any poflibility of doubt 
 thereafter as to the agreement concerning the 
 expences, it certainly is advifable to ftate the 
 fame in the memorial; and as tranfaclions of 
 this kind are always viewed with a jealous 
 eye, and the party borrowing the money 
 having frequently other drawbacks than 
 the expence of the writings, which are 
 unknown to the purchafer or his Solicitor, 
 and which often leaves in the mind of the 
 borrower a more unfavourable impreffion of 
 the negociation than he otherwife would have, 
 Eg it
 
 5C A TREATISE ON 
 
 it is much to be recommended, that the. 
 amount of the Solicitor's bill (when it can 
 be afcertained, and which in moil cafes it 
 may), mould he inierted in the memorial, fo 
 that, upon infpe<5tion thereof, it may appear 
 what has been the real tranfacYioii, as be- 
 tween the grantor, and the grantee and his 
 Solicitor, and that nothing more than what 
 has been legal and fair has been paid for the 
 writings, which in molt cafes are of thein- 
 The utility felves unavoidably too heavy. And here it 
 
 bVin wring is to be lamented > n t only for the protec- 
 all convey- tion of thofe who have occafion to raife mo- 
 " ney by the fate of annuities, but of others, 
 who are frequently under the laih of a ra- 
 pacious Solicitor, that conveyancing-bills are 
 not alike made liable to taxation as bills for 
 law bufmefs, and that by a feparate reference 
 to a gentleman converfant in conveyancing, 
 who would not only regulate the charges, but 
 likewife ftrike off any fuperfluous conveyanc- 
 ing, which is often created merely with a view 
 of magnifying a bill.
 
 THE -LAW OF ANNUITIES. 
 
 Of inrolling a Memorial of Annuities granted 
 previous to the puffing of the Aft. 
 
 SECT. <2. "That before any Judgment (hall 
 
 " be entered of Record upon any Warrant of 
 
 " Attorney for recovering or fecuring the Pay- 
 
 ' nient of any Annuity or Rent-charge that 
 
 ' hath already been granted for One or more 
 
 " Life or Lives, or for any Term of Years or 
 
 "greater Eftate determinable upon One or 
 
 " more Life or Lives, and before any Execu- 
 
 ' tion mall be fued out, or Action brought on 
 
 ' any fuch Judgment already entered, or on 
 
 :c any Deed, Bond, Inftrument, or other Affiir- 
 
 '''" ance already executed for the Purpofes 
 
 " aforefaid, a like Memorial of the Deed, 
 
 " Bond, Inftrument, or other Affurance 
 
 " ihall be inrolled in the High Court of 
 
 " Chancery; and in cafe the Party fhall 
 
 " neglect to inrol the fame, any fuch 
 
 "Judgment, Execution, or Proceeding in 
 
 "the Afjlion refpcclively, ihall be null and 
 
 < ( void." 
 
 THIS
 
 54- A TREATISE ON 
 
 A memorial THIS fe&ion only dire&s the fame form of 
 ^es* 1 ^an'ted memoria l to ke inrolled of any annuity granted 
 previous to ,prior to the Act, before any legal proceedings 
 Inroufd!be- can ^ e nac * f r recovering the fame, 
 fore any proceedings thereon. 
 
 UP ON the conftruction of this feclion it 
 tha" requires nas ^ een determined, in " Feunor v. Evans*,'' 
 an annuity to that a fclrt facias to revive a judgment is an 
 
 be inrolled _. J . J . 
 
 which was action that required the annuity to be inrolled 
 granted pre- ^y^ich \^ been granted previous to the 
 
 vious to the 
 
 pafling of the of the Act. 
 
 Aft. 
 
 Of ft at ing the Conjideration in the different 
 Deeds or Inftruments executed for fecuring 
 an Annuity, and the Party paying the 
 fame. 
 
 ' SECT. 3. <( That in every Deed, Inftru- 
 " ment, or other Affurance, whereby any 
 " Annuity or Rent-charge ihall, from and 
 "after the paffing of this Aft, be granted, or 
 " attempted, to be granted, the Conjidera,tion 
 
 l Term. Rep. 267. 
 
 " realhi-
 
 THE LAW OF ANNUITIES. 5 
 
 " really and bonafide (which (hall be in Mo- 
 " ncy only), and alfo the Name or Names of 
 *' the Perfon or Perfons by whom, and orf 
 " whofe Behalf, the faid Confideration, or 
 "any Part thereof, lhall be advanced, lhall 
 " be fully and truly fet forth and clefcribed \\\ 
 " Words at Length ; and in cafe the fame 
 "mall not be fully and truly fet forth and 
 lc defcribed, every fuch Deed, Inurnment, or 
 " other AfTurance, mall be null and void to 
 " all Intents and Purpofes." 
 
 THIS feclion, which is the ground- work on The true 
 
 which a memorial is to be framed, and to con j fj el j t {or l 
 
 mtiftbellate4 
 
 which the fame refers, and mould more pron in 
 pcrly have been the firft feftion of the Aft, 
 is principally to be attended to; for 'if the the A 
 Itruclure be bad, the fuperftruclure muft fall 
 to the ground ; fo that the confideration 
 really and bona Jidc paid for the annuity is 
 alike as neceflaiy to be fet forth in the deeds 
 or inftruments for fecuring annuities as it 
 ihould be in the memorial: what, therefore, 
 has been deemed a good confideration, and 
 the manner in which the fame ihould be, 
 ihited in the different initruments, is here tq 
 {)e noticed.
 
 56 A TREATISE ON 
 
 <v Jriiichjhall be in Money only.''' 
 The money- - J N con f K i er i n o- thefe words, it fhoukl feeiii 
 
 confideration * 
 
 fpecified in as if an annuity could only be granted for a 
 J^ '^/pecuniary confideration, and that for money 
 able from actually paid by the grantee to the grantor; 
 jjut it has been determined in Wright v. 
 Reed*, that where the confideration was de- 
 fcribed as being paid in money, when it ap^ 
 
 confidereTas P earec ^ tnat tne fame was part paid in mo- 
 money, ney and part in Bank-notes, the fame was 
 properly defcribed : and in conftruing thefe 
 words by a reference to the fourth fecTtion, it 
 has been laid clown in Exparte Fallen $ 
 /F*/t'f, that the object of the Mi was to pre- 
 vent the payment in goods inflead of money, 
 which by that feclion is flrictly prohibited ; 
 and not to prohibit the granting of annuities 
 f<>r any other than money confiderations, but 
 merely to prevent impofitions being praclifed 
 upon riecefiitous people, by impofmg goods 
 and other things, which are of indifferent 
 
 * 3 Term. Rep. 554. 
 f 5 Term. Rep. ^83, 
 
 value,
 
 THE LAW OF ANNUITIES, 5; 
 
 value, as a legal confideration. Under this 
 view the courts have confidered that an 
 annuity may be granted for any other con- 
 fideration whatever, fuch as an antecedent An antece- 
 debt, or a judgment recovered, provided the ^ d c OJ J_ a 
 money is really and bona fde due to the federation, 
 parties thereon. This doctrine is laid down 
 by the Court of King's-Bench in Withy v. 
 fVoolley*, where the inurument for fecuring 
 the annuity dated, that the confideration for 
 granting the fame was, that the defendant 
 flood indebted to the plaintiff on three feveral 
 notes, under the hand of the defendant, then 
 payable, and bearing date refpeclively the 1ft 
 of January 1790, for principal and intereft, 
 the fum of 3651. 3s. And upon that ground 
 (among others) it was contended, that the 
 conlideration appeared to have been in notes, 
 and not in money, as required by this fedion ; 
 and that, at any rate, thofe notes ought to 
 have been fet forth, with the confideration 
 upon which they iifued : but the court were 
 of opinion that the Leghlature, in requiring 
 that the confideration of an annuity ihould 
 be in money, meant only in contradiltinftion 
 to goods; and they confidered any liquidated 
 
 7 Term. Rep. 540, 
 
 fum
 
 A TREATISE ON 
 
 liim due the fame as monies numbered. But 
 this queftion, in the fame term, afterwards 
 was fully determined in Keif v. Ambrqfle 
 Clerk *, where the fame objection was urged, 
 when it appeared that the consideration for 
 granting the annuity, which was 1400/. was 
 ftated in the deed to have been for fo much 
 money by the plaintiff's wife before her inter- 
 marriage with the plaintiff, lent and ad- 
 vanced, and alfo paid, laid out, and ex- 
 pended, to and for the maintenance, educa- 
 tion, and advancement in the world, of him 
 the defendant, and which the defendant is 
 thereby ftated to admit. Lord Kenyan, in 
 delivering his opinion on this cafe, in which 
 s tne other Judges concurred, fays " If there 
 opinion fa an y doubt, whether the consideration - 
 " money had or had not been paid, we would 
 " have directed an iffue to try that fact; but 
 " it appears, beyond all doubt, that money 
 " has been advanced by the plaintiff's wife, 
 . " to the ufe of the defendant, to a larger 
 " amount than the fum ftated as the coiir 
 " fideration of granting this annuity. Whe? 
 " ther we confider the words of the Acl of 
 " Parliament, or the decided cafes, I think 
 
 * Ibid. 551. 
 
 '' t^iere.
 
 THE LAW OF ANNUITIES. 69 
 
 '' there is no weight in either of the objec- 
 " tions taken to this annuity. In the cafe 
 l( Evparte Fallon we laid down a rule, which 
 " has fince been adopted in the Court of 
 " Common Pleas, that the confideration- 
 " money of an annuity need not be paid down 
 u in monies numbered at the time. In that 
 " cafe, we faid that one great object of the Le- 
 " giflature in pairing the A6t, was to prevent 
 (i goods being forced on neceffitous perfons 
 " inilead of money, at a price much beyond 
 "their real value: but the Legiflature did 
 " not intend to prohibit a debtor granting an 
 " annuity for a debt fairly and honeftly con- 
 " traded, which the debtor, perhaps, may 
 " have no means of paying but by granting 
 f< an annuity. In the prefent cafe, it appears 
 " that the annuity was granted for the bed 
 " of confideratious : the defendant, not hav- 
 ' ing the means of educating himfelf, but 
 " being defirous of being placed in a fituation 
 u in which he might gain an honourable 
 " livelihood, applied to the plaintiff's wife to 
 " advance money for the purpofe of his edu- 
 ' cation; me advanced 1900/. for that pur- 
 " pofe at different times, and afterwards con- 
 u fen ted to take an annuity as for a con- 
 ** fideration of 1400/. only; and when the 
 *' defendant gave inftructions for the annuity- 
 
 " deeds,
 
 60 A TREATISE ON 
 
 " deeds, he admitted that all this 'money had 
 " been advanced for him. Notwithltanding 
 * ' all this, it is now made a ferious queftion 
 "in a court of law, whether thcfe deeds are 
 " a good fecnrity for the annuity. I think it 
 " would be a reproach to the adminiftration 
 " of jultice to put a conftruclion on this Aft 
 " of Parliament Ib contrary to the intention 
 " of the Leg-iflature, as well as to common 
 " honcfty. In my opinion, the tranfaclion 
 " is fairly ftated in the memorial ; and, there- 
 " fore, the rule mult be difchargcd with 
 " colts/' 
 
 THEREFORE, whenever the consideration 
 for an annuity arifes upon any of the above 
 considerations, the lame mould be in like 
 manner ibt forth in the deed. 
 
 Bankers' BUT it- frequently happens, that upon the 
 
 cheques, bills . . , r 
 
 of exchange, 8' rantll \H' ^ Uli 'Annuity, the party pxtrcnanng 
 orpromlflbrythe fame is not at the inltant prepared to pay 
 
 notes, are . 
 
 ood con- the whole, or part of the coniideration-money. 
 ^derations at t j )e ^ t ^ fecurities are executed: in 
 
 jorannuities, 
 
 ^f paid when thefe cafes, he either gives a cheque upon a 
 banker, a bill of exchange, or a promiiVbry- 
 note; and, whenever that happens, the lame 
 are considered as good considerations, pro- 
 vided they are paid when due, agreeably to 
 1 the
 
 THE LAW OF ANNUITIES. oi 
 
 the fourth lection of the Act, and are alfo g ut 
 
 fully let forth in the different inftruments f uI1 7 fet forth 
 
 ...-.>". . . in the diffe- 
 
 executed for iecuring the annuity, 10 tnat it rent fecu- 
 may appear what was the true confideration, nties * 
 This point was laid down iu " Rum-bold v. 
 " Murray $ Others," where the confidera- 
 tion was itated to have been in money, when 
 it appeared that it was paid by a bankerV 
 cheque, and partly by a prom ivTory-note; and 
 that, therefore, the coniideration was not 
 diffidently fet forth; for, inftead of ftating 
 the payment to have been in money, the very 
 cheque and note ihould have been ilated, fo 
 that the court might fee whether any impo- 
 fition had been practifed upon the party. And 
 in Morris v. Wall'\ it was determined, that 
 
 if the confideration is paid in country bank- 9 ountr > p 
 
 y bank-notes 
 
 notes, the dates and times of payment ihould muilbeftated 
 be fet forth ; and where the confideration is ^^ pa - 
 paid by a banker's cheque, which is implied ^he fame 
 
 to be paid on demand, it mould be likewife with bankers' 
 
 I cheques. 
 ftated that the fame was really fo payable on 
 
 demand, as determined in " Berry \: Bentr- 
 
 * 3 Term. Rep. 298. 
 
 f I Bofanquet & Pullens, Rep. p. 208. 
 
 ley
 
 to! A TREATISE ON 
 
 *' /ey*, and afterwards confirmed in " Poole 
 " v. Cabancs $ Others^;" and the fame doc- 
 trine holds in fetting forth a judgment, as in 
 "Jacques v. Withy \" or any thing elfe 
 which is made the consideration for an an- 
 Ifa judgment nuity; fuch as the liquidation of any antece- 
 ^deration," dent debt ^ ue fr m the grantor to the grantee, 
 the fame or even from a third perfon to the grantee, 
 ftated. which the grantor had agreed to adjuft by 
 the granting of the annuity, and which may 
 form the whole or part of the confideration 
 for granting the fame: fo that, from thefe 
 decifions, it is clear that an annuity may be 
 granted for any fair and valuable confidera- 
 tion. 
 
 WHATEVER agreements, therefore, the 
 courts have conftrued to be confiderations, 
 and as fuch necefTary to be inferted in a me- 
 morial, the fame mould, as the foundation 
 for fuch memorial, be inferted in the deeds ; 
 and although it has been determined that the 
 agreement for the expences, or the expences 
 themfelves, need not be fet forth in the me- 
 
 * 6 Term. Rep. 690. 
 t 8 Term. Rep. 328. 
 J i Term. Rep. 557. 
 
 morial,
 
 THE LAW OF ANNUITIES. 63 
 
 morial, yet, upon the principles before laid 
 down *, the whole agreement made upon the 
 contract for the annuity, and forming part 
 of the confideration, mould be ftated. 
 
 IT is not only neceffary to ftate the The con- 
 confideration in the grant of the annuity it- muftbeftated 
 felf, but likewiie in every deed or inftrument in ever / 
 executed for fecuring the fame, in the con- 
 ilruclion of which it was fettled, in " Hodges 
 " v. Moneyt," that the confideration for an 
 annuity need not appear in a warrant of at- but not the 
 
 , r , i , i j , , /.warrant of 
 
 torney; for that the bond, the warrant of attorney 
 attorney, and the judgment, taken together, 
 only conftitute one affurance, and that the 
 At of Parliament was fatisficd by inferting 
 the confideration in any part of this one 
 affurance, namely, the bond. And that if A leafe for a 
 an aifurance for an annuity confifted of a^ 
 
 leafe and releafe, a fine, or other deeds, it not ftate the 
 would not be neceffary to infert the con- tio n n 
 fideration in the leafe, or the fine, but it 
 would be fufficient if it appeared in the 
 affurance, whether conftituted of one or of 
 feveral deeds. 
 
 * Ante, p. 51. 
 
 f 4 Term. Rep, 500. 
 
 "And
 
 64- A TREATISE ON 
 
 <c And alfo the Name or Names of the 
 " fon or Perfons by whom, and on who ft Be- 
 " half, the faid Confideration, or any Part 
 " thereof, frail be advanced, Jhall be fully and 
 " truly fet forth in Words at Length." 
 
 The name of IN the conftruclion of this part of the feclion 
 
 the perfon ^ a pp ears that whenever the confideration- 
 
 who pays the 
 
 confideration money is paid by an Attorney or Agent for 
 
 the tne P ar ty advancing the fame, the name and 
 
 deeds. defcription of fuch Attorney or Agent muft 
 
 l>e fet forth in words at length, and that in 
 every deed or inltrument executed for fecuring 
 the annuity, in the fame manner as the con- 
 fideration or confiderations is directed to be 
 fet forth. This was firft laid clown by Lord 
 Loughborough in " the Duke of Bolton v. 
 4 ' Williams *, " and afterwards decided in 
 " Dalmcr v. Barnard^," and " Glajfe v. 
 11 Mount ^f and the fame has been ever 
 fince uniformly adhered to by all the courts. 
 This determination is grounded upon the 
 principle, that the names of all the parties 
 appearing in the negociation may be dif- 
 
 * 2 Vez.Jun. 154. 
 t 7 Term. Rep. 248. % Ibid. 390. 
 
 clofed.
 
 THE LAW OF ANNUITIES. 65 
 
 clofed, to whom application might at any 
 time afterwards be made for a difclofure of 
 the true tranfaclion, if the deeds and memo- 1 
 rials did not fufficiently difclofe the fame, 
 which was the great aim the Legiflatufe had 
 in view; and, therefore, in " Vaux v. An- 
 "fell*," it was held, that where a memorial 
 ftated that the confideration-money was paid 
 to A. R. and C. " fome or one of them," the 
 fame was bad, although it appeared that the 
 money was paid on the very day on which 
 the deed was executed by them all: in which 
 the court obferved, that as the payment ap- 
 peared to have been made on the fame day 
 only, and not at the fame time when the deed 
 was executed by all the parties ; it could not 
 be prefumed that they were all prefent at the 
 time of payment. 
 
 Of returning or retaining any Part of the 
 Confederation, or Payment thereof in Notes 
 or Goods. 
 
 SECT. 4. " That if any Part of the Confi* 
 " deration mall be returned to the Party ad- 
 
 * 1 Bofanquet and Fallen's Rep. page 224.. 
 
 F " vancing
 
 A TREATISE ON 
 
 " vancing the fame; or, in cafe the Confidera- 
 ' tion, or any Part of it, is paid in Notes, if 
 "wiy of the Notes, with the Privity and Con- 
 "' fent of the Party advancing the fame, fhall 
 (t not be paid when due, Or fhall be cancelled 
 " ordeftroyed without being flrft paid ; or if the 
 " Confideration, or any Part of it, is paid in 
 " Goods ; or if any Part of the Confideration 
 " is retained on Pretence of anfwering the fu- 
 " tare Payments of the Annuity, or on any 
 " other Pretence ; in all and every of the afore- 
 :< faid Cafes, it fJiall and may be lawful for the 
 " Perfon, by whom the Annuity or Rent- 
 " charge is made payable, to apply to the 
 " Court, in which any Action is brought for 
 " Payment of the Annuity or Judgment en- 
 " /creel, by Motion, to ftay Proceedings on 
 " the Judgment or Action ; and if it ihall 
 " appear to the Court that fuch Practices as 
 " aforefaid, or any of them, have been ufed, 
 " it-fliall and may be lawful for the Court to 
 
 y 
 
 '* order the Deed, Bond, Invtrilmerit, or other 
 " Affurance, to be cancelled, and theJudgment 
 ".if any has been entered, to be vacated." 
 
 THIS fecYioii, which will be more properly 
 eoniidered together, appears to have in view 
 two principal evils which exifted at the time 
 of pafiing -of the Act : the one was a deten- 
 
 tion
 
 THE LAW OF ANNUITIES. 67 
 
 tfon from the original confideration-money 
 under various fictitious prefences, whereby, 
 although it appeared upon the face of the fe- 
 curities that the whole confideration was paid, 
 yet upon inveftigation it frequently turned out 
 that the fame was in a great degree nomi- 
 nal ; the other was palming goods upon ne- 
 ceflitous men at an ideal or inadequate value. 
 In the conftru&ion of that part of the feclion Commiffion 
 which applies to retaining any part of l^*Jio^ofLi 
 confideration-money, it has been determined annuity for 
 in " Broomheadv. Eyre*," where it appeared themone^, is 
 that floodgate, for whom and on whofe be- a Detention 
 half Broomhcad purchafed, had been paid Ad. 
 com million for procuring the money on the 
 annuity: that this was a retention on the part 
 of the purchafer, and within the meaning of 
 the A6fc, as being inconfiftent for a man to 
 charge commiffion for putting out his own 
 money. In which cafe it likewife appeared, 
 that Woodgate was paid for the writings ; but 
 the court did not deem the annuity invalid 
 upon that ground, but only on the ground of 
 the commiffion. It is therefore to be in- ^ Whether 
 
 the payment 
 
 ferred, that when a Solicitor purchales an of the fair 
 annuity himfelf, and the grantor is to pay ^fwridng, 
 
 the expence of the writings, and he pays thofe to the gran- 
 tee, who is a 
 
 ~' - - " < " - --" -" ' '"' u " Solicitor, is 2 
 
 * Ante, p. 49, retention? 
 
 F 2 ex-
 
 u'8 A TREATISE ON 
 
 expeiices to inch a grantee after receiving 
 the confulcration-money, it will not be con- 
 fidered as a retention of the confideration, 
 anil therefore will not invalidate the annuity; 
 for there can be no more fraud in this cafe, 
 than where the expences are paid to any other 
 Solicitor under a previous agreement; for the 
 retentions implied by the Act can only refer to 
 fuch as are made under falfe pretences, as 
 expreifed by the fubfequent part of the lec- 
 tion: fuch, for inftance, as retaining- any part 
 of the money for the purpofe of anfwering the 
 future payments of the annuity, which is ex- 
 Thepayment p re f s ly prohibited by this fection. But if the 
 
 ofajuftdebt 1 J 
 
 due to the grantor was indebted to the grantee in a fum 
 fhe^raruor" ^ money bomifide due previous to the grant- 
 has received ing of the annuity, and after receiving the 
 ation money" ^ no ^ e OJ tne purchafe-money difcharges this 
 cannot be j u ft debt, it cannot be confidered as a reten- 
 
 confidered a . . , . , 
 
 retention, tioii. witiiiii the Act; and as Lord Kenyan ex- 
 prefTed .himfelf in "Moiiys v. Leake *," where, 
 ipeaking of the payment of the Solicitor's 
 bill, he faid ;> There is nothing more un- 
 ' ; reafonable in this, than, in his paying any 
 " other debt after receiving the confideration- 
 " money for the annuity/' 
 
 - 
 
 ' .Ante, p. 49. 
 
 THE
 
 THE LAW OF ANNUITIES. 9 
 
 THE goods which are exprefsly prohibited ^ debt nnte- 
 by this fedion from being made the 'con-fir .cedemlv due 
 
 . . for (*oods is a. 
 
 deration for an annuity, extend only to valid conil- 
 goods being made the immediate conlidera- dcra , uon ,' buj : 
 
 & goods them- 
 
 tion; and not to invalidate an annuity ielves bought 
 granted in confideration of a debt pra- are not. 
 
 vioufly contracted for, provided fuch con- 
 tract was ftriclly legal, and not originally 
 entered into with a view to any fucli tranfac- 
 tion. In this light did the Court of King's 
 Bench confider this point in " Shore v. 
 " Webb*" where the confideration for the 
 annuity was made up, part in money, and 
 part .for a debt antecedently due from the 
 defendant for goods fold by the plaintiff. 
 The annuity was there fet afide, becaufe 
 the memorial did not exprefs the confidera- 
 tion as being fo paid, but let forth the 
 whole as being paid in caih, and not becaufe 
 part of the confideration arofe upon a debt 
 due for goods ; which, by analogy, has fmce 
 been fettled in-" Withy v. Woolley^" and 
 < Kelfc v. Ambroffe Clerk :f," 
 
 * i Term. Rep. 732. 
 -j- Ante, p. 57. I Ibid, 
 
 F 3 THIS
 
 TO A TREATISE ON 
 
 Notes-are THIS fecYion likewife appears to fanclion 
 
 I i 
 
 the P Aa to^be w ^ at nas ^ ecn ^ a '^ down in considering that 
 
 a good con- part of the third fe&ion as relates to the pay- 
 fideration. ~ . r , .. 
 
 ment or the comideration-money for annuities 
 
 in notes, as it declares the annuities void 
 only where the confideration is paid in notes, 
 and thofe notes, with the privity and con-- 
 fent of the perfon advancing the fame, iha.ll 
 not be paid when due, or ihall be cancelled 
 or deftroyed without being firft paid. This, 
 then, prefumes cafes where notes are given 
 which are never intended to be paid : but 
 fuppofing a bill of exchange, accepted by a 
 third perfon, is given to the grantor of an 
 annuity as part of the confideration, and the 
 fame is not paid by the acceptor when due, 
 but which, after due notice thereof to the 
 grantee, is paid by him; this, furely, muft be 
 confulered a fufficient payment within the 
 A61? for othenvife, by mere accident, or 
 through connivance between the grantor and 
 acceptor, the grantee might be deprived of 
 his annuity. 
 
 payments )3 UT although confi derations for annuities 
 
 otherwife 
 
 than in mo- are deemed legal when paid in notes, yet 
 
 "Sab!? ad ~ fucJl a P ra & ice is bv no means advifable to be 
 purfued; nor does it bear with it the molt 
 fair appearance; for although a grantee of 
 
 an
 
 THE LAW OF ANNUITIES. 71 
 
 an annuity, who is in urgent want of money, 
 might, rather than break off a negociation, 
 conient to the payment of the confideration 
 in notes inftead of money, it is more than 
 probable that he may be put to fome incon- 
 venience, and molt likely expence, by turning 
 the fame afterwards into money; therefore, 
 whenever fuch payments are made from real 
 necetiity, the grantee mould always allow to 
 the grantor the difcount upon the notes, and 
 fj ftate the fame in letting forth the confidera- 
 tion in the deeds. 
 
 THE latter part of this feclion relates to the 
 jurdifdi&ion of the courts, which will be here- 
 after feparately treated upon. 
 
 Of the Manner, and Fees paid, on inrolling the 
 Memorial. 
 
 SECT. 5." That a particular Roll mall be 
 {: provided and kept by the Clerks of the In- 
 " rollments in Chancery, or their Deputy, on, 
 " which fuch Memorials lhall be entered, and 
 * ' that every fuch Memorial lhall be duly in* 
 " rolled in Order of Time, as the fame {hall be 
 " brought to the Office; and the faid Clerks of 
 1 ' the Inrollments, <or their Deputy, fbaJUfpecify 
 
 F 4
 
 72 A TREATISE ON 
 
 " upon the Roll the certain Day, Hour, and 
 " Time, on which fuch Memorial is brought 
 " to the Office, and fhall grant a Certificate 
 " of the Inrollment thereof when required; 
 " and that there fhall be paid for the Inroll- 
 " ment of every fuch Memorial the fum of 
 " One Shilling, and no more, in caie the 
 " fame do not exceed Two hundred Words ; 
 " but if fuch Memorial fhall exceed Two hun- 
 <( dred Words, then after the Rate and Pro- 
 *' portion of Sixpence for every One hundred 
 " Words, and the like Fees for every Certifi- 
 11 cate and Copy given ; and the Fee of One 
 " Shilling for every Search in the -Office, and 
 *' no more." 
 
 The utility T HE ro \\ w hich is ordered to be kept by this 
 kept at the fection has certainly the mod beneficial effect, 
 
 Inrollment- as j^y t j ie ex pofure of the tranfaclion men are 
 office. 
 
 frequently deterred from railing money upon 
 
 annuities ; and, on the other hand, it protects 
 thofe who purchafe, by exhibiting in one view 
 the extent of a man's incumbranres, the 
 names of thofe who are the purchafcrs, and 
 the precedence thereof; to declare which, ac- 
 cording to' the Bill originally brought into the 
 Houfe, was intended to have formed a fe- 
 parate fection ; and by a reference from iuch 
 roll to the memorial itfdf, the whole trauf- 
 
 aclion,
 
 THE LAW OF ANNUITIES. 
 
 action, as directed to be fet forth by the Act, 
 
 may be there feen. But as every deed, if pre- The deeds 
 
 pared according to the directions and in- 
 
 terpretations of the third fection, muft fet t 
 forth every thing that is directed to be clif- 
 clofed by the memorial. It feems totally un- Aninrol- 
 neceilary that the Legiflature fliould have di- 
 
 reeled any memorial whatever to be inrolled, be more pre- 
 when, by an inrolment of the deeds them- 
 felves, every inftrtiment which had been 
 executed by the parties would appear ver- 
 batim, as fuch, more beneficial, and attended 
 with a faving of at leaft one half of the 
 expence. 
 
 THE certificate to be granted by the Clerk The certifi- 
 
 /, , , ., . ,. . , - . cateof inrol- 
 
 or the Inrollments is merely a latisfaction to men tnoevi- 
 the parties, as it mews that a memorial of the d f. n "f an 
 
 r efteaual one. 
 
 fecurities has been inrolled; and therefore it 
 ihoulcl always be obtained : but this does not 
 prove that the fame has been effectually in- 
 rolled within the meaning of the Act ; nor 
 would the certificate be even admitted in a 
 court, of law as evidence of fuch hirolineiit, 
 if necellury to be proved, which is the con- 
 traiy practice with deeds regiltered in Middle- 
 fcx or Yorkihire. The only way, therefore, 
 by which annuity-deeds are proved to be duly iio\v proved. 
 inrolled, is by producing the original me- 
 
 morial,
 
 74 A TREATISE ON 
 
 morial, or an office-copy thereof, examined 
 by the party -who is to produce the fame. 
 
 THE expcnce attending the inrolment the 
 feciion fo clearly points out, that it requires 
 no obfervations whatever. 
 
 Of Contracts made u'ith Infants. 
 
 SECT. 6. " That all Contrad* for the 
 
 " Purchafe of any Annuity with any Per- 
 
 " fon being under the Age of Twenty-one 
 
 " Years, ihall be and remain utterly void, 
 
 " any Attempt to confirm the fame, after 
 
 " fuch Perfon ihail have attained the Age of 
 
 " Twenty-one Yeary, notwithstanding: And 
 
 "that if any Perfon ihall, either in Perfon, 
 
 " by Letter, Agent, or otherwife howfoever, 
 
 ? ( procure, engage, folicit, or afk any Perfon, 
 
 ".being under the Age of Twenty-one Years 
 
 " to grant or attempt to grant any Annuity 
 
 .*' or Rent-charge, or to execute any Bond, 
 
 *' Deed, or other Inftrument, for fecuring the 
 
 " fam; or iliall advance or procure, or treat 
 
 " for any Money to be advanced to any Per- 
 
 " fon under the Age of Twenty-one Years, 
 
 41 upon Coniidcration of any Annuity or Rent- 
 
 - 4< charge to be fecured or granted by fuch In- 
 
 1 " faut,
 
 THE LAW OF ANNUITIES. 
 
 " fant, after he or me mall have attained his 
 " or her Age of Twenty-one Years; or mall 
 *' induce, folicit, or procure any Infant, upon 
 " any Treaty or Tranfaction. for Money ad- 
 " vanced, or to be advanced, to rnake Oath, 
 " or to give his or her Word of Honour or 
 " folemn Promife, that he or /lie will not 
 <c plead Infancy, or make any other Defence 
 " again ft the Demand of any fuch Annuity 
 " or Rent-charge, or the Repayment of the 
 ' ' Money advanced to him or her when under 
 " Age ; or that when he or fhe comes of Age, 
 " he or me will confirm or ratify, or in any 
 *' Way fubflantiate fuch Annuity or Rent- 
 " charge ; every fuch Perfon ihall be guilty 
 " of a Mifdemeanor, and being thereof law- 
 l( fully convicted in any Court of Aflize, Oyer 
 " and Terminer, or General Gaol Delivery, 
 " ihall and may be punifhed for the faid 
 " Offence b^r Fine, Imprifonment, or other 
 " Corporal Punifinnent, as the Court mail 
 u think fit to award." 
 
 Tiiisfeelion is one of the principal abufesNo profecu. 
 the Legiflature intended to prevent; 
 
 very explanatory is the fame, and decifive in ciaring with 
 its confequences, that we find no perfon has 
 yet been hardy enough to infringe it ; for it 
 not only avoids the iecurities, but even the 
 
 con-
 
 76 A TREATISE ON 
 
 contracts ; ib that, provided a fum of money 
 was paid to an infant, attended with any of 
 the circumftances ftated in the fection, the 
 fame can never be recovered back; and it 
 likevvife fubjects the party advancing the 
 money, or the agent foliciting the fame, to 
 the rigor of criminal juftice. 
 
 Of the Brokerage allowed. 
 
 SECT. 7. " That all and every Solid- 
 "tors and Solicitor, Scriveners and Scri- 
 " vener, Brokers and Broker, and all other 
 " Perfons or Perfon, who, from and after the 
 lc paffing of this Aft, mall afk, demand, ac- 
 " cept, or receive, directly or indirectly, any 
 " Sum or Sums of Money, or any other Kind 
 ft of Gratuity or Reward, for the foliciting 
 " or procuring the Loan, arid for the Broker- 
 "' age of any Money that matt be actually 
 '' and bonafidc advanced and paid as and for 
 ' the Price or Consideration of any fuch An- 
 ' nuity or Rent-charge, over and above the 
 " Sum of Ten Sliillings for every One him- 
 " dred Pounds ib actually and bvna Jide ad- 
 " vanced and paid, ihall be deemed and ad- 
 judged guilty of a Mifdemeanor; and be- 
 " ing lawfully convicted of fuch Offence in 
 : ' any Court of Aflize, Oyei* and Termiiuer; -01* 
 
 " General
 
 THE tAW OF ANNUITIES. 77 
 
 ic General Gaol Delivery, mall and may, for 
 " every fuch Offence, be puiiiflied by Fine 
 " and Impriibnment, or One of them, at the 
 " Difcretion of the Court; and that the Per- 
 " fon or Perfons who mall have paid or given 
 <c any Sum or Sums of Money, Gratuity, or 
 " Reward, mall be deemed a competent Wit- 
 <{ nefs'or Witneffes to prove the fame." 
 
 To prevent impofition upon neceffitous Fiv per 
 people, who have occafion to raife money 
 
 annuities, was the principal view in patting by Brokers 
 the Act, and not to prohibit the. traffic itfelf, IOJ% 
 when conducted fairly and uprightly ; but 
 when we reflect how often this feel ion is 
 infringed, and that with impunity, we can- 
 not wonder that the negotiations attending 
 annuities have fo much the difcountenance of 
 the courts; for it is too well known, and too ' 
 much to be regretted, that Brokers, inftead 
 of taking 10,?. per cent, for procuring money 
 on annuities in general, take 5 1. And the 
 cafe of ' ' the King v. Gilluun *, " appears to be 
 the only profecution under the A61, in which, 
 although the defendant was convicled, it docs 
 not appear that he ever received judgment. 
 Indeed, when we coniider the fecrecy with 
 
 * 6 Term, Rep. 265. 
 
 which
 
 7ft A TREATISE Ott 
 
 which brokerage is paid, it remaining prin- 
 cipally within the knowledge of the grantor, 
 and that a difclofure on his part would more 
 expofe himfelf than the Broker, who avow- 
 edly infringes the A&, we mall ceafe at once 
 to be furprized. 
 
 Auftioneers AND it is here to be noticed, that Auctioneers 
 
 felling annu- . .,...,,._. 
 
 ities by pub- are alike within the controul of this lection as 
 hc . auftlon or others, for taking; more than 10s. percent. 
 
 private con- r 
 
 tra<a within for the fale of annuities, provided the fame 
 cf^Acl 7 are i mme ^iate grants from the parties, whe- 
 ther fold by public auction or private con- 
 tract; and if they are granted to a third 
 perfon for the exprefs purpofe of falc, fuch 
 an annuity cannot poffibly be good, as it 
 would at once militate againft every principle 
 of the A&. 
 
 But the pe- BUT in viewing this feclion, it is conceived 
 
 nalty of the . ^ . . . 
 
 Act confined tnat a Broker negociating an annuity cora- 
 
 to fuch annu- p,.j m i w i t hi n t h e exemptions of the eighth 
 
 ities only as * . " 
 
 are fubjected fedion, is not within the meaning of the Act; 
 
 themo * for Judge Buller, in " Crifpigny v. Winter- 
 11 noon *," (which was determined to be an an- 
 nuity that came under one of the exceptions 
 of the Ad) was of opinion, that the Legifla- 
 ture did not intend to prohibit Brokers from 
 
 Term, Rep. 793, 
 
 taking
 
 THE LAW OF ANNUITIES. 
 
 taking premiums in fuch cafes; and although 
 that cafe refpe6ied an annuity granted in con- 
 fideration of a man's relinquiming a bufinels, 
 yet the fame doclrine, by analogy, muft ex- 
 tend to every annuity that comes within the 
 exceptions of the Acl. For in confidering 
 this feclion minutely, it will appear that it 
 only extends to fuch annuities as are before 
 directed to be inrolled ; and as thofe an- 
 nuities which are hereafter excepted by the 
 A6t, are excepted on the ground that thofe 
 who could grant the fame, by having an ab- 
 folute controul over their property, were not 
 fubject to fuch impofitions as thofe Avho had 
 no other reiburce in railing money than by 
 a life-annuity. The fame exemption will 
 therefore, by analogy, hold as to the money 
 paid for commiflion upon the fale of any fuch 
 annuity. 
 
 : BUT in a country like this, where the priii- Benefits that 
 cipal part of the property, particularly among 
 
 the higher orders, is entailed or fettled for the premium 
 
 * ., "" f, i r- to Brokers, 
 
 lamily-purpoles, and where tew men, uncon- 
 nected with trade, have any other refburce 
 than this mode of negociation, it afluredly 
 would be more beneficial to the community 
 at large, if this penal part of the A 61 was 
 either totally expunged, or amended, by ad- 
 
 mitting
 
 A THEATISE OK 
 
 iftitting of a greater per centage in fuch ne- 
 gociations, by which men of refpe&ability 
 would engage in fuch ti anfaclions ; for while 
 people a6t in defiance of a pofitive law, they 
 feldom meafure the quantum of criminality. 
 If, therefore, men of integrity were induced 
 to negociate annuities by the allowance of a 
 fair and le^al remuneration for their trouble, 
 
 ^j 
 
 the fame would in general be conducted with 
 candour and uprightnefs ; and as this would 
 be a great inducement for people to purchafc 
 annuities, it would confequently add to the 
 value thereof; for there are few men porTeffed 
 of character who will engage in tranfactions, 
 by which they are daily expofed to the lafh of 
 a criminal profecution. To this evil, then, 
 m uft be afcribed the caufe that negociations 
 of this nature are branded with fuch igno- 
 miny, and that annuities bear fuch a great 
 difproportionate value to every other fpecies 
 of property ; all which will be found, in the 
 refult, mod univerfally detrimental both to 
 the borrower and the lender. 
 
 Of the Annuities exccpttd by the AEt. 
 
 SECT. 8. " That nothing in this Act con- 
 
 ' tained mail extend to any Annuity or Rent- 
 
 5 " charge
 
 f rifi LAw OF ANNUITIES. si 
 
 *' charge given by Will or by Marriage-Settle- 
 " ment, or for the Advancement of a Child; 
 11 nor to any Annuity or Rent-charge fecured 
 " upon Lands of equal or greater annual 
 " Value, whereof the Grantor was feized in 
 *' Fee-fimple or in Fee-tail in PorTeffion at the 
 " Time of the Grant, or fecured by the actual 
 li Transfer of Stock in any of the Public 
 " Funds, the Dividends whereof are of equal 
 " or greater annual Value than the faid An- 
 " nuity ; nor to any voluntary Annuity grant- 
 ' ed without Regard to pecuniary Conlrdera- 
 ' tion ; nor to any Annuity or Rent-charge 
 " granted by any Body Corporate, or under 
 " any Authority or Truft created by Aft of 
 " Parliament; nor to any Annuity where the 
 " Sum to be paid does not exceed Ten Pounds 
 " annually, unlefs there be more than One 
 " fu-ch laft-mentioned Annuity from the fame 
 ' ' Grantor or Grantors, to or in Truft for the 
 ({ fame Perfon or Perfons." 
 
 By the exceptions contained in this fee- what annu- 
 tion it will appear, that all annuities not ceptedbythe 
 created for the purpofe of railing money, and Act. 
 even thofe where they are fecured upon free- 
 hold eftates of equal or greater annual value 
 than the annuity, where the party is feized in 
 fee, or in tail, or upon flock transferred where 
 the
 
 82 A TREATISE ON 
 
 the dividends are equal or greater than the 
 annuity, are not required to be inrolled. 
 
 THE principle upon which the major part of 
 which they thefe exemptions are founded, is conceiving 
 areexceptcd. ^^ ^ Q parties having fuch a controul over 
 the different fpecies of property there enume- 
 rated, they are not liable to fuch impofitions 
 and oppreffions as thofe who have no other 
 mode of procuring money: but in many 
 inftances, and particularly in the prefent 
 preffure of the times, when money cannot 
 be obtained upon mortgage, the parties who 
 are neceffitated to raife the fame by an an- 
 nuity, are alike liable to the fame, and, if 
 pomble, more impofitions, than others; for 
 whatever fraud is committed, cannot be con- 
 trouled by the fummary and falutary pro- 
 vifions of the A61; and the only reiburce open 
 to an injured party, is the circuitous relief 
 of a court of equity. 
 
 Aneilatein UPON the conftru&ion of this feftion it 
 thoughmort- has been determined by Lord Thurlow, in 
 gaged for its;. Shrapnel v. Vernon*," that an eftate in 
 
 whole value, 
 
 is within the fee, or in tail, where the party is feized in law 
 exception. of e q u j t y ? though mortgaged for its whole 
 
 * z Bro, C. 268. 
 
 value
 
 THE LAW OF ANNUITIES. 83 
 
 value, is within the exception of the A6t; 
 but his Lordihip there obferved, that he did 
 not fee why 'thefe annuities mould not be 
 rcgiftered, as well in fuch cafes as in a lefs 
 eftate. 
 
 So in Hal fay v. Hates, Bart, and Another*, So an annuity 
 where it appeared that A. who was tenant for fer^joint" 
 life, with remainder to truftees, &c. remainder power, when 
 to his firil and other fons in tail, remainder to had the dif- 
 
 himfelf in fee, fuffered. together with B. his pofition of 
 
 the fee, held 
 only ion, a recovery, and declared the uies to be within 
 
 to fuch perfon and for fuch eftate, &c. as thev l ! ie exce P" 
 
 f . . . " tloiu 
 
 fliould jointly appoint : they jointly granted 
 
 an annuity, and appointed and granted the 
 lands to C. for a term of years in truft for the 
 grantee. It was held, that this cafe came 
 within the exception of the Annuity Acl ; and 
 Lord Kenyan, in deciding that cafe, faid 
 " We muft confider what is the fair meaning 
 " of the Aft. I think the objed of the Le- 
 11 giflature was to prevent perfons, who had 
 11 no marketable eilates, making improvident 
 " bargains in granting annuities, but they 
 " thought that a perfon, who could bring a 
 .*' real fecurity to market, was not fubject to 
 
 \* 7 Term. Rep. 194. 
 
 G 2 <c fuch
 
 84 A TREATISE ON 
 
 " fuch impofitions; and therefore they pro- 
 " vided by tlie laft claufe, that the A61 mould 
 " not extend to any annuity fecurecl by lands 
 " of equal or greater annual value, whereof 
 te the grantor was feized in fee-fimple or fee- 
 " tail. Now, what eftate had the grantors 
 " of this annuity ? They had the power over 
 "the fee-fimple; and it feeins as if Lord 
 " Thurlow thought, in the cafe of "Shrapnel 
 i( v. Vernon*," that fuch a cafe came within. 
 " the exception of the A 61. The grantors 
 " had the controul over the eftate; they went 
 " to market with a good title, and were not 
 " in the fituations of peifons who are in- 
 " duced, from the imbicility of their title, 
 *' to grant an annuity to a difad vantage, and 
 " the conveyance which they executed was 
 " competent to charge a real eftate. I there- 
 ' fore think that this cafe came within the 
 " fair meaning of the exception in the A6t 
 " of Parliament ; and that this determina- 
 ' t tion will not let in any of the inconveni- 
 u encies again (I which the Legiflature in- 
 " tended to guard." 
 
 * Ante, p. 82.
 
 THE LAW OF ANNUITIES. 85 
 
 BUT, among thefe exceptions, copyhold Copyhold 
 
 eftates of inheritance are not included, al- eftates not 
 
 excepted. 
 
 though they cannot, in refpeci to the free 
 difpofition the party has over the property, be 
 diftinguiihed from freehold : nor are leafehold Nor are 
 
 1 f V> 1 A 
 
 eftates, where the party has an abfolute in- e 
 tereft,' and over which there is the like con- 
 troul. 
 
 IT has been fettled in " Crefpigny v. An annuity 
 " IVinternoon*" that an annuity granted 
 
 in confideration of giving up a bufmefs, was of giving up 
 fuch a one as did not require inrolment; and confldere(1 as 
 
 it was there laid down, that all annuities a voluntary 
 
 , . one, and 
 
 granted for any other than a pecuniary con- therefore 
 
 fideration mould be confidered to be volun- wi 
 
 exception. 
 tary, and therefore within the meaning or 
 
 the fection. And in Hntton v. Lewis "\ it 
 was held, that where an annuity was granted 
 in confideration of the grantee's refigning his 
 fituation as mafter of an academy in favour 
 of the grantor, it need not be regiftered, even 
 though, at the time of the grant, the grantee 
 agreed to aflign over to the grantor his houfe- 
 hold furniture, &c. at an appraifed value, and 
 
 * Ante, p. 78. 
 
 f 5 Term. Rep. 639. 
 
 Q 3 tO
 
 8ff A TREATISE ON 
 
 to lend a fum of money to the grantor, to be 
 But if the repaid with intereft. But when the conli- 
 mZieyisptrt deration is of two-fold, fuch as the relinquim- 
 of the confi- men t of a bufinefs and payment of a fum of 
 
 mail be in- money befides, in fuch cafe a memorial muft 
 rolled. be 
 
 Annuities ANNUITIES that do not exceed IOL per 
 
 not exceed- , . r c . . . 
 
 ing io/. per annum, by this lection require no mrolment. 
 annum, need B(lt jf j t moll ]d appear, that to avoid the 
 
 not he ill- 
 
 rolled, .vith-ftatute, more than one are granted to, or in 
 
 thaVonebe tlu ^ ^ O1 ' ^ le ^ ame grantee, a memorial thereof 
 grant-d to, muft. be inrolled, otherwife the fame will be 
 
 ori i truflfor, - i 
 the fame V01cl - 
 grantee. 
 
 Affignment UNDER this head it muft be obferved, that 
 
 do notVe 1 * 8 wnere an annuity has been granted and duly 
 
 quire inrol- inrolled, an affignment of fuch an annuity, 
 
 although not exprefsty exempted by the Aci, 
 
 yet by implication does not require inrolment, 
 
 the obje6t of the Acl being to protect the 
 
 grantor ; and provided his intereft is taken 
 
 care of, it was all that the Act had in view 1 . 
 
 This point was laid down ii} " Dlwn v. 
 
 '" Birch ; Toyte *," and afterwards fully cleter- 
 
 * H. Black. 30?. 
 
 mined
 
 THE LAW OF ANNUITIES. 87 
 
 mined by the Court of King's Bench, in 
 " Bromley v. Greathead* : ," where Lord Ken- 
 yon faid, " that neither the words nor the 
 " fpirit of the A61 required it." 
 
 * Manufcr ipt Cafe in Mr. Hunt's zd Edit. p. 45. 
 
 4 CHAP,
 
 8S A TREATISE ON 
 
 CHAP. IIJ, 
 
 Of the Jurifdiction of the Courts, and of the 
 Applications made thereto for Jetting ajide 
 Annuities,. 
 
 The court's JnLAVING heretofore pointed out the dif- 
 ferent fee-lions of the Acl, with the conftruc- 
 tion of the courts thereon, it is now to be 
 confidered what is the effect of not com- 
 plying therewith, the modes to be adopted 
 therein, and who can take advantage thereof, 
 either under the authority of the A6r, or by 
 virtue of the courts' original Jurifdiction, 
 
 The fourth THE fourth feclion is the only one in the 
 
 jurifdttion 3 Aa which 8' ives the courts a jurifdiaion ; 
 in certain but that is confined to applications made by 
 
 f f* j ll / 
 
 cafes. tne grantor of the annuity only ; and that in 
 
 particular cafes, " when the confideration 
 
 ' ihall be returned to the perfon advancing 
 
 ' the fame, or if any part of it is paid in 
 
 " notes,
 
 THE LAW OF ANNUITIES. 89 
 
 *' notes, if any of the notes, with the privity 
 " or confent of the perfon advancing the 
 li fame, mall not be paid when due, or fhall 
 *' be cancelled or deftroyed without being 
 " firft paid, or if the confideration or any 
 " part of it is paid in goods, or if any part 
 ft of the confideration is retained on pretence 
 se of anfwering the future payment of the 
 " annuity, or on any other pretence." If, 
 therefore, any of thefe practices have been 
 ufed, the courts will, under the authority of 
 this fe6lion, order the deeds to be cancelled, 
 &c. But this jurifdiclion is confined to thofe 
 courts in which any aclion is brought for pay- 
 ment of the annuity, or judgment entered, 
 fb that until an action hath been brought, 
 or a judgment entered, the court cannot, 
 under this fe&ion, entertain the application ; 
 and even then, the fame is confined to the Thofe appli- 
 grantor of the annuity, as was decided in ^J n t !. c J 
 Garrood v. Sanders*, where the court re- grantor only, 
 fufed the application, becaufe the fame was 
 made at the inftance of an affignee of leife- 
 hold premifes upon which th,e annuity was 
 fecured ; and the fame doctrine was after- 
 
 * 6 Term- Rep. 404. 
 
 wards
 
 90 A TREATISE ON 
 
 wards confirmed in " O/born v. Craven* ; 
 but although the court's jurifdiclion is here 
 
 When a war- confined, yet wherever there is a warrant 
 of attorney accompanying the fecurity for 
 
 part of the an annuity, which it generally does, the 
 
 Courts^have courts have, in that cafe, fuch an original 
 
 an original jurifdiclion, that, upon an application of the 
 
 jurifditfion, ' . 
 
 by flaying P art y, they will entertain any queition anting 
 
 proceedings, w ithin any of the feelions of the Aa, for the 
 
 but cannot *. 
 
 order the purpoies or (laying proceedings thereon ; 
 deeds to be ^^ under that original jurifdiclion they can- 
 to be can- not order the deeds to be cancelled. This 
 * elled * point was fettled in " Exparte Chefter^" 
 and afterwards in "Thurkill v. JVallace^:" 
 and Lord Loughbovaugh, in the " Duke of 
 Bo/ton y. JFilliams^'' fpeaking of the court's 
 jurifdiclion, faid, the courts of common law, 
 which will, upon their original jurifdiclion, 
 enter, into the validity of the warrant- of attor- 
 ney, or judgment upon motion in the parti- 
 cular application under the Acl, will only fet 
 aiide the judgment or execution, or vacate 
 the warrant of attorney ; but the jurifdiclion 
 
 * Manufcript EafterTerm, 38 Geo-3. B.R. 
 
 f 4 Term. Rep. 694. 
 
 $ 4 Term. Rep. 695. 
 
 $ 4 Bro. Ch. Caf, 310. 2 Vcz. Jun'. 154.
 
 THE LAW OF ANNUITIES. 91 
 
 does not extend to ordering the bond to be 
 
 v^ 
 
 delivered up, and if ever done, it lias been 
 done inadvertently. And in ' ' Symonds 8$ ux 
 v. Cobouren*," it was fettled, that they could 
 not order an annuity bond to be delivered 
 up to be cancelled, for want of a memorial 
 purfuant to the Act, though it be void ; but 
 they might flay proceedings. And, indeed, 
 no further is their jurifdiclion necefiary ; for 
 the Act itfelf, if not ftriclly complied with, 
 declares the fecurities void, and no ufe what- 
 ever can be made of fuch inftruments. And An 7 perfon 
 
 , . . , . - rr o. mterefted 
 
 even under the courts original jurmliction m ay apply t< 
 they have, in " Saunders v. Hardinse t", th ? C0u 1 rt ' s 
 
 original 
 
 enteitained an application made by a judg-jurifdidion, 
 
 ment creditor, for the purpofe of fetting afide 
 
 an annuity on a defective memorial, with a 
 
 view of letting in a fubfequent judgment of 
 
 his own. But although the application is The courts 
 
 confined to the grantor under the fourth fee- ^o&^to 
 
 tion, vet the courts are e.r officlo bound to take ta k notice 
 
 . ' . , of an annuity 
 
 notice or an annuity void by the Act ; and, vo id 
 therefore, in an ejectment brought to re- theAft - 
 cover the pofferTion of lands by an aflignee of 
 Jeafehold premifes, which were in the pof- 
 
 * i Bofq. &Pullen, p. 482. 
 f Ante, p. 44.
 
 92 A TREATISE ON 
 
 fefiion of an annuitant under a previous 
 ejectment, the memorial of which annuity 
 appeared to be defective, although fuch 
 aflignee could not apply to the court under 
 
 the fourth feclion, to have the annuity fet 
 
 t * 
 
 afide; yet the court, upon the trial of fuch 
 ejectment, would be bound to take notice of 
 the fame, and confidcr the fecurities abfo- 
 hiiely void, and not merely voidable. The 
 fecurities being thus made abfolutely void, 
 a ftranger may take advantage of any irre- 
 gularity ; and therefore, where a fieri facias 
 ilfued again ft a perfon in poifeiTion of goods, 
 under a deed given (inter alici) in confidera- 
 tion of an annuity, it was holdcn that the 
 fheriff, having notice that the annuity was 
 not regiftered, was juftified in returning 
 vulla bona, as determined in " Cro/ley v. 
 drlaengMt*," and " Sauuders \. JIardingc'\.^ 
 The courts rj ut j n re g arc { ^ o the fuinmary applications, 
 
 aftde annul- the courts, as confideriiig themfelves not 
 STey^have ^ oun( ^ K v an y t:afcs but thofe arifing under 
 before pafTed the fourth fcction, and as having a power of 
 
 in rem judi- . r -^ 11 /! i 
 
 f/ar. exercinng an equitable junldiction, have, m 
 
 order to prevent frivolous queftions from re- 
 
 * 2 Term. Rep. 603. 
 | Ante, p. 44. 
 
 main in ar
 
 THE LAW OF ANNUITIES. 9$ 
 
 main ing for ever in terror em over the parties, 
 prefcribecl, that whenever the matter has 
 paffed in rem jud'icateii^ the parties iliall he 
 bound by their own laches. The firft cafe 
 which was decided upon that head, was the 
 cafe of Buck v. Tyte *, " where, upon an 
 action being* brought by the executors of a 
 teftator on a bond given for payment of an 
 annuity ; and upon a plea of mm eft faclum, 
 they obtained a verdict and judgment, and 
 levied execution thereon ; the court refufed 
 to fet afide the annuity afterwards, upon 
 a fummary application for a defect in the 
 memorial, under their general jurifdiction, 
 becaufe the party might, by his plea to the 
 action, have then taken advantage of fuch de- 
 fect. And Lord Kenyan, in fpeaking of the 
 court's jurifdiction under the fourth fection, 
 " faid, that the Act only meant to refer to fuch 
 " judgment or warrant of attorney as were 
 " intended to be part of the fecurity for the 
 " annuity, and not to extend to cafes where 
 " a judgment is obtained in the ordinary 
 " courfe of law on any inftrument given for 
 " fecur ing the fame." And, on the authority 
 of this cafe, the point was afterwards more 
 
 * 7 Term, Rep. 495,
 
 A TREATISE OlSf 
 
 fully determined in " JVitlty v. JVoottey*,* 
 which was an application made to fet afide an 
 annuity ; but it appearing that an ejectment 
 had been brought to recover poffeffion of lands 
 extended under an Elegit upon a judgment 
 confeffed, which had been entered upon a war- 
 rant of attorney given for fecuring an annuity; 
 the court held, that it was then too late 
 for the grantor to object to the confideration 
 of fuch annuity upon a fummary application 
 for ftaying proceedings after verdict in fuch 
 ejectment, becaufe he had an opportunity of 
 making his defence to the action ; and Lord 
 'Kenyan, in delivering his opinion, in which 
 thereon. the whole court agreed, faid, " No fufficient 
 " anfwer has been given to the objection 
 " which prevailed in the cafe of " Buck v. 
 " Tyte~\," that this application ought to 
 " have been made fooner. It is a cafe of 
 " confiderable vexation to the plaintiff. The 
 " judgment by confeffion in the firft in- 
 " fiance, -which was by way of fecurity, con- 
 .'" eludes nothing between the parties, fo far 
 <c as they were acting together, and the de- 
 '* fendant "was afterwards at liberty to im- 
 
 * Ante, p. 69. f 7 Term Rep. 49;. 
 
 " peach
 
 THE LAW OF ANNUITIES. 
 
 '* peach the tranfadion. But fo foon as the 
 ' proceedings became adverfe, then the de- 
 " fendant ought to have made his Hand. I 
 " do not mean to fay that his not doing 
 tl fo then operates as a legal eftoppei. to him 
 '* afterwards : but, if unexplained, it is a 
 " reafonable ground for the court to act 
 " upon, in refufmg to entertain a fummary 
 <c jurifdiclion upon his complaint. I am 
 " ready to admit the defendant's excufe in 
 " not appearing to the fcire facias, and con- 
 " tefting the matter then. The practice of 
 <c two fcire facias being equivalent to a fcire 
 "fed, is not fo commendable as to hold a 
 " party bound by fuch a proceeding in this 
 " cafe : but no reafon has been affigned why 
 c * the defendant did not make his ftand upon 
 " the ejectment. It is enough to fay that he 
 '* has been guilty of laches in not doing fo, 
 " without exactly drawing the line how foon 
 *' he ought to have applied to this court. 
 tc We ought not to fuffer a party to go on in 
 " a courfe of fruitlefs litigation, to the great 
 " expence and vexation of his opponent : 
 " but zchere there is an objection to the pro- 
 " ceedings in litnine, he ought to apply in a 
 " reafonable time to flay the proceedings. 
 " The ground of our decifion in this cafe Is 
 
 " the
 
 96 A TREATISE ON 
 
 " the acquiefcence of the defendant under a 
 " judicial proceeding." 
 
 What pro- So that, on the authority of this cafe, when- 
 
 ceedings had , ,. 
 
 will bar an ever the party has taken any legal proceedings 
 application. a g a inft the grantor of an annuity for pay- 
 ment thereof, either by commencing an ac- 
 tion upon the annuity -bond, or upon the 
 covenant for payment thereof, or reviving a 
 judgment by fcirefeci, or brought an eject- 
 ment to obtain poffeffion of lands charged 
 with an annuity : to all of which proceedings 
 the grantor might have made a ftand, and 
 ihewn any objection that might have exifted 
 againft the validity of the annuity; in fuch, 
 and the like cafes, it is an eftoppel to any 
 application being afterwards made for fetting 
 afide the fame. 
 
 The courts ON the fame principle it was determined, 
 SainVfc- in " Great head v. Bromky*," that when, 
 
 cond appli- upon a fuinmary application to fet afide an 
 cation when . /. ,. ., ., . . r , 
 
 the fame has annuit; y ^ or non-compliance with the requiiites 
 
 been before O f t h e Act. the rule was difcharged upon dif- 
 
 difcuffed. . 
 
 cuflion or the merits, the court will not en- 
 tertain a fimilar application between the fame 
 
 * 7 Term. Rep. 455, 
 
 parties
 
 THE LAW OF ANNUITIES. 
 
 parties on the fame ftate of facts, though 
 grounded upon a new objection to the an- 
 nuity, which was not before urged or con- 
 fidered; and Lord Kenyan then faid "The 
 " Act of Parliament gives a fummary jurif- 
 " diction to the court, which is to be exer- 
 " cifed according to found legal difcretion ; 
 " and we cannot govern our difcretion better 
 " than by analogy to the proceedings at com- 
 " mon law. Now, if any action be brought, 
 * { and the merits of the queftion difcuffed be- 
 " tween the parties, and a final judgment 
 " obtained by either, the parties are con- 
 " eluded, and cannot canvafs the fame quef- 
 " tion again in another action; although, 
 " perhaps, fome objection or argument might 
 '* have been urged upon the firft trial which 
 " would have led to a different judgment. 
 ' ' So here, as it appears that all the facts now 
 " brought forward in the affidavits in fupport 
 '* of the rule exifted at the time of the former 
 /c rule, and every objection which can now 
 lt be urged might then have been brought 
 " forward, the matter muft now be taken to 
 " have paifed irr rem jitdicatura, and the 
 :t former decifiou is concluliye between th^ 
 
 "parties." 
 
 > 
 
 H IT
 
 98 A TREATISE ON 
 
 Nor upon a ^ T was Hkewife laid down in the cafe of 
 reprefenta- Poole v. Cabones & Others*," that where 
 
 tion of rafts, . -11 
 
 hich could the grantor of an annuity pays, without ob- 
 
 w 
 
 onlybean- j c tj ori) during the life-time of the perfon 
 the grantee's who negociated the bufinefs for the grantee, 
 ^ e court w ^ not permit the grantor to apply 
 to fet afide the annuity-deeds, on a repre- 
 fentation of fa6ts that could only have been 
 anfwered by fuch agent for the grantee. 
 
 Butnolapfe BUT no lapfe of time will be a bar to an 
 
 fclfwHltea a ppli cat i n upon an apparent defect in the 
 
 bar to an memorial; for both the King's Bench and 
 
 Common Pleas, in " Van Braam v. Ifaac\" 
 
 where an apparent defect appeared on the me- 
 
 morial, faid, in that cafe they could not re~ 
 
 fufe to interfere, on the ground of eighteen 
 
 years having elapfed fince the grant, although 
 
 the grantee was dead. 
 
 The courts NOR will the courts invalidate an annuity 
 aftdean an- for a mere clerical miftake; for in " Ince v. 
 
 nuity for a 
 clerical mif- 
 
 take. . : _. 
 
 * Ante, p. 62. 
 f Ante, p. 37. 
 
 " Everard,"
 
 THE LAW OF ANNUITIES. 99 
 
 " where the inemorial ftated an 
 alignment of a term for 61 years, inftead 
 of a term of 62; and likewife, where the 
 conficleration of lOs. paid by a truftee was 
 omitted, or that the annuity was payable for 
 a portion of time from the laft quarterly day 
 to the death of the annuitant, the court re- 
 
 fufed to let afide the annuity. 
 
 } 
 
 BUT although courts of law cannot en- 
 tertain an application to fet afide an an- 
 nuity upon a defective memorial, except when 
 their own procefs is part of the fecurity, it 
 lias been determined, that a court of equity 
 can exercife its jurifdiclion upon any cafe 
 ariling within the Acl upon a bill being filed. 
 This point was determined in the cafe of 
 Bromley v. Holland 'f ;" (for which the Author 
 is indebted to Mr. Vtzey.) The bill was there 
 filed to fet afide an annuity which had been 
 afligned to Holland, upon certain objections 
 to the memorial, which had been the fubjecl 
 of two applications to the Court of King's 
 Bench J; and ILkewife upon a frefh ground, 
 
 6 Term. Rep. 545. 
 
 f At the Rolls 4th July, 1800. 
 
 I Greathead v. Bromley, ante, 87. 
 
 U that
 
 loo A TREATISE ON 
 
 that the claufc of redemption was not ftatecl 
 in the memorial. As to the firft, the court 
 would not take them into confideration. The 
 principal point was, whether the Court of 
 Equity had any jurifdi&ion? The Mailer of 
 the Rolls inclined very much agamftit; but 
 being preifed with the decree made by 
 Lord Loughborough in Brlce v. Potter*, and 
 Brlce v. frlrian-f, where his Lordmip, upon 
 objections to the memorials, made decrees 
 for fetting alide the annuities, which were 
 fecured by demifes for 99 years, upon the 
 ground that he muft remove the incumbrancc 
 upon the eftate. His Honour made the de- 
 cree fetting afide the annuity ; but upon the 
 plaintiffs conduct, would not carry the ac- 
 count between the parties further back than 
 the filing of the bill. The Matter of the 
 Rolls obferved, " that in future, fmce the 
 " decifion at law upon this fubjecl, cer- 
 <(i tahily every grantee of an annuity will fct 
 " out the whole deed in the memorial." 
 
 - 
 
 * Manu. EafterTerm 1800. 
 f Maa. Hilary Term 1 800. 
 
 
 *J 13
 
 THE LAW OF ANNUITIES. 101 
 
 Of recovering back the Confideration when 
 the Annuity is fet a fide. 
 
 BUT mould the courts, under any of the If the an- 
 feetions in the Act declare the annuit void 
 
 on account of any informality, it is fettled grantee may 
 
 11 1-0- , recover back 
 
 that the party has a right to his action agamit theconftdeia- 
 the grantor, to recover back the confideration- tlon 
 money paid for the annuity. This principle 
 was firft eftablimed in " itftvce v. WM*^ 
 which was a cafe referred for the opinion of 
 the court, where it appeared an annuity was 
 fet afide for a formal defect in the memorial, 
 hecaufe part of the confideration appearing to 
 be for a debt due from the defendant to the 
 plaintiff, for goods previoufly fold, and which 
 was not fpecified in the memorial as rc- 
 giftered, and the refidue in cafh ; upon which 
 the plaintiff brought an action againlt the 
 defendant, to recover back the whole money 
 
 
 
 paid for the annuity, and declared for goods 
 Ibid and delivered, and money had and re- 
 ceived; and the court was of opinion, that as 
 the annuity was not fet afide for any fraud in 
 the tranlaction, but merely from a miilake or 
 
 * Ante, p. 69. 
 
 H 3 omiffion
 
 10:2 A TREATISE ON 
 
 omillion in form, it became unconfcientious in 
 the party to retain it, and was therefore re- 
 coverable on the count for money had and 
 received to the plaintiff's ufe ; and, as fuch, 
 the plaintiff was entitled to recover his whole 
 demand. 
 
 But cannot NOTWITHSTANDING the principal may be 
 
 be recovered * 
 
 from one recovered from the party to whom the money 
 was advanced, yet it has been held that the 
 fame cannot be recovered from one who was 
 known to be only a furety for the grantor, and 
 had not received the money ; that was de- 
 termined in Stratton v. Recall and Ano- 
 ther *, on the ground, that no implied pror 
 mife could be raifed againil the furety, no 
 part of the confi deration having been paid 
 to him, or applied to his ufe, and that he 
 merely lent his name as a fecurity for the 
 payment of the annuity, which failed by the 
 act of tjie grantee. 
 
 j} UT j n mo ft ca fe s when an annuity is fet 
 
 adopted in . nf , 
 
 fuch cafes, afide, the parties, if they are in a llttiation to 
 pay the money advanced, generally content 
 to a reference to the Mailer, to compute 
 
 * z Term. Rep. 366. 
 
 what
 
 THE LAW OF ANNUITIES. 103 
 
 what is due for principal and legal intereft ; 
 in taking of which account, the practice is to 
 allow the principal, with 5 per cent, intereft ; 
 the grantee accounting for the money which 
 has been received upon the annuity. This 
 mode is certainly the moil fummary, as it 
 faves the parties the trouble and expence of 
 an action, which would, no doubt, end in 
 a fimilar reference, 
 
 APPLICATIONS to the courts for fetting How appli- 
 afide annuities, are made upon an affidavit of "ade^the 
 the parties, ftating the defects, which, if they court, 
 arife from a defective memorial, a copy there- 
 of, examined with the original, muft be an- 
 nexed, with an affidavit of fuch examination. 
 If the court fees good ground, a rule to ihew 
 caufe is granted ; and afterwards, upon 
 ing both parties, they determine the point, 
 
 
 CHAP.
 
 104 A TREATISE ON 
 
 CHAP. IV. 
 
 General Obfervations. 
 
 the obje6l of the foregoing fheets has 
 been to point out to the Profefiion how 
 annuities are granted, and how the fame 
 may be effectually fecured, both by the 
 deeds executed for fecuring the fame, and 
 likewife by a compliance with the A6i of 
 Parliament, with a view of increafing the 
 prefent depreciated value thereof, and remov- 
 ing that odium which has hitherto attended 
 fuch tran factions. The author, therefore, can- 
 not quit the fubje6l without recommending to 
 the Profeffion in what manner their own eon- 
 duel, grounded upon the refult thereof, may 
 greatly facilitate the fame. 
 
 IT cannot be prefumed that any man will 
 deny but that the granting of annuities 
 have a moft immoral tendency ; and as the 
 Legiflature has not thought proper to prohibit 
 
 the
 
 THE LAW OF ANNUITIES. 
 
 the fame, nor to lay down any rules for re- 
 ftraining the enormous intereft yielded there- 
 from, every method mould therefore be pur- 
 fued by the practitioner to protect thofe who 
 are the objects of fuch pecuniary embarrafs- 
 ments, and at the fame time to fecure a fair 
 purchafer. If therefore the Profeffion, inltead 
 of fuggefting to their clients the too prevalent 
 idea of the impracticability of framing an ef- 
 fectual fecurity for an annuity, and throwing 
 out fuperticial objections to the fame, with 
 a view to diifuade them from engaging in 
 fuch purchafes, were to give their candid 
 opinion thereon, and if incapable theni- 
 felves of forming a proper judgment of the 
 tran faction, were to obtain the opinion of 
 thofe more converfant therein, and at the 
 fame time recommend a fair and liberal 
 price to be given, there cannot be a doubt but 
 that if fuch principles were to be adopted, they 
 would have the greateft effect in raifmg the 
 value of annuities ; for the prefent depreffion 
 arifes as much from fuch conduct, as from 
 the interpretations raifed by the courts upon 
 the conitruction of the various fections of the 
 Act of Parliament; notwithftanding which, 
 there are always men enough to be found, who, 
 for the great advantage to be derived by pur* 
 chafing annuities, a.re ready to meet any ima- 
 ginary
 
 106 A TREATISE ON 
 
 ginary difficulty ; fo that, while this unfound- 
 ed doftrine exifts, thofe who are drove to 
 this deftruftive method of procuring money, 
 either from urgent ncceffity or for any pru- 
 rient purpofe, muft continue to yield to the 
 payment of the prefent exorbitant intereft ; 
 whereby the very Aft M'hich the Legiilature 
 intended as a protection, has, from its confe- 
 quences, proved to be an injury ; and, in- 
 llead of thefe negotiations being more gene- 
 rally difTufed among the Profeffion at large, 
 they are confined to a very few, and in nioft 
 inftances to the brokers themfelves, who not 
 only procure the money, but effect the fe- 
 curities, whereby the grantors often fubmit 
 to very oppreffive bargains ; and the fecurity 
 of the purchafers is moft frequently in- 
 fufficient ; for it cannot be fuppofed that 
 men unacquainted with the law, and confe- 
 quently with the principles of conveyancing, 
 are capable of judging, either of the eligi- 
 bility of fecurities, the formation of deeds, or 
 the conftruftion of an Aft of Parliament, and 
 whofe conduct, however wrong, cannot be 
 controuled by the fummary jurifdiftion of the 
 courts. 
 
 BUT although annuities (as before iliewn) 
 legal tvanfa'ftiojis, and as the Legiflature
 
 THE LAW OF ANNUITIES. 
 
 has not fixed any rule for afcertaining the 
 value thereof, by reafon of the various cir- 
 cumftances attending every individual one 
 that is granted; yet furely upon annuities for 
 the lives of the grantors, where the fame are un- 
 deniable fecurities, and the life of the party can 
 be infured at the ufual rate of infurance, agree- 
 
 * o 
 
 able to the Table of Premiums fo advan- 
 tageoufly adopted by the Equitable Affurance- 
 office, whereby the principal may be fecured 
 upon the death of the grantor, fume real and 
 juft value may be formed thereof, and that 
 without rcurring to the nice calculations of 
 Demovcre and others, which appear to have 
 been made more for the fake of calculation 
 than for utility, the principles of which never 
 have or can be a6led upon. If, then, in- 
 ftead of adhering to thofe nice and ufelefs 
 rules, or to the prefent depreciated market 
 price paid for annuities, a medium was 
 drawn, and a more equitable calculation 
 made, fo that, in lieu of their yielding to 
 the purchafers, as they now do, from 12 to 
 14 per cent, without rifking either their 
 annuity or principal, a clear return of 10 
 per cent, upon the money advanced could 
 be obtained, fuch tranfa&ions could not be 
 confidered otherwife than fair and equitable, 
 and, as fuch, could not fail to extirpate 
 
 / 
 
 every
 
 A TREATISE ON 
 
 every unfavourable impreiTion that now bears 
 upon, fucli negotiations ; and it will appear, 
 even then, that annuities will yield a much 
 greater per centage than any other fpccics of' 
 property not attended with rifquc : for, ave- 
 raging the intereft, of money at 5 per cent, and 
 the annuitant can obtain (after infuring the 
 principal) that fame 5 per cent, for his money 
 advanced, together with an additional 5 per 
 cent, as a compenfation for relinquiihing 
 the controul of his principal during the life 
 of the party, or until he ihsill redeem the 
 fame, whereby his income would be doubled, 
 there are few men, if fully convinced of 
 this, who would not readily engage in fuch 
 tranfactions. 
 
 UPON this principle, therefore, of calcu- 
 lation, it will appear from the following 
 Table, that annuities, which in general now 
 fell for no more than fix years purchafe. 
 would be worth eight, arid fo in proportion, 
 according to the age of the party for whofc 
 life the annuity is granted : in forming 
 which, recourfe inuft be had to the Tables of 
 Infurance for the. exact, premiums to be paid 
 upon every age.
 
 THE LAW OF ANNUITIES, 
 
 Aes of the 
 Grantors. 
 
 Ye;irsPurchal& 
 to he given. 
 
 Average Rate 
 of Insurance. 
 
 What per Cent, the 
 Annuity will yield. 
 
 From 
 
 
 - J. d. 
 
 *. d. 
 
 22 to 32 
 
 8 
 
 2 10 
 
 .10 
 
 32 to 42 
 
 71 
 
 3 2 10 
 
 10 4 
 
 42 to J2 
 
 7 
 
 427 
 
 10 3 
 
 52 to 62 
 
 6 
 
 5 14 
 
 1100 
 
 62 to 67 
 
 51 
 
 7 16 9 
 
 1140 
 
 AXXUITIES which are granted for the 
 lives of the purehafors, or for two or more 
 lives nominated by them, cannot require any 
 infurance whatever ; for if a Aim of money 
 is in veiled in the purchafe of an annuity 
 fqr.the lire of the purchafer, it nmft ne- 
 ceffarily infer the indifference fuch pur- 
 chafer has to benefit pofterity by the prin- 
 cipal ; and if he purchafes for the lives of 
 others of his own nomination, it is rea- 
 funable to fuppofe they are good lives, and 
 that, provided the annuity is not redeemed, 
 an infurance can be effected on the death 
 of one of the nominees, or even in the firft 
 inflance, and that upon fo trivial a premium 
 that it cannot weigh in the leail as to the 
 value thereof. However, in forming a juft 
 and fair average of the value of what mould 
 be given for thefe annuities, a lefs intereft 
 1 mould
 
 A TREATISE ON 
 
 mould be yielded than upon annuities granted 
 for the lives of the grantors, by reafon that 
 the iecujities neceiTarily required for them be- 
 ing fuch as are the moft unexceptionable; but, 
 on the other hand, as thefe fpecies of an- 
 nuities are mere temporary loans, and are 
 likely foon to be redeemed, a refer vatiori of 
 an intcreft of 10 per cent, upon a (ingle life, 
 or 9 upon two lives, would be a reafonable re- 
 turn for the money advanced. 
 
 IT may be urged, that, upon annuities 
 which are made redeemable, a lofs may 
 eventually occur to the purchafer in the event 
 of his receiving back his purchafe-money, 
 mould the funds be much higher when the 
 annuity is redeemed than when the fame is 
 purchafed; to this it may be anfwered, that, 
 although molt men who raife money by an- 
 nuities have a confidence that they may be 
 foon enabled to redeem the fame, and the per- 
 fons advancing their money have a reafon- 
 able expectation that their principal may be 
 returned, yet it rarely happens that the 
 party, who has only a life-intereft, ever has it 
 in his power ; but whenever he can redeem 
 the fame, he affuredly would not confult hi* 
 own intereft if the price of the funds weighed 
 with him againft embracing the earlieft oppor- 
 tunity of ridding himfelf from fuch a heavy 
 ; and
 
 THE LAW OF ANNUITIES. Ill 
 
 and corroding burthen ; and if the money is 
 procured on the fecurity of property over 
 which the party has an abfolute controul, 
 fome fund is generally in view, out of which 
 he has, in fome fhort period, a confidential 
 hope of repaying the money ; fo that fuch 
 events generally arife from cafualties, and not 
 from premeditation. But even mould fuch- an 
 event happen, the half year's annuity, which 
 is in general paid upon redeeming, together 
 with the immenfe mtereft made of the money 
 in the interim, is more than equivalent to 
 guard againft any lofs which can in human 
 probability arife. 
 
 HAVING already fliewn what is necelfary 
 to be obferved in preparing fecurities for 
 annuities agreeable to the A61, and the deter- 
 minations of the courts thereon, it is con- 
 ceived the following precedents, prepared 
 agreeable thereto, may not be unacceptable 
 to the Profeffion. 
 
 CHAP.
 
 CHAP. V. 
 
 APPENDIX OF PRECEDENTS* 
 
 No. I. 
 
 ONE OBLIGOR to ONE OBLIGEE, 
 for fecuring an Annuity during the Life of 
 the Obligor, where the fame is intended to be 
 fecured by a Bond and Warrant of Attorney 
 only, irredeemable. 
 
 KNOW all men by thefe prefents, That I George Obligation. 
 Thomas, of Pall Mall, in the county of Mid- 
 dlefex, Efq. am held and firmly bound to Wil- 
 liam Pearce, of the city of London, merchant, 
 in the penal fum of 14007. of good and lawful 
 money of Great Britain, to be paid to the faid 
 William Pearce, or his certain attorney, execu- 
 tors, adminiftrators, or afligns ; for which pay- 
 ment to be well and faithfully made, I bind 
 myfelf, my heirs, executors and adminiftrators, 
 firmly by thefe prefents, fealed with my feal. 
 
 Dated, this day of January, in the > 
 
 year of the reign of our fovereign Lord George 
 the Third, by the grace of God, of Great Bri- 
 tain, France, and Ireland, king, defender of the 
 faith, and fo forth, and in the year of our Lord 
 one thoufand feven hundred and ninety-nine. 
 
 _ _ y. Recital of con- 
 
 \/\/ trail for pur- 
 
 > V HEREAS the above-named William Pearce hath Ch f fe t t e a 1 " 'h 
 contracted and agreed with the above bounden George [he obligor', and 
 Thomat, for the abfolute purchafe of one annuity, or !hc expnces 
 
 * . attending the 
 
 t yearly lame .
 
 U4 APPENDIX OF PRECEDENTS. 
 
 yearly fum of ioo/. of lawful money of Great Britain, 
 to be paid to the faid William Pearce, his executors, 
 adminiftrators, or afligns, free from taxes, and clear of 
 all other deductions whatfoever, for and during the 
 natural life of him the faid George Thomas, at or for the 
 price or fum of yoo/. AND WHEREAS upon the 
 treaty for the purchafe of the faid annuity, or yearly 
 fum of ioo/. it was agreed that the fame fhould be fe- 
 cured by the bond or obligation of the faid George Tho- 
 mas, and by a warrant of attorney to cofifefs a judgment 
 thereon*. AND WHEREAS upon the treaty for the 
 purchafe of the faid annuity, or yearly fum of ioo/. it 
 was likewife agreed that all coils, charges, and ex- 
 pences, attending the faid contract, and for preparing 
 and perfecting the feveral fecurities for the fame, and 
 for preparing and inrolling a memorial thereof, fhould 
 be borne and paid by the faid George Thomas. AND 
 WHEREAS the faid William Pearce hath, on the day 
 of the date of the above written bond or obligation, in 
 his own proper perfon, paid to the faid George Thomas, 
 in his own proper perfon, the faid fum of yoo/. which 
 he, the faid George Thomas, doth hereby admit and ac- 
 And of ex- knowledge; out of which faid fum of yoc/. he, the faid 
 peaces. George Thomas, immediately after receiving the fame, 
 paid to Robert Withy, of Craven -jlreet, in the Strand, ill 
 the county of Mrddlefex, gent, the fum of for at- 
 tendances refpedling the granting of the faid annuity, 
 and for preparing and perfecting the feveral fecurities for 
 the fame, and for preparing and inrolling a memorial 
 Condition. thereof. NOW, THEREFORE, the condition of the 
 above written bond or obligation is fuch, that if the faid 
 George Thomas, his heirs, executors, or adminiftrators, 
 do and (hall well and truly pay, or caufe to be paid, 
 unto the faid William Pearce, his executors, adminif- 
 trators, or affigns, for and during the natural life of 
 him, the faid George Thomas, one annuity, or yearly 
 fum of ioo/. of lawful money of Great Britain, free 
 from taxes, and clear of all other deductions whatlb- 
 
 * If no warrant of attorney is givcn f then omit the words in italics, 
 
 ever,
 
 APPENDIX OF PRECEDENTS. 
 
 ever, on four days or times in the year (that is to 
 
 fay) on the day of April, the day of July, 
 
 the day of O&ober, and the day of Ja. 
 
 nuary, in every year, by even and equal portions j the 
 
 firlt payment thereof to begin and be made on the 
 
 day of April next enfuing, the day of the date of the 
 above written bond or obligation. AND alfo, if the heirs, 
 executors, or adminiftrators, of the faid George Thomas y 
 fhall and do well and truly pay, or caufe to be paid, 
 unto the faid William Pearce, his executors, admiftra- 
 tors, or affigns, in cafe the faid George Thomas fhall 
 happen to depart this life on any day on which any 
 quarterly payment of the faid annuity, or yearly fum 
 of ioo/. fhall become due, the whole of fuch quarterly 
 payment; and if on any other day, in cafe fuch day 
 ihall happen before any quarterly payment of the faid 
 annuity, or yearly fum of ioo/. mall have become 
 due, then a proportionable part of the quarterly pay* 
 ment of the faid annuity, or yearly fum of i oo/. to be 
 computed from the day of the date of the above writ- 
 ten bond or obligation to the day of the death of the 
 faid George Thomas: but in cafe any quarterly payment 
 of the faid annuity, or yearly fum of ioo/. mall have 
 become due at the time of the deceafe of the faid George 
 Thomas, then from fuch of the faid quarterly days of 
 payment of the faid annuity, or yearly fum of ioo/. as 
 (hall happen to be next and immediately preceding 
 the day of the death of the faid George Thomas^ to the 
 day of his deceafe, then the above written bond or 
 obligation fhall be void and of none effeft* 
 Signed, fealed, &c. 
 
 x a No. II.
 
 u6 APPENDIX OF PRECEDENTS. 
 
 No. II. 
 
 BOND from TWO OBLIGORS to OXE OBLIGEE, 
 for fecit ring an Annuity during the Life oj 
 one of the Oh/igors, where the fame is in- 
 tended to be fi cured by Bond, U 'arrant of 
 Attorney, and Indenture, redeemable on Pay- 
 ment of Half a Year's ^Innuily. 
 
 KNOW all men by thefe brefents, That we John 
 Obligation. _, r _, - 
 
 Tobiftris, or Great Portland-Jtreet, in the county 
 
 of Middlefex, Efq. and Richard Newman, of the 
 city of Bath, Efq. are held and firmly bound 
 to "John Duncan, of Lambeth, in the county of 
 Surry, Efq. in the penal fum of 6oo/. of good 
 and lawful money of Great Britain, to be paid 
 to the faid ""John Duncan, or his certain attor- 
 ney, executors, adminiftrators, or aflignsj for 
 which payment to be well and faithfully made, 
 we bind ourfelves and each of us, jointly and 
 leyerally, pur and each of our heirs, executors, 
 and adminiftrators, and every of them firmly by 
 thefe prefents, fealed with our feals. Dated, 
 &c. 
 
 WHEREAS the above-named John Duncan hath 
 traore"" contracted and agreed with the above bounden John 
 purchafenf an- Thomas for the purchafe of one annuity, or yearly fum 
 life'cf "n?of of 5 A of ^^"1 mone 7 of Great Britain, to be paid to 
 two obligors, the faid John Duncan, his executors, adminiftrators, 
 ;!, and affigns, free from taxes, and clear of all other 
 
 pen ccs titrcriti . 
 
 deductions whatfoever, for and during the natural 
 life of the faid John Thomas, at or for the price or 
 fum of 300,'. AND WHEREAS, upon the treaty 
 for the purchafe of the faid annuity, or yearly fum 
 of 5o/. it was agreed by and between the faid John 
 Thomas and John Duncan, thatf r the more effectually 
 iccuriiig die payment thereof unto the faid John Dun-
 
 APPENDIX OF PRECEDENTS. 117 
 
 can, his executors, adminiflrators, and affigns, the fame 
 ihould be iecured by a certain indenture quadrupartite, 
 bearing even date with the above written bond or 
 obligation, and made between the faid John Thomas of 
 the firft part, the above bounden Richard Newman of 
 the fecond part, the laid 'John Duncan of the third part, 
 and R. W. of, &c. of the fourth part ; and that the 
 fame mould alfo be fecured by the bond and warrant of 
 attorney of the faid Joh-i Thomas and of the faid Richard 
 Newman, who hath agreed to join therein as fecurity 
 for the faid John Thomas. AND WHEREAS upon the 
 treaty for the purchafe of the faid annuity, or yearly fum 
 of co/. it was likewife agreed, that all coils, charges, and Agree-nentas 
 
 ,. , r -i r i r to oxpeilCCS. 
 
 expences, attending the faid contract, and for preparing 
 and perfecting the feveral fecurities of the fame, and 
 for preparing and inrolling a memorial thereof, mould 
 be borne and paid by the faid John Thomas. AND 
 WHEREAS the faid John I'/uncan hath, on the day of 
 the date of the above written bond or obligation, in his 
 own proper perfon, paid to the faid 'John Thomas, in his 
 own proper perfon, the faid fum of 3007. which he, the 
 faid John Thomas, doth hereby admit and acknowledge ; 
 out of which faid fum of 3OO/. the faid John Thomas, 
 immediately after receiving the fame, paid to J. B. of 
 
 the fum of for attendances re- 
 
 fpecling the granting of the faid annuity, and for pre- 
 paring and perfecting the feveral fecurities for the 
 fame, and for preparing and inrolling a memorial there- 
 of. NOW, therefore, the condition of the above writ- Condition. 
 ten bond or obligation is fuch, that if the laid John 
 Thoir.as and Richard Newman, or either of them, their 
 or either of their heirs, executors, or adminiftrators, 
 do and (hall well and truly pay, or caufe to be paid, 
 unto the faid John Die can, his executors, admimltra- 
 tors, and afligns, for and during the natural life of him 
 the faid John Thomas, one annuity, or yearly fum of 
 5/. of lawful money of Great Britain, free from taxes, 
 and clear of all other deductions whatfoever, on two 
 
 days or times in the year; (that is to fay) the 
 
 day of and the clay of in 
 
 every year, by even and equal portions; the firft pay- 
 i meat
 
 APPENDIX OF PRECEDENTS. 
 
 ment thereof to begin and be made on the day of 
 
 next enfuing the day of the date of the above 
 
 written bond or obligation: AND alfo, if the heirs, exe- 
 cutors, or adminiftrators, of the faid 'John Thomas, or 
 the faid Richard Newman, his heirs, executors, or ad 
 miniftrators, or any or either of them, {hall and do 
 well and truly pay, or caufe to be paid, unto the faid 
 'John Duncan, his executors, adminiftrators, or affigns, 
 in cafe the faid John Thomas {hall happen to depart this 
 life on any day in which any half yearly payment of the 
 faid annuity, or yearly fum of 50?. (hall have become 
 due, the whole of fuch half yearly payment , And if on 
 any other day, in cafe fuch day {hall happen before any 
 half yearly payment of the faid annuity, or yearly fum 
 of 5o/. fliall have become due, then a proportionable 
 part of the half yearly payment of the faid annuity, or 
 yearly fum of 5o/. to be computed from the day of the 
 date of the above written bond or obligation to the day 
 of the death of the faid John Thomas, But in cafe any 
 half yearly payment of the faid annuity, or yearly fum 
 of 5 /. mall have become due at the time of the deceafe 
 of the faid 'jdhn Thomas, then from fuch of the faid 
 half yearly days of payment of the faid annuity of 5o/. 
 as fhall happen to be next and immediately preceding 
 the day of the death of the faid John Thomas, to the day 
 of his deceafe, then the above written bond or obligation 
 fhall be void and of none efTed. AND WHEREAS 
 Recital of a- U p O n the treaty for the purchafe of the faid annuity, or 
 
 greement for f . r > . r . . .' 
 
 redemption of clear yearly ium or 50!. herein before mentioned, it was 
 annuiryon pav. mutually agreed by and between the faid "lohn Thomas, 
 
 ment of half 1 T1 . 7 , ; , 7 " i cvr' T 'i r j ^ z. 
 
 year's anmmy. fiKaard Newman, and John Duncan, that the laid John 
 
 Thomas, or the faid Richard Newman, his heirs, execu- 
 tors, or adminiftrators, or any or either of them {hould, 
 at any time hereafter, be at Liberty to repurchafe and 
 buy up the faid annuity, or clear yearly fum of 5O/. upon 
 giving unto the faid ~/ohn Duncan, his executors, admi- 
 niftrators, or affigns, feven days notice in writing of 
 fuch their or either of their intention, and upon paying 
 unto the faid -;ohn Duncan, his executors, adminiftra- 
 tors, or afligns, at the expiration of the time to be 
 mentioned therein, the full fum of 5257. being the ori- 
 3
 
 APPENDIX OF PRECEDENTS. 
 
 119 
 
 gmal purchafe-money, and one half-yearly payment of 
 the faid annuity, of lawful money of Great Britain, as 
 and for the confideration of fuch repurchafe of the faid 
 annuity, together with all arrears that mould be due on 
 the faid annuity, and a proportionable part thereof 
 from the laft day of payment thereof preceding fuch 
 repurchafe, up to and until the repurchafing the fame. 
 NOW it is hereby declared, That in cafe the faid John 
 Thomas, or the faid Richard Newman, his heirs, ex- DecVation 
 ecutors, or adminiflrators, any or either of them, thereof, 
 mall at any time hereafter be minded ami defirous of re- 
 purchafing the faid annuity, or yearly fum of 5o/. and 
 of fuch their or either of their intention mall give 
 unto the faid John Duncan, his executors, adminiilra- 
 tors, or affigns, notice in writing by the fpace of feveu 
 days, that he, the faid John Du can, his executors, ad- 
 minidrators, or affigns, mall and will at the end of the 
 feven days, from the time fuch notice mall be given as 
 aforefaid, on receiving all and every fum and fums of 
 money that mall be due for the arrears of the faid an- 
 nuity, together xvith a proportionable part thereof from 
 the laft day of payment thereof preceding fuch repur- 
 chafe, up to and until the repurchafing the fame as 
 aforefaid, accept, receive,/ and take the faid fum of 
 325 . as and in full for the repurchafe of the faid annuity, 
 or yearly fum of 5o/. AND on receipt of the faid fum 
 of 3257. and all arrears of the faid annuity, < r clear 
 yearly fum of 5O/. and fuch proportionable part thereof 
 as aforefaid, (hall and will deliver up the above written 
 bond or obligation to the faid John Thomas, or to the 
 faid Richard Newman, his heirs, executors, or admU 
 niftrators, to be cancelled ; and then, and in fuch cafe, 
 the faid annuity, or yearly fum of 5o/. fliall ceafe, de* 
 termine, and be no longer paid or payable. 
 Signed, fcaled, &c. 
 
 i 4 No. III.
 
 I20 APPENDIX OF PRECEDENTS. 
 
 No. III. 
 
 BoxD/row OXE OBLIGOR to ONE OBLIGEE, 
 for fecuring an Annuity during the joint 
 Lives of two Perfons (named by the Obligee) 
 and the Life of the Survivor, intended to he 
 fecured by Bond, Warrant of Attorney, and 
 Indenture, redeemable on replacing Stock, 
 fold out for the Purchafe of the Annuity. 
 
 Obligation. KNOW all men by thefe prefents, That I John L 'oyd, 
 
 of Pall Mall, in the county of Middlefex, Efq. 
 am held and firn ly bound to Jame, Scott, of 
 the city of London, merchant, in the penal fum 
 of four tlicufand eight hundred pounds, of good 
 and lawful money of Great Britain, to be paid 
 to the faid Jan.es Scott, or his certain attorney, 
 executors, adminiftrators, or affigns; for which 
 payment to be well and faithfully made, I bind 
 myfelf, my heirs, executors, and adminiftrators, 
 firmly by thefe prefents, fealed with my feal. 
 
 Dated this- day of January, in the 
 
 year of the reign of our fovereign lord George 
 the third, by the grace of God, of Great *-. ;':- 
 tain, France, and Ireland, king, defender of the 
 faith, and fo forth, in the year of our Lord one 
 thousand feven hundred and ninety-nine. 
 
 Recital of con- WHEREAS the above named James Scott hath con- 
 
 nu.lVfoAhe tracked and agreed with the above bounden John Lloyd, 
 
 lives of two no. for the purchafe of one annuity, or yearly fum of 3oo/. 
 
 expc e nci : . : at- ChC f lawful m n 7 f Great Britain, to be paid to the faid 
 
 tenHingthe- James Scott, his executors, adminiftrators, and affigns, 
 
 free from taxes, and clear of all other deductions what- 
 
 \ cr, for and during the natural lives of the faid 
 
 '/ames Scott, and Sarah his wife, and the life of the 
 
 ftiryivor. or longer liver of them, at or for the price or 
 
 fum
 
 APPENDIX OF PRECEDENTS. 121 
 
 fum of 2400 '. AND WHEREAS upon the treaty for 
 the purchafe of the laid annuity, or yearly fum of 3OO/. 
 it was agreed by and between the laid 'iohn Lloyd and 
 James Scott, that for the mere effectually fecuring the 
 payment thereof unto the faid Jatiie^ Scott, his execu- 
 tors, adminiitrators, and affigns, the fame fhould be 
 fecured by a certain indenture, bearing even date Avith 
 the above written bond or obligation, and made be- 
 tween the faid John L oyd of the firft part, the faid 
 James Scott of the fecond part, and Robert White of 
 
 gentleman, of the third part; and that 
 
 the fame mould be alib fecured by the bond and warrant 
 of attorney of die faid John Lloyd. A ND WHEREAS 
 upon the treaty for the purchafe of the faid annuity, or 
 yearly fum of 3007. it was likewife agreed, that all 
 cofts, charges, and expenccs, attending the faid con- 
 tract, and for preparing and perfecting the feveral fe- 
 curities of the fame, and for preparing and inrolling a 
 memorial thereof, ihould be borne and paid by the faid 
 John L oyd. AND WHEREAS the laid James Scott 
 hath, on the day of the date of the above written bond 
 or obligation, in his own proper perfon, paid to the faid 
 John Lloyd, in his own proper perfon, the faid fum of 
 24007. which he, the faid John Lloyd, doth hereby admit 
 and acknowledge ; out of which faid fum of 24OO/. the 
 faid John 1 loyd, immediately after receiving the fame, 
 
 paid to /. E. of the fum of for attendances 
 
 refpecting the granting of the faid annuity, and for 
 preparing and perfecting the feveral fecurities for the 
 fame, and preparing nd inrolling a memorial thereof. 
 NOW the condition of the above written bond or obli- Condition, 
 gation is fuch, that if the faid John Lloyd, his heirs, 
 executors, or adminiftrators, do and fliall well and 
 truly pay, or caufe to be paid, unto the faid James 
 Scott, his executors, adminiftrators, or afligns, for and 
 during the natural lives of them, the faid james Scott 
 and Sarah his wife, and the life of the furvivor of 
 them, one annuity, or yearly fum of joo/. of lawful 
 money of Great Britain, free from taxes, and clear of 
 all other deductions whatsoever, on four days or times 
 
 in .the year; ^that is to fay) the day of 
 
 the
 
 APPENDIX Or PRECEDENTS. 
 
 the day of the day of 
 
 and the day of in every year, by even 
 
 and equal portions ; the firfl payment thereof to begin 
 
 and be made on the day of next enfuing 
 
 the day of the date of the above written bond or obli- 
 gation. AND alfo, if the faid John JLlo,fi } his heirs, ex- 
 ecutors, or adminiurators, do and (hall well and truly 
 pay, or caufe to be paid, unto the executors, adminif- 
 trators, or afligns, of the faid James Scott^ in cafe the 
 furvivor of them, the faid James Scott and Sarah his 
 wife, fhall depart this life on any day on which any 
 quarterly payment of the faid annuity, or yearly fum of 
 3oo/. mail become due, the whole of fuch quarterly 
 payment; And if on any other day, in cafe fuch day 
 fhall happen before any quarterly payment of the faid 
 annuity, or yearly fum, fhall have become due, then 
 a proportionable part of the quarterly payment of the 
 faid annuity, or yearly fum of 3OO/. to be computed 
 from the day of the date of the above written bond or 
 obligation, to the day of the death of the furvivor of 
 them the faid James Scott and Sarah his wife; But in 
 cafe any quarterly payment of fuch annuity, or yearly 
 fum of 3oo/. fhall have become due at the time of the 
 tleceafe of the furvivor of them, the faid "James Sco t 
 an.: Sarah his wife, then from fuch of the faid quarterly 
 days of payment of the faid annuity, or yearly fum of 
 3oo/. as mall happen to be next and immediately pre- 
 ceding the day of the death of the furvivor of them 
 the faid James Scott and Sarah his wife, to the day of 
 fuch furvivor's deceafe, then the above written bond 
 or obligation fhall be void and of none effect. AND 
 Recital of a- WHEREAS upon the treaty for the purchafe of 
 
 gretment for .... . r { * r > T 
 
 repurchasing of the laid annuity, or clear yearly turn ot 3Oo/. herein 
 annn;ty, and before mentioned, it was mutually agreed by and be- 
 
 renbcmg flock . ,- . , ,~ , r , , , <>, ' n ti r i 
 
 fold out for the tween the faid John Lloyd and James scoti, that the laid 
 nsie ot an- J } m Lloyl, his heirs, executors, or adminiftrators, 
 ihould at any time hereafter be at liberty to repurch^ie 
 and buy up the faid annuity, or clear yearly fum of 
 3OO/. upon giving unto the faid James Scott, his ex- 
 ecutors, administrators, cr afligns, feven days notice 
 in writing of fuch his or their intention, and upon, 
 
 transferring.
 
 APPENDIX OF PRECEDENTS. 123 
 
 transferring, or caufing to be transferred, into the name 
 of the laid Barnes Scott, or into the name of his execu- 
 tors, adminiitrators, or afligns, for his and their own 
 ufe and benefit, 4000^3 per cent, conibl. bank annuities, 
 and upon paying unto the faid James Scott) his executors, 
 ndminiftrators, or afligns, all arrears that {hall be due 
 on the faid annuity, and a proportionable part thereof, 
 from the lafl day of payment thereof preceding fuch 
 repurchafe, up to and until the repurchasing the fame. 
 NOW it is hereby declared, That in cafe the faid Declaration 
 John Lloyd, his heirs, executors, or adminiilrators, 
 fhall at any time hereafter be minded and defirous of 
 repurchafmg the faid annuity, or yearly fum of 3OO/. 
 and of fuch his or their intention {hall give unto the 
 faid James Scott, his executors, admimftrators, or af- 
 figns, notice in writing by the fpace of feven days, 
 and do and {hall, at the expiration of the time to be 
 mentioned in fuch notice, at his or their own coits 
 and charges, transfer, or caufe to be transferred, into 
 the name of the faid James Scott, or into the name of 
 his executors, adminiitrators, or afligns, to and for his 
 and their own ufe and benefit, 4ooo/. 3 per cent, confol. 
 bank annuities, and do and {hall well and truly pay, 
 or caufe to be paid, unto the faid James Scott, his ex- 
 ecutors, adminiitrators, or afligns, all and every fum 
 and fumsofmoney as at the time of repurchafmg the 
 faid annuity {hall be due for the arrears of the faid 
 annuity, and together alfo with a proportionable part 
 of the fame annuity from the lait day of payment 
 thereof preceding fuch repurchafe, up to the day of re- 
 purchafmg the fame, as and in full for the repurchafe 
 of the faid annuity, or yearly fum of 3oo/. AND upon 
 fuch transfer being made, and payment of all arrears 
 of the faid annuity, or clear yearly fum of 3OO/. and 
 fuch proportionable part thereof as aforefaid, he the faid 
 James Scott, his executors, adminiitrators, or afligns, 
 ihall and will deliver up the above written bond or 
 obligation to the faid John Lloyd, to be cancelled; 
 and then, and in fuch cafe, the faid annuity, or yearly 
 fum of 3oo/. {hall ceafe, determine, and be no longer 
 paid or payable. 
 
 XT y"r 
 
 No. IV.
 
 i2 4 APPENDIX OF PRECEDENTS. 
 
 No. IV. 
 
 BOND from ONE OBLIGOR to OXEO.BLIGEK, 
 forftcufing an Annuity during the Lives oj 
 three Pcrfons (named by the Obligee) and 
 the Life of the Survivor, intended to -be fe- 
 cnred by Bond, Warrant of Attorney, and 
 Indenture, redeemable on Repayment of the 
 Principal Money advanced, upon giving Sic 
 Months Notice. 
 
 Obligation. KNOW all men by thefe prefents, That I JobnDa!Jy y 
 
 of Pall M all, in the county of Middlefex, Efq. 
 am held and firmly bound to Edward Batten, of 
 the city of L ndon, merchant, in the penal fum 
 of nine hundred pounds, of good and lawful 
 money of Great Britain, to be paid to the faid 
 Edward Batten, or his certain attorney, execu- 
 tors, administrators, orafligns; for which pay- 
 ment to be well and faithfully made, I bind 
 myfelf, my heirs, executors, and adminiftra- 
 tors, firmly by thefe prefents, fealed with my 
 feal. Dated this - day of January, in the 
 
 year of the reign of our fovereign lord 
 
 George the third, by the grace of God, of Great 
 Britain, France and Ire/ nd, king, defender of 
 the faith, and fo forth, and in the year of our 
 Lord one thoufand feven and ninety-nine. 
 
 Recital of con- WHEREAS the above named Edward Batten hath 
 traft for the contracted and agreed with the above bounden John 
 miltv for three" Dally, for the purchafe of one annuity, or yearly fum 
 l -, and the o f loo/, of lawful money of Great Britain, to be paid 
 expences at- * tne fad Edivard Batten, his executors, ndminiitra- 
 lending the tors, and affigns, free from taxes, and clear of ail other 
 deductions whatsoever, for and during the natural 
 
 lives
 
 APPENDIX OF PRECEDENTS. 125 
 
 lives of A. B. C. D. arid E. F. and the lives and life of 
 the furvivors and furvivor, and longeft liver of them, at 
 or for the price or fum of poo/. AND WHEREAS 
 upon the treaty for the purchafe of the faid annuity, or 
 yearly fum of ioo/. it was agreed by and between the 
 faid John Dally and Edivard Batten, that for the more 
 effectually fecuring the payment thereof unto the faid 
 Edward Batten, his executors, adminiftrators, and af- 
 figns, the fame fliould be fecured by a certain inden- ^ 
 ture, bearing even date with the above written bond or 
 obligation, and made between the faid "'-John Dally of 
 the firft part, the faid Edward Batten of the fecond 
 
 part, and A. B. of g ent - f the third part ; 
 
 and the fame mould be alfo fecured by the bond and 
 warrant of attorney of the faid JtJjn Dally. AND 
 WHEREAS upon the treaty for the purchafe of Agreement ac 
 the faid annuity, or yearly fum of ioo/. it was likewife to 
 agreed, that all cofts, charges, and expences, attending 
 the faid contract, and for preparing and perfecting the 
 feveral fecurities of the fame, and for preparing and 
 inrolling a memorial thereof, mould be borne and paid by 
 the faid John Dally. AND WHEREAS the faid Ed- 
 ward Batten hath, on the day of the date of the above 
 written bond or obligation, in his own proper perfon, 
 paid to the faid John Daily, in his own proper per- 
 ' foil, the faid fum of poo/, which he, the laid "John 
 Dally, doth hereby admit and acknowledge; out of 
 which faid fum of poo/, the faid Jchn Dally, immedi- 
 ately after receiving the fame, paid to A. B. of 
 the fum of for attendances respecting the grant- 
 ing of the faid annuity, and for preparing and perfecting 
 the feveral fecurities for the fame, and preparing and 
 inrolling a memorial thereof. NOW, 'therefore, the 
 condition of the above written bond or obligation is Condition, 
 fuch, that if the fnid John Dally, his heirs, execu- 
 tors, or adminiftrators, {hall well and truly pay, or 
 , caufe to be pai'l, unto the faid Edwnrd Batten, his 
 executors, adminiftrators, or afligns, for and during 
 the natural lives of them, the laid A. B. C. D. and 
 E. 1''. and ti:c lives and life of the furvivors and fur- 
 vivor, and longeit liver pf them, one annuity, or 
 
 yearly
 
 iz6 APPENDIX OF PRECEDENTS. 
 
 yearly fum of ioo/. of lawful money of Great Bri- 
 tatiiy free from taxes, and clear of all other deduc- 
 tions whatfoever, on four days or times in the year; 
 
 (that is to lay) the day of the 
 
 day of the day of the 
 
 day of in every year, by even and equal por- 
 tions; the firlt payment thereof to begin and be made 
 
 on the day of next enfuing the day of 
 
 the date of the above written bond or obligation ; 
 And alfo, if the faid "John Dally, his heirs, executors, 
 or adminiftrators, {hall well and truly pay, or caufe to 
 be paid, unto the faid Edivard Batten, his executors, 
 ndminiftrators, or afligns, in cafe the furvivor or longeft 
 liver of them, the faid A. B. C. D. and E. F. (hall de- 
 part this life on any day on which any quarterly pay- 
 ment of the fnid annuity, or yearly fum of ioo/. {hall 
 become due, the whole of fuch quarterly payment ; and 
 if on any other day, in cafe fuch day {hall happen be- 
 fore any quarterly payment of the faid annuity, or 
 yearly fum, {hall have become due, then a propor- 
 tionable part of the quarterly payment of the faid an- 
 nuity, or yearly fum of ioo/. to be computed from the 
 day of the date of the above written bond or obliga- 
 tion, to the day of the death of the furvivor, or longeft: 
 liver of them, the faid A. B. C. D. and E. F. But in 
 cafe any quarterly payment of fuch annuity, or yearly 
 fum of ioo/. fnall have become due at the time of the 
 deceafe of the furvivor, or longeft liver of them, the 
 faid A. B. C. D. and E. F. then from fuch of the faid 
 quarterly days of payment of the faid annuity, or yearly 
 fum of ioo/. as {hall happen to be next and immedi- 
 ately preceding the day of the death of the furvivor, or 
 longeft liver of them,' the faid A B. C. D. and E. F. 
 to the day of the death of fuch furvivor, or longeft 
 liver's deceafe, then the above written bond or obli- 
 
 Recital of a- 8 atlon lha11 be V id and f n effea - AND WHERE- 
 grcemem o AS upon the treaty for the purchafe of the faid 
 redemption, annuity, or clear yearly fum of ioo/. herein before 
 
 giving fix . ' , I J . 
 
 mrntiis notice, mentioned, it was mutually agreed by and between 
 
 and repayment t h e faid John Dallv and Edward Batten, that the faid 
 of principal ad- ( , *- // ,. ,>. , . . 
 
 vanced. John JLfaUy, his heirs, executors, or adminiftrators, 
 
 ihould
 
 APPENDIX OF PRECEDENTS. 127 
 
 fhould at any time hereafter be at liberty to repurchafe 
 and buy up the fakl annuity, or yearly fum of i oo/. 
 upon giving unto the faid Edivard Batten, his execu- 
 tors, adminiitrators, or affigns, fix calender months 
 notice in writing of fuch his or their intention, and 
 upon paying unto the faid Edivard Batten, his execu- 
 tors, adminiflrators, or affigns, at the expiration of the 
 time to be mentioned therein, the full fum of poo/. 
 being the original purchafe-money, for the faid an- 
 nuity, of lawful money of Great Britain, as and for 
 the confederation of fuch repurchafe of the faid annuity, 
 together with all arrears that fhall be due on the faid 
 annuity, and a proportionable part thereof from the 
 laft day of payment thereof preceding inch repurchafe, 
 up to and until the repurchafing the fame. NOW 
 it is hereby declared, That in cafe the faid John Declaration 
 Dally, his heirs, executors, or admin iftrators, fhall at c 
 any time hereafter be minded an ] defirous of repur- 
 chafing the laid annuity, or yearly fum of ioo/. and of 
 fuch his or their intention fhall give unto the faid Ed- 
 ivard Batten, his executors, adminiftrators, or affigns, 
 notice in writing, by the fpace of fix calender months, 
 that he, the faid Edward Batten, his executors, admi- 
 niftrators, or affigns, fhall and will, at the end of the 
 faid fix calendar months from the time fuch notice fhall 
 be given as aforefaid, on receiving all and every fum 
 and fums of money that fhall be due for the arrears of 
 the faid annuity, together with a proportionable part 
 thereof from the laft day of payment thereof preceding 
 fuch repurchafe, up to and until the repurchafing the 
 fame as aforefaid, accept, receive, and take the faid fum 
 of poo/, as and in full for the repurchafe of the faid 
 annuity, or yearly fum of ioo/. and on receipt of the 
 faid fum of poo/, and all arrears of the faid annuity, 
 or clear yearly fum of ioo/. and fuch proportionable 
 part thereof as aforefaid, fhall and will deliver up the 
 above written bond or obligation to the faid John Dalfy> 
 his heirs, executors, or adminiftrators, to be cancelled; 
 and then, and in fuch cafe, the laid annuity, or yearly 
 fum of ioo/. fhall ceafe, determine, and be void. 
 
 No. V.
 
 ia8 
 
 APPENDIX OF PRECEDENTS, 
 
 No. V. 
 
 BOND from THREE OBLIGORS to ONE OBLI- 
 GEE, (iC/ie.rc fzso oj' the Obligors become col- 
 lateral Securities for the other) for fecuring 
 an Annuity during the Life of one of the 
 Obligors ; intended to be. fccured by Bond, 
 1 1 'arrant of Attorney, and Deed of Cove* 
 want, for Payment oj' the Annuity. Redeem- 
 able on giving SLv Months Notice, or Pay- 
 ment of Half a Years Annuity. 
 
 Obligation. KNOW all men by thefe prefents, That we John 
 
 Pratt, of Great Portland Jtreet, in the county of 
 Middiefex, Efq. William Pratt,- of -- Efq. 
 and Abraham Cant, of ---- Eiq. are held 
 and firmly bound to Thomas Wood, of the city 
 of Bath, Efq. in the penal fum of 42O/. of good 
 and lawful money of Great Britain, to be paid 
 to the faid Thomas Wood, or his cef tain attorney, 
 executors, adminiftrators, or affigns; for which 
 payment to be well and faithfully made, we 
 bind ourfelves and each of us, jointly and ieve- 
 rally, our and each of our heirs, executors, and 
 adminiftrators, and every of them, firmly by 
 thefe prefents, fealed with our feals. Dated, 
 &c. 
 
 Reciral of con- WHEREAS the above named Thomas Wood hath 
 t^fotThTlife 1 " contracted and agreed with the above bounden John 
 of one of tiie Pratt, for the purchafe of one annuity, or yearly fum 
 ^ 3^ f hwful money of Great Britain, to be paid 
 to the faid ^Thomas Wood, his executors, adminiftrators, 
 and affigns, free from taxes, and clear of all other de- 
 ductions whatibevcr, for and during the natural life of 
 him, the faid John Parlt, at or for the price or fum of 
 
 2IC/. 
 
 attending the 
 ttme -
 
 APPENDIX OF PRECEDENTS. 12*) 
 
 2 1 o/. AND WHEREAS upon the treaty for the pur- 
 chafe of the faid annuity, or yearly fum of 3o/. it was 
 agreed by and between the faid Thomas Wood and John 
 Pratt, that for fecuring the payment thereof unto tue faid 
 Thomas Wood t the fame fhould be fecured by a certain 
 deed of covenants, bearing even date with the above 
 written bond or obligation, and to be made between the 
 faid 'John Pratt and the above bounden William Pratt 
 and Abraham Cant, of the one part, and the faid Thomas 
 Wood, of the other part ; and that the fame fhould 
 alfo be fecured by the bond and warrant of attorney of 
 the faid 'John Pratt, and William Pratt, and /braham 
 Cant, who have agreed to join therein as fecurity for 
 the faid John Pratt. AND WHEREAS upon the 
 treaty for the purchafe of the faid annuity, or yearly Agreement as 
 fum of 3o/. it was like wife agreed, that all cofts, to expen 
 charges, and expences, attending the faid contract, and 
 for preparing and perfecting the feveral fecurities for 
 the fame, and for preparing and inrolling a memorial 
 thereof, fhould be borne and paid by the faid John Pratt: 
 AND WHEREAS the faid T/.omas Wood hath, on the 
 day of the date of the above written bond or obligation, 
 in his own proper perfon, paid to the faid John Pratt^ 
 in his own proper perfon, the faid fum of 2 1 o/. which 
 he, the faid 'john Pratt, doth hereby admit and ac- 
 knowledge; out of which faid fum of 2io/. the faid 
 John Pratt, immediately after receiving the fame, 
 paid to A. B. of the fum of -for attend- 
 ances refpeUng the granting of the faid annuity, and 
 for preparing and perfecting the feveral fecurities for 
 the fame, and for preparing and inrolling a memorial 
 thereof. NOW the condition of the above written bond 
 or obligation is fuch, that if the faid John Pratt, William Condition. 
 Pratt, and Abraham Cant, or any of them, their or either 
 of their heirs, executors, or adminiftrators, fhall well 
 and truly pay, or caufe to be paid, unto the faid Tho- 
 mas Wood, his executors, adminiftrators, or afligns, 
 for and during the natural life of him, the faid John 
 Pratt, one annuity, or yearly fum of 3o/. of lawful 
 money of Great Britain, free from taxes, and clear of 
 
 K all
 
 1 3 o APPENDIX OF PRECEDENTS. 
 
 all other deductions whatfoever on four days, or times 
 
 in the year, (that is to fay) on the day, &c. in 
 
 every year, by even and equal portions , the firfl pay- 
 ment thereof to begin and be made on the day of 
 
 next eniuing the day of the date of the above 
 
 written bond or obligation. AND alfo if the heirs, 
 executors, or adminiilrators of the faid John Pratt, 
 or the faid William Pratt and Abraham Cant, or either 
 of them, their or either of their heirs, executors, or 
 adminiftratois, fhall well and truly pay, or caufe to be 
 paid, unto the faid Thomas Wood, his executors, admi- 
 niilrators, or affigns, in cafe the faid JcJm Pratt fhall 
 happen to depart this life on any day on which any 
 quarterly payment of the faid annuity, or yearly fum of 
 3o/. fhall become due, the whole of fuch quarterly pay- 
 ment; and if on any other day, in cafe fuch day mail 
 happen before any quarterly payment of the faid an- 
 nuity, or yearly fum of 3o/. fhall have become due, 
 then a proportionable part of the quarterly payment of 
 the faid annuity, or yearly fum of 307. to be computed 
 from the date of the above written bond or obligation, 
 to the day of the death of the faid John Pratt; but in 
 cafe any quarterly payment of the laid annuity, or yearly 
 fum of 3o/. fhall have become due at the time of the 
 deceafe of the faid John Pratt, then from fuch of the 
 faid quarterly days of payment of the faid annuity, or 
 yearly fum of 3O/. as mall happen to be next and im- 
 mediately preceding the day of the deceafe of the faid 
 yohn 1 ratt, to the day of his deceafe, then the above 
 written bond fhall be void and of none effect.. AND 
 traa t for [e}n"l^^-^^-^ A ^ U P O11 the treaty for the purchafe of the 
 chafing, upon faid annuity, or clear yearly fum of 3o/. herein before 
 moritlifnotice men tioned, it was mutually agreed by and between the 
 or HI, on paying faid Jthn Pratt, William Pratt, Abraham Cant, and 
 
 ?nnu?cy?nlieu the faid ^<w Wood, that they, the faid John Fn.tt, 
 of notice. William Pratt, and Abraham Cant, or either of them, 
 or the heirs, executors, or adminiftrators of the faid 
 William Pratt and Abr .ham Cant, mould at any time 
 hereafter be at liberty to repurchafe and buy up the laid 
 annuity, or clear yearly fum of 3O/. upon giving unto 
 the faid Thomas Wood, his executors, adminiilrators, or
 
 APPENDIX OF PRECEDENTS. 
 
 afligns, fix calender months notice in writing, of fucK 
 their or either of their intention, and upon paying 
 unto the faid Thomas Wood, his executors, adminif- 
 trators, or alfigns, at the expiration of the faid fix 
 calendar months, the full fum of 2io/. being the 
 original purchafe-money, of lawful money of Great 
 Britain, as and for the confideration of fuch repurchafe 
 of the faid annuity, together with all arrears that {hall 
 be due on the faid annuity, and a proportionable part 
 thereof from the laft day of payment thereof preceding 
 fuch repurchafe, up to and until the repurchafing the 
 fame; Or that they, the faid John Pratt, William 
 Pratt, and Abraham Cant, or either of them, or the 
 heirs, executors, or adminiftrators of the faid William 
 Pratt, and Abraham Cant, {hould at any time hereafter 
 be at liberty to repurchafe and buy up the faid annuity, 
 or clear yearly fum of 3o/. upon giving unto the laid 
 Thomas Wood, his executors, adminiftrators, or affigns, 
 feven days notice in writing of fuch their or either of 
 their intention, and upon paying unto the faid Thomas 
 Wood, his executors, adminiftrators, or afligns, at the 
 expiration of the faid feven days, the full fum of 225/0 
 being the original purchafe-ir.oney and two quarterly 
 payments of the faid annuity, of lawful money of Great 
 Britain, as and for the confederation of fuch repurchafe 
 of the faid annuity, together with all arrears that fhall 
 be due on the faid annuity, and a proportionable part 
 thereof from the laft day of payment thereof preceding 
 fuch repurchafe, up to and until the repurchafing the 
 fame. NOW it is hereby declared, That in cafe the faid Declaration 
 John Pratt, William Pratt, and Abraham Cant, or either thereof - 
 of them, or the heirs, executors, or adminiftrators of 
 the faid William Pratt and Abraham Cant, fhall at any 
 time hereafter be minded and defirous of repurchafing 
 the faid annuity, or yearly fum of 3O/. and of fuch 
 their or either of their intention, fhall gire unto the 
 faid Thomas Wood, his executors, adminiftrators, or 
 aifigns, notice in writing, by the fpace of fix calendar 
 months, that he, the faid Thomas Wood, his executors, 
 adminiftrators, or affigns, fhall and will, at the end of 
 the faid fix calendar months, from the time fuch notice y, 
 
 K 2
 
 APPENDIX OF PRECEDENTS. 
 
 ilr.il i be given as aforefaid, on receiving all and every 
 ium and fums of money whatfoever that fhall be due 
 for the arrears of the faid annuity, together with a pro- 
 portionable part thereof from the lait day of payment 
 thereof preceding fuch repurchafe, up to and until the 
 day of repurthafmg the fame as aforefaid, accept, re- 
 ceive, and take the faid fum of 2io/. as and in full for 
 the repurchafe of the faid annuity, or yearly fum of 307. 
 or in cafe the faid 'fohn Pratt, William t ratt, and Abra- 
 ham Canty or either of them, or the heirs, executors, 
 or administrators of the faid IP illiam Pratt and Abraham 
 L.iuty fhall at any time hereafter be minded and defirous 
 of repurchasing the faid annuity, or clear yearly fum of 
 ^o/. and mall give feven days notice in writing of fuch 
 their or cither of their intention unto the faid Thomas 
 Wood, his executors, adminiftrators, or affigns, that he, 
 the faid Thomas Wood, his executors, adminiftrators, or 
 affigns, fliall and will, at the end of the faid feven days 
 from the time fuch notice mail be given as aforefaid, 
 on receiving all and every fum and fums of money 
 whatfoever that fhall be due for the arrears of the faid 
 annuity, together with a proportionable part thereof 
 from the lait day of payment thereof preceding fuch 
 repurchafe, up to the day of repurchafing the fame as 
 aforefaid, accept, receive, and take the faid fum of 
 2257. as and in full for the repurchafe of the faid an- 
 nuity, or yearly fum of 307. and on receipt of either of 
 the laid fums, as the cafe may happen, and all arrears 
 of the faid annuity, or clear yearly fum of 3O/. and 
 fuch proportionable part thereof as aforefaid, mall and 
 will deliver up the above written bond or obligation 
 to the faid John P ratty William Pratt, and Abraham 
 Cant, or one of them, or to the heirs, executors, and 
 adminiftrators of the faid William Pratt and Abraham 
 Cant, or fome or one of them, to be cancelled ; and 
 then, and in fuch cafe, the faid annuity, or yearly fum 
 of 3o/. fhall ceafc, determine, and be void. 
 
 No. VI,
 
 APPENDIX OF PRECEDENTS. 133 
 
 No. VI. 
 
 one OBLIGOR to OXE OBLIGEE, 
 for fee u ring an Annuity during the Life of 
 the Obligee, intended to be fie it red by Bond, 
 and H 7 arrant oj\ Attorney, redeemable by 
 liiftalments. 
 
 KNOW all men by thefe prefents, That I John Perry, Obligation. 
 of P II- \ al , in the county of Micfdlefix, Efq. 
 am held and firmly bound to Thoma 'Mx/dy, of 
 the city of Lon on, merchant, in the penal 
 fum of feven hundred pounds, of good and 
 lawful money of Great rifain, to be paid to the 
 faid Thoma- Moody , or his certain attorney, ex- 
 ecutors, adminiftrators, or affigns; for which 
 payment to be well and faithfully made, I bind 
 myfelf, my heirs, executors, and adminiftrators, 
 firmly by thefe prefents, fealed with my feaK 
 
 Dated this-; day of January, in the 
 
 year of the reign of our fovereign Lord 
 
 George the Third, by the grace of God, of Great 
 Britain, France, and Ireland, king, defender of 
 the faith, and fo forth, and in the year of our 
 Lord one thoufand feven hundred and ninety- 
 nine. 
 
 WHEREAS the above named Thomas Moody hath Recital of con- 
 contrated and agreed with the above bounden ',. obn ^u^ y . or a 
 Peny, for the purchafe of one annuity, or yearly fum 
 of 5o/. of lawful, &c. to be paid to the faid Thomas 
 Moody, his executors, adminiftrators, and affigns, free 
 from taxes, and clear of all other deductions whatfo- 
 ever, for and during the natural life of him, the faid 
 Thomas Moody,rt or for the price or fum of '3-5 6/. AND 
 WHEREAS upon the treaty for the purchafe of the 
 faid annuity, or yearly fum of 5o/. it was likcwife 
 agreed, that all colts, charges, and expences attending 
 K 3 the
 
 APPENDIX OF PRECEDENTS, 
 
 the faid contract, and for preparing and perfecting the 
 feveral fecurities of the fame, and for preparing and 
 inrolling a memorial thereof, ihould be borne and p^id 
 by the faid John Perry. AND WHEREAS the faid 
 Thomas Moody hath, on the day of the date of the above 
 written bond or obligation, in his own proper perlbn, 
 paid to the faid John Perry, in his own proper perfon, 
 the faid fum of 35O/. which he, the faid "fohn Perry, 
 doth hereby admit and acknowledge; out of which faid 
 fum of 35Q/. the iard John Perry, immediately after 
 
 receiving the fame, paid to J. B. of the fum of 
 
 for attendances refpe&ing the granting of the 
 
 faid annuity, and for preparing and perfecting the feve- 
 ral fecurities for the fame, and preparing and inrolling 
 a memorial thereof. NOW, therefore, the condition of 
 Condition. * ne above written bond or obligation is fuch, that if the 
 faid John Perry, his heirs, executors, or adminiflrators, 
 fhall and do well and truly pay, or caufe to be paid, unto 
 the faid Thomas Moody, his executors, adminiflrators, 
 or affigns, for and during the natural life of him, the 
 faid 'llumas Moody, one annuity, or yearly fum of 
 5<D/. of lawful money, &:c. free from taxes, and clear 
 of all other dedications whatfoever, on four days or 
 
 times in the year, (that is to fay) on the day of, 
 
 &c. in every year, by even and equal portions ; the 
 
 firft payment thereof to begin and be made on the 
 
 day of next enfuing the day of the date of the 
 
 above written bond or obligation; And alfo if the faid 
 John Perry, his heirs, executors, or adminiflrators, 
 do and fhall well and truly pay, or caufe to be paid, 
 unto the executors, adminiflrators, or affigns of the 
 faid Thomas Moody, in cafe the faid ~1 faunas itioody mail 
 happen to depart this life on any day on wh'ch any 
 quarterly payment of the faid annuity, or yearly fum 
 of 5o/. mail become due, the whole of fuch quarterly 
 payment; and if on any other day, in cafe fuch day 
 fhould happen before any quarterly payment pf the 
 faid annuity, or yearly fum of 50/. fhall have become 
 due, then a proportionable part of the quarterly pay- 
 pient of the faid annuity, or yearly fum of 507. to be 
 
 computed
 
 APPENDIX OF PRECEDENTS. i 35 
 
 computed from the day of the date of the above writ- 
 ten bond or obligation, to the day of the death of the 
 faid Thorn s Moody, But in cafe any quarterly payment 
 of fuch annuity, or yearly fum of 5o/. (hall have be- 
 come due at the time of the deceafe of the faid Thomas 
 Moody, then from fuch of the faid quarterly days of 
 payment of thi faid annuity, of _c;o/. as ihall happen to 
 be next and immediately preceding the day of the 
 deatli of the faid i bomas Moody to the day of his de- 
 ceafe, then the above written bond or obligation to be 
 void, and of none effect. AND WHEREAS upon the 
 treaty for the purchafe of the faid annuity, or clear Recital of a- 
 yearly fum of 50*'. herein before mentioned, it was fe^mKion'h 
 mutually agreed by and between the faid Jo n Perry imlalmems, on 
 and Thomas Moody, that the faid John Per'y, his ex- 
 ecutovs, adminiflrators, or afiigns fhould at any time 
 or times thereafter be at liberty to repurchafe and buy 
 up the faid annuity, or clear yearly fum of 5o/. or 
 any pa:t thereof, not lefs at any time than io/. per 
 annum, at the rate or price of 7o/. for the purchafe of 
 io/. per annum, and fo in proportion for any greater 
 or larger fum, upon giving the faid Thomas Moody, or 
 his affigns, three months previous notice of fuch his 
 or their intention to repurchafe the faid annuity, or any 
 part thereof, until the whole of the faid annuity fhould 
 be redeemed. NOW it is hereby declased, That in cafe 
 the f.;id John Perry, his executors, adminiftrarors, or Declaration 
 affigns, mail at any time or times hereafter be minded 
 and d iirousof repurchafing the faid annuity, o yearly 
 fum of 507. or any part thereof, (not iefs than io/. per 
 annum) and of fuch his or their intention fhali give unto 
 the faid Thomas Moody, or his affigns, three months pre- 
 vious notice in writing, of what part of the faid annuity 
 the faid John Perry, his heirs, executors, or adminif- 
 trators, ihall be defirous of repurchafing (not lefs than 
 io/. per annum, that then he, the faid Thomas A"oo!y y 
 or his affigns, fhall an 1 will, from time to time, on 
 receiving fuch fum and f ms of money as fhall be due 
 for the faid annuity, and all arrears thereof, upon the 
 day of repurchafing fuch part or parts thereof, at the 
 K 4 expiration
 
 j 3 6 APPENDIX OF PRECEDENTS. 
 
 .expiration of fuch three months from the time of giving 
 fuch notice or notices, accept, receive, and take 70?, 
 for the repunhafe of io/. per annum of the faid an- 
 nuity, and fo in proportion for any greater fum that 
 fliali be exprefled in fuch notice or notices, and (hall be 
 fo dellred to be paid off as aforefaid; and on receipt of 
 fuch repurchafe money, for any fuch part or parts of 
 the faid annuity as aforefaid, that he, the faid V homas 
 Moody, or his afligns, mall and will, from time to time, 
 at the coft and chages of the faid "John Perry, his heirs, 
 executors, adminiftrators, or afiigns, execute fuch rea- 
 fonable and proper alignments of and declarations of 
 truft, as to fuch part or parts of the faid annuity as 
 fhall be fo repurchafed, unto the faid John Perry, his 
 heirs, executors, adminiftrators, or afligns, or unto 
 fuch perfon or perfons i,s he, the faid John Perry, his 
 heirs, executors, adminiftrators, or afligns, fhall direct 
 and appoint; and fliali and will, from time to time, re- 
 leafe and difcharge the faid John Perry, his heirs, ex- 
 ecutors, adminiftrators, and afligns, from the payment 
 of fuch part or parts of the faid annuity as mall be fo 
 repurchafed as aforefaid ; and on receipt of the whole of 
 the money for the repurchafe of the faid annuity, or 
 yearly fum of 5o/. and all arrears of the faid annuity, 
 and fuch proportionable part thereof, the faid 'lhotr.%s 
 IMoody, or his afligns, fhall and will deliver up to the 
 faid John Perry, his heirs, executors, adminiftrators, 
 or afligns, the above written bond or obligation, to be 
 cancelled and deftroyed, or aflign the fame in fuch 
 manner as he or they fliali direct and appoint. 
 
 No. VII.
 
 APPENDIX OF PRECEDENTS. 137 
 
 No. VII. 
 
 D from OXE OBLIGOR to TWO OBLI- 
 GEES Jbr /ecu ring an Annuity during the 
 Life of the Obligor, wit ere tits ^-Inmiity is 
 pur chafed by the Obligees as Tenants in Com- 
 mon; with a Claiife of Redemption on Payment 
 of Half a Years Annuity. 
 
 KNOW all men by thefe prefents, That I Timo'hy Obligation. 
 
 Hind, of &c. Efq. am held and firmly 
 
 bound to John ft righ , of and "l homas 
 
 Caoke, of g ent - m tne penal fum of one 
 
 thoufand one hundred and twenty pounds, of 
 good and lawful money of Great britain, to be 
 paid to the faid John (bright and Thomas Cooke, 
 as tenants in common, or their or either of 
 their certain attornies, executors, adminiftra- 
 tors, or aflignsj for which payment well and 
 truly to be made, I bind myfelf, my heirs, ex- 
 ecutors, and adminiftrators, firmly by thefe pre- 
 fents, fealed with my feal. Dated, &c. 
 
 WHEREAS the above named John If 'right an* *"j^ * <* 
 
 Thomas Cooke have contracted and agreed with the above nu if v by two 
 
 bounden 'j imothy Hin.i for the abfolute purchafe of one ' ''S 6 . 65 as te - 
 -, r ro/riri r "ants in com- 
 
 annuity, or yearly lum or 8o/. or lawful money of m on. 
 
 Great Britain, to be paid to the faid John Wright and 
 Thomas Cooke refpe&ively, as tenants in common, their 
 refpedtive executors, adminiftrators, and afligns, free 
 from taxes, and clear of all other deductions whatfo- 
 ever, for and during the natural life of him, the faid 
 '1 imothy Hind, at or for the price or fum of 5607. AND 
 WHEREAS upon the treaty for the purchafe of Agreement at 
 the faid annuity, or yearly fum 8o/. it was likewife toex P ences - 
 agreed, that all cofts, charges, and expences, attending 
 the faid contrail, an,d for preparing and perfecting the 
 
 feveral
 
 138 APPENDIX OF PRECEDENTS. 
 
 feveral fecurities for the fame, and for preparing and 
 inrolling a memorial thereof, fhould be borne and paid 
 by the faid Timothy Hind. AND WHEREAS the faid 
 "John Wright and Thomas Cooke have, on the day of the 
 date of the above written bond or obligation, in their 
 own proper perfons, paid to the faid '1 imotby Hin ', in 
 his own proper perfon, the faid fum of 5607. which he, 
 the faid Timothy Hind, doth hereby admit and acknow- 
 ledge ; out of which faid fum of 5607. the faid Timothy 
 Hind* immediately after receiving the fame, paid to 
 
 A. B. of the fum of for attendances 
 
 refpefting the granting of the faid annuity, and for 
 preparing and perfecting the feveral fecurities for the 
 fame, and preparing and inrolling a memorial thereof. 
 Condition. NOW therefore the condition of the above written 
 bond or obligation is fuch, that if the faid Timothy 
 Hind do and fhall well and truly pay, or caufe to be 
 paid, unto the faid John Wright and Thomas Cooke re- 
 fpeclively, in equal {hares and proportions, as tenants 
 in common, their refpective executors, adminiftrators, 
 er afligns, for and during the natural life of him, the 
 faid Vjmotby H'md^ one annuity, or yearly fum of 8o/. 
 of lawful money of Great Britain) free from taxes, and 
 clear of all other deductions whatfoever, on four days 
 
 or times in the year, (that is to fay) on the day 
 
 of, &c. in every year, by even and equal portions; the 
 
 firft payment thereof to begin and be made on the 
 
 day of next enfuing the day of the date of the 
 
 above written bond or obligation ; And alfo if the heirs, 
 executors, or adminiftrators of the faid 'i imothy tUnd* 
 ihall and do well and truly pay, or caufe to be paid, 
 unto the faid Join Ji right and Thomas Cooke relpec- 
 tively, in equal (hares and proportions, as tenant* in 
 common, their refpective executors, adminiitrators, or 
 affigns, in cafe the faid Timothy Hind (hall depart 
 this life on any day on which any quarterly payment of 
 the faid annuity, or yearly fum of 8o/. fhali become 
 due, the whole of fuch quarterly payment; and if on 
 any other day, in cafe fuch day ftiall happen before 
 any quarterly payment of the faid annuity, or yearly 
 fum of; 8o7. {hall-have become due, then a proportion- 
 able
 
 APPENDIX OF PRECEDENTS. 139 
 
 able part of the quarterly payment of the faid annuity, 
 or yearly fum of 8o/. to be computed from the day of 
 the date of the above written bond cr obligation, to the 
 day of the death of the faid 'iimotly Rind; But in cafe 
 any quarterly payment of fuch P minify, or yearly fvim 
 of 80'. fhall have become due at the time of the deceafe 
 of the faid Tinnihy Hind, then from 'fuch of the is id 
 quarterly days of payment of the faid annuity of So/. 
 as {hall happen to he next and immediately preceding 
 the day of the death of the faid 'iimoiLy Hind, to the 
 day of his deceafe, then the above written bond or 
 obligation, fhall be void and of no eillcl. AND 
 WHEREAS upon the treaty for the puvchafe of the Recitilofa- 
 faid annuity, or clear yearly fum of 8 ./. herein' be- 1 redt 
 fore mentioned, it was mutually agreed by and be- DEVI. 
 tween the faid '] imotky Hind and John II right, ti|t^^^ a 
 Thomas Cooke, that the faid Timothy Hind fhouid at 
 any time hereafter be at liberty to repurchafe and 
 buy up the faid annuity, or clear yearly fum of 8o/. 
 upon giving unto the faid John Wright and 'Ihomas 
 Cooke, or unto their executors, adminiftrators, or af- 
 figns, feven days notice in writing of fuch his intention, 
 and paying unto the faid ~-/ohn Wright and "j. homos 
 Cooke, their executors, adminiftrators, or affigns, in 
 equal (hares and proportions, at the expiration of the 
 time to be mentioned therein, the full fum of 6oo/. 
 being the original purchafe-money, and two quarterly 
 payments of the faid annuity, of lawful money of G rent 
 Lritain, as and for the confideration of fuch repurchafe 
 of the faid annuity, together with all arrears that fhouid 
 be due on the laid annuity, and a proportionable part 
 thereof from the laft day of payment thereof preceding 
 fuch repurchafe, up to and until the repurchafing the 
 fame. NOW it is hereby declared, that in cafe the faid 
 Timothy Hitid (hall at any time hereafter be minded and Declaration 
 defirous of repurchafing the faid annuity, or yearly fum thereot - 
 of 8o/. and of fuch his intention (hall give unto the faid 
 John JVi ight and 7 homns Cooke, their executors, adminif- 
 trators, or affigns, notice in writing by the fpace of feven 
 days, that they, the faid John Wright and 'Ihomas 
 3 Cooke,
 
 i 4 o APPENDIX OF PRECEDENTS. 
 
 e^ their executors, adminiftrators, or affigris, fhall 
 and will at the end of the faid feven dnys, from the 
 time fuch notice fhall be given as aforefaid, on receiv- 
 ing in equal (hares and proportions, all and every fum 
 or fums of money that fhall be due for the arrears of 
 the faid annuity, together with a proportionable part 
 thereof from the laft day of payment thereof preceding 
 fuch repurchafe, up to and until the repurchafmg the 
 fame as aforefaid, accept, receive, and take the faid 
 fum of 6oo/. to be paid to them in equal fhares and 
 proportions, as and in full for the repurchafe of the 
 faid annuity, or yearly fum of 8o/. and on receipt of 
 the faid fum of 6oo/. and all arrears of the faid annuity, 
 or clear yearly fum of 8o/. and fuch proportionable 
 part thereof in manner afoi'efaid, fhall and will deliver 
 up the above written bond or obligation to the faid 
 'J imothy h Ind to be cancelled ; and then, and in fuch 
 cafe, the faid annuity, or yearly fum of 8o/. fhall 
 ceafe, determine, and be no longer payable. 
 
 CHAP
 
 CHAP. VI. 
 
 GRANTS OF ANNUITY CHARGED UPON 
 PERSONAL PROPERTY, WHERE THE 
 GRANTORS HAVE ONLY A LIFE-IN- 
 TEREST. 
 
 No. VIII. 
 
 Affignment of Dividends, to which the Grantor 
 is intitled for Life wider his Marriage Set- 
 tlement, for fee ur ing an Annuity during the 
 Life of the Grantor; with a Claufe for Re- 
 demption on Payment of Half a Year's An- 
 nuity, where the Confederation- Money is paid 
 by a Bill of Exchange. 
 
 T 
 
 A HIS INDENTURE of three parts, made the 5th P 
 day of July, in the 3pth year o| the reign of our 
 fovereign Lord George the Third^ &c. and in the 
 year of our Lord i799> between Sir Thomas W. of 
 
 in the county of Bart, of the firft 
 
 part, William Hallet^ of in the county of 
 
 merchant, of the fecond part, and John 
 
 Ibompfon, of Gent, of the third part. 
 
 WHEREAS by indenture bearing date on or about R ~ cital 
 
 i , , /- T/r i 1-1 i c riage iettle- 
 
 the 2d day of March, which was m the year or our m .j' U) whereby 
 Lord 1704, and made or exprefled to be made between the grantor u 
 
 '. r i ? en Tir r i r n ^.L T> i ^ nititk'd tocer- 
 
 the faid Sir Thomas W. pi the hrft part, the Right ta j n dividends 
 
 Hon. for his life.
 
 142 APPENDIX OF PRECEDENTS. 
 
 lion. Charles William Lee, Lord Vifcount D. of 
 the fecond part, the Hon. Charlotte Lee, ipinfter, (an 
 infant of the age of 19 years and upwards) daughter 
 of the faid Charles Lord Vifcount D. of the third 
 part, the Right Hon. Henry Lord M. and William 
 South) Efq. of the fourth part, and the Right Hon. 
 Charts Earl of S. and the Hon. Robert P. of the 
 fifth part. -RECITING, that a marriage was intended 
 to be fhortly had and folemnized between the laid 
 Sir Ihauas W. and Charlotte Lee, with the content 
 of the faid Lord Vifcount D. teftified by his ex- 
 ecuting thofe prefents-, And reciting (among other 
 things) that the faid Sir 'Ihornas W. was poflefled 
 of or intitled to the capital fum of 9,ioo/. Eaft India 
 ftock, then lately Handing in his name in the books of 
 the Eaft India Houfe, and to the capital fum of 
 20,000'. confol. 3 percent, annuities, then lately Hand- 
 ing in his name in the books of the governor and com- 
 pany of the Bank of England. AND RECITING, 
 that the portion or fortune of the faid Charlotte Lei 
 confided of the fum of io,ooo/. of lawful money of 
 Great Britain, which was charged and fecured for her 
 portion, payable at the death of the faid Char .es Lord 
 Vifcount ). upon a competent part of his eftates in the 
 county of ft i /;, and intereft in refpeft thereof from 
 the folemnization of the faid intended marriage, at the 
 rate of 4.'. per cent, per annum, was fecured during the 
 life of the laid Char es Lord Vifcount /). upon all his 
 eftates in Etig'and. AND RECITING, that on the 
 treaty for the faid marriage, the faid Sir V boinas W. in 
 confideration thereof, and of the faid portion or fortune 
 of the faid Charlotte Lee, and for making a provifion for 
 her and the irlue of the faid marriage, did (among 
 other things) propofe and agree to transfer to the laid 
 Henry Lord .,':'. ?.nd /.<;' jam ?outh, the faid capital 
 fums of 9,100'. Eaft India ftock, and ?o,ooo/. confol. 
 3 per cent, annuities ; upon the trufts and for the 
 intents and pnrpofes therein, -and in part hereinafter 
 mentioned. AND RECITING, that the faid Sir r j ho- 
 trtaj W. had in contemplation of the faid intended mar- 
 riage, and in purfuance and part performance of the faid 
 
 agreement,
 
 APPENDIX OF PRECEDENTS. 143 
 
 agreement, transferred iwito the faid Henry Lord M. and 
 William South the faid capital fums of 9,100'. Eaft India 
 ftock, and 2O,ooo/. confol. 3 percent, annuities, and the 
 lame were then ftanding in the names of the faid Henry 
 Lord M. and Wil'.iam Southy in the books at the Eail 
 India Houfe and Bank of England refpelively, as they 
 the faid Henry Lord M. and William Somh did thereby 
 acknowledge. IT IS WITNESSED, and thereby 
 agreed and declared, between and by all the faid parties 
 thereto, that the faid capital fums of 9,100!. Eaft India 
 ftock, and 2o,ooo/. 3 per cent, confol. annuities, had 
 been fo refpeftively transferred unto, and were then 
 vefted in, the faid Henry Lord M. and Wi':iam South as 
 aforefaid. UPON THE TRUST, and to and for the 
 ends, intents, and purpofes, and fubjecl: to the provi- 
 foes and agreements therein and in part hereinafter ex- 
 prefled and declared, of and concerning the fame; 
 that is to fay, UPON TRUST for the faid Sir llamas 
 IV. his executors, adminiftrators, and affigns, until the 
 faid intended marriage mould be had and folemnized; 
 and from and after the folemnization thereof, THEN 
 UPON TRUST, that they the faid Henry Lord M. 
 and Wiliiam South) their executors, adminiftrators, and 
 afFigns, mould and did, by and with the confent and 
 approbation of the faid Sir 'j homos W^. and Charlotte Lee t 
 during their joint lives and the life of the furvivors of 
 them, and after the deceafe of fuch furvivor, then at 
 their own difcretion either continue the faid above 
 principal or capital fums, were the fame were then 
 placed out, or elfe fell and difpofe of, and transfer 
 and affign the fame, or either of them, or any part or 
 parts of them, or of either of them, and place out 
 the money arifmg and to be received by fuch fale, dif- 
 pofition and transfer, or transfers, in other public 
 funds, or on other government or real fecurities, in 
 the names of them the faid truitees for the time be- 
 ing, and fo from time to time fhould and did call in 
 the principal money fo to be placed out, and place out 
 again the fame upon new or other funds or fecurities 
 of the like nature. AND UPON FURTHER 
 TRUST, that they the fame truftees rcfpedively 
 
 fhould
 
 APPENDIX OF PRECEDENTS. 
 
 (hould and did, by and out of the intereft and dm* 
 dends, from time to time, arifing and to arife upon or 
 from, or for the feverai capital fums, flocks, funds* 
 and fecurities, yearly and every year, during the joint 
 lives of the laid Sir Thomas l. and Chariot it Lee, pay 
 the yearly fum of 300 . of lawful money of Great Bri- 
 tain, by quarterly payments, as therein mentioned, 
 unto the laid Char o^te Lee, for her fole and feparate ufe 
 and benefit. AND UPON FURTHER TRUST, 
 that they the faid Henry Ix>rd A'L and William South, 
 their executors, administrators, and affigns, fhould and 
 did, from time to time, pay the refidue and furplus of 
 of the faid intereft and dividends, over and above what 
 fhould be fufficient from time to time to pay and fatisfy 
 the faid yearly fum of 3Oo/. in manner therein men- 
 tioned, and all cofts and charges attending the execu- 
 tion of the faid trufts, unto the faid Sir Thomas IV. or 
 his affigns, to and for his and their own ufe and be- 
 nefit, for and during the joint lives of him the faid 
 Sir Thomas IP. and the faid Char cite Lee; and if the 
 faid Sir 1 homas 7^. fhould furvive the faid Charlotte 
 Lee, then from and after her deceafe fhould and did 
 pay unto, or otherwife authorifed, or permit the faid 
 Sir "Ihomas I'/, or his affigns, to receive and take 
 the whole of fuch intereft and dividends to and for his 
 and their own ufe and benefit, for and during the term 
 of his natural life; but if the faid Charlotte Lee fliould 
 furvive die laid Sir Thomas IV.. then upon fuch trufts 
 as are therein particularly mentioned and exprefled4 
 Recital of con- AND WHEREAS the faid William Hallett hath con- 
 tract for the traded and agreed with the faid Sir Thomas J. for 
 
 pu.rcha.fe of , , i_ r r if C 
 
 annuity. toe abiolute purchaie of one annuity, or yearly ium ot 
 
 200 '. of lawful money of Great hritain, to be paid and 
 payable to the faid William Hallett, his executors, ad- 
 mmiitrarors., or affigns, for and duing the natural life 
 of the laid Sir "ihomas W. by two equal half yearly 
 payments in the year, together with a proportionable 
 part of the faid annuity for the time which fhall ehpfe 
 between the lalt of fuch half yearly days of payment 
 next preceding the day of the death of the faid Sir 
 'Ifomas lY. and the time of his deceafe, at or for the 
 
 price
 
 APPENDIX OF PRECEDENTS. 145 
 
 price or fum of i,2oo/. out of which faid fum of 
 r,2oo/. it was agreed, upon the treaty for the purchafe 
 of the faid annuity, that all cofts, charges, and ex- 
 pences attending the faid contract, and for preparing 
 and perfecting the feveral fecurities for the fame, and 
 for preparing and inrolling a memorial thereof, and 
 for c.mrmjjlon for procuring the faid fum of i,2OO/.* 
 mould be borne and paid by the faid Sir Thomas W* 
 AND WHEREAS upon the treaty for the purchafe 
 of the faid annuity, or yearly fum of 2oo/. it was 
 agreed by and between the faid Sir Thomas W. and 
 Wi.liam HaLett, That for the effectually fecuring the 
 due and punctual payment of the faid annuity, or clear 
 yearly fum of 2OO/. unto the faid ft'il.iam Hallett, his 
 executors, adminiftrators, artd affigns, for and during 
 the natural life of the faid Sir Thomas W. all the in- 
 tereft, dividends, and annual proceeds arifing and to be 
 produced from the faid feveral fums of pjiooA Eaft 
 India ftock, and 2o,ooo/. confol. 3 per cent, annuities, 
 to which he, the faid Sir Thomas IV. is intitled for 
 his life, under and by virtue of the faid herein before 
 in part recited indenture of fettlement as aforefaid, 
 fhould be affigned unto the faid Jchn Thompfon, his 
 executors, adminiftrators, and affigns, upon the trufts, 
 and to and for the intents and purpofes hereinafter 
 mentioned, expreffed, and declared of and concern- 
 ing the fame ; and that the faid annuity mould be fur- 
 ther fecured by the bond of the faid Sir Thomas W. 
 and a warrant of attorney to confefs a judgment there- 
 on. AND WHEREAS, for better fecuring the pay- Recital of an* 
 ment of the faid annuity, the faid Sir 'ihomas W. by m 
 his bond or obligation in writing, under his hand and 
 feal, bearing even date with thefe prefents, hath be- 
 come bound unto the faid /7 V7 janj HaHett in the penal 
 fum of -2,400 . with a condition thereunder written for 
 making void the fame, if the faid Sir > homas W. fliould 
 well and truly pay, or caufe to be paid, unto the faid 
 
 * In ner.ociatin^ la>p;c fupis, it is not vinufual For a folicitor to 
 charge IDS. jjer ccm. o^miliion, -inwliith cafe it Ihouldhe not oed.
 
 146 APPENDIX OF PRECEDENTS. 
 
 William HaUett, his executors, adminiftrators, or af- 
 figns, for and during the natural life of him, the faid 
 Sir 1 k'jntas If. one annuity, or yearly fum of 2oo/. of 
 lawful money of 'Jreat Britain, free from taxes, and 
 clear of all other deductions whatfoever, on two days 
 
 or times in the year, (that is to fay) on the 
 
 day and the day of in every 
 
 year, by even and equal portions ; the firft payment 
 
 thereof to begin and be made on the day of 
 
 next enfuing the day of the date of the 
 
 faid bond or obligation now in recital. AND alfo, if 
 the heirs, executors, or adminiftrators of the faid Sir 
 Thomas IV. fhould well and truly pay, or caufe to be 
 paid, unto the faid J^ii.iam Haliet, his executors, ad- 
 miftrators, or afligns, in cafe the faid Sir Thomas W. 
 fhould happen to depart this life on any day on which 
 any half yearly payment of the laid annuity, or yearly 
 fum of 200.'. fhould become due, the whole of fuch 
 half yearly payment; and if on any other day, in cafe 
 fuch day mould happen before any half yearly payment 
 of the faid annuity, or yearly fum of 2oo/. ihoukl 
 have become due, then a proportionable part of the 
 half yearly payment of the faid annuity,, or yearly 
 fum of 2oo/. to be computed from the day of the date 
 of the faid bond or obligation now in recital, to the 
 day of the death of the faid Sir Thomas IV. BUT in 
 cafe any half yearly payment of the faid annuity, or 
 , yearly fum of 200'. fhould have become due at the 
 
 time of the deceafe of die faid Sir Thomas W. then 
 from fuch of the faid half yearly days of payment of the 
 faid annuity, or yearly fum of 2oo/. as fhould happen 
 to be next and immediately preceding the day of the 
 death of the faid Sir Thomas JV. to the day of his de- 
 Recital of war- ceafe. AND WHEREAS in further purfiuince of 
 T ncy. the faid agreement, and for the better fecuring the 
 
 payment of the faid annuity, or yearly fum of 2oo/. 
 the faid Sir Thomas 1^. hath executed a warrant of at- 
 torney, bearing even date with the faid bond and thefe 
 prefents, thereby authorifing and empowering certain 
 attornies therein named to confefs a judgment againft 
 him in his Majefty's Court of King's Bench,, in an ac- 
 tion
 
 APPENDIX OF PRECEDENTS. 147 
 
 tion of debt upon the faid bond, for the faid fum of 
 2,400'. and cofts of fuit, as by the faid herein before 
 in part recited indenture of fettlement, bond and war- 
 rant of attorney, relation being thereunto refpe&ively 
 had, may more fully and at large appear. NOW THIS Confideration 
 INDENTURE WJTNESSETH, That; for and in con- KcLnge 
 fideration of the fum of i,2oo/. of lawful money of Great 
 Britain, to the faid Sir 'Ihomas IV. in his own proper 
 perfon in hand well and truly paid by the faid WH- 
 iiam Hallett, in his own proper perfon, at or before 
 the fealing and delivery of thefe prefents, in manner 
 following, (that is to fay) by a bill of exchange bearing 
 
 date the day of drawn by the faid William 
 
 Hal/eft, upon and accepted by John Doe, for the faid 
 fum of i,2oo/. payable to the faid William Hallett, or 
 order, two months after the date thereof, and by the 
 faid William Ha'lett indorfed to the faid Sir 'Ihomas W. 
 
 and the fum of in cafh, being lawful intereil on 
 
 the faid bill of exchange, from the day of the date of 
 thefe prefents until the actual day of payment thereof; 
 out of which faid fum of i,2oo/. the faid Sir Thomas 
 W. immediately after receiving the fame, paid to 
 
 A. B. of gent, the fum of for attend- 
 
 ances refpeling the granting of the faid annuity, and 
 for preparing and perfecting the feveral fecurities for 
 the fame, and for preparing and inrolling a memorial 
 thereof. And alfo the further fum of 61. for commif- 
 fion, for procuring the faid fum of i,2oo/. purfuant to 
 the agreement made upon the treaty for the purchafe 
 of the faid annuity; the receipt of which faid fum of 
 i,20o ; . he, the faid Sir 'Ihomas W. doth hereby ac- 
 knowledge, and thereof, and of and from the fame and 
 every part thereof doth acquit, releafe, and for ever 
 difcharge the faid William Hallett, his executors, ad- 
 mimftrators, and afligns, by thefe prefents ; he the 
 faid Sir 'Jhomas IV. HATH given, granted, bargained, Grant of ant 
 fold, and confirmed by thefe prefents, DOTH give, Jmity ' 
 grant, bargain, fell, and confirm unto the faid William 
 Ha left, his executors, adminiftrators, and afligns, for 
 and during the term of the natural life of the faid Sir 
 Thomas W. one annuity, or yearly fum of 2oo/. of 
 lawful money of Great Britain, to be charged and 
 L 2 chargeable
 
 i 4 8 APPENDIX OF PRECEDENTS'. 
 
 cliargeable upon, and to he ifluing, payable, had, re- 
 ceived and taken by and out of the intereil, dividends, 
 and Annuity proceeds of the faid feveral fums of 9,iooA 
 Ealb India itock, and 2o,ooo/. confol. 3 per cent, annui- 
 ties herein before mentioned, and intended to be hereby 
 ailigned, TO HAVE, HOLD, receive, perceive, take 
 and enjoy the faid annuity, or clear yearly fum of 2oo/. 
 hereby given, granted, and confirmed, or intended fo 
 to be, and every part thereof from henceforth, for 
 and during the natural life of the laid Sir Thomas IV. 
 to be paid and payable unto the faid William Hallett, 
 his executors, adminiitrators, and alfigns, at or in the 
 Common Dining-Hall of Lincoln's Inn, in the county 
 of Midd'tfeMt by two equal half-yearly payments in 
 the year; (that is to fay) the -- day of -- and 
 the - day of - > in every year, by even and 
 equal portions; the firll payment thereof to begin and 
 be made on the - day of - next enfuing 
 the day of the date of thefe prefents, without any de- 
 duction or abatement out of the fame or any part 
 thereof, for or in refpecl: of any taxes, charges, rates, 
 aileflVnents, or other impofitions whatfoever already 
 taxed, charged, rated, aflefled, or impoied, or here- 
 after to be raxed, charged, rated, aflefled, or impofed, 
 upon the faid intereft and dividend, hereby charged 
 with the payment of the faid annuity, or yearly 
 rent of 200'. or any of them, or any part thereof, 
 or upon the faid annuity, or yearly fum 2oo/. 
 or any part thereof, or on the faid Sir Thomas 
 W. or the faid If-''i!riam Hal'ett t his executors, ad- 
 miniilrators, or afligns, or any or either of them in 
 refpec} thereof, by authority of parliament, or other- 
 wife howfoever, together with a proportionable part 
 of tke fame annuity, or yearly fum of 2OO/. for the 
 time which {halt elapfe between the lalt of the faid 
 days of payment preceding the day of the deceit fe of 
 the faid Sir 7 homns 1 1/, as in the condition to the faid 
 
 Covenant for herein before in part recited bond or obligation is 
 p?. ment ot an- , i-Ktr^i i ,- i * // -rr r \ 
 
 nuity. mentioned. AND the laid Sir i Romas W. for him- 
 
 felf, his heirs, executors, and ndminifcrators, DOTH 
 Hereby covenant, promife, and agree to, and with the 
 find &iliiam 'HnHett^ his executors, adminHtrators, and 
 
 4 afligns,
 
 APPENDIX OF PRECEDENTS. 
 
 afligns, by thefe prefents in manner following, (that is 
 to fay) That he, the faid Sir 'llwnas /"". his heirs, exe- 
 cutors, or administrators, (hall and will well and truly 
 pay, or caufe to be paid, unto the faid Wlliiam Hallelt, 
 his executors, adminiftrators, ajad affgns, for and during 
 the natural life of him the faid Sir Thomas W. one 
 annuity, or yearly fum of 200.'. of lawful money of 
 Great Britain, free and clear of and from all taxes, 
 charges, rates, and other deductions whatfoever, par- 
 liamentary or otherwife, on the days and times and in 
 manner herein before mentioned, and appointed for 
 payment thereof. AND THIS INDENTURE FUR- ; 
 THER WITNESSETH, That in further purfuance of 
 the faid agreement, and for the confiderations afore- 
 faid, and for the further and better fecuring the due 
 and punctual payment of the laid annuity, or yearly 
 fum of 2oo/. unto the faid WiUiam Hallett t his exe- 
 cutors, adminiftrators, and afligns. for and during the 
 natural life of him, the faid Sir Thomas W. he, the 
 faid Sir Thomas W. HATH (with the confent and ap- 
 probation, and by the direction and appointment of 
 the faid Ifiltiam Hal left, teftified by hio being made a 
 party to and fealing and delivering thefe prefents) bar- 
 gained, fold, afligned, transferred, and fet overj And 
 by thefe prefents DOTH bargain, fell, aflign trans- 
 fer, and fet over unto the faid 'John Thompfon, his ex- 
 ecutors, adminiftrators, and alligns, all the intereit, 
 dividends, and annual produce of the faid' feveral fums 
 of 9,100''. Eaft India ftock, and 2o,poo/. confol. 3 per 
 cent, annuities, to which he, the faid Sir '] homas 
 W. is intitled unto for his life, under and by virtue of 
 the faid herein before in part recited indenture of fet- 
 tlement as aforefaid. AND all the right, title, in- 
 tereft, property, claim and demand whatfoever, as 
 well legal as equitable, of him the faid Sir 'i hcintn 
 W. of in to or out of the fame, TO HAVE, HOLD, 
 receive, take, and enjoy the faid intereft, dividends, 
 and annual produce of the faid ftveral fums of 9,100'. 
 Eaft India ftock, and 2o,ooo/.'confol. 3 per cent, annui- 
 ties, unto the faid John 'Ihompfon, his- executors, adminif- 
 trators, and aflagns, for .and during the natural life of 
 L 3 the
 
 1 50 APPENDIX OF PRECEDENTS. 
 
 the faid Sir Thomas W. UPON THE TRUSTS and 
 to and for the intents and purpofes, and with 
 under and fubjet to the powers, provifoes, declara- 
 tions and agreements herein after mentioned, exprefled 
 and declared of and concerning the fame, (that is to 
 Upon truft to fay) UPON TRUST to receive the fame, and there- 
 
 pa y, *3?r*L out to pay unto the faid William Eallett> his execu- 
 
 .ina an cous, , -n. to- i /- i 
 
 &c. tors, admimllrators, and afngns, the faid annuity, or 
 
 yearly fum of 2oo/. mentioned and intended to be 
 hereby granted as aforefaid, during the natural life of 
 him, the faid Sir 'Ihomas W. and all arrears thereof, 
 and all cofts, charges, and expences, (if any) as they, 
 the faid William Hal left and *fohn 'Ihctnpfon, or either 
 of them, their or either of their executors, adminiftra- 
 tors, or affigns, fhall pay, fuftain, expend, or be put 
 unto, for or by reafon or means of the non-payment of 
 the faid annuity, or clear yearly fum of 200.. or any 
 part thereof, at or on the days and times and in the 
 manner herein before exprefled or appointed for the 
 payment of the fame, or the performance of the trufts 
 and the refidue heteby created, exprefled, or declared. AND do and 
 to Grantor. fhall pay the refidue of the faid intereft, dividends, 
 and annual produce and premifes mentioned to be here- 
 by affigned unto the faid Sir Thomas W, and his af- 
 figns, or as he or they fhall order, dire, and appoint; 
 and for no other ufe, intent, or purpofe, whatfoever. 
 Power of attor- AND for the confiderations aforefaid, and the better to 
 ney to receive enable the faid John 'Ihompfon, his executors, adminif- 
 tmftees. S trators, and affigns, to recover and receive the faid in- 
 tereft, dividends, and annual produce of the faid feve- 
 ral fums of p,ioo/. Eaft India ftock, and 2o,ooo/. 
 confol. 3 per cent, annuities, mentioned to be hereby 
 affigned unto the faid John Thornpfon y He, the faid Sir 
 Thomas W. hath made, ordained, conftituted, and ap- 
 pointed, and by thefe prefents DOTH make, ordain, 
 conftitutc, and appoint, the faid John Thotnpfon, his ex- 
 ecutors, adminiftrators, and affigns, and every of them, 
 his true and lawful attorney and attornies irrevocable for 
 him the faid Sir 'Jhotnas IV. and in his name, or in 
 the name or names of him the faid John Thompfon, his 
 executors, adminiftrators, or affigns. BUT upon the 
 
 trulls
 
 APPENDIX OF PRECEDENTS. 154 
 
 trufls aforefaid, to aflc, demand, fue for, recover, and 
 receive of and from the faid Henry Lord M. and Wil- 
 fiam South, and of and from all and every other perfon 
 or perfons liable or intrufted to pay the fame the faid 
 mtereft, dividend, and annual produce mentioned to 
 be hereby affigned, or any part or parts thereof as 
 aforefaid. AND from time to time upon receipt there- 
 of, or of any part or parts thereof, receipts, acquit- 
 tances, or other fufficient difcharges for the fame^ or 
 any part thereof, to make, fign, feal, and deliver; 
 And further to do and execute all and every aft and 
 als requifite and expedient for effecting the premifes, 
 as fully and effectually to all intents and purpofes as 
 he, the faid Sir 'Jhomas W. might and could have done 
 in his own proper perfon, if thefe prefents had not 
 been made. AND the faid Sir Thomas I'/, for him- Covenant that 
 felf, his heirs, executors, and adminiftrators, doth *'*[] S n a 
 hereby covenant, promife, and agree to and with the 
 faid yohn Thompfon y his executors, adminiftrators, and 
 afligns, by thefe prefents, in manner following, (that 
 is to fay) That he the faid Sir Thomas IV. at the time 
 of the fealing and delivery of thefe prefents, hath 
 good right, full power, and lawful authority to bar- 
 gain, fell and affign the faid intereft and dividends 
 hereby affigned, or intended fo to be, and every part and 
 parcel thereof refpe&ively, in the manner herein before 
 exprefied and declared of and concerning the fame. 
 AND that he, the faid Sir Thomas ///". hath not at any And hnth done 
 time heretofore made, done, or committed, or w it- nnai ? ttoin - 
 tingly or willingly permitted or fuffered to be done, 
 any acl:, deed, matter, or thing whatfouver, whereby, 
 wherewith, or by reafon and means whereof, the faid 
 intereft and dividends herein before mentioned, and 
 intended to be hereby affigned, or any of them or any 
 part thereof refpeclively are, is, can, fhall or may be 
 afTigned, affeded, charged, deftroyed, or incumbered, 
 in title, intereft, charge, eftate, or otherwife howfo- 
 ever. AND FURTHER, That he the laid Sir TV And u-m not 
 
 ,,.. , . i -n <i ii i -11 revoke the 
 
 mas W. his executors or admmiltrators lhall and will powers before] 
 at all times hereafter juftify and allow, ratify and con-s iven - 
 firm all and whatsoever the faid John Thimpfon, his 
 
 L 4 executors,
 
 APPENDIX OF PRECEDENTS. 
 
 executors, adminiftrators, and afTigns, fhall lawfully 
 do or caufe to be done in and about the premifes, and 
 fhall not nor will revoke or make void all or any of the 
 powers or authorities hereby given, or in purfuance 
 hereof to be given, to the faid John 1hompfw y his ex- 
 ecutors, adminiftrators, or afligns-, nor do any act 
 whereby the recovery or receipt of the faid intereft and 
 dividends herein before mentioned, or intended to be 
 hereby afligned, may be impeded or delayed. AND 
 
 And for further MOREOVER, That he the faid Sir Thomas W. mall 
 aliuranee. . ... ,. . . , , . , ,. r 
 
 and will from time to time during his natural hie, 
 
 upon every reafonable requeft of the faid "John 1bomp-> 
 fen, his executors, adminiftrators, and afligns, but at 
 the proper colts and charges in the law of the faid Sir 
 Thomas W. make, do, and execute, or caufe and pro- 
 cure to be made, done, and executed, all and every 
 fuch further and other lawful and reafonable at and 
 ats, thing and things, devices, conveyances, aflign~ 
 ments, and aflurances in the law whatsoever, as well 
 for the better, more perfectly and abfolutely giving, 
 granting and confirming of the faid annuity, or yearly 
 fum of 2oo/. hereby granted unto the faid William 
 Mallet^ his executors, adminiftrators, and afligns, in 
 manner aforefaid, as for the further, better, and more 
 perfect, and,, effectually afligning the faid intereft and 
 dividends hereby afligned or exprefled, or intended fo to 
 be unto the faid 'John Thompfon, his executors, admi- 
 niftrators, and afligns, in manner and upon the trulls, 
 and to and for the intents and purpofes herein before 
 declared and exprefled of and concerning the fame, as 
 by the fakl William Hallett and Joh^ Thompfon^ or either 
 of them, their or either of their counfel learned in the 
 law, fhall be reafonably advifed, devifed, and required. 
 Recital that AND WHEREAS upon the treaty for the purchafe 
 "ihoukThe en- of the laid annuity, or yearly fum of 200'. it was 
 rered upon the agreed, That the faid judgment fo to be confefled upon 
 the faid bond, for the faid fum of 2,2oo/. and cofts as 
 aforefaid, fliould be entered on record in the fuid Court; 
 of King's Bench, as of this prefent Michaelmas term, 
 Hilary term next enfuing, or fome other fubfequent 
 : Defe*7 a nce term. NOW THIS INDENTURE WITNESSETH, 
 
 thereon.
 
 APPENDIX OF PRECEDENTS. i$3 
 
 And it is hereby declared and agreed by and between 
 the faid Sir 'Ihornas W. and William Unliett^ that the 
 faid judgment upon the aforefaid bond fliall be con- 
 fidered as a fecurity only for the better and more effec- 
 tually fecuring the payment of the faid annuity, or 
 yearly fum of 2oo/. to the faid William Ha/Sett, his 
 executors, adminiftrators, and affigns, during the na- 
 tural life of the faid Sir Thomas W. at the feveral days 
 and times, and in the manner limited and appointed 
 for the payment thereof, in and by die faid condi- 
 tion to the faid. recited bond, and of fuch propor- 
 tionable part thereof as aforefaid. AND that no exe- 
 cution or executions fliall be ifiued or taken out upon 
 the faid judgment, unlefs and until fome payment or 
 proportion of the faid annuity, or yearly fum of 2oo 7 . 
 or fome part thereof, fhall be in arrears for twenty-one 
 days next after fome or one of the days, or after the 
 times in and by the faid condition to the faid herein 
 before recited bond or obligation, limited and appointed 
 for the payment thereof as aforefaid. PROVIDED 
 ALWAYS, And it is hereby declared and agreed by 
 and between the faid Sir Thomas 7F". and WiLiam Ha!- 
 letty and the faid Sir Thomas IV. for himfelf, his heirs, 
 executors, and adminiftrators, DOTH hereby covenant, 
 promife and agree to and with the faid William Ha!- 
 iett t his executors, adminiftrators, and afligns, That 
 when and fo often as the faid annuity, or yearly fum 
 of 200'. or any part thereof, ihall be behind and un- 
 paid by the fpace of twenty-one days next, over or 
 after any of the days or times mentioned or appointed 
 for payment thereof in the faid condition to the faid 
 bond, that then and fo often and in every fuch cafe it 
 fliall and may be lawful to and for the faid iViiiam 
 HaUett) his executors, adminiftrators, and a (Tigris, to 
 fue out fuch execution or executions upon or by virtue 
 of the faid judgment herein before mentioned, as he 
 or they fliall think fit or be advifed, for the recovery of 
 the arrears of the faid annuity, or yearly fum of 200 7 . 
 and every part thereof j and all cofts and charges which 
 the faid WiLiam Ha!lett> his executors, adminiftnitovs, 
 or affigns, or any of them Ihall bear, pay, fuftain, or 
 
 be
 
 154 
 
 APPENDIX OF PRECEDENTS. 
 
 be put unto, for or by rcafon or means of the non-pay- 
 ment thereof; And that it {hall not be neceffary for the 
 faid JFiltiam Hallett t his executors, adminiftrators, or 
 afligns, to revive or caufe the faid judgment to be re- 
 vived, or to do any al, matter, or thing, to keep the 
 fame on foot, notwithftanding the faid judgment fhall 
 have been entered on record for the fpace of one year 
 or upwards, and notwithftanding any rule or practice 
 of the court in which the faid judgment (hall be entered 
 on record to the contrary. AND that the faid Sir 
 Thomas W. his heirs, executors, or adminiftrators, 
 fhall not nor will have, take, receive, or attempt, by 
 any ways or means to have or receive any advantage 
 from want of reviving or keeping the faid judgment 
 on foot. PROVIDED ALWAYS, And it is hereby 
 agreed and declared, that from and after the deceafe 
 of the faid Sir 1 homas W. and full payment of all ar- 
 rears of the faid annuity, or yearly fum of 2oo/. and 
 fuch proportionable part thereof as aforefaid, and all 
 fuch cofts, charges, damages and expences as afore- 
 faid, and all other cofts, charges, damages and ex- 
 pences in any wife relating to the faid judgment and 
 premifes, he the faid William Hfl'ett, his executors, 
 adminiftrators, or afligns, fhall and will, at the requeft 
 and at the cofts and charges of the heirs, executors, 
 or adminiftrators of the faid Sir Thomas W. acknow- 
 ledge fatisfation of the faid judgment upon the record 
 Recital of a- thereof. AND WHEREAS upon the treaty for the 
 fhe^Tpu'chafe P ur chafe of the faid annuity, or clear yearly fum of 
 onpa>ment 2oo/. herein before mentioned, it was mutually agreed 
 ' S b Y and between the faid Sir Thomas W. and William 
 Hallett, That the faid Sir Thomas W. fhould at any 
 time, at his own pleafure, be at liberty to repurchafc 
 and buy up the faid annuity, or clear yearly fum of 
 2OO/. upon giving unto the faid Witti.t-m Hai>ett y his 
 executors, adminiftrators, or afligns, feven days notice 
 in writing of fuch his intention, and upon paying unto 
 the faid Wiliiam Hallett t his executors, adminiftrators, 
 or afligns, the full fum of 1,300'. being the original 
 purchafe-money, and one half-yearly payment of the 
 laid annuity of 200'. of lawful money of Gre.it Brr-
 
 APPENDIX OF PRECEDENTS. 
 
 tain, as and for the confideration of fuch repurchafe 
 of the faid annuity of 2oo/. together with all arrears 
 that (hall be due on the fame, and a proportionable part 
 thereof from the laft day of payment thereof preceding 
 fuch repurchafe, up to and until the repurchafmg the 
 fame. NOW THIS INDENTURE FURTHER Declaration 
 WITNESSETH, That for effectuating the faid laft men- tothefarae - 
 tioned agreement, and for the confiderations aforefaid, 
 it is hereby agreed and declared, by and between the 
 faid parties to thefe prefents, to be the true intent and 
 meaning of thefe prefents, and of the faid parties. 
 And the faid William Hn:iett for himfelf, his heirs, 
 executors, adminiftrators, and affigns, doth hereby co- 
 venant, promife, and agree to, and with the faid Sir 
 Thomas IV. his heirs, executors, and adminiftrators, 
 and every of them, that in cafe the faid Sir 'Iho-aas IF, 
 fhall at any time hereafter be minded and defirous of 
 repurchafmg the faid annuity, or yearly fum of aoo/. 
 and of fuch his intention fhall give unto the faid Wil- 
 liam HfiUttty his executors, adminiftrators, or affigns, 
 notice in writing by the fpace of feren days, that he 
 the faid Willivm Halletty his executors, adminiftrators, 
 or affigns, fhall and will at the expiration of fuch 
 feven days, from the time fuch notice fhall be given as 
 laft aforefaid, on receiving all and every fum and fums 
 of money whatfoever that fhall be due for the arrears 
 of the faid annuity of 2oo/. together with a propor- 
 tionable part thereof from the laft day of payment 
 thereof preceding fuch repurchafe, up to the day of 
 repurchafing the fame as aforefaid, accept, receive, and 
 take the faid fum of 1,300.'. as and in full for the re- 
 purchafe of the faid annuity, or yearly fum of 2oo/. 
 fecured as aforefaid. AND on receipt of the faid fum 
 of i,3oo/. and all arrears of the faid annuity, or clear 
 yearly fum of 2oo/. fecured as aforefaid, and fuch pro- 
 portionable part thereof as aforefaid, fhall and will at 
 the proper cofts and charges in the law of him the faid 
 Sir 'Iho.-nas W. deliver up the laid bond and thefe pre- 
 fents to the faid Sir I'honas W. to be cancelled, and 
 acknowledge or caufe fatisfaction to be acknowledged 
 on the record of the faid judgment, that fhall be en- 
 tered
 
 APPENDIX OF PRECEDENTS. 
 
 tered up by virtue of the faid warrant of attorney, and 
 then and in fuch cafe the faid annuity, or yearly fum of 
 2OO/. and all powers and authorities, herein contained, 
 for recovering the fame and enforcing the payment 
 thereof (hall ceafe, determine, and be void, any thing 
 herein contained to the contrary thereof in any wife 
 notwithstanding. In witnefs, &c. 
 
 No. IX. 
 
 A FF.ME COVERT in tit led to Dividends of 
 Stock Jtanding in the Name of the Account- 
 ant General of the Court of Chancery, for 
 her Life, together tilth her Husband af- 
 Jigns the fame for f ecu-ring an Annuity for 
 her Life, which is likewife fecitred by the 
 Bond of' the Husband, in which is contained 
 a Power for the Grantee to apply to the 
 Court for an Order for Payment of the Di- 
 vidends to him, and to confent thereto on Ke~ 
 half of the Grantors, and at their E.rpencc*. 
 
 Parties. THIS INDENTURE made, &c. between John 
 
 Hally of, &c. gent, and Hannah his wife, of the one 
 part, and Matthew Hunt, of, &c. Efq. of the other part. 
 
 Recital of a de- WHEREAS by a decree or decretal order of the High 
 
 creeinthe Court of Chancery, bearing date the inth day of Fe- 
 
 courtofcharu u i , r t 
 
 eery, whereby bruary, 1790, and made in a cauie then and now de- 
 
 the grantor's pending, wherein Ann Hill, widow, and Charlotte 
 wifeismtitled /> // / j , e , . r TT ,, i i TV 
 to dividends of Hall (daughter of the defendants Hall and his wife) 
 flock for her 
 life. 
 
 * See Petition to the Court of Chancery for payment of the divi- 
 videnUsto the purchafer, table of conteutSj No. 40. 
 
 an
 
 APPENDIX OF PRECEDENTS. 157 
 
 an infant, by the faid Ann Hill, her next friend and 
 others are plaintiffs, the faid John Hall and Hannah 
 his wife, and the Governor and Company of the Bank 
 of England and others are defendants, IT is ftated, 
 that upon opening of the matter that day unto the Right 
 Hon. the Lords Commiffioners of the Great Seal of 
 Great Britain by Mr. Maddocks, being of counfel for 
 the defendants HaHand his wife, it was alleged, That 
 John Hill the defendant, Hannah Hall's father, de- 
 ceafed, by his will, bearing date the 2d day of Decem- 
 ber 175 5, amongvt other things bequeathed unto Tho- 
 mas Connor and Richard Emans, 3OOO/. upon truft, to 
 place out the fame on real or government fecurities,' 
 and apply the dividends and intereft thereof towards 
 the maintenance and education of his daughter (the de- 
 fendant) until me mould attain the age of twenty-one 
 years, or be married with fuch confent as after men- 
 tioned) and did thereby direct his faid truftees to pay 
 the faid 30007. to his laid daughter at her faid age of 
 twenty-one years or day of marriage, provided that in 
 cafe his faid daughter mould intermarry without the 
 confent of his faid wife (if then living) but if dead, 
 without the confent of his executors, then the intereft 
 of the faid portion of his daughter Ihould only be paid 
 to her during her life, for her fole and feparate ufe 
 (exclufive of any hufband); And that upon the death of 
 his faid daughter, marrying without fuch confent as 
 aforefaid, the portion fo intended for her, (hould go 
 to and be paid for the benefit of the child or children 
 of his faid daughter, equally between them, at their 
 refpetive ages of twenty-one years, or day of mar- 
 riage, and the intereft thereof, until the principal {hould 
 become payable, mould be applied towards the main- 
 tenance and education of fuch children, and appointed 
 his wife and the faid Thomas Conner and Richard 
 Emans executors of his faid will (who were all fince 
 dead;; That the defendant, Hannah Hall daughter of 
 the faid tellator, intermarried with the defendant John 
 Hall, in the life-time of her faid mother, and without 
 hef confent, whereby fhe became only intitled to re- 
 ceive for her feparate ufe the intereft of die faid 3ooo/. 
 
 during
 
 15* APPENDIX OF PRECEDENTS. 
 
 during her life ; That after the death of the faid tef- 
 tator, Thomas Connor and Richard Eman^ with the faid 
 3000 . purchafed 35oo/. 4 per cent, confol. Bank an- 
 nuities ; That the laid Connor y after the deceafe of the 
 faid EinaHs, transferred the faid ftock fo as to veil the 
 fame in himfelf and Charles Lucas; That the faid Connor 
 was fince dead, whereby the faid 3 SOD/. 4 per cent. 
 Bank annuities was then become folely veiled in the faid 
 Char'cs LttcaSy-wlio was defirous to transfer the fame into 
 the name of the Accountant-General of the faid court 
 in truft in the faid caufe; And therefore it was pray- 
 ed that the faid Mr. Charles Lucas might be at liberty 
 to transfer the faid 35oo/. 4 percent, confol. Bank an- 
 nuities into the name and with the privity of the Ac- 
 countant-General of the faid court, in truft in the faid 
 caufe; And that he might declare the trufts thereof ac- 
 cordingly, fubjel to the further order of the faid 
 court, and that the intereft that fhould accrue due on 
 th-j faid 4 per cent. Bank annuities might be paid unto 
 defendant Hannah Ha!/, according to the will of 'John 
 Hilly her father, deceafed, until the further order of 
 the faid court; And that the Accountant-General might 
 draw on the Bank for the fame, according to the form 
 prescribed by the adl of parliament for the relief of the 
 iuitors of the faid court, and the general rules and orders 
 of the faid court in that cafe made and provided; which 
 upon hearing of, Mr. Jones, of counfel with the faid 
 Mr. LucaSy who confented thereto, was ordered accord- 
 ingly. AND WHEREAS the faid fum of 35007. 4 
 per cent, confol. Bank annuities was in purfuance of 
 the faid decree or decretal order, transferred by the 
 faid Charles Lucas to the faid Accountant-General, and 
 which now {lands in his name in truft in the faid caufe j 
 the intereft of which faid fum has been fince reduced 
 to 3 per cent, and is now called 3 per cent, reduced 
 -~ Bank annuities - AND WHEREAS the faid Matthew 
 nuity. Hunt hath contracted and agreed with the faid John 
 
 Hail and Hannah his wife for the abfolute purchafe 
 of one clear annuity, or yearly fum of 8o/. of lawful 
 money of Great Lritain, during the natural life of the 
 faid Hannah Hall t at or for the price or fum of 6$ol. 
 
 out
 
 APPENDIX OF PRECEDENTS. 159 
 
 out of which faid fum of 6407. it was agreed upon the 
 treaty for the purchafe of the faid annuity, That the 
 cofls and charges attending the contract for the faid 
 annuity, and for preparing and perfecting the feveral 
 fecurities for the fame, and for preparing and inrolling 
 a memorial thereof, and likewife the cofts of obtaining 
 the order herein after mentioned, fhould be borne and 
 paid by the faid John Hall and Hannah his wife. (Re- Recital of bond 
 cite a bond from faid John Hall, as in precedent No. 7111.) for paj of 
 NOW THIS INDENTURE WITNhSShTH, That confidaatkm*. 
 for the considerations aforefaid, and for and in confi- 
 deration of the fum of 640.''. of lawful, &c. to the faid 
 John Hall and Hannah his wife, in hand well and 
 truly paid by the faid Matthew Hunt, at or before the 
 fealing and delivery of thefe prefents, the receipt of 
 which faid fum of 640!. they the laid John Hall and 
 Hannah his wife do, and each of them doth hereby 
 admit and acknowledge, and of and from the fame and 
 every part thereof do, and each of them doth hereby 
 acquit, releafe, and for ever difcharge the faid Mat- 
 thew Hunt, his executors, adminiftrators and affigns, 
 out of which faid fum of 6407. they the faid John 
 Hall and Hannah his wife, immediately after receiv- 
 ing the fame, paid to R. W. of g ent - the 
 
 fum of for attendances refpecling the granting 
 
 of the faid annuity, and for preparing and perfecting 
 the feveral fecurities for the fame, and for preparing 
 and inrolling a memorial thereof i they the faid John- 
 Hall and Hannib his wife have, and each of them 
 hath bargained, fold, afligned, transferred, and fet 
 over, and by thefe prefents do, &c. unto the faid 
 Mbttheiv Hunt, his executors, adminiftrators, and af- 
 figns, all the intereft, dividends, and annual produce Affi nmento f 
 of the faid fum of 35007. now called three per cent, dividends to 
 reduced annuities, fo {landing in the name of the faid S"^ " 
 Accountant-General, and to which fhe the faid Han- j ng annuity. 
 n-.ih Hail, or the faid John Hall in her right, is intitled 
 for her life, under and by virtue of the faid will of her 
 faid late father deceafed, and which by the faid herein 
 before recited decree or decretal order is directed to be 
 paid toherduringhcrlifeasaforefaid. AND all the right,. 
 
 title,
 
 ,5 APPENDIX OF PRECEDENTS. 
 
 title, intereft, truft, property, claim, and demand 
 \vhatfocvcr, a* well legal as eqitable, of them the faid 
 'Join //<?// and liann ,/.< his wife, and each of them of 
 in to or out of the lame, to have, hold, receive, per- 
 ceive, take and enjoy the faid intereft, dividends, 
 and annual produce, and premifes herein before men- 
 tioned, and intended to be hereby afligned unto the faid 
 Matthew Hunt, his executors, adminiilrators, and af- 
 figns, for and during the natural life of her, the faid 
 Hi.nn.Ji Hul'y upon the truftsand to and for the ends, 
 intents and purpofes, and under and fubjecl to the 
 powers, provifoes, declarations, and agreements here- 
 in after mentioned, exprefled and declared of and con- 
 cerning the fame. AND it is hereby declared and agreed 
 by and between the faid parties to thefe prefents, That 
 the faid Matthew I hint, his executors, adminiftrators, 
 and affigns, fhall from henceforth ftand and be pof- 
 fefled of and interefted in the intereft, dividends, and 
 annual produce, and premifes herein before mentioned, 
 and intended to be hereby afligned, for and during the 
 natural life of her the faid Hannah Hal/, upon the 
 trulls and to and for the intents and purpofes, and under 
 and fubjecl to the powers, provifoes, declarations and 
 agreements herein after mentioned, exprefled and de- 
 flared of and concerning the fame, (that is to fay) 
 UPON TRUST for better fecuring to him the faid 
 Matthew Hunt, his executors, adminiftrators, and af- 
 iigiis, the payment of the faid annuity, or clear yearly 
 fum of 8o/. during the natural life of the faid Hann.'h 
 Hatty And for that purpofe that he the faid Matthew 
 Hunt, his executors, adminiftrators, and afligns, do 
 and fhall retain, pay, apply, and difpofe of the fame 
 intereft, dividends, and annual produce, and premifes, 
 as the fame (hall be received in the firil place in fatis- 
 faftion and difcharge of all fuch funi and fums of 
 money as fhall or may hereafter grow due and become 
 payable unto him the faid Matthew Hunt, his execu- 
 tors, adminiftrators, or afligns, for or on account of 
 the faid annuity, or yearly fum of 8o/. and which Ihal] 
 be then due and owing to him, them, or any of them, 
 And alfo all fuch cofts, charges, and expences what- 
 
 foever,
 
 APPENDIX OF PRECEDENTS. 161 
 
 focver, as he the faid Matthew Hunt, his executors, 
 adminiftrators, or afligns, or any of them {hall fufter, 
 fuftain, or be put unto by reafon or means of the non- 
 payment of the faid annuity, or yearly fum of 8o/. or 
 any part thereof, or for or in refpedt of any other 
 matter or thing relating thereto, or in the execution of 
 the trufls hereby veiled or repofed in the faid Matthew 
 Hunt, his executors, adminiftrators, and afligns. AND 
 UPON TRUST from time to time after the faid 
 annuity, or yearly fum of 8o/. (hall be paid and 
 fatisfied, to pay, apply, and difpofe of the refidue 
 and overplus of the faid intereft, dividends, and an- 
 nual produce, and premifes mentioned to be hereby 
 afligned, and which fhall be received by the faid Mat- 
 thew Hunt, his executors, adminiftrators, and afligns, 
 unto the faid Hannah Hall, and her afligns, or as ihe 
 or they mould order, diret, or appoint, and for no 
 other purpofe whatsoever. AND for the confidera- p wer ofattor. 
 tions aforefaid, and the better to enable the faid Mat 
 thew Hunt, his executors, adminiftrators, and afligns, 
 to recover and receive the intereft, dividends, and an- 
 nual produce, and premifes mentioned, and intended 
 to be hereby afligned and appointed as afcrefaid, they 
 the faid 'John Hall and Hannah his wife have, and 
 each of them hath, and by thefe prefents do and each 
 of them doth make, ordain, conftitute and appoint the 
 faid Matthew Hunt, his executors, adminiftrators, and 
 alfigns, and every of them, their true and lawful attor- 
 ney and attornies from them, the faid John Halt and 
 Hannah his wife, and in their names or in the name 
 of her the faid Hannah Hall, or in the name of 
 him the faid Matthew Hunt, his executors, or admi- 
 niftrators, or otherwife, but upon the trufts aforefaid, 
 to afk, demand, fue for, recover, and receive of and 
 from the Accountant-General of the Court of Chan- 
 cery, and of and from all and every other perfon or 
 perfons liable or intrufted to pay the fame, the faid 
 intereft, dividends, and annual produce of the faid 
 fum of 35oo/. now called 3 per cent, reduced annui- 
 ties, and all and every warrant and warrants, draft and 
 drafts drawn and made payable to the faid Hann h 
 Hall, for or in refpeft of fuch intereft or dividends, 
 M and
 
 162 APPENDIX OF PRECEDENTS. 
 
 and for her and in her name to give all proper and! 
 neceflary receipts and difcharges for the fame, or any 
 part thereof; And from time to time during her life to 
 indorfe the name of her the faid Hannah Hall upon 
 all and every fuch warrant- and warrants, draft and 
 drafts, that ihall be drawn by the faid Accountant- 
 General, and payable to the faid Hannah Hall, for the 
 interefl and dividends of the faid fum of 35oo/. now 
 called 3 percent, reduced annuities, and with power 
 to fubflitute, depute, and appoint under him or them, 
 any other perfon or perfons from time to time for the 
 Authority for fe^e en( j s and purpofes. AND the faid John Hall 
 piv'uuhe'couit and Hannah his wife do, and each of them doth here- 
 of Chancery for ov authorife and empower the faid Matthew Hunt, his 
 an order tor i -/i n- i i i 
 
 payment of di- executors, admmiitrators, or amgns, either m his or 
 
 /idends to him- their name or names, or in the name of her the faid 
 
 felt at tne ex- ,-,. r rT ,, * r ,, 
 
 pence of grant- Hannah HaU, or otherwiie to apply by petition, or 
 r, and t<> de- otherwife to the faid Court of Chancery, for the pur- 
 <wct ti'p fame rr : _n.i. r__r sj j j j 
 
 outofdivi-, pole or carrying the aioreiaid recited decree or decretal 
 
 dends. order and this prefent indenture into execution, and that 
 
 the expence of fuch application {hall be borne and paid 
 by them the faid John Holland Hannah his wife. And 
 for that purpofe the faid John Hall and Hannah his 
 wife do, and each of them doth hereby direct the faid 
 Matthew Hunt, his executors, adminiftrators, and af- 
 ligns, to take and deduct out of fuch monies and pre- 
 mifes fuch expences accordingly , And further, to do 
 and execute all and every other act and acts requifite 
 or expedient for effecting the premifes, as fully and 
 effectually to all intents and purpofes as they the faid 
 John Hall and Hannah his wife, or either of them, 
 might or could have done in their, his, or her own pro- 
 per perfons, if thefe prefents had not been made and ex- 
 mttOTuri * Ccuteti> ( ^** covenant to pay annuity. Precedent No. Fill), 
 Wife have done AND the faid John Hall, for himfelf, his executors 
 ?umher t0 in " and adminiftrator s> doth covenant, promife, and agree, 
 to and with the faid Matthew Hunt, his executors, 
 adminiftrators and afligns, by thefe prefents, in manner 
 following, (that is to fay) That they the faid John Hall 
 and Hannah his wife, have not, nor hath either of them 
 at any time heretofore, made, done, or committed, or 
 
 wittingly
 
 APPENDIX OF PRECEDENTS. 1^3 
 
 wittingly or willingly fuffered to be done, any act, 
 deed, matter, or thing whatfoever, whereby, or by 
 means whereof, the intereft, dividends, and annual 
 produce, and premifes herein before mentioned, and 
 intended to be hereby afligned and appointed, or any 
 pare thereof, are, is, can, mall, or may be charged, 
 afligned, appointed, incumbered, or in any way af- 
 feded. AND ALSO, That they the faid John Hall And that 
 and Hannah his wife, now at the time of the fealing wSrVhui- 
 and delivery of thefe prefents, are, or one of them is, tied to receive 
 well intitled to receive the fame intereft, dividends, dmdendi - 
 and annual produce, and premifes, during the life of 
 the faid Hnnah Hall. AND FURTHER, That they And that they 
 the faid John Hall and Hannah his wife mail and will, will ratify all 
 at all times hereafter, juftify and allow, ratify and"' 
 confirm, all and whatfoever the faid Matthew Hitnt> 
 his executors, adminiftrators, and affigns, mail law- 
 fully do or caufe to be done in and about the premifes } 
 'and ihall not, nor will revoke, or make void, any of 
 the powers or authorities hereby given, or in purfu- 
 ance hereof to be given to the faid Matthew Hunt, his 
 executors, adminiftrators, or affigns, or any of them, 
 nor do any acl: whereby the recovery or receipt of the 
 faid intereft, dividends, and annual produce and pre- 
 mifes, may be impeded or delayed. AND MORE- And for further 
 OVER, That they the faid John Hall and Hannah affurance - 
 his wife, their executors, or adminiftrators, and all 
 and every other perfon or perfons whatfoever, having, 
 or lawfully claiming, or wlio mall or may hereafter 
 have, or lawfully claim any eftate, right, title, or in- 
 tereft at law, or in equity, into or out of the faid in- 
 tereft, dividends, and annual produce herein before 
 mentioned, and intended to be hereby afligned, or any 
 of them, or any part thereof, by from or under them, 
 or any of them, mall and will from time to time and 
 at all times hereafter, at and upon the reafonable re- 
 queft of the faid Matthew Hu>it y his executors, admi- 
 niftrators, or aflTgns, but at the proper cofts and 
 charges in the law of them the faid John Hall and 
 Hannxh his wife, make, do, and execute, or caufe or 
 procure to be made, done, and executed, all and every 
 M 2 fuch
 
 j$4 APPENDIX OF PRECEDENTS. 
 
 fuch further and other lawful and reafonable aft and 
 als, thing and things, aflignments and appointments, 
 in the law whatfoever, for the further and better, more 
 perfect and abfolute afTigning and appointing the faid 
 intereft, dividends, and annual produce herein before 
 mentioned, and intended to be hereby afligned and ap- 
 pointed as aforefaid, unto the faid Mattheiv Hunt, his 
 executors, adminiftrators, and afligns, as by the faid 
 Afat:heiv Httnty his executors, adminiftrators, and 
 afligns, or his their or any of their counfel learned in 
 law fhall be reafonably devifed, advifed, or required. 
 In witnefs, &c. 
 
 No. X. 
 
 GRANT of an ANNUITY by a Military Gen- 
 tleman for his Life, fecured by an Affign- 
 ment of Dividends of South-Sea Stock, and 
 the Intcrejl of Money on Mortgage, (to 
 which he is intitled under his Marriagc-Set- 
 tkment) to a Truftee, for better fecuring 
 the fame ; as likewife for fecuring any extra 
 Expence of In/urance, which the Grantee 
 may pay on the Grantor s leaving the King- 
 dom on Military Service ; which the Grantor 
 
 . covenants to do. And with Directions to the 
 Trujlees under the Settlement not to difpofe 
 of the South- Sea Annuities (winch they are 
 empowered to do under the Settlement) with- 
 out the Con font of Grantee, where the Con- 
 Jideration- Money is paid Part in Cajh, and 
 Part by a Banker's Cheque. 
 
 Panic.. THIS INDENTURE TRIPARTITE made, &c. 
 
 between Thomas Vince, of, &c. of the firft part j Jafob 
 
 fito,
 
 APPENDIX OF PRECEDENTS. ,6r 
 
 Fifi, of, &c. of the fecond part ; and Robert White, 
 
 of, &c. of the third part. WHEREAS by indenture Recital of mar- 
 
 tripartite, bearing date the day of in ' iase fetlle - 
 
 r T j , , . ment, whereby 
 
 the year or our L.ord and made or exprefled to the grantor is 
 
 be made, between the faid Thomas Vince of the firft ! ntitle ^ to the 
 part ; John Good, of, &c. Efq. and Elizabeth Goody vidends of cet- 
 only daughter of the faid John Good, of the fecond Lail l f ums in 
 
 7 n 7 . ni-r e o T-r cr-i r ponemon and 
 
 part ; and Robert JDlys, or, &c. r,lq. Ihomas Po-wley, others in rrver- 
 of, &c. Efq. Thomas Barnes, of, &c. Efq. and James fl ( 9 Thhl ' l( z> 
 Wright, of, &c. Efq. of the third part; RECITING,. Td 
 That a marriage had beenagreed upon and was intended 
 to be foon had and folemnized between the faid Thomas 
 rirrctznd the faid Elizabeth Good-, AND RECITING, 
 That the faid Thomas Vince was intitled (among other 
 things) to the fum of iooo/. 4 per cent. Bank annuities 
 in poffiefiion, and alfo to the fum of 30007. of like 4 per 
 cent. Bank annuities, given him by the will of George 
 Rey, lately deceafed, in reverfion after or expectant 
 upon the deceafe of his mother, Mrs. Mary Hey, and 
 likewife to the fum of 5007. of like 4 per cent. Bank 
 annuities, expectant upon the deceafe of John Steivart, 
 and fettled upon him the faid John Stewart for his 
 life ; AND RECITING, That the faid Elizabeth 
 Good was intitled to the capital or principal fum of 
 2ioo/. 3 per cent, new South-Sea annuities, (being 
 her mare of the prefent accumulated fund under the 
 will of Dame Mary CroJJe, deceafed) and was alfo in- 
 titled to the capital or principal fum of iooc/. like 
 annuities, given to her by the will of Elizabeth Day, 
 deceafed, expectant upon the deceafe of Mrs. Prifcilla 
 Good, and that the faid Elizabeth Good was likewife in- 
 titled to a moiety or half part of fome other contingent 
 {hare or intereft of and in the rents and profits of cer- 
 tain leafehold eftates and tenements, given by the faid 
 will of the faid Dame Mary CroJJe, for the benefit of 
 the daughters and younger children of the faid John 
 Good-, AND RECITING, That on the treaty for the 
 faid recited marriage, it had been propofed and agreed, 
 that the faid feveral capital or principal fums of iooo/. 
 3ooo/. oo/. 2ioo/. and iooo/. and the faid moiety 
 and other contingent intereft under the faid will of the 
 M 3 faid
 
 APPENDIX OF PRECEDENTS, 
 
 faid Dame Jl'ary Cro/e, to which the faid Thomas 
 Vince and E.izaieth Good were refpeftively intitkd as 
 aforefaid, fliould be vefted in truftees, (fubjed as to 
 the faid 3ooo/. and 5Oo/. part of the property of the 
 faid T/xuis Vince, to the liferintereft of the faid Ai<try 
 Ha\ and John Stewart in the fame refpedively, and 
 alfo fubjeel as to the faid icoo'. part of the property 
 of the faid Elizabeth Good y to the life-intereft therein 
 of the faid Prifcilla Good), in truft to pay the intereft, 
 dividends, and yearly proceeds thereof, to the faid 
 Thomas Vincey during his life, as therein and herein 
 after exprefled ; And it had been alfo propofed and 
 agreed, that all and every or any fuch manors, lands, 
 hereditaments, and real eftates, goods, chattels, and 
 perfonal eftate, or fortune, as fhould or might defcend 
 or corne to or devolve upon the faid Elizabeth 
 Goody or the faid Thomas Vincey in her right after the 
 faid intended marriage, {hould be conveyed and fettled 
 upon truft, (in failure of iflue of the faid intended 
 marriage) for die feparate difpofal of the faid Elizabeth 
 Gtody as therein and hereinafter is mentioned ; AND 
 RECITING, That in purfuance and part performance 
 of the faid marriage agreement, the faid capital or prin- 
 cipal fum of icoo/. 4 per cent. Bank annuities, part 
 of the fortune of the faid Thomas Vince, and the faid 
 capital or principal fum of 2ioo/. 3 per cent, new 
 South-Sea annuities, part of the portion or fortune of 
 the faid Elizabeth Good y to which they were refpec-r 
 tively intitled in poffeffion as aforefaid, had been re-r 
 fpeftively transferred unto and were then (landing in 
 the names of the faid Robert Blifs y Thomas Potuleyy 
 Thomas Barnesy and 'fames Wrighty in the books of the 
 Bank of England and South-Sea Houfe, IT IS WIT- 
 NESSED, That in confideration of the faid intended 
 marriage, and of the portion or fortune of the faid 
 Elizabeth Goody and of the covenant and agreement 
 thereinafter contained, for fettling the fame as afore- 
 faid, and in order to make provition for the faid Eli- 
 zabeth Goody for or in nature of a jointure, and in lieu 
 and bar of dower, in cafe the faid intended marriage 
 fhould take effect, and (he Ihould happen to iurvive 
 
 the
 
 APPENDIX OF PRECEDENTS. 167 
 
 the faid Thorn -* Vince, her intended hufband, and for 
 making provifion alfo for the iflue of the faid intended 
 marriage, the faid 'Thomas Vince did for himfelf, his 
 heirs, executors, and adminiftrators, and every of them, 
 covenant, promife, grant and agree to, and with the 
 faid Robert B/ifs, Thomas Poivley, Thomas B :rncs, and 
 James Wright, their executors and adminiftrators, that 
 the laid Thomas Vince, his executors and adminiftra- 
 tors, fhould and would at any time after the folemniza- 
 tion of the faid intended marriage between him and the 
 faid Elizabeth Good, fhould be had and folemnized 
 upon the requeft of the faid Robert Biifs, Thonus Poiu- 
 ley, Thomas Barnes, and James Wright, or any of 
 them, but at the cofts and charges of him the faid 
 Thomas Vince, his executors or adminiftrators, by fuch 
 proper and effectual deed or deeds, aflurance or afTur- 
 anccs, ways or means, as the counfel learned in the 
 law of the faid Robert Blifs, Thomas Powley, Thomas 
 Barnes, and 'James Wright, or any of them, their or 
 any of their executors, or adminiftrators, fhould be 
 reafonably devifed, advifed, and required, effectually 
 affign, transfer, and aflure the faid two feveral fums 
 of 3coo/. and 5007. 4 per cent. Bank annuities, (fub- 
 je6t to the life eftates therein refpe&ively as aforefaid 
 of the faid Mary Hay and John Stewart), unto the faid 
 Robert Elij"), Thomas Ponvley, Thomas Barnes, and 
 "James Wright, their executors, adminiftrators, and 
 affigns, with full and proper powers for them, the faid 
 truftees, their executors, or adminiftrators, to fecure, 
 recover, and receive the fame, and every part thereof, 
 upon the feveral trufts ; neverthelefs, and to and for the 
 feveral ends, intents, and purpofes, and with, under, 
 and fubjecl: to the feveral powers, provifoes, declara- 
 tions, and agreements thereinafter in the faid inden- 
 ture expreffed and declared, or agreed upon, touching 
 and concerning the fame. AND IT IS FURTHER 
 WITNESSED, That in con fidera tion of the faid in- 
 tended marriage, and of the provifion agreed to be 
 made by the faid Thomas Vince, for the faid Elizabeth 
 Good, in cafe the faid intended marriage fhould take 
 effeci, and (he fhould furvive the faid Thomas Vince, 
 M4 her
 
 , 68 APPENDIX OF PRECEDENTS. 
 
 her intended hufcand, and the iflue of the faid intend- 
 ed marriage, the faid Elizabeth Goody by and with the 
 confent of the faid Thomas Vince, her intended huf- 
 band, teftified as therein mentioned, did for herfelf, 
 her heirs, executors, and adminiftrators, covenant, 
 promifc, grant, and agree to and with the faid Robert 
 /ifs, Thomas Poiv ey, "Thomas Barnes, and James 
 Wright, their executors and adminiftrators, that fhe 
 the faid Elizabeth Good, her executors or adminiftrators, 
 Jhould and would, at any time after the intended mar- 
 riage between her and the faid Thomas Vince mould 
 be had and folemnized, upon the requeft of the faid 
 Robert Blifs, ihomas Poivky, Thomas Barnes, and 
 "James Wright, their executors, adminiftrators, or afi 
 figns, together with the faid Thomas Vince, her intend- 
 ed hufband, by fuch good and effectual aflignment or 
 aflignments, or other at or als in the law as by 
 counfel mould be thought requifite and advifed, effec- 
 tually afiign and transfer. AND the faid Thomas Vince 
 did covenant, promife, and agree to and with the faid 
 Robert B/ifs, 'Jkomas Poivley, Thomas Barnes, and 
 "James Wright, their executors and adminiftrators, that 
 he the faid Thomas Vince, his executors or adminiftra- 
 tors, fliould and would join and concur in conveying, 
 affigning, fettling, and affuring, as well the faid prin- 
 cipal or capital fums of iooo/. 3 per cent, new South- 
 Sea annuities, to which fhe the faid Elizabeth Good 
 was intitled under the will of the faid Eliza 1 eth Da^\ 
 as aforefaid, expectant on the deceafe of the faid Frif- 
 ci. a Good; as alfo all and fingular the aforefaid moiety 
 or half part of all other the contingent (hare and inte-r 
 reft of her the faid Elizabeth Good, of and in the 
 rents and profits of the aforefaid leasehold eilates and 
 tenements, given by the will of the faid Dame Mary 
 CroJJe, as well thofe then already accrued and accumu- 
 lated as thereafter to grow due, and all the eftate and 
 intereft whatfoever of her the faid E izabcth Good and 
 of him the faid Thomas :'ince t of and in the fame unto 
 the faid R.bert Blifs, Thomas PowUy, Thomas arne^ 
 and James 1 J /right, their executors, ndminiftratprs, 
 and affigns, refpe&ively upon the feveral trufts, and 
 
 to
 
 APPENDIX OF PRECEDENTS. 169 
 
 to and for the feveral ends, intents, and purpofes, and 
 with and fubjecl: to the feveral powers, provifoes, de- 
 clarations and agreements, thereinafter exprefled and 
 declared, or agreed upon, touching or concerning the 
 fame. AND it is thereby agreed and declared between 
 and by all the parties thereto, That in the mean time, 
 and until the faid intended marriage mould be had and 
 folemnized, as well the faid Robert hlifs, Tho/nas Poiu- 
 ky, Thomas Barnes, and Barnes Wright, and the fur- 
 viors and furvivor of them, and the executors and ad- 
 miniftrators of fuch furvivor, as all and every other 
 perfon and perfons whomfoever, in whom the faid fe- 
 veral trufl-funds and premifes, or any of them were 
 or fhould be inverted, mould ftand pofiefied of thq 
 fame, and every part thereof, in truft for and for the 
 benefit of the perfon and perfons then intitled to the 
 fame, and every part thereof refpectively, according 
 to their then prefent refpetive interefts therein. AND 
 that from and after the folemnization of the faid in- 
 tended marriage, they the faid Robert Bl'-fs^ Tboma.r 
 Poivley, Thomas Barnes, and 'James Wright, and the 
 furvivors and furvivor of them, and the executors or 
 adminiftrators of fuch furvivor, and all and every fuch 
 other perfon and perfons as aforefaid, fhould ftand and 
 be poffcfled of and interefted in as well all and every 
 the faid capital or principal fums of 1000'. 30007. 
 500'. 2100 . and iooo/. and the ftocks, funds, and 
 fecurities, in and upon which the fame were refpec- 
 tively laid out and inverted; as alfo all and fingular 
 the aforefaid moiety or half part, and other the contin- 
 gent intereft of the faid Elizabeth Good, given and be- 
 queathed by the will of the faid Dame Mary Croffc, 
 (fub et as therein before is mentioned) upon and for 
 the feveral trufts, intents, and purpofes, and with, 
 under and fubjet to the feveral powers, provifoes, 
 declarations, and agreements thereinafter mentioned, 
 exprcflcd and declared, touching and concerning the 
 fame refpedively, (that is to fay) UPON TRUST, 
 That they the laid Robert Blijs, Thomas Powey, '// 
 titn Barnes, and 'fumes Wright, and the furvivcrs and 
 furvivor of them, and the executors, adminiftrators, 
 
 and
 
 APPENDIX OF PRECEDENTS. 
 
 and afligne of fuch furvivor, fliould and did, by and 
 with the confcnt and approbation of the faid 2 homas 
 Vince and EHzabe.h Goody or the furvivor of them, and 
 after the deceafe of the furvivor of them, at the dif- 
 cretion of the faid truftees for the time being, either 
 continue the faid principal or capital fums and pre- 
 mifes in the flocks, funds, and fecurities whereon the 
 fame were then placed out, or elfe fell, transfer, and 
 difpofe of the fame, or any part thereof, and mould 
 and did place out the money arifing and to be pro- 
 duced by fuch fale, transfer and difpofition, in other 
 public funds, or on government or real fecurities at 
 intereft, in the names or name of them the faid Ro- 
 b.rt hlifi) 'ihomas Po-wlcy^ Thomas larne^ and James 
 Wiigirt, or the furvivors or furvivor of them, or the 
 executors, adminiftrators, and afligns, of fuch fur- 
 vivor, and fo from time to time to call in the fai-i prin- 
 cipal money fq to be placed out, and place out the 
 fame again upon new or other funds and fecurities of 
 the like nature, and pay, apply, and difpofe of the 
 intereft and yearly proceed arifing, and to be pro, 
 duced from the fad ftocks, funds, and fecurities in 
 manner thereinafter mentioned, :that is to fay) {hould 
 and did pay, apply, and difpofe of the faid dividends, 
 intereft and yearly proceed, as the fame fhould from 
 time to time become due and payable, or otherwife by 
 and under proper powers and authorities for that pur- 
 pofe, permit and fuffer the fame to be received by the 
 (aid Ihomas Vince^ and his afligns, for and during the 
 term of his natural life, and from and after his deceafe, 
 upon fuch trufts as are thereinafter mentioned. AND 
 IT IS FURTHER WITNESSED, That in further 
 purfuance of the faid agreement entered into upon the 
 treaty for the faid intended marriage, and in confidera-, 
 tion of the fame marriage, the faid Thomas Vince for 
 himfelf, his heirs, executors, adminiftrators, and af- 
 figns, did covenant, grant, and declare to and with 
 the faid Robert JS/ifs, Thomas Poiuley, Thomas Barnes^ and 
 James 14 right, their heirs, executors, adminiftrators, 
 and afligns, that in cafe the faid intended marriage 
 fhould be had and folemnized, and any manors, lands, 
 
 and
 
 APPENDIX OF PRECEDENTS. 171 
 
 and hereditaments, money, goods, chattels, or other 
 perfonal eftate, or fortune, fhould at any time during 
 the faid intended coverture, be fettled upon, defcend, 
 or be given or bequeathed, or otherwife devolve upon 
 or come to her the faid Elizabeth Good, or the faid 
 Thomas Vince, in her right, then that he the faid 7 ho- 
 inas Vince fliould and would, from time to time, and at 
 all times thereafter, as often as occafion fhould be or 
 require, upon any reasonable requeil of the faid Ro- 
 bert Blifs, Thomas Pouv/ey, Thomas Barnes, and 'James 
 Wright^ their executors, adminiftrators, or affigns, or 
 any of them, their or any of their counfel learned in 
 the law, but at the cofts and charges of the feparate 
 eftate of the faid Elizabeth Good, either alone or in con- 
 junction with the faid Eli^beth Goody make, do, ac- 
 knowledge, levy, fuffer, and execute, or caufe and 
 procure to be made, done, acknowledged, levied, fuf* 
 fered, and executed, all and every fuch adl and a&s, 
 deed and deeds, conveyances, alignments, and aflur- 
 ances, as counfel fhould advife, for the conveying and 
 alTuring, affigning and transferring unto and vefting in 
 the faid Robert B<ifs, Thomas Poiuley, Thomas hornet, 
 and James Wright, their heirs, executors, adminiftra- 
 tors, and affigns refpedtively, all and every or any fuch 
 manors, lands, tenements, hereditaments and real ef- 
 tates, goods, chattels, perfonal eftate and fortune, as 
 fhould defcend, come, or be given to, or devolve upon 
 her the faid Elizabeth Good during her faid coverture, 
 or to or upon him the faid 'Ihomas Vince, in her right j 
 UPON TRUST, in cafe there fhould not beanyiflue 
 between them the faid TJjomas Vince and Elizabeth 
 Good, his intended wife, or being fuch, all of them be- 
 ing a fon or fens, fhould die before any of them fhould 
 attain his or their age or ages of twenty-one years, or 
 being a daughter or daughters, before any of them 
 fhould attain that age or be married, that then, and in 
 fuch cafe, but not otherwife, the faid Robert Blifi, 
 Thomas Foivley, 'Ihcnias homes, and "Jame, Wrig t, 
 and the fuivivors and furvivor of them, and the exe- 
 cutors, adminiilrators, and affigns of fuch furvivor, 
 fhould (land and be pofleffed of and interdict! in all 
 
 and
 
 APPENDIX OF PRECEDENTS. 
 
 and fingular fuch manors, lands, or hereditaments, 
 fum and fums of money* goods, chattels, and other 
 perfonal eflates, as fhould fo defcend, come to, or 
 devolve upon the faid Elizabeth Good, or the faid Tho- 
 mas Vince, in her right as aforefaid, for fuch perfon or 
 perfons, in fuch fhares and proportions, and at fuch 
 time and times, and in fuch manner and form as the 
 faid Elizabeth Good fhould (in cafe of failure of iflue as 
 aforefaid) by any deed, inftrument, or writing, to be 
 by her fealed and delivered, in the prefence of and to 
 be attefted by two or more credible witneffes, or by 
 her laft will and teftament in writing, to be by her 
 figned, fealed, published and declared, in the prefence 
 of and attefted by the like number of witnefles, give, 
 bequeath, direct or appoint; And as well for want of 
 fuch gift, bequeft, direction and appointment, as in 
 cafe any fuch gift, bequeft, direction and appointment, 
 fhould be made by the faid Elizabeth Good, and the 
 fame fhould not be a complete and entire difpofition of 
 the whole of fuch manors, lands, or hereditaments, 
 fum and fums of money, goods, chattels, and other 
 perfonal eftate laft mentioned, or of the whole eftate 
 and intereft therein, then as to fo much thereof, where- 
 of, or concerning which, no fuch gift, bequeft, direc- 
 tion or appointment fhould be made; And alfo as to fo 
 much and fuch parts and fhares thereof as fhould not 
 be completely and entirely difpofed of as aforefaid, in 
 truft for the heirs, executors, and adminiftrators of the 
 Recital of irar- faid Elizabeth Good. AND WHEREAS the faid mar- 
 
 Ti;u'c ravine; , - . , _,. _ ., 
 
 IOOK effedt and m g e between the faid Thomas Vince and Elizabeth 
 iilue thtreof. Good was, foon after the date and execution of the faid 
 recited indenture, duly folemnized, and there hath been 
 And that pp.:r ifrue of the faid marriage. AND WHEREAS the 
 the money in faid Prifcilta Good is fince dead, whereby the faid fum 
 w r h"a;me ^ Ioo ^ 3 per cent, new South-Sea annuities became 
 veftedintiuf- abfolutely veiled in them the faid truftees. AND 
 . WHERE AS the faid Elizabeth Good hath, fmce her 
 intermarriage with the faid Thomas Vince, or the faid 
 Thomas Vince in right of his faid wife hath become in- 
 titled to the principal fum of 36257. three per cent, 
 new South-Sea annuities, upon the deceafe of her bro- 
 ther
 
 APPENDIX OF PRECEDENTS. 
 
 '73 
 
 ther 'John Good, Efq. deceafed, which, in purfuance of 
 the faid herein before recited indenture of fettlement, 
 hath been duly transferred to the faid Robert B/ifs, Tho- 
 mas Poiv/ey, Thomas Barnes, and James Wright, upon 
 the trufts of the faid indenture, the intereft of which 
 he the faid Thomas Vince is become intitled to for his 
 life. AND WHEREAS the faid truftees, in purfu- And that the 
 ance of the power and authority to them given by the "-uftees in pur- 
 
 f 'j t . , ,- . '. , . , r r i uiance of now- 
 
 laid herein before in part recited indenture of lettle- er in fettlement 
 
 ment, and by and with the confent and approbation have {pldout 
 
 f - f . . ,/, ir . , ,, ,. , , i * r i P ar t of the truft 
 
 oi the laid Ibomas I ince and Elizabeth his wife, made monies, and in- 
 fale and difpofition of fo much and fuch part of the vefted the fame 
 
 r i n. ' i i i r / upon mortgage 
 
 laid truit monies as amounted to the principal mm of O f grantoi's et- 
 2ooo/. and have laid out and inverted the fame upon tates - 
 mortgage of certain eftates of him the faid Thomas 
 
 Vince, at . AND WHEREAS the refidue of And that the 
 
 the faid truft monies in poffemon now confift of the" ef ^ ueof . the 
 
 .A n uii monies 
 
 principal ium of 42467. 3^. 6d. 3 percent, new South- confift of new 
 Sea annuities, which is now {landing in the names of f^',^^ 563 an " 
 them the faid Robert B/ifs, Thomas Poiuley, Thomas 
 Barnes, and James Wright, as the furviving truitees 
 in the faid indenture of fettlement, in the books of the 
 Governor and Company of the South-Sea Houfe. AND Contradl for 
 WHEREAS the faid Jofeph Fifb hath contrafted and annuit y- 
 agreed with the faid Thomas Vince for the ^bfolute 
 purchafe of one annuity, or yearly fum of ioo/. of 
 lawful money of Gnat Britain, to be paid and payable 
 to the faid Jofeph Fiflj, his executors, adminiitrators, 
 or afligns, for and during the natural life of the faid 
 Thomas Vince, by four equal quarterly payments in the 
 year, together with a proportionable part of the laid 
 annuity for the time which {hall elapfe between the lait 
 of the faid quarterly days of payment next preceding 
 the day of the death of the faid Thorn ;s Vince, and the 
 time of his deceafe, at or for the price or fum of 7oo/. 
 Out of which faid fum of yoo/. it was agreed upon 
 the treaty for the purchafe of the faid annuity, that all 
 cofts, charges, and expences attending the faid con- 
 tract, and for preparing and perfecting the feveral fe- 
 curities for the lame, and for preparing and inrolling a 
 memorial thereof, fhould be borne and paid by the laid 
 
 Thvmas
 
 174 
 
 APPENDIX OF PRECEDENTS. 
 
 And that upon Thomas free. AND WHEREAS upon the treaty 
 
 of m- 
 
 rt, f or the purchafe of the faid annuity it was agreed, That 
 i- grantor in Cafe the faid Thomas ! ince fhould at any time here- 
 tfeTkiiKtaa aftcr lcave this kingdom on military fervice, that then 
 on military ler- he the faid Thomas I' ince fhould pay unto the faid 
 v^e, he timid j r (p , ftfi al i fuch extraordinary expences as he the 
 
 p t i\ uic CAU.I - ./*/.! */ ( ii n i* 
 
 faid Jcfeph Fiffj, his executors, admmiltrators, or al- 
 fi foould he put to by reafon of infuring the life 
 of him the faid 'Ihomas Vince. AND WHEREAS 
 u F on tne tre aty for the purchafe of the faid annuity, 
 uuity and extra or yearly fum of ioo/. it was further agreed by and 
 -^etween the faid Uomas Knee and J feph Fijk> That 
 i- for the more efFeftually fecuring the due and punctual 
 fd payment of the faid annuity, or clear yearly fum of 
 fce .uiigried to ioo/. unto the faid Jofeph Fijh, his executors, admi- 
 tsr'ibcuriLgVhe niftvators, and affigns, for and during the n tural life 
 lioie. of the laid Thomas Pince, and alfo all fuch eventual ex- 
 
 tra infurance as aforefaid, all the interefts, dividends, 
 and annual produce, and proceeds of the faid principal 
 fum of aooo/. on mortgage as aforefaid, and of the 
 faid fum of 42467. 3$. 6d. 3 per cent, new South-Sea 
 annuities, and alfo of the faid feveral fumsof3ooo/. 
 and 5oo/. 4 per cent annuities, (fubject to the feveral 
 contingencies herein before mentioned) to which he 
 the faid Thomas Pince is intitled for his life, under and 
 by virtue of the faid herein before in part recited in- 
 denture of fettlement as aforefaid, fhould be afligncd 
 unto the faid Robert White, his executors, adminiftra- 
 tors, and afligns, upon the trufts and to and for the in- 
 tents and purpofes herein after mentioned, exprefled, 
 
 And that the and declared, of and concerning the fame. AND that 
 tame umuld he,,.., ' n </- 11 
 
 further fecured tn e laid annuity Ihould be further fecured by the bond 
 
 oi ^ e f d Thomas Pincf, and a warrant of attorney to 
 confefs a judgment thereon. (Recite the bond and -war- 
 rant of attorney, Precedent No. /////). NOW THIS 
 
 INDE . N TURE WITNESSETH, Tiiat for and in con- 
 
 ^deration of the fum of YOO/. of lawful, &c. to the 
 fai(i ^ omas f'*nec> in his own proper peribn, in hand 
 well and truly paid by the faid Jofefh Fifi, in his own 
 proper perfon, at or before the fealing and delive, y 
 of thcfe prefents, in manner following, (that is to fay) 
 
 the 
 
 torney. 
 
 idn in" 
 
 cam nd part
 
 APPENDIX OF PRECEDENTS. 175 
 
 the fum of 500!. part thereof in notes of the Governor 
 
 and Company of the Bank of England, and the further 
 
 fum of 2oo/. refidue of the faid fum of yoo/. by a draft 
 
 or cheque, bearing, even date with thefe prefents, 
 
 drawn by the faid Jofeph frifi on Meflrs. Coutts and Co. 
 
 bankers, in the Strand, payable to the faid -Thomas 
 
 ^Yfi? or bearer, on demand; out of which, &c. (State Expences. 
 
 the expencesj. The receipt of which faid fum of 7 oo/. he 
 
 the faid Thomas Pince doth hereby acknowledge, &c. He 
 
 the faid Thomas Vince hath, &c . and by thefe prefents 
 
 doth give, grant, bargain, fell and confirm, unto the Grant of an- 
 
 faid Jofeph Fi(h, his executors, adminiftrators, and af- puity tobeiir- 
 
 r c 11- i ii-r r 1 r \ ~n mg (Hit Of llUe- 
 
 ligns, for and during the natural life of the laid "Jhsmas reftoftruftmo- 
 Pince t one annuity, or yearly fum of loo 7 , of lawful, n j. es for the Iife 
 
 o i i 11111 i i /- of grantor. 
 
 c. to be charged and chargeable upon, and to be it- 
 fuing, payable, had, received, and taken by and out 
 of the faid intereft, dividends, and annual produce and 
 proceeds of the faid principal fum of 2ooo/. on mort- 
 gage as aforefaid ; And alfo by and out of the intereft, 
 dividends, and annual produce and proceeds of the 
 faid fum of 4246^ 3^. 6d. 3 per cent, new South- 
 Sea annuities; And alfo of the faid feveral fums 
 of 3ooo/. and 500.'. 4 per cent. Bank annuities, here- 
 in before mentioned, (fubject to the contingencies here- 
 in before exprefied) and intended to be hereby afligned, 
 TO HAVE, HOLD, receive, perceive, take and 
 enjoy the faid annuity, or clear yearly fum of ioo/. 
 hereby given, granted and confirmed, or intended fo 
 to be, and every part thereof, from henceforth for and 
 during the natural life of him the faid Thomas I'hice, to 
 be paid and payable unto the faid Jofeph Fi/h, his exe- 
 cutors, adminiftrators, or affigns, at or in the Common 
 Hall of Lincoln's Inn, in the county of Middefcx^ by 
 four equal quarterly payments in the year, (that is to fuy) 
 
 the day of the day of the 
 
 day of and the day of - 
 
 in every year, by even and equal portions; the firft 
 
 payment thereof to begin and be made on the 
 
 day of .... next enfuing the day of the date of 
 
 thefe prefents, without any deduction or abatement 
 \fhaifoever thereout, or out of any part thereof, for or 
 
 5 in
 
 176 APPENDIX OF PRECEDENTS. 
 
 in refpeft of any taxes, charges, rates, afleflments, or 
 other impofitions whatsoever already taxed, charged, 
 rated, alllfled, or impofed, or hereafter to be taxed, 
 charged, rated, aflefled, or impofed upon the faid in- 
 tereft, dividends, and annual produce and proceeds, 
 hereby charged with the payment of the faid annuity, 
 or yearly fum of ioo/. or any of them, or any part there- 
 of, or upon the faid annuity, or yearly fum of ioo/. or 
 any part thereof, or on the faid Thomas Pi/ice, or the 
 faid Jofeph Fijh y his executors, adminiftrators, or af- 
 figns, or any or either of them in refpetl thereof, by 
 authority of parliament, or otherwife howfoever, to- 
 gether with a proportionable part of the quarterly pay- 
 ment of the fame annuity, or yearly fum of ioo/. for 
 the time which mail elapfe between the laft of the faid 
 days of payment preceding the day of the deceafe of 
 the faid Thomas l/ince, and the day of his deceafe, as 
 in the condition to the faid herein before in part re- 
 Covenant to cited bond or obligation is mentioned. ( Add covenant 
 p.iytiie extra to pay annuity, Precedent No. 111). AND ALSO, 
 That in cafe the faid Thomas f'itice ihall at any time or 
 times hereafter depart from or leave this kingdom in 
 military fervice, whereby or by means whereof the 
 faid 'foffph Fiji), his executors, adminiftrators, or 
 affigns, mail be put to any extra expences by infuring 
 the life of him the faid Thomas Fince, that then he 
 the faid 'Ihomas l/ince {hall and will well and truly pay, 
 Afli^nment of or caufe to be paid, unto the faid Jofeph Fifhy his ex- 
 * of truft ecutors, adminiftrators, or affigns, all fuch extra ex- 
 SfteTfoiAhe pences as he or they {hall be put to in refpet thereof. 
 purch.ucr.ur- AND THIS INDENTURE ALSO WITNESSETH, 
 euriwf arniuTiy f ^ iat * n farther purfuance of the faid agreement, and 
 ami tuch even- for the confiderations aforefaid, and for the further and 
 - better fecuring the due and punctual payment of the 
 faid annuity, or yearly fum of ioo/. unto the faid Jo- 
 ft-ph Fijhy his executors, adminiftrators, and affigns, 
 for and during the natural life of him the faid Thomas 
 Vinccy he the faid Thomas /^o-HATH, with the con- 
 fent and approbation, and by the direction of the faid 
 Jofeph FiJJjy (teftified by his being made a party to and 
 fealing and delivering thefe prefents) granted, bar- 
 
 gained, 
 
 "'
 
 APPENDIX OF PRECEDENTS. 177 
 
 gained, fold, afligned, transferred and fet over, and 
 by thefe prefents DOTH, &c. unto the faid Robert White, 
 his executors, adminiftrators, and afligns, ALL the in- 
 tereft, dividends, and annual produce of the faid prin- 
 cipal fum of 2ooo/. on mortgage as aforefaid, and of 
 the faid fum of 4246.'. 3-r. 6d. 3 per cent, new South- 
 Sea annuities , And alfo of the faid feveral fums of 
 3ooo/. and 5 oo/. 4 per cent, annuities, to which he, 
 the faid Thomas fince, is intitled for his life, under 
 and by virtue of the faid herein before in part recited 
 indenture of fettlement as aforefaid, fubjecl: to the 
 contingencies herein before mentioned. AND all the 
 right, title, truft, intereft, property, claim, and de- 
 mand whatfoever, as well legal as equitable, of him 
 the faid Thomas l/ince^ of in to or out of the fame, TO 
 HAVE, HOLD, receive, take and enjoy, the faid 
 intereft, dividends, and annual produce of the faid fums 
 of 2ooo/. on mortgage as aforefaid, 42467. 3*. 6d 3 
 per cent, new South-Sea annuities, and the faid feveral 
 fums of 3ooo/. and 5<DO/. 4 per cent, annuities, fub- 
 jecl to the coivingencies herein before mentioned, un- 
 to the faid Robert White, his executors, adminiftrators, 
 and affigns, for and during the natural life of him the 
 faid Thomas V'mce. UPON THE TRUSTS, and to 
 and for the intents and purpofes, and with under and 
 fubject to the powers, provifoes, declarations and 
 agreements hereinafter mentioned, exprefled and de- 
 clared of and concerning the fame, (that is to fay) 
 UPON TRUST, for better fecuring to him the faid 
 yofeph Fiji), his executors, adminiftrators, and afligns, 
 the faid annuity, or yearly fum of ioo/. mentioned 
 and intended to be hereby granted as aforefaid, during 
 the natural life of him the faid Thomas Vince. AND 
 for that purpofe, that he the faid Robert White, his 
 executors, adminiftrators, and afligns, do and (hall 
 receive the fame intereft, dividends, and annual pro- 
 duce and premifes, as the fame fhall become due, and 
 thereout to pay unto the faid Jofeph Fijb, his execu- 
 tors, adminiftrators, or afligns, the faid annuity, or 
 yearly fum of ioo/. mentioned or intended to be here- 
 by granted as aforefaid, during the natural life of him 
 N the
 
 I 7 8 
 
 APPENDIX OF PRECEDENTS. 
 
 Power of at- 
 torney to re- 
 ceive intereft 
 of uuftees. 
 
 the faid Tbcma* l/ince^ and all arrears thereof. AND 
 alfo in cafe the faid Thomas Yince fhall at any time or 
 times hereafter depart from or leave this kingdom on 
 military fervice, whereby the faid Jofeph Fi/b t his exe- 
 cutors, adminiftrators, or afligns, fhall be put to any 
 extra expences in infuring the life of him the faid Tho- 
 w..-5 /7/wv, then that he the faid Robert White y his ex- 
 ecutors, adminiilrators, or afBgns, fhall by and out of 
 fuch intereft, dividends, and annual produce, pay unto 
 the faid JoJ'eph Ft/h> his executors, adminiftrators, or 
 alligns, all fuch extra expences as he or they fhall be 
 put to in refpecl: thereof; and all cofts, charges, da- 
 mages, and expences (if any) as they the faid Jofeph 
 Fsjh and Robert White^ or either of them, their or 
 either of their executors, adminiftrators, or afligns, or 
 any of them, fhall fuffer, fuftain, expend, or be put 
 unto by reafon or means of the non-payment of the faid 
 annuity, or yearly fum of i oo/. or any part thereof, or 
 for or in refpecl of any matter or thing relating thereto, 
 or in the execution of the trufts hereby vefted or re- 
 pofed in the faid Robert White > his executors, admi- 
 niftrators, and afligns. AND UPON TRUST, from 
 time to time after the faid annuity, or yearly fum of ioo/. 
 as the fame fhall become due and payable, and all arrears 
 thereof, and all cofts, charges, and expences as afore- 
 faid, {hall be paid and fatisfied, to pay, apply, and 
 difpofc of the refidue and overplus of the faid intereft, 
 dividends, and annual produce and premifes mention- 
 ed to be hereby afligned, and which mall be received 
 by the faid Robert White, his executors, adminiftrators, 
 or afligns, (if any) unto the faid Thomas Vince and his 
 affi^ns, or as he or they fhall order, direct or appoint, 
 and for no other intent or purpofe whatfoever. AND 
 for the confiderations aforefaid, and the better to 
 enable the faid Robert Whiie> his executors, adminif- 
 trators, and afligns, to recover and receive the faid in- 
 tereft, dividends, and annual produce of the faid 2ooo/. 
 on mortgage as aforefaid, 4246^ 3.^. 6d. 3 per cent. 
 new South-Sea annuities, and the faid feveral fums of 
 3ooc/. and 500!. 4 per cent, annuities, fubjec~l to the 
 vomineencies herein before mentioned, and hereby af- 
 
 figneti-
 
 APPENDIX OF PRECEDENTS. ^, 
 
 figned unto the faid Robert White, he the faid Thomas 
 Vmcc hath, &c. And by thefe prefents DOTH make, 
 ordain, conftitute and appoint the faid Robert White, his 
 executors, adminiftrators, and affigns, and every of them 
 his true and lawful attorney and attornies for him the 
 fa>d Thomas I'ince, and in his name or in the name or 
 riames of him the faid Robert White, his executors, ad- 
 miniftrators, or afligns, but upon the trufts aforefaid, 
 to afk, demand, fue for, recover and receive of and 
 from the faid Robert Blifs, Thomas Poiuley, and Thomas 
 Barnes, the furviving truftees in the faid herein before 
 recited indenture of fettlement, and the furvivors and 
 furvivor of them, and the executors and adminiftrators 
 of fuch furvivor, and of and from all and every other 
 perfon and perfons liable or intrufted to pay the fame, 
 the faid intereft, dividends, and annual produce men- 
 tioned to be hereby afligned, or any part or parts there- 
 of j And from time to time upon receipt thereof, or 
 of any part or parts thereof, receipts, acquittances, or 
 other fufficient difcharges for the fame, or any part 
 thereof, to make, fign, feal and deliver; And further, 
 to do and execute all and every other at and als re- 
 quifite and expedient for effecting the premifes, as 
 fully and effectually to all intents and purpofes as he 
 the laid Thomas Pince might or could have done in his 
 own proper perfon, if thefe prefents had not been 
 made. AND the faid Thomas Vince for himfelf, his Covenant th.it 
 heirs, executors, and adminiftrators, doth hereby co- j eaves 6 the"* 
 venant, promife and aeree to and \vitli the faid 'Jofetb kingdom, he 
 c-n ! j -n. j tr u ftalfeive.no- 
 
 ffyb, his executors, adminiftrators, and afligns, by t ice to grants. 
 
 thefe prefents, That he the faid Thomas l^'inc,: fhall not 
 at any time or times hereafter, during the term of his 
 natural life, depart from or leave this kingdom on mi- 
 litary fervice without firft giving the faid Jofipb Fijh t 
 his executors, adminiftrators, or afligns, notice thereof 
 in writing, under the hand of him the faid Tbomns 
 Vince^ at leait leven days before fuch his departure. 
 AND THIS INDENTURE FURTHER WIT- Dirertion to 
 NESSETII, That for the further, better, and more J JJ to 
 
 South-Sea annirtits under the power given them ia the i'culeiner.-j ,,-uhout ih 
 sunient of grantor. 
 
 N 2
 
 APPENDIX OF PRECEDENTS. 
 
 effe&ually fecuring the faid annuity, or yearly Turn of 
 loo/, during the natural life of him the faid Thomas 
 Vince, He the faid Thotnas Vince DOTH hereby ex- 
 prefsly declare, order, direct and appoint, that they 
 the faid Robert Blifs, Thomas Poivley, and 7 how 'as 
 Barnes, the furviving truftees in the faid recited inden- 
 ture of fettlement, or the furvivors or furvivor of them, 
 or the executors or adminiftrators of fuch furvivor, {hall 
 not at any time or times hereafter, during the natural 
 life of him the faid Thomas Vince, fell, transfer, or dif- 
 pofe of the aforefaid fums of 2ooo/. on mortgage as afore- 
 laid, and 42467. 3-r. 6d. 3 per cent, new South-Sea an- 
 nuities, in purfuance or by virtue and in exercife and ex- 
 ecution of the faid power or authority to them in that be- 
 half given, limited or referved, in and by the faid recited 
 indenture of fettlement as aforefaid, without the fpecial 
 licence and confent of the faid Jofeph Pfo, his executors, 
 adminiftrators, or afligns, firft had and obtained for that 
 purpofe ; But from the exercife or execution of the faid 
 power or authority, for and during the natural life of 
 him the faid 'Ihomas Pince, he doth exprefsly difcharge, 
 fufpend, and prohibit the faid Robert B/ifs, Thomas 
 Powley, and Ihomas Barnes, and the furvivors and fur- 
 vivor of them, and the executors and adminiftrators of 
 fuch furvivor, by thefe prefents, without fuch the li- 
 cence and confent of the faid Jofeph Fijh, his execu- 
 tors, adminiftrators, or afligns as aforefaid. (Add 
 covenant that grantor hath right to ajjtgn dividends, and 
 that he hath done no act to incumber the fame, Precedent 
 ;!.,,. ra . No. II). AND FURTHER, That he the faid Thotnas 
 t.fy the antho- Pine ; his executors and adminiftrators, iliall and will 
 ilSftces. en at a11 times nereafter juftify and allow, ratify and con- 
 firm, all and whatfoever the faid Robert White, his ex- 
 ecutors, adminiftrators, and afligns, fhall lawfully do, 
 or caufe to be done in and about the premifes, and (hall 
 not nor will revoke, or make void, all or any of the 
 powers or authorities hereby given, or in purfuance 
 hereof to be given to the faid Robert White, his execu- 
 tors, adminiftrators, and afligns, nor do any a& where- 
 by the recovery or receipt of the faid intereft, divi- 
 dends, 
 
 And that 
 rantor
 
 APPENDIX Of PRECEDENTS. iBi 
 
 dends, and annual proceeds herein before mentioned, 
 or intended to be hereby afligned, may be impeded or 
 delayed. ( Add covenant for further ajjurance, defeasance 
 n judgment, and claufe of redemption'). 
 
 In witnefs, &c. 
 
 No. XI. 
 
 GRANT of ANNUITY for the Life of the 
 Grantor, fecured by an Alignment of the 
 Inter eft of Money charged upon Eflates 
 to which the Grantor is mtittedfor his Life, 
 under his Marriage-Settlement, to a Truftee 
 for the Grantee ; with Dire&ions from the 
 Grantor to the Trujlees under the Settlement 
 not to vary Securities without the Appro- 
 bation of the Grantee. 
 
 THIS INDENTURE TRIPARTITE made, &c. Parties, 
 between James Brad, of, &c. Efq. of the firft part, Pa- 
 trick Dann, of, &c. gent, of the fecond part, and Robert 
 White, of, &c. gent, of the third part. WHEREAS Recital of mar- 
 by indenture of fettlement, bearing date the riage fettle- 
 
 ,. . . r T \ ment. where- 
 day of . m the year or our Lord by the grantee 
 
 and made, or mentioned to be made, between the faid intifled to the 
 James Brad of the firft part ; Elizabeth Dyke, of, &c. 50 oo/. for his 
 Ipinfter, one of the daughters and younger children of ji r e ,( he ' n R. llis 
 
 ^ , _/ . . ,. - .-., . y .*-*.._ - . wife's portion* 
 
 John Dyke, late of, &c. Efq. deceafed, of the fecond 
 part ; John Dyke, one of the fons, and another of the charged upon 
 younger children of the faid John Dyke, deceafed, pf e ft^tes.) " 
 the third part; and James Broad, of, &c. Thomas And wherehv 
 Haivk, of, &c. John Dajh, of, &c. and Thomas Smith, t\&Tl\\l 
 of, &c. Efqrs. of the fourth part; RECITING, That imereft of 
 the faid John Dyke deceafed, in and by his laft will "r^tsSng 
 and teftament, duly executed, bearing date on or about kis own pro- 
 
 the day of 1796, DID (amongft other y$\<l 
 
 things) give and bequeath to each and every fcl$ tees under the 
 younger children, who ihould be living at or bornjin f<!llvl 
 N 3 <luc
 
 j&2 APPENDIX OF PRECEDENTS. 
 
 due time after his deceafe, the fum of 3000 /. to be 
 railed and paid by his truftees thereinafter named, at 
 the days and times, and in the manner thereinafter 
 mentioned. AND the faid teftator did by his faid will 
 give, devife, and bequeath unto Robert Vine, of, &c. 
 and Lewis Johns, of, &c. Efqrs. (fubject as therein 
 mentioned) all that (Jlate the premifes) TO HOLD 
 the fame unto the faid Robert Fine and Lewis Johns, 
 their executors, adminiftraiors, and afligns, from and 
 after the deceafe of the faid teftator, for the term of 
 loco years, UPON TRUST that they the faid truftees 
 fhould and might, by and out of the rents and profits 
 of the faid premifes, or by mortgage of all or any 
 part of the faid manors and premifes, for the faid term 
 of IOOO years, or any leffer term, levy, laife, and ad- 
 vance any fum or fums of money, in order to pay and 
 difcharge the feveral fums of money, legacies, or 
 portions, thereby given and bequeathed, according to 
 the true intent and meaning of his faid will, and 
 which the refidue of his perfonal eftate thereinafter 
 bequeathed to his faid truftees for that purpofe, fhould 
 be deficient to anfwer and pay ; And from and after 
 the determination of that eftate, and fubject thereto, 
 to the ufe of his eldeft fon Lewis Dyke for life, with 
 fuch remainders over as are therein mentioned. AND 
 the faid teftator did, by his faid will, give and bequeath 
 unto the faid truftees all the reft and refidue of his 
 perfonal eftate whatfoever and wherefoever, not there- 
 in before fpecifically given or difpofed of, in truft 
 for the payment of all his juft debts and funeral ex- 
 pences, and afterwards in payment and difcharge of 
 the feveral legacies, portions, or fums of money, given 
 by his faid will, in eafe and exoneration of his real 
 eftates. AND RECITING, That a marriage was 
 intended ihortiy to be had and folemnizeii between the 
 faid James Brad and Elizabeth Dyke. AND RE- 
 CITING, That the faid Elizabeth Dyke and John 
 Dyke, party thereto, were intitled to the legacy or fum 
 of 3000/. each under and by virtue of the laid recited 
 will of the faid John Dyke, their late father deceafed, 
 and which legacies had not been railed and paid to 
 them, favc and except the fum of iooo/. which had 
 
 been
 
 APPENDIX OF PRECEDENTS. 183 
 
 been received by the faid John Dyke, in part of his 
 faid legacy. AND RECITING, That upon the 
 treaty for the faid intended marriage it was agreed, 
 That the faid legacy or fum of 3000 /. fo payable to 
 the faid Elizabeth Dyke under and by virtue of the 
 faid recited will, fhould be afligned to the faid James 
 Broad, Thomas Hawk, John Dajh, and Tfjomas Smithy 
 upon the trufts, and to and for the ufes thereinafter 
 mentioned and declared concerning the fame. AND 
 the faid John Dyke, party thereto, in order to make 
 his faid lifter's fortune 5ooo/. voluntarily propofed and 
 agreed upon the faid treaty to give her 2000 /. being 
 the remainder of his faid legacy or fum of 3000 /. 
 given to him under his father's will as aforefaid, and to 
 afiign the fame to the faid James Broad, Thomas Hawk, 
 John Dajh, and James Smith, upon the trufts and for 
 the ufes thereinafter mentioned concerning the fame. 
 AND the faid James jB/Walfo agreed to transfer to the 
 laid truftees IO,OOO/. 4 per cent. Bank confolidated 
 annuities of the year 1777, upon fuch other trufts and 
 for fuch other ufes as are therein exprefled and de- 
 clared concerning the fame. AND RECITING, 
 That the faid James Brad had accordingly, on the day 
 of the date thereof, transferred unto the faid James 
 Broad, &c. the fum of 1 0,000 /. 4 per cent. Bank 
 annuities, and the fame then ftood in their names. IT 
 IS WITNESSED, That for the confutations therein 
 mentioned, fhe the faid Elizabeth Dyke, (by and with 
 the privity, confent, approbation, and agreement of 
 the faid James Brad, teftified as therein mentioned) 
 DID bargain, fell, afiign, transfer, and fet over unto 
 the faid Jatnes Broad, &c. their executors, adminiftra- 
 tors, and afligns, the faid legacy or fum of 30OO/. fo 
 given and bequeathed to her the faid Elizabeth Dyke, 
 in and by the faid recited will of the faid John Dyke 
 deceafed, and all and every fum and fums of money 
 due, or to become due and payable in refpciSt thereof, 
 and all benefit and advantage to be derived therefrom, 
 together with all remedies and methods for recovery 
 of the fame, and all the right, title, intereft, property, 
 profit, claim, and demand whatfoever, both at law 
 N 4 and
 
 184 APPENDIX OF PRECEDENTS, 
 
 and in equity, of her the faid Elizabeth Dyke> of in 
 or to the faid legacy, and every part and parcel thereof, 
 TO HAVE, HOLD, receive, take, and enjoy the 
 faid legacy or fum of 30OO/. and all other the premifes 
 thereby ailigned, or mentioned or intended fo to be, 
 and every part thereof, unto the fajd James Broad^ 
 &c. their executors, adminiftrators, and afligns, as 
 their abfolute property, upon fuch trufts and to and 
 for fuch ufes, intents, and purpofes, as are thereinafter 
 mentioned, exprefled, and declared of and concerning 
 the fame. AND IT IS THEREBY ALSO WIT- 
 NESSED, That for the coniiderations therein men- 
 tioned, he the faid "John Dyke^ party thereto, DID bar- 
 gain, fell, affign, transfer, and fet over, unto the faid 
 James Broad y &c. their executors, adminiftrators, and 
 affigns, the faid fum of 2000/. being the remainder 
 unreceived of the faid legacy or fum of 3QOO/. fo 
 given and bequeathed to him the faid John Dyke^ 
 party thereto, in and by the will of the faid John 
 Dyke deceafed, and every part thereof, and all and 
 every fum and fums of money due, or to become due 
 and owing for and in refpecl: of the fame, and all bene-r 
 lit and advantage to be derived therefrom, and all the 
 right, title, intereft, profit, property, benefit, claim, 
 and demand whatfoever, both at law and in equity, of 
 him the faid John Dyke^ party thereto, of in or tp 
 the fame, together with all methods and remedies, 
 powers and authorities, for recovery and receipt of the 
 fame, every or any part or parcel thereof, TO HAVE 
 AND TO HOLD, receive, take, and enjoy the faid 
 fum of 2OOO/. and all other phe premifes lad-mention- 
 ed, and intended to be thereby afligned unto the (aid 
 James Broad, &c. their executors, adminiftrators, and 
 affigns, as their abfolute property, upon fuch trufts, 
 and to and for fuch ufes, intents, and purpofes, as are 
 thereinafter mentioned, exprefied, and declared of 
 and concerning the fame. AND it is thereby agreed 
 and declared by and between all and every the faid parties 
 thereto, That they the faid James Broad^ &c. their ex- 
 ecutors and adminiftrators, fhould ftand and be pof- 
 
 fefled of and interefted in the faid legacy or fum o,f 
 
 * > 
 
 30007.
 
 APPENDIX OF PRECEDENTS. 18$ 
 
 3000^. and the faid fum of 200O/. being the remainder 
 unreceived of the faid legacy of 300O/. fo given and be- 
 queathed to the faid "John Dyke, party thereto, in and 
 by the faid will of the faid John Dyke deceafed, and 
 therein before affigned by the faid Elizabeth Dyke 
 and the faid John Dyke, party thereto, or mentioned 
 or intended fo to be, upon the trufts, and to and for 
 the intents and purpofes, and with under and fub- 
 ject to the powers, provifoes, declarations, and agree- 
 ments thereinafter mentioned, exprefled, and de- 
 clared of and concerning the fame ; that is to fay, 
 IN TRUST for the faid Elizabeth Dyke and John. 
 Dyke, party thereto, according to their re fpe&ive rights 
 and interefts therein, until the folemnization of the 
 faid intended marriage, and from and after the folem- 
 nization thereof, UPON TRUST, That they the 
 faid James Broad, &c. and the furvivors and furvivor 
 of them, and the executors, adminiftrators, and affigns 
 of fuch furvivor, did and mould lay out and inveft the 
 faid legacy or fum of 30OO/. fo affigned to them by 
 the faid Elizabeth Dyke as aforefaid, and the faid fum 
 of 2ooo/. affigned to them by the faid John Dyke as 
 aforefaid, when and as foon as the fame fhould be 
 reipectively recovered and received at intereft in or 
 upon fome of the public funds, or on real or govern- 
 ment fecurities, as the faid James Brad and Elizabeth 
 Dyke, from time to time during their joint lives, and 
 the furvivor of them, mould approve of. AND UPON 
 FURTHER TRUST, That they the laid James 
 Broad) &c. and the furvivors and furvivor of them, 
 and the executors or adminiftrators of fuch furvivor, 
 did and mould pay to, or fufficiendy authorize and 
 empower the faid James Brad and his affigns to receive 
 and take the intereft, dividends, and annual produce 
 of the faid two feveral fums of 3OOO/. and 200O/. or 
 of the ftoclcs, funds, or fecurities, whereon the fame 
 mould be invefted, to and for his and their own ufc 
 and benefit, for and during the term of his natural 
 Jife, and from and after his deceafe, upon fuch trufts 
 as are thereinafter mentioned. PROVIDED AL- 
 \VAYS, And it is thereby declared and agreed by and 
 
 between
 
 j86 APPENDIX OF PRECEDENTS. 
 
 between the faid parties thereto to be the true 
 intent and meaning thereof, and of the faid parties, 
 That notwithftanding any of the trufts aforefaid> it 
 fhould and might be lawful to and for the faid "James 
 Broad, Sec. or the furvivors or furvivor of them, or the 
 executors or adminiftrators of fuch furvivor, from 
 time to time, with the confent of the faid James Brad 
 and Elizabeth Dyke, and the furvivor of them, tefti- 
 fied by any note or writing under their, his or her 
 hand, to call in the faid truft- monies and premif es, or any 
 part thereof, and make fale or difpofition of the fecurities 
 or funds whereon the fame, or any part thereof, ihould 
 be inverted ; And with the like content of the faid 'James 
 Brad and Elizabeth Dyke, or the furvivor of them, to 
 place out the money arifing by fuch fale, and which 
 Ihould be fo called in, upon other real or govern- 
 ment fecurities, or parliamentary funds, and from time 
 to time to alter and transfer fuch fecurities or funds, 
 and that fuch new fecurities or funds fo taken, and the 
 monies fo placed thereon, fhould be and remain vefted 
 in the faid James Broad, &c. and the furvivors and 
 furvivor of them, and the executors or adminiftrators 
 of fuch furvivor, upon fuch and the fame trults, arid 
 to and for fuch and the fame ufes, intents, and pur- 
 pofes, as are therein before declared and expreffed 
 of and concerning the fame truft-premifes, and the 
 fecurities whereof fhould be fo changed as aforefaid, or 
 fuch of them as fhould be then fubfifting and capable 
 of taking effea. AND IT IS THEREBY FUR- 
 THER WITNESSED, And thereby agreed and de- 
 clared by and between all and every the parties thereto 
 to be the true intent and meaning thereof, and of the 
 faid parties, That the faid fum of IO,OOO/. 4 per cent. 
 Bank annuities therein before mentioned to have been 
 transferred by the faid James Brad to the faid James 
 Broad, &c. was fo transferred to them, to the intent 
 that they the faid James Broad, &c. and the furvivors 
 and furvivor of them, and the executors and adminif- 
 trators of fuch furvivor, fhould ftand and be poflefled 
 of and interefted in the faid io,ooo/. 4 per cent. 
 Bank annuities, upon the feveral trufts, and to and 
 4 for
 
 APPENDIX OF PRECEDENTS. 
 
 for the feveral ufes, intents and purpofes, and under 
 and fubjel to the feveral powers, provifoes, declara- 
 tions, and agreements thereinafter limited, exprefTed, 
 and declared of and concerning the fame (that is to 
 fay) IN TRUST for the faid James Brad, his ex- 
 ecutors, adminiftrators, and affigns, until the folem- 
 nization of the faid intended marriage, and from and 
 after the folemnization thereof, IN TRUST to pay 
 unto, or fufficiently authorize and empower the faid 
 James Brad and his affigns to receive and take the 
 dividends, intereft, and annual produce of the faid fum 
 of io,ooo/. 4 per cent. Bank annuities, to and for his 
 and their own ufe and benefit, for and during the term 
 of his natural life, and from and after his deceafe, 
 upon fuch trufts as are thereinafter mentioned. 
 PROVIDED ALWAYS, And it is thereby declared 
 and agreed by and between the faid parties thereto to 
 be the true intent and meaning thereof, and of tha 
 faid parties, That notwithstanding any of the trufts 
 aforefaid, it mould and might be lawful to and for the 
 laid James Broad, &c. or the furvivors or furvivor of 
 them, and the executors or adminiftrators of fuch 
 furvivor, from time to time, with the confent of thft 
 faid James Brad during his life, and after his deceafe, 
 with the like confent of the faid Elizabeth Dyke (\\\ 
 cafe {he fhould furvive him) during her life, and after 
 the deceafe of the furvivor at the difcretron of the faid 
 truftees or trufteefor the time being, to call in the faid 
 fum of io,ooo/. 4 per cent. Bank annuities, or any 
 part thereof, or make fale and difpofe of the fecurities 
 or funds wherein the fame or any part thereof fhould 
 be inverted, and to place out the money arifing by 
 fuch fale, and which fhould be fo called in, upon 
 other real or government fecurities or parliamentary 
 funds, and from time to time to alter and tranfpofe fuch 
 fecurities or funds (with fuch confent of the faid 
 James Brad and Elizabeth Dyke as aforefaid) and that 
 fuch new fecurities or funds fo taken, and the monies 
 placed thereon, fhould be and remain vefted in the faid 
 James Broad, &c. and the furvivors and furvivor of 
 them, and the executors and adminiftrators of fuch 
 
 furvivor,
 
 ,88 APPENDIX OF PRECEDENTS. 
 
 furvivor, upon fuch and the fame trufts, and to and 
 
 for fuch and the fame intents and purpofes, as are 
 
 therein before declared and exprefled of and concerning 
 
 the faid laft-mentioned truft-premifes, or fuch of them 
 
 as ihould be then fubfifting and capable of taking 
 
 Recital of mar- effed. AND WHEREAS the faid marriage was, 
 
 riage. fhortly after the date and execution of the faid inden- 
 
 dure, duly had and folemnized by and between the 
 
 Kecital of a faid James 5/Wand Elizabeth Dyke ; AND WHERE- 
 
 whercby'the ^ ^y a certa ' n deed-poll or inftrument in writing, 
 
 io,ooo/. 4 indorfed upon the faid recited indenture under the 
 
 JMdowb' uf- hands and feals of the faid J ames Bro d * Thomas 
 te, and mvcf- Hawk, John Da/h^ Thomas Smith, and James Brad y 
 
 red upon a bearing date the day of in the year 
 
 of our Lord RECITING, That the faid 
 
 James Broad, &c. on the day of 
 
 then laft, at the particular inftance and requeft of the 
 faid James Brad teftified as therein mentioned, fold 
 and difpofed of the therein mentioned fum of io,ooo7. 
 4 per cent. Bank annuities at the rate of ioi/. per 
 cent, which after deducting brokerage produced the 
 clear fum of 10,0877. IDJ. AND RECITING, 
 That the faid James Broad, &c. at the like inftance 
 and requeft of the faid James Brad, had lent and 
 advanced the faid fum of 10,0877. los. unto Lewis 
 Dyke, of, &c. Efq. upon a mortgage made to them 
 the faid "James Broad, &c. by the faid Lewis Dyke of 
 the manor of - the retory or advowfon of 
 
 the living of and divers farms, lands, and 
 
 hereditaments in the parifh of in the county 
 
 of in and by a certain indenture of demife, 
 
 bearing equal date with the faid deed-poll now in 
 jecital, and made between the faid Lewis Dyke of the 
 one part, and the faid James Broad^ &c. of the other 
 partj IT IS WITNESSED, And the faid James 
 Broad) Sec. did thereby refpeclively acknowledge, de- 
 clare, and agree, That they the faid James Broad^ &c. 
 and the furvivors and furvivor of them, and the heirs, 
 executors, adminiftrators, and affigns of fuch furvivor, 
 Ihould and would ftand and be poflefled of and inte- 
 reftcd in the faid fum of io>o87/. 10*. fecured by the 
 
 faid
 
 APPENDIX OF PRECEDENTS. 189 
 
 laid recited mortgage made to them by the faid Lewis 
 Dyke as aforefaid, and all intereft and proceed from 
 thenceforth to become due thereon and therefrom ; 
 And alfo fhould and would ftand pofiefled of and inte- 
 refted in the laid hereditaments and premifes, demifed 
 to them in and by the faid indenture as aforefaid, and 
 of and in the faid indenture, and all other fecurity 
 thereby made or given for the fame, upon fuch trufts, 
 and to and for fuch ends, intents, and purpofes, and 
 by with under and fubjecl to fuch powers, provifoes, and 
 agreements, as in and by the therein within indenture 
 of fettlement are mentioned, exprefled, and declared 
 of and concerning the faid fum of io,ooo/. 4 per 
 cent. Bank annuities, and the intereft and dividends 
 thereof, as in and by the faid recited indenture of 
 fettlement and deed-poll, reference being thereunto 
 
 refpe&ively had, will more fully and at large appear. . . . 
 
 A XTT-V T i r rTt'T>r- A o r -j L i f r And that the 
 
 AI\D WHEREAS the faid three feveral fums offeveralfums 
 
 3OOO/. 2000/. and 10,0877. los. ftill remain due and ' e u ;^ ue and 
 outftanding upon the fecurities aforefaid ; AND fecuritiesafore* 
 WHEREAS the faid James Eroad^ &c. by virtue < 3 * d L?2J2! ut 
 the faid herein before in part recited indenture of fettle- under the 
 inent and deed-poll now ftand poflefled of and inte- Settlement now 
 refted in the faid principal fums of 3oco7. 2ooo/. and (hereofSSi 
 10,0877. los. upon the trufts mentioned in the faid the truits of 
 recited indenture of fettlement j AND WHEREAS lettlement - 
 the faid Patrick Dann hath contra&ed and agreed with Recital of con- 
 the faid James Brad for the abfolute purchafe of one jj^ whlclfis^o 
 annuity or clear yearly fum of 3Oo7. of lawful, &c. at beitfhingoutof 
 or for the price or fum of 2ioo7. to be ifluing out of tSd* o'f^he 
 and from the yearly interest, dividends, and pro- feveral fums; 
 ceeds of the faid three feveral fums of 30007. 20007. gu^by^he" 
 and 10,0877. los. fecured as aforefaid, and afligned to bond and war- 
 the faid James Broad, &c. as aforefaid, and to be further iant / atto f- 
 
 JL rur-j^v n i j ne y of g^ntor, 
 
 Jecured by the bond of the faid fames tiraa, and a war- 
 rant of attorney to confefs a judgment thereon, as 
 hereinafter is particularly mentioned, for and during 
 the natural life of him the faid James Brad, out of 
 which faid fum of 2ioo7. it was agreed that all cofts, aru i cxpuic e,. 
 charges, and expences attending the faid contract, and 
 for preparing and -perfecting the feveral fecurities for 
 
 the
 
 igo APPENDIX OF PRECEDENTS. 
 
 the fame, and for perfecting and inrolling a memorial 
 thereof, and for procuring the faid fum of 2ioo/. 
 (hould be borne and paid by the faid 'James Brad. 
 ( Recite the bend and warrant of attorney. Add grant 
 of annuity to be ij/uing out of 'the dividends and inte- 
 re/lofthefaidyiQoL 20OO/. and 10,0877. los. as in 
 the Jaid herein before recited indenture and deed-poll is 
 mentioned^ or wba tfoever jecurities the faid three feveral 
 fums now are, or at any time hereafter during the life of 
 him the Jaid James Brad, may be laid out and ini)rjhd, as 
 in Precedent No. X. And add covenant to pay annuity.) 
 Aflijnmentof AND THIS INDENTURE FURTHER WIT- 
 ie intereft of NESSETH, That for. the con fulerat ions aforefaid, and 
 fums fo/the for the further and better fecuring the due and punctual 
 life of grantor payment of the faid annuity, or clear yearly fum of 300^ 
 granted, upon' herein before granted, and alfo for and in confideratiorf 
 rruft for fecur- o f the fum of 105. of like lawful money, to him 
 the faid James Brad in hand, well and truly paid by 
 the faid Robert White at or before the fealing and de- 
 livery of thefe prefents, the receipt whereof is hereby 
 acknowledged, he the laid James Brad (at the nomi- 
 nation, and by the confent and approbation of the laid. 
 Patrick Dann, teftified by his being made a party to 
 and executing thefe prefents) HATH, &c. and by 
 thefe prefents DOTH bargain, fell, affign, transfer, 
 and fet over unto the faid Robert White, his executors, 
 adminifliators, and affigns, all and fmgular the annual 
 dividends, intereft, and proceeds whatfoever, that 
 Ihall or may at any time hereafter during the life-time of 
 him the faid James Brad, accrue on, grow due, and 
 be. received for upon or in refpecl of the faid three 
 feveral fums of 3OOO/. aooo/. and io,o8y/. 105. herein 
 before mentioned, and every part thereof, upon what- 
 foever fecuiities or funds the faid three feveral fums, or 
 any part or parts thereof, {hall or may at any time or times 
 hereafter during the life-time of him the faid James 
 Brad, be laid out or inverted, and all the eftate, right, 
 title, intereft, property, claim, and demand whatfoever 
 of him the faid James Brad, both at law or in equity, 
 of in to and out of the faid hereby afligned premifes, 
 and every part and parcel thereof, TO HAVE AND 
 
 TO
 
 APPENDIX OF PRECEDENTS. 
 
 191 
 
 TO HOLD, receive, perceive, and take all and fmgular 
 the faid premifes hereby affigned unto the faid Robert 
 If^bite y his executors, administrators, and affigns, for 
 and during the term of the natural life of him the faid 
 "James Brad^ upon the trufts neverthelefs hereinafter 
 exprefTed and declared of and concerning the fame ; 
 (that is to fay) IN the firft place, thereout to dif- 
 charge, fatisfy, and pay the faid annuity or clear 
 yearly fum of 3OO/. and all arrears thereof that {hall 
 be due and owing unto the faid Patrick Dann y his ex- 
 ecutors, adminiftrators, and afligns, at the days and 
 times herein before limited and appointed for payment 
 thereof as aforefaid, or as foon afterwards as the faid 
 affigned premifes received and got in mail be fufficient 
 to difcharge and fatisfy the fame, and all cofts, charges, 
 and expences whatfoever, which the faid Robert 
 White, his executors, adminiftrators, or afligns, fhall 
 fuftain, expend, or be put unto in or about the reco- 
 very of the faid hereby affigned premifes; AND then 
 upon this further truft, That he the faid Robert 
 Wnite, his executors, adminiftrators, or affigns, 
 fliall from time to time pay and apply all the refidue 
 and furplus of the faid hereby affigned premifes unto 
 the faid James Brad and his affigns, and to for 
 and upon no other truft, intent, or purpofe whatfo- 
 ever. (Add power of attorney to receive interejl and 
 dividends^ as in Precedent No. IX.) AND THIS Dire<?Hn from 
 INDENTURE FURTHER WITNESSETH, Ses SU'ir, 
 That for the further, better, and more effectually fell or difpofe 
 fecuring the faid annuity or yearly fum of 3oo/. unto f n ^ "j^ 1 cs 
 the faid Patrick Dann, His executors, adminiftrators, power contain- 
 and affiinis, for and during the natural life of him ed ' the fettle- 
 
 r -T v r> 7 i i r iv r> j i i Inent u 'i tllout 
 
 the faid James Brad, he the laid James Brad doth the confeut of 
 hereby exprefsly order, declare, direct, and appoint, grantee, 
 that they the faid James Broad, &c. or the furvivors 
 or furvivorof them, or the executors or adminiftrators 
 of fuch furvivor, fhall not at any time or times here- 
 after during the natural life of him the faid Jain,-* 
 Brad) call in the faid truft-monies and premifes, or 
 any part thereof, or make falo and difpofal of the 
 
 fecimties
 
 i 9 2 APPENDIX OF PRECEDENTS 
 
 fecurities or funds whereon the Tame, or any part there- 
 of, fhould be invefted, or place out the money arifing by 
 fuch fale, and which fhouid be fo called in, upon other 
 real or government fecurities, or parliamentary funds, 
 nor at any time or times hereafter, during the life of 
 the faid James Brad, to alter and transfer fuch fecu- 
 rities or funds in purfuance or by virtue, and in ex- 
 ercife and execution of the powers or authorities 
 to them in that behalf given, limited, or referred, in 
 and by the faid in part recited indenture of fettlcment, 
 without the fpecial licence and confent of the faid 
 Patrick Darin, his executors, adminiftrators, or af- 
 figns, firft had and obtained for that purpofe, but from 
 the exercife and execution of the faid powers and au- 
 thorities, or any of them, for and during the natural 
 life of him the faid James Brad, doth exprefsly dif- 
 charge, fufpend, and prohibit the faid James Broad, &c. 
 or the furvivors or furvivor of them, or the executors, 
 adminiftrators, or afligns of fuch furvivor, by thefe 
 prefents, without fuch the licence and confent of the 
 laid Patrick Dann, his executors, adminiftrators, or 
 afligns, for that purpofe fir ft had and obtained. AND 
 Covenant that the faid James Brad, for himfelf, his heirs, executors, 
 
 grantor hath anc j adminiftrators, doth covenant, promife. and 
 
 done no act to . . ' r . . _, . _,... , 7 \ . 
 
 incumbcr, agree to and with the laid Robert white, his executors, 
 
 adminiftrators, and afligns, by thefe prefents, in man- 
 ner and form following (that is to fay), That he the 
 faid James Brad hath not at any time or times hereto- 
 fore made, done, or committed, or wittingly or wil- 
 lingly differed, nor fhall or will at any time hereafter 
 make, do, commit, or fuffer any aSr, matter, or thing 
 whatfoever, whereby, or by reafon or means whereof, 
 all or any part of the premifes hereby afligned can or 
 may be impeached or incumbered in title, charge, eftate, 
 or otherwife howfoever, or by which the faid Robert 
 White, his executors, adminiftrators, or afligns, fhall or 
 may be prevented, impeded, or hindered from receiving 
 and getting in the fame. AND FURTHER, That 
 And hath good the faid James Brad, at the time of the fealing and de- 
 iffign. livery of thefe prefentSj hath in himfelf good right, full
 
 APPENDIX OF PRECEDENTS. 193 
 
 power, and lawful and abfolute authority to make 
 fuch grant of the faid annuity or clear yearly fum of 
 I0o/, as is herein before contained ; And to aflign all 
 and fingular the faid premifes herein before afligned in 
 manner and form aforefaid, and according to the true 
 intent and meaning of thefe prefents. (Add covenant 
 for further ajjurance, defeasance on judgment , and daufe 
 of redemption.) In witnefs. 
 
 No. XII, 
 
 GRANT of ANNUITY by a Married Woman 
 (zc/io is feparated from her Hujland] for 
 her Life, fecured by an Affignment and 
 Appointment of 8001. a Year, to which 
 
 Jhe is intitled under the Deed of Separa- 
 tion, and likewife ly an AJfignment of Di- 
 vidend*, to which Jhe is alfo intitled for her 
 
 feparate Ufe under a Will, to the Grantee 
 upon Tntjt for fecuring the Annuity. 
 
 THIS INDENTURE made, &c. between Mary 
 
 Finch , of in the county of Parties. 
 
 (now the wife of John Fitz y of Efq. but now 
 
 living feparate and apart from her faid hufband John 
 FitZj and having her property fecured to and for her 
 own fole and feparate ufe, under and by virtue of 
 certain articles of feparation between her and her faid 
 hufband John Fitz hereinafter cited) of the one part, 
 and Walter Hallett, of, &c. Efq. of the other part : 
 
 WHEREAS by indenture, bearing date the day Recital of mar- 
 
 of .... . . . in the year of our Lord and made or '^^ ^"j^y 
 
 exprelTcd to be made between the faid John Fitz, by his provifion is 
 
 name and defcription of John Fitz, jun. of the parifh m ^ to . the , 
 . V ,.'.J . , * ..grantor, in cafe 
 
 of Efq. the eldeft fon then living or in being of ihefurvivcdher 
 
 John Fitz the elder, of, &c. Efq. and the faid John husband. 
 o fr/z,
 
 io 4 APPENDIX OF PRECEDENTS. 
 
 Fitz, jun. being alfo devifee for life, named and ap- 
 pointed in and by the laft will and teftament, of Richard 
 Fitz^ late of^ &c. Efq. deceafed, therein and herein 
 after mentioned, and the faid Mary Finch therein de- 
 fcribed as the wife of the faid John Fitz^ jun. late 
 Mary Fitz^ fpinfter, daughter of Henry Fitz^ of, &c. 
 Efq. of the one part, and K. Fitz, of, &c. Thomas 
 Cocfa, of, &c. and Edward Andrews, of, &c. Efqrs. 
 of the other part ; AFTER RECITING as therein 
 is recited,and RECITING,That the kid John FitZyjmi. 
 party thereto, intermarried with the faid Mary Finch, 
 
 his then wife, on or about the day of 
 
 17 and had fmce, on the day of 
 
 then laft, attained his age of 21 years: AND RE- 
 CITING a certain jointure of 400?. per annum, which 
 he had by indenture, bearing date with the now re- 
 citing indenture, fettled upon the faid Mary Finch t 
 and charged upon certain real eftates therein men- 
 tioned in bar of dower, in purfuance of a power and 
 authority to him therein recited to be given under and 
 by virtue of the laft will and teftament of the faid 
 Richard Fitz deceafed j AND RECITING, That 
 the faid John Fitz^ jun. (party thereto) had not any 
 power or authority whatever, under or by virtue of 
 the teftator's faid will, to charge the faid real eftates 
 with or for raifmg any Aim of money whatever for 
 the portions or maintenance for children he might 
 happen to have by the faid Mary his wife, other than 
 and befides an eldeft or only fon, nor under the re- 
 ftri6tions in the faid will in that behalf contained, to 
 grant any greater or annual fum, or yearly rent, thai) 
 as aforefaid, to be iffuing out or charged upon the 
 faid real eftates for the jointure for the faid Mary his 
 wife (if flie fhould furvive him) and he the faid John 
 Fitz being poflefled of and entitled to a very confider- 
 *ble fum of money placed out at intereft in the public 
 funds, which he had full power to difpofe of as he- 
 law fit, and being defirous thereby, or thereout, as 
 well to make fome provifion for the faid Mary Finch 
 his wife, in cafe fhe fhould happen to furvive him, 
 ever and befides the faid annual i\nm > or yearly rent 
 
 cf
 
 APPENDIX OF PRECEDENTS. 19$ 
 
 of 4-OO/. fo granted, limited, and appointed to her, 
 as and for her jointure and in bar of dower as afore- 
 faid, had propoled and agreed that he the faid "John 
 Fitz fhould and would make over and transfer into 
 and in the names of the faid K. Fitz, Thomas Cocks^ 
 and Edward Andreivs, in the books kept at the Bank 
 of England the capital fum of 20,OOO/. 3 per cent, 
 confolidated Bank annuities, IN TRUST for the fe- 
 veral intents and purpofes aforefaid, and therein and 
 hereinafter more particularly mentioned ; AND RE- 
 CITING, That in purfuance of the faid propofal and 
 agreement laft-mentioned, the faid John Fitz, jun. 
 (party thereto) had, on the day of the date of the now 
 reciting indenture, transferred into and in the names 
 of the faid K. Fiti, Thomas Cocks, and Edivard 
 Andrews^ in the books kept at the Bank of England^ 
 the laid capital fum of 20,ooo/. 3 per cent, confolidated 
 Bank annuities, which was to be and remain in their 
 names, IN TRUST for the feveral intents and pur- 
 pofes therein and hereinafter expreffed, and declared 
 of and concerning the fame : IT IS WITNESSED, 
 That in purfuance of the faid agreement laft-mentioned, 
 and in confideration of the premifes, it is thereby 
 mutually declared and agreed by the faid Join Fitz 
 (party thereto) and all the feid other parties to the 
 faid indenture, that the faid capital fum of 23,ooo/. 
 3 per cent, confolidated Bank annuities, fo as 
 aforefaid transferred by him the faid John Fitz unto 
 and in the names of the faid K. Fitz, Thomas Cocks, 
 and Edward Andrews, in the books kept at the Bank 
 of England, was fo transferred unto them, and was 
 then Handing in their names in the faid books, and 
 fhould fo ftand, be, and remain in their names, or in 
 the names of the furvivors or furvivor of them, or 
 of the executors, adminiftrators, or afligns of fuch 
 furvivor, UPON THE TRUSTS, and to and for the 
 ends, intents, and purpofes, and under and iubjec~l to 
 the powers, provifoes, declarations, and agreements 
 therein and hereinafter mentioned, exprelled and de- 
 clared of and concerning the fame capital fum, and 
 tfce dividends and intcreft thereof, (that is to fay) 
 e 2 UPON
 
 , 9 6 APPENDIX OF PRECEDENTS. 
 
 UPON fpecial trufl and confidence that they the faid 
 K. Fitz, Tlwnas Cock^ and Edward Andrews^ and 
 the furvivors and furvivor of them, and the executors, 
 adminiftrators, and afiigns of fuch furvivor ftiould and 
 did pay unto the faid John Fitz, jun. (party thereto) 
 and his afligns, the whole of the dividends or intereft 
 of the faid capital fum of 20,oo/. or otherwife au- 
 thorize and empower and permit and fuffer him and 
 them to receive, have, and take the fame to his and 
 their own ufe and ufes, from time to time, as the 
 fame fhould become due, and payable for and during 
 the term of his natural life, and from and immediately 
 alter the deceafe of the faid John Fitz, jun. party 
 thereto : Then in cafe the faid Mary Fitz, his wife, 
 fliould happen to furvive him, UPON FURTHER 
 TRUST AND CONFIDENCE,That they the faid 
 K. FitZ) Thomas Cocks, and Edward Andrews, and 
 the furvivors and furvivor of them, and the executors, 
 admininiftrators, and afiigns of fuch furvivor, did and 
 fhould pay unto the faid Alary Finch and her afiigns 
 the whole of the dividends or intereft of the faid capi- 
 tal fum of 20,ooo/. truft Bank annuities, or other- 
 wife authorize and empower, or permit and fuffer 
 her and them to receive, have, and take the fame to 
 her and their own ufe and ufes, from time to time, as 
 the fame fhould become due and payable for and 
 during the term of her natural life, as a further pro- 
 vifion for her over and above the faid annual fum of 
 403]. therein before mentioned to be limited and ap- 
 pointed to and for the benefit of her the faid Mary Finch 
 a:id her affigns, as and for her jointure, in and by the 
 faid therein recited indenture, and from and immediately 
 after the deceafe of the furvivor of them the faid 
 ^ohn Fitz the younger and Mary his wife, UPON 
 SUCH TRUSTS as are therein particularly men- 
 
 uM C i' lt wh f reb tioned and ex P reired - AN 9 WHEREAS Arabella 
 the gJlntor is J"^t l ate fj &c. fpinfter, did duly make and publifli 
 mitled to the her laft will and teftament in writing, bearing date 
 
 fo?Uriifir& onorabout the da 7 of which was in 
 
 herfeparateuie. the year of our Lord and did thereby (amongft 
 
 other things) give and bequeath the fum of SOOQ/. of 
 
 lawful,
 
 APPENDIX OF PRECEDENTS. 197 
 
 lawful, &c. unto A'. F. and B. B. therein refpec- 
 
 tively defcribed, UPON TRUST, among other things, 
 
 That they the faid K. F. and B. B. and the furvivor 
 
 of them, and the executors and adminiftrators of 
 
 fuch furvivor did and fhould, from time to time, lay 
 
 out, inveli, and continue the faid fum of 50 oo/. upon 
 
 government, mortgage, or other real fecurities, with 
 
 the approbation and confent of her niece the faid 
 
 Mary Finch, during her life, and did and fhould, from 
 
 time to time, receive and pay, or otherwife permit 
 
 and fufter her faid niece and her affigns to receive 
 
 the intereft, dividends, and yearly proceeds thereof 
 
 for and during the term of her natural life, to and for 
 
 her own fole and feparate ufe, and fo as not to be 
 
 fubjec} to the debts, power, or controul of her then 
 
 prefent or any future hufband fhe might happen to 
 
 marry, with divers remainders over ; And the faid tef- 
 
 tatrix did thereby conftitute and appoint her fifter 
 
 'Jane yudd fole executrix of her faid will. AND 
 
 WHEREAS the faid teftatrix, Arabella Judd, hath nd death of 
 
 fince departed this life, without revoking or altering 
 
 her faid will, and the faid Jane Judd did afterwards 
 
 duly prove the fame in the Prerogative Court of the 
 
 Archbifhop of Canterbury, and did take upon herfelf the 
 
 burthen of the execution thereof; AND WHEREAS And that th 
 
 . . j j 1 1 /L . principal was 
 
 in and by a certain deed-poll or inftrument m writ- then inverted 
 ing, under the hand and feal of the faid K. F. bear- in the four per 
 
 ing date on or about the day of in the year ce 
 
 of our Lord RECITING the faid will of the 
 
 faid Arabella Judd, as therein and herein before in 
 part is recited j AND ALSO RECITING, That 
 the faid B. B. had departed this life on or about the 
 
 day of which was in the year of our 
 
 Lord j AND ALSO RECITING, That the 
 
 faid Mary Finch, being deiirous of having the faid fum 
 of 500/. 4 per cent. Bank annuities, which on the 
 day of the date thereof being at the price of ioo/. 151-. 
 per cent, would produce more than the faid fum of 
 5000/. the faid Arabella Judd, at the requ'.ft of the 
 laid Mary Fit** and with the approbation of the faid 
 03 K. F.
 
 198 APPENDIX OF PRECEDENTS, 
 
 K. F. had on the day of the date thereof transferred 
 the faid fum of 5ooo/. 4 per cent. Bank annuities into 
 the name of the faid K. F. in lieu of laying out the 
 faid fum of 5OOO/. fo given and bequeathed by the 
 faid will of the faid Arabella Judd as aforefaid ; The 
 faid K. F. did therefore thereby acknowledge that 
 the faid fum of 500O/. 4 per cent. Bank annuities 
 was fo transferred by the faid Jane Judd to him 
 in truft for the faid Mary Fitz^ as therein and 
 herein before is mentioned ; And the faid K. F. 
 did thereby declare that he, his executors, and 
 adminiftrators, fhould and would from thenceforth 
 iiand and be poffefled of and interefted in the 
 faid 5ooo/. 4 per cent. Bank annuities, and the 
 dividends and annual proceeds thereof upon fuch 
 trufts, and for fuch intents and purpofes as in and by 
 the faid in part recited will of the faid Arabella Judd 
 were mentioned, exprefied, and declared of and con- 
 cerning the funds or fecurities thereby directed to be 
 purchased with the faid fum of fooo/. and to for or 
 upon no other ufe, truft, intent, or purpofe whatfo- 
 Recital of deed ever. AND WHEREAS by indenture of three 
 
 of reparation, p arts bearing date the . day of which 
 
 whereby the v / T j j 
 
 grantor' is en- was in the year or our Lord and maje or 
 
 tltl6d nforthe ex P re ^" ec ^ to ^ e mac ^ e between the faid J. F. party 
 ^ntlives'of to ^ e &id herein before recited indenture, of thq 
 herfeif and fi r ft part, the faid Mary Fitz of the fecond part, 
 of which ^fe- and the faid F, E. and E. A. of the third part? 
 cured by an af- AFTER RECITING, That fome unhappy dif- 
 dfvSdVof ne fe f ences had a"fen and did fubfift between the 
 20,000! which faid John Fitz and the faid Mary his wife, by 
 in\ e k,ed S ?o a for iSreafon whereof they had agreed to live feparate and 
 life under the apart for the future, and by the mediation of friends 
 Sen^'amUhe" and relations they had concurred in the following 
 refidu'e is fe- agreement touching the terms of fuch feparation, 
 
 ElnTAr-^^J 8 ^ ^ 7 ), amongft ^ her thinss ' , That th ! 
 tates, i aid / f 1 ' inould pay, or allow for the fupport and 
 
 maintenance of the faid Mary Finch a clear an-, 
 nuity or yearly fum of 8oo/. during the joint lives of 
 them the faid J. F. and Mary Finch, the faid an, 
 
 nuity
 
 APPENDIX OF PRECEDENTS. I99 
 
 nuity or yearly fum to be paid quarterly at the time, 
 and fecured in manner therein and hereinafter men- 
 tioned : AND that all fuch eftates, real and perfonal, 
 as during the joint lives of the faid John F. and Mary 
 Finch fhould defcend, or come to, or devolve upon, 
 or be given, devifed, or bequeathed to, or in truft for 
 her the faid Mary Finch y or which Ihould devolve 
 upon the faid J. F. in her right, fhould and might be 
 held and enjoyed, and diipofed of by her the faid 
 Mary Finch^ for her fole and feparate ufe, and in 
 fuch manner as (he mould think fit, exclusive of him, 
 the faid 7. F. and as if the faid Mary Finch was 
 fole and unmarried. IT IS WITNESSED, That 
 in confideration of the agreement on the part of the 
 faid Mary Finch thereinafter contained, and in pur- 
 fuance and further performance of the faid therein- 
 after mentioned agreement on the part of the faid John 
 Finch in that behalf; And in confideration of the 
 fum of 55. of lawful, &c. to the faid jf. F. in hand, 
 paid by the faid T. C. and E. A. he the faid J. F. 
 did aflign, transfer, and fet over unto the faid T. C, 
 and E. A. their executors, adminiftrators, and af- 
 figns, ALL AND SINGULAR the intereft, 
 dividends, and annual produce due and to become 
 payable for and in refpect of the capital fum of 
 20,ooo/. 3 per cent, confolidated Bank annuities, 
 then ftanding in the names of the faid K. F. 
 T. C. and E. A. in the books kept at the Bank 
 of England, and all the right, title, and inte- 
 reft of him the faid J. F. of in and to the fame, 
 and every part thereof, with full power and autho- 
 rity to afk, demand, fue for, and recover, receive and 
 give effectual releafes and difcharges for the faid in- 
 tereft, dividends, and annual produce in the name of 
 him the faid J. F. TO HOLD the faid intereft, 
 dividends, and annual produce thereby afligned, or in- 
 tended fo to be, and every part thereof, unto the faid 
 T. C. and E. .A. their executors, adminiftrators, and 
 afligns, for and during the term of the natural life of 
 him the faid J, F. BUT neverthelefs upon the 
 o 4 trufts
 
 200 APPENDIX OF PRECEDENTS. 
 
 trufts and for the intents and purpofes therein and 
 hereinafter exprefled and declared of and concerning 
 the fame, (that is to fay) UPON TRUST, That 
 they the faid T. C. and E. A. their executors, ad- 
 miniftrators, and afligns, did and fhould from time to 
 time pay the fame (when and as the fame fhould be 
 received) to fuch perfon or perfons upon fuch trufts 
 and for fuch intents and purpofes as the faid Mary 
 Finch by any writing or writings under her hand 
 fhould, notwithftanding her coverture, and if fhe was 
 fole and unmarried, direct and appoint ; And for want 
 of fuch direction or appointment, into the proper 
 hands of the faid Mary Finch, for her fole, feparate, 
 and peculiar ufe and benefit, exclufive of and without 
 being fubject to the debts, controul, forfeiture, dif- 
 pofal, or engagements of him the faid "John Fitz ; 
 And the faid 7- F> did thereby order and diredt the 
 faid K. F. T. C. and E. A, arid each of them, and 
 the executors, administrators, and afligns of them, 
 and each of them, from time to time, during the life 
 of him the faid J. F> to pay the intereft, dividends, 
 and annual produce to the faid T.- C. and E. A. their 
 executors, adminiftrators, and afligns foi the purpofes 
 aforefaid. AND IT IS FURTHER WIT- 
 NESSED, That for the confideration aforefaid, and 
 in further purfuance and performance of the faid 
 therein and herein before mentioned agreement on the 
 part of the faid J. F. in that behalf; And in confi- 
 deration of the further fum of 5*. of like lawful mo- 
 ney to the faid J. F. in hand, paid by the faid T. C. 
 and E. A.\ And for making a provifion for the 
 iupport and maintenance of the faid Mary Finch ^ 
 during the joint lives of her and the faid J. F. HE 
 the faid J. F. did grant, bargain, fell, and demife 
 unto the faid T. C. and E. A. their executors, admi- 
 niftrators, and afligns, all and fingular the farms, 
 mafluages, lands, tenements, and hereditaments of 
 him the faid J. F. fituate, lying, and being in the 
 
 ieveral counties of and or any 
 
 of them, with their and every of their appurtenances, 
 
 TO
 
 APPENDIX OF PRECEDENTS. aoi 
 
 TO HOLD the fame unto the faid T. C. and E. A. 
 
 their executors, adminiftrators, and afiigns, for and 
 during and unto the full end and term of" 99 years, to 
 commence and be computed from the day next before 
 the day of the date of the now reciting indenture, and 
 from thence next enfuing, and fully to be completed 
 and ended if {he fold "John Fitz and Mary his wife 
 fhould fo long live, without impeachment of or for 
 any manner of wafte. But neverthelefs upon the 
 trufts, and for the intents and purpofes therein and 
 hereinafter expreffed and declared of and concerning 
 the fame (that is to fay) UPON TRUST, That they 
 the faid T. C. and E. A, their executors, adminiftra- 
 tors, or affigns did, and fhould from time to time, by 
 mortgage, fale, demife, or other difpofition of all or. 
 any part of the faid premifes comprifed in the faid 
 term of 99 years, determinate as aforefaid, for all or 
 any of the faid term, or with and out of the rents, 
 iflues, and profits of the faid premifes, or any part 
 thereof, in the mean time ; or by all or any of the 
 aforefaid ways and means whatfoever, as they the faid 
 T. C. and E. A. their executors, adminiftrators, or 
 affigns fhould think proper, levy and raife fuch ium 
 and fums of money as, together with the intereft, 
 dividends, and annual produce of the faid fum of 
 2O,ooo/. fhouid be fufEcient to make up the yearly 
 fum of 8oo/. during the joint lives of the faid J. F. 
 
 and Mary Finch, to be paid quarterly on the 
 
 day of the day of the day 
 
 of and the day of < in every 
 
 year, by equal portions, clear of all deductions for 
 taxes ; or otherwife the firft quarterly payment of the 
 faid annuity or yearly fum ot Boo/, to begin on the 
 
 day of next enfuing the date of the now 
 
 reciting indenture. AND IT was thereby declared 
 and agreed, That the faid T. C. and E. A. their exe- 
 cutors, adminiftrators, and afligns, fhould pay, apply, 
 and difpofe ot" all and every fum and fums of money 
 to be railed by him, them, or any of them, under or 
 by virtue of the trufts of the kid term of 99 years, 
 
 determinable
 
 APPENDIX OF PRECEDENTS. 
 
 deferminable as afoteiaid, to and for the fole, feparate, 
 and and peculiar ufe and benefit of the faid Mary 
 I'lnch, exclufivc of and without being fubjet to the 
 tit-Ins, controul, intermeddling, or engagements of 
 the I'.iid y^hn Fits, in like manner as therein and 
 herein before is mentioned in reipect to the faid in- 
 tercft, dividends, and aniuiai produce, thereby afTigned, 
 or intended fo to be: AND it is thereby alfo declared 
 and agreed, That the receipt or receipts of the faid 
 Mary Fitz alone, or of fuch peribn or perfons as fhc 
 Ihould from time to time ciiredl or appoint to receive 
 the faid annuity of 8oo/. or any part thereof refpec- 
 tively, fhould from time to time be 2 good and fuf- 
 ficient difcharge or difcharges to the faid T. C. and 
 . A. their executors, administrators, or affigns, for 
 fo much money as fhould be therein exprefied or ac- 
 knowledged to be received. AND the faid J. F. 
 did thereby, for himfelf, his heirs, executors, and 
 adminiftrators, further covenant, promife, and agree 
 to and with the faid T. C. and E. A. their executors, 
 adminiftrators, and afiigns, by the faid indenture, 
 That he the faid J. F. mould and would, from time to 
 time, well and truly pay, or caufe to be paid, unto the 
 faid T. C. and E. A. their executors, adminiftrators, 
 or afligns, the faid annuity or yearly fum of 8oo/. 
 thereby intended for the fole and feparate ufe and be- 
 nefit of the faid Mary Finch as aforefaid, at the times 
 and in manner therein before mentioned and appointed 
 ' for payment thereof refpe&ively, as by the faid feve- 
 ral in part recited wills, indentures, and deed-poll, 
 R cc j ta l of con . reference being thereunto had, will more fully and at 
 tatt for annul- large appear. AND WHEREAS the faid Walter 
 Kcu'rtdupon &?&** hath contracted and agreed with the faid Mary 
 theSool. per Finch for the abfolute purchafe of an annuity or yearly 
 onder m a!e C deed fum of 200/ - of lawful, &c. at or for the price or fum of 
 of reparation i,4OO/. to be charged and chargeable upon, and to 
 
 3endI h oYr bc iliuin S out of and from the 7 carl X intereft, divi- 
 
 ^ooo!. 4 per dends, and proceeds of the faid fum of 5000/.4 per cent; 
 
 S?"bond d and ? ank ^""ities, to which (he the faid Mary Fitz is 
 
 warrant of. -.t- int'ulcd to for her life, under and by virtue of the 
 
 torneyofgrau-
 
 APPENDIX OF PRECEDENTS. 
 
 faid recited will of the faid Arabella Judd deceafed, 
 and deed-poll as aforefaid, and likewife to be charged 
 and chargeable upon, and to be ifluing out of and 
 from the yearly intereft, dividends, and proceeds of 
 the faid capital fum of 2o,ooo/. 3 per cent, confo- 
 Jidated Bank annuities, to which fhe the faid Mary 
 Fitz is under and by virtue of the faid two herein be- 
 fore recited indentures of the day of 
 
 17 and the day of 17 intitled 
 
 unto during the joint lives of herielf and the 
 faid y. F. and from and after the deceafe of 
 the faid J. F. during the life of her the faid Mary 
 Finch; And to be further charged and chargeable 
 upon, and to be ifluing and payable out of fuch further 
 yearly fum as, together with the annual intereft and 
 (dividends of the faid fum of 2O,ooo/. 3 per cent, con- 
 folidated Bank annuities, will make the yearly fum of 
 8oo/. fecured to be paid to her the faid M. F. during 
 the joint lives of her the faid J, F. by the faid herein 
 
 before in part recited indenture of the day of 
 
 .. 17 and to be alfo fecured by the bond or 
 
 obligation of the faid Mary Finch, and a warrant of 
 attorney to confefs a judgment thereon, as herein 
 after is particularly mentioned, for and during the 
 natural life of her the faid Mary Finch, out of which 
 laid fum of 14.00!. it was agreed, That all cofts, 
 charges and expences attending the faid contrail:, and 
 for preparing and perfecting the feveral fecurities for 
 the fame, and for preparing and inrolling a memorial 
 thereof, fhould be borne and paid by the faid Mary 
 Finch. Recite the bond and warrant of attorney, Pre- 
 tedent No. VIII. ~Add grant of annuity to be ijjitlng 
 out cf the intercjl and dividends of Jaid 5OOO/. 4 per 
 cents, and likewife out of the interejt and dividends of 
 faid 20,OOol, 3 per cents, and alfo out of fuch fur~ 
 ther fum as, together with the interejt and dividends of 
 the 2O,OOol. 3 per cent, would make the yearly fum 
 of 8ool. as in Precedent No. X) Add covenant to pay 
 annuity. AND THIS INDENTURE FURTHER 
 WITNESSETH, That for the corifiderations afore, 
 
 laid'
 
 2(>4 APPENDIX OF PRECEDENTS. 
 
 Afsignmentof faid, and for the further and better fecuring the due 
 oftheSoooi. a and punctual payment of the faid annuity or clear 
 afvidcnd's of yearly fum of 2oo/. herein before granted ; And alib 
 50001. to Bran- f or an( j j n confideration of the fum of IQJ. of like 
 for Sing an- lawful money to her the faid Mary Fitz in hand, well 
 nuity. a nd truly paid by the faid Walter Hallett at or before 
 
 the fealing and delivery of thefe prefents, (the receipt 
 whereof is hereby acknowledged) file the faid Mary 
 Finch HATH, &c. and by thefe prefent doth bargain, 
 fell, affign, transfer, and fet over unto the faid Walter 
 Hallett, his executors, adminiftrators, and afligns, 
 all and fingular the annual dividends, intereft, and 
 proceeds whatfoever, that (hall or may at any time 
 hereafter, during the life-time of the faid Mary Fitz y 
 accrue on, grow due, or be received for, upon, or in 
 refpe& of the faid fum of 50OO/. 4 per cent. Bank 
 annuities herein before mentioned, and every part 
 thereof; And aifo all and fingular the annual divi- 
 dends, intereft, and proceeds whatfoeves, that fhall 
 or may at any time hereafter during the joint lives of 
 the faid jf. F. and Mary Finch, and from and after 
 the deceafe of the faid J. F. during the life-time of 
 her the faid Mary Finch accrue or grow due, or be 
 received for, upon, or in refpect of the faid fum of 
 .20,coo/. 3 per cent, confolidated Bank annuities 
 herein before mentioned, and every part thereof, and 
 alfo all fuch further yearly fum as, together with the 
 faid intereft and dividends of the faid fum of 2O,OOol. 
 3 per cent. Bank annuities, v/ill make the yearly 
 Jum of 8oo/. fecured to be paid to the faid Mary 
 Finch during the joint lives of herfelf and the faid 
 J. F. as aforefaid ; And all the eftate, right, title, in- 
 tereft, property, claim, and demand whatfoever of 
 her the faid Mary Finch, both at law and in equity, 
 of, into, or out of the faid hereby affigned premifes, 
 and every part or parcel thereof, TO HAVE AND 
 1 O HOLD, receive, perceive, and take all and fin- 
 gular the faid annual dividends, intereft, and pro- 
 ceeds of the faid fum of 50OO/. 4 per cent. Bank 
 annuities hereby affigned unto the faid Walter Hallett> 
 his executors, adminiftrator.s, and afligns, for and 
 5 during
 
 APPENDIX OF PRECEDENTS. 5a 
 
 during the natural life of her the faid Mary Finch i 
 AND TO HAVE AND TO HOLD, receive, per- 
 ceive, and take all and fingular the faid annual divi- 
 dends, intereft, and proceeds of the faid fum of 
 20,ooo/. 3 per cent, confolidated Bank annuities unto 
 the faid fraltcr Hallett^ his executors, adminiftrators, 
 and affigns, for and during the joint lives of the faid 
 J. F. and Mary Finch, and after the deceafe of the 
 faid J. F. during the life of the faid Mary Finch ; 
 AND TO HAVE AND TO HOLD, receive, per- 
 ceive, and take all and fingular fuch further yearly 
 fum as, together with the annual intereft and divi- 
 dends of the faid fum of 2o,ooo/. 3 per cent, con- 
 folidated Bank annuities, will make up the yearly 
 fum of 8ooA unto the faid Walter Hallett^ his execu- 
 tors, adminiftrators, and affigns, for and during the 
 joint lives of the faid J. F. and Mary Finch. AND 
 it is hereby declared and agreed by and between the 
 faid parties to thele prefents, That the faid Walter 
 Hallett^ his executors, adminiftrators, and affigns, 
 {hall ftand poflefled of and intereiled in the faid annual 
 dividends, intereft, and proceeds of the faid feveral 
 fums of 5000/. 2O,ooo/. and of fuch yearly fum hereby 
 affigned ; UPON THE TRUSTS neverthelefs, and 
 to and for the ends, intents, and purpofes herein- 
 after exprefled and declared of and concerning the 
 fame, (that is to fay) UPON TRUST, in the firft 
 place thereout to difcharge, fatisfy, retain, and pay 
 the faid annuity or clear yearly fum of 2OO/. and all 
 arrears thereof that mould be due and owing unto him 
 the faid Waiter Hallett^ his executors, adminiftrators, 
 and affigns, at the days and times herein before 
 limited and appointed for payment thereof as aforefaid, 
 or asfoon afterwards as the laid affignedpremifes received 
 and got in fhould be fufficient to difcharge and fatisfy 
 the fame, and all cofts, charges, and expences what- 
 foevcr which the faid Walter Hallett^ his executors, 
 adrm;u'ftrators, and affigns {hall fuftain, expend, or 
 
 be put unto in or about the recovery of the faid hereby 
 affigned premifes. AND THEN UPON Til IS 
 
 -FURTHER TRUST, That he the faid Walter Hal-
 
 APPENDIX OF PRECEDENTS. 
 
 lett, his executors, adminiftrators, or affigns {hall, 
 from time to time, pay and apply all the refidue and 
 furplus of the faid hereby affigned premifes unto the 
 faid Mary Fitz and her affigns, and to, for, or upon 
 no other truft, intents, or purpofe whatfoever. AND 
 THIS INDENTURE FURTHER WITNES- 
 yeai-liTpurfu- SETH, That for the confiderations aforefaid, and for 
 ance of the t h e better and more effectually affigning and afluring 
 nfedTn^ited'of unto the faid Walter Hallett, his executors, adminif- 
 feparation in trators, and affigns, the faid yearly intereft, dividends, 
 jImee. f and proceeds [of the faid fum of 2O,ooo/. 3 per 
 cent, confolidated Bank annuities, and fuch further 
 yearly fum as, together with the annual intereft and 
 dividends of the faid fum of 2o,ooo/. 3 per cent, confo- 
 lidated Bank annuities, as would make the yearly fum 
 of 8oo/. during the joint lives of the faid J. F. and 
 Mary Finch, and from and after the deceafe of the 
 faid J. F. during the life of the faid Mary Finch, 
 fo hereby affigned to him and them, upon the 
 trufts aforefaid, ftie the faid Mary Finch (in 
 iuance and in excrcife and execution of all 
 every, or any of the powers and authorities to 
 in that behalf given and referved in and by the 
 herein before in part recited indenture of the - 
 day of 17 and of any other power 
 authority to her in that behalf given and referved) 
 DOTH hereby exprefsly order, direct, and appoint,That 
 they the laid T. C. and E. A. their executors, admi- 
 niftrators, or affigns, do and {hall from henceforth, 
 during the joint lives of them the faid J. F. and Mary 
 Finch, well and truly pay, or caufe to be paid, unto 
 the faid Walter Hallett, his executors, adminiftrators, 
 and affigns, all and every the annual dividends and 
 proceeds of the faid feveral fums of 2O,ooo/. 3 per 
 cent, confolidated Bank annuities, and fuch further 
 yearly fum as, together with the annual intereft and 
 dividends of the faid fum of 2o,ooo/. 3 per cem> 
 confolidated Bank annuities, as will make the yearly 
 fum of 8oo/. when and as the fame fliall be re- 
 vived or come to their hands_, by virtue of the truft 
 
 contained
 
 APPENDIX OF PRECEDENTS. ao; 
 
 contained in the faid herein before recited indenture of 
 
 the day of 17 ; Neverthelefs upon the 
 
 trufts, and to and for the ends, intents, and purpofes 
 herein before mentioned, expreffed, and declared of 
 and concerning the fame. AND the faid Mary Finch 
 DOTH, (in purfuance and by virtue of any power and 
 authority to her in that behalf likewife given and 
 referved in and by the faid herein before in part re- 
 cited indenture of the day of 17 ) 
 
 hereby order, direct, and appoint, That they the laid 
 K. F. T, C. and E. A, and the furvivor of them, and 
 the executors, admin iftrators, and afligns of fuch fur- 
 vivor do and (hall, from and after the deceafe of the 
 faid J. F. during the life of her the faid Mary Finch^ 
 well and truly pay, or cauie to be paid, unto the faid 
 fValter Hallett^ his executors, adminiftrators, and af- 
 figns, all and every the annual dividends and proceeds 
 of the faid fum of 20,ooo/. 3 per cent, confolidated 
 Bank annuities, fo Handing in their names upon the 
 trufts mentioned in the laft herein before mentioned 
 indenture. Neverthelefs upon the trufts, and to and for 
 the ends, intents and purpofes herein before mentioned, 
 exprefled, and declared of and concerning the fame. 
 (Add power of attorney to receive dividends ^ &c. as in 
 Precedent No. IX). AND the faid Mary Fitz^ for Covenant him 
 hcrfelf, her heirs, executors, and adminiftrators, doth KpowerX* 
 covenant, promife, and grant to and with the faid grant ani at- 
 Walter Halktt^ his executors, administrators, andaf- f) S a - 
 figns by thefe prefents, in manner following, (that 
 is to fay) That fhe the faid Mary Finch now hath in 
 herfelf good right, full power, and lawful and abfo- 
 lute authority to grant and aflure the faid annuity or 
 clear yearly fum in manner aforefaid ; And alfo to 
 grant, aflign, transfer, and appoint unto the faid 
 Walter Hallctt, his executors, adminiftrators, and af- 
 figns, the faid intereft, dividends, and annual produce 
 of the faid fum of 500O/. 4. per cent. Bank annui- 
 ties, 20,000/. 3 per cent. Bank annuities, and 
 yearly fum as aforefaid refpelively, and other the 
 premifes intended to be hereby granted and af- 
 figned in manner and form as aforelaid, according to 
 
 the
 
 208 APPENDIX OF PRECEDENTS. 
 
 And that flic is the true intent and meaning of thefe prefents. AND 
 r.o\v in receipt ALSO, That {he!the (aid Mary Finch, now at the time 
 
 of che property . , ' , . /- i / r i 
 
 Afsi&ned. of the feahng and delivery of thefe prefents, is in the 
 receipt and enjoyment of, and well intitled in pofleffion 
 unto all and every the dividends, intereft, and produce 
 of the faid fum of 50OO/. 4 per cent. Bank annuities, fo 
 purchafed with the faid legacy fo given and bequeathed 
 to her, and now ftanding veiled in the name of the faid 
 K. F. as aforefaid ; And that fhe is alfo in the receipt 
 and enjoyment of, and well entitled in pofleflion unto 
 all and every the dividends, intereft, and produce of 
 the faid fum of 2O,ooo/. 3 per cent, confolidated Bank 
 annuities ; And alfo fuch further annual fum as, toge- 
 ther with the faid laft-mentioiied dividends, amounts to 
 the laid annuity or yearly fum of 8oo/. (Add a covenant 
 
 And that flie againjl incumbrances). AND ALSO, That fhe the faid 
 
 wtaSorance **?*> ^ //% *h a11 and wl ^ from time to time > and at a11 
 office for the times during her life, at the requeft of the faid Walter 
 purpofeofgran- Hallett- his executors, admin iftrators, and afligns, ap- 
 
 iCC > llllUlillff 
 
 hei life. pear in perfon, as often as there {hall be occafion for 
 
 her fo doing, (upon her having reafonable notice there- 
 of) at any office or place of infurance, or to any under- 
 writer or under-wrkers within the cities of London or 
 Wejlmlnjler^ or {hall fend to him or them notice of her 
 place of abode, and, if neceflary, vouchers or certificates 
 of her the faid Mary Find) being living, and of the 
 ftate and condition of her health, in order that the 
 faid Walter Hailett t his executors, adminiftrators, or 
 afligns, may infure the life of her the faid Mary Finch ^ 
 for the better and more effectually fecuring to him and 
 them the faid annuity or yearly fum of IOO/. herein 
 before mentioned. (Add covenant for further ajfitr- 
 ance> defeasance en judgment^ and claufe of redemption.) 
 In witnefs, &c. 
 
 No. XIII.
 
 APPENDIX OF PRECEDENTS. 
 
 No. XIII. 
 
 GRAXT of ANNUITY by Husband and I Fife, 
 fecitred by an Alignment of Jlfoncy to 
 which they are federally infilled under their 
 'Marriage Settlement, and likewife the In- 
 tereft of Money to which the IVife is infilled 
 for her Life, with a Declaration from the 
 Tntftces, under the Settlement that they 
 will pay the Monies when received by them, 
 agreeable to Alignment. 
 
 THIS INDENTURE made, &c. between Wll- Ptl, 
 Ham Crane, of, &c. and Mary his wife, of the firft 
 part ; Z. B. of, &c. gent, and R. D. of the fecond 
 part ; and y. C. of, &c. gent, of the third part. 
 WHEREAS George Jewctt, late of - , in the Recital of will, 
 county of - , Efq. in and by his laft will and ^nS-s^ife 
 teftament in writing, bearing date on or about the was inritied to 
 - day of - , which was in the year of our jjjjjg jJ^J* 
 Lord - , (amongft other things) gave and be- tor's eftates. 
 queathed unto the faid Mary Crane, by her then 
 name of Alary Lade, the fum of iooo/. to be paid to 
 her when fhe fhould attain her age of 21 years ; And 
 the faid teftator did thereby charge all his real eftates 
 with the payment of the fame, and the faid teftator 
 appointed Sarah his wife fole executrix of his faid 
 will, who foon after his deceafe duly proved the 
 fame. AND WHEREAS The faid Sarah ^*Andthattfit 
 hath alfo departed this life, having fir It duly made and f uc h will WM 
 publifhed her laft will and teftament in writing, bear-'^nd, leavinj 
 ing date the -- day of - , 178 , and thereby e> 
 appointed William Brewer, of - , in the county of 
 . . . . ., gent, and Thomas Fijh, of the fame place, 
 gent, executors thereof, and the laid Jf'illiam Brewer 
 r alone
 
 APPENDIX OF PRECEDENTS. 
 
 aeem ^ P roved the fame> AND WH EREAS 
 
 nu g de u on The by indenture bearing date on or about the - day of 
 inairingeof the - latt paft, and made or expreiTed to be made 
 w^wLm-hy between the faid William Crane and. Mary his wife, 
 part of the le- of the one part, and the faid Zackariah Brook and 
 ESS'huf?" R^ard Down of the other part, AFTER RECIT- 
 band, ami p.irt ING to the effect hereing before recited, and recit- 
 
 e&e"ira fC * >> that the faid Mar y Crane ^ On r about the - 
 ufe, and'-.he day of - then laft pall attained her age of 21 
 
 vefte'nn'truf- >' eil:5 > and that & e > or the faid ?WUam Crane in her 
 tees, to pay the" right, had become intitled to receive the faid legacy, 
 tereft for the or f um O f iooo/. given to her as aforefaid, by the 
 Che wife for faiJ recited will of the faid George yewett. IT IS 
 j' o fe t ' h rejnamder\VITNESSED, That for the ccnfiderations therein 
 band and liie mentioned, they the faid William Crane and Mary 
 iftiieofthe his wife did bargain, fell, afHen, transfer, and fet 
 over unto the faid Z. B. and' R. D. their executors, 
 adminiftrators, and affigns, the faid legacy or fum of 
 i POO/, fo given and bequeathed to the faid Mary 
 Crane in and by the faid recited will of the faid Ed- 
 ward Je-wett as aforefaid, and all interefr, due and to 
 grow due for the fame, TO HOLD the fame unto 
 the faid Z. B and R. D. their executors, adminiftra- 
 tors, and afligns upon the trufts following, (that is to 
 fay) UPON~TRUST, As to the fumof2oo/. part 
 thereof, to pay the fame to the faid IVilllam Crane^ 
 his executors, adminiftrators, and affigns ; And as to 
 the other 30O/. other part thereof, IN TRUST to 
 pay the fame to the faid Mary Crane^ or to fuch per- 
 ion or perfons as fhe fhould by any note in writing 
 under her hand direct and appoint to receive the 
 fame, to the intent that the fame might be for her 
 own feparate ufe, independent of the faid William 
 Crane, and not be fubject to his debts, controul, or 
 engagements : AND it is by the faid indenture now 
 in recital declared, that the receipt or receipts of the 
 faid Mary Crane, notwithftanding her coverture, or 
 of fuch perfon- of perfons as fhe ihould appoint to re- 
 ceive the fame, and her and their receipts only fhould 
 be a good and fufficient difcharge and difcharges to 
 the faid Z. B. and R. D. for the fame ; And as to 
 
 for
 
 APPENDIX OF PRECEDENTS. tll 
 
 for and concerning the fum of 5OO/. the refidue and 
 remainder of the laid fum of icoo/. UPON TRUST, 
 that they the faid Z. B. and R. D. and the furvivor of 
 them, and the executors, adminiftrators, or affigns 
 of fuch furvivor, fhould place out and invert the fame 
 either in the public funds or government fecurities, 0r 
 at intereft upon real fecurities, and fhould from time 
 to time alter and vary fuch ftocks, funds, and fecuri- 
 ties as occafion fhould require, yet fo that every fuch 
 alteration, variation, fale, or difpofition which fhould 
 be made during the lives of the faid William Crane and 
 Mary his wife, and the life of the furvivor of them, 
 be made with their confent, teftified by any writing 
 under their hands, or under the hand of the furvivor of 
 them. AND UPON THIS FURTHER TRUST, 
 That they the faid Z. B. and R. D. their executors, 
 adminiftrators and afligns fhould ftand and be pof- 
 fefTed of and interefted in the faid fum of 500/. and 
 the ftocks, funds, and fecurities upon which the fame, 
 or any part thereof, fhould be laid out and and inverted 
 UPON TRUST to pay and apply the inter eft, divi- 
 dends, and annual proceeds thereof unto the faid 
 Mary Crane, or to fuch perfon or perfons as fhe fhould 
 from time to time, by any note or writing under her 
 hand, direct or appoint to receive the fame, during 
 her life, to the intent that the fame might be for her 
 fole and feparate ufe and benefit, exclulive of the faid 
 William Crane, and not be fubje<5t to his debts, con- 
 troul, or engagements. AND it is by the faid in- 
 denture now in recital declared, that the receipt or 
 receipts of the faid Mary Crane, or of fuch other 
 perfon as fhe fhould appoint to receive the fame, and 
 her or their receipt or receipts fhould, notwith- 
 ftanding her coverture, be good and fufficient difcharge 
 or difchargestothefaid Z. B. and R.D. their executors, 
 adminiftrators, and afligns, for fo much thereof as fhould 
 therein be exprefled or acknowledged to be received. 
 AND from 3 nd after the deceafe of the faid Mary 
 Crane, UPO N TRUST, to pay to or fufficiently au- 
 thorize and empower the faid William Crane and hi s 
 p 2
 
 APPENDIX OF PRECEDENTS. 
 
 jlffigns to receive and take the faid dividends, intereff, 
 and annual produce thereof for and during the term 
 of his natural lite, and from and after the deceafe of 
 the furvivor of them the faid William Crane and Mary 
 his wife, UPON SUCH TRUSTS in favour of the 
 children of the faid William Crane and Mary his wife, 
 85 are therein contained ; And it is by the (aid inden- 
 ture now in recital declared, That in cafe there fhould 
 be no child of the faid William Crane and Mary his 
 wife, or being fuch, all fuch of them as fhould be a 
 ion or fons fhould die under the age of 21 years, and 
 as fhould be a daughter or daughters, fhould die under 
 the age of 21 years, and without having been mar- 
 ried, then the faid fum of 5oo/. fhould be IN TRUST 
 /or the furvivor of them the faid William Crane and 
 Mary his wife, his or her executors, adminiftrators, 
 and affigns. AND WHEREAS The faid John 
 Cock; hath contracted and agreed with the faid Wil- 
 liam Crane and Mary his wife, for the abfolute pur- 
 Recital of con- chafe of one annuity or yearly fum of 50/. of lawful, 
 tradtforan- c< to fe p a jj to t ^ e f a jj "J ^ n Cocks^ his executors, 
 
 nuity> whereby , . ./, , ~ J / r 
 
 the fame is to administrators, and afligns, free from all taxes and 
 
 he fecured by deductions whatfoever for and during the life of the 
 an nfsienment / 1 *.*/- r i r r ? 
 
 of the faid le- teid Mary Crane^ at or for the price or fum or 35O/, 
 
 out of which, &c. (ftate the expences). AND 
 WHEREAS UPON THE TREATY for the pur. 
 chafe of the faid annuity or clear yearly fum of 5O/. 
 it was agreed by and between the faid William Crane 
 and Mary his wife and the faid John Cocks^ that for 
 the more effe&ually fecurina; the payment thereof 
 unto the faid John &>cks y his executors, adminiftra- 
 tors, and afligns, ALL THE INTEREST of them 
 the faid William Crane and Mary his wife, and each 
 of them, of and in the faid legacy or fum of iooo/. fa 
 given and bequeathed to the faid Mary Crane in and 
 by the faid will of the faid George Jewett^ and ak 
 figned to the faid Z. B. and R. D. by the faid herein- 
 before in part recited indenture of the day of 
 
 now laft paft, UPON TRUST, as therein 
 
 is mentioned, Ihould be afligned unto the faid John
 
 APPENDIX OF PRECEDENTS. 
 
 Cocks, his executors, aclminiftratofs, and afllgnsj 
 UPON THE TRUSTS, and to and for the intents 
 and purpofes hereinafter exprefled and declared of and 
 concerning the lame. AND WHEREAS it will he 
 inconvenient for the faid William Crane to attend and 
 be prefent at the time of the payment of the purchafe- Recital that the 
 money for the faid annuity, he hath therefore con- J^K? ' 
 fented and agreed, that the fame {hall be paid to the ceive thepur- 
 faid Mary his wife, and that her receipt fhall be a hm dSlhe 
 fufficient discharge to the perfon or perfons paying fame to be paid 
 the fame (Recite bond and warrant of attorney from to his wife - 
 fold William Crane, Precedent No. Fill). NOW 
 THIS INDENTURE WITNESSETH, That In 
 purfuance of the faid agreement, and for and in con- Grant of anhui. 
 federation of the fum of 35/. of lawful, &c. by the 5 
 laid John Cocks to the faid Mary Crane, at the requeft 
 and by the direction of the faid William Crane, tefti- 
 fied by his being a party to and executing thefe pre- 
 fents, in hand well and truly paid at or before the 
 fealing and delivery of thefe prefents, the receipt 
 whereof {he the faid Mary Crane doth hereby ac- 
 knowledge, and that the fame is in full for the pur- 
 chafe-money of the faid annuity, and thereof and of 
 and from the fame and every part thereof doth ac- 
 quit, releafe, and difcharge the faid "John Cocks, his 
 executors, adminiftrators, and affigns, and every of 
 them, fur ever, by thefe prefents ; And alfo for and 
 in confideration of the fum of IDS. of like lawful 
 money by the faid 'John Cocks to the faid William 
 Crane in like manner paid, the receipt whereof is 
 "hereby acknowledged ; they the faid William Crane 
 and Mary his wife HAVE and each of them HATH 
 given, granted, bargained, fold, and confirmed ; And 
 by thefe prefents DO, &c. unto the faid John Cocks, 
 his executors, adminiftrators, and affigns, for and 
 during the natural life of her the faid Mary Crane^ 
 one annuity or clear yearly fum of 5O/. of lawful, 
 &c. free and clear of and from all taxes and deduc- 
 tions whatfoever, TO HAVE, HOLD, receive, 
 take and enjoy the faid annuity or clear yearly 
 P 3 Jfiun
 
 2/4 APPENDIX OF PRECEDENTS. 
 
 Aim of 5o/. unto the faid John Cocks, his executors, 
 atlminiftrators, and afligns, from henceforth for and 
 during the natural life of the faid Mary Crane, and up to 
 the day of her deceafe, by four equal quarterly payments 
 in the year on the feveral days following, that is to fay, 
 
 on the day, &c. in every year, together with a 
 
 proportionable part of the faid annuity or yearly fum 
 for the time, which at the deceafe of the faid Mary 
 Crane (hall have elapfed of the quarterly payment of 
 the faid annuity, growing due at the time of her de- 
 ceafe. AND THIS INDENTURE FURTHER 
 Afsignment by WITNESSETH, That in further purfuance of 
 amUvH^of le-** 16 &id agreement, and for the confiderattons afore- 
 gacy and mte- faid, they the faid William Crane and Mary his wife 
 
 reft upon mift HAVE, and each each of them HATH granted, bar- 
 forlecunngan- -irirr j c i j / 
 
 nuity. gamed, fold, alugned, transferred, and let over, appoint- 
 
 ed, and confirmed, AND BY THESE PRESENTS 
 DO, &c. unto the faid John Cocks, his executors, 
 adminiftrators, and afligns, the faid fum of 2OO/. in and 
 by the herein before in part recited indenture declared 
 to be in truft for the faid William Crane, his executors, 
 adminiftrators, and afligns ; And alfo the faid fum of 
 300/. in and by the fame indenture directed to be paid 
 to the faid Mary Crane , or fuch perfon as {he {hall ap- 
 point ; And alfo all the intereft, dividends, and annual 
 produce now due, and henceforth, during the life of the 
 laid Mary Crane, to arife from the fum of 50O/. the 
 intereft, dividends, and annual produce are by the 
 faid indenture directed to be paid to the faid Mary Crane, 
 or fuch perfon or perfons as fhe {hall appoint, dur- 
 ing her life ; And alfo all the reverfionary and other 
 right, title, and intereft of them the faid William 
 Crane and Mary his wife, and each of them, of and 
 in tho faid fum of 5CO/. upon the event of f uch fai- 
 lure of children of them the faid William Crane and 
 Mary his wife, as in the faid recited indenture is men- 
 tioned ; And all other the right, title, intereft, pro- 
 perty, claim and demand whatfoever of them the faid 
 William Crane and Mary his wife, each or either of 
 them, of in to or out of the faid legacy or fum of 
 
 IDOO/.
 
 APPENDIX OF PRECEDENTS.. 
 
 looo/. given and bequeathed to the laid Mary Crane 
 by the faid will of the faid George Jewett as afore- 
 faid, TO HAVE AND TO HOLD, receive, per- 
 ceive, take, and enjoy the faid feveral fums of money, 
 intereft, dividends, and annual produce, and other the 
 premifes herein before mentioned, and intended to be 
 hereby affigned and appointed unto the laid "John 
 Cscks^ his executors, adminiftrators, and afligns, upon 
 the trufts neverthelefs, and to and for the intents 
 and purpofes, and under and fubjecl: to the provifoes, 
 deductions, and agreements hereinafter mentioned, 
 exprefTed, and declared of and concerning the fame, 
 (that is to fay) UPON TRUST, that he the faid 
 John Cocks^ his executors, adminiftrators, or af- 
 figns, (hall and do by with and out of the faid feveral 
 fums of money, intereft, dividends, and annual pro- 
 duce, and other the premifes herein before-mentioned, 
 and intended to be hereby affigned and appointed from 
 time to time pay and retain to hiinfelf and themfelves 
 yearly, and every year for and during the natural life of 
 the faid Mary Cram the faid annuity or clear yearly 
 fum of 5O/. of lawful money of Great Britain^ hereby 
 granted at the days and times herein before and by 
 the condition to the faid bond mentioned and ap- 
 pointed for payment thereof; And in the next place 
 {hail and do pay all the coils, charges, and expences 
 which the faid 'John Cocks^ his excecutors, adminiftra- 
 tors, or affigns {hall fuffer, fuftain, or be put unto 
 by reafon or means of the nonpayment of the faid 
 annuity or yearly furtt of 5O/. or any part thereof, or 
 for or in refpecl of any other matter, caufe, or thing 
 whatfoever relating thereto, or to the trufts hereby 
 vefted or repofed in the faid Jubn Coth, his execu- 
 tors, adminiftrarors, and affigns ; AND UPON 
 FURTHER TRUST to pay the refidue and re- 
 mainder of the faid feveral fums of money, intereft, 
 dividends, and annual produce, and other the pre* 
 mifes herein-before mentioned, and intended to be 
 hereby afsigned and appointed unto the peYfon or per- 
 fons who would have- been intitled to have received 
 the fame, if thefe prefents had not been made and 
 executed (Add power of attorney to receive the divi~ 
 
 r 4 
 
 215
 
 APPENDIX OF PRECEDENTS. 
 
 denJs, &c. and covenant to pay annuity, and that 
 'ic ^nd -wife bad done no aft to in cumber, and 
 that t*iy will jujlify and allow the atfs of Cccks ; 
 and for further ajjurance, as in Precedent No. IX.) 
 
 h m, by AND !t is hereb / a reed and <k cla r ed by and be- 
 that they win, tween the faid parties to thefe prefents and parti- 
 ^f^^cularly by the faid Z. B. and R. D. fo far as they 
 fore contained, lawfully may or can, and at the requeft and by the 
 SSgSi?o tS direction of the faid William Crane and Mary his 
 icr.intor upon wife, tertitied by their being parties to and refpec- 
 i.errvft* afore- t j ve iy executing thefe prefents, do hereby declare 
 and agree that they the faid Z. B. and R. D. their 
 executors, adminiftrators, and afsigns, (hall and will 
 pay, apply, and difpcfe of the faid feveral fums of 
 money, intereft, dividends, and annual produce, and 
 other the premifes herein-before mentioned to be 
 hereby afligned and appointed as and when the fame 
 fhall be received by them upon the trufts and to 
 and for the intents and purpofes herein-before men- 
 tioned, exprefled, and declared of and concerning the 
 fame. (Add defeasance on judgment^ and Claufe of 
 redemption.) In witnefs, &c. 
 
 No. XIV. 
 
 GRANT of ANNUITY for the Life of the 
 d ran tor, fecit red by the Deed of Covenant 
 of the. Grantor, mid two others. 
 
 THIS INDENTURE made, &c. between John 
 Arties. Pratt, of &c. gent. William Pratt , of, &c. gent, 
 
 and Abraham Cant, t>f, &c. gent, of the one part, and 
 Thomas Wood) of, &c. gent, of the other part r 
 t^t t forannu: WHEREAS the ^ [Thomas Wood, hath contraSed 
 and agreed with the faid John Pratt, for the purchafe 
 of one annuity, or yearly fum of 30'/. of lawful money 
 of G: cat Britain, tbbe paid to the faid Thomas Wood* 
 his executors adminiftrators andafligns, free from taxes, 
 and clear of all other deductions whatfoever, for and 
 during the natural life of him, the faid John Pratt, 
 at or for the price or fum of 2io/. AND WHEREAS 
 
 UPONT
 
 APPENDIX OF PRECEDENTS. 
 
 upon the treaty for the purchafe of the faid annuity, 
 or yearly fum of 30/. it was agreed, by and between 
 the (aid Tkv,ias Wood and 'John Pratt, that for fecuring 
 the payment thereof unto the laid Thomas Wood the fame 
 fhould be fecured by thefe prefents. AND that the 
 lame fhould aifo be fecured by the bond and warrant 
 of the faid John Pratt, and William Pratt, and 
 Abraham Cant, who had agreed to join therein as 
 fecurity for the faid Jihn Pratt, AND WHEREAS 
 upon the treaty for the purchafe of the faid annuity, or 
 yearly fum of 3<D/. it was likewife agreed, That all 
 colts charges -and expences attending the faid contract, 
 and for preparing and 'per feel ing the feveral fecurities 
 for the fame, and for preparing and inrolling a memo- 
 rial thereof, fhould be borne and paid by the faid John 
 Pratt. AND WHEREAS in purfuance of the faid Recital of bond 
 agreement, the faid John Pratt, William Pratt, and a J -arrant of 
 Abraham Cant, by their bond or obligation in writing, attorney ' 
 bearing even date with thefe prefents, have and each 
 and every of them hath become jointly and fevera-lly 
 bound unto the faid Thomas JVood, in the penal fum 
 of 42o/. with a condition thereunder written, for 
 making void the fame, if the faid John Pratt, William 
 Pratt, and Abraham Cant, or any of them, their or 
 either of their heirs, executors, or adminiftrators, fhould 
 well and truly pay, or caufe to be paid, unto the faid 
 Thomas Wood, his executors adminiftrators oraffigns, 
 for and during the natural life of him the faid John 
 Pratt, one annuity or yearly fum of 3O/. of lawful 
 money of Great Britain, free from taxes, and clear 
 of all other deductions whatfoever, on four days or 
 
 times in the year, that is to fay on the day of 
 
 &c. in every year by even and equal portions, the firft 
 
 payment thereof to begin and be made on the 
 
 day of next enfuing, the day of the date of 
 
 the faid bond or obligation now in recital. And 
 alfo if the heirs executors or adminiftrators of the faid 
 John Pratt, or the faid William Pratt, and Abraham 
 Cant, or either of them, their or either of their heirs, 
 executors or adminiftrators, (hould well and truly pay, 
 or caufe to be paid unto 'the faid Thornis Wood, his 
 
 executors
 
 APPENDIX OF PRECEDENTS. 
 
 executors adminiflrators or afligns, in cafe the faicl 
 
 John Pratt fhould happen to depart this life on any 
 
 cay on which any quarterly payment of the faid 
 
 annuity or yearly fum of 3O/. fhould have become due, 
 
 the whole of fuch quarterly payment. And if on any 
 
 other day, in cafe fuch day ihould happen before any 
 
 quarterly payment of the laid annuity, or yearly fum 
 
 of 3O/. fnould have become due, then a proportionable 
 
 part of the quarterly payment of the laid annuity, 
 
 or yearly fum of 30/. to be computed from the day of 
 
 the date of the above written bond or obligation, to 
 
 the day of the death of the faid John Pratt. But in 
 
 cafe any quarterly payment of the faid annuity or 
 
 yearly fum of 3<D/. fhould have become due at the 
 
 time of the deceafe of the faid John Pratt^ then 
 
 from fuch of the faid quarterly days of payment of the 
 
 faid annuity, or yearly fum of 30/. as fhould happen 
 
 to be next and immediately preceding the day of 
 
 the deceafe of the faid John Pratt, to the day of 
 
 his deceafe. AND WHEREAS in further purfuance 
 
 of the faid agreement, the faid John Pratt^ William 
 
 Pratt) and Abraham Cant^ have executed a warrant 
 
 of attorney, bearing even date with the faid bond or 
 
 obligation, and thefe prefents, thereby authorizing and 
 
 empowering certain attornies therein named, to con- 
 
 fefs a judgement againft them in his Majefly's Court 
 
 of King's Bench, in an action of debt upon the faid 
 
 bond, for the faid fum of 420/. and cofts of fuit. 
 
 As by the faid bond or obligation and warrant of 
 
 attorney, reference being thereunto reflectively had, 
 
 may more fully and at large appear. NOW THIS 
 
 Confederation. INDENTURE WITNESSETH That in further 
 
 purfuance of the faid agreement, and for and in con- 
 
 fideration of the fum of 2io/ of lawful money of Great 
 
 Britairi by the faid Thcmas Wood^ in his own proper 
 
 perfon, in hand well and truly paid to the faid John 
 
 Pratt) in his own proper perfon, at or before the 
 
 fealing and delivery of theie prefents, out of which 
 
 faid fum of 2io/. the faid John Pratt^ immediately 
 
 after receiving the fame, paid to Robert White > of &c. 
 
 cnt. the fum of /. for attendances refpedling 
 
 the
 
 APPENDIX OF PRECEDENTS. 215 
 
 the granting of the faid annuity, and for preparing 
 and perfecting the feveral fecurities for the fame, and 
 h>r preparing and inrolling a memorial, thereof. The 
 receipt of which faid fum of 2io/. he the faid John 
 Pratt) doth hereby confefs and acknowledge, and 
 .thereof, and of and from the fame, and every part 
 thereof, doth acquit, releafe, and for ever difcharge 
 the laid Thomas Wood) his executors adminiftrators 
 and affigns, and every of them by thefe prefents. 
 AND alfo for and in confideration of the fum ofiOf. 
 a piece to each of them the faid William Pratt) and 
 Abraham Cant, in hand well and truly paid by the faid 
 Thomas Wood, at or before the fealing and delivery 
 of thefe prefents, the receipt whereof they the faid 
 Wiuiant Pratt, and Abraham Cant do, and each of 
 them doth hereby acknowledge, they the faid 'Jobs, 
 Pratt) William Pratt) and Abraham Cant) HAV 
 and each and every of them HATH given granted Grant of ana- 
 bargained fold and confirmed, and by thefe prefents u y- 
 DO and each and every of them DOTH give 
 grant bargain fell and confirm unto the faid Thomas Wood y 
 his executors adminiftrators and affigns, for and 
 during the natural life of him the faid John Pratt) 
 one annuity or yearly fum of 30/. of lawful money of 
 Great Britain, TO HAVE HOLD receive take 
 and enjoy the faid annuity or yearly fum of 3^- 
 beieby given granted and confirmed, or intended fo 
 to be, and every part thereof from henceforth, for 
 and during the natural life of him the faid John 
 Pratt) to be paid and payable unto the faid Thomas 
 Wood) his executors adminidrators and afligns, by- 
 four equal quarterly payments in the year, that is to 
 
 fay the day of &c. in every year by even and 
 
 equal portions, the firft payment thereof to begin and 
 
 be made on the day of next enfuing 
 
 the day of the date of thefe prefents, without any 
 deduction or abatement whatfoever thereout, or out 
 of any part thereof, for or in refpeS of any ' taxes 
 charges rates afleiTments or other impofitions what- 
 foever, now or hereafter to be taxed charged rated 
 affefled or impofed upon the faid annuity or yearly fum 
 
 ef
 
 APPENDIX OF PRECEDENTS. 
 
 of 30/. or any part thereof, or on the faid John Pratt, 
 William Pratt, and Abraham Cant, or any or either of 
 them, or the faid Thomas Wood, his executors , 
 adminiftrators or afligns, or any or either of them 
 in refpedt thereof by authority of parliament, or 
 otherwise howfoever, together with a proportion- 
 able part of the quarterly payment of the faid 
 annuity or yearly fum of 30/. for the time which 
 (hall elapfe between the laft of the faid days of pay- 
 ment preceding the day of the deceafe of the faid 
 John Pratt, to the day of fuch his deceafe, as in the 
 condition to the faid hereinbefore in part recited 
 bond or obligation is mentioned. AND the faid 
 John Pratt, William Pratt, and Abraham Cant, for 
 themfelves feverally and refpe&ively, and for their 
 feveral and refpeHve heirs executors and adminiftrators 
 do, and each and every of them doth covenant 
 promife and grant, to ana with the faid Thomas Wood, 
 his executors adminiftrators and afligns, by thefe 
 prefents, in manner and form following, that is to 
 fay, That they the faid John Pratt, William Pratt, 
 and Abraham Cant, or fome or one of them, or 
 their fome or one of their heirs executors or ad- 
 miniftrators fhall and will well and truly pay, or 
 caufe to be paid unto the faid Thomas Wvod, his 
 executors adminiftrators or afligns, for and during 
 the natural life of the faid John Pratt, the faid 
 annuity or yearly fum of 30/. free and clear of and 
 from all taxes charges rates and other deductions 
 whatfoever, parliamentary or otherwife, on the 
 days and times, and in manner and form herein 
 before limitted and appointed for the payment 
 thereof, together with fuch proportionable part 
 thereof as aforefaid, according to the condition of the 
 faid hereinbefore recited bond or obligation is men- 
 tioned. (Add defeasance on judgement-^ and claufe of 
 redemption.) In witnefs &e. 
 
 CHAP.
 
 221 
 
 CHAP. VII. 
 
 GRANTS OF ANNUITY CHARGED UPON 
 LEASEHOLD PROPERTY, WHERE THE 
 GRANTORS HAVE ONLY A LIFE IN. 
 TEREST. 
 
 No XV. 
 
 Grant of Annuity for the life of the Grantor, 
 charged upon a Leafekold Eftate, where the 
 Grantor has only a Life Intereft, with an 
 Alignment thereof to a Truflee for the An- 
 nuitant, who is put into the immediate 
 Receipt of the Rents, with a Direction, 
 to the Tenants to attorn, and the Te- 
 nants Attornment thereon. 
 
 1 HIS INDENTURE made &c. between Mary 
 Child, Qfkc. of the firft part, William Player, of &c. Pames " 
 of the fecond part, and William Bujh, of &c. of the 
 third part, WHEREAS John Child, late of &c. Efq. Recital of a will 
 duly made and publifhed his laft will and teftament to Z^J^r! 
 
 /.,.*-. i / r> grantor IS inn* 
 
 writing, bearing date the day of-, 1700 tied toleafe- 
 
 and thereby, among other things gave and bequeathed lloljs for li ^ Ci 
 unto A. B. and C. D. all thole his feven leafehold 
 jnefluages or tenements with their appurtenances, 
 
 Situation
 
 222 APPENDIX OF PRECEDENTS. 
 
 fituation &c. and all of them held for long terms of 
 years, TO HOLD unto the faid A. B. and G. D. 
 their executors and adaiiniir.ratqrs for the refidue of 
 the fcveral terms' of' years that fhould be therein 
 to come at the time of his deceafe, UPON TRUST 
 neverthelcfs to penr.it and fuller his dear wife, the 
 faiii M<iry Child, and her afligns, to receive the rents 
 and profits of the faid leafehoid premifes, as the 
 fame fhould become due and payable for and during 
 the term of her natural life for her own ufe and 
 benefit, and appointed the faid Jl. B. and C. D. 
 executors of his faid will. AND WHEREAS the 
 faid teftator departed this life in or about the month of 
 
 July, which was in the year of our Lord 
 
 without altering or revoking his laid will, upon 
 whofe decease, the faid A. B. and C. D. duly 
 proved the faid will in the Prerogative Court of the 
 Recital of con- Archbifhop of Canterbury. AND WHEREAS the 
 "" faid William Player, hath contracted and agreed with 
 the faid Mary Child, for the purchafe of one clear 
 rent charge, or annual fum of 5C/. to be yearly ifluing 
 and payable out of the faid Jeafehold meffuages or 
 tenements herein before mentioned, and to be fecured 
 as hereinafter is mentioned, to be paid to the faid 
 William Player, his executors adminiftrators aud 
 affigns, for and during the natural life of the faid 
 Alary Child, by four equal quarterly payments in 
 the year, together -with a proportionable part of the 
 faid annuity, for the time which, at the deceafe of the 
 faid Mary Child, fhall have elapfed of the quarterly 
 payment of the fame annuity then growing due, at or 
 for the price or fum of 300/. ou,t of which fum of 300/. 
 it was agreed that all cofts charges and expences at- 
 tend! ng the faid contract, and tor preparing and per- 
 fecting the feveral fecurities for the fame, and for 
 preparing and inrolling a memorial thereof, and in- 
 rolling' the fame, fhould be borne and paid by the 
 faid Mary 'Child. AND WHEREAS it was agreed 
 upon the y treaty for the purchafe of the faid annuity, 
 that the faid feveral meffuages or tenements fhould 
 be afligned to a truftee, in manner hereinafter men- 
 tioned.
 
 APPENDIX OF PRECEDENTS. 223 
 
 tioned, for better fecuring the payment of the faid 
 annuity, and fhould be further fecured by the bond or 
 obligation of the faid Mary Child, and alfo by a war- 
 rant of attorney for confefling a judgement on the faid 
 bond as hereinafter is mentioned. (Recite the bond and 
 warrant of attorney as in Precedents No. 8.J NOW 
 THIS INDENTURE WITNESSETH, (Add 
 grunt of annuity as in Precedents XV II. covenant 
 .to pay annuity, and powers of dijlrefs and entry as 
 in Precedent XX17.) AND THIS INDEN- Assignment of 
 TURE FURTHER WITNESSETH, that 
 the confiderations aforefaid, and for the further and 
 better fecuring and enforcing the due and pundtual 
 payment of the faid annuity or clear yearly rent 
 charge of 5O/. hereby granted as aforefaid, and alfo 
 for and in confideration of the fum of iQj. of like 
 lawful money of Great Britain to the faid Mart 
 Child, in hand paid by the faid William Bitjh, at or 
 before the fealing and delivery of thefe prefents, the 
 receipt whereof is hereby acknowledged, {he the faid 
 Mary Child, (at the nomination and by the direction 
 of the faid William Player, teftified by his being a 
 party to and executing thefe prefents) HATH grant- 
 ed bargained fold affigned transferred and fet over, 
 and by thefe prefents DOTH grant bargain fell affirm 
 transfer and fet over, unto the faid William Bii/h, 
 his executors administrators and afligns, all andfmgular 
 (fhite the premifes) to which the laid Mary Child is 
 intitled for her life, under and by virtue of the herein 
 before recited will of the faid 'John Child deceafed, 
 and all her right title intereft property claim and 
 demand whatfoever as well legal as equitable, of 
 her the faid Mary Child, of in to or out of the 
 fame, every or any part thereof, TO HAVE HOLD 
 perceive take and enjoy the faid feven leafehold mef- 
 luages or tenements and premifes hereinbeiore mention- 
 ed, and intended to be hereby afligned unto the laid 
 William Bujh, his executors administrators and afligns 
 for and during all the reft refidue and remainder of 
 the faid feveral terms and interefts for which the 
 faid Jeafeho.ld premifes are held, provided flie the 
 
 (aid
 
 204 APPENDIX OF PRECEDENTS. 
 
 Upon truft out'faiJ Jtf ary child (hall fo long live UPON THE 
 ! 10 TRUSTS and tO aild f r thc iutClUS aild 
 
 ana if iniuiH-and under and fubje& to the powers provifoes 
 e w declarations and agreements hereinafter mentioned 
 expreilcd and declared, of and concerning the fame, 
 {that is to fay) UPON TRUST in the fir ft place, 
 That he the faid William Bu/h, his executors ad- 
 rniniftrators and affigns, fhall from time to time by 
 and out of the rents iftues and profits of the faid 
 leafehold mefluages or tenements and premifes hereby 
 affigned, or exprefTed or intended fo to be, and in 
 the cafe the fame (hall prove infufficient, then by 
 demifing leafing or mortgaging the fame meiluages 
 or tenements and premifes or any part thereof, for and 
 during the refidue of the terms which fhall be then 
 to come and uncxpired in the fame premifes as (he 
 thc faid Alary Child fhall live, or by fuch other ways 
 and means as to him the faid William Bufl), his 
 executors administrators or affigns (hall feem meet, 
 raife and levy fuch fum and fums of money as will 
 be fufficient to pay and fatisfy the faid annuity or 
 clear yearly fum of 50/. or fo much thereof as fhall 
 from time to time happen to be in arrear and unpaid 
 and alfo fuch fum and fums of money, lofTes colts 
 charges damages and expences, (if any) as the faid 
 William Bujb^ and William Player^ their executors 
 adminiftrators or affigns, or any of them, fhall pay 
 iuftain expend or be put unto, for or by reafon or 
 means of the nonpayment of the faid annuity, clear'yearly 
 rent .charge or furn of 50/. or any part thereof. At 
 or on the days or times and in manner hereinbefore 
 exprefled or appointed for payment thereof, or the 
 performance of the trufts hereby declared or exprefl^ 
 ed, of or concerning the fame premifes mentioned, 
 to be hereby afligned, or the taking pofleflion, or 
 collecting and receiving the rents iffues and profits 
 thereof or otherwife relating thereto, and do and fhall 
 pay and apply the monies fo to be received raifed or 
 levied in or towards the payment or fatisfa-ftion thereof 
 accordingly, and (hall and will pay over the refidue or 
 pverplus of the money fo to be received raifed or 
 
 levied
 
 APPENDIX OF PRECEDENTS. 225 
 
 levied-unto the faid Mary Child, and her affigns, td 
 her and their own ufe and benefit. And for the 
 better and more effectual fecuring the payment of the 
 faid annuity br clear yearly fum of 5o/. unto the faid 
 William Player, his executors adminiftrators and 
 affigns in manner aforefaid, and according to the true 
 intent and meaning of thefe prefents, {he the faid 
 
 Mary Child, DOTH hereby direct all and every the Direftion to 
 
 _ / , < 11 i i the tenants to 
 
 prelent tenants and occupiers or all and every the altor n. 
 
 premifes herein before affigned or intended fo to be, 
 to attorn and become tenants to the faid William 
 Bu/h, and from henceforth, for and during all the 
 refidue and remainder of the terms now to come and 
 unexpired of the fame premifes as {he the faid Mary 
 Child Q&& live, to pay to the faid William Bujh, his 
 executors adminiftrators and affi^ns, as well all 
 arrears of rent now due, as alfo all their refpe&ive 
 yearly rents from henceforth to become due and pay- 
 able, neverthelefs upon the trufts, and to and for 
 the feveral ends intents and purpofes herein before 
 mentioned expreffed and declared of and concerning 
 the fame. And that the receipts of him the faid 
 William Bujh, his executors adminiftrators and afJigns^ 
 for all and every the: faid rents, {hall be as good and 
 fufficient difcharges to all and every the faid tenants 
 for their refped-tive rents as if the fame had been 
 actually given and figned by her the faid Mary Child. 
 (Add covenants that grantor hath dene no aft to incum- 
 Icr ; that foe is lawfully feifed for the refidue of the 
 terms ; that Jhe hath right to charge the premifes ; 
 for quiet enjoyment ; and for further aJJ'urance, defeasance 
 on judgment, and claufe for redemption.) 
 
 ATTORNMENT OF THE TENANTS TO BE IN- 
 DORSED ON THE DEED. 
 
 MEMORANDUM, That A B and C D &c. 
 the tenants and occupiers of the within mentioned 
 premifes, by virtue of feveral leafes made unto them 
 by the within named Mary Child, having all of them 
 per feel notice of the within written indenture, DID 
 in purfuance of the direction therein contained, fe- 
 Q_ verally
 
 226 APPENDIX OF PRECEDENTS, 
 
 verally attorn and become tenants of and for their 
 feveral and reipeftive interefts in the premifes to the 
 
 within named IriUiam Bujb, this day of 
 
 and the faid tenants have every of them given 
 unto the faid William Bujb y 6d. in the name ofat- 
 tornment in the prefence of 
 
 CHAP.
 
 
 CHAR VIII. 
 
 GRANTS OF ANNUITY CHARGED UPON 
 FREEHOLD PROPERTY WHERE THE 
 GRANTORS ARE SEIZED FOR LIFE. 
 
 No. XVI. 
 
 A Man and his Wife, intitled to the Rents 
 and Profits of Freehold Premifes, viz. the 
 Wife for her life, for her feparate ufe y 
 and after her Death, the Husband for 
 his Life, covenant to levy a Fine, and 
 declare the Ufes thereof for fecuring an 
 Annuity for their Lives, and the Life of 
 the Survivor, with Powers of Dijlrefs and 
 Entry, and then to a Trujiee for a Term 
 of 100 Years for better ftcurlng the 
 fame. 
 
 1 HIS INDENTURE tripartite made the - day Paities - 
 of - 40th Geo. III. 1798, between Thomas 
 Turner ) and Ann his wife, of the firft part, Edward 
 efq. of the fecondpart, and Richard 
 
 White ) of - ..... gent, of the third part. 
 
 WHEREAS
 
 328 APPENDIX OF PRECEDENTS. 
 
 Short recital of WHERE AS by indentures of leafe and releafe, bear- 
 
 ment f *****' in S date ^pcaMj the and days of 
 
 1790, the releafe being made between the faid 
 
 Thomas Turner^ and Ann his wife of the one part, 
 
 M, H. of efq. and /. W. of 
 
 efq. of the other part, ALL THAT meffuage &c. 
 iituate &c. with their and every of their appurtenances 
 were conveyed limited and auured TO THE USE 
 of the faid M. H. and /. W, their heirs and afligns 
 . UPON TRUST to pay the rents iffues and profits 
 of the faid premiles unto the faid Jinn Turner and her 
 affigns, or otherwife in their difcretion to permit her 
 to receive the lame during her natural life for her 
 feparate ufej AND after her deceafe, to pay the rents 
 iflues and profits of the faid premifes unto the faid 
 Thomas Turner, and his affigns for his life, and from 
 and after his death, UPON THE TRUSTS and for 
 the intents and purpofes therein mentioned. AND 
 WHEREAS the laid Edward Roe, hath contracted 
 and agreed with the faid Thomas Turner ', and Ann 
 his wife, to grant to him the faid Edward Roe, an 
 annuity, or yearly fum of loo/, to be yearly iffuing 
 and payable out of the faid meffuages or tenements 
 and hereditaments, comprifed in the faid herein before 
 in part recited indentures of leafe and releafe and to 
 be paid to the faid Edward Roe, his executors 
 admin iftrators and affigns, for and during the na- 
 tural Hves of them the faid Thomas Turner and Ann 
 his wife, and the life of the furvivor or longer 
 liver of them, by four equal quarterly payments 
 in the year, together with a proportionable part of 
 the faid annuity for the time which (hall elapfe be- 
 tween the laft of fuch quarterly days of payment 
 next preceding the death of them the faid Jhomas 
 Turner, and Ann his wife, and the time of fuch fur- 
 yivors deceafe at or for the price or fum of 8oo/. 
 AND WHEREAS it was agreed upon the treaty for 
 the purchafe of the faid annuity, that the faid mef- 
 fuages OF tenemems and hereditaments out of which 
 the fame is to be iffuing and payable as aforefaid 
 fhould be limited to the faid R. While, his exe- 
 cutors
 
 APPENDIX OF PRECEDENTS. 229- 
 
 cutors adminiftrators and afligns, for the term of 
 100 years, if they the faid Thomas Turner and 
 Ann his wife, or either of them {hould fo long live, 
 IN TRUST for the better fecuring the payment 
 of the faid annuity in manner hereinafter mention-* 
 tioned. AND that the faid annuity {hould be fur- 
 ther fecured by the bond of the faid Thomas Tur- 
 ner, and a warrant of attorney to confefs a judg- 
 ment thereon. AND WHEREAS the faid Thomas Recital of hor.d 
 Turner, by his bond or obligation in writing, un- 
 der his hand and feal, bearing even date with 
 thefe prefents, hath become bound unto the faid 
 Ediuard Roe, in the penal fum of i6oo/. with a 
 condition thereunder written, for making void the 
 lame if the faid Thomas Turner and Ann his wife, 
 or either of them {hould well and truly pay, or 
 caufe to be paid unto the faid Edward Roe, his 
 executors adminiftrators and afligns, for and during 
 the natural lives of them the faid Thomas Turner 
 and Ann his wife, and the life of the furvivor, or 
 longer liver of them, one annuity or yearly fum of 
 jco/. of lawful money of Great Britain, free from 
 taxes, and clear of all other deductions whatfoever, 
 on four days or times in the year, (that is to fay) on 
 
 the day the day of > the 
 
 day of and the day of 
 
 in every year, by even and equal portions, the full 
 
 payment thereof to begin and be made on the 
 
 day of next enfuing the day of the date of 
 
 the faid bond or obligation, now in recital, and alfo 
 if the heirs executors or adminiftrators of the faid 
 Thomas Turner, {hould well and truly pay, or caufe 
 to be paid unto the faid Edward Roe, his executors 
 adminiftrators or afligns in cafe the furvivor of them 
 the faid 1 homos Turner, and Ann his wife, fhould de- 
 part this life on any day on which any quarterly pay- 
 ment of the faid annuity or yearly fum of IOO/. {hould 
 become due, the whole of fuch quarterly payrnsnt, 
 and if on any other day in cafe fuch day {hould 
 happen before any quarterly payment of the ibid 
 annuity, or yearly fum of IOO/. ihould have become 
 <^ 3 due >
 
 APPENDIX OF PRECEDENTS, 
 
 
 due, then a proportionable part of the quarterly pay- 
 ment of the faid annuity or yearly fum of IOO/. to be 
 computed from the day of the date of the faid bond or 
 obligation now in recital, to the day of the death of the 
 furvivor of them the faid Thomas Turner and Ann his 
 wife. But in cafe any quarterly payment of fuch an- 
 nuity or yearly fum of TOO/, fhould have become due at 
 the time of the deceafe of the furvivor of them the 
 faid Thomas Turner and Ann his wife, then from fuch 
 of the faid quarterly days of payment of the faid 
 annuity or yearly fum of IOO/. as fhould happen 
 to be next and immediately preceding the day of the 
 death of fuch furvivor, to the day of his or her deceafe. 
 - AND WHEREAS for the better fecuring the pay- 
 
 feis judgment ment of the faid annuity or yearly fum of IOO/. the 
 faid Thomas Turner, hath executed a warrant of at- 
 torney, bearing even date with the faid bond and 
 thefe prefents, thereby authorifing and empowering 
 certain attornies therein named, to confefs a judg- 
 ment againft him in his majefty's Court of King's 
 Bench, in an action of debt upon the faid bond for the 
 ~ faid fum of i6oo/. and cofts of fuit. AND WHEREAS 
 at the time of the contract for the purchafe of the (aid 
 annuity, it was agreed between the faid Thomas Tur^ 
 ner, and Ann his wife, and the faid Edward Roe, that 
 the cofts and charges for procuring the faid fum of 
 8oc/. upon the the faid annuity, and for preparing 
 and perfecting the feveral fecurities for the fame, and 
 for preparing andinrolling a memorial thereof, fhould 
 be borne and paid by the faid Thomas Turner and Ann 
 
 Confideration. his wife. NOW THIS INDENTURE WIT- 
 NESSETH that in pursuance of the faid agreement, 
 and for and in Confideration of the fum of 8oo/. of 
 lawful money of Great Britain by the faid JLdward, 
 Roe, lo the faid Thomas Turner, and Ann his wife, 
 in hand well and truly paid, at or before the fealing 
 and delivery of thefe prefents, the receipt whereof they 
 the faid Tbom ^ Turner, and Ann his wife, do hereby 
 
 concefferum. acknowledge, and thereof and from every part thereof 
 dp acquit releafe and difcharge the faid E. Roe, 
 his executors adminiftrators and afligns, and every of 
 
 them, 
 
 f
 
 APPENDIX OF PRECEDENTS. 
 
 them for ever by thefe prefents, they the faid Thomas 
 
 Turner and Jinn his wife do, and each of them for 
 
 himfelf and herfelf, and his and her refpedHve heirs 
 
 executors and administrators doth covenant promife 
 
 and grant to and with the faid Edward Roe, his heirs 
 
 and affigns by thefe prefents, that they the faid Thomas 
 
 Turner and Ann his wife, {hall and will as of this 
 
 prefent Eafter Term, Trinity Term now nextenfuing, 
 
 or fome other fubfequent term, at the requeft of the 
 
 faid Edward Roe, his heirs and afligns, but at the 
 
 cofts and charges of the faid Thomas Turner, and 
 
 Ann his wife, or of one of them, acknowledge and levy 
 
 in due form of law, before the juftices of his ma- 
 
 jefty's Court of Common Pleas at Weftminftcr, one 
 
 or more fine or fines fur conceflerunt, whereby the 
 
 faid Thomas Turner, and Ann his wife, {hall and will 
 
 grant and convey the faid mefluages or tenements 
 
 hereditaments, and all and fingular other the pre- 
 
 mffes hereinbefore mentioned and defcribed, and com- 
 
 prized in the faid hereinbefore in part recited 
 
 indentures of leafe and releafe, and thereby limited 
 
 and aflured as aforefaid with their and every of their 
 
 appurtenances by fuch apt and convenient name and 
 
 names, and other defcriptions as will effectually 
 
 comprife the fame, and {hall for that purpofe be To grantee his 
 
 thought fit and requifite, unto the fajd f&H?0ft?iignt, forthe' 
 
 Roe, his heirs and affigns, for and during the natural lives of grantor 
 
 lives of the faid Thomas Turner, and Ann his wife, 
 
 and the life of the furvivor or longer liver of them. 
 
 AND it is hereby agreed and declared, by and between To the intent 
 
 the faid parties to thefe prefents to be the true intent p^'Jh^a. 1 *" 
 
 and meaning of thefe prefents, and of the faid parties, nuity out of the 
 
 That as well the faid fine or fines fo as aforefaid [^y 
 
 or in any other manner to be had an4 levied, as' 
 
 alfo all and every other fine or fines conveyances and 
 
 afTuranccs in the law whatfoever, already had made 
 
 done acknowledged levied fuffered or executed or 
 
 hereafter to be had made done acknowledged levied 
 
 fuffered or executed, by or between the faid par- 
 
 ties to thefe prefents, or any of them, or whereunto 
 
 they or any of them was were is are or (ball or may
 
 APPENDIX OF PRECEDENTS 
 
 be parties or party or privies or privy of all and 
 Angular the (aid mefiuages or tenements heredita- 
 ments and premifes whereof a fine is hereinbefore 
 covenanted to be levied, or any of them, or any 
 part or parts of the fame, either alone, or together 
 with any other mefluages lands tenements or heredi- 
 taments, {hall from and immediately after the levying 
 fuffering making executing and perfecting thereof 
 be and enure and (hall be adjudged conftrued deemed 
 and taken to be and enure and is and are hereby 
 declared to be at the time of the making levying and 
 fuffering, meant and intended to be and enure to 
 the ufe intent and purpofe that the faid Edward 
 Roe, his executors adminiftrators and afligns, fhall 
 and may for and during the natural lives of them 
 the faid Thomas Turner, and Ann his wife, and 
 the life of the furvivor or longer liver of them 
 have receive and take by and out of the faid mef- 
 fuages lands tenements and hereditaments, and the 
 rents iffues and profits thereof, one annuity or clear 
 yearly rent charge or fum of ioo/. of lawful money 
 of Great Britain, to be iffuing payable and going 
 out of, and had received and taken by him the 
 faid Edward Roe, his executors adminiitrators and 
 affigns, by and out of and from all and fingular 
 the faid mefluages or tenements hereditaments and 
 premifes, with their and every of their appurtenances 
 TO HAVE AND TO HOLD receive and enjoy 
 the faid annuity, or clear yearly rent charge or fum 
 of ioo/. hereby given granted and confirmed or ex- 
 prefled or intended fo to be, and every part thereof 
 unto the faid Edward Roe, his executors adminiftra- 
 tors and afligns, from henceforth for and during 
 the natural lives cf them the faid Thomas Turner, 
 and Ann his wife, and the life of the furvivor or 
 longer liver of them, and up to the day of the death 
 of fuch furvivor, by four equal quarterly payments 
 in the year on the fcveral days following, that is 
 
 to fay, on the day of the day 
 
 of the day of and the 
 
 day of together with a proportion- 
 able
 
 APPENDIX OF PRECEDENTS. 233 
 
 able part of the faid annuity or yearly rent charge, 
 for the time which at the deceafe of the furvivor 
 of them the faid Thomas Turner, and Ann his wife 
 fhall have elapfed of the quarterly payment of the 
 faid annuity, growing due at the time of the deceafe 
 of fuch furvivor, the faid annuity or yearly rent 
 charge of ioo/. to be fo paid and payable to him 
 the faid Edivand Roe, his executors adininifrrators 
 or afiigns, at or in the common Dining Hall of 
 Lincoln's Inn in the county of MiAdbfa, free and 
 clear of, and without making any abatement or de~ 
 ducSHon whatfoever thereout, or out of any part 
 thereof for or in refpecl: of any taxes charges allefi^ 
 ments payments or impofitions whatfoever now taxed 
 charged aflefied or impofed, or to be taxed charged 
 atteilcd or impofed on the faid mefluages or tenements 
 hereditaments and premifes hereby charged therewith 
 or any of them, or any part thereof, or on the faid 
 annuity, or yearly rent charge of ioo/. or any part; 
 thereof, or upon the faid Edward Roe, his executors 
 adminiftrators or afligns, in refpet thereof by au- 
 thority of parliament, or otherwife howibever : and 
 the firft of the faid quarterly payments of the faid 
 annuity or yearly rent charge hereby granted to 
 
 begin and be made on the day of next 
 
 enfuing the day of the date of thefe prefents, and 
 fuch proportionable part of the fame to be paid im- 
 mediately after the deceafe of the faid furvivor of 
 them the faid Thomas Turner, and Ann his wife, 
 AND to this further intent and purpofe, That in cafe Power of dif- 
 the faid annuity or yearly rent charge of ioo/. or any '"'paynwnt by 
 part thereof fhall happen to be behind and unpaid fourteen days. 
 by the fpace of fourteen days, next over or after any 
 of the faid days of payment whereon the fame is 
 hereinbefore appointed to be paid as aforefaid, then 
 and in fuch cafe and as often as it (hall fo happen, it 
 (hall and may be lawful to and for the faid Edward 
 Roe, his executors adminiftrators and affigns, into or 
 upon the faid mefluages &c. fo hereby charged with 
 the payment of the faid annuity or yearly rent charge 1 
 or fura of ioo/. or exprefled or intended fo to be 
 
 and
 
 134- APPENDIX OF PRECEDENTS. 
 
 and every of them, or any part thereof, to enter ami 
 iliftrain for the fame annuity or yearly rent charge of 
 IOO/. and all arrears thereof, and the diftrefs and dif- 
 trefles then and there found to take lead drive carry 
 away and impound and in pound to detain and keep 
 until the faid annuity or yearly rent charge of IOO/. 
 and all arrears thereof, and all cofts charges and ex- 
 pences whatfoever fuftained or occafioned by or at- 
 tending the making taking and keeping fuch iliftrels 
 then and there found, fhall be fully paid and fatif- 
 fied, and in default of payment thereof in due time 
 after fuch difhrefs {hall be made and taken, to ap- 
 praife fell or othervvife to zk therein according to 
 the due courfe of law, in the fame manner in all 
 refpecb as landlords are by at of parliament au- 
 thorifed to do in refpeft to diftrefTes for arrears 
 of rent upon leafes for years, to the intent that thereby 
 and therewith the faid Edward Roe^ his executors ad- 
 rniniftrators and affigns, fhall and may be fully paid 
 and fatisfied, the faid annuity or clear yearly rent 
 charge of IOO/. and all arrears thereof or fo much 
 thereof as fhall be then remaining due and unpaid, 
 and all cofts charges and expences whatfoever, fuf- 
 tained or occafioned by the nonpayment thereof. 
 
 fower of entry AND to this further ufe intent and purpoie 
 in default of ^.i ,. / i. / i i c 
 
 payment by 28 tnat ir the laid annuity or yearly rent charge or 
 
 days- IOO/. or any part thereof fhall be behind or unpaid 
 
 by the fpace of 28 days, next over or after any 
 of the faid days or times appointed for the payment 
 thereof, then and in fuch cafe, and as often as it 
 fhall fo happen, (although no formal demand thereof 
 fhall be made) it {hall and may be lawful, to and for 
 the faid Edward Roe, his executors adminiftrators and 
 affigns into and upon the faid mefTuages &c. or into or 
 upon any of them, or any part thereof in the name 
 of the whole, to enter, and the fame to have, hold 
 and enjoy, and the rents iflues and profits thereof 
 and of every part thereof, to receive and take to 
 and for his or their own ufe and benefit, until he 
 or they fhall be thereby or therewith or otherwife 
 fully paid and fati&fied all arrears of the faid an- 
 
 jmitjr
 
 APPENDIX OF PRECEDENTS. 235 
 
 nuity or yearly rent charge of I00/. and alfo fo much 
 of the faid annuity or yearly rent charge of IOO/. as 
 {hall arife and row due. during fuch time as the faid 
 Edivard Roe his executors &c. fliall continue in pof- 
 fefiion of the faid mefluages &c. after fuch entries 
 as aforefaid, together with all lofs cofts charges 
 damages and expences whatfoever, as fhall be fuf- 
 tained or occafioned by reafon or means of the non- 
 payment thereof, or of any part thereof at or on 
 the days appointed for the payment of the faid 
 annuity or yearly rent charge as aforefaid, and 
 fubjecl: to the faid annuity or yearly rent charge And fubjed 
 of ioo/. and the powers and remedies hereby given ereto> 
 for fecuring and inforcing the payment thereof to the 
 ufe of the faid R. White, his executors administrators To the ufe of 
 and afiigns from henceforth for and during, and unto y^ 6 I0 
 the full end and term of ioo years, to commence and be 
 computed from the day of the date of thefe prefents, 
 and from thence fully to be complete and ended 
 if they the faid Thomas Turner^ and Ann his wife, 
 or either of them fo long live. BUT NEVER- 
 THELESS upon the feveral trufts, and to and for 
 the ends intents and purpofes, and under and fubjecr. 
 to the powers provifoes declarations and agreements 
 hereinafter declared and exprefled,. of and concern- 
 ing the fame, (that is to fay) UPON TRUST u P on t* 
 
 ' ^ ,. rr , } '. r , permit the per- 
 
 to permit and lurrer the perlon or perlons who ion intitled to 
 would if thefe prefents had not been made have r f nts r to receiv 
 
 . . . , , , .fr the fame until 
 
 been intttled to take the yearly or other rents nlues default O f pay- 
 and profits of the faid mefluages &c. to receive and ment - 
 talce the fame to her his and their own proper 
 ufe and benefit until fome default fliall happen to 
 be made of or in payment of the faid annuity 
 yearly rent charge or fum of IOO/. hereby granted or 
 fome part thereof at or on the days or times and An(] in cafc of 
 in manner hereinbefore limited and appointed for the default in pay- 
 payment thereof as aforefaid, AND UPON EUR- ^SSSSf 
 THER TRUST that in cafe the faid annuity or days to raife the 
 yearly rent charge or fum of ioo/. or any part there- **$.*** 
 of (hall happen to be behind or unpaid by the fpace Aether v>ith all 
 of thirty-one days next over or after any of the cofts * c - 
 
 faid
 
 2j6 APPENDIX OF PRECEDENTS. 
 
 faid days or times of payment thereof, or whereon 
 the lame is hereinbefore limited and appointed and 
 ou^ht to ho paid as aforefaid, (being lawfully de- 
 manded) then and fo often the laid R. White, his 
 executors adminiftrators and afligns ihall from time 
 to time, by and out of the rents iflues and profits ot" 
 the (aid mefluages &c. comprized in the laid term of 
 TOO years, or bv demifing felling leafing or mort- 
 gao-'mg the fame or any part thereof for and du- 
 ring all or any part of the faid term of 100 years 
 or by fuch other ways and means as to him the 
 faid R. White, his executors adminiftrators or af- 
 figns {hall feem meet, raile and levy fuch fum and 
 fums of money as will be fufficient to pay and fa- 
 tisfy the laid annuity or clear yearly fum of IOO/. 
 or fo much thereof as (hall from time to tune hap- 
 pen to be in arrear and unpaid, and alfo all fuch 
 fum and fums of money, lofs cofts charges damages 
 and expences, (if any) as the faid Edward Roe, and 
 R. White, refpedtiveiy, their executors adminiftrators 
 or alligns, or any of them, {Lull pay fuftain expend 
 or be put unto, for or by reafon or means of the 
 nonpayment of the faid annuity or clear yearly 
 fum of ioo/. or any part thereof, at or on the days 
 and times, and in the manner hereinbefore expreiled 
 or appointed for the payment of the fame, or the 
 performance of the tiulhs hereby declared or exprefled 
 of and concerning the faid premiles mentioned to 
 be hereby derailed, or the taking polTefiion and col- 
 l-eclingand receivuig the rents iflues and profus thereof 
 or otherwile howioever relating thereto, and {hall 
 and do pay and apply the monies fo to be railed 
 and levied, in or towards payment or fatisfadUon 
 thereof accordingly, and ftiali and do pay to, or other- 
 wife permit ar.d fufter the perfon or perfons who 
 would if thefe prefents had not been made, have 
 been intitled to take the yearly or other rents illues 
 and profits of the laid meiiuages &c. from time to 
 time, to receive and take the reficiue or furplus of the 
 rents iflues and profits of the faid hereby demifed pre- 
 miies ufter full payment and fatisfadtion of the laid an- 
 nuity 
 I
 
 APPENDIX OF PRECEDENTS. -23 7 
 
 r.uity or yearly rent charge of ioo/, and all arrears 
 thereof, and all fuch coirs charges damages and ex- 
 pences as aforefaid to his her and their own proper ufe covenant 
 
 ^and benefit, AND the (aid Thomas Turner, for him/elf husband to p'tj 
 his heirs executors and adminiftrators DOTH hereby annu "y- 
 covenant pro mile and agree to and with the (aid E. 
 
 .Roe, his executors adminiltrators and affigns, That 
 they the faid Thomas Turner and Ann his wife, or one 
 ot them, their or one of their heirs executors and ad- 
 
 , rniniftrators (hail and will well and truly pay or caufe 
 to be paid unto the faid E. Roe, his executors admini- 
 ftrators or affigns, for and during the natural lives 
 of them the faid Thomas Turner and Ann his wife, 
 and the life of the furvivor or longer liver of them, the 
 laid annuity or yearly rent charge or fum of i.oc/. free 
 and clear of and from all taxes charges rates and other 
 deductions whatfoever, parliamentary or otherwife at 
 the place days and times and in manner and form 
 herein before limited and appointed for the payment 
 thereof, together with a proportionable part of the faid 
 annuity or yearly rent charge of ioo/. for the time 
 which at the deceafe of the furvivor of them the faid 
 Thomas Turner, and Ann his wife, (hall have elapfed 
 of the quarterly payment of the fame annuity growing 
 due at the time of the deceafe of fuch furvivor. (Add 
 covenant by Turner again/I incttmbrances-, defeasance on 
 judgment on claufe for redemption, by Turner and -unf>\ 
 on giving fix rncnths notice. Precedent XXV 111.) 
 
 No.'
 
 APPENDIX OF PRECEDENTS. 
 
 Parties. 
 
 Recital that 
 grantor is rec- 
 tor of C. and 
 Vicar of T. 
 
 Recital of con- 
 traft for an- 
 nuity. 
 
 No. XVII. 
 
 GRANT of an ANNUITY by an Incumbent 
 out of a Reftory and Vicarage, for his Life, 
 Kith a Demife thereof to a Tniflee for 99 
 Years for better fecuring the fame, with a 
 Covenant that, in cafe the Grantor Jhall 
 e+vchange or be preferred to any other Living, 
 that he mil charge the fame in like Manner 
 with the Payment of Annuity, where the 
 Confideration Money is paid by an Agent 
 for the Grantee. 
 
 THIS INDENTURE TRIPARTITE, made, 
 &c. between Robert Rook, of, &c. Clerk, of the 
 firft part; George Watt, of, &c. Efq. of the fecond 
 part; and Robert White, of, &c. Gent, of the 
 third part. WHEREAS the faid Robert Rook is 
 re or of the re a ory an( j parifh-church of C. in the 
 
 '.... ,. ,- r .-, . , 
 
 county of - within the dioceie or Norwich ; 
 And the faid Robert Rook is likewife vicar of the 
 vicarage and parifh-church of T. in the county of 
 - within the aforefaid diocefe. AND 
 WHEREAS the faid George Watt hath contracted 
 and agreed with the faid Robert Rook for the abfolute 
 purchafe of one annuity, or yearly fum of ioo/. of 
 lawful, &c. to be paid and payable to the faid George 
 Watt, his executors, adminiftrators, or affigns, for 
 and during the natural life of the faid Robert Rook, by- 
 four equal quarterly payments in the year, together 
 with a proportionable part of the faid annuity for the 
 time which {hall elapfe between the laft of fuch 
 quarterly days of payment preceding the day of the 
 death of the faid Robert Rook and the time of his 
 deceafe, at or for the price or fum of 6oo/. out of 
 
 which
 
 APPENDIX OF PRECEDENTS. 139 
 
 which faid fum of 6oo/. it was agreed upon the treaty 
 for the purchafe of the faid annuity, that all cofts, 
 charges, and expences attending the faid contract, 
 and for preparing and perfe&ing the feveral fecurities 
 for the fame, and for preparing and inrolling a me- 
 morial thereof, fhould be borne and paid by the faid 
 Robert Rook. AND WHEREAS upon the treaty for 
 the purchafe of the faid annuity or yearly fum of ioo/. 
 it was agreed by and between the faid Robert Rook 
 and George Jf^att, that for the more effectually fecuring 
 the due and punctual payment of the faid annuity or 
 clear yearly fum of ioo/. unto the faid George Watt, 
 his executors, administrators, and afligns, for and 
 during the natural life of the faid Robert Rook, all and 
 iingular the aforefaid re&ory of the parifh-chtirch of 
 
 C. in the county of aforefaid, and alfo all 
 
 and fingular the aforefaid vicarage of the parim-church 
 of Y. in the county of aforefaid, and all 
 
 the glebe-lands, mefluages or tenements, tythes, 
 tenths, oblations, obventions, profits, and emoluments 
 arifmg, renewing,, growing, and increafing from the 
 faid rectory and vicarage relpec-Hvely, to which he the 
 faid Robert Rook is intitled for his life, Ihould be 
 granted, bargained, fold, and demifed unto the faid 
 Robert White, his executors, adminiftrators, and af- 
 figns, upon the trufts, and to and for the intents and 
 purpofes hereinafter mentioned, exprefled, and declared 
 of and concerning the fame ; And that the faid annu- 
 ity fhould be further fecured by the bond of the faid 
 Robert Rook, and a warrant of attorney to confefs a 
 judgment thereon. (Recite agreement for expences 
 and the bond and warrant of attorney, Precedent Confiderarion 
 No. nil.) NOW THIS INDENTURE WIT- paid 
 NESSETH, That for and in confideration of the fu 
 of 6oo/. of lawful, &c. to the faid Robert Rook in 
 his own proper perfon in hand, well and truly paid 
 by Robert Withy, of Craven-Jlreet in the Strand 
 in the county of Middlefex, gent, as the attorney or- 
 agent for the faid George Watt, at or before the feal- 
 ing and delivery of thefe prefents, out .of which faid 
 iutn of 6oo/. the faid Robert Rook immediately after 
 
 receiving
 
 APPENDIX OF PRECEDENTS. 
 
 receiving the fame, paid to the faici Robert Withy the 
 
 fum ot" r. for attendances refpecting the granting 
 
 of the laid annuity, and preparing and perfecting the 
 feveral fecurities for the fame, and for preparing and 
 inrolJing a memorial thereof, the receipt of which 
 faid fum of 6oo/. he the faid Robert Rook doth hereby 
 acknowledge, and thereof and of and from the fame 
 and every part thereof doth acquit, releafe, and for 
 ever difcharge the faid George Watt, his executors, 
 adminiftrators, and affigns, by theie prefents ; He 
 r ann- the faid Robert Rook HATH given, granted, bar- 
 o/giantoftobe gained, fold, and confirmed, and by thefe prefents 
 iiTumgoutof DOTH give, grant, bargain, fell, and confirm unto 
 vicarage!" tne ^'^ George Watt^ his executors, adminiftrators, 
 and ailigns, for and during the term of the natural life 
 of the faid Robert Rook^ one annuity or yearly fum of 
 ioo/. of lawful money of Great Britain to be charged 
 and chargeable upon, and to be ifluing, payable, had, 
 received, and taken by and out of the faid reclory of 
 the partfli-church of C. and the vicarage of the 
 
 parifn-church of T. in the county of and all 
 
 the niefluages or tenements, glebe-lands, tythes, 
 tenths, oblations, obventions, portions, profits, and 
 emoluments whatfoever arifing, growing, renewing, 
 increaimg, and belonging, or in any wife appertaining 
 thereto, herein before mentioned, or intended to be 
 hereby granted, bargained, fold, and demifed, TO 
 HAVE, HOLD, receive, perceive, take and enjoy 
 the faid annuity or clear yearly fum of tool, hereby 
 given, granted, and confirmed, or intended fo to be, 
 and every part thereof, from henceforth for and during 
 the natural life of him the faid Robert Rcok^ to be 
 paid and payable unto the faid George Watt^ his ex- 
 ecutors, adminiftrators, or affigns, at or in the 
 common dining-hall of Llncslm-lnn in the county of 
 Middle/ex, by four equal quarterly payments in the 
 
 year, that is to fay, the day of the 
 
 * ' day of the day of > 
 
 and the day of . .- in every year, by 
 even and equal portions, the firft payment thereof to 
 
 kegin and be made on the - day next 
 
 enfuing
 
 APPENDIX OF PRECEDENTS. 24.1 
 
 enfuing the day of the date of thefe prefents, without 
 any deduction or abatement whatfoever out of the fame 
 or any part thereof, for or in refpedt of any taxes, 
 charges, rates, afTeffments, or other impofitions what- 
 foever, already taxed, charged, rated, aflefled, or 
 impofed, or hereafter to be taxed, charged, rated, 
 alTeiTed, or impofed upon the faid premifes hereby 
 charged with the payment of the faid annuity or yearly 
 fum of ioo/. or any of them or any part thereof, or 
 upon the faid Robert Rook, his executors, adminiftra- 
 tors, or affigns, in refpet thereof, by authority of 
 parliament, or otherwise howfoever, together with a 
 proportionable part of the faid annuity or yearly fum, 
 of ioo/. for the time which fhall elapfe between the 
 laft of the faid days of payment preceding the day of 
 the deceafe of the faid Robert Rook to the day of his 
 deceafe, as in the condition to the faid hereinbefore 
 in part recited bond or obligation is mentioned. 
 (Add a covenant to pay annuity, Precedent No. VIII. 
 and powers of diflrefs and entry into and upon the faid 
 retfory and vicarage, and the glebe-lands, meffuages or 
 tenements, tytbes, tenths, emoluments, and premifes, 
 with the appurtenances, Precedent No. XXIV.} AND Demifeof 
 
 THIS INDENTURE FURTHER WITNES- ^s'^fnuf- 
 SETH, That for the confiderations aforefaid, and tee for a term 
 for the better and more effectually fecuring the payment granto^ftiouid 
 of the faid annuity or yearly rent-charge of ioo/. fo long live)up- 
 unto the faid George Watt, his executors, adminiftra- 2rf*^jJ? 
 tors, and afligns, for and during the natural life of it y in default of 
 the faid Robert Rook as aforefaid, and alfo for and in 
 confideration of the fum of 10*. of lawful, &c. to the 
 faid Robert Rook in hand paid by the faid Robert Withy 
 at or before the fealing and delivery of thefe prefents, 
 the receipt whereof is hereby acknowledged, he the 
 faid Robert Rook (with the privity, confent, and ap- 
 probation, and by the diredtion of the faid George 
 Watt teilified by his being made a party to and exe- 
 cuting thefe prefents) HATH granted, bargained, 
 fold and demifed, and by thefe prelents DOTH grant, 
 bargain, fell, and demifc unto the faid Robert Withy^ 
 his executors, adminiftrators, aixi afligns, all and 
 R fmgular
 
 242 APPENDIX OF PRECEDENTS. 
 
 fmgtilar the aforefaid re&ory of the par ifti- church of 
 
 C. in the county of aforefaid, and alfo all and 
 
 fingular the aforefaid vicarage of the parifh-church of 
 T. in the county of aforefaid, and all the 
 glebe-lands, mefluages or tenements, tythes, tenths, 
 oblations, obventions, profits, and emoluments arifing, 
 renewing, growing, and increafing from the faid 
 rectory and vicarage refpe&ively, and all the eftate, 
 right, title, intereft, truft, property, claim, and de- 
 mand whatfoeverof him the faid Robert Rook both at law 
 and in equity, of in and to the fame, and every part 
 and parcel thereof, TO HAVE AND TO HOLD 
 the faid rectory and vicarage, glebe-lands, mefiuages 
 or tenements, tyrfies, tenths, emoluments, and premifes 
 hereby bargained, fold, or demifed, or intended fo to 
 be, with their and every of their appurtenances, unto 
 the faid Robert Withy-> his executors, adminiftrators, 
 and affigns, for and during, and unto the full end and 
 term of 99 years, to commence and be computed from 
 the day next before the day of the date of thefe 
 prefents, and from thence next enfuing, and fully to 
 be complete and ended (if the faid Robert Rook ihall 
 fo long live). AND it is hereby declared and agreed 
 between the faid parties to thefe prefents, That the 
 iaid Robert Withy, his executors, adminiftrators, and 
 afiigns fhall irand and be pofieffed of and interefted in 
 the fajd rectory and vicarage, glebe-lands, mefluages 
 or tenements, tythes, tenths, emoluments, and pre- 
 mifes hereby bargained, fold or demifed, or mentioned 
 or intended fo to be, upon the trufts, and to and for 
 the ends, intents, and purpofes, and with under and 
 lubjecl: to the powers, provifoes, declarations, and 
 agreements hereinafter mentioned, exprefied, and de- 
 clared of and concerning the fame, (that is to fay) 
 IN TRUST to permit and fuffer the faid Robert Rook 
 and his afligns to receive and take the rents, ifliies, 
 and profits of the faid rectory and vicarage, glebe-lands, 
 mefluages or tenements, tythes, tenths, emoluments, 
 and premifes hereby granted, bargained, fold, and de- 
 mifed, or exprefled or intended fo to be, until de- 
 fault (hall happen to be made of and in payment of the 
 
 faid
 
 APPENDIX OF PRECEDENTS. 
 
 faid annuity or yearly rent-charge of ioo/. hereby 
 granted, or fbme part thereof, at or on the days and 
 times herein before limited and appointed for payment 
 thereof, and in cafe of fuch default, THEN IN 
 TRUST that in cafe any quarterly payment of the fame 
 annuity or yearly rent-charge, or any part thereof, fliall 
 happen to be behind or unpaid by the fpace of 40 
 days next over or after any or either of the faid days or 
 times of payment whereon the fame ought to be paid 
 as aforefaid, (being lawfully demanded) that then it 
 (hall and may be lawful to and for the faid Robert 
 Withy^ his executors, adminiftrators and affigns, from 
 time to time by and out of the rents, iflues, and 
 profits of the faid rectory and vicarage, glebe-lands, 
 meffuages or tenements, tythes, tenths, emoluments, 
 and premifes, or by demiie mortgage or felling the 
 fame premifes, or any part thereof, for all or any part 
 pf the faid term of 99 years determinable as afore- 
 faid therein, or by bringing actions againft the te- 
 nants or occupiers of the fame premifes for the reco- 
 very of the rents and profits thereof, or by felling 
 timber, or by all or any of the faid ways and means 
 or fuch other ways and means as to the faid Robert 
 Withy, his executors, adminiftrators, or affigns, {hall 
 feem meet, raife and pay to the faid George Watt, 
 his executors, adminiftrators, or affigns, the faid an- 
 nuity or yearly rent-charge of ioo/. or fo much 
 thereof as fhall happen to be in arrear and unpaid as 
 aforefaid, and all cofts, charges, damages, and ex- 
 pences which the faid George Watt and Robert Withy ^ 
 or either of them, their or either of their executors, 
 adminiftrators, or affigns, fliall fuftain or be put unto 
 by reafon or means of the non-payment thereof at the 
 days and times aforefaid, or at any of them, in manner 
 herein before in that behalf mentioned, and fhall and 
 do pay, apply, and difpofe of the fame monies accord- 
 ingly, and alfo do arid fhall permit and fufFer the faid 
 Robert Rook and his affigns, to receive and take the refi- 
 due and overplus of the fame (if any ) over and above fo 
 much thereof as fhall be fufficient from time to time to 
 pay and fatisfy the faid annuity or yearly rent-charge of 
 ioo/. and all arrears thereof, and all cofts, charges, 
 R 2 and
 
 144 
 
 APPENDIX OF PRECEDENTS: 
 
 Covenant by 
 grantor that in 
 
 ocr.iUtt ot pW 
 
 mem of annu 
 
 difire&for an- 
 
 nuit >'- 
 
 Covenant that 
 
 Sredof'pre-!" 
 mifes. 
 
 And hath pow- 
 
 'M har , ge ,. 
 and demile the 
 
 fame. 
 
 and expences occaiioned by the non-payment thereof, 
 or attending the execution of the afordaid trufts, to 
 and for his her and their own ufe and benefit. AND 
 t h e f a jd Robert Rook DOTH hereby for himfelf, his 
 
 , i i /i "<* i 
 
 heirs, executors, and adminiltrators further covenant, 
 
 P rom '^ e J an( * a g ree to an< ^ w ' r h tne f a "l George Watt, 
 his executors, adminiftrators and afiigns, in manner 
 following, that is to fay; That all and fingular 
 the faid rebory and vicarage, glebe-lands, mefluages 
 or tenements, tythes, tenths, emoluments, and premifes, 
 with the appuitenances, fo charged with the faid an- 
 nuity, yearly rent-charge, or fum of ioo/. as afore- 
 faid, fhall from time to time, and at all times hereafter 
 during the natural life of him the faid Robert Rook, 
 remain, continue, and be fubjecl: to the diftrefs and 
 diftrefles of the (aid George Watt, his executors, ad- 
 miniftrators, and affigns, for the faid annuity, yearly 
 rent-charge, or fum of ioo/. and all arrears thereof, 
 and all cofts, charges and expences to be occafioned 
 by reafon of any non-payment thereof, free and clear of 
 and from all former and other charges and incum- 
 brances whatfoever had, made, done, or committed, or 
 wittingly or willingly fuffered by the faid Robert Rook. 
 AND That he the faid Robert Rook now is at the 
 time of the ^ eaHn g and delivery of thefe prefents iaw- 
 fully, rightfully, and abfolutely feifed of and in, or 
 well and fufficiently intitled unto, for his life, all 
 and fingular the faid rectory and vicarage, glebe-lands, 
 mefluages or tenements, tythes, tenths, emoluments, 
 and premifes, with the appurtenances, without any 
 manner of condition, power of revocation, or any 
 other reitraint, matter, or thing whatfoever, to alter, 
 change, charge, defeat, incumber, revoke, or make 
 void the fame, AND now hath in himfelf good right, 
 
 full power, and lawful and abfolute authority to grant 
 
 j r \ r ^ ^ TTT- i 
 
 and confirm unto the laid George Ivatt, his executors, 
 
 adminiftrators, and affigns, the faid annuity, yearly- 
 rent-charge, or fum of ICO/, for and during the natural 
 life of him the faid Robert Rook, AND allb to demife 
 and grant the faid redtory and vicarage, glebe-lands, 
 &c. with their and every of their appurtenances, unto 
 
 the
 
 APPENDIX OF PRECEDENTS. 245 
 
 the faid Robert Withy^ his executors, adminiflrators, 
 
 and afligns, upon the trufts and in manner herein 
 
 before mentioned. AND alfo, That it fliall and may And from time 
 
 be lawful to and for the faid George Watt, his exe- to . time . tore ~ 
 
 * rt \ /v* . CC1VC tllC 3I1~ 
 
 cutors, admmutrators, and amgns, from time to time, nuity out of the 
 
 and at all times hereafter, to have, hokl, receive, P rc ? fits of thc 
 
 i i r i i livings. 
 
 and take the laid annuity, yearly rent-charge, or 
 
 fum of ioo/. and every part thereof, for and during 
 
 the natural life of him the faid Robert Rook^ from and 
 
 out of the rents, iflues, and profits of the laid rectory 
 
 and vicarage, and premifes, charged therewith as afore- 
 
 faid, and according to the true intent and meaning of 
 
 the herein before mentioned bond, and of thefe pre- 
 
 fents, without any let, fuit, trouble, denial, inter- 
 
 ruption, or difturbance whatfoever of or by the faid 
 
 Robert Rook) or any other perfon or perfons claiming 
 
 or to claim by from or under him, and that free and 
 
 clear, and freely and ablblutely acquitted, exonerated, 
 
 and difcharged, or by the faid Robert Rook well and 
 
 fufficiently faved, defended, kept harmlefs, and indem- 
 
 nified of from and againft all and all manner of charges 
 
 and incumbrances whatfoever already had, made, done, 
 
 committed, or fuffered by the faid Robert Rook or any 
 
 perfon or perfons claiming or to claim by from under 
 
 or in truft for him. AND FURTHER, That in And in cafc 
 
 cafe the faid Robert Rook fhall at any time or times grantor ihaii 
 
 hereafter exchange for, or be preferred or promoted to "^rlPd or *** 
 
 any other ecclefiaftical benefice or benefices in lieu or promoted to 
 
 in exchange for the rectory or vicarage hereby charged any ecclefiafK- 
 
 to -.'..., b cal benehce in 
 
 with the payment of the faid annuity or yearly rent- HSU of the rec- 
 charge of ioo/. or of either of them, that then and tol 7 a " d v car- 
 in fuch cafe he the faid Robert Rook fhall within fix ^^annuitv, 
 calendar months next after fuch event fhall happen or ither ot 
 fully charge the fame benefice or benefices with the gamor wrti 
 payment of the faid annuity, yearly rent-charge, or within fix 
 fum of IOO/. hereby granted as aforefaid in like 3l'char 
 manner as the re&ory or vicarage, and glebe-lands, the fame with 
 mefTuages, &c. and other the emoluments of and be- 
 
 longing to the faid redlory and vicarage refpe&ively And for further 
 are hereby charged as aforefaid, and fhalfand will from affurancc - 
 time to time and at all times hereafter during his 
 R 3 natural
 
 246 APPENDIX OF PRECEDENTS. 
 
 natural life, upon every reafonable requeft to be made 
 for that purpofe by the faid George Watt, his executors, 
 adminiftrators, or afiigns, but at the proper cofts and 
 charges in the law of him the faid Robert Rook, make, 
 do, perform, and execute, or caufe to be made, done, 
 performed, and executed, all and every fuch further 
 and other lawful and reafonable aft and ats, deed and 
 deeds, conveyances and afiurances in the lav/, as lhall 
 be requifite and neceflary not only for the better and 
 more abfolutely granting, affuring, and confirming 
 the faid annuity, yearly rent-charge, or fum of ioo/. 
 unto the faid George Watt, his executors, adminiftra- 
 tors, and affigns, for and during the natural life of him 
 the faid Robert Rook in manner aforefaid, but alfo for 
 the further and better conveying, afluring, and con- 
 firming all and fingular the faid rectory and vicarage, 
 glebe-lands, &c. herein before mentioned, and hereby 
 demifed unto the faid Robert Withy, his executors, 
 adminiftrators, and affigns, or fuch other ecclefiaftical 
 benefice or benefices which he the faid Robert Rook 
 may have in exchange for the fame, or be preferred or 
 promoted to, in order to fecure the due and punctual 
 payment of the faid annuity, or yearly rent-charge, or 
 fum of ioo/. unto the faid George Watt, his executors, 
 adminiftrators, and afligns, during the natural life of 
 him the faid Robert Rook, in manner herein before 
 mentioned according to the true intent and meaning of 
 thefe prefents. ( Add defeasance on judgment, and clause 
 for redemption on payment of half a year's annuity.) 
 
 In witnefs, &c, 
 
 No.
 
 APPENDIX OF PRECEDENTS. 247 
 
 No. XVIII. 
 
 CONVEYANCE of a RENT CHARGE (to which 
 a Carried Woman is in-titled for Life under a 
 Wilt] jrom the Husband and Wife, for fe- 
 citring an Annuity, granted by the Bond and 
 Judgment of the Husband, during the Life 
 of the Jf r ife ; with a Covenant from the Hiif- 
 bund that he and his Wife will levy a Fine 
 fur conceflerunt of the Rent Charge, upon 
 the Trnjh of the Deed, where the Confidera- 
 tion is paid by a Promiflbry Note. 
 
 THIS INDENTURE made, &c. between Philip 
 Lee, of, &c. and Ann his wife of the one part, and Ifaac 
 Arden, of, &c. of the other part. WHEREAS Recital of will 
 Charles Duke in and by his laft will and teftament in ^[Jy the^ 
 
 writing, bearing date on or about the day of is imitledtoa 
 
 - which was in the year of our Lord ex- |_ ^^ 
 ecuted in fuch manner as is by law prefcribed, for ren*- tor her life, 
 dering valid devifes of real eftate, gave to his fifter the 
 faid Ann Lee, and her afligns, during her life, one an^ 
 nuity, or yearly rent charge of 4oo/. to be paid into 
 her own hands half yearly, for her feparate ufe, and 
 independent of her prefent or any future hufband, and 
 not to be fubjeft to his debts, controul or engagements, 
 and her receipt to be a fufficient difcharge for the 
 fame, and to be ifluing and payable out of his unfettled 
 
 eftates in the county of . AND WHERE^ Death of tefta. 
 
 AS the faid Charles Duke afterwards departed this life 
 without revoking or altering his faid will; AND Jj^jJ^ 011 ' 
 WHEREAS the faid Ifaac Arden hath contracted and purchafeof an- 
 agreed with the faid Philip Lee and Ann his wife, for gjjjjj^ 
 the abfolute purchafe of one annuity, or yearly fum of f or the life of 
 roo/. of lawful, &c. during the natural life of the the wife, 
 faid Ann Lee, to be paid as is hereinafter mentioned, 
 R4 <
 
 248 
 
 APPENDIX OF PRECEDENTS. 
 
 at or for the price or fum of 700/1 (State the expences}. 
 And that the AND WHEREAS upon the treaty for the purchafe of 
 fame fhould be tne {^ij annuity it was agreed, that for the further, 
 conveyance of better and more, effectual fecuring unto the faid Ifaac 
 i rent-charge J r den, his executors, adminiftrators and afligns, the 
 SJand by the due and punctual payment thereof, they the faid Philip 
 bond and judg- ]^ ee an ^ Ann his wife, fhould convey to the faid Ifaac 
 "'uiband! * Arden, his executors, adminiftrators and afligns, ALL 
 that the faid annuity, or yearly rent charge of 400/1 fo 
 given to the faid Ann Lee, in and by the faid herein- 
 before in part recited will of the faid Charles Z)#&,UPON 
 THE TRUSTS and to and for the intents and purpofes 
 hereinafter mentioned; And that the fame fhould be 
 further fecured by the bond or obligation of the faid 
 Philip Lee, and by a warrant of attorney for confefling 
 a judgment thereon. (Recite the bond and warrant of 
 Confideration attorney, Precedent No. V lit], NOW THIS INDEN- 
 paidbyapro- TURE WITNESSETH, that in purfuance of the 
 faid agreement, and in confideration of the fum of 
 700/1 of lawful, &c. by the laid Ifaac Arden, in hand 
 well and truly paid to the faid Philip Lee, at or before 
 the fealing and delivery of thefe prefents, in manner 
 following, (that is to fay) by a promiflbry note of hand, 
 bearing even date with thefe prefents, given by the faid 
 Ifaac Ardcn, payable to the laid Philip Lee or order,, 
 one month after date, for the fum of 702/1 iBs 4^. 
 being the confideration-money before mentioned, to- 
 gether with intereft computed thereon at the rate of 
 5/. per cent, per ann. from the date thereof until the 
 day on which the fame would become payable, the 
 receipt whereof he the faid Philip Lee doth hereby ac- 
 knowledge, and thereof and of and from the fame and 
 every part thereof, doth acquit, releafe and difcharge 
 the faid Ifaac Arden, his executors, adminiltrators, and 
 afligns, and every of them for ever by thefe prefents, 
 Conveyance pf tne Y l ^ e ^^ Philip Lee and Ann his wife, HAVE, 
 rent-charge to and each of them HATH granted, bargained, fold and 
 fraft'for'fec'ur 1 - confirmed, and by thefe prefents, DO, &c. unto the 
 ing the annui- faid Ifaac Arden, his executors, adminiftrators, and af- 
 figns, ALL that the faid annuity, or yearly rent charge 
 pf 40o/. fo given and fecured to the faid Ann Lee, for 
 
 anil
 
 APPENDIX OF PRECEDENTS. 349 
 
 and during the term of her natural life, in and by the 
 faid hereinbefore in part recited will of the faid Charles 
 Duke, and all arrears thereof, and all the eftate, right, 
 title, intereft, truft, property, profit, claim and de- 
 mand whatfoever, both at law and in equity, of them 
 the faid Philip Lee and Jinn his wife, and each of 
 them, of in to or out of the fame, TO HAVE, 
 HOLD, receive and take the faid annuity, or yearly 
 rent charge of 4oo/. and all and fmgular other the 
 premifes herein before mentioned, and intended to be 
 hereby granted, bargained and fold, unto the faid Iftiac 
 Arden, his executors, adminiftrators, and afligns, for 
 and during the natural life of the faid dnn Lee, UPON 
 THE TRUSTS neverthelefs, and to and for the in- 
 tents and purpofes hereinafter exprefled and declared, 
 of and concerning the fame, (that is to fay) UPON 
 TRUST thereout to retain and reimburfe himfelf and 
 themfelves all fuch cofts, charges and expences as he 
 or they (hall or may pay, bear, fuftain, or be put unto 
 in or about the recovery and receipt of the faid an- 
 nuity, or yearly fum of 4oo/. hereby granted, bar- 
 gained and fold, or any part thereof, or in any wife re- 
 lating thereto; And alfo to retain to and pay himfelf 
 and themfelves the faid annuity, or yearly fum of i oo/ 
 fecured by the faid recited bond, of even date with 
 thefe prefents, when and as the fame fhall become due 
 and payable ; And after payment, fatisfa&ion, and dif- 
 charge of fuch cofts, charges and expences, and of the 
 faid annuity, or yearly rent charge of ioo/. UPON 
 TRUST to pay the furplus or remainder of the faid 
 annuity, or yearly rent-charge of 4OO/. to the laid Ann 
 Lee, in fuch manner as is mentioned in the faid here- 
 in before in part recited will of the faid Charles Duke, 
 AND the faid Philip Lee, for himfelf, his heirs, exe- Covenant hy 
 
 cutors, and adminiftrators, and for the faid Ann his h"<bai)H,tiiat 
 " ... .... i i lie and Ins wife 
 
 wife, doth covenant, promile, and grant to and with wou ;j i eV y a 
 
 the faid Jfaac strden, his executors, adminiftrators, and |>e fur conccf- 
 afligns, by thefe prefents, that he the faid Philip Lee lem-charg^to 
 
 and sinn his wife, {hall and will as of Eafterterm now grantee up. m 
 ... .... irir *. tnetrultshefow 
 
 next enfuing, or or tome other iubiequent term, at declared. 
 
 {he requeit of the faid l/aaa s1rden y his executors, ad- 
 
 miniftr. tors
 
 15e APPENDIX OF PRECEDENTS. 
 
 miniftrators or afligns, but at the cofts and charges of 
 the faid Philip Lee, his executors, or adminiflrators, 
 acknowledge and levy in due form of law, before the 
 Juftices of his Majeity's Court of Common Pleas at 
 Weftminfter, one or more fine or fines fur conceflerunt, 
 to be engrofled, recorded, and fued forth unto the faid 
 Ifaac Ardt'ti) his executors, adminiflratore, and afligns, 
 cf the faid annuity, or yearly-rent charge of 4OO/. and 
 ail and fmgular other the premifes herein before men- 
 tioned, and intended to be hereby granted, bargained, 
 and fold, by fuch apt and convenient name and names, 
 and other defcriptions as will effectually comprife the 
 fame, and mall for that purpofe be thought fit and re- 
 quifitcj And it is hereby agreed and declared, by and 
 between the faid parties to thefe prefents, to be the 
 true intent and meaning of thefe prefents, that as well 
 the faid fine or fines fo as aforefaid, or in any other 
 manner to be had and levied, as alfo ail and every other 
 fine and fines, conveyances and affurances, in the law 
 \vhatfoever, already had, made, done, acknowledged, 
 levied or executed, or to be had, made, done, acknow- 
 ledged, levied or executed, by or between the faid par- 
 ties to thefe prefents, or any of them, or whereunto 
 they or any of them was were is are or fhall or may 
 be parties or party, or privies or privy, of all and fin- 
 gular the faid annuity, or yearly-rent charge, and pre- 
 rnifes herein before mentioned, and intended to be 
 hereby granted, bargained and fold, or any of them, 
 or any part or parts of the fame, fhall from and imme- 
 diately after the levying, making, executing and per- 
 fecting thereof, be and enure, and fhall be adjudged, 
 conftrued, deemed, and taken to be and enure, and is 
 and are hereby declared to be at the time of the making, 
 levying and fuffering thereof, meant and intended to be 
 and enure, to the only proper ufe of the faid Ifaac 
 Jlrden, his executors, adminiftrators, and afligns ; 
 UPON THE TRUSTS neverthelefs herein before 
 mentioned and declared concerning the fame. (Add 
 covenant to pay annuity j and that grantee and wife had 
 done no act to incumbcr j and for further affurancc \ alfo y 
 add dtfe fatice on judgment and clatife of redemption}. 
 
 In witnefs, &c. 
 No.
 
 APPENDIX OF PRECEDENTS. 351 
 
 No. XIX. 
 
 GRANT of an AxxuiTYjfor the Life of the 
 Grantor, charged upon an Ejlale, oj which he 
 is feifcdfor Life, (without fitting forth his 
 Title) with a Demife of the fame Fjlate to a 
 Trujiee, for a Term of QQ Years, for better 
 fecuring the Annuity ; with a Provi/b that 
 no Diftrefs Jhall be made upon the Manfion- 
 Iloufe and Lands thereto belonging, unlefs 
 the Annuity is in Arrearfor Four Months. 
 
 THIS INDENTURE TRIPARTITE made, &c. 
 between Charles Lott, of, &c. Efq. of the firfl part, Parties ' 
 Richard Burt, of, &c. Efq. of the fecond part, and 
 Robert Watts, of, &c. Gent, of the third part, 
 WHEREAS the faid Charles Lott hath contracted and f![f r f h jfe of 
 agreed with the faid Richard Burt, to grant to him the annuity to b 
 
 faid Richard Burt, an annuity, or clear yearly rent charge i iruin s " ut 
 
 r e , i'/r- JIT e - manors, &c. far 
 
 or turn or ioo/. to be yearly iliuing and payable out of t hc life of 
 
 the manors, mefluages, lands, tenements, hereditaments, grantor. 
 and premifes hereinafter mentioned and defcribed, and 
 to be fecured as hereinafter is mentioned, to be paid to 
 the faid Richard Burt> his executors, administrators, 
 and afligns, for and during the natural life of him the 
 faid Charles Lott, by four equal quarterly payments in 
 the year, together with a proportionable part of the 
 faid annuity, for the time which at the deceafe of the 
 faid Charks Lott, (hall have elapfed of the quarterly 
 payment of the fame annuity then growing due, at or 
 for the pvice or fum of 7oo/. out of which, &c. (St. te 
 the expences }. AND WHEREAS it was agreed upon 
 the treaty for the purchafe of the faid annuity, that the 
 manors, mefTuagcs, lands, tenements, and heredita- 
 ments, out of which the fame is to be ifiuing and pay- 
 ?ble as aforefaid, Ihouid be demiftxl to a truftee, IN 
 
 TRUST,
 
 APPENDIX OF PRECEDENTS, 
 
 TRUST, for better fecuring the payment of the faid 
 annuity in the manner hererinafter exprefied, And 
 that the fame annuity fliould be further fecured by the 
 bond or obligation of the faid Charles Lott, and a war- 
 rant of attorney to confefs a judgment thereon. (Re- 
 cite the bond and warranty Precedent No. VIIL Grant 
 a rent charge with powers of entry and di/lrefs, as in Pre- 
 cedent No. III. and add covenant to pay annuity.) AND 
 e - THIS INDENTURE FURTHER W1TNESSETH, 
 mifes to a tmf- t jj at f or t ^ e confiderations aforefaid, and for the fur- 
 tee for 99 vears, , , , . r i_ j 
 upon truft for ther and oetter iecunng and enforcing the due and 
 
 fecuring an- pun&ual payment of the faid annuity, or clear yearly 
 rent, charge, or annual fum of ioo/. hereby granted 
 as aforefaid , And alfo for and in confideration of the 
 Aim of los. of like lawful money to the faid Charles 
 Loft, in his own proper perfon, in hand paid by the 
 faid Robert Watts^ in his own proper perfon, at or be- 
 fore the fealing and delivery of thefe prefents, the receipt 
 whereof is hereby acknowledged, He the faid Charles 
 Lott, at the nomination and by the direction of the faid 
 Richard Burt, (teftified by his being made a party to 
 and executing thefe prefents) HATH granted, bar- 
 gained, fold and demifed, and by thefe prefents DOTH, 
 &c. unto the faid Robert latts t his executors, admi- 
 niftrators, and affigns, ALL that (ftate the parcels) 
 together with all and fingular houfes, &c. and the re- 
 verfion, &c. and all the eftate, &c. TO HAVE 
 AND TO HOLD the faid manors or lordihips, or 
 reputed manors or lordfhips, capital and other mef- 
 fuages, lands, tenements, and hereditaments, and all 
 and fingular other the premifes hereby granted, bar- 
 gained, fold, and demifed, or meant, mentioned, or 
 intended fo to be, with their and every of their rights, 
 members, and appurtenances, unto the faid Robert 
 Watts, his executors, adminiftrators, and afligns, from 
 henceforth for and during and unto the full end and 
 term of 99 years, to commence and be computed from 
 the clay of the date of thefe prefents (if he the faid 
 Charles Lott, fhall fo long live); And from thence fully 
 to be complete and ended. But, neverthelefs, upon 
 the feveral trufts, and for the ends, intents and pur- 
 
 pofes, 
 I
 
 APPENDIX OF PRECEDENTS. 
 
 pofes, and under and fubjeft to the provifoes, declara- 
 tions and agreements hereinafter declared or exprefied, 
 of and concerning the fame, (that is to fay) UPON 
 TRUST, to permit and fuffer the faid Charles Lott, 
 and his ailigns, to receive and take the yearly and other 
 rents, iflues and profits, of the faid manors or lord- 
 fliips, or reputed manors or lordfhips, mefiuages, 
 lands, tenements, hereditaments, and premifes, to his 
 and their own proper ufe and benefit, until fome de- 
 fault fhall happen to be made of or in payment of the 
 faid annuity, yearly rent charge, or fum of zoo/, 
 hereby granted, or fome part thereof, at or on the days 
 and times and in the manner herein before appointed 
 for the payment thereof as aforefaid. AND UPON 
 FURTHER TRUST, that in cafe the faid annuity, 
 or yearly rent, charge, or fum of i OG/. or any part 
 thereof, fhall happen to be behind and unpaid for, or 
 by the fpace of fixty days next over or after any of the 
 faid days or times of payment whereon the fame is 
 herein before limited or appointed, and ought to be 
 paid as aforefaid, then and fo often as it (hall fo hap- 
 pen, the faid Robert Watt^ his executors, adminiftra- 
 tors, and afligns, fhall from time to time, by and out 
 of the rents, iflues and profits, of the faid manors or 
 lordfhips, or reputed manors or lordfhips, mefluages, 
 lands, tenements, hereditaments and premifes, hereby 
 demifed, or exprefled or intended fo to be, or by de- 
 mifmg, leafing, or mortgaging the fame 1 , or any part 
 thereof, for and during all or any part of the faid term 
 of 99 years, or by fuch other ways and means as to 
 him the faid Robert Watts, his executors, adminiftra- 
 tors, or affigns, fhall feem meet, raife and levy fuch fum 
 and fums of money as will be fufficient to pay and fatisfy 
 the faid annuity, or clear yearly rent charge or fum of 
 loo/, or fo much thereof as fhall from time to time 
 happen to be in arrear and unpaid; And alfo all fuch 
 fum and fums of money, lofs, coils, charges, da- 
 mages, and expences (if any as the faid Richard 1 urt 
 and Kobert H atts, their executors, adminiftrators, or 
 affigns, or any of them fhall pay, fuftain, expend, or 
 be put unto, for or by reafon or means of the non- 
 payment
 
 : C4 APPENDIX OF PRECEDENTS. 
 
 payment of the faid annuity, or yearly fum of looA 
 or any part thereof, at or on the days or times and hi 
 manner herein before exprefied or appointed for the 
 payment of the fame, or the performance of the trufts 
 hereby declared or exprefled of or concerning the fame 
 premifes, mentioned to be hereby demifed, or the tak- 
 ing pofleflion and collecting and receiving the rents, 
 ilTues and profits thereof, or otherwife howfoever re- 
 lating thereto ; And mail and do pay, apply, and dif- 
 pofe of the monies fo to be raifed or levied, in or to- 
 wards the payment or fatisfaftion thereof accordingly ; 
 And mall and do permit and fufler the faid Charles Lott 
 and his afligns, from time to time to receive and take 
 the refidue or overplus of the rents, uTues, and profits 
 of the faid hereby demifed premifes, after full payment 
 and fatisfa&ion of the faid annuity, or yearly rent 
 charge of ioo/. and all arrears thereof, and all fuch 
 cofts, charges, damages, and expences, as aforefaid, 
 vifo t]iatno to his and their own proper ufe and benefit. PRO- 
 diftrefs fhaii be VIDEO ALWAYS, And it is hereby agreed and de- 
 made upon the c i are( iby and between the faid Richard Bur fm& Charles 
 manfion-houie J m '***. a -r> 
 
 and lands be- Lott, that neither he the faid Richard Burt, his execu* 
 
 in!eiSnuhJ tors > adminiftrators, or affigns, or the faid Robert Watts, 
 is in anear for his executors, adminiftrators, or afligns, fhall or will at 
 lendar an y t j me or t i mes hereafter, make or take, or caufe to be 
 made or taken, any diftrefs or diftreffes in or upon the 
 faid capital mefluage or tenement, called Took's Hall, 
 or the lands thereunto belonging, or any part thereof, 
 for the recovery of the faid annuity, or yearly ium of 
 ioo/. or any part thereof, or make or do, or caufe to be 
 made or done, any other act, matter, or thing what- 
 foever, to compel or enforce the payment of the faid 
 annuity, or yearly fum of ioo/. or any part thereof, 
 from or out of the fame capital mefluage or tenement, 
 land and premifes, under or by virtue of all or any of 
 the powers, remedies and authorities hereby given and 
 provided, for recovering and enforcing the payment 
 thereof, unlefs and until fome quarterly payment there- 
 of (hall be in arrear and unpaid for the ipace of four 
 calendar months at the leaft, any thing herein before 
 contained to the contrary thereof in any wife notwith- 
 ftanding. (Add covenant that grantor is f sized for life ; 
 5 that
 
 APPENDIX OF PRECEDENTS. 
 
 that he hath power to charge the premifes ; and alfo to 
 demife the fame j and for quiet enjoyment, after default in 
 payment of f aid annuity, free from Encumbrances \ and for 
 further affurance ; defeasance on judgment , and claufe of 
 Redemption). 
 
 In witnefs, &c. 
 
 No. XX. 
 
 GRANT of ANNUITY for the Life of the 
 Grantor, charged upon the Third Part of 
 the Rents of certain Freehold Houfes, to 
 which he is intitled for his Life under a 
 Will ; with a Demije of the fame to a Trujhe 
 for a Term of Years, for better fecuring the 
 fame. Covenant for Grantor to appear at 
 an Influence-Office, and in Cafe he Jhoiild 
 go Abroad, whereby the Grantee Jhould be 
 put to any Extra E.vpence for Insurance, 
 that Grantee (hould receive the fame out of 
 
 . the Rents of Eflate. Appointment of a Re- 
 ceirer, with a Covenant j or fuch Receiver to 
 pay the Grantors Share of Rents to the 
 Tniflee, upon the Trujts of the Deed ; with 
 Provi/ion for appointing another in Cafe of 
 his Death or dwllnins. 
 
 "ts ' 
 
 THIS INDENTURE QUADRUPARTITE 
 made, &c. between Samuel IVand, of, &c. Eiq. one Parti.-?, 
 of the three furviving fons of Richard Wand, late of, 
 &c. of the firfl part; John Jfand, of, &c. one other 
 of the three furviving fons of the faid Richard l^and, 
 of the fecund part} Thomas Turner, the elder, of, 
 
 &c.
 
 APPENDIX OF PRECEDENTS. 
 
 &c. Efq. of the third part ; and Thomas Turner, the 
 younger, of, &c. Efq. of the fourth part. WHERE- 
 Recitalofawill ^ t h e fafa Richard Wand duly made and publifhed 
 grantor ^sinti- his laft will and teftament in writing, in fuch manner 
 dedtotheiifih an( j orm as j s by law required, for rendering valid 
 Kertam ^6- devifes of real eftates, bearing date on or about the 
 
 hold property d a y o f _ which was in the year of our 
 
 '" T - ' And thereby after giving divers fpe- 
 
 incumbrunces c {fi c an j pecuniary legacies, gave and devifed to William 
 n" g ' Strong, of, &c. James Stamp, of, &c. and John Groom, 
 
 of, &c. gents. ALL that his freehold meffuage, or 
 tenement, with the appurtenances, fituate and being 
 
 in Mark-Lane, in the parifh of then in the 
 
 tenure of TO HOLD unto them the faid 
 
 William Strong, &c. and their heirs; NEVERTHE- 
 LESS UPON TRUST that they the faid William 
 Strong, &c. and the furvivors and furvivor of them, 
 and his heirs, fhould from time to time and at all times 
 after payment of the taxes, payable in refpeft of the 
 premifes and charges of the repairs thereof, and other 
 incidental charges, pay unto or permit and fuffer his wife, 
 JMary Wand, and her affigns, during her life, to re- 
 ceive and take the reft of the clear or neat annual rents* 
 Jflues and profits, of the premifes, as the fame fhould 
 become due, to and for her own ufe ; And after the 
 deceafe of his faid wife, to and for the the feveral ufes, 
 intents and purpofes therein and in part hereinafter 
 mentioned, exprefied and declared, of and concerning 
 the fame ; Together with his other freehold mefluages 
 or tenements, therein and hereinafter mentioned; And 
 the faid teftator gave and devifed unto the faid William 
 Strong, &c. and their heirs, ALL thofe three freehold 
 mefluages, fituate, &c. AND ALSO all thofe three free-? 
 hold melfuages, fituate, &c. AND ALSO all that mef- 
 fuage, fituate, &c. ALL which faid feveral mefiuages 
 and premifes were fubject to and charged with an annuity 
 yearly rent charge or fum of i oo/. to his faid wife for 
 her life, for her jointure if flie furvived him the faid 
 teftator, according to their marriage fettlement ; AND 
 ALSO all that the aforefaid mefluage in Mark-Lane 
 aforefaid, fubjeft to the ufe aforefaid, for and during 
 4 the
 
 APPENDIX OF PRECEDENTS. 
 
 Ac life of his faid wife; AND ALSO all thofe two 
 other mefiuages, fituate, &c. 'I O HAVE AND TO 
 HOLD the faid freehold mefluages or tenements, farms, 
 lands, hereditaments, and all and fmgular other the 
 faid freehold premifes, with their and every of their 
 appurtenances, fubjecl: and charged as aforefaid, unto 
 them the faid William Strong, &c. and their heirs, to 
 and for the feveral ufes, intents and purpofes, and 
 under and fubject to the feveral provifoes and limita- 
 tions hereinafter expreffed, limited and declared of and 
 concerning the fame, (that is to fay) TO the ufe, in- 
 tent and purpofe that they the faid William Strong, 
 &c. and the furvivors and furvivor of them, and his 
 heirs, fhould and might yearly and every year, during 
 the feveral terms of the natural lives of his two daugh- 
 ters, Mary Stevens and dnna Wand^ receive and take 
 by and out of the faid freehold mefluages or tenements, 
 farms, lands and premifes, one annuity yearly rent, or 
 fum of 52/. IO:. of lawful, &c. and pay the fame to 
 his faid daughter, Mary Steven s y during her life; And 
 one other annuity yearly rent, or fum of 52.''. IQS. of 
 lawful, &c. and pay the fame to his daughter Anna 
 Wand) during her life ; each of the faid annuities, yearly 
 rents, or fums of 527. zox. and 52/4 10;. to be free of; 
 and from all manner of taxes, charges and dedu&ions. 
 whatfoever, and to be paid to his faid two daughters re- 
 fpetively, for their respective fole and feparate ufes, 
 exclufive of any prefent or future hufband or hufbands, 
 they or either of them had, and thereafter fhould ox 1 
 might happen to marry; And to the further ufe, in- 
 tent and purpofe, that his daughter-in-law Ann Wand> 
 wife of his faid fon Shadrick Wand, in cafe fhe fhould 
 furvive him, fhould or might have, receive and take, 
 by and out of the aforefaid freehold mefluages, tene < 
 mcnts, farm, lands, hereditaments and premifes, for 
 and during fo long as fhe fhould happen to live and con- 
 tinue the widow of his faid fon Sh.-tdrick Jfafid, without 
 marrying again, one annuity, yearly rent, or fum of 30/4 
 of lawful, &c. free of and from all manner of taxes, 
 charges and deductions whatfoever ; And to the fur f 
 ufe, intent and purpofe, that his daughter-iri law, Su- 
 s Jannab
 
 APPENDIX OF PRECEDEOTS. 
 
 Jatinah Wand) wife of his faid fon John Wand, in cak 
 flie fhould furvive him, fhould and might have, re- 
 ceive and take, by and out of the aforcfaid freehold 
 rnefluages, tenements, farm, lands, hereditaments, and 
 premifes, for and during her natural life, one annuity* 
 yearly rent, or fum of 3P/. of lawful, &c. free of and 
 from all manner of taxes, charges and deductions 
 whatfoever, all and every of which faid feveral and 
 refpeftive annu'ties, yearly rents, or fums of money, 
 fhould be paid and payable at the feafts or days therein 
 mentioned. And by the faid will the ufual powers of 
 tntry and diftrefs, and perception of the rents and pro- 
 fits, are given to the faid feveral annuitants, for the 
 better fecuring and inforcing the payment of the faid 
 feveral rtfpeftive annuities j And as to for and con- 
 cerning all and fmgular the faid meffuages, tene- 
 ments, farm, lands, hereditaments, and premifes fo 
 charged and chargeable with the faid feveral annuities, 
 yearly rents, or fums of money, and fuch remedies for 
 the fame as aforefaid, to the ufe and behoof of them 
 the faid William Strong, Sec. and their heirs, for and 
 during the natural lives of his five fons, Shadrick JVand, 
 Samuel Wand, John Wand, Robert Wand, and Peter 
 Wand\ Neverthelefs upon truft that they, the faid 
 Wi Him Strong, &c. and the furvi^ors or furvivor of 
 them, and his heirs, did and fhoula from time to time 
 And at all times, after payment of the taxes, payable in 
 refpet of the premifes and charges of the repairs there- 
 of and other incident charges, pay and divide, or caufe 
 to be paid and divided, all and every the reft of the 
 neat or clear annual rents, iffues and profits of the pre- 
 mifes, as the fame refpeclively became due, unto and 
 amongft his faid five fons, Shadrick Wa-d, Samuel 
 Wand, John Wand, Robert Wand, and Peter Wand, 
 during the feveral refpedlive terms of their feveral na- 
 tural lives, (hare and fliare alike, the {have he directed 
 of 'John Wand to be paid during his life to his wife 
 Sufannah Wand, and from and after the deceafe of any 
 of them,^ then the (hare or fhares of him or them fo 
 deceafed," fhould go to and amongft the furvivor of 
 them, for their feveral lives, equally if more than one, 
 
 and
 
 APPENDIX OP PRECEDENTS. 
 
 5nd if but one, then the whole to fuch only furvivof 
 
 for his life; and from and after the deceafe of his faid 
 
 five fons, upon fuch trufts and to and for fuch ufes, 
 
 ends, intents and purpofes as are therein particularly 
 
 mentioned. AND WHEREAS the faid teitator foon Recital r;f thft 
 
 afterwards departed this life, without altering or re- deathof telta - 
 
 yoking his faid will, fave by fome codicils thereto, 
 
 which did not in any manner affel his faid real eftates* 
 
 AND WHEREAS the faid Shadrack Wand and Robert And of the 
 
 Tff J i_ i 1 i r i i i- vr 11 death of two of 
 
 (-('and have both long imce departed this life, whereby grantor's bro- 
 the faid Samuel Wand, John Wand, and Peter Wand ''* wheteby 
 
 it r ' r j r i e i FL -r* j , P e l * become 
 
 fes the three lurvivmg ions of the laid teitator, Richard mtitied to or..?- 
 
 Wand, deceafed, are entitled, either at law or in equity, J^ P*" c 
 
 to the receipt and enjoyment of the clear furplus arif- 
 
 ing from the faid fevcral freehold eilates, for their lives, 
 
 after payment and fatisfaclion of the feveral annuities 
 
 fo given and bequeathed by the faid teftator's will as 
 
 aforefaid. AND WHEREAS the faid Thomas Turner, Contraft for 
 
 the elder, hath contrafted and agreed with the faid SJfSf iwaw* 
 
 Samuel Wand, to grant to him the faid Thomas Turner, to be 
 
 the elder, one annuity, clear yearly rent charge, or h 
 
 annual fum of 8o/. to be yearly ifluing and payable out 
 
 of the third part or fhare, and every other part or fhare 
 
 expectant or contingent of the faid Samuel Wand, of 
 
 and in the hereditaments and premifes herein before 
 
 mentioned to be devifed by the faid recited will, and 
 
 herein before more particularly defcribed, and to be 
 
 iecured as hereinafter is mentioned, to be paid to the 
 
 faid Thomas Tunufj the elder, for and during the na- 
 
 tural life of him the faid Samuel Wand, by equal quar- 
 
 terly payments in the year, together with a propor- 
 
 tionable part of the faid annuity for the time which at 
 
 the deceafe of the faid Samuel Wand, fhall have elapfcd 
 
 of the quarterly payment of the fame annuity, then 
 
 growing due, at or for the price or fum of doo/. out 
 
 of which, &c. (State the cxpences). AND WHERE* 
 
 AS it was agreed upon the treaty for the purchafe of JecurinK the 
 
 the faid annuity, that the mefluages or tenement^ fatefihoui^ 
 
 farm, lands, hereditaments and premifes, out of which demifcdt/a 
 
 the lame is to be ifTuing as aforefaid, fliould be de- 
 
 Ihould ilfo be fecured by the bond and judgment ot the graatof, 
 
 s 3 mifcd
 
 APPENDIX OF PRECEDENTS. 
 
 mifed to a truftee, in truft for better fecuring the pay- 
 ment of the laid annuity, in manner hereinafter ex- 
 prefled ; and that the fame annuity fliould be further 
 fccured by the bond or obligation of the faid Samuel 
 Wand) and a warrant of attorney to confefs a judgment 
 thereon in manner hereinafter mentioned. (Recite the 
 bond and warrant of attorney , Precedent No. VIII. Grant 
 the annuity to be ij/iiing out of the third part and every other 
 party Jhare and intereft of him the faid Samuel Wand, oj 
 and in alt andftngular the faid mejjuages, &JV. And add 
 the ufufilpoiu ers of dljlrefs and entry, Precedent No.XXIf* 
 Covenant that sidd covenant to pay annuity). AND ALSO that he 
 fearaT^vVr the faid Samuel Wand, mall and will at any time or 
 furance-office times hereafter, at the requeft of the faid Thomas Tur~ 
 rnay^nfar^his ner y the elder, his executors, adminiftrators or afligns, 
 lite, and in cafe appear in perfon as often as there mall be occailon 
 fhouf^ieave * r *" s fo doing (upon his having notice thereof) at any 
 the Kingdom, office or place of infurance, or to any underwriter or 
 grantee faouid underwriters within the cities of London or Weftmin- 
 be put to anyex-y&r, or ihall fend to him or them notice of his place of 
 tnat'grantor 6 ' a ^ ode > and > if neceffary, vouchers or certificates of 
 ihould receive the faid Benjamin Wand being living, and of the flate 
 XeprTiS. of and condition of his health, in order that the faid Tho- 
 mas Turner t the elder, his executors, adminiftrators v 
 or afligns, may infure the life of him the faid Benjamui 
 Wandy for any fum or fums of money he the faid Tho-* 
 mas Turnery the elder, his executors, adminiftrators, 
 or affigns, may think proper, AND ALSO, that in 
 cafe the faid Samuel Wand mail upon any occafiorv 
 whatever leave this kingdom, whereby the faid Thomas 
 Turnery the elder, (hall be put to any extra expence 
 in infuring the life of him the faid Samuel Wandy that 
 then and in fuch cafe, it mall and may be lawful to 
 and for the faid Thomas Turner \ the elder, his execu- 
 tors, adminiftrators, and afligns, to have, take and 
 receive, out of the faid premifes hereby charged with 
 the payment of the faid annuity, or yearly rent charge 
 of 8o/. all fuch fum or fums of money as he the faid 
 Thomas Tr-,the elder, (hall or may fuftain,or be put 
 unto for or on account o fuch extra infurance as afore* 
 
 faid,
 
 APPENDIX OF PRECEDENTS. 
 
 faid. AND THIS INDENTURE FURTHER Demife of 
 WITNESSETH, that for the confiderations afqrefaid, g 
 and for the further and better fecuring and enforcing a . nd other con- 
 the due and punctual payment of the faid annuity, or aSStX"** 
 yearly rent charge of 8o/. hereby granted as aforefaid, tmfte& for the 
 
 . ,. - - ^ annuity, 
 
 feahng and delivery of thefe prefents, the receipt 
 whereof is hereby acknowledged, he the faid Samuel 
 Wand, at the nomination and by the direction of the 
 faid Thomas Turner, the elder, teftified by his being 
 a party to and executing thofe prefents, HATH grant- 
 ed, bargained, fold and demifed, and by thefe prefents 
 DOTH, &c. unto the laid Thomas Turner , the younger, 
 his executors, adminiftrators, and afiigns, the third 
 part and every other part, fliare, right, title and inte* 
 red, veiled or contingent of him the faid Saftiuel Wand t 
 of and in all that freehold mefTuage or tenement, with 
 the appurtenances, fituate, &c. AND alfo of and in all 
 thofe freehold mefluages, fituate; &c. AND alfo of and 
 in all that mefluage, fituate, &c. AND alfo of and in 
 all thofe two other mefluages, fituate, &c. AND alfo 
 of and in all other the meifuages or tenements, farm, 
 lands, and hereditaments wherefoever fituate, lying, 
 and being, which were late the eftate and inheritance 
 of the faid Richard Wand> deceafed, and which were 
 by him given and devifed by the before recited will, 
 upon the trufts therein and herein before mention- 
 ed; and of and in all and fingular houfes, &c. to 
 the faid feveral mefluages or tenements, farm, lands, 
 hereditaments and premifes, herein before particularly 
 mentioned and defcribed, or any part or parcel there- 
 of belonging or in any wife appertaining, or therewith 
 or with any part thereof, now or at any time hereto- 
 fore, letten, &c. and of and in the reverfion, &c. 
 TO HAVE AND TO HOLD the faid premifes 
 hereby granted, bargained, fold and demifed, or meant, 
 mentioned, or intended fo to be, with their and every 
 of their rights, members, privileges, profits, com- 
 modities, advantages, emoluments, and appurtenances, 
 s unto
 
 ^>a APPENDIX OF PRECEDENTS. 
 
 unto the faid Thowaf Turner, the younger, his execu- 
 tors, adminiftrators, and affigns, from henceforth for 
 and during and unto the full end and term of 99 
 years, to commence and be computed from the date of 
 thefe prefents, (if he the faid Samuel Had, lhall fo 
 Jong live) and from thence fully to be complete and 
 ended, but fubjetl: to the faid feveral annuities charged 
 thereon by the faid will, and upon the feveral trufts, 
 and for the ends, intents and purpofes, and under and 
 fubje& to the powers, provifoes, declarations, and 
 agreements, hereinafter declared and expreffed of and 
 concerning the fame, (that is to fay) UPON TRUST 
 (as in Precedent No- XV. ' (Add covenant againjl //-. 
 cumbraiues. And that grantor has power to ch , rge the 
 premifes , j$nd a/Jo to demife the fame ; s.nd for peaceab e 
 enjoyment after default of payment of annuity ; /ind for 
 further ajfurance), AND WHEREAS it hath been 
 mutually agreed by and between the faid parties here-- 
 to, that the faid John Wand fhould be the receiver of 
 the rents and profits of the faid feveral meffuages or 
 tenements, farm, lands, hereditaments, and premifes 
 
 Recital of herein before mentioned- AND WHEREAS upon 
 agreement for . ... .......... 
 
 the appoint- the treaty i or the purchafe of the iaia annuity, or clear 
 
 nt f ^ r h~ Y ear ty rent charge, or annual fum of 8c/. it was agreed 
 rents, and that that for the punctual payment thereof, the part or 
 
 Aich receiver fl iare o f j-^ t ] ie faft Samuel Wand> of and in the 
 
 Ihould pay rr " r r i r i rr 
 
 grantor's in te- rents, inues, a.rjd prohts or the laid meiiuages or tene-^ 
 reit in the rents rnents, farm, lands, hereditaments, and premifes. 
 
 to the trvmee /, , ,*. ... t r 'i ev rr,- T i r i rr-7 
 
 for the grantee, ihould be paid by the laid John il'and) to the iaid Tho-> 
 upon the trufts nias Turner, the younger, his executors, adminiftra- 
 v^topay'an- tors, and affigns, UPON THE TRUSTS herein. 
 
 nui {y preeable after mentioned, expreffed, and declared of and 
 and all ex- ' concerning the fame, (that is to fay) UPON TRUST 
 pence^ar.dthe to pay unto the faid 3 homos Turner, the elder, his ex- 
 
 reuoue to the i n n- i r \ 
 
 grantor. ecutors, admimttrators, or auigns, the laid annuity, 
 
 clear yearly rent charge, or annual fum of 8o/. at the 
 days and times in the condition to the faid recited bond 
 limited and appointed for payment thereof, together 
 with all iuch cofts, charges, damages, and expences, 
 as fhall or may be fuftained or occafioned by any non- 
 payment thereof, and to pay the furplus or refidue 
 
 thereof
 
 APPENDIX OF PRECEDENTS. 
 
 thereof unto the faid Samuel Wand, his executors, ad- 
 miniftrators, and afligns, as he or they fhall order, 
 aired* and appoint. AND THIS INDENTURE Receiver in 
 FURTHER WITNESSETH, that in purfuance oJagSent 
 the faid agreement, and in consideration of the fum of venantswith 
 
 / 1 r i n i r-i.^r rrr i t'UfteC tO pay 
 
 loj, or lawful, &c. to him the laid John Waid, in the grantor's . 
 
 hand paid by the faid Ihomas Turner, the younger, he 1 ,^" r . e of rei ? ts 
 , r f v / . ' } , n (fo long as he 
 
 the laid 'John IV and, at the ipecial mitance and requeit ihall be receiv* 
 
 and by the direction and appointment of the faid fl.,..") to him upon 
 
 , A, . ... , , , . *T . , the trults be- 
 
 mud Wand, teltmed by his being a party to and exe- fore mention- 
 
 cuting thefe prefents, DO FH hereby for himfelf, his ed 
 heirs, executors, and adminiftrators, covenant, pro* 
 mife, and agree, to and with the faid Thomas Turner, 
 the younger, his executors, adminiftrators, and afligns, 
 that he the faid John Wand, fhall and will fo long as 
 he fhall continue receiver of the rents and profits of 
 the faid mefluages or tenements, farm, lands, heredi- 
 taments and premifes, well and truly account with 
 and pay to the faid Thomas Turner, the younger, his 
 executors, adminillrators, and afligns, all the part and 
 (hare of him the faid Samuel Wand, of and in fuch 
 rents and profits upon the trufts herein before men- 
 tioned. AND for the purpofes aforefaid, he the faid Power of attor- 
 o , IT, , , , \ r , . , ' . ney fr th 
 
 Samuel Ivami, hath made, ordained, nominated, con- grantor for the 
 
 ftituted and appointed, and by thefe prefents DOTH, trufteetore- 
 
 i t- i cri cr- ; i i_- ceive the lent* 
 
 &c. the laid Ihouias Turner, the younger, his execu- O f receiver. 
 
 tors, adminiftrators, and afligns, his true and lawful 
 attorney and attornies, irrevocable for him the faid 
 Samuel Wand, and in his name, place and ftead, or 
 in the name of him the faid Thomas Turner, the younger, 
 his executors, adminiftrators, or afligns, to alk, de- 
 mand, fue for, recover, receive and take, of and from 
 the faid John If/and, or any other receiver hereafter to 
 be appointed, or of and from the truftees mentioned 
 ,and appointed in and by the faid recited will, or of 
 and from all and every or any perfon or perfons liable 
 or intruded to pay the fame, all and every fum and 
 fums of money that ihall or may hereafter become 
 payable unto him the faid Samuel Wand, for and in 
 refpet of his fhare, right and intereft in the eftatcs 
 prernifes herein before mentioned, to be here- 
 $4 bf
 
 APPENDIX OF PRECEDENTS. 
 
 by charged with the payment of the faid annuity of 
 
 80.'. or in the rents and profits thereof, or of any part 
 
 thereof; And on receipt thereof, acquittances or other 
 
 difcharges for the fame, to give as fully and effe&ually 
 
 to all intents and purpofes, as he the faid Samuel fl'atid 
 
 might or could have done, in cafe thefe prefeuts had not 
 
 Prnvifothatin been made and executed. PROVIDED ALWAYS, 
 
 d? e< or C dfi- er ^ n ^ ^ * s ^ ere ^Y agreed and declared by and between 
 
 Oines, another the faid parties hereto, that in cafe the faid John Wand 
 
 *TE^F r( V be fhaN die or decline to aft as fuch receiver, that then 
 mutually cho- . ' 
 
 fcniivhepnr- and m iuch cafe, one other fit and proper perfon mail 
 ties then uiu- fa mutually cholen and appointed by and between the 
 
 tied to the . J , . i r f r r i /- i 
 
 rents, with a parties then intitled to the rents and profits of the laid 
 namorforfoci- P rem i fes > which perfon fo to be chofen {hall have ; 
 future receiver And the faid S-utnuet Iffand doth hereby fully authorize 
 
 t pay f'ich am j emp OW er fuch receiver fo to be chofen and appoint-* 
 
 rent- in the . , 
 
 f.inie manner ed, toaccountwith and pay unto the faid Thomas Jurner 
 
 astheprefent ^g younger, his executors, administrators, or affigns, 
 
 reded to do, all his the faid Samuel Wand's lhare and intereft of in 
 
 upon thetrufls. an d to fuch rents and profits, in like manner as he the 
 
 faid ohn Wand is hereby authorized and hath cove* 
 
 nanted to do; NEVERTHELESS upon the trufts and 
 
 to and for the ends, intents and purpofes herein before 
 
 mentioned, exprefied and declared of and concerning 
 
 the fame. (Add defeasance on judgment and claufe ofrfi 
 
 demotion.') 
 
 Inwitnefs, &c. 
 
 CHAP.
 
 C 265 i 
 
 CHAP. IX. 
 
 GRANTS OF ANNUITY CHARGED UPON 
 BOTH REAL AND PERSONAL ESTATES, 
 WHERE THE GRANTORS HAVE ONLY 
 A LIFE INTEREST. 
 
 No. XXI. 
 
 GRANT of ANNUITY for the Life of the 
 Grantor ; the Grantor being intitled, un- 
 der a Will, at the Expiration of Three 
 Years from the Tejlators Death, to the Ac- 
 cumulations of his Real and Perfonal FJiatey, 
 and afterwards to the Rents and Profits 
 thereof for his Life. Demifes and A/JignS 
 the fame refpectively to a Trujlee for fccur- 
 ing the Annuity, with a Provifo that the 
 Grantor JJiall not be called upon for Payment 
 of the Annuity until the Expiration of the 
 faid Three Years. 
 
 1 HIS INDENTURE made, &c. between JJohn Partics . 
 
 Brandy of gent, of the firft part; 7^" 
 
 Scott, of gent, of the fecond parti and James 
 
 Mott,
 
 APPENDIX OF PRECEDENTS. 
 
 Jl-fott, of gent, of the third part. WHERE- 
 
 5?S?J AS Thaw r.rand, late of in the county of 
 
 in:;ti'c<I to the gent, in and by his lafl will and tef lament, 
 
 rSator?" in Citing bearing date on or about the 7th day or July, 
 ( i' r - which was in the year of our Lord 1790, executed and 
 SSradofSuca attefted in fuch manner as is by law required, for rcn- 
 from icf- dering valid devifes of real eftates, (after giving feveraJ 
 j^ ades ^ Hj(1 ^.^ ^viCc and bequeath his real dlate 
 wratfoever and whcreibevcr, and of \vhat nature or 
 kind foever, and all the reft, rciidue and remainder of 
 his k?fehokl eflates, goods, monies, flocks, funds, 
 fecurities, and all other h'u. perfonal dtate and effects 
 whatfocver and wherefocver, and of what nature, kind 
 or qu-ality ibever the fame might be, unto and to the 
 
 ufe of his friends Samuel }{ulfe, of and 
 
 Richard Rofe, of (and whom he nominated 
 
 and conftituted, and appointed executors of his faid 
 will) their executors, adminiftrators and affigns re- 
 fpeclively, according to the. nature and quality thereof, 
 abfolutely for ever, UPON TRUQT that they, his 
 faid truftees and executors, or the furvivor of them, his 
 heirs, executors, adminiftrators or affigns, fhould from 
 time to time for and during the fpace or term of three 
 years, to commence and be computed from the day of 
 his deceafe, receive and take the rents, iflucs and pro- 
 fits, interefl, dividends and produce of his faid real 
 and refiduary eftate and effects, as and when the fame 
 fhould from time to time become due and be re 
 ceived, and fhould, after payment or deduction there- 
 out of all ground-rents, taxes, and other outgoings, 
 payable for or in refpel of his faid leafehold eftates, 
 lay out and inveft the clear refidvie of the faid rents, 
 iffues and profits, intereft, dividends and produce, in 
 their own names, in or upon fome of the parliamen- 
 tary flecks or funds, on real or government fecurities, 
 to the end and intent that the faid rents, i flues and 
 profits, intereft, dividends and proceeds, of his faid 
 real and refiduary eftate, might, during the faid fpace 
 or term of three years, accumulate and become an ad- 
 dition to his faid perfonal eftate. And from and after 
 the expiration of the faid three years, THEN UPON 
 
 TRUST
 
 APPENDIX OF PRECEDENTS. 267 
 
 TRUST that they, the faid truftees and executors, or 
 the furvivor of them, his executors, administrators, or 
 affigns, fhould transfer and affign all fuch accumula- 
 tions or ftock, which fhould during the faid three years 
 be purchafed, by or with fuch rents, iffues and profits, 
 intereft, dividends and proceeds as aforelaid, and the 
 fecurities in or upon which the fame fhould be laid 
 cut and inverted, and all benefit and advantage thereof, 
 unto his only fon John Brand, his executors or admi- 
 niftrators, to and for his and their own ufe and benefit 
 abfolutely. AND from and after the expiration of the An( ? sftcrwaT <^ 
 
 f . , * i f. . . r, .. . . * . . - . . ... to therent>:ind 
 
 laid three years, the faid teftator did by his faid Witt profits fut bis 
 <lirect, that they his faid truftees and executors, their ' lfe - 
 heirs, executors, administrators and affigns, mould 
 ftand feize*! and poffefTed of and interefted in his faid 
 real and refiduary eftate and effects, and all benefit 
 and advantage thereof, UPON THE TRUSTS, and 
 to and for the intents and purpofes, and with under 
 and fubjedt to the powers, provifoes and conditions 
 thereinafter expreffed and declared, and in part here- 
 inafter mentioned of and concerning the fame, (that 
 is to fay) UPON TRUST that that they the faid 
 truftees and executors, and the furvivor of them, his 
 executors, administrators or affigns, fhould permit or 
 fuffcr, and fully authorize and empower his faid fon 
 "Jtthn brandy to receive and take the rents, iflues and 
 profits, intereft, dividends and produce, of his faid 
 real and refiduary eftate and effects, for and during the 
 term of his natural life, and from and immediately 
 after the deceafe of his faid fon John Brand, then the 
 faid teftator in and by his faid will, directed that his 
 faid truftees and executors, their heirs, executors, ad- 
 miniftrators and affigns, fhould ftand feized and pof- 
 fefTed of and interefted in his faid real and refiduary ef- 
 tate and effects, UPON THE TRUSTS in his faid 
 will declared concerning the fame. AND WHERE- RecitM of death 
 AS the faid teftator departed this life in or about the '"Vii' 
 
 day of which was in the year of our tors. 
 
 Lord 1793, without revoking or altering his faid will, 
 and upon his deceafe the faid Samuel Hulfe and Richard 
 accepted the trufts and executorfhip of the faid 
 
 will,
 
 APPENDIX OF PRECEDENTS. 
 
 Contrnft for 
 
 aauiuiy. 
 
 will, and have fince duly proved the fame in the Pre- 
 rogative Court of the ArchbHhop of Canterbury. AND 
 WHEREAS the faid James Scott hath contrafted and 
 agreed with the faid Jo&fi Braid for die ahfolute pur- 
 chafe of an annuity, or clear yearly-rent charge, or 
 fum of TOO/, of lawful money of Great Britain , to be 
 paid to the faid James Scott, his executors, adminiftra- 
 tors, and afligns, for and during the natural life of the 
 faid Jofjn Brandy together with fuch proportionable 
 part of the faid annuity as hereinafter mentioned, at or 
 tor the price or fum of 7oo/. out of which it was 
 agreed, that all coils, charges, and expences attending 
 the faid contract, and for preparing and perfecting the 
 feveral fecurities for the fame, and for preparing and 
 inrolling a memorial thereof, fhouid be borne and paid 
 by the faid John Brand. AND WHEREAS it was 
 agreed upon the treaty for the purchafe of the faid an- 
 nuity, or yearly-rent charge, that the fame mould be 
 fecured by the bond or obligation of the faid John 
 Brand) by a warrant of attorney for entering up 
 judgment thereon, and upon the life intereft of him 
 the laid John Brandy in the refidue of the real and 
 perfonal eftates of the faid Edward Brand, to which 
 the laid John Brand is intitled, under and by virtue of 
 the faid will as aforeiaki ; And alfo the rents, iffues, 
 profits, intereft, dividends, and annual proceeds attd 
 accumulations which have arifen or ihall arife there- 
 from during the faid term of three years, to be com- 
 puted from the faid teftator's deceafe, in manner here- 
 inafter mentioned. (Recite the bond and warrant of at* 
 Confidcratior. torney, as in Precedent No. PHI). NOW THIS IN- 
 DENTURE W1TNESSETH, that in further purfu- 
 ance of the faid agreement, and for and in confidera- 
 tion of the fum of 7oo/. of lawful money of Great 
 Britain, by the faid James Scott to the faid John Brand* 
 in hand well and truly paid, at or before the fealing 
 and delivery of thefe prefentsj ' out of which, &c. 
 (State the e.\f>en.es). The receipt, &c. He the faid John 
 Brand hath given, granted, bargained, fold and con- 
 firmed, and by thefe prefents DOTH give, &c. unto 
 the fuid James Scott) his executors, adminiftrators, and 
 I aflins 
 
 Grant of an- 
 nuity.
 
 APPENDIX OF PRECEDENTS. sty 
 
 afllgns, for and during the natural life of him the faid 
 John Brandy one annuity, or clear yearly -rent charge, 
 or fum of zoo/, of lawful money of Great Britain, to bo -jr- 
 be ifluing, payable, and going out of and had, received out of the fre- 
 and taken by him, the laid James Scoff, his executors, j ! ^ 
 adminiftrators, and ailigns, by and out of and from all teiiator. 
 and fmgular the freehold and Jeafehold meffuages, 
 lands, tenements and hereditaments, and real eftate, 
 to which the faid John Brand is intitled for his life, 
 under and by virtue of the faid will of the faid Edward 
 Brand as aforefaid, with their and every of their ap- 
 purtenances, TO HAVE AND TO HOLD, re- 
 ceive, and enjoy the faid annuity, or clear yearly-rent 
 charge, or fum of ioo/, hereby given, granted, and 
 confirmed. (Add grant of annuity , with power of dif~ 
 trefs and entry 5 and covenant to pay annuity as in Pre- 
 cedent No. XXX 7.) AND THIS INDENTURE 
 FURTHER WITNESS LTH, that for the confidera- hold 
 
 tion aforefaid, and for the further and better fecurina truitee for 99 , 
 i r i i i- ' i years, if eraritw 
 
 and enforcing the due payment or the laid annuity, or ihoud folong 
 
 clear yearly-rent charge, or fum of ioo/. hereby granted ^' e > antl t}ie 
 as aforefaid. AND alfo for and in confederation of ' m en:s and in- 
 the fum of roo/. of lawful money of Great Britain, by tercitsm fai<i 
 
 i c t k-/ ri * i n. -.* i T-! 7- i i eltates mould 
 
 the laid James Mott to the laid J9M Brunei, in hand ib long ibuA- 
 well and truly paid, &c. The receipt, &c. He the 
 iaid John Brand HATH granted, bargained, fold, 
 and demifed, and by thefe prefents, DOTH, (at the 
 nomination and by the direction of the faid James 
 Scott, teftified by his being a party to and executing 
 *hefe prefents) grant, bargain, fell and demife, unto 
 the faid James Afot!, his executors, adminiftrators, and 
 affigns, ALL and fingular the laid freehold and leafe- 
 hold lands, tenements and hereditaments, and real cf- 
 tates, hereby charged, or mentioned, or intended to- 
 be charged with the payment of the faid annuity, or 
 yearly-rent charge of ioo/. with their and every of 
 rhei/appurtenances, TO HAVE AND TO HOLD 
 all and fmgular the premifes hereby granted, bargain- 
 ed, fold and demifed, or mentioned or intended fo to be, 
 with their and every of their appurtenances, unto the: 
 laid Ja>ws Mott> his executors, admiaiftrators, ami 
 
 afligns.
 
 270 APPENDIX OF PRECEDENTS. 
 
 affigns, for and during and unto the full end and term 
 of 99 years, to commence and be computed from the 
 date of thefe prefents, and from thence fully to be 
 complete and ended, if he the faid John Brandy fhall 
 fo long live, and the eftates, terms, and interefts of 
 him the faid John Brand, of and in the faid feveral 
 and refpeftive premifes, (hall refpecHvely fo long con- 
 Pponthrtuiftainue. BUT NEVERTHELESS upon the feveral 
 after mention- trufts, and to and for the ends, intents and purpofes, 
 and under and fubjer. to the powers, provifoes, de- 
 clarations and agreements hereinafter declared and ex- 
 prefled of and concerning the fame. AND THIS IN- 
 S C div- DENTURE ALSO WITNESS ETH, that for the 
 dends,and pro- confederations aforefaid, he the faid John Brand, (at 
 nciue' rftSta" & e requeft and by the direction of the 'faid James Scott, 
 tor's perforni teftified as aforefaid) HATH granted, bargained, fold, 
 expiration'of C afllgned, transferred and fet over, and by thefe prefents 
 three years ^ DOTH grant, bargain, fell, aflign, transfer, and fet 
 death!** S over > unto tne feid James Mcit, his executors, admi- 
 niftrators, and affigns, all and every the dividends, in- 
 terefl and produce, which from and after the expiration 
 of three years from the deceafe of the faid Edward 
 Brandy during the natural life of the faid John Brand, 
 fhall accrue anci arife on the refidue or furplus of the 
 perfonal eftate of the faid Edward Brand, to which 
 the faid John Brand is or {hall be intitled for his life, 
 under or by virtue of the faid will of the faid Edward 
 Brand as aforefaid; And alfo the right, title, intereft, 
 property, claim and demand whatfoever, as well legal 
 as equitable, of him the faid John Brand, of in to or 
 out of the fame, every or any part thereof, TO 
 HAVE, HOLD, perceive, take and enjoy the faid 
 intereft, dividends, and annual produce and premifes 
 herein before mentioned, and intended to be hereby 
 affigned unto the faid James Mott, his executors, ad- 
 
 Uponthe tnif.s miniflrators, and affiVns. UPON the trufts and to and 
 
 after mention- c , . ' . 
 
 ed. f r tn e intents and purpofes, and under and lubject to 
 
 the powers, provifoes, declarations and agreement* 
 
 hereinafter mentioned, expretfed and declared of and 
 
 ftd" ,i?cifcd concerni ng Ae fame. AND it is hereby agreed and 
 
 oftheprerr.iic-, before demifed and alligned. 
 
 declared
 
 APPENDIX OF PRECEDENTS. 271 
 
 declared by and between the {aid parties to thefe pre- 
 fents, than he the laid James A-foit, his executors, ad- 
 miniitrators, and affigns, (hall (land and be pofTeffed 
 of and intcrefled in the faid feveral premifes herein be- 
 fore mentioned, and intended to.be hereby demifed, 
 and of the faid interefl, dividends and annual produce, 
 and all and lingular other the premifes herein before 
 
 mentioned, and intended to be hereby afligned, UPON u J> on th treft 
 TT 3 v r nT> TTfT'o j r T- i Biter mentioa- 
 
 HiL IKUhib, and to and tor the intents and pur- e j (that ^ to 
 
 poles, and with under and fubjecl: to the powers, pro- fa >) 
 vifoes, declarations and agreements hereinafter men- 
 tioned, exprefied and declared of and concerning the 
 fame, (that is to fay) UPON TRUST to permit ? n d u P nfru ft^ 
 
 f jr ,- i ^ i -n 7 i t rr permit qrantor 
 
 lutter the laid Jebn frana t and his ailigns, to receive o receive ii. 
 and take the faid rents, iflues and profits of the faid rents of pre- 
 premifes herein before mentioned, and intended to be a m) imeieit, ' 
 hereby demifed, and alfo the faid intereft, dividends, dividends, 
 and annual produce herein before mentioned, and in- default in pay/, 
 tended to be hereby affigned to his and their own ufe me . nt t - 
 and benefit, until ibme default fhall happen to be made nuity ' 
 of or in payment of the faid annuity, or yearly-rent 
 charge, or fum of i oo/. hereby granted, or fome part 
 thereof, at or on the days or times and in manner 
 herein before limited and appointed for the payment 
 thereof as aforefaid. AMD UPON TRUST that in And in cafe 
 cafe the faid annuity, yearly-rent charge, or fum of ^" 
 loo/, or fome part thereof, fhall happen to be behind days, 
 or unpaid by the fpace of forty days next over or after [^ Lf, 
 any of the faid days or times of payment thereof, or gether wit* a 
 whereon the fame is herein before limited and appoint- cofts ' Stc< 
 ed, and ought to be paid as aforefaid, (being lawfully 
 demanded) then and fo often the faid James Mott^ his 
 executors, adminiftrators, and afligns, fhall from timq 
 to time by and out of the faid intereft, dividends, and 
 annual produce herein before mentioned, and intended 
 to be hereby afligncdj and by and out of the rents, 
 ifTues and profits of the faid premifes herein before 
 mentioned, and intended to be hereby demifed, or 
 by demifing, leafing, or mortgaging the faid pre- 
 mifes herein before mentioned, and intended to 
 be hereby demifed, for and during all or any 
 part of the faid term of 99 years, detcrminable as 
 
 heroin.
 
 APPENDIX OF PRECEDENTS. 
 
 herein before mentioned, or by fuch other ways afitt 
 means as to him the faid Jam s Mott y his executors, ad- 
 miniflrators, or aifigns fhall feem meet, raiie and levy 
 fuch fum and fums of money as will be fufficient to pay 
 and fatisfy the faid annuity, or clear yearly fum of ioo/. 
 or fo much thereof as mail from time to time happen to 
 be in arrear and unpaid ; And alfo all fuch fum and fums 
 of money, lofs, coils, charges and expences, (if any) as 
 they the faid James Scott and James Mott, or either of 
 them, their or either of their executors, adminiftrators, 
 or afligns, fhall pay, fuftain, expend or be put unto, 
 for or by reafon or means of the non-payment of the 
 faid annuity, or clear yearly fum of ioo/. or any part 
 thereof, at or on the days and times and in the man- 
 ner herein before exprefied or appointed for the pay- 
 ment of the fame, or the performance of the trufts 
 hereby declared or exprefled, of and concerning the 
 faid premifes herein before mentioned, and intended 
 to be hereby demifed and afligned refpeclively, or the 
 taking pofieifion and collecting and receiving the faid 
 rents, iflues and profits, intereft, dividends and annual 
 produce, or otherwife howfoever relating thereto, 
 and fnall and do pay and apply the monies fo to be 
 
 And permit raifed and levied in or towards payment and fatisfac- 
 
 cdve overplus t * on tnere f accordingly } And fhall and do pay to or 
 otherwife permit and fufFer the faid John Brandy and 
 his afligns, from time to time to receive and take the 
 refidue or furplus of the rents, iffues and profits, of 
 the faid hereby demifed premifes, and alfo of the faid 
 intereft, dividends and annual produce, hereby afiigri- 
 ed, after full payment and fatifa&ion of the faid an- 
 nuity, or yearly-rent charge of ioo/. and all arrears 
 
 Alignment nf thereof, and all fuch cofts, charges, damages and ex- 
 wdurine 13 " P cnces as aforefaid, to and for his and their own proper 
 
 hefeaceo? ufe and benefit. AND THIS INDENTURE FUR- 
 THER : WITNESSETH, that for the confiderations 
 aforefaid, he the faid John Brand (at the requcft and 
 by .the direction of the faid James Scott, teftified as 
 aforefaid) HATH granted, bargained, fold, afligned, 
 transferred and fet over, and by thefe prefents DOTH 
 grant, bargain, fell, aflign, transfer and fet over, unto 
 the faid Jame> Mott, his executors, adminiftrators, and 
 
 afligns,
 
 APPENDIX OF PRECEDENTS. 
 
 fifilgns, ALL and every the dividends, intereft and 
 produce, and accumulations which have arifen from 
 the deceafe of the faid Edward Brandy and which 
 from time to time and at any time or times, during 
 the term of three years from the deceafe of the faid 
 Edward Bran-ly fhall accrue or arife and accumulate 
 from the faid real and refiduary eftates of the faid Ed- 
 ivard Brandy and all the right, title, intereft, proper- 
 ty, claim and demand whatfoever, as well legal as 
 equitable, of him the faid John Brandy of in to or out 
 of the fame premifes, every or any part thereof, TO 
 HAVE AND TO HOLD, receive, perceive, take 
 and enjoy the faid rents, iflues and profits, intereft, 
 dividends, and annual produce and accumulations, and 
 premifes laft herein before mentioned, and intended to 
 be hereby afligned unto the faid James Motty his ex- 
 ecutors, adminiftrators, and afligns, UPON THE upon truft to 
 TRUSTS neverthelefs, and to and for the ends, in- receive the 
 tents and purpofes, and under and fubjer. to the pro- 
 vifoes, declarations and agreements hereinafter ex- 
 prefied and declared, of and concerning the fame (that 
 is to fay) UPON TRUST to receive the fame, and And thereout 
 thereout to pay unto the faid James Scotty his executors. to P P a y arrea 
 
 , /> r ' j /r 11 /T % i- i of annuity ur 
 
 administrators, and aihgns, all arrears (it any) which any) with 
 fhall at the time the fame (hall be received, have ac- colts &c< 
 crued upon the faid annuity, or yearly fum of ioo/. 
 and all fuch turn and fums of money, lofs, cofts, 
 charges, damages and expences, (if any) as they, the 
 faid James Scott and James Motty or either of them, 
 their or either of their executors, administrators, or 
 afligns, {hall pay, fuftain, expend or be put unto for 
 or by reafon or means of the non-payment of the faid 
 annuity, or clear yearly fum of ioo/. or any part there- 
 of, at or on the days and times and in the manner 
 herein before exprefied or appointed for the payment 
 of the fame, or the performance of the trufts hereby And refidue to 
 created or declared; And do and {hall pay the refidue S rantyr - 
 (if any) of the faid monies and premifes laft hereby af- 
 figned, after payment and difcharge of the feveral fums 
 of money, cofts, charges and expences herein before 
 dire&ed to be paid thereout unto the faid John Krar.d, 
 
 T his
 
 
 Power of artnr 
 ney torcn.-]- c 
 the renf.- .unl 
 intereltof de- 
 mil'cd and af- 
 ligned pre- 
 nnles. 
 
 Covenant that 
 grantor hath 
 done no adt to 
 incumber. 
 
 APPENDIX OF PRECEDENTS. 
 
 his executors, adminiftrators, or afligns. AND for 
 the confiderations aforefaid, and the better to enable 
 the laid James Mott y his executors, adminiftrators, 
 and alTigus, to recover and receive the faid intereft, 
 dividends, and annual produce and premifes, rents, 
 iffucs and profits, and accumulations mentioned to be 
 hereby afiknied as aforefaid, he the faid John Brandy 
 HATH made, ordained, conftituted and appointed, 
 and by thefe prefents DOTH make, ordain, confti- 
 tute and appoint the faid "James Motty his executors, 
 adminiftrators, and afligns, and every of them his 
 true and lawful attorney and attornies for him the faid 
 "John Brand> and in his name or in the name or names 
 of him the faid James Matt, his executors, adminiftra- 
 tors, or afligns, but upon the trufts herein before men- 
 tioned, to afk, demand, fue for, recover and receive, 
 of and from all and every or any pcrfon or perfons, 
 liable or intruded to pay the fame, the faid rents, if- 
 fues and profits, and accumulations and premifes men- 
 tioned to be hereby demited, and the intereft, dividends, 
 nnd annual produce and proceeds mentioned to be hereby 
 afligned, or any part or parts thereof; And from time 
 to time upon receipt thereof, or of any part or parts 
 thereof, receipts, acquittances, or other fufficient dif- 
 charges for the fame, or any part thereof, to make, 
 fign, feal and deliver ; and further to do and execute 
 all and every other at and ats requifite or expedient 
 for effecting the premifes, as fully and effectually to 
 all intents and purpofes as he the faid John Brand 
 might or could have done in his own proper perfon, if 
 thefe prefents had not been made. AND the faid 
 John Brandy for himfelf, his heirs, executors, and ad- 
 miniftrators, doth covenant, promife, declare and 
 agree to and with the faid James Motty his executors, 
 adminiftrators, and afligns, by thefe prefents, in man- 
 ner following, (that is fo fay) That he the faid John 
 Brand, hath not at any time heretofore made, done, 
 or committed, or wittingly, or willingly permitted or 
 fuffered to be done, any at, deed, matter or thing 
 whatfoever, whereby, wherewith, or by reafon or 
 
 means
 
 APPENDIX OF PRECEDENTS. 
 
 means whereof the faid feveral premifes herein before 
 mentioned, and intended to be hereby demifed and af- 
 figned refpeftively, or any of them, or any part thereof 
 refpeftively, are is can fhall or may be afligned, af- 
 feftdd, charged, furrendered, deftroyed, or incum- 
 bered in title, intereft, charge, eftate, or otherwife 
 howfoever. AND FURTHER, that he the faid And that he 
 John Brandy his executors or adminiftrators, {hall and whaurudee 
 will at all times hereafter, juftify and allow, ratify ^ail do by vir- 
 and confirm, all and whatfoever the faid James Mott, S^fetd! t ft 
 his executors, adminiftrators, and affigns, fhall law- 
 fully do or caufe to be done in or about the premifes, 
 arid fhall not nor will revoke or make void all or any of 
 the powers or authorities hereby given, or in purfu- 
 ance hereof to be given to the faid 'James Mott y his 
 executors, adminiftrators, or affigns, or do any aft 
 whereby the recovery or receipt of the faid rents, if- 
 fues and profits, intereft, dividends, and annual pro- 
 ceeds and accumulations herein before mentioned, and 
 intended to be hereby afligned, may be impeded or de- 
 layed*. AND MOREOVER, that he the faid John And for fur- 
 Brandy and all and every perfons and perfon, having ther aflurance * 
 or lawfully claiming, or who mall or may have, or 
 lawfully claim any eftate, tight, title, or intereft, at 
 law or in equity, of in or unto or out of the faid pre- 
 mifes herein before mentioned, and intended to be 
 hereby demifed and afligned refpeftively, or any part 
 thereof refpeftively, fhall and will from time to time 
 and at all times hereafter, during the natural life of 
 the faid John Brandy upon every reafonable requeft of 
 the faid James Mott, his executors, adminiftrators, 
 and affigns, but at the proper cofts and charges in the 
 law of the faid John Brandy make, do and execute, or 
 caufe and procure to be made, done and executed, all 
 and every fuch further and other lawful and reafonable 
 aft and afts, thing and things, devices, conveyances, 
 demifes, affignments, and affu ranees in the law what- 
 foever, as well for the better, more perfectly and ab- 
 folutely, giving, granting, and confirming the faid 
 annuity, or clear yearly rent-charge, or fum of loo/. 
 hereby granted untp the faid Jame: Stott, his execu- 
 
 T 2 tors,
 
 APPENDIX OF PRECEDENTS. 
 
 tors, adminiftrators, and afligns, in manner aforefaid, 
 as for the further, better, and more effectually grant- 
 ing, demifmg, and affigning the faid feveral premifes 
 hereby demifed and affigned refpeftively, or exprefled* 
 or intended fo to be, unto the faid James Mott, his 
 executors, adminiftrators, and affigns, in manner and 
 upon the trufts and to and for the intents and pur- 
 pofes, and under and fubjeft to the provifoes, declara- 
 tions and agreements herein declared, or exprefled of 
 or concerning the fame, as by the faid James Scott and 
 James Mott, or either of them, their or either of their 
 executors, adminiftrators, or affigns, or their or either 
 or any of their counfel learned in the law fliall be rea- 
 fonably advifed, devifed and required. ( ' /idd defeasance on 
 tiiat the judgment). PROVIDED ALWAYS, and it is here- 
 by agreed and declared by and between the faid parties 
 upon to pay an- to thefe prefents, that notwithftanding any of the trufts, 
 tJie'ex^radorT powers and authorities herein contained, the faid John 
 of thiee years Brand fhall not be called upon or compelled to pay the 
 ofteftator. ^ * ^ a ^ annuity, or yearly fum of i oo/. or any of the ar- 
 rears thereof, unlefs he fhall think proper fo to do, 
 until the expiration of three years from the death of the 
 faid Edward Brand, if he the faid John Brand, fliall fo 
 nglive. PROVIDED ALSO, that nothing in the 
 contained ihaii provifo laft herein before contained, fhall prevent the 
 Infri/'eiutTi'iKr 6 f a icl James Scott, his executors, adminiftrators, or af- 
 up judgment or gn$, from immediately entering up the faid judgment, 
 EiTtuiftee'iVorn or P rev ent the faid James Scott or James Mott, or 
 receiving by either of them, their or either of their executors, ad- 
 ritSes^n arrears niiniftrators, or affigns, from raifmg or recovering by 
 of annuity at virtue of^>r under the faid feveral fccunties, or any of 
 grantor* before . tnem > a ^ arrears of the faid annuity, or yearly fum of 
 the expiration .joo/. which may have accrued at the deceafe of the 
 from the teita- ^ a ^ Jh Brand, in the event of his departing this 
 tor's death, or life before the expiration of the faid term of three 
 grantor ail ar 3 - m y ears ^ rom the deceafe of the faid Edward Brand, or 
 rears accrued at from recovering from the faid John Brand, his heirs, 
 cHa" r three n - executor s, adminiftrators, or affigns, all arrears of the 
 years, in the faid annuity, or yearly fum of ioo/. which may have 
 tOTft'rvmng" accrue( ^ at tne expiration of the faid term of three years, 
 the aid tenn. from the deceafc of the faij Edward Bran d, in tl^e 
 
 event
 
 APPENDIX OF PRECEDENTS: 577 
 
 event of the faid 'John Brand's furviving the fame term. 
 {Add claufe for redemption , on payment of half a year's 
 annuity.} Shall and will, at the proper cofts and charges Conciufion to 
 in the law of him the faid John brand, deliver up the 
 faid bond to the faid John Brand to be cancelled, and 
 acknowledge, or caufe fatisfadlion to be acknowledged 
 on the record of the faid judgment, that {hall be en- 
 tered up by virtue of the faid warrant of attorney, 
 and then and in fuch cafe the faid annuity, yearly 
 rent-charge, or fum of loo/, and the powers and re- 
 medies hereby given for recovering the fame and en^ 
 forcing the payment thereof, and the trufts herein be- 
 fore declared for fecuring the fame. And alfo the faid 
 term of 99 years determinable as aforefaid, {hall ceafe, 
 determine and be void, t and the faid feveral premifes 
 herein before mentioned, and intended to be hereby 
 afligned, or fo much thereof as {hall not then have 
 been applied and difpofed of upon fhe trufts aforefaid, 
 {hall be re-afligned unto the faid John Brand, any thing 
 herein contained to the contrary thereof in any wife 
 notwithftanding. 
 
 In witnefs, &c. 
 
 No.
 
 
 APPENDIX OF PRECEDENTS. 
 
 No. XXII. 
 
 GRANT of ANNUITY during the Life of 
 Grantor, and a Demife of Freehold Prc- 
 mifcs, of which the Grantor is feifedfor his 
 
 ' Life, in Reverfion expeclant on the, Deceafe 
 of his IVifes Mother ; And an alignment 
 of Leafeholds, of which he is abfohitely in- 
 t it led in right of his Wife ; And alfo of 
 Dividends to which he is intitledfor his Life, 
 
 . and of other Dividends to which he is in- 
 titled in expectancy upon the Deceafe of his 
 JTif'e's Mother : To a Tntftee upon Trtift, 
 to raife and pay the Annuity, and contain- 
 ing Directions to the Tniftees, under, the 
 Settlement, not to fell or vary the Securities 
 without the Confent of the Grantor. 
 
 Panics. THIS INDENTURE TRIPARTITE, made, 
 
 &c. between John Scutt, of, Efq. of the firft part, 
 
 'James Short, of - Efq. of the fecond part, 
 
 and James Merry, of - - gent, of the third 
 
 Se a fei" ai "P art - W HEREAS, by Indenture of Settlement of four 
 
 mVnt, whereby parts, bearing date on or about the - day of- 
 
 "', s -.? r j n !" ris anc * rnadeor exprefled to be made, between E. P. the 
 
 i milled to cer- ,, r .. . '. - ,.,. D c , 
 
 tain dividends doer or - widow, and relidt or H. Jr, or the 
 and annuities f arne place, Efq. her late hufband deceafed, and E. P. 
 
 for his !ife ; and i r 7- i r j 
 
 tr> furtiier dr. > the younger, of the lame place, fpmfter, the daughter 
 
 ri-attofh ' 
 
 xvirVsm(ther ; & ?' deceafed (which fatd E. P. the elder, and E. 
 aiidaUottie P. the younger, are devifees and legatees named in 
 msof a" free- ' the laft wil1 an ^ teftament of the faid H. P.] of the 
 
 'J eftate on the death of his wife's mother, under which the truftees are empow- 
 dtodsfpcieof the principal fums and eftates, and put out Che money upon other fecu- 
 ritietinEngUmd or Ireland. 
 
 firft
 
 APPENDIX OF PRECEDENTS. 
 
 firft part, the faid John Scutt^ by the defcription of 
 
 John Stutt) of Efq. (only fon and heir at 
 
 law of John Scutt^ late of aforefaid, Efq. 
 
 his late father deceafed) of the fecond part, T. L. of 
 s merchant, and L. L. of mer- 
 chant of the third part, Sir H, M. of Bart. 
 
 Sir 7. B. D. of Knt. The Reverend R. 
 
 K. of clerk, J. W, of . Efq. and 
 
 T. M. of of the fourth part, RECITING that a 
 
 marriage was intended to be had and folemnized be- 
 tween the faid E. P. the younger, and'Jobn Scutt. AND 
 RECITING, that upon the treaty for the faid in- 
 tended marriage, and in profpecH: and confideration of 
 the fame, and of a provifion or jointure agreed to 
 be made by the faid John Scutt on the faid E. P. the 
 younger his intended wife, in cafe the faid intended 
 marriage mould take effeci: ; and the faid E. P. the 
 younger, mould him furvive ; It was agreed, between 
 the faid E, P. the elder, E. P. the younger, and 
 John Scutt , that the feveral flocks, funds, and an- 
 nuities, and the real eftates therein and hereinafter 
 mentioned of the faid E. P. the elder, and E. P. the 
 younger, mould be affigned and transferred, conveyed 
 and allured to the faid Sir //. M.. &c. their heirs, ex- 
 ecutors, adminiftrators, and afsigns, upon the trufts, and 
 to and for the feveral ufes, ends, intents, and purposes, 
 and under and fubjecl: to the powers, prov.ifpes, limi- 
 tations, and agreements thereinafter mentioned, ex- 
 prefled, limited, and declared, of and concerning the 
 fame. AND RECITING, That the faid E. P. the 
 elder, purfuant to the agreement therein before men- 
 tioned, had on or before the day of the date thereof, 
 affigned and transferred, or caufed to be affigned and 
 transferred, unto the faid Sir H. M. &c. the fum of 
 6oo/. capital ftock, in the 3 per cent, reduced Bank 
 annuities, in the books of the, governor and company 
 of the bank of England. AND~ RECITING, That 
 the faid E. P. the elder, and E. P. tho younger, for 
 the confiderations aforefaid, had alfo affigned and trans- 
 ferred, or caufed to be affigned and transferred, unto 
 the faid Sir H. M. &c. the fum of fooo/. capital 
 itock, in the faid 3 per cent, reduced .annuities. 
 T 4 AND
 
 APPENDIX OF PRECEDENTS. 
 
 AND RECITING, That the faid E. P. the younger, 
 for the'likeconfiderations, had aff.gned and transferred, 
 or caufed to be afligned and transferred, unto the faid 
 Sir H. M. &c. the fum of 3oo/. capital ftock, in the 
 3 per cent, confolidated Bank annuities, and the fum of 
 6oo/. capital ftock in the 4. per cent, confolidated Bank 
 annuities, IT IS WITNESSED, That for and in 
 confideration of the faid intended marriage, and of a 
 fettlement or jointure made by the faid John Scutt^ by 
 indenture of releafe or fettlement, bearing even date 
 therewith, on and for the faid E. P. the younger, in 
 cafe the faid intended marriage fhould take effedl:, and 
 fhe mould furvive the faid John Scutt^ her intended 
 hufband, and for making a further provifion for her 
 fupport and maintenance, and for making a provifion 
 for the younger fons and the daughters of the faid in- 
 tended marriage, in cafe any luch there fhould be. 
 IT is thereby declared and agreed, by and between 
 the faid parties, That the faid feveral fums of 6ooo/. 
 &c. was fo transferred unto the faid Sir H. M. &c. 
 IN TRUST for the faid E. P. the elder, and E. P. 
 the younger, refpe&ively, according and in propor- 
 tion to their feveral interefts therein, at, or immedi- 
 ately before the time fuch transfers were refpectively 
 made, until the faid intended marriage fhould be had 
 and folemnized ; AND from and immediately after 
 the folemnization thereof, then upon fuch trufts, and 
 to and for fuch intents and purpofes, and under and 
 fubjeft to fuch provifoes and agreements as are therein 
 mentioned, expreffed and declared, of and concerning 
 the fame (that is to fay) IN TRUST, that they, the 
 faid Sir H. M. &c. or fuch other truftees in whom 
 the trufts thereinafter declared, of and concerning the 
 faid trufts, ftocks, and funds, fhould or might for the 
 time being devolve by virtue of the provifo in that 
 behalf thereinafter contained, and the furvivor of 
 them, his executors and adminiftrators, fhould and 
 did permit and fuffer, and fully authorize and em- 
 power the faid E. P. the elder, and her afligns, to 
 receive and take the clear yearly dividends, intereft 
 and produce of the faid 50oo/, and 6oo/. 3 per cent, 
 .reduced Bank annuities, to and for her and their own 
 
 ufe
 
 APPENDIX OF PRECEDENTS. 
 
 life and benefit, for and during the term of her natu- 
 ral life, and from and after her deceafe UPON 
 TRUST, to permit and fuffer the faid John Scutt^ 
 and his affigns, to receive and take the clear yearly 
 dividends, intereft, and produce of the faid laft men- 
 tioned flocks and funds, to and for his and their own 
 life and benefit, for and during the term of his natural 
 life, and from and immediately after his deceafe 
 UPON TRUST, and to and for the benefit and 
 advantage of the faid E. P. the younger, and the iffueof 
 the faid intended marriage, in manner therein particu- 
 larly mentioned and expreffed. AND as to the faid feve- 
 ral fums of 30007. and 6oo/. 4 per cent, confolidated 
 Bank annuities, from and after the folemnization of the 
 faid intended marriage UPON TRUST, that they 
 the faid Sir H. M. &c. or fuch other truftees as 
 aforefaid, and the furvivor of them, his executors, and 
 adminiftrators, fliould, and did permit and fuffer, and 
 fully authorize and empower the faid 'Jchn Scnlt^ and 
 his affigns, to receive and take the clear yearly divi- 
 dends, intereft, and profits thereof, to and for his and 
 their own ufe and benefit, for and during the term of 
 his natural life, and from and immediately after his 
 deceafe UPON TRUST, and to and for the benefit and 
 advantage of the faid E. P. the younger, and the iffue 
 of the faid intended marriage, in manner therein par~ 
 ticularly mentioned. AND RECITING, That the 
 faid E. P. the younger, by virtue of, and under the 
 faid will of the faid H. P. or the faid Sir J. B. D. 
 T. L. and L. L. as truftees and executors of the faid 
 will IN TRUST, for her the faid E. P. the 
 younger, is, or are intitled to one annuity, or yearly 
 fum of I oo/. during her natural life, payable by two 
 equal half yearly payments at his Majefly's Exche- 
 quer, by the proper officer or officers there, under a 
 
 certain inftrament or order, dated the day of 
 
 . made to the faid H, P. and iigned by three 
 
 of the Lords Commifsioners of his Majefty's Treafuiy 
 for the confiderations therein mentioned. AND 
 ALSO RECITING, That the faid E. P. the 
 younger, by virtue of the faid will of the faid H. P. 
 as aforefaid, or the faid Sir J. B. Z>., T. /,, and 
 
 L.L.
 
 2 8z. APPENDIX OF PRECEDENTS. 
 
 L. L. IN TRUST for her, under the faid will, is or 
 are intitled to one other annuity, or yearly fum of 
 ioo/. in the confolidated annuities for twenty-eight 
 years, from the 5th day of January, 1780, payable 
 half yearly at the Bank of England. AND ALSO 
 RECITING, That the faid Sir ;/. B. IX, T. L. and 
 L. L. had on or before the day of the date thereof, 
 at the requeft of the faid E. P. the younger, affigned 
 and transferred, or caufed to be afligned and trans- 
 ferred, unto the faid Sir H. M, &c. the feveral an- 
 nuities of ioo/. and ioo/. before mentioned, in the 
 refpe&ive books at the office of the Exchequer, and 
 of the Governor and Company of the Bank of Eng- 
 gland, kept for that purpofe. IT IS FURTHER 
 WITNESSED, That for the confiderations afore- 
 faid, It is thereby declared and agreed, by and between 
 all the faid parties thereto, that the faid two feveral 
 annuities, or yearly fums of joo/. and ioo/. are and 
 were fo transferred unto them the faid Sir H. M. 
 &c. IN TRUST, that they the faid Sir H. M. &c. 
 or fuch other Truftees asaforefaid, and the furvivor of 
 them, his executors and adminiftrators, mail and do 
 from thenceforth ftand poflefled of the faid two feveral 
 annuities, or yearly fums of ioo/. and ioo/. during 
 the continuance thereof, refpe&ively, IN TRUST 
 for the faid E. P. the younger, and her affigns, until 
 the folemnization of the faid intended marriage; and 
 from and after the folemnization thereof THEN 
 UPON TRUST, to permit and fuffer the faid John 
 Scutt, and his affigns, to have, receive, and take the 
 faid feveral annuities, or yearly fums of ioo/. and ioo/. 
 and every part thereof, by equal half yearly payments, 
 as the fame fhould become due, and payable to and for 
 his own ufe and benefit during his life, or for fo long 
 time as the fame fhould refpe&ively continue and be 
 payable. AND IT IS THEREBY PROVIDED, 
 declared and agreed, That from and after the foleiru 
 nization of the faid intended marriage, it fhould, and 
 might be lawful to and for the faid Sir H. M. &c. or 
 fuch other truftees as aforefaid, or the furvivor of 
 them, his executors or adminiftrators, from time to 
 time, and at all times during the lives of the faid E. 
 
 4 P. the
 
 APPENDIX OF PRECEDENTS. 283 
 
 P. the elder, John Scutt and E. P. the younger, his 
 intended wife, and the lives or life of the furvivor or 
 furvivors of them, by and with the confent and ap- 
 probation of fuch of them, or the furvivors or furvivor 
 of them, as fhould have any intereft in, or benefit arifing 
 from the flocks or funds aforefaid, teftified in writing, 
 under his, her, or their hand or hands, to fell and dif- 
 pofe of the faid capital fums of 6ooo/. &c. and the faid 
 two feveral annuities of ioo/. and ioo/ or any part 
 thereof, and to lend, place out, or invert the monies 
 thereby arifing, or any part thereof, in the purchafe 
 of any other government or parliamentary flocks, 
 or funds, eflablifhed by law in England or Ireland^ 
 or upon the fecurity of any real eflates in England or 
 Ireland^ either of inheritance or held for lives, with 
 a covenant for perpetual renewal, and from time to 
 time, to call, receive, and take in the monies fo to be 
 lent or placed out on fecurities aforefaid, or to fell 
 and difpofe of flocks, funds, or fecurities fo to be 
 purchafed as aforefaid, or any part thereof, in manner 
 before mentioned, as often as they fhall think fit with 
 fuch confent and approbation as aforefaid. AND 
 'ALSO RECITING, That the faid E. P. the elder, 
 and E. P. the younger, or the faid Sir J. B. D. 
 &c. as devifees in truft for the faid E. P. the 
 elder, and E. P. the younger, under the faid will of 
 the faid H. P. deceafed, were feized of, and intitled 
 unto the feveral mefTuages or tenements, and farm 
 lands and hereditaments therein and hereinafter de- 
 fcribed. AND that the faid E. P. the elder, and E. P. 
 the younger, had requefled the faid Sir y. B. D. &c. 
 to convey and aflure the fame hereditaments and prc- 
 mifes unto the faid Sir H. M., himfelf the faid Sir 
 J. B. D., R. K. y J. W. y and T. M. ? their heirs and 
 alsigns, upon the trufls and for the intents and pur- 
 pofes thereinafter mentioned, IT IS FURTHER 
 WITNESSED, That for the confiderations afore- 
 faid, and alfo in confederation ot th? fum of 105. a-piece 
 to each of them the faid Sir J. B. .>., 7'. ., and 
 L. L. paid by the faid Sir H. M., R. #., J. W., 
 and T. M.> they the faid Sir. J. B. Z>., &c. and alfo 
 
 they
 
 284 APPENDIX OF PRECEDENTS. 
 
 they the faid E. P. the elder and E. P. the younger, DID 
 (by and with the privity, confent and approbation of 
 the faid John Scutt teftified as therein mentioned) grant, 
 bargain f fell, alien, releafe, and confirm unto the faid 
 Sir H. M., &c. and to their heirs and afsigns, all 
 and fmgular the meffuages or tenements, farm, lands, 
 hereditaments, and premifes therein and hereinafter 
 particularly mentioned and defcribed, and intended to 
 be hereby granted and releafed, TO HOLD the fame, 
 unto the faid Sir H. M, &c. their heirs and afsigns, 
 to the ufe and behoof of the faid Sir H. M. Sir J. B. 
 > R. #., J. W., and T. M. y and their heirs and 
 afsigns for ever, UPON THE TRUSTS, and for 
 the intents and purpofes therein and hereinafter men* 
 tioned, (that is to fay) until the faid intended mar- 
 riage fhould be had and folemnized between the faid 
 John Scutt and E. P. the younger, IN TRUST for 
 fuch perfons as were intitled to the fajd meffuages, &c. 
 under and by virtue of the faid laft will of the faid H. 
 P. deceafed according to their feveral and refpec~bive 
 eftates and intereft therein, and from and immediately 
 after the folemnjzation of the faid intended marriage, 
 IN TRUST that they the faid Sir H. M., &c. or 
 the furvivors or furvivor of them, pr his heirs, (hould 
 and did with all convenient fpeed by and with the con- 
 fent and approbation of the faid . P. the elder, E. 
 P. the younger, and John Scutt, or the furvivors or 
 furvivor of them, to be teftified by writing under 
 their hands and feals, or his or her hand and feal, tp 
 fell and difpofe of and convey the faid feveral mef- 
 fuages, &c. thereby granted and releafed, and every 
 part and parcel thereof, with their and every of their 
 appurtenances, either together or in parcels, 'unto any 
 perfon or perlbns, and his her and their heirs and 
 affigns, for the beft price and prices that could be 
 reafonably gotten or obtained for the fame. AND it 
 is thereby declared and agreed, That all and every furn 
 and fmns of money arifing by fuch fale or fales ihould 
 be paid into the hands of the faid Sir H. M., &c. or 
 the furvivors or furvivor of them, or the heirs of fuch 
 furvivor, and fhould be by them or him laid out and 
 
 invefted
 
 APPENDIX OF PRECEDENTS. 285 
 
 invefled in their or his names or name in the purchafe 
 or purchafes of fome of the public ftocks or funds 
 eftablifhed by law in England or Ireland, or upon the 
 fecurity of fome real eftate in England or Ireland either 
 of inheritance or held for lives with a covenant for 
 perpetual renewal, upon under and for fuch and the 
 lame trufts, ends, intents, and purpofes, and fubjeft to 
 fuch powers, reftri&ions, and limitations as are there- 
 in mentioned, exprefTed, limited and declared of and 
 concerning the faid fums of 6ooo/. and 5ooo/. capital 
 flock in the faid 3 per cent, reduced Bank annuities, 
 or for and upon fuch and fo many of the trufts, ends, 
 intents, and purpofes as (hould be thereof at the time 
 of fuch refpeclive fale or fales fubfifting, undetermined, 
 and capable of taking effect, and in the mean time, 
 and until fuch fale or fales, IN TRUST that the 
 rents and profits of the faid mefluages, &c. fhould 
 from time to time as the fame {hould become due and 
 payable be paid to or received by the perfon or perfons 
 who fhould fur the time being be intitled to the divi- 
 dends, intereft and produce of the faid fums of 6oQO/. 
 and 500O/. 3 per cent, reduced Bank annuities under 
 the trufts therein contained, As in and by the faid re- 
 cited indenture, reference being thereunto had, may more 
 fully and at large appear. AND WHEREAS the laid 
 marriage was foon after the date and execution of the 
 faid indenture of fettlcment had and folemnized be- 
 tween the faid 'John Scutt and E. P. the younger, 
 AND WHEREAS the faid John Scutt in right of his Recltalthat 
 faid wife is under and by virtue of the faid laft will grantor is Hke- 
 and teftament of the faid' //. P. deceafed, poflefled of w f ife P'^d 
 
 .... . , i i i n- * a ce rtam 
 
 or well intitled unto a certain lealehold meliuage or le.ifehoid ef- 
 
 tenement, and premife-s fituate lying and being at 1 . 3 .' 6 'nng 
 L ro^rr-j-i. his wife. 
 
 . in the county of burry aforefaid m the 
 
 tenure or occupation of his under-tenants or 
 
 affigns; AND WHEREAS the faid James Short Contraft 
 hath contracted and agreed with the faid John Scutt annuity, 
 for the purchafe of one annuity or clear yearly fum of 
 30O/. to be paid and payable to him the faid James 
 Shorty his executors adminiftrators and afligns, for 
 and during the natural life of him the faid John
 
 APPENDIX OF PRECEDENTS. 
 
 at or for the price or fum of 2ioo/. out of .which it 
 was agreed that all cofts, charges, and expences at- 
 tending the faid contract, and for preparing and per- 
 fecting the feveral fecuritics for the fame, and for pre- 
 paring and inrolling a memorial thereof, fhould be 
 borne and paid by the faid John Scutt. AND 
 WHEREAS upon the treaty for the purchafe of the 
 faid annuity or yearly fum of 3OO/. it was agreed be- 
 tween the faid 'John Scutt and panics Short that for 
 the more effectually fecuring the payment thereof unto 
 the faid Jaines Sbort^ his executors, adminiftrators ar.cl 
 affigns all thofe the faid feveral mefiuages or tene- 
 ment?, lands, hereditaments, and premifes fituate in 
 
 the feveral parities of and in the 
 
 faid county of Kent fubjecl; to the eitate for life of the 
 faid E. P. the elder therein, and to which he the faid 
 John Scutt is under and by virtue of the faid herein- 
 before in part recited indenture of fettlement intided 
 unto for his life from and after the deceafe of the faid 
 E. P. the elder, and alfo all that mefTuage or tenement, 
 
 and premifes fituate at in the faid county of 
 
 Surry, to which he the faid John Scutt is intitled unto 
 in right of his faid wife under and by virtue of the faid 
 will of the faid H. P. deceafed, fhould be refpe&ively 
 clemifed and afligned unto the faid James Merry, his 
 executors, adminiftrators and affigns, UPON THE 
 TRUSTS, and to and for the intents and purpofes 
 hereinafter mentioned, expreffed, and declared of and 
 concerning the fame. AND it was likewife agreed 
 by and between the faid John Scutt and James Short, 
 That for the further fecuring the due and punctual 
 payment of the faid annuity or clear yearly fum of 
 3OO/. unto the faid James Short, his executors, 
 adminiftrators, and afTigns, for and during the natural 
 life of the faid John Scutt, all the intereft, dividends, 
 and annual proceeds arifing and to be produced from 
 the faid feveral fums of 3OOO/. 3 per cent, confolidated 
 Bank annuities, and 6oo/. 4. per cent, confoiidated 
 Bank annuities, and alfo the faid two feveral annuities 
 of fool, and ioo/. to which he the faid John Scutt is 
 intitled for his life under and by virtue of the faid 
 
 herein-
 
 APPENDIX OF PRECEDENTS. 287 
 
 hereinbefore in part recited indenture of fettlement as 
 aforefaid, and likewife all and every -the dividends, 
 intereft, and annual produce of the faid two feveral 
 fums of 5OOO/. and 6oo/. 3 per cent, reduced Bank an- 
 nuities, to which he the faid John Scutt will become 
 intitled unto for his life from and after the deceafe of 
 the faid . P. the elder, under and by virtue of the 
 laid hereinbefore in part recited indenture of fettle- 
 ment as aforefaid, fhould be aligned unto the faid 
 James Shorty his executors, admimftrators and affigns, 
 UPON THE TRUSTS, and to and for the intents 
 and purpofes hereinafter mentioned, exprefled, and de- 
 clared of and concerning the fame. (Recite the bond 
 and -warrant of attorney y as in Precedent No. VIII.) 
 NOW THIS INDENTURE WITNESSETH, Confiaeratioa, 
 That in purfuance of the faid agreement, and for and 
 in confideration of the fum of 2ioo/. of lawful money 
 of Great Britain by the faid James Short in his own 
 proper perfon to the faid John Scutt in his own. proper 
 perfon in. hand well and truly paid at or before the ex- 
 ecution of thefe prefents in full for the abfolute pur- 
 chafe of the faid annuity or yearly fum of 3OO/. here- 
 inafter mentioned to be hereby granted, and by the faid 
 recited bond or obligation fecured as aforefaid, the re- 
 ceipt whereof accoidingly he the faid John Scutt doth 
 hereby acknowledge, and thereof and of and from the 
 fame and every part thereof doth acquit, releafe, and 
 difcharge the faid James Shorty his executors, adminif- 
 trators, and affigns, and every of them for ever by 
 thefe prefents, out of which faid fum of 2loo/. the 
 faid John Scutt immediately after receiving the fame 
 
 paid to R. ff. of gent, the fum of /. 
 
 for attendances refpe&ing the granting the faid an- 
 nuity, and for preparing and perfecting the feveral fe- 
 curities for the fame, and for preparing and inrolling a 
 memorial thereof, HE the faid John Scutt HATH Grant of an- 
 given, granted, bargained, fold, and confirmed, and nf^o/^rantor 
 by the e prefents DOTH give, &:. unto the faid to be itfuing out 
 James Shorty his executors, adminiftrators and affigns, ^ d th 1 g a ^ e h e ^ lcl 
 one annuity or yearly fum of 3OO/. of lawful money eftates with 
 ef Great Britain, free and clear, of and from all taxes ^"n'/emr" 
 
 and
 
 28* APPENDIX OF PRECEDENTS. 
 
 and dedu&ions whatfoever, to be iffuing, payable and 
 going out of, and had, received and taken by him the 
 laid James Short, his executors, adminiftrators, and 
 aiftgns, by and out of and from all and fingular the faid 
 
 snefiuage or tenement, and premifes at in 
 
 the county of Surry aforefaid, and alfo from and after 
 the deceafe of the faid E. P. the elder out of and 
 from all and fingular the faid feveral mefTuages or 
 tenements, lands, hereditaments, and premifes fituate 
 
 at and in the faid county of Kent 
 
 hereinbefore mentioned, and hereinafter defcribed and 
 intended to be hereby refpectively granted, demiied, 
 and afsigned, with their and every of their appurte- 
 nances, TO HAVE, HOLD, receive, take, and enjoy 
 the faid annuity or yearly fum of 3OO/. hereby given, 
 granted, and confirmed, or exprefled or intended fo to 
 be, and every part thereof, unto the faid Jams Sbort r 
 his executors, adminifrrators, and afiigns, from hence- 
 forth for and during the natural life of him the faid 
 John Scutt) and up to the day of his deceafe, by four 
 equal quarterly payments in the year on the feveral 
 
 days following, (that is to fay) the day of 
 
 the day of the - - 
 
 day of : and the day of in 
 
 every year, together with a proportionable part of the 
 laid annuity or yearly fum of 300/. for the time 
 which at the time of the deceafe of the faid John Scutt 
 ihall have elapfed of the quarterly payment of the faid 
 annuity growing due at the time of his deceafe, as in 
 the condition to the faid hereinbefore in part recited 
 bond or obligation is mentioned, the faid annuity or 
 yearly rent-charge of 30O/. to be fo paid and payable 
 to him the faid James Short^ his executors, adminiftra- 
 tors, and affigns, at or in the common dining-hall of 
 Lincolns-inn in the county of Middlefex\ free and clear 
 of and without making any deduction or abatement 
 whatfoever thereout, or out of any part thereof, for 
 or in refpel of any taxes, charges, aflefTments, pay- 
 ments, or other impofitions whatfoever, now taxed, 
 charged, aflefled, or impofed, o-r to be taxed, charged, 
 aflefled, or impofed, upon the faid feveral mefiuages or 
 
 tenements,
 
 APPENDIX OF PRECEDENTS. 289 
 
 tenements, and premifes hereby charged therewith, or 
 any of them or any part thereof, or on the faid an- 
 nuity or yearly rent-charge of 30O/. or any part there- 
 of, or upon the faid James Short, his executors, ad- 
 miniftrators, or afsigns, in refpecl thereof by authority 
 of parliament or otherwife howfoever, and the firft of 
 the faid quarterly payments of the faid annuity or 
 yearly rent-charge hereby granted to begin and be 
 made on the day of next enfuing the 
 day of the date of thefe prefents, and fuch proportionable 
 part to be paid immediately after the deceafeof him the 
 faid yohn Scutt. (Powers of dijlrefs and entry in default 
 of payment of annuity, as in Precedent No. XXIV.) 
 AND THIS INDENTURE FURTHER WIT- Demifeoffree . 
 NESSETH, That for the confideration aforefaid, and hold eftate to 
 for the further and better fecuring and enforcing the ^ a ^ e (ifmt- 
 due and punctual payment of the faid annuity or yearly or ftiail f<> long 
 
 rent-charge of 30O/. hereby granted as aforefaid, and live ,) u ^ n ths 
 
 ,.. c fo . . r . r i r r r trufts after 
 
 allo for and in conlideration or the lum of los, of mentioned, 
 
 lawful money of Great Britain by the faid James 
 Merry to the faid John Scutt in hand well and truly 
 paid at or before the fealing and delivery of thefe 
 prefents, the receipt whereof is hereby acknowledged^ 
 he the faid John Scutt HATH granted, bargained, 
 Ibid, and demifed, and by thefe prefents DOTH (at the 
 nomination and by the direction of the faid James Short 
 teftified by his being a party to and executing thefe 
 prefents) grant, bargain, fell, and demife unto the 
 faid James Merry, his executors, adminiftrators, and 
 afligns, all that mefluage or tenement, &c. (ft 'ate par- 
 cels) and all ways, eafements, paths, paflages, waters, Geneialwor( * s ' 
 water-courfes, trees, woods, underwoods, hedges^ 
 hedge-rows, privileges, advantages, emoluments, he- 
 reditaments, and appurtenances whatfoever to the faid 
 feveral meffuages or tenements, landsj hereditaments, 
 and premifes belonging or appertaining, and the re- 
 verfion and reverfions, remainder and remainders^ 
 yearly and other rents, iflues, and profits thereof, and 
 of every part and parcel thereof, and all the eftatej 
 right, title, intereft, ufe, truft, pofTellion, inheritance, 
 property, claim, and demand whatfoever, both at law 
 and
 
 290 APPENDIX OF PRECEDENTS. 
 
 and in equity, of him the faid John Scutt of in to or 
 out of the laid feveral meftu.iges or tenements, lands, 
 hereditaments, and all and fingular other the faid pre- 
 mifes hereby or mentioned to be hereby granted and 
 demifed, or any of them, or any part or parcel thereof, 
 TO HAVE AND TO HOLD all and fingular the 
 faid mefluages, &c. hereby granted, bargained, fold, 
 and demifed, or mentioned or intended fo to be, with 
 their and every of their appurtenances, unto the faid 
 James Merry, his executors, adminiftrators, and af- 
 figns, from and after the deceafe of the faid E. P. the 
 elder, for and during and unto the full end and term 
 of 99 years from thence next enfuing, and fully to be 
 complete and ended, if the faid John Scutt ihall fo 
 long live, the faid term of 99 years to commence and 
 be computed from the day of the death of the faid E. P, 
 the elder, but neverthelefs upon the feveral trufts, and 
 to and for the feveral ends, intents, and purpofes, and 
 under and fubjel to the feveral powers, provifoes, de- 
 clarations, and agreements hereinafter declared and ex- 
 prefledof and concerning the fame. AND THIS IN- 
 A^gnmentof DENTURE ALSO WITNESSETH, That for the 
 truileefor'fuchConfiderations aforefaid, and for the further and better 
 
 term as grantor fecur in P and enforcing; the due payment of the faid an- 
 has therein , , , ~ J , 
 
 upon the trufts nuit 7 or yearly rent-cnarge of 3OO/. hereby grafted 
 after men- as aforefaid, and alfo for and in confideration of the 
 further fum of 10*. of like lawful money by the faid 
 James Merry to the faid John Scutt in hand, well and 
 truly paid at or before the fealing and delivery of thefe 
 prefents, the receipt whereof is hereby acknowledged, 
 he the faid John Scutt HATH granted, bargained, 
 ibid, affigned, transferred, and fet over, and by thefe 
 prefents DOTH (at the nomination and direction of 
 the faid James Short teilified as aforefaid) grant, &c. 
 unto the laid James Merry, his executors, adminiftra- 
 tors, and affigns, all that the faid herein before men- 
 tioned mefluage or tenement, and premifes fituate at 
 11 ' " n the county of Surry aforefaid, to which 
 he the faid John Stutt is become intitled in right of 
 his faid wife, under and by virtue of the laft will and 
 teftament of the faid H. P. deceafed, and all the 
 
 eftate,
 
 A?PENt)IX OF PRECEDENTS. 
 
 ftate, right, title, intereft, pofleffion, term of years 
 to come, and unexpired claim and demand whatfoever 
 as well legal as equitable, which he the faid John Scutt 
 now hath, or may ought or mould have, or claim in 
 or to the faid mefluage or tenement, and premifes, 
 with the appurtenances, by force and virtue of any 
 exifting leafe of the faid premifes, or the faid will of 
 the faid H. P. deceafed, TO HAVE AND TO 
 HOLD all and fingular the faid mefluage or tene- 
 ment, and premifes herein before mentioned, and 
 intended to be hereby affigned, with their and every of 
 their appurtenances, unto the faid James Merry^ his 
 executors, administrators, and affigns, for and during 
 all the eftate, term, and intereft of him the faid John 
 SfUtt therein, provided he the faid John Scutt mall fo 
 long live, but neverthelefs upon the feveral trufts^ 
 and to and for the ends, intents, and purpofes^ 
 and under and fubje<5l to the powers, provifoes, decla- 
 rations, and agreements hereinafter declared and ex- 
 prefled of and concerning the fame. AND it is Declaration 
 hereby agreed and declared by and between the faid that the faid 
 
 parties to thefe prefents, That the faid James Merry. [ re f 'J a " d 
 i -n i n- J n 11 n ? leafehold el- 
 
 ms executors, admimitrators, and affigns, ihall itand tares are de- 
 and be poflefled of and interefted in the faid feveral JT ife ^ and a ** 
 mefluages, &c. herein before mentioned, and intended t el upon troft 
 to be hereby demifed, and of the faid mefluage or to permit 
 tenement, and premifes herein before mentioned, and cetveThe'rents 
 intended to be hereby afligned, upon the trufts, until default 
 and to and for the intents and purpofes, and with en 
 under and fubjeft to the powers, provifoes, decla- 
 rations, and agreements hereinafter mentioned, ex- 
 prefled, and declared of and concerning the fame, 
 (that is to fay) UPON TRUST to permit and fuffer 
 the faid John Scutt and his aifigns to receive and tak^i 
 the faid rents, iflues, and profits of the faid feveral 
 mefluages or tenements, lands, hereditaments, and 
 premifes herein before mentioned, and intended to be 
 hereby demifed and affigned to his and their own ufe. 
 and benefit, until fome default (hall happen to be made 
 of or in payment of the faid annuity or yearly rent- 
 charge of 30C/. hereby granted, or fome part thereof, 
 u 2 at
 
 APPENDIX OF PRECEDENTS. 
 
 at or on the days or times, and in manner herein before 
 And in <lf.iuh limited and appointed for the payment thereof. AND 
 of paymeutby UPON FURTHER TRUST, That iii cafe the 
 ?tLrem/of faid annuity or yearly rent-charge of 30O/. or any 
 theprernifes part thereof, {hall happen to be behind or unpaid by 
 
 fter n tlie de" d tne fy* 06 ^ ^ ort y da >' s next over r a ^ ter an )' or e ' tner 
 ceafe of E. p. of the faid days, or times of payment thereof, whereon 
 
 cPthlfrentToV tne *" ame ' s h ere i n before limited and- appointed, and 
 thcpremifes ought to be paid as aforefaid (being lawfully demanded), 
 
 inT ?v d an-iuit fe - then and fo often the faid ?**** Merry, his ex- 
 andcofls. ecutors, adminiftrators, and aliigns {hall from time 
 to time by and out of the rents, iflues, and profits of 
 the faid mefluages or tenements, and premifes herein 
 before mentioned, and intended to be hereby afligned, 
 and from and after the deceafe of the faid E. P. the 
 elder by and out of the rents, iflues, and profits of 
 the faid ieveral mefluages or tenements, lands, here- 
 ditaments, and premifes herein before mentioned, and 
 intended to be hereby demifed, or by demifing, leafing, 
 or mortgaging the faid premifes herein before mention- 
 ed, and intended to be hereby demifed and affigned, or 
 any part thereof, for and during all or any of the faid 
 terms determinable as herein before mentioned, or by 
 fuch other ways and means as to him the faid "James 
 Merry, his executors, administrators, or ailigns {hall 
 feem meet, raife and levy fuch him and fums of money 
 as will be fufficient to pay and fatisfy the faid annuity 
 or yearly rent-charge of 3OO/. or fo much thereof as 
 fhall from time to time happen to be in a r rear and 
 unpaid, and alfo all fuch futn and fums of money, lofs, 
 colis, charges, damages, and expences (if any) as 
 they the fatd Jams Short and James Merry, or either 
 f them, their or either of their executors, adminif- 
 trators, or ailigns, fhall pay, fuftain, expend, or 
 be put unto. for. or by reafon or means of the non- 
 payment ot the faid annuity or yearly rent-charge of 
 3OO/. or any part thereof, at or on the days and times 
 ami in the manner herein before exprefled or appointed 
 for the payment of the fame, or the performance of the 
 -fruit? hereby declared or exprefled of and concerning 
 the frid p.reimiefc herein before mentioned, and intend- 
 ed
 
 APPENDIX OF PRECEDENTS. 293 
 
 ed to be hereby demifed and affigned refpetively, or 
 the taking pofTeffion, collecting, and receiving the faid 
 rents, iflues, and profits, or otherwife howibever re- 
 lating thereto, and fhaii and do pay and apply the 
 monies fo to be raifed and levied in or towards pay- 
 ment or fatisfactioa thereof accordingly, and fhall and 
 do pay to or otherwife permit and futfer the laid Jthn 
 Scutt and his affigns from time to time to receive and 
 take the refidue or overplus of the rents, iflues, and 
 profits of the faid hereby demifed and affigned premifes 
 after full payment and fatisfaction of the faid annuity 
 or yearly rent-charge of 3oo/. and all arrears thereof, 
 and all fuch cofts, charges, damages, and expences as 
 aforefaid, to his and their own proper ufe and benefit. 
 AND TEIIS INDENTURE ALSO WITNES- 
 SETH, That in further purfuance of the faid agree- Afsi^nment of 
 ment, and for the confideration aforefaid, and for the dividends and 
 further and better fecuring the due and punctual pay- wV/i'ch'grantor 
 ment of the faid annuity, yearly rent-charge, or fum is now intitled, 
 of 300/. unto the faid James Short., his executors, ad - dendsTolv^ich 
 miniftrators, and affigns, for and during the natural he will become 
 life of the laid John Scutt, he the faid John Scutt jgJSfJ/S.^J 
 HATH bargained, fold, affigned, transferred, and fet the elder, to the 
 over, and by thele prefents DOTH bargain, fe^j^^bSSt 
 aflign, transfer, and let over unto the faid James Short^ fecuring the 
 his executors, adminiftrators, and affigns, all and every ?*', ^entof an 
 the dividends, intereft, and annual produce of the faid 
 feveral fums of 30OO/. 3 per cent, confolidated Bank 
 annuities, and 6oo/. 4 per cent, confolidated Bank 
 annuities, to which he the faid John Scutt is intitled 
 unto for his life under and by virtue of the faid herein 
 before in part recited indenture of fettlement as afore- 
 faid, and alfo all thofe two feveral annuities or yearly 
 fums of joo/. and ioo/. to which he the faid John 
 Scutt is intitled unto for his life, or for fo long time 
 as the fame fhall refpectively continue and be payable 
 under or by virtue of the faij herein before in part 
 recited indenture of fettlement as aforefaid, and like- 
 wife all and every the dividends, intereft, anJ annual 
 produce of the faid two feveral fums of 50DO/. and 
 U 3 60Q/,
 
 APPENDIX OF PRECEDENTS. 
 
 6oo/. 3 per cent, reduced Bank annuities,, to which 
 he the faid John Scutt will become intitled unto for 
 his life from and after the deceafe of the faid E. P. 
 the elder, under and by virtue of the faid herein before 
 in part recited indenture of fettlement as aforefaid, and 
 all the right, tit.le, intereft, truft, property, claim, 
 and demand whatfoever, as well Jegal as equitable, of 
 him the faid John Scutt of in to or out of the fame^ 
 TO HAVE, HOLD, receive, take, and enjoy the 
 faid intereft, dividends, and annual produce of the faid 
 leveral fums of 30007. 3 per cent, confolidated Bank 
 annuities, and 6oo/. 4 per cent, confolidated Bank 
 annuities, unto the faid James Shorty his executors, 
 adminiftrators, and afligns, for and during the 
 natural life of him the faid John Scutt ; And 
 TO HAVE, HOi/D, receive, take, and enjoy 
 the faid intereft, dividends, and annual produce of the 
 faid two leveral annuities or yearly fums of ioo/. and, 
 loo/, unto the faid James Short , his executors, ad- 
 miniftrators, and affigns, for and during the natural 
 life of him the faid John Scuii^ or for fo long time as 
 the famefhall refpe&ively continueandbe paid ; And TO 
 HAVE, HOLD, take, receive, and enjoy the faid inter- 
 eft, dividends, and annual produce of the faid feverai fums 
 of 5Ooo/. and 6oo/. 3 per cent, reduced Bank an- 
 nuities, from and after the deceaie of the faid E. P. 
 the elder, for and during the natural life of him the 
 faid John Scutt. AND it is hereby declared and 
 agreed by and between the faid parties to thefe pre- 
 fents, That the faid James Short, his executors, ad- 
 miniirrators, and afligns, fhall ftand and be poffefled 
 of and mterefted in the faid intereft, dividends, an- 
 nual produce, annuities, and premifes herein before 
 mentioned, and intended to be hereby afligned, upon 
 the trufts, and to and for the intents and purpofes, and 
 with under and fubje& to the powers, provifoes, 
 declarations, and agreements hereinafter mentioned, 
 exprefled, and declared of and concerning the fame, 
 (that is to fay) UPON TRUST for better fecuring 
 to him the faid James Short, his executors, adminiftra- 
 tors, or affigns, the payment of the faid annuity, 
 
 yearly
 
 APPENDIX OF PRECEDENTS. 395 
 
 yearly rent-charge, or Turn of 30O/. mentioned and 
 intended to be hereby granted as aforefaid during the 
 natural life of him the faid "John Scutt^ and for that 
 ptirpofe that he the faid James Short^ his executors, 
 adminiftrators, and affigns, do and {hall retain, pay, 
 and apply and difpofe of the fame intereft, dividends, 
 and annual produce, and premifes, as the fame fliall be 
 received in fatisfa&ion and difcharge of all fuch fum 
 or fums of money that fhall or may hereafter grow 
 due and become payable unto him the faid James 
 Shorty his executors, adminiftrators, and affigns, for 
 or on account of the fame annuity or yearly fum, 
 and which (hall be then due and owing unto him, and 
 alfo all fuch cofts, charges and expcnces whatfoever 
 as he the faid James Short^ his executors, adminiftra- 
 tors, or affigns, or any of them, fhall fuffer, fuftain, 
 expend, or be put unto by reafon or means of the non- 
 payment of the faid annuity or yearly fum of 3QO/. or 
 any part thereof, or for or in refpect of any matter or 
 thing relating thereto, or in the execution of the trufts 
 thereby vefted or repofed in him the faid James Shorty 
 his executors, adminiftrators and affigns. AND 
 UPON TRUST from time to time after the faui 
 Annuity, yearly rent-charge or fum of 3oo/. fhall be-* 
 come due and payable, and all arrears thereof, and all 
 cofts, charges and expences as aforefaid fhall be paid 
 and fatisfied, to pay, apply and difpofe of the refidue 
 and overplus of the faid intereft, dividends, and annual 
 produce and premifes mentioned to be hereby afsigned, 
 and which fhall be received by thp faid James Short ^ his 
 executors, adminiftrators and afsigns, (if any fuch there 
 fhall be) unto the faid John Scutt or his afsigns, eras he 
 or they fhall order, dire& or appoint, and for no other 
 life, intent or purpofe whatfoever. AND for the con- 
 ^derations aforefaid, and the better to enable the faid power of attor. 
 James Short, his executors, adminiftrators and afsigns n?x to receive 
 to recover and receive the faid intereft, dividends, an- Afsfgmnent of 
 nual produce,annuities and premifes mentioned and in- the tmftee*. 
 tended to be hereby afsigned as aforefaid, he the faid John 
 Scutt HATH and by thefe prefents, DOTH make, 
 u 4 ordain,
 
 APPENDIX OF PRECEDENTS. 
 
 prdain, nominate, conftitute and appoint the faid 
 'James Skort y his executors, adminiftrators, and af- 
 iiffns, and every of them, his true and lawful attoiv 
 jiey and attorneys irrevocable for him the faid John 
 Scutt, and in his name, or in the name or names of 
 him the faid James Sbort^ his executors or adminif- 
 trators, or otherwife, but upon the trufts aforefaid, to 
 atk, demand, fue for, recover and receive of and from 
 the faid Sir H. M. &c. or the truftees or truftee for 
 the time being, or either of them, their executors or 
 ..adminiftrators, and of and from all and every or any 
 other perfons or perfon liable to pay the fame, the 
 faid interefl, dividends, and annual produce and prer 
 mifes mentioned and intended to be hereby afsigned, 
 or any part or parts thereof, and from time to time to ufe, 
 take and profecute all and every or any legal or equitable 
 n^eans, courfe or expedient for tne recovery or receipt 
 of the fame intereft, dividends or annual produce, and 
 premifes, or any part or parts thereof as aforefaid, and 
 from time to time upon receipt thereof, or of any 
 part or parts thereof, receipts, acquittances or other 
 Sufficient difcharges for the fame, or any part thereof, 
 to make, fign, feal, and deliver, and further to do and 
 execute all and every other a<t and acts requifitc or 
 ncceflary for effecting the premifes as fully and effec. 
 tually to all intents and purpofes as he the faid Jthy 
 Scutt might or cou]d have done in his proper perfon in 
 cafe thefe prefents had not been made and executed. 
 o AND THIS INDENTURE FURTHER WIT- 
 the NESSETH, That for the further, better and more 
 principal fums, effectually fecuring the faid annuity or yearly rent- 
 fn e oth charge of 3007. unto the faid James Short, his execu- 
 fecurines under tors., adminiftrators, and affigns, for and during thp 
 'the SnSit nat " ral lift P f him the faid John Scutt ^ he the /kid 
 the Jhn $cutt doth hereby exprefsly declare, order, direct, 
 and a PPO'nt> that they the faid Sir H, M. &c. or fuch 
 other truftees as aforefaid^ or the fuvivor of them, his 
 e . xec utors or adminiftrators, fhall not at any time or 
 wi:h(.utthe times hereafter during the natural life of him 
 
 fcli and dlf P fe of the faid ca P ital 
 
 fums
 
 APPENDIX OF PRECEDENTS. 
 
 i'ums of 300O/. 3 per cent, confolidated Bank an- 
 nuities, and 6oo/. 4 per cent, confolidated Bank annul, 
 ties, and the faid twofeveral annuities of ioo/. and ioo/. 
 or any part thereof, nor lend, place, layout, or invefk 
 the monies thereby ariiing, or any part thereof, in the 
 purchafe of any government or parliamentary ftocks or 
 funds eftablifhed by law in England or Ireland^ or 
 upon the fecurity of any real eftates in England or Ire- 
 land either of inheritance or held for lives with a cove- 
 nant for perpetual renewal, nor (hall at any time or 
 times call, receive, and take in the monies fo to be 
 lent or placed out on fecurities as aforefaid, or fell and 
 difpofe of the ftocks, funds or fecurities fo to be pur- 
 chafed as aforefaid, or any part thereof, in purfuance or 
 by virtue, and in exercife and execution of the power 
 or authority to them in that behalf given, limited, 
 or referved in and by the faid recited indenture of fettle- 
 ment, nor fhall they the faid Sir H. M. &c. or the furvi- 
 vors, or furvivor of them, or his heirs, at any time or times 
 during the natural life of him the laid y^hn Scutf y fell 
 and difpofe of or convey the faid freehold meftiiages or 
 tenements, lands, hereditaments, and premifes here- 
 inbefore mentioned and intended to be hereby demifed, 
 or any part or parcel thereof, to any perfon or perfons 
 \vhomfoever in purfuance or by virtue, and in exercife 
 and execution of the faid power and authority to them 
 in that behalf given, limited and referved in and by 
 the faid in part recited indenture of fettlement with- 
 put the fpecial licence and confent of the faid 
 James Short^ his executors, adminiftrators or 
 afsigns firft had and obtained for that purpofe, but 
 from the exercife and execution of the laid powers 
 and authorities, or either of them, for and during the 
 natural life of him the faid 'John Scutt^ he doth expiefsly 
 difcharge, fufpend and prohibic the faid Sir H. M. &c. 
 or fuch other truftees as aforefaid, and the furvivors 
 and furvivor of them, his executors and adminiftra- 
 tors by thefe prefents, without fuch the licence and 
 confent of the faid 'James Short-, his executors, ad- 
 mi m'Hrators,
 
 APPENDIX OF PRECEDENTS. 
 
 Covenant V'th miniftrators, or afligns as aforefaicl. AND the faid 
 SSSr^th 7 ohn Scutt -> for himfelf, his heirs, executors, and ad- 
 foiie no ad to miniftrators, doth hereby further covenant, promife, 
 jncumbcr the Declare, and agrpe to and with the faid James Merry , 
 UnH and'af- his executors,adminiftrators, and afligns, by thefe pre- 
 fcgned. fents, in manner following, that is to fay, that the 
 
 faid John Scutt hath not at any time heretofore made, 
 done, committed, or wittingly or willingly fuffered 
 or executed any ac% deed, matter, or thing whatfo- 
 ever, whereby or by means whereof the faid mef- 
 fuages or tenements, lands, hereditaments, and pre* 
 mifes herein before mentioned anddefcribed, and here- 
 by granted, demjfed, and afligned, or intended fo to be 
 as aforefaid, or any part or parcel thereof, are is can 
 {hall or may be in any manner impeached, charged, 
 burthenec], or incurnbered in title, charge, eftate, or 
 
 Am! that he is ot herwife howfoever ; AN D that he the faid John Scutt, 
 
 now feued of . . r . ' .. . , . . ' r i / 
 
 the preniifes at the tune or the fealing and delivery or thele pre 
 
 artigr.cdforan fents is lawfully, rightfully, and abfpjutely feized of 
 urwxpjrcdterm. , . n i -j 
 
 and in or well intttled unto the faid melluages or te- 
 nements and premifes hereby aligned, or intended fo 
 to be, and every part and parcel thereof, with their 
 and every of their appurtenances, for and during a 
 term of years therein to come and unexpired. AND 
 ALSO, Thathe the &\&Jobn Scutt will, from and after 
 . p. the elder, the decea/e of the faid E. P. the elder ,, become intitled, 
 IntWed w C the P ' to tne ^ a ^ feveral mefluages or tenements, lands, he- 
 premiies de- reditaments and premjfes hereby granted and demjfed, 
 unfed for his or i nten( j e{ jf o to be, and every part and parcel thereof, 
 with their and every of their appurtenances, for and 
 during the term of his natural life, without any mat- 
 ter, claufe, or thing whatibever to alter, change, 
 charge, defeat, determine, or make void the fame j 
 AND that he the faid John Scutt, now hath in him- 
 righttocrTarge felf good right, full power, and lawful and abfolute 
 mi^dTndaf- 6 " authority to charge all and fmgular the faid feveral 
 figned with the mefluages or tenements, lands, hereditaments, and 
 premifes herein before mentioned, to be hereby 
 derrufed and afsigned with the payment of the faid an- 
 nuity or yearly rent-charge of too/, to the faid 'Jama 
 
 Short v
 
 APPENDIX OF PRECEDENTS. 299 
 
 Shorty his executors, adminiftrators, and afllgns, dun* 
 ing the natural life of him the laid John Scutt, in 
 manner aforefaid ; And alfo to demife and aflign AnJ todemife 
 the faid feyeral mefluages or tenements, lands, here- Tame zl & afoie- 
 ditaments, and premifes, and every ' part and parcel faid - 
 thereof, with the appurtenances, untp the faid 'James 
 Merry^ his executors, adminiftrators, and afligns, in 
 manner aforefaid, and to and for the intents and pur- 
 pofes herein before declared or exprefled of and con- 
 cerning the fame. AND FURTHER, That from And that in de- 
 and after default fhall be made in payment of the faid JjenttoSSf 
 annuity, clear yearly rent-charge, or fum of 3007. u pn premifes 
 hereby granted, or any part thereof, contrary to the 
 true intent and meaning of thefe prefents, the faid 
 James Merry^ his executors, adminiftrators, and af- 
 iigns ftiall, and lawfully may peaceably and quietly 
 enter into and upon, and have, hold, ufe, occupy, pof- 
 fefs, and enjoy all and fingular the faid mefluages or 
 tenements and premifes hereby afligned, and from and 
 after the deceafe of the faid E. P. the elder, the faid 
 feveral mefluages or tenements, lands, hereditaments, 
 and premifes hereby granted and demifed refpe&ively, 
 and collect, receive, and take the rents, iflues, and 
 profits upon the trufts, and to and for the intents and 
 purpofes herein declared or exprefled of or concerning 
 the fame; And that without any lawful let, fuit, 
 trouble, difturbance, moleftation, or interruption of 
 or by the faid John Scuti, his executors or adminiftra- 
 tors, or any other perfon or perfons whornfoever, and 
 that free and clear, and freely and clearly acquitted, 
 exonerated, and difcharged, or otherwife by him the 
 faid John Scutt, well and fufficiently faved, defended, 
 kept harmlefs, and indemnified of from and againft 
 all and all manner of former and other annuities, 
 gifts, grants, bargains, fales, mortgages, debts, 
 charges, and other incumbrances whacfoever. AND And for further 
 FURTHER, That he the faid John Scutt, and all and 
 every other perfon and perfons having or lawfully 
 claiming, or who fhall or may have or lawfully 
 claim any eftate, right, title, or intereft at law or in 
 equity of in to or out of the faid feveral mefluages or te- 
 nements.
 
 3 oo APPENDIX OF PRECEDENTS. 
 
 uements, lands, hereditaments, and premifes, or any 
 part thereof herein before mentioned, to he thereby 
 tlemifed and afligned, or any part thereof, (hall and 
 will from time to time, and at all times hereafter, 
 during the natural life of him the faid 'John Scutt^ 
 upon every reasonable requeft of him the faid parties 
 M-.-rry) his executors, adminiftrators, or afligns, hut 
 at the proper cofts and charges in the law of him the 
 i'aid John Scutt^ make do and execute, or caufe or 
 procure to be made done and executed, all and every 
 fuch further and other lawful and reafonable act and 
 als, thing and things, conveyances and afl'urances in 
 the law whatfoever, as well for the better, more per- 
 fect, and abfolute giving, granting, and confirming ot 
 the faid annuity, or clear yearly rent-charge of 3OO/. 
 hereby granted unto the faid James Short^ his execu- 
 tors, adminiftrators, and afligns, in manner aforefaid; 
 And alfo for the further and more effectually granting, 
 idemifmg, ailigning, and alluring the faid feveral mef- 
 fuages or tenements, lands, hereditaments, and pre- 
 mifes hereby demifed and afsigned, or exprelled or in- 
 tended io to be, unto the faid James Mwy^ his exe- 
 cutors, adminiftrators, and afligns, for the remainder 
 which fhall he then to come and unexpired of the faid 
 terms as aforefaid, upon the trufts, and for the intents 
 and purpofes herein declared or exprefTed of or con- 
 cerning the fame, as by the faid James Merry, his 
 executors, adminiftrators, or afsigns, or his or their 
 counfel learned in the law, (hall be reafonably d^- 
 JSSTthS* vifed and required. AND the faid John Scutt doth 
 grantorhath hereby alfo for himfelf, his heirs, executors, and ad- 
 dmdends ff a S nd' m ' m ^ rators ' ^ urtner covenant, promife, and agree to 
 annuities. and with the faid James Short , his executors, admi- 
 niftrators, and afsigns, by thefe prefents in manner 
 following, that is to fay, that he the faid John Scutt 
 >* ' now hath in himfelf good right, full power, and law- 
 
 ful and abfolute authority to grant, bargain, fell, af- 
 fign, transfer, and fet over unto the faid Jam?s Svort, 
 his executors, adminiftrators, and afsigns, the faid in- 
 , tereft, dividends, annual produce, annuities, and pre- 
 mifes herein before mentioned, and intended to be 
 
 herebf
 
 APPENDIX OF PRECEDENTS. 301 
 
 hereby affie;ned upon the trufts, and in manner afore- 
 laid. AND FURTHER, That the laid John Scutt, And that he is 
 now at the time of the fenling and delivery of thefe ^edi- 
 prefents is intitled in equity to the receipt and enjoy" vidends and to 
 mcnt of the intereft, dividends, and annual produce of ^j 'Tontite* 
 the laid feveral fums of 30007. 3 per cent, confolidated death of E. P. 
 Bank annuities; 6oo/. 4 per per cent, confolidated the elder be m- 
 
 T, . . i i r i r i titled tO U1V1- 
 
 x>ank annuities ; and the laid two leveral annuities or deads. 
 yearly Anns of ioo/. and ioo/. herein before men- 
 tioned, and intended to be hereby atTigned ; And alfo 
 that he the laid John Scutt will, upon the deceafe of 
 the laid E. P. the elder be intitled in equity to the receipt 
 and .enjoyment of the intereft, dividends, and annual 
 produce arifing from the faid feveral fums of 5OOO/. 
 and 6oo/. 3 per cent, reduced Bank annuities herein 
 before mentioned, and intended to be hereby affigned ; 
 And that the faid John Scutt hath not at any time And that he 
 
 heretofore made, done, or committed, or fuffered to ^V^L'n" 
 , i i , i i cuniDereu cue 
 
 be made, done, executed, or committed, any act, deed, lame, 
 
 grant, aflignment, appointment, matter or thing what- 
 ibever, whereby or wherewith the faid intereft, divi- 
 dends, annual produce, annuities, and premifes herein 
 before mentioned, and intended to be hereby affigned, 
 or any part thereof, is are can fhall or may be in any- 
 wife charged, incumbered, or appointed. AND 
 ALSO, that he the faid John Scutt now at the 
 time of the fealing and delivery of thefe prefents is 
 well intitled to receive the fame intereft, dividends, 
 and annual produce of the faid feveral fums of 
 3OOO/. 3 per cent, confolidated Bank annuities, 6oo/. 
 4 per cent. Bank annuities during -his life; And that 
 he is alfo well intitled to receive the faid two feveral 
 annuities, or yearly fums of ioo/. and ioo/. during 
 his life, or for fo long time as the fame fhall refpec- 
 tively continue and be payable. AND FURTHER, And will ratify 
 that he the faid John Scutt fhall and will at all times the ads of 
 hereafter juftify and allow, ratify and confirm all and gr 
 whatibever the faid James Shorty his executors, ad- 
 miniftrators, and afligns, fhall lawfully do or caufe to 
 be done in and about the premifes, and fhall not nor 
 will revoke or make void any of the powers or au- 
 thorities
 
 3<5l APPENDIX OF PRECEDENTS. 
 
 thorities hereby given or in purfuance hereof to be 
 given to the faid James Short, his executors, adminif- 
 trators, or affigns, or any of thern^ nor do any aft 
 whereby the recovery or receipt of the faid intereft, 
 dividends, and annual produce, and premifes, or fo 
 much thereof as ought to be received by the faid 
 James Short, his executors, adminiftrators, or affigns, 
 according to the true intent and meaning of thefe pre- 
 And for further f cn ts, may be impeded or delayed; AND moreover 
 that he the faid John Scutt (hall and will from time 
 to time, and at all times hereafter, at the requeft of 
 the faid James Short, his executors, adminiftrators, 
 or afligns, but at the proper cofts and charges of the 
 faid "John Scutt, his executors or adminiftrators, make 
 do and execute, or caufe or procure to be made, 
 done, and executed all and every fuch further and 
 other lawful and reafonable a&s, deeds, alignments, 
 and appointments in the law whatfoever, for the fur- 
 ther, better, more perfect, and abfolute granting and 
 afligning the intereft, dividends, and annual produce 
 and premifes herein before mentioned, and intended to 
 be hereby aflignsd unto the faid James Shorty his exe- 
 cutors, adminiftrators, and affigns, upon the trufts 
 and in manner aforefaid, as by the faid John Short ^ 
 his executors, adminiftrators, or afsigns, or his or 
 their counfd learned in the law fhall be reafonably 
 advifed or required.- (Adddefeafance on judgment and 
 daufe for redemption en payment of half a year's an- 
 *iuity). In witnefs, &c. 
 
 GRANT
 
 APPENDIX OF PRECEDENTS. 303 
 
 No. XXIII. 
 
 GRANT of ANNUITY during the Life of 
 Grantor s Wife, and Conveyance in Fee by 
 Leafe and Eeleafe, and alfo AJfignmcnt by 
 Hufband and Wife, of Freehold and Leafe- 
 IwUl Premifes, the Rents of which the Wife 
 is intitled to for her Life to Grantee, 
 UPON TRUST Jbr Jecuring the Annuity, and 
 Covenant to levy Fine. 
 
 THIS INDENTURE made, &c. between James 
 Wood) of, &c. gent, and Sarah his wife, of the one 
 part, and Richard Burt t of, &c. Efq. of the other 
 part. WHEREAS James Fall, of, &c. gent, in and Recital of 
 by his laft will and teftament in writing, executed Jh' e '^nfa 
 and attefted in fuch manner as is by law prefcribed wife is intitled 
 for rendering valid devices of real eftates, fa 
 ing date on or about the - day of reehold 
 
 which was in the year of our Lord - gave jjjj 
 and devifed, All his freehold mefluage or tene-iife. 
 ment, fituate and being in Carnaby-ftreet aforefaid, irr 
 the occupation of .. unto John Strong, of, 
 
 &c. gent, and John Ward, of, c. their heirs and 
 affigns ; AND the faid teftator alfo gave and be- 
 queathed ALL that meffuage or tenement fituate and 
 being in Curnaby-ftreet aforefaid, then in his own oc- 
 cupation ; AND ALSO, ALL that meffuage or tene- 
 ment fituate and being in Bell-Jireet^ in the parifh of 
 in the faid county of Middlesex, unto the 
 faid "John Strong and John Ward, their executors, 
 auminiftrators, and affigns, UPON TRUST to pay 
 the rent?, iffues, and profits of the faid freehold and 
 leafehold meffuages or tenements unto his wife the 
 faid Sarah Wood, then Sarah Fa!!, or empower her 
 to receive the fame during her life ; And the faid 
 teftator appointed the faid John Strong and John 
 Ward executors of his faid will, and died without aU 
 3 tering
 
 APPENblX OF PRECEDENTS, 
 
 tering or revoking the fame, leaving the faid Sarah 
 Wood, then Sara/} Fall y his widow and his daughter 
 
 Probate of will Sarah Fall him furviving ; AND the faid John Strong 
 by executors. ^ j ghfj ^^^ haye du , y prove(i the faid wi jj jn the 
 
 Prerogative Court of the archbifhop of Canterbury^ and 
 
 And intermar- taken upon themiclves the execution thereof. AND 
 
 mgeofihe WHEREAS the faid Sarah Fall hath intermarried 
 
 wife. with the faid. James Wood. AND WHEREAS the 
 
 Contrael for faid Richard Bart hath contracted and agreed with the 
 
 * uuuit5 '- faid Jatnes Wood and Sarah his wife, for the abfolute 
 
 purchafe of one annuity or clear yearly fum of 30/. 
 
 to be paid and payable to the faid Richard Burt, his 
 
 executors, administrators, and affigiis, during the life 
 
 of the faid Sarah Wood^ at or for the price or fum of 
 
 2io/. out of which, &c. (State the expences to be 
 
 paidbyjihn Wood). AND WHEREAS upon the 
 
 treaty tor the purchafe of the faid annuity it was 
 
 agreed, that the fame fhould be further fecured by 
 
 the bond or obligation of the faid James Wood and 
 
 a warrant of attorney to confefs a judgment thereon. 
 
 (And recite the bond and warrant of attorney'). 
 
 AND WHEREAS it hath been agreed, That the faid 
 
 annuity or yearly fum of 3o/. fhould be fecured in 
 
 manner hereinafter mentioned, as well as by the faid 
 
 Reteafe of free- bond and judgment. NOW THIS INDENTURE 
 
 t^lifc'oflh^WITNESSETH, That in purfuance of the faid 
 
 wife- agreement, and for and in confideration of the fum of 
 
 Upon the tmfts 2io/. of lawful, &c. by the faid Richard Burt to the 
 eclared. 
 
 and truly paid at or before the fealing and delivery of* 
 thefe prefents, the receipt whereof they the laid 
 James Wood and Sarah his wife do hereby acknow- 
 ledge, and thereof and of and from the fame, and . 
 every part thereof, do acquit, releafe, and difcharge 
 the laid Richard Hurt, his executors, adminiftrators, 
 and affigns, and every of them for ever by thefe pre- 
 icnts. (St^te the payment of expences paid by J. 
 Wood). They the faid James Wood and. Sarah his 
 wife HAVE "and eac i of them HATH granted, 
 bargained, fold, aliened, releafed, and confirmed, and 
 by thefe prefents DO, &c, unto the faid Richard 
 
 urf,
 
 APPENDIX OF PRECEDENTS. 305 
 
 Hurt, (in his a&ual pofleffion, &c.) to his execu- 
 tors, adminiftriitors, and affigns, All that the faid 
 freehold mefluage or tenement, fituate and being in 
 Carnaby-ftreet aforefaid, together with all buildings, 
 yards, ways, waters,water-courfes, fewers, drains, lights, 
 liberties, privileges, advantages, emoluments, he- 
 reditaments, and appurtenances whatfoever to the faid 
 mefTuage or tenement and premifes herein before men- 
 tioned, and intended to be hereby granted and re- 
 leafed, or any part or parcel thereof, belonging or 
 in any wife appertaining or to or with the fame, qr 
 any part thereof, now or at any time heretofore 
 ufually had, held, ufed, occupied, pofleffed, or en- 
 joyed, or accepted, reputed, deemed, taken, or known 
 to be as part, parcel, or member thereof, or of any 
 part thereof, and the reverfton,&c. And all the eftate, 
 &c. TO HAVE AND TO HOLD the faid meffuage 
 or tenement, hereditaments, and all and fingular other the 
 premifes herein before mentioned, and intended to be 
 hereby granted and releafed, with their and every of 
 their appurtenances, unto the faid Richard Burt, his 
 executors, admiruftrators, and affigns, during the life of 
 the faid Sarah Wood to the ufe of the faid Richard 
 Burt, his executors, adminiftrators, and affigns, dur- 
 ing the life of the faid Sarah Wood, UPON THE 
 TRUSTS hereinafter declared concerning the fame. 
 AND THIS INDENTURE FURTHER WIT-AJg* 
 NESSETH, That in further purfuance of the faid h ou fes for 'all 
 agreement ; And for the confideration aforefaid, they tlj e intereft of 
 the faid James Wood and Sarah his wife, HAVE ^^ her> 
 and each of them HATH bargained, fold, afligned, therein upon 
 
 transferred, and fet over ; And by thefe prefents DO, r i ie truftb '- 
 e 1 r-in-71111- i after mention- 
 
 &c. unto the laid Richard Burt^ his executors, ad- ed. 
 
 miniftrators, and affigns, All that the faid meffuage 
 or tenement in Garnaby-jlreet aforefaid, late in the oc- 
 cupation of the faid James Fall ; And alfo all that the 
 faid mefluage or tenement fituate and being in Bell- 
 
 flreet, in the parifh of , in the county of 
 
 Middlesex \ which fame two mefiuages or tenements 
 
 were given and bequeathed to the faid John Strong 
 
 and John Ward) their executors, admiriiltrators, and 
 
 x ailigns,
 
 306 APPENDIX OF PRECEDENTS. 
 
 a/figns, IN TRUST for the laid Sarah Wood during 
 her life, in and by the faid will of the faid "James 
 Fall as aforefaid, together with all and fingular 
 buildings, yards, ways, waters, backfides, water- 
 courfes, paths, pafiages, lights, liberties, eafements, 
 profits, privileges, commodities, advantages, emolu- 
 ments, hereditaments, and appurtenances whatfoever 
 to the faid mefluages or tenements and premifes herein 
 before mentioned, and intended to be hereby affigned, 
 belonging, or in any wife appertaining; And all the 
 eftate, right, title, intereft, term and terms for years, 
 truft, property, claim, and demand whatfoever, both 
 3t law and in equity of them the faid *James Wood, and 
 Sarah his wife, or either of them, of in to or out of 
 the fame premifes, every o-r any part or parcel there- 
 of, TO HAVE AND TO HOLD the laid mef- 
 fuages or tenements, hereditaments, and all and fm- 
 gular other the premifes before mentioned and in- 
 tended to be hereby affigned, with their and every of 
 their appurtenances, unto the faid Richard Burt^ his 
 executors, adminiftrators, and afligns, for and during 
 all the eftate, term, and intereft of the faid James 
 Wood and Sarah his wife, or either of them, of in to or 
 put of the fame premifes, upon the trufts and to and 
 for the intents and purpofcs hereinafter declared con- 
 Declaration cerning the fame. AND it is hereby declared and 
 that the reieafe agreed by and between the laid parties to thefe pre- 
 
 and aisignmem ^. r J , , . , L . rir-j 
 
 before rtv.de rmles, to be the true intent and meaning or the latd 
 are in truft for parties and of thefe prefents, that he the faid Richard 
 l[ - Burt, his executors, adminiftrators, and affigns, ihall 
 ftand and be feifed of and interefted in the faid mef- 
 fuages or tenements, hereditaments, and all and fin- 
 gular other the premifes herein before mentioned, and 
 intended to be hereby granted and releafed, and af- 
 figned refpeftively UPON THE TRUSTS, and to 
 and for the intents and purpofes hereinafter mentioned, 
 exprefled, and declared of and concerning the fame, 
 that is to fay, UPON TRUST, by and out of the 
 yearly and other rents, iffues, and profits thereof, or 
 by fale or mortgage thereof, or of any part thereof, 
 or by all or any of the ways and means aforefaid, or 
 
 by
 
 APPENDIX OF PRECEDENTS. 307 
 
 by fuch other ways and means as he the faid Richard 
 Burt, his executors, adminiftrators, or afligns mall 
 think fit to raife and levy, and pay to himfelf and 
 themfelves the faid annuity or clear yearly fum of 
 3O/. or fo much thereof as lhall from time to time 
 happen to be in arrear and unpaid at the days and 
 times in and by the faid condition of the faid recited 
 bond or obligation mentioned and appointed for pay- 
 ment thereof ; and alfo fuch cofts, charges, and ex- 
 pences as he the faid Richard Burt^ his executors, ad- 
 miniftrators, or affigns mall fuftain, expend, or be 
 put unto in or about the execution of the truft afore- 
 faid ; and from and after full payment and fatisfac- 
 tion of the faid annuity, and all fuch cofts, charges, 
 and expences as aforefaid, UPON TRUST for the 
 faid James Wood and Sarah his wife. AND the faid Covenant to 
 James Wood, for himfelf, his heirs, executors, and cSefferu^of 
 adminiftrators, and for the laid Sarah his wife, DOTH the premifcs. 
 covenant, promife, and grant to and with the faid 
 Richard Burt, his executors, adminiftrators, and af- 
 fjgns, by thefe prefents, that they the faid James 
 Wood and Sarah his wife, fhall and will as of this 
 prefent Eajter term, Trinity term now next enfuing, 
 or of fome other fubfequent term, at the requeft of 
 the faid Richard Burt, his executors, adminiftrators, 
 or afsigns, but at the cofts and charges in the law of 
 the faid James Wood and Sarah his wife, acknow- 
 ledge and levy in due form of law before the juftices 
 of his Majefty's court of Common Pleas at Wejlmin- 
 fter^ one or more fine or fines fur concefierunt, where- 
 by they {hall and will grant the faid meffuage or te- 
 nement, hereditaments, and premifes herein before 
 mentioned, and intended to be hereby granted and re- 
 leafed by fuch defcriptions as {hall be thought necef- 
 fary in that behalf unto the faid Richard Burt, his 
 executors, adminiftrators, and afsigns, during the na- 
 tural life of the faid Sarah Wood ; AND it is hereby 
 agreed and declared by and between the faid parties 
 to thefe prefents to be the true intent and meaning of 
 thefe prefents and of the faid parties, that as well the 
 faid fine or fines fo as aforefaid, or in any other manner 
 x 2 to
 
 APPENDIX OF PRECEDENTS, 
 
 to be had and levied; as alfo all and every other fine 
 and fines, conveyances and afiurances in the law what- 
 ibever already had, made, done, acknowledged, levied, 
 or executed or hereafter to be had, made, done, ac- 
 knowledged, levied, or executed, by or between the faid 
 parties to thefe prefents, or any of them, or whereunto 
 they or any of them was, were, is, are, or fhall or may be 
 parties or party, or privies or privy of the laid mefiuage 
 or tenement, hereditaments and premifes herein before 
 mentioned, and intended to be hereby granted and re- 
 leafed, or any part or parts of the fame, either alone 
 or together with any other mefluages, lands, tene- 
 ments, or hereditaments, fhall as to the faid mefluage 
 or tenement, hereditaments, and premifes herein before 
 mentioned, and intended to be hereby granted and re- 
 leafed from and immediately after the levying, mak- 
 ing, executing, and perfecting thereof, be and enure,, 
 and fliall be adjudged, conftrued, deemed, and taken 
 to be and enure, and is and are hereby declared to be at 
 the time of the making and levying thereof, and is and 
 are meant and intended to be and enure to the ufe of the 
 faid Richard Burt, his executors, adminiftrators, and af-~ 
 figns, for and during the natural life of the faid Sarah 
 Wood, UPON THE TRUSTS, and to and for the in- 
 tents and purpofes herein before mentioned, exprefled, 
 and declared of and concerning the fame, and to and for 
 no other ufe, intent, or purpofe whatever. (Add cove- 
 Covenant that nant from grantor to pay annuity). AND ALSO, That 
 wffe'havedone ^X tne &id 'James Wood and Sarah his wife have not, 
 no aa to in- nor hath either of them at any time heretofore made, 
 done, or committed, or wittingly or willingly per- 
 mitted or fuffered any aft, deed, matter, or thing 
 whatfoever, whereby, wherewith, or by reafon or 
 means whereof the faid meffuages or tenements, here- 
 ditaments, and premifes herein before mentioned, and 
 intended to be hereby granted, and releafed and af- 
 figned reflectively, or any part or parts thereof re- 
 fpeftively, are is can {hall or may be in any wife 
 charged, merged, affigr.ed, impeached, incumbered, or 
 affected in title, intereft, charge, eftate, or otherwife 
 And for further howfoever. AND FURTHER, That they the faid 
 Jtmes Wood and Sarah his wife, and their refpedive 
 
 executors,
 
 APPENDIX OF PRECEDENTS. 309 
 
 executors, adminiftrators, and afligns, and all and 
 every other perfon or perfons whomfoever having, or 
 lawfully or equitably claiming, or who {hall or may- 
 have, or lawfully or equitably claim any eftate, right, 
 title, truft, or intereft in to or out of the faid mef- 
 fuages or tenements, hereditaments, and premifes 
 herein before mentioned, and intended to be hereby 
 granted, and releafed and afligned refpe&ively, or any 
 of them by from or under or in truft for them or either 
 of them, fhall and will from time to time, and at all 
 times hereafter, during the life of the faid Sarah 
 Wood^ upon every reafonable requeft of the faid 
 Richard Burt^ his executors, adminiftrators, or al- 
 figns, but at the proper cofts, and charges in the law 
 of the faid James Wood and Sarah his wife, their exe- 
 cutors, adminiftrators, or afligns, make, do, acknow- 
 ledge, and execute, or caufe or procure to be made, 
 done, acknowledged, and executed, all and every 
 fuch further, and other lawful and reafonable a&s, 
 deeds, conveyances, and aflurances in the law what- 
 foever, for the further and better and more perfect 
 and abfolute conveying, afligning, and afluring the faid 
 premifes herein-before mentioned, and intended to be 
 hereby granted and releafed and affigned refpedlively, 
 with their and every of their appurtenances, unto and 
 to the ufe of faid Richard Burt^ his executors, adminif- 
 trators, and afligns, upon the trufts, and to and for 
 the intents and purpofes, and in manner aforefaid, as 
 by the faid Richard Burt^ his executors, adminiftra- 
 tors, or afligns, or any of them, or his their or any 
 of their counfel learned in the law {hall be reafon- 
 ably advifed and required. (Add defeafancs on judg- 
 ment). In wijnefs, &c. 
 
 x 3 CHAP-
 
 [ 3*0 3 
 
 CHAP. X. 
 
 GRANTS OF ANNUITY CHARGED UPON 
 LEASEHOLD PROPERTY, WHERE THE 
 GRANTORS HAVE AN ABSOLUTE IN- 
 TEREST. 
 
 No. XXIV. 
 
 GRANT of ANNUITY for two Lives by fcco 
 joint Tenants, charged on a Leafehold Eftate 
 of which they are jointly pojjejjed, {fubject 
 to a Mortgage], and an Alignment of fame 
 Premifes by the Grantors jointly with the 
 Mortgagee, (whofe Mortgage is difcharged 
 out of the Consideration Money] to the 
 Grantee for fecuring the Annuity, with a 
 Claufe to redeem the Annuity by Inftal- 
 ments, upon Payment after the Rate of 
 Half a Years Annuity. 
 
 Parties. 1 HIS INDENTURE tripartite made the day 
 
 of in the year of the reign of our Sovereign, 
 
 &c. BETWEEN William Player^ of Efq. and 
 
 Thomas Glwer, Efq. of the firft part; William Peat and 
 Charles Peat, both of of the fecond part ; and John 
 
 Recital of Uafc. Kirk, of gent, of the third part. WHERE- 
 AS by Indenture of Leafe bearing date on or about 
 
 the
 
 APPENDIX OF PRECEDENTS. 31 i 
 
 the - " day of " which was in the year of our 
 
 Lord and made or exprefled to be made between 
 
 John Brooks, of " gent, of the one part, and 
 
 the faid William Peat and Charles Peat of the other 
 part, IT IS WITNESSED, That for the confider- 
 ations therein mentioned he the faid John Brooks did 
 demife, leafe, fet, and to farm lett unto the faid Wil- 
 liam Peat and Charles Peat all that piece or parcel 
 of ground (Defcribe the parcels) TO HOLD the 
 fame unto the faid William Peat and Charles Peat, their 
 executors, adminiftrators, and afligns, from the feaft-day 
 of the birth of our Lord Chrift then next enfuing for 
 the term of 99 years, at the yearly rent of 61. free from 
 taxes, and payable quarterly. AND WHEREAS by^^gjf 
 
 indenture of alignment bearing date on or about the by way of mort- 
 
 dayof which was in the year of our Lord gage ' 
 
 and made or exprefled to be made between the faid 
 William Peat and Charles Peat, of the one part, and 
 the faid William Player and Thomas Glover of the other 
 part, RECITING the before recited indenture of 
 Leafe, and reciting that the faid William Peat and 
 Charles Peat having occafion for the fum of 6oo/. ap- 
 plied to the faid William Player and Thomas Glover to 
 lend them the fame, AND RECITING that the 
 faid William Peat and Charles Peat by their bond 
 bearing even date with the now reciting indenture, 
 became bound unto the faid William Player and Tho- 
 mas Glover in the penal fum of i2oo/. conditioned for 
 
 the payment of 6oo/. and intereit on the day of 
 
 then following, IT IS WITNESSED, 
 
 That for and in consideration of the fum of 6oo/. paid 
 to the faid William Peat and Charles Peat by the faid 
 William Player and Thomas Glover as therein men- 
 tioned, they the faid William Peat and Charles Peat 
 did bargain, fell, afsign, transfer, and fet over unto 
 the faid William Player and Thomas Glover, all that 
 the faid piece or parcel of ground, mefluages or tene- 
 ments, and other the premifes in the herein before 
 recited indenture of leafe demifed, TO HOLD the 
 fame unto the faid William Player and Thomas Glover, 
 their executors, adminiftrators, an4 afsigns, for the 
 
 x 4 remainder
 
 ji-i APPENDIX OF PRECEDENTS. 
 
 remainder of the faid term of 99 years, and intereft 
 And that At- as therein mentioned. AND WHEREAS the laid 
 in U p a vmi% adC William Peat^nd Charles Peat made default in pay- 
 vhereby the ment of the faid principal fum of 6oo/. fo fecured to 
 premifes be- the f ; d fViUi am Pl^er and Thomas Glover by the 
 came veiled in -...,., "c r r \. c 
 
 mortgagees. faid recited indenture 01 aisignment, by realon wnereor 
 
 the faid piece or parcel of ground, mefluages or tene- 
 ments and premifes therein comprifed and afligned 
 are now in law become abfolutely vefted in the laid 
 William Player and Thomas Glover for the refidue 
 now to come and unexpired of the faid term of 99 
 years in and by the faid recited indenture of leafe de- 
 mifed. AND WHEREAS there is now jointly due 
 and owing from the faid . William Peat and Charles 
 Peat to the faid William Player and Thomas Glover 
 for principal and intereft, by virtue of the faid recited 
 Recital of con- fecurity, the fum of 450/. and no more. AND 
 tract for annul- WHEREAS the faid John Kirk hath contracted and 
 agreed with the faid William Peat and Charles Peat 
 for the purchafe of one annuity or yearly fum of 6o/. 
 of lawful money of Great Britain^ to be paid and 
 payable to the laid John Kirk^ his executors, admi- 
 niJtrators, or afligns, for and during the natural lives 
 of the faid John Kirk and Maria his wife, and the 
 life of the furvivor of them, by four equal quarterly 
 payments in the year, together with a proportionable 
 part of the faid annuity for the time which fhall elapfe 
 of the quarterly payment of the faid annuity growing 
 due at the time of fuch furvivor's deceafe, at or for the 
 price or fum of 6oo/. out of which it was agreed that 
 the faid fum of 4507. fhould be paid to the faid William 
 Player and Thomas Glover^ in fatisfaftion and dif- 
 charge of the faid principal and intereft due to them 
 on the faid recited mortgage; And that all cofts, 
 charges, and expences attending the faid contract, and 
 for preparing and perfecting the feveral fecurities for 
 the fame, and preparing and inrolling a memorial 
 thereof, fhould be borne and paid by the faid William 
 feat and Charles Peat^ out of the refidue of the faid 
 fum of 6oo/. AND WHEREAS upon the treaty 
 for the purchafe of the faid annuity, or yearly 
 
 fum
 
 APPENDIX OF PRECEDENTS. 313 
 
 fum of 6o/. it was agreed, that the faid piece or par- 
 cel of ground, mefluages, or tenements, erections and 
 Buildings thereon erected and built, {hould be af- 
 figned over unto the faid John Kirk, his executors, 
 adminiftrators, and affigns, as a fecurity for the pay- 
 ment of the faid annuity in manner hereinafter men- 
 tioned and expreiTed, and that the fame mould alfo be 
 fecured by the bond or obligation of the faid William 
 Peat and Charles Peat, and by a warrant of attorney 
 to confefs a judgment thereon (Recite the bond and 
 warrant of attorney). NOW THIS INDENTURE Affignment of 
 WITNESSETH, That in purfuance and perform- ^^"jSi 
 ance of the faid agreement, and for and in confidera- <>f the confidc- 
 tion of the faid fum of 450/. of lawful, &c. to the "^ J^s . 
 faid William Player and Thomas Glover in hand, well discharge of 
 and truly paid by the faid John Kirk at or before 
 execution of thefe prefents, by the direction and ap- 
 pointment of the faid William Peat and Charles Peat, 
 (teftified by their being parties to and figning and feal- 
 ing thefe prefents) being in full fatisfaction and dif- 
 charge of the principal money and intereft due to 
 them upon or by virtue of the faid recited mortgage, 
 the receipt of which faid fum of 45O/. they the faid 
 William Player and Thomas Glover do hereby refpec- 
 tively acknowledge, and thereof and therefrom and 
 of and from the fame and every part thereof, do and 
 each of them doth clearly and absolutely acquit, r'e-^ 
 leafe, and difcharge the faid 'John Kirk, his executors, 
 adminiftrators, and affigns, and every of them, for 
 ever, by thefe prefents, they the faid William Player 
 and Thomas Glover, at the requeft and by and with 
 the like con fen t, direction, and appointment of the 
 faid William Peat and Charles Peat, teftified as afore- 
 faid, HAVE and each of them HATH bargained, 
 fold, affigned, and fet over, and by thefe prefents DO 
 and each of them DOTH bargain, fell, afsign, and 
 fet over unto the faid John Kirk, his executors, ad- 
 miniftrators, and afsigns, as well the faid recited in- 
 denture of leafe and afsignment as alfo the faid piece 
 or parcel of ground, mefluages or tenements, erec- 
 tions and buildings thereon erected and built, and all 
 
 and
 
 APPENDIX OF PRECEDENTS. - 
 
 and fmgular other the premifes in and by the 
 faid recited indenture of leafe demifed with their and 
 every of their appurtenances ; And alfo all the eflrate, 
 right, title, intereft, term of years yet to come and 
 unexpired, property, claim, and demand whatfoever 
 of them the faid William Player and Thomas Glover, 
 and each of them, of in and to the fame, and every 
 part thereof, TO HAVE AND TO HOLD as well 
 the faid recited indenture of leafe and aflignment 
 thereof, as the faid piece or parcel of ground, mef- 
 fuages or tenements, erections and buildings thereon 
 erected and built, and all and fmgular other the pre- 
 mifes in and by the faid recited indenture of leafe 
 demifed, and by the faid indenture of aflignment af- 
 figned to them as aibrefaid, and all and every other 
 the premifes thereby afligned, or intended fo to be, 
 with their and every of their appurtenances, unto the 
 faid John Kirk, his excecutors, administrators, and af- 
 figns, for and during all the reft, relidue, and remain- 
 der of the faid term of 99 years, in and by the faid 
 herein before recited indenture of leafe demifed and 
 therein yet to come and unexpired ; fubject neverthe- 
 lefs to the rents and covenants in and by the faid re- 
 cited indenture of leafe referved and contained, and 
 which on the tenant or leflee's part and behalf are 
 and ought to be performed, obferved, fulfilled, and 
 Covenant that kept. AND the faid William Player and Thomas 
 they have done Qf over o hereby for themfelves, iointly and feverally, 
 no act to in- , * r r r * 
 
 cumber. and tor their leveral and refpective heirs, executors, 
 
 and adminiftrators, covenant, promife, and agree to 
 and with the faid John Kirk, his executors, adminif- 
 trators, and afligns by thefe prefents, that they the 
 faid William Player and Thomas Glover have not nor 
 hath either of them at any time heretofore made, 
 cione, committed, or fuffered any act, deed, matter, 
 or thing whatfoever, whereby or wherewith or by 
 means or occafion whereof the faid piece or parcel of 
 ground, mefluages or tenements, erections and build- 
 ings, and other the premifes, or any part thereof is 
 are can {hall or may be impeached, charged, or ^cum- 
 bered in title, charge, eftate, or otherwife howfoever. 
 
 AND
 
 APPENDIX OF PRECEDENTS. 315 
 
 AND THIS INDENTURE FURTHER WIT- Afcignment of 
 NESSETH, That the faid William Peat and Charles Sjff * 
 Peat, as well in confidcration of the faid fum of 450/. grantee. 
 fo paid to the faid William Player and Thomas Glover 
 as aforefaid, and of the further fum of ifo/. of law- 
 ful money of Great Britain to them in hand, at or 
 before the fealing and delivery of thefe prefents by the 
 faid John Kirk well and truly paid, the receipt 
 whereof they do hereby acknowledge, and thereof 
 and of and from every part thereof do acquit, releafe, 
 and difcharge the faid John Kirk, his executors, ad- 
 miniftrators, and affigns, by thefe prefents, (which 
 faid feveral fums of 45O/. and I5o/. making together 
 the full fum of 6oo/. they the faid William Peat and 
 Charles Peat do hereby acknowledge and declare to 
 be in full for the abfolute purchafe of the faid annuity, 
 or yearly fum of 6o/. herein before mentioned, and 
 intended to be hereby granted. Out of which faid fum 
 of I5O/. they the faid William Peat and Charles Peat 
 immediately after receiving the fame paid to R. W. 
 
 of g ent tfte f um f 1- ror attendance 
 
 refpe&ing the granting of the faid annuity and for pre- 
 paring and perfecting the feveral fecurities for the fame, 
 and for preparing and inrolling a memorial thereof ;) 
 HAVE and each of them HATH granted, ratified, 
 and confirmed, and by thefe prefents DO and each of 
 them DOTH grant, ratify, and confirm unto the faid 
 John Kirk) his executors, adminiftraturs, and af- 
 figns, the faid piece or parcel of ground, melTuages or 
 tenements, erections and buildings thereon erected 
 and built, and all and fingular other the premifes, with 
 the appurtenances, and all their eftate, right, title, 
 intereft, ufe, pofleffion, reveriion and reveriion?, 
 equity and power of redemption, right, benefit, pro- 
 perty, claim, and demand whatfoever, of in and to 
 the fame, and every part or parcel thereof, TO 
 HAVE AND TO HOLD the faid piece or parcel 
 of ground, mefTuages or tenements, erections and build- 
 ings thereon erected and built, and all and fingular 
 other the premifes, with their and every of their ap- 
 purtenances unto the faid John Kirk, his executors, 
 4 adminiftratorf,
 
 316 APPENDIX OF PRECEDENTS. 
 
 adminiftrators, and affigns, for and during all the 
 reft, refidue, and remainder of the faid term of 99 
 years, in and by the faid recited indenture of leafe 
 granted, and which are therein now to come and 
 unexpired, freed and difcharged of and from all benefit 
 and equity of redemption, UPON THE TRUSTS 
 neverthelefs, and to and for the ends, intents, and pur- 
 pofes, and under and fubjeft to the powers, provisoes, 
 declarations, and agreements hereinafter mentioned, 
 exprefled, and declared of and concerning the fame. 
 Grant of annui- AND THIS INDENTURE FURTHER WIT- 
 uponTe'prc- NESSETH, That in purfuance and performance of 
 mifes. the faid agreement, and for and in confideration of the 
 
 faid fum of 6oo/. paid by the faid John Kirk in manner 
 aforefaid, they the faid William Peat and Charles Peat 
 HAVE and each of them HATH given, granted, bar- 
 gained, fold, and confirmed, and by thcfe'prefents DO and 
 each of them DOTH give, grant, bargain, fell, and con- 
 firm unto the faid 'John Kirk^ his executors, adminif- 
 trators, and afliirns, for and during the natural lives of 
 them jthe faid John Kirk and Maria his wife, and the 
 life of the furvivor of them, one annuity or yearly 
 rent charge or fum of 6o/. of lawful money of Great 
 Britain, to be ifluing, payable, and going out of and 
 had received and taken by him the faid John Kirk y 
 his executors, adminiftrators, anJ affigns, by and out 
 of and from all and fingular the faid piece or parcel 
 of ground, mefluages, or tenements, erections and 
 buildings thereon erected and built, with their and 
 every of their appurtenances, in and by the faid herein 
 before recited indenture of leafe demifed, TO HAVE 
 AND TO HOLD, receive and enjoy the faid an- 
 nuity or yearly rent-charge or fum of 6o/. hereby 
 given, granted, and confirmed, or exprefled fo to be, 
 and every part thereof, unto the faid John Kirk, his 
 executors, adminiftrators, and afligns, from hence 
 forth, for and during the natural lives of them the 
 faid "John Kirk and Maria his wife, and the life of the 
 iurvivor of them, and up to the day of the deceafe of 
 fuch furvivor, by four equal quarterly payments in the 
 year, on the feveral days following, (that is to fay) on 
 
 the
 
 APPENDIX OF PRECEDENTS. 3 l ? 
 
 the day of the day of - 
 
 the day of and the day of 
 
 by even and equal portions, together with fuch pro- 
 portionable part of the faid annuity or yearly rent- 
 charge for the time which at the deceafe of the fur- 
 vivor of them the faid John Kirk and Maria his wife 
 (hall have elapfed of the quarterly payment growing 
 due at the time of the deceafe of fuch furvivor, as in 
 the condition to the faid herein before in part recited 
 bond or obligation mentioned, the faid annuity or 
 yearly rent-charge of 6o/. to be fo paid and payable to 
 him the faid 'John Kirk^ his executors, adminiftrators, 
 or afsigns, at or in the common dining-hall of Lin- 
 coln's Inn in the county of Middlefex^ free and clear of 
 and without making any abatement or deduction 
 whatjfoev.er thereout, or out of any part thereof, for 
 or in refpedt of any taxes, charges, afTcflrnents, pay- 
 ments, or other impofitions whatfoever, now taxed 
 and charged, afTefled or-impofed, or to be taxed, 
 charged, afleiied, or impofed on the faid piece or par- 
 cel of ground, mefTuages or tenements, erections and 
 buildings thereon erected and built, hereby charged 
 therewith, or any of them, or any part thereof, or 
 on the faid annuity or yearly rent-charge 'of 6o/. or 
 any part thereof, or upon the faid John Kirk^ his exe- 
 cutors, administrators, or afsigns, in refpeet thereof 
 by authority of parliament, or otherwife howfoever ; 
 the firft of the faid quarterly payments of the faid an- 
 nuity or yearly rent-charge hereby granted to begin. 
 
 and be made on the day of next en- 
 
 fuing the day of the date of thefe prefents, and fuch 
 proportionable p2rt to be paid immediately after the de-r- 
 ecall of the furvivor of them the faid 'John Kirk and Ma- 
 ria bis wife. AND the faid William Peat and Charles Power of dif- 
 Ptat, for themfelvcs jointly and feverally, and for their. 
 feveral andrefpedtive heirs, executors, and adminiftrators .1 
 do and each of them doth hereby further grant, covenant, 
 and agree to and with the faid "John Kirk, his execu- 
 tors, adminiftrators and afsigns, that in cafe the faid an- 
 nuity or yearly rent- charge of 6o/. hereby granted, or 
 any part thereof fhall happen to be behind and un- 
 
 ' paid"
 
 3 i8 APPENDIX OF PRECEDENTS. 
 
 unpaid by the fpace of 14 days next over or after any 
 or either of the faid days of payment whereon the 
 fame is herein before appointed to be paid as aforefaid ; 
 then and in fuch cafe, and as often as it ihall fo hap- 
 pen, it fhall and may be lawful to and for the faid 
 John Kirk) his executors, adminiftrators, and afligns, 
 into and upon the faid piece or parcel of ground, mef- 
 fuages or tenements, erections, buildings, and premifes 
 fo hereby charged with the payment of the faid an- 
 nuity, or yearly rent-charge, or fum of 6o/. or ex- 
 prefled, or intended fo to be, and every of them, or 
 any part thereof, to enter and diftrain for the fame 
 annuity or yearly rent-charge of 6o/. and all arrears 
 thereof, and the diftrefs and diftrefles then and there 
 found, to take, lead, drive, carry away, and impound, 
 and the fame in pound to detain and keep until the 
 laid annuity or yearly rent-charge of 6o/. and all ar- 
 rears thereof, and all cofts, charges, and expences 
 xvhatfoever fuftained or occafioned by or attending the 
 making, taking, and keeping fuch diftrefs then and 
 there found, fhall be fully paid and fatisfied ; And in 
 default of payment thereof in due time after fuch djjf- 
 trefs fhall be made and taken, to appraife, fell, or 
 otherwife to a& therein according to due courfe of 
 law, in the fame manner in all refpefts as landlords 
 are by act of parliament authorized to do in refpecl: 
 to diftrefTl's for arrears of 'rent upon leafes for years, 
 to the intent that thereby and therewith the faid John 
 Kirk) his executors, adminiftrators, and afligns, fhall 
 and may be fully paid and fatisfied the faid annuity or 
 clear yearly rent-charge of 6o/. and all arrears thereof 
 or fo much thereof as fhall be then remaining due and 
 unpaid, and all cofts, charges, and expences whatfo- 
 cver fuftained or occafioned by the non-payment thereof. 
 AND the faid fFiUia?n Peat and Charles Peat> for them- 
 felves jointly and feverally, and for their fevral and 
 refpeitive heirs, executors, and adminiftrators, do and 
 each of them doth hereby further grant, covenant, and 
 Power of entry agree to and with the faid John Kirk, his executors, 
 
 xn default of , / ,_ < .,.,'., 
 
 payment by 28 adminiftrators, or affigns, that if the laid annuity or 
 -ys. yearly rent-charge of 6o/. <j.r any part thereof, {hall 
 
 be
 
 APPENDIX OF PRECEDENTS. 
 
 be behind or unpaid by the fpace of 28 days next over 
 or after any of the faid days or times appointed for 
 the payment thereof as afore faid, then and in fuch 
 cafe, and as often as it fhall fo happen, (although no 
 formal demand thereof fhall be made) it (hall and may 
 be lawful to and for the faid John Kirk, his executors, 
 adminiftrators, and affigns, into and upon the faid 
 piece or parcel of ground, mefluages, or tenements, 
 erections, buildings, and premifes hereby charged with 
 the payment thereof, or into or upon any of them, or 
 any part thereof, in the name of the whole, to enter, 
 and the fame to have, hold, and enjoy, and the rents, 
 iflues, and profits thereof, and of every part thereof, 
 to receive and take to, and for his and their own ufe 
 and benefit, until he or they fhall be thereby or there- 
 with or otherwife fully paid and fatisfied all arrears of 
 the faid annuity or yearly rent-charge of 6o/. and alfo 
 fo much of the faid annuity or yearly rent-charge of 
 6o/. as fhall accrue and grow due during fuch time as 
 the faid "John Kirk, his executors, admin iterators, and 
 affigns fhall continue in pofleflion of the faid piece or 
 parcel of ground, mefluages or tenements, erections, 
 buildings, and premifes, after fuch entries as afore- 
 faid, together with all fuch lofs, coils, charges, 
 damages, and expences whatfoever as fhall be fuf- 
 tained or occafioned by reafon or means of the non- 
 payment thereof, or of any part thereof, at or on the 
 days appointed for the payment thereof as aforefaid. 
 AND the faid William Peat and Charles Peat, for 
 themfelves jointly and feverally, and for their feveral 
 and refpe&ive heirs, executors, and adminiftrators, do 
 and each of them doth hereby covenant, promife, and 
 agree to and with the faid John Kirk, his executors, ad- 
 miniftrators, and affigns, that they the faid William Peat 
 and Charles Peat, or one of them, fhall and will well and 
 truly pay, or caiiie to be paid, unto the faid John Kirk, 
 his executors, adminiftrators, and affigns, for and dur- 
 ing the natural lives of the faid John Kirk and Maria 
 his wife, and the life of the furvivor of them, the 
 faid annuity or yearly rent-charge or fum of bo/, free 
 and clear of and from all taxes, charges, rates, and 
 
 other
 
 520 APPENDIX OF PRECEDENTS, 
 
 other deductions whatfoever, parliamentary or other- 
 wile, at the place, days, and times, and in manner 
 and form herein before limited and appointed for the 
 payment thereof, together with fuch proportionable 
 Declaration part thereof as aforefaid. AND THIS INDP2N- 
 Sent^madf TURE FURTHER WITN.ESSETH, that for the 
 upon tmft to confiderations aforefaid, and for the further and better 
 permit grantors fecurinff and enforcing the due payment of the faid 
 
 to receive the . => f> , J r 
 
 rents until de- 'annuity or clear yearly rent-charge or lum or oo/. 
 
 fault of pay- hereby granted as aforefaid, it is hereby declared-and 
 
 Blent, and in ? , . ? .. . . -,/, ~ 
 
 default thereof agreed by and between the faid frtmarrf'Peat and 
 
 by 40 days to Charles Peat and John Kirk that the faid John Kirk. 
 
 receive and pay i- i n in- /inn 
 
 the annuity out nis executors, adminiitrators, and afiigns, ihali itand 
 <u the rents. and be poffefled of and in the faid feveral premifes 
 herein before mentioned, and intended to be hereby 
 affigned upon the trufts, and to and for the intents 
 and purposes, and with, under, and fubjecT: to the powers, 
 provifoes, declarations, and agreements herein after 
 mentioned, exprefled, and declared of and concerning 
 the fame, (that is to fay) UPON TRUST to per-" 
 mit and fuffer the faid William Peat and Charles Peat, 
 their executors, adminiftrators, and afligns, to receive 
 and take the rents, iflues, and profits of the faid pre- 
 aiifes hereinbefore mentioned, and intended to be 
 hereby affigned to and for their own ufe and .benefit 
 until feme default fhali happen to be made of or in 
 payment of the faid annuity or yearly rent-charge of 
 . hereby granted, or fome part thereof, at or on 
 the days or times, and in manner herein before limited 
 and appointed for the pavment therereof as aforefaid ; 
 AND UPON FURTHER TRUST, that in cafe 
 V the faid annuity or yearly rent-charge or fum of 6o/. or 
 any part thereof, fhall happen to be behind and unpaid 
 by the fpace of 40 days next over or after any of the 
 laid days or times of payment, or whereon the fame is 
 herein before appointed to be paid as aforefaid, (being 
 lawfully demanded) then and fo often the faid John 
 Kirk) his executors, adminiftrators, and afsigns fhall 
 from time to time by and out of the rents, iffues, 
 and profits of the faid premifes herein before men- 
 tioned, and intended to be hereby afsigned, or by 
 
 demifingj
 
 APPENDIX OF PRECEDENTS. 3 2r. 
 
 demifing, leafing, or mortgaging the faid premifes' 
 herein before mentioned, and intended to be hereby 
 afsigned for and during all or any part of the then re- 
 fidue and remainder which (hall be then to come and 
 unexpired of the faid term of 57 years, or by fuch 
 other ways and means as to him the faid "John Kirk, 
 his executors, adminiftrators, or afsigns {hall feeni 
 meet, raife and levy fuch fum and fums of money as 
 will be fufKcient to pay and fatisfy the faid annuity 
 or clear yearly fum of 6oA or fo much thereof as {hall 
 from time to time happen to be in arrear and unpaid, 
 and alfo all fuch fum and fums of money, lofs, colts, 
 charges, damages and cxpences (if any), as he the laid 
 "John Kirk) his executors, adminiftrators, or afligns 
 mall pay, fuftain, expend, or be put unto, for or by 
 reafon or means of the non-payment of the faid an- 
 nuity or clear yearly fum of 6o/. or any part thereof, 
 at or on the days and times, and in manner herein be* 
 fore exprefied, or appointed for the payment of the 
 fame, or the performance of the trufts hereby declared 
 or exprefled of and concerning the fame premifes herein 
 before mentioned, and intended to be hereby afsigned, 
 or the taking pollefsion and collecting the faid rents, 
 ifliies, and profits thereof, or otherwife howfoever 
 relating thereto, and {hall arid do pay and apply the 
 monies fo to be raifed and levied in or towards the 
 payment or fatisfaction thereof accordingly, and {hall 
 and do pay to, or otherwife permit and fuffer the faid 
 JVilliam Peat and Charles Peat, their executors, ad- 
 miniftrators, and afsigns, from time to time, to re- 
 ceive and take the relidue or furplus of the rents, 
 ill lues, and profits of the faid hereby afsigned premifes, ^ 
 after full payment and fatisfaction of the faid annuity- 
 of 6o/. and all arrears thereof, and all fuch cofts, 
 charges, damages, and expences as aforefaid, to their 
 own proper uie and benefit. PROVIDED AL- Provifc that on 
 WAYS, and it is hereby agreed and declared by ahJ^vSfi^SS 
 between the faid fPiltiam Peat, Charles Peat and and wife, the 
 John Kirk, that from and after the deceafe of the f"r- e *"t" r t s e- 
 vivor of them the faid 'John Kirk and Maria his wife, afsign the pre- 
 and full payment of all arrears of the faid annuity or mifcs Co 8 ran " 
 Y yearly
 
 321 APPENDIX OF PRECEDENTS. 
 
 yearly rent-charge, and fuch proportionable part 
 thereof, and all fuch cofts, 'charges, and expences fuf- 
 tained on account thereof, the executors^ adminiftra- 
 tors, or afligns of the laid John Kirk (hall and will, 
 at the proper cofts and charges in the law of the laid 
 William Peat and Charles Peat^ their executors, ad- 
 miniftrators, or afligns, re-aflign the faid hereby af- 
 figned premifes unto the faid William Peat and Charles 
 Peat, their executors, administrators, or afligns, to 
 and for their own ufe and benefit, freed and difcharged 
 of and from the faid annuity, or yearly rent-charge of 
 Covenant from 6o/. AND the faid William Peat and Charles Peat 
 KjTfll^fy d hereby for themfelves, jointly and feverally, and 
 ground-rent for their feveral and refpecKve heirs, executors, and ad- 
 premifes 8 miniftrators, further covenant, promife, and agree to 
 and with the faid John Kirk, his executors, adminif- 
 trators, and afligns, by thefe prefents in manner fol- 
 lowing, That is to fay, that they the faid William 
 Peat and Charles Peat, or one of them, their, or one 
 of their executors, adminiftrators, or afligns, ihall and 
 will from time to time, and at all times hereafter, 
 during the natural lives of them the faid John Kirk 
 and Maria his wife, and the life of the furvivor of 
 them, pay and difcharge the ground-rent in and by 
 the faid recited indenture of leafe, referved and made 
 payable for the faid piece or parcel of ground, mef- 
 iuages or tenements, and premifes as aforefaid, and 
 allb all taxes and other deductions touching the fame, 
 nd fhall and will favc, keep harmlels, and indemni- 
 fy the faid John Kirk, his executors, adminiftrators, 
 And to keep and afsigns, of and from the fame. AND FUR- 
 thepremife<in-THER, That they the laid William Peat and Charles 
 
 lured in 7001. D < , / 1 i 
 
 and to apply feat, or one ot tiiem, their or one of their heirs, exe- 
 
 the money m cutors, and adminiiirators, at their own proper cofts 
 
 cafe of hi e in , . . ? - 
 
 rebuilding j>xe- an(i charges, ihall and will from time to time, and at 
 
 all times, during the natural lives of the faid John 
 Kirk and Maria his wife, and the life of the furvivor 
 cf them, keep infured the faid hereby afsigned mef- 
 fuages or tenements, erections and buildings, now 
 erected and built, or hereafter to be erected and built 
 
 upon
 
 APPENDIX OF PRECEDENT;:. 323 
 
 >ipon the hid piece or parcel of ground and premife* 
 hereby alsigned from all fire and damage happening 
 thereby, for the full fum of /ooA at the leaft, either 
 in the Sun Fire-office or in fome other good and 
 public fire-office for that purpofe, and in cafe the fame 
 premifes or any part thereof {hall happen to be burnt 
 down, blown up, or damaged by fire during the 
 natural jives of the faid John Kirk and Maria his wife, 
 and the life of the furvivor of them, that then and in 
 fuch cafe they the faid William Peat and Charles Peat} 
 or ore of them, their or one of their executors, admi- 
 riiftrators, or afsigns, {hall and will forthwith lay out 
 all fuch monies infured or to be infured upon the faid 
 premifes in the new building, erecting, and making 
 good all damage fo happening thereto by fuch fire 
 as aforelaid. AND FURTHER the faid ^%* 
 Peat and Charles Peat for themfelves jointly and feve- 
 rally, and for their feveral and refpe&ive heirs, ex- good> 
 ecutors, and admin iftrators, DOTH covenant, pro- 
 mife, and agree to and with the laid John Kirk, his 
 executors, adminiftrators, and affigns, by thefe pre- 
 fents in manner following, that is to fay; That for 
 and notwithstanding any act, matter, or thing by them 
 or either of them had, made, done, committed, or 
 wittingly or willingly fuffered to the contrary, the faid 
 recited indenture of leafe is at the time or" the fealing 
 and delivery of thefe prefents a good and efTedual 
 leafe, valid in the law, of and for the faid premifes 
 hereby affigned, and in no wife furrendered, forfeited, 
 'or become void or voidable in the law^ and that they Am1 th 
 the faid William Peat, Charles Peat, tVilliam grantors 
 Player, and Thomas Glover, fome or one of them, for ! ^) v " t 
 and notwithstanding any fuch act, matter, or thing as 
 afore.aid, now have or hath in themfclves good right, 
 full power^ and lawful and abfolute authority to bar- 
 gaiiiy fellj afligiif transfer, and let over the i'arid piece 
 or parcel of ground, rnerTuages or tenements, erec- 
 tions and buildings thereon creeled and built, with 
 their appurtenances, unto the faid John Kirk, his ex- 
 ecutor?,, adminiftrators, and afsigns, in manner and 
 Y 2 fona
 
 324- 
 
 APPENDIX OF PRECEDENTS. 
 
 grantee to 
 enter. 
 
 And that in form aforefaid ; And that it {hall and may be lawful to 
 
 aud for the C aid 7 ohn Klr ^ his executors > adminiftra- 
 tors, and afligns, during the natural lives of the faid 
 John Kirk and Maria his wife, and the life of the fur- 
 vivor of them, from and immediately after any de- 
 fault or breach in payment of the faid annuity of 6o/. 
 contrary to the true intent and meaning of the faid 
 bond and warrant of attorney, and of thefe prefents, 
 to enter upon the laid hereby afligned piece or parcel 
 of ground, mefluages or tenements, erections, build- 
 ings, and premifeSj and to receive and take the rents, 
 iflues, and profits thereof to his and their own ufe 
 and benefit, for and during and until fuch time as he 
 and they fhall be fully paid and fatisfied all arrears 
 of the laid annuity, and all colls and charges touching 
 the fame in manner as aforefaid, and that without any 
 let, fuit, trouble, damage, moleftation, eviction, dif- 
 turbance, hindrance, or interruption of or by them 
 the faid William Peat and Charles Peat, their executors, 
 adminiftrators, or afligns, or of or by the faid William 
 Player and Thomas Glover, their executors or ad- 
 miniftrators, or of or by any other perfon or perfons 
 lawfully claiming or to claim from by or under them 
 or any of them, or by their or any or either of their 
 acts, means, confent, neglect, default, privity or pro- 
 curement, and that free and clear, and freely and 
 clearly acquitted, exonerated and difcharged, or by 
 them the faid William Peat and Charles Peat, their 
 executors, adminiftrators, or afligns, well and fuffici- 
 ently defended, kept harmlefs, and indemnified of 
 from and againft all and all manner of former and 
 other gifts, grants, bargains, fales, leafes, alignments, 
 furrenders, forfeitures, rents, arrearages of rents, and 
 of and from all other eftates, titles, troubles, charges, 
 and incumbrances, had, made, committed, done, or 
 wittingly or willingly fuffered by them the faid 
 William Peat and Charles Peat or either of them, or 
 by through with or under their or his act, means, con- 
 AmlforAmher j en t, privitv, neglect, default, or procurement. AND 
 FURTHER, That they the faid William Peat and 
 
 Charles
 
 APPENDIX OF PRECEDENTS. 325 
 
 Charles Peat, their executors, adminiftrators, and 
 affigns, and all and every other perfon or perfons law- 
 fully having or claiming or to claim any eftate, right, 
 title or intereft of in to or out of the faid hereby 
 affigned premifes, or any part thereof, by from or 
 under them, fhall and will from time to time and at 
 all times hereafter at the reafonable requeft and at the 
 proper colts and charges in the law of the faid William 
 Peat and Charles Peat, their executors, adminiftrators, 
 and afsigns, make, do and execute all and every fuch fur- 
 ther and other lawful and reafonable act and ats, thing 
 and things, assignments and aflurarices in the law whatlb- 
 ever, for the further, better and more abfolute afsigning, 
 confirming and alluring of the faid piece or parcel of 
 ground, mefluages or tenements, erections, buildings 
 and premifes hereby afsigned with their appurtenances 
 unto the faid John Kirk, his executors, adminiftrators, 
 and afsigns, for and during all the reficlue and remain- 
 der of the faid term of 57 years, which fhall be then 
 to come and unexpired, as by the faid "John Kirk, his 
 executors, adminiftrators, or affigns, or his or their 
 counfel learned in the law (hall be reafonably devifed, 
 advifed, or required, fo as fuch further aflurances or 
 conveyances continue or extend to no further or other 
 warranty or covenant than againft the perfon or perfons 
 making the fame, and fo as fuch perfon or perfons who 
 fhall be required to make the fame be not compelled or 
 compellable to go or travel from their refpecSlive places 
 of abode for the doing thereof. (Add defeasance on the 
 judgment.) AND WHEREAS upon the treaty for ciaufe for re- 
 the purchafe of the faid annuity of 6o/. per annum Jemption of 
 
 i . c . , . J ,, j annuity by m- 
 
 herem before mentioned it was mutually agreed Raiments, not 
 by and between the faid William Peat, Charles lei's than io/. 
 Peat and John Kirk, That the faid William Peat and j^emSSl 
 Charles Peat or either of them, their or either of their rate of half a 
 heirs, executors, adminiftrators, or afsigns, ftiould at year>s annuuy * 
 anytime or times thereafter beat liberty to re-purchafe 
 and buy up the faid annuity or clear yearly fum of 6o/. 
 or any part thereof, not lefs at any one time than io/. 
 per annum, at the rate or price of IC5/. for the pur- 
 chafe of io/. per annum, and fo in proportion for any 
 Y 3 greater
 
 N 
 
 325 APPENDIX OF PRECEDENTS. 
 
 greater or larger fum upon giving the faid yobn A7r, 
 his executors, administrators, or afsigns, three months 
 previous notice of fuch their or his intention to re- 
 purchafe the fnid annuity or any part thereof, until the 
 whole of the faid annuity fhou'd be redeemed. AND 
 THIS INDENTURE FURTHER WJTNES- 
 SETH, That for effectuating the {aid agreement, and 
 for the confideration aforcfaid, it is hereby agreed and 
 declared between and by the faid William Peat^ 
 Charles Pfat y and yobn Kir^ to be the true intent 
 and meaning of them and of thefc prcfents, and the 
 faid John Kirk for himfelf, his heirs, executors, and 
 adrniniirrators, DOTH hereby covenant, promife, 
 and agree to and with the faid fffllliam Peat and 
 Charles Peat, their heirs, executors, adminiilrators, 
 and afsigns, and every of them, that in cafe the faid 
 William Pcai and Gaarlet Peat or either of them, 
 their or either of their heirs, executors, adminirtra- 
 tors, or afsigns, {hail at any time or times hereafter 
 be minded and defirous of re-purchaling the faid an-* 
 nuity or yearly fum of 60*. or any part thereof (not 
 Jefs than TO/, per annum) and of fuch his or their in, 
 tention (ball give the faid John Kirk^ hisr heirs, ex- 
 ecutors, adminiftrators, or afsigns, three months' pre- 
 vious notice in writing of what part of the faid an- 
 nuity they the faid ff'illlam feat' and Ghnrks Pent, 
 their heirs, executors, adminiftrators, or afsigns, fhall 
 be defirous of re-purchafmg (not lefs than io7. per an- 
 num) that then he -the faid "J-ohn Kirk^ his heirs, ex- 
 ecutors, adminiftrators, or afsigns, {hall and will from 
 time to time on receiving fuch fum and fums of money as 
 fhall be due for the faid annuity, and all arrears there- 
 of, up to the day of re-purchafmg fuch part or parts 
 thereof at the expiration of fuch three months from 
 the time of giving fuch notice or notices, accept, re- 
 ceive, and take IO5/, for the re-rxurchafe of ic/. per 
 annum of the faid annuity, and fo in proportion for 
 any greater fum that fhall be expreiled in fych notice 
 or notices, and (hall be fo defired to be paid off as 
 aforefaid, and on receipt of fuch re-purchafe money 
 for any fuch part or parts of the faid annuity as afore- 
 
 faid,
 
 APPENDIX OF PRECEDENTS. 
 
 faid, that he the faid John Kirk^ his heirs, executors, 
 adminiftrators, or afsigns, fhall and will from time to 
 time at the coils and charges of the faid William Peat 
 and Charles Peat y their executors, adminiftrators, and 
 afligns, execute fiich reafonable and proper aflignments 
 of, and declarations of truft as to fuch part or parts of the 
 faid annuity as fhall be fo re-purchafed unto fuch perfori 
 or perfons as they the laid William Peat and Charles 
 Peat) their executors, adminiftrators, or afligns, (hall di- 
 rect or appoint, and fhall and will from time to time 
 releafe and difcharge the faid William Peat and Charles 
 Peat, their executors, adminiftrators, and afligns, and 
 the faid leafehold premifes from the payment of fuch part 
 or parts of the laid annuity as fhall be fo re-purchafed as 
 aforefaid, and on receipt of the whole of fuch re- pur- 
 chafe money as well the fuidannuity or yearly fum of 6o/. 
 as the faid recited bond or obligation, and this prefent 
 indenture and the trufts thereof, and every covenant, 
 claufe, matter or thing whatfoever therein contained, 
 {hall ceafe, determine, and be void, and the faid John 
 Kirk, his executors, adminiftrators, or afsigns, ihall and 
 will deliver uptothe faid William Peat and Charles Peat y 
 their executors, adminiftrators, or afsigns, the faid re-, 
 cited bond or obligation to be cancelled or deftroyed, and 
 alfq at the proper cofts and charges in the law of the 
 faid William Peat and Charles Peat^ their executors, 
 adminiftrators, or afsigns, re~afsign the faid recited in- 
 denture of leafe to the faid William Peat and Charles 
 feat) their executors, adminiftrators, or afsigns, and 
 acknowledge, or caufe fatisfaftion to be acknowledged 
 on the record of the faid judgment, that fhail be 
 entered up by virtue of the faid warrant of attorney. 
 Jn witnefsj &c. 
 
 Y 4 No.
 
 APPENDIX OF PRECEDENTS. 
 
 No. XXV, 
 
 GRANT of ANNUITY jfor the Lives of Tico 
 
 Nominees charged upon a Leafihold Ejiate ; 
 
 and an ajjignment of the fame Effate, and 
 
 . a Policy of Infurance to a Truftee. upon 
 
 y / / -/ j 
 
 Truft for fecuring Annuity, and containing 
 a Covenant from the Grantor to keep the 
 Premi/es infixed. 
 
 Parties. THIS INDENTURE TRIPARTITE made, &c. 
 
 between Harry sttlivood> of, &c. gent, of the firft partj 
 
 "John Scott, of, &c. gent, of the fecond part; andl 
 
 Recital of a James Mill, of, &c. gent, of the third part. WHERE- 
 
 leafe. ^ ky. indenture of leafe bearing date on or about 
 
 the day of in the year of our lord 
 
 and made or exprefled to be made between 
 
 Charles South, of, &c. Efiq. of the one part, and 
 William Alliuood of the fame place, gent, of the other 
 part. The faid Charles South for the confederations 
 herein mentioned, did demife, grant, leafe, and to 
 farm lett unto the faid William Alhvood y his executors^ 
 adminiftrators, and afligns, all that timber-yard, garr 
 den, coal-yard, liable, and premifes, with their and 
 dVery of their appurtenances, fituate, &c. and ail v/ays, 
 &c. TO HOLD the fame unto the faid William s;l!~ 
 iuod, his executors, adminiftrators, and affigns from 
 the feaft of St. Michael the archangel then next enfu- 
 ing, for and during and unto the full end and term of 
 200 years from thence next enfuing, and fully to be 
 complete and ended at and under the yearly rent of 
 3o/. clear of all deductions whatfoever, payable to the 
 faid Charles Sottth> his heirs or afligns, by half yearly 
 And aflign- payments as therein mentioned. AND WHEREAS 
 
 ment thereof by indenture of ainVnment bearing date the 
 
 to the grantor. , . & . r , 
 
 day pi - : in the year of our Lord and 
 
 made
 
 APPENDIX OF PRECEDENTS. 329 
 
 made or mentioned to be made between the faid William 
 SHlivood of the one part, and the faid Harry Alhvood 
 of the other part, whereby after reciting the faid in- 
 denture of leafe, IT IS WITNESSED, That the faid 
 William Allwood for the confiderations therein men- 
 tioned, did grant, bargain, fell, aflign, transfer, and 
 fet over unto the laid Harry Allwwd, his executors, ad- 
 miniftrators, and affigns, all that the faid timber-yard, 
 garden, coal-yard, ftable, and all and fmgular other 
 the premifes mentioned and comprifed in the faid re- 
 cited leafe, with their and every of their appurtenances 
 thereunto belonging, together with the faid indenture 
 of leafe ; And all the eftate, right, title, intereft, term 
 and terms of years then to come and unexpired, ufe, 
 truft, property, pofTeffion, claim, and demand whatfoever, 
 both at law and in equity of him the faid William All- 
 ivoojy of in to and out of the faid premifes, every or 
 any part or parcel thereof, TO HOLD the fame unto 
 the laid Harry Allu>ood y his executors, adminiftrators, 
 and afligns, from the day of the date thereof, for and 
 during all the reft, refidue, and remainder of the laid 
 term of 200 years, by the faid indenture of leafe 
 granted as aforefaid, therein then to come and unex- 
 pired, fubje& neverthelefs to the rents, covenants, and 
 agreements, in and by the faid recited indenture re- 
 ferved and contained on the leflees part to be paid, peiv 
 formed and kept, as by the faid indentures relation 
 being thereunto refpectively had will more fully and 
 at large appear. AND WHEREAS the faid Harry An( j t ^ t grlrv . 
 Allwwd hath lately eredled and built upon the faid tim- tor hath built 
 ber-yard, garden, coal-yard, and premifes, a mefluage Ullfe".' ep ' e 
 or tenement, warehoufes and other buildings which are 
 now in his own occupation; And alfo three other mef- 
 fuages or tenements, ftable and workfhop, now in the 
 
 fcveral tenures or occupations of and . R er .ita! of 
 
 AND WHEREAS the faid John Scott hath contracted contra* for 
 
 ' i -i i r \ "i in r i_ i f annuity, to he 
 
 ana agreed with the Jaia fiarry Allwood ior the pui'chaie ufuing'oiu of 
 of nn annuity, or yearly rent-charge of 6o/. to be i flu ing c . he [""einiies 
 and payable out of the faid timber-yard, garden, coal- t J nominee", 
 yard, liable, and premifes, ami the faid mefluagcs or 
 tenements, erections, ^nd buildings thereon erected 
 
 and
 
 33 o APPENDIX OF PRECEDENTS. 
 
 and built, and herein before defcribed to be fecured as 
 
 hereinafter mentioned, and to be paid to the faid John 
 
 St'ctt, his executors, adminiftrators, and afligns, for 
 
 and during the natural lives of Elizabeth 'Jr'igg and 
 
 Sitrah Triggy daughters of Elizabeth Trigg, of, &c. 
 
 widow, and the life of the furvivor of them, together 
 
 with fuch proportionable part thereof as hereinafter 
 
 mentioned, at or for the price or fum of 48o/. out of 
 
 An.Itofefnr- which, &C. (State the expetices.) AND WHEREAS 
 
 ther fecured by it was agreed upon the treaty for the purchafe of the 
 
 judgment'l'l* ^ a '^ annuity, That the fame fhould be further fecured 
 
 gjantor. by die bond or obligation of the faid Harry All-wood 
 
 find- a warrant of attorney to confefs a judgment 
 
 thereon. (Rtvite the bend and warrant of attorney, ddd 
 
 gran', of annuity ', Precedent XXXL siiid covenant to 
 
 pay f am?. / nd the towers of dtflrefs and cntr\^ Precedent 
 
 Aimrnmentnf No. XXIV.} AND THIS INDENTURE FUR- 
 
 *JJ52" f !j to THER WITNESSETH, That for the confiderations 
 
 grantor, upon aforefaid, and for the further and better fecuring and 
 
 truft for let u.- .enforcing the due and punctual payment of the faid an- 
 
 me" iiniiViitv* 
 
 nuity, or clear yearly rent-charge of 60 /. hereby granted 
 as aforefaid-, And alfo in confideration of the fum of 
 l os. of like lawful money of Great Britain to the faid 
 Harry Alkwod. in hand, paid by the faid James Mill 
 at or before the fealing and delivery of thefe prefents, 
 the receipt whereof is hereby acknowledged ; He the 
 faids-i/rtrry /tllivood (at the nomination and by the di- 
 rection f the faid "fohn Scott, teftified by his being a 
 party to and executing thefe prefents), hath bargained, 
 ibid, affigned, transferred, and fet over; And by thefe 
 prefents DOTH, &c. unto the faid Jtmes Mill* his 
 execxitors, adminiftrators, and afligns, ALL that the 
 faid timber-yard, garden, coal-yard, liable, and pre- 
 Tnifes, together with the faid mefluages or tenements, 
 w erections, and buildings thereon erected and built 
 herein before defcribed with all and fingular the appur- 
 tenances, TO HAVE AND TO HOLD the faid tim- 
 ber-yard, garden, coal-yard, ftable, and premifes, and 
 the faid mefluages or tenements, erections, and buildr 
 ings thereon erected and built, hereby bargained, fold, 
 affigned, transferred, and fet over or meant, mentioned, 
 
 or
 
 APPENDIX OF PRECEDENTS. 331 
 
 er intended fo to be, with their and every of their 
 rights, members, privileges, profits, commodities, ad- 
 vantages, emoluments, and appurtenances unco t:,>e faid 
 James Mi// t his executors, adminiilrators, and ailigns, 
 from henceforth for and during all the rdt, rsjfidue, and 
 remainder now to come and unexpired of the faid term 
 of 200 years, in and by the faid recited indenture of 
 leafe granted and demifed, if they the faid Elizabeth 
 'Trirg and Sarah Trigg or the furvivor of them fhall 
 fo long live; but neverthelefs upon the feveral trufts> 
 and for the ends, intents, and purpofes, and under 
 and fubject to the provifoes, declarations, and agree- 
 ments hereinafter declared or exprcfled of and con- 
 cerning the fame, (that is to fay) UPON TRUST 
 (The Jame as in Precedent No. XXI F. Add : tenant > 
 that grantor hath done no afl to incnmber ; that he is 
 lawfully feifed for the refidue of the tsrm\ that he hath 
 right to charge the prtmtfa^ for quiet enjoyment after 
 default in payment of fnid annuity and for further <ffai<~ 
 ranee.} AND WHEREAS by a certain inftrument Recital of a 
 
 or policy of infurance under the hands and feals of. cer- P" llc y ()t " ; fa- 
 i- o r i n -r-i- s**rr i i i I'-'iice, w hereby 
 
 tain directors of the oun Fire-Omce, bearing date the the pennies . 
 
 day of , in the year of our Lord ? in j uie <i 
 
 XT i n- j h ' om 11I ' e - 
 
 Xvio. -. the melluages or tenements, erections and 
 
 buildings herein before mentioned and affignecl, are to- 
 gether with other tilings infured from iofs and damage - 
 
 by fire in the fum of '. in the name of hj^a the 
 
 faid H^rry Ail WM <l. AND THIS ONPIJJOTRE Sf 
 FURTHER WITNESSETH, That for the confide- tec, upon 
 rations aforefaid, and the better to feciire the payment money in'rei 
 of the faid annuity, or yeai'ly fum of 60'. herein be- Building pie- 
 fore granted; And alfo in confederation of IQJ-. to the nille!i - 
 faipd Harry Atlwcod^ in hand paid by the faid 'John 
 Scott, he the faid Harry j^llwiofi. DOTH affign, trans- 
 fer, and fet over, all that the faid policy of infurance, . 
 and all benefit and advantage arifing therefrom, UPON^ 
 TRUST neverthelefs, to gay, apply, and difpofe of 
 the money to be received thereby or therefrom in re- 
 pairing or rebuilding the faid premifes, in c5fe the fame 
 
 iliall
 
 332 APPENDIX OF PRECEDENTS. 
 
 Covenant from fl^ll be damaged or deftroyed by fire. AND the fai4 
 
 will 'keep "tlie* -Harry Allwood doth hereby for himfelf, his heirs, ex- 
 
 premifes iniur- ecutors, and adininiftrators, covenant, promife, and agree 
 
 andTrThyouc * anc ^ with the faid John Scott, his executors, admi- 
 
 the money on niftrators, and afligns, that he the faid Harry Allwood 
 
 fe$> (hall and will at his and their own cofts and charges 
 
 during the faid term of 200 years, in and by the faid 
 
 recited indenture of leafe granted, (if the faid Elizabeth 
 
 Trigg and Sarah Trigg, or the furvivor of them fhall fo 
 
 long live) keep the faid hereby affigned premifes in- 
 
 fured from lofs or damage by fire, in the faid Sun Fire- 
 
 Office or fome other public Infurance Office, in the full 
 
 fum of /. and fhall and will lay out and expend or 
 
 caufe to be laid out and expended in and by the faid 
 premifes, all fuch fum and fums of money as fhall or 
 may be received or recovered therefrom, for the more 
 effectually fecuring the payment of the faid annuity, or 
 yearly fum of 6o/. (Add deferfance on judgment and 
 clatife of redemption.} In witnefs, &c. 
 
 CHAP.
 
 APPENDIX OF PRECEDENTS. 
 
 CHAP. XL 
 
 GRANTS OF ANNUITY CHARGED UPON 
 COPYHOLD ESTATES, WHERE THE GRAN- 
 TORS ARE SEISED IN FEE OR FOR LIFE. 
 
 No. XXVI. 
 
 GRANT of an ANNUITY fecured upon a 
 Copyhold Eft ate for the Life of the Grantor. 
 
 1 HIS INDENTURE made, &c. between P&*> Parties . 
 Jfakefield, of, &c. Efq. of the one part, and Edward 
 Rce, of, &c. Efq. of the other part. WHEREAS at Recital of 
 
 a general court leet and court baron held of the manor S r ? tor ' s a<J - 
 
 o million. 
 
 or on the 2d day or ju!y, 1789, it was pre- 
 
 fented by the homage that "John lVakefieid y then one of 
 the cuftomary tenants of the faid manor, died feized 
 of all that cuftomary mefluage, &c. fituate, lying, 
 and being within the faid manor, which were thereto- 
 fore the eftate of Jofeph Wakefie'd deceafed; and that 
 upon his death, the faid Ph'Mp Wakefie'.d his fon, be- 
 came intitled to the fame premifes for his life, under 
 and by virtue of a furrender made by the faid Jcbn. 
 /, at a court holden for the faid manor, on the 
 day of 1 7%5> to tne u f e f a certain 
 
 indenture bearing date the day of 
 
 in the fame furrender particularly mentioned and fet 
 forth ; At which court the faid Philip Wakefie'd hum- 
 bly prayed of the lord to be admitted tenant to all and 
 every the fame prernife* fo furrendered by the faid 
 
 John
 
 334 APPENDIX OF PRECEDENTS. 
 
 Join H'atyie'd his father, on the faid day of 
 
 1785, to the ufes of the faid indenture. To 
 
 whom the lord by his ileward granted feifm by the 
 rod, to hold unto the faid Phi Up l-^'akefield and his a* 
 figns, for and during the term of his natural life, ac- 
 cording to the tenor and true intent and meaning of 
 the laid indenture by the rod, at the will of the lord 
 according to the cuftom of the faid manor', by the 4 
 rents, cuftoms, and fervices thereof due and of right 
 occuitomed. AND WHEREAS the faid Edward 
 SwSafoc Roe hath contracted and agreed with the faid Phiip 
 purchase of an- Wakefifld, for the purchafe of one annuity or clear 
 yearly fum of 50'. of lawful money of Great Britain, 
 to be paid to the faid E. R. Mores, his executors, ad- 
 miniftrators, and afligns, free from taxes, and clear 
 of all other deductions whatfoever, for and during the 
 natural life of him the faid Phiip Jt'akefie'd, to be fe- 
 cured by the bond or obligation of the faid Phi ip 
 IVakeJie d, and a warrant of attorney for entering up 
 judgment thereon; and by a furrender of the faid co- 
 pyhold premifes UPON TRUST as hereinafter men-* 
 tioned, at or for the price or fum of 350.'. out of 
 which faid fum of 350.'. it was agreed upon the treaty 
 for the purchafe of the faid annuity, that all cofts, 
 charges, and expcnces attending the faid contract, and 
 for preparing and perfecting the feveral fecuritiesforthe 
 fame, and making fuch furrender, and alfo for preparing 
 and inrolling a memorial thereof, fhould be borne and 
 paid by the laid Philip Wi-.ltejidd. (Recite the bond for 
 Coniideratit n. payment of annuity and nv want of Attorney.) NOW 
 THIS INDENTURE WITNESSETH, that in pur* 
 fuance of the faid agreement, and for and in confede- 
 ration of the fum of 35O/. of lawful money of Great 
 Britain, by the faid Edward Roe to the faid Phi'ip 
 Ifaikefield in hand well and truly paid at or before thy 
 fealing and delivery of thefe prefents, the receipt 
 whereof he the faid Phiip ll'tkefie.d, doth hereby ac* 
 knowledge, and -thereof and of and from the fame and 
 every part thereof, DOTH acquit, releafe and dif* 
 charge the faid E. .'.'. oc, his heirs, executors, ad- 
 zniniilratovs, and afiijas, and every of them for ever 
 
 by
 
 APPENDIX OF PRECEDENTS. ,33 
 
 by thefe prefents (out of which laid fum of 350'. he the 
 faid Philip Waktfie'.d immediately after receiving the 
 
 fajne, paid unto R. IV. of the fum of .'. 
 
 for attendances refpecUng the granting of the laid an- 
 nuity, and for preparing and perfecting the feveral fe- 
 curities for the fame, and for the expence paid by him 
 for the furrender hereinafter mentioned, and alfo for 
 preparing and inrolling a memorial of thefe prefents 
 and the feveral other lecurities), he the faid Phiip 
 ff^akefie!d doth hereby for himfelf, his heirs, executors, 
 and adminiftrators, covenant, promife, and agree to 
 and with the faid Edward Roe, his executors, a^^^n^wmho 
 niilrators, and afligns, That he the faid Phi'ip J'^ake-w\\\. furrender 
 yWmall and will at the requeft of the faid E tff^c<jfi f 
 Roe, his executors, adminiftrators, or afiigns, but at the cuilomof 
 the proper coils and charges of the faid Phi.ip IJ/ake- the niani)r - 
 field, furrender into the hands of the lord or lords, 
 
 lady or ladies of the faid manor of for the 
 
 time being, according to the cuftom of the faid manor, 
 
 all that the faid herein before mentioned cuftomary 
 
 mefiuage or tenement, &c. fituate, lying, and being 
 
 within the faid manor, to the ufe of the faid wia&Totftifeof 
 
 Roe, his heirs, executors, adminiftrators, and afligns, th e grantee, for 
 
 for and during the natural life of him the faid Philip Jj n .. of thc 
 
 JVakefie'.d at the will of the lord, according to the cuf- J 
 
 torn of the faid manor, UPON CONDITION never- uj> on condi- 
 
 thelefs that if the faid Philip IVakefield^ his executors, tMn > ti^t if 
 
 adminiftrators, and afligns, did and (hould well and annuity agreea- 
 
 truly pay or caufe to be paid unto the faid E. Roe, b^-iothe k>nj, 
 
 hj -n. rr ^T / j then, the Uir- 
 
 is executors, admmiltrators, or alngns, tlie laid an- render to be 
 
 nuity or yearly fum of 5o/. in manner and form in the v-0itl - 
 faid recited bond mentioned and appointed for payment 
 thereof, then the faid furrender ihould be void; And 8 ut i n default 
 it is hereby declared and agreed by and between the there f - 
 faid parties to thefe prefents, that in cafe default {hall 
 be made in payment of the faid annuity or yearly fum 
 of 5o/. according to the condition of the laid recited 
 bond and herein before mentioned, then and in luch 
 cafe lie the faid Edward Roe, his executors, adminif- 
 trators, and afligns, (hall ftand feized and pofleiTed of 
 the faid mefluage, &c. and all and every the premifes 
 3 herein
 
 33 6 APPENDIX OF PRECEDENTS. 
 
 Tii.-n upon herein before mentioned UPON TRUST, by and out 
 unit our of the o f t h e ren t s , iflues. and profits, of the laid mefluage, 
 rents* to nut .- i r T \ \ c 
 
 andp-iyiiiir.!-!! &c. and all and every the fame premilcs herein before 
 
 ji.^.iiiiuu, . k iu! covenanted to be furrendered, or any part or parts 
 thereof, or by mortgage or idle thereof, or of any part 
 'or parts thereof, or by all or any of the fame ways and 
 means, or by whatfoever ways and means as to him 
 the faid Edward Roe, his executors, adminiftrators, or 
 aifigns, (hall feem meet, railc and levy fuch fum and 
 lums of money as {hall be futlicient to pay and fatisfy 
 the faid annuity or yearly fum of 5O/. fecured by the 
 faid bond, or fo much thereof as (hall from time to 
 time happen to be in arrear and unpaid at the days 
 and times in and by the condition, to the faid bond 
 or obligation mentioned and appointed for payment 
 thereof. And alfo all fuch fum and fums of money, 
 -lofles, cofts, charges, damages, and expences (if any) 
 as the faid Edward Roe, his executors, adminiftrators, 
 or afligns, or any of them, mould pay, fuftain, expend, 
 or be put unto, for or by reafon or means of the non- 
 payment of the faid annuity or clear yearly fum of 50?. 
 or any part thereof, at or on the days and times, and 
 in the manner in and by the faid condition to the 
 faid bond appointed for the payment of the fame, or 
 the performance of the trulls hereby declared or ex- 
 pelled of and concerning the faid premifes herein be- 
 fore covenanted to be furrendered or otherwife howib- 
 ever relating thereto, and (hall and do retain pay and 
 apply the monies fo to be railed in payment and fatis- 
 And fubjeft faclion thereof accordingly, and fubjecl to the trull 
 for e jr5ntor lr a " d aforefaid, the faid melTuage, &c. and all and every the 
 fame premifes herein before covenanted to be furren- 
 dered, mail be IN TRUST for the faid Philip JFaktfeld 
 and his afligns, for and during the term of his natural 
 
 ' 
 
 C " Ve entof an lifc * AND the faid P ' hil 'P #"*'cM' for himfelf, his heirs, 
 Cn executors, and adminillrators, doth hereby covenant, 
 
 promife, and agree to and with the faid Edward Roc, 
 his executors, adminiftrators, and afligns, by thefe 
 prefents, That he the faid Philip Ifakefieldi his heirs, 
 executors, or adminiftrators, fluMl and will well and 
 truly pay or ca.ufe to be paid unto the faid Edward 
 5
 
 APPENDIX OF PRECEDENTS. 
 
 Ki3 executors, adminiftrators, or afligns, for and during 
 the natural life of him the faid Pkilip Wakefielct t one 
 annuity or yearly fum of jc/j of lawful money of Great 
 -Britain, free and clear df and from all taxes, charges, 
 fates and other deductions whatfoever, parliamentary 
 or otherwife, on four days or times in the year, that is 
 
 to fay, on the day of the ' ' day 
 
 of : 1 the day of and the < - 
 
 day of in every year by even and equal 
 
 portions, the firft payment thereof to begin and be made 
 
 on the ^ day of now next enfuing the date of 
 
 thefe prefents, together with fuch proportionable part of 
 
 the faid annuity or yearly fum of 50/4 for the time which 
 
 at the deceafe of the faid Philip IVakefield fhall have 
 
 elapfed, of the quarterly payment of the fame annuity 
 
 growing due at the time of his deceafe, as in the faid 
 
 condition to the faid herein before in part recited bond or 
 
 obligation mentioned. AND the faid Philip Wakefield Covenant that 
 
 for himfelf, his heirs, executors, and adminiftrators,' gp" tor '^'^ 
 
 doth covenant, promife, and agree to and with the f or life, accord- 
 
 faid Edward Roe, his executors, adminiftrators, and ^s to f tl \f cdf " 
 _ i i r r r-ii-i torn of the 
 
 aragris, by thele prefents, in manner following, that manor, 
 is to fay, That he the faid Philip Wakefield at the 
 time of the fealing and delivery of thefe prefents is, 
 and ftands lawfully and rightfully feifed of and in or 
 Well intitled unto the faid meffuage, &C. and all and 
 every the fame pfemifes herein before covenanted to be 
 furrendered of a good eftate of inheritance in poffeffion 
 for his life, according to the cuftom of the faid manor, 
 without any condition, ufe, truft, power of revo- ^ 
 
 cation, limitation of new or other ufe or ufes, or any 
 other reftraint, matter, caufe, or thing whatfoever, 
 which can or may defeat, alter 1 , change, revoke, de- 
 termine, make void, or incumber the fame, or any part 
 or parts thereof. AND ALSO That he the faid Philip And hath 
 Wakeficld, now hath in himfelf good right, full power, P'JJ [ J ur - 
 and lawful and abfolute authority to furrender all and fame upon the 
 fmgular the faid mefluage, &c. and all and every the trurts 
 fame premifes herein before covenanted to be furren- 
 dered as aforefaid, with the appurtenances to the ufe of 
 the faid Edward Roe, his executors,- adminiftrators, 
 
 z and
 
 33 g APPENDIX OF PRECEDENTS. 
 
 and afligns, for and during the natural life of the faid 
 Philip Wakffield, UPON THE TRUSTS and to and 
 for the intents and purpofes herein before mentioned, 
 exprefled, and declared of and concerning the fame, 
 according to the true intent and meaning of thefe pre- 
 And that the fents> ANJ ) FURTHER, That the faid mefluage, 
 
 fame fhall con- . Lr T i i -, 
 
 tmuefotobe &c. and all and every the iame premues herein berore 
 
 upon the truft* covenanted to be furrendered, ihall and lawfully may 
 
 aforel.ui!, free r . . r ' . 7 
 
 from incum- irom time to time and at all times hereafter remain 
 brances. continued, and be to the ufe of the faid Edward R$e } 
 
 his executors, adminiftrators, and afligns, for and dur- 
 ing the natural life of the faid Philip Wakefield, UPON 
 THE TRUSTS and to and for the intents and pur- 
 pofes herein before mentioned, exprefled, and declared 
 of and concerning the fame, and fhall and may be ac- 
 cordingly, peaceably, and quietly had, held, and en- 
 joyed, without the lawful let, fuit, hindrance, inter- 
 ruption, or denial of him the faid Philip Wakejield^ or 
 his afligns, or any other perfon or perfons whomfoever, 
 and that free and clear and freely and clearly acquitted, 
 exonerated, and difcharged, or otherwife, by him the 
 the faid Philip Wdkefield> his heirs, executors, or ad- 
 miniftrators, well and fufficiently faved, defended, kept 
 harmlefs, and indemnified of from and againft all and 
 all manner of former 'and other gifts, grants, bargains, 
 fales, mortgages, furrenders, jointures, forfeitures, 
 free-bench, ufes, intails, rents, arrears of rent, fta- 
 tutes, judgments, recognizances, titles, charges, and 
 incumbrances whatfoever had, made, done, or com- 
 mitted, or wittingly or willingly fuffered by the faid 
 Philip Wakefeld, or any other perfon or perfons 
 whomfoever, by through or with his at, means, 
 c , default, procurement, or privity. AND MORE- 
 
 further affu-' OVER, That he the faid Philip Wakefield fhall and 
 will from time to time and at all times hereafter, at and 
 upon the reafonable requeft of the faid Edward Ros, 
 his executors, adminiftrators, or afligns, but at the 
 proper cofts and charges of the faid Philip 11/axejield, 
 his heirs, executors, adminiftrators, or afligns, make, 
 do, acknowledge, levy, fuffer, and execute, or cauic 
 or procure to be made, done, acknowledged, levied, 
 
 fuffered
 
 APPENDIX OF PRECEDENTS. 339 
 
 fufrered and executed, all and every fuch further arid 
 other lawful and reafonable at and ats, thing and 
 things, conveyances, furrenders, and aflurances, in the 
 law whatfoever, for the further and better more per- 
 fect and abfolute furrendering and afluring the faid 
 mefluages, &c. herein before covenanted td be furreii* 
 dered with their and every of their appurtenances, to 
 the ufe of the faid Edward Roe, his executors, admi- 
 in'ftrators, and afligns, during the life of him the 
 faid Philip Jf^akefield, on the conditions upon the 
 trufts, and to and for the intents and purpofes herein 
 before mentioned, exprefled, and declared of and con- 
 cerning the fame, as by the faid Edward Roe, his ex- 
 ecutors, adminiilrators, or affigns, or his or their 
 counfel learned in the law fhall be reafonably devifed 
 or advifed and required. (Add defeafance on the judg- 
 ment and claufe of redemption, on payment of half a year's 
 annuity.] 
 
 No, XXVIL 
 
 DEEI) of COVEN ANT to fur render d Copy- 
 hold EJlate of Inheritance, for fecut'ing an 
 Annuity for two Lives, (the yearly Value 
 of the Eft ate being lefs than the Annuity); 
 containing a Power of Sale in Default of 
 Payment, and a Power to inveji the Money 
 in the Purchafe of Stock or other Securi* 
 ties, to keep down the Annuity, where the 
 Conjideration is paid by a Banker's Cheque. 
 
 THIS INDENTURE made, &c. between Thomas 
 Batten, of, &c.' of the one part, and George Kemp, of, p arties 
 
 &c. of the other part. WHEREAS the faid 'Thomas 
 
 . .. .- , r 11 i i i i Recital mat 
 
 Batten is leued of or well mtitled to the inheritance in S ra:uoi isieifei 
 
 pofleflion, according to the cuftom of the manor of L oi * c pvhoid 
 
 _ .,. eflate ot mi- 
 
 z a poflemon, I1U ace.
 
 34 o 
 
 annuity. 
 
 lanker-s 
 
 APPENDIX OF PRECEDENTS. 
 
 in the county of E/ex, of and in two moieties or half 
 parts of the feveral pieces or parcels of land and here- 
 ditaments hereinafter covenanted to be furrendered. 
 AND WHEREAS the laid George Kemp hath con- 
 tracled and agreed with the faid '1 homos Batten, for the 
 purchale of one annuity or yearly fum of ioo/. of 
 lawful money, &c. to be paid to the faid George Kemp, 
 his executors, adminiftrators, and afligns, free from 
 taxes and clear of all other deductions whatfoever, for 
 and during the natural lives of him the faid George 
 Kemp, and Mary Kemp and IVilllam Kemp, children of 
 the faid George Kemp, and the life of the furvivor or 
 longell liver of them to be fecured by the bond or 
 obligation of the faid Thomas Batten, and a warrant of 
 attorney for entering up a judgment thereon, and by a 
 furrender of the faid copyhold premifes, UPON 
 TRUST as hereinafter mentioned, at or for the price 
 or fum of poo/, out of which fai 1 fum of poo/, it was 
 agreed that all cofts, charges, and expences, attending 
 the faid contract, and for preparing and perfecting the 
 feveral fecurities for the faid annuity, and for making 
 the faid furrender, and alfo for preparing and inroiling 
 a memorial thereof, fliould be borne and paid by the 
 laid Thomas Batten. (Recite bond and warrant of attor- 
 ney.) NOW THIS INDENTURE WITNESSETH, 
 That in purfuance of the faid agreement, and for and 
 in confideration of the fum of poo/, of lawful money, 
 ice. by the faid George Kemp in his own proper perfon 
 to the faid Thomas Batten in his own proper perfon, 
 in hand well and truly paid at or before the fealing and 
 delivery of thefe prefents, in manner following (that is to 
 fay) by a draft or cheque bearing even date with thefe 
 prefents, drawn by the faid George Kemp on Meflrs. Coutts 
 andCo. bankers, in the Strand, for the faid fum of poo/. 
 payable to the faid Thomas Batten or bearer, on demand, 
 the receipt whereof he the faid Ihontas Batten doth 
 hereby acknowledge, and thereof and of and from the-' 
 fame and every part thereof, doth acquit, releafe, and 
 difcharge the faid George Kemp, his heirs, executors* 
 adminiftratorsv and affigns, and every of them by thefe 
 prefents, out of which faid fum of .poc/. the faid
 
 APPENDIX OF PRECEDENTS. 34 x 
 
 Thomas Batten immediately after receiving the fame, 
 
 paid to A, B. of, &c. gent, the fum of ~/. for 
 
 attendances refpetiting the granting of the laid annuity, 
 and for preparing and perfecting the feveral fecu- 
 rities for the fame, and for the furrender hereinafter 
 covenanted to be made, and alfo for preparing and in- 
 rolling a memorial thereof, hethefaid '1'homas Batten 
 DOTH hereby for himfelf, his heirs, executors, and ad- Covenant to 
 miniftrators, covenant, promife, and agree to and ^ 
 with the faid George Kemp, his hejrs, and affigns, 
 That he the faid Thomas Batten and all and every other 
 perfon and perfons having any eftate or intereft there- 
 in, fhall and will at the recmeft of the faid George Kemp, 
 his heirs, executors, or administrators, but at tj)- proper 
 coils and charges of die laid 'ibo : ,as Batten, his heirs, 
 executors, or adminiftrators, furrender into the hand 
 or hands of the lord of the faid manor of L. for the 
 time being, according to the cuftom of the faid manor, 
 two moieties or half parts of *.(jlate the premijesj, and 
 all other the lands, tenements, and hereditaments 
 whatfoever, of him the faid Thomas bat en, holden of 
 the faid manor, by copy of court roll, and the rever* 
 on, &c. and all the eftate, &c. to the ufe and behoof 
 of the faid George Kemp, his heirs, and affigns for ever, 
 UPON CONDI [TON neverthelefs, That if the faid Upon confide- 
 'Ihoinas fatten, his heirs, or affigns, did and mould- r-tion,thatif 
 
 11 i i < i i i r i the grantor 
 
 well and truly pay or came to be paid the laid annuity, pays the an- 
 
 or yearly fum of ioo/. in manner and form in the faid :il ii f y according 
 
 ill - , , c to the connde- 
 
 recited bond mentioned and appointed for payment r.ition of bond, 
 
 thereof, or if the faid Thotna* batten, his heirs, or t!ie furrender to 
 affigns, mould re-purchafe and buy up the faid annuity, 
 or yearly fum of IOQ/. upon the terms and conditions 
 in the faid furrender and hereinafter mentioned) then 
 
 the faid furrender mould be void. AND it is hereby _ 
 
 _ . . . 4 Declaration 
 
 declared and agreed by and between the laid parties to that grantor 
 
 thefe preients, that he the faid Gfjrge Kemp, his heirs, ^r : jH ! 
 and affigns, fhall ilrind leifed and poifcfied of the faid premiles, upon 
 feveral pieces or parcels of land and premifes herein ai > ft to permit 
 
 i r i TTTX/^-KT rr-irri-i r,->n r -r, < nn , CTantOr fu r- 
 
 before mentioned UPON iHh i RUSTS, and to elv - e rents un- 
 and for the intents and . purpofes, and with under and Ll1 <let.ultoi 
 
 r i r i *c II- i pSVITlcnt. 
 
 fiibject to the powers, provuues, declarations, and 
 agreements hereinafter mentioned, expreiled, and de- 
 
 /. 3 clared,
 
 APPENDIX OF PRECEDENTS. 
 
 clared, of and concerning the fame, (that is to fay) 
 
 UPON TRUST, to permit and fuffer the faid V honiat 
 
 Batten, his heirs, and afligns, to receive and take the 
 
 yearly and other rents, iflues, and profits thereof, to 
 
 his and their own ufe and benefit, until fome default 
 
 (hall happen to be made of or in payment of the hid 
 
 annuity, or yearly fum of i oo/. hereby intended to be 
 
 fecured unto the faid George Kemp as aforefaid, or fome 
 
 part thereof, at or on the days or times and in manner 
 
 limited and appointed for payment thereof as afore- 
 
 And upon truft faid. AND UPON FURTHER TRUST, That in 
 
 in default of cafe the faid annuity, or yearly fum of ioo/. or any 
 
 Fort^cLusTo P art thereof, fhall happen to be behind and unpaid by 
 
 fell the fame, the fpace of forty days next over or after any of the 
 
 poffeifed^the f"^ && or ^ mes f payment thereof, or whereon the 
 
 money arifing fame is limited and appointed, and ought to be paid as 
 
 from tuch iaie. a f ore f a id ; t h en an( j [ n f uc h ca f Cj an ^ whenever the 
 
 fame fhall happen, it (hall and may be lawful to and 
 for the faid George Kemp, his heirs, and afligns, and he 
 and they are hereby fully authorized, required, and 
 empowered, to fell, and absolutely difpofe of all and 
 every the faid feyeral pieces or parcels of land, heredi- 
 taments, and premifes herein before mentioned, and 
 hereby covenanted to be furrendered either together or 
 jn parcels, either by public fale or private contract, unto 
 any perfon or perfong whomfoever, for the moil money 
 or beft price or prices that can be reafonably had or 
 gotten for the fame, and to execute all fuch deeds, 
 conveyances, and affurances, of the faid feveral pieces 
 or parcels of land, hereditaments, and premifes to the 
 purchafer or purchafers thereof, as (hall be requifite'or 
 neceflary for the completion of fuch fale or fales, and 
 to ftand and be pofleffed of and interefted in all and 
 . every the fum and fums of money, to arife and be pro- 
 duced from the fale or fales herein befpre directed to 
 be made, and of the rents, ifiues, and profits, of the 
 faid feyeral hereditaments and premifes, to arife and 
 become payable after the fame hereditaments and pre- 
 m 'f es ft aM become faleable, until the fale or fales 
 hi* ex- thereof fhall be completed. UPON TRUST there- 
 of an! "" ? ut in the firft P lace > to retain and re-imburfe himfelf 
 
 ar,d
 
 APPENDIX OF PRECEDENTS. 34g 
 
 and themfelves all fuch cofts, charges, and expences a 
 as he or they fhall or may fuflain, expend, or be put 
 unto, in or about the making and completing of fuch 
 fale or fales, or otherwife in the execution of the trufts 
 hereby in him and them repofed; And after payment 
 thereof, as to the furplus of the money arifing from 
 i~uch fale or fales as aforefaid, UPON TRUST, by 
 nud out of the fame, to retain and piy to him the laid 
 George Kemp, his executors, ach.iniftrators, or af- 
 figns, fo much of the faid annuity, or yearly fum of 
 ioo/. as at the time of completing iuch fale or fales, 
 fhould happen to be in arrear and unpaid ; And alfo 
 all fuch fum and fums of money, loffes, cofts, charges, 
 damages, and expences, (if any) as the faid George 
 Kemp, his executors, adminiftrators, or affigns, or any 
 of them, fhall pay, fuftain, or be put unto, by reafon 
 or means of the non-payment of the faid annuity, or 
 yearly fum of ioo/. or any part thereof, at or on the 
 days and times and in the manner herein before men- 
 tioned or appointed for the payment thereof, or other-* 
 wife howfoever relating thereto. AND UPON FUR-* And to inveft 
 THER TRUST, to place out or inveft the refidue the refidue of 
 of the money to arife by fuch fale or fales, and of the upoovem- 
 rents, profits, and produce of the faid feveral pieces meat fecurities. 
 or parcels of land, hereditaments, and premifes, until 
 fuch fale or fales fhall be completed upon government 
 fecurities, at intereft in the name or names of him the 
 faid George Kemp, his executors, adminiftrators, or 
 aifigns. AND it is hereby declared and agreed by and 
 between the faid parties to thefe prefents, that the faid 
 George Kemp, his executors, adminiftrators, and af 
 figns, fhall ftand pofTefTed of and interefted in the 
 money fo to be placed out and invefted, UPON And ant of the 
 TRUST by and out of the dividends and yearly pro- dividends or 
 ceeds thereof, and if fuch yearly interefts, dividends, JS2to,*inJif 
 and proceeds, mail be inefficient, then in addition ipta eft not fuf- 
 thereto, by calling in and difpofmg from time to time affpofingo? b/ 
 of a fufficient part of the principal money fo to beP art o 
 invefled, or the flocks, funds, or fecurities, for the paL 
 fame, to retain and pay to himfelf and themfelves the 
 &id annuity, or yearly fum of ioo/. as and when the 
 z 4 fame
 
 344 
 
 APPENDIX OF PRECEDENTS. 
 
 feme fliall grow due and become payable. AN13 
 UPON TRUST alfo by and out of the money fo to 
 be placed out and invefted, and the dividends, inte- 
 reft, and yearly proceeds thereof, to retain to him the 
 (aid Geo ge Kemp, his executors, administrators, and 
 afligns, all fuch cofts, charges, and expences, as he 
 or they may fuftain, or be put unto, in the execution, 
 of the trufts hereby repofed in him and them, refpec% 
 ing the money herein before directed to be inverted or 
 , r u- A placed out at intereft, and fubiecl to the trufts herein 
 
 Atul futyecl j'lJ 1 J r 1- n I 
 
 thereon In truft beiore declared, concerning the money fo to be inveltecl 
 
 forgrantor. or j a j^ out a j. intereft as herein before mentioned, the 
 
 fame and the intereft thereof, or fo much thereof, and 
 
 of the intereft thereof, as {hall not be applied in anfwer- 
 
 ing fuch trufts as are herein before thereof declared 
 
 (hall be in truft for the {aid '1 hornets Batten, his execu- 
 
 tors, adminiftrators, and afligns, to and for his and 
 
 rrovifo,That their own ablblute ufe and benefit. PROVIDED 
 
 after Hifide-. ALWAYS, and it is hereby agreed and declared by 
 ceafeofnomi- . . J e * 
 
 nees and all ar- and between the laid parties to thefe preients, inat 
 rears ofannuiry a f ter fa deceafe of the furvivor of them the faid 
 
 and cofts, the m-if r- j 
 
 premifes cove- (.reorge Kettip, Mary Kemp, and William Kfinp, and, 
 jiantedtobe u jj p a y ment unto the faid George Keinb* his executors, 
 
 turvendered or , -n /r- r 6 i r-r 
 
 fymuch as admimitrators, or afligns, of the laid annuity, or 
 mould not be y ear iy f um o f IOO / ant { f uc h proportionable part 
 
 difpoled of, ; . ' e . ,, _ 
 
 under the trufts thereof, and all cofts, charges, damages, and expences, 
 
 atorefaid. rtiaii as aforefaid, the faid feveral pieces pr parcels of land, he- 
 
 giantor, his ' reditaments, and premifes, hereby covenanted to be 
 
 einandaf- furrendered as aforefaid, or fo much thereof (if any) 
 
 as ihall not be difpofed of under or in purfuanqe of the 
 
 trufts herein before declared or exprefled mail be in, 
 
 truft for the faid r lhomas Batten, his heirs and afligns, 
 
 for ever, and to be afligned and furrendered as he or 
 
 Deciamtinn tlie 7 m ^ && and appoint. PROVIDED ALSO, 
 
 that the con- and it is hereby further agreed and declared by and be- 
 
 ve\-ances e>:e- 
 
 es e>:e- ; ^i_ r i i r- r 111 j 
 
 y gran- tween the laid parties to thefe prefents, that all and 
 every the contrails, agreements, fales, difpofitions, 
 conveyances, aflurances, a6Vs, deeds, matters, and: 
 jj niouid n,)t things, vvluch fliould be entered into, made, done, or 
 executed, by the faid George Kemp, his heirs, or af- 
 figns, of or concerning the faid feveral pieces or par- 
 
 cels
 
 APPENDIX QF PRECEDENTS, 345 
 
 eels of land, hereditaments, and premifes, hereby co- 
 venanted to be furrendered, or any part thereof, lhall 
 to all intents, constructions, and purpofes whatfoever, 
 be as valid and effectual in the law though the laid 
 Thomas Batten, his heirs or affigns, fhall not execute the 
 fame, or join therein, or aflent thereto, as fuch contracts, 
 agreements, falesj difpolitions, conveyances, aflurances, 
 afts, deeds, matters, and things, would if the faid 
 Thomas Batten had duly executed the fame, and joined 
 therein, or aflented thereto; And that the perfon or 
 perfons to whom the faid George Kemp, his heirs or af- 
 jigns, {hall convey or otherwife difpofe of the faid fe- 
 veral pieces or parcels of land, hereditaments, and 
 premifes, hereby covenanted to be furrendered, or any 
 of them, or any part or parts thereof, {hall notwith- 
 Itanding the faid Thomas Batten, his heirs or affigns, 
 fhall not execute the fame, or join therein, or aflent 
 thereto, be intitled to have, hold, and enjoy, the fame 
 pieces or parcels of land, hereditaments, and premifes, 
 againft the faid Thomas Batten, his heirs and affigns, 
 and all and every perfon and perfons claiming or to 
 claim by from through under or in trull for him them 
 or any of them. PROVIDED ALSO, and it is Ana thjt .&c 
 hereby further agreed and declared by and between alllee7oi the pur- 
 and every the faid parties to thefe -prelents, that the re- chafe-money. 
 
 ; . *f , f . , ~ * .... lhall he a fufii- 
 
 ceipt or receipts of the faid George Kemp, his heirs, dent difcharge 
 executors, or adminiftrators, {hall from time to time t. theparclu- 
 |>e a good and fufficient difcharge, or good and fufficient 1Ll 
 difcharges to the purchafer or purchafers of the faid 
 pieces or parcels of land, hereditaments, and premifes, 
 fo to be fold as aforefaid, or any of them, or any part 
 or parts thereof, and to his her and their refpeftive 
 heirs, executors, adminiftrators, and affigns, for fo 
 much of the purchafe-money as mall therein be acknow- 
 ledged to be received ; And that fuch purchafer or 
 purchafers, his her or their heirs, executors, or admi- 
 niftrators, {hall not afterwards be anfwerable or ac-~ 
 countable for any lofs, mifapplication, or non-applica- 
 fion, of fuch purchafe-money fo received, or any part 
 thereof, nor be obliged to enquire into the reafon of 
 making any fuch foje or fak. PROVIDED ALSO, 
 
 and
 
 34 <S APPENDIX OF PRECEDENTS. 
 
 ^ and it is hereby further agreed and declared by and be-. 
 r- tween the faid parties to thefe prefents, that the faid 
 
 ai> : ct(.rmore George Kemp, his heirs, executors, adminiftrators, and 
 cowvw 'to his afiigns, fhall not be charged or chargeable with or for 
 hnueis. any f um O r fums of money other than fuch as fhall 
 
 actually and refpettively come to his or their hands, 
 by virtue of thefe prefents, nor with or for any lofs or 
 damage which may happen in or about the execution 
 of all or any of the trulls aforefaid, without his or 
 their wilful default, (ydd a covenant to pav annuity.} 
 A>D the find c ihomas Latten for himfelf, his heirs, 
 executors, and adminiftrators, doth hereby further co- 
 venant, promife, and agree, to and with the laid 
 Covenant that George Kemp, his heirs and affigns, by thefe prefents, 
 giamor is feiftd in manner following, (that is to fay) That he the faid 
 according 3 !*' 'Ikomas Batten, at the time of the fealing and delivery 
 rhc cuitom of of thefe prefents, is and ftands lawfully and rightfully 
 * 01 ' feifed of and in or well intitled unto the faid feveral 
 pieces or parcels of land, hereditaments, and premifes, 
 Hereby covenanted to be furrendered of a good eftate of 
 inheritance in pofleffion, according the cuftom of the 
 faid manor, without any condition, fruit, power of 
 revocation, limitation, of new or other ufe or ufes, or 
 any other reftraint, matter, caufe, or thing whatfo- 
 ever, which can or may defeat, alter, change, charge, 
 A:.-* hath to revoke, determine, make void, or incumber, the fame, 
 . -.dwthe or ? . ny part or parts thereof 5 AND ALSO that he the 
 fcafts. aforefaid. faid "Ibomas Batten hath in himfelf good right, full 
 po-wer, arid lawful and abfolute authority, to furrender 
 all and fingular the faid feveral pieces or parcels of 
 land, hereditaments, and premifes, herein before co- 
 venanted to be furrendered as aforefaid, with the ap- 
 purtenances to the ufe of the faid George Kemp, his 
 heirs and affigns, for ever UPON THE TRUSTS, 
 and to and for the intents and purpofes herein before 
 mentioned, exprefled, and declared, of and concern- 
 ing the fame, according to the true intent and meaning 
 And in default of thefe prefents. AND FURTHER, That the faid 
 ^ eveTal pieces or parcels of land, hereditaments, and 
 a!] re- premifes, herein before covenanted to be furvendered, 
 la11 and Awfully may frpm time to time and at all 
 '.I, free fromJncumbrances. times
 
 APPENDIX OF PRECEDENTS. 347 
 
 times hereafter, from and after default fhall be made 
 in payment of the feid annuity, remain, continue, 
 and be, to the ufe of the faid George Kemp, his heirs 
 and affigns UPON THE TRUSTS, and to and for 
 the intents and purpofes herein before mentioned, ex- 
 prefTed. and declared, of and concerning the fame, 
 and {hall and may be accordingly, peaceably, and 
 quietly had held and enjoyed, without the lawful let, 
 fuit, hinderance, interruption, or denial, of him the 
 faid 'Ihomas Batten, his heirs and affigns, or any other 
 perfon or pcrfons whomfoever; And that free and clear 
 and freely and clearly acquitted, exonerated, and dif- 
 charged, or otherwife, by him the faid 'ihotnas Patten, 
 his heirs, executors, or adminiflrators, well and fuffi- 
 ciently faved, defended, kept harmlefs, and indemni- 
 fied, of from and againft all and all manner of former 
 and other gifts, grants, bargains, fales, mortgages, 
 lurrenders, jointures, free-bench, ufes, intails, rents, 
 arrears of rent, ftatutes, judgments, recognizances, 
 titles, charges, and incumbrances whatfoever, had 
 made done or committed, or willingly fuffered by the 
 laid Thomas Ratten, or any other perfon or perfons 
 whomfoever. AND MOREOVER, That he the faid 
 7 homos Batten and his heirs and all and every other 
 perfon and perfons whomfoever, having or lawfully 
 claiming, qr who fhall or may hereafter have or law- 
 fully claim any eftate, right, title, truft, or intereft 
 of in to or out of the faid feveral pieces or parcels of 
 land, hereditaments, and premifes herein before co- 
 venanted to be furrendered as aforefaid, or any of 
 them, or any part thereof, fhall and will from time to 
 time and at all times hereafter at and upon the reafon- 
 able requeft of the faid George Kemp, his heirs, exe- 
 cutors, adminiflrators, or affigns, but at the proper 
 cofts and charges of the faid ''i homas Batten, his heirs 
 pr affigns, make, do, acknowledge, levy, fufter, and 
 estite, or caufe and procure to be made, done, ac- 
 knowledged, levied, fuffered, and executed, all and 
 every fuch further and other lawful and reafonable acl 
 and a<Sls, things and things, conveyances, furrenders 
 and aflurances in the law whatfoever, for the further 
 
 better
 
 31* APPENDIX OF PRECEDENTS, 
 
 better more perfeft and abfolute furrendering and af 
 furing the faid feveral pieces or parcels of land, here- 
 ditaments, and premifes, herein before covenanted to 
 be furrendered with their and every of their appurte- 
 nances to the ufe of the faid George Kemp y his heirs 
 and ailigns, for ever UPON THE TRUSTS, and 
 to and for the intents and purpofes herein before men- 
 tioned, exprefled, and declared, of and concerning the 
 fame, as by the faid George Kemp, his heirs, executors, 
 and adminiftrators, or his or their counfel learned in 
 the law, (hall be reafonably devifed or advifed and re-r 
 quired. (Add defeafance on the judgment and a claufit 
 Jbr rcdenip .iott, upon paying half a year's annuity, j 
 
 }n witnefs, Sec, 
 
 No. XXVIII. 
 
 DEED of Co VEX 4 NT by Ilufband^ for him^ 
 Jeff and IVife to furrendcr a Copyhold 
 Eftatc of Inheritance, (fu.bje.ct to Doicer} t 
 for feciiring an Annuity for Three Lives t 
 granted and fee u red by /i/.? Bond; and ht 
 Default of Payment, upon Truft, to raifc 
 and pay the Annuity, with- a Claitfe of 
 Redemption after the Expiration of Three 
 Years, on giving- Six Months Notice and re- 
 paying Principal advanced, or in Default of 
 Panic*. Notice on re-paying Principal U)id Ilalf a 
 
 Years Annuity. 
 
 Recital that THIS INDENTURE made, &c. between James 
 Sf a SiTinhe l i e - d Pritie>o{, &c. Efq. and Mary his wife, of the one part, 
 tance of copy- and Edward Roe, of, &c. Efq. of the other part. 
 tdpnmi&f. -WHEREAS the faid James Prince is feifed of or well 
 intitled to the inheritance in pofleffion, according to 
 the cuftom of the manor of E. in the county of Mid* 
 dlefex aforefaid, of and in the feveral meffuages, tene- 
 ments, cottages, lands, hereditaments, and premifes, 
 
 hereinafter
 
 A?PENt)iX OF PRECEDENTS. -349 
 
 hereinafter covenanted to be furrendered. (Recite the Cpnfideratioo. 
 
 contract for the pKrchafe of annuity for three fives, and 
 
 alfo the bond and warrant of attorney}. NOW THIS 
 
 INDENTURE WITNESS ^TH, That in ptirfuance of 
 
 the faid agreement, and for and in confederation of the 
 
 fum of 8oo/.of lawful, &c. by the faid Edward Roe \\\ his 
 
 own proper perfon to the faid James Prince, in his own 
 
 proper perfon, in hand well and truly paid at or before 
 
 the fealing and delivery of thefe prefents, out of which 
 
 faid fum of 8oo/. he the faid James Prince immediately 
 
 after receiving the fame, paid to d. R. of, &c. the 
 
 fum of /. for attendances refpeting the grant- 
 ing the faid annuity, and for preparing and perfecting 
 'the feveral fecurities for the fame, and for the expences 
 of the furrender hereinafter covenanted to be made, 
 -and for preparing and mrolling a memorial of the faid 
 feveral fecurities, the receipt whereof he the faid James 
 Prince doth hereby acknowledge, and thereof and of 
 and from the fame and every part thereof, doth ac- 
 quit, releafe, and difcharge, the faid Edward Roe, his 
 heirs, executors, adminiftrators, and afligns, and every 
 of them for ever, by thefe prefents; he the faid James 
 Prince DOTH hereby for himfelf, his heirs, executors, Covenant that 
 -and adminiftrators, and for the faid Mary his wife, JSSSw'tiL 
 covenant, promife, and agree to and with the faid copyhold pre- 
 Edward Roe, his heirs and afligns, that they the faid miles - 
 James Prince and Mary his wife, and all other perfon 
 and perfons having any eftate or intereft therein, {hall 
 itiul will at the requeft of the faid Edtvar-d Roe, his 
 iieirs, executors, or adminiftrators, but at die proper 
 cofts and charges of the faid James Prince, furrender 
 into the hands of the lord or lords, lady or ladies of 
 -the faid manor of E. for the time being, according to Totheufeof 
 the cuftom of the faid manor, all (State the premifes). grantor fur 
 To the ufe of the faid Edward Roe, his heirs and af- u 
 
 fiens for ever, at the will of the lord or lords, lady or rT 
 
 ., & ,. ' . ... Upon confide-- 
 
 fvuiies, according to the cuitom ot the laid manor; ration that if 
 
 UPON CONDITION ncvcrthclefs, That if the faid storihmiid 
 iv r> i i n- i-i 1011 11 P*y annuity 
 
 fames Prince, his hews or a'mgns did and iliould well agreeable to the 
 
 and truly pay or caufe to be paid the faid annuity, or DO - lJ > tlie " lhe 
 ir ' i ^ .. i ; >., lurrendei to oe 
 
 yearly fum of ioo/. in mnner-aud form in the laid void. 
 
 -*ecittd-bond mentioned and appointed for payment 
 3 thereof,
 
 APPENDIX OF PRECEDENTS. 
 
 And in default thereof, then the faid furrender fhould be void. ANI> 
 
 !Ut ' it is hereby declared and agreed by and between the 
 
 faid parties to thefe prefents, that in cafe default (hall 
 
 be made in payment of the faid annuity, or yearly fum 
 
 of ioo/. according to the condition of the faid recited 
 
 bond herein before mentioned, then and in fuch 
 
 Grantee to cafe, he the faid Edward Roe, his heirs and affigns, 
 
 ft md icifed of {h a ll ftand fcifed and poffeffed of the faid feveral mef- 
 
 ie prerai ts. f ua g e9 ^ tenements, cottages, lands, hereditaments, and 
 
 premifes, herein before mentioned and covenanted to 
 
 Upo^miftta be furrendered, UPON TRUST, by and out of the 
 
 an mi it v and rents, iflues, and profits of the faid feveral meffuages, 
 
 expences, and tenements, cottages, lands, hereditaments, and pre- 
 
 fabjeit thereto /- i v r j L r j j 
 
 in tVuft for miles herein before covenanted to be lurrendered, or 
 grantor. an y p ar t or parts thereof, or by mortgage or fale there- 
 
 of, or of any part or parts thereof, or by all or any of 
 the fame ways or means, or by fuch other ways and 
 means as to him the faid Edward Roe, his heirs or af- 
 figns fhall feeiri meet, raife, and levy fuch fum and 
 fums of moijey as fhall be fufficient to pay and fatisfy 
 the faid annuity, or yearly fum of ioo/. fecured by the 
 faid bond, or fo much thereof as fhall from time to 
 time happen to be in arrear and unpaid at the days and 
 times in and by the faid condition to the faid bond or 
 obligation mentioned and appointed; And alfo all fuch 
 mm and fums 6f^ money, loffes, cofts, charges, da- 
 mages, and expences, (if any) as theJaid-.^W-ow^ Roe* 
 his licirs, executors, administrators, or affigns, or any 
 of them, fhall pay fuftain expend or be put unto, 
 for or by reaibn or means of the non-payment of the 
 faid annuity, or clear yearly fum of ioo/. or any part 
 thereof, at or on the days and times and in the manner 
 in and by the faid condition to the faid bond appointed 
 for the payment of the fame, or the performance of 
 the trufts hereby declared or expreffed of and concern- 
 ing the faid premifes herein before covenanted to be 
 furrendered, or otherwife howfoever relating thereto-, 
 And fhall and do retain, pay, and apply the monies fo 
 to be received in payment and fatisfa&ion thereof ac- 
 cordingly, and fubjecl: to the trufts aforefaid, the faid 
 feveral meffuages, tenements, cottages, lands, heredi- 
 tament^
 
 APPENDIX OF PRECEDENTS. 35 1 
 
 Taments, and premifes, herein before covenanted to be 
 lurrendered, (hall be in truft for the faid James Prince, 
 his heirs and affigns. (Add covenant to pay annuity^ 
 and alfo the covenants for the title, quiet enjoyment, sV. as 
 in the preceding Precedent; and the defeafance on the judg- 
 ment.} AND WHEREAS upon the treaty for the ciaufe for re~ 
 
 purchafe of the faid annuity, or yearly fum of ioo'. rurchafe after 
 
 . tne expiration 
 herein before mentioned, it was mutually agreed bySof turee ,'eus, 
 
 and between the faid James Prince and Edward Roe, "r'g'ving 
 
 rf.-t ^ , ,- , v y r,- 7 . i i j ilx m^ntns no- 
 
 ihat the laid fames Prince, his heirs, executors, or ad- tics' and repp.y- 
 jminiftrators, mould at any time after the expiration of ; "S the pnnci- 
 die fpace or time of three years from the date hereof, or in default of 
 but not fooner at his or their own pleafure, be at li- nolll - e n pay- 
 
 r i_.r JL ..i. /- i Hi jnt or pr nci- 
 
 berty to re-purchale and buy up the laid annuity, or p a j an d haif a 
 yearly fum of TOO/, upon giving unto the faid Edward ieai' 
 Roe, his executors, adminiftrators, or afligns, fix ca- 
 lendar months notice in writing of fuch his or their 
 intention, and upon paying unto the faid Edward a-, 
 his executors, adminiftrators, or aflig'ns, the full fum . 
 of 8oo/. being "the original purchaie-moi^ey of lawful 
 money of Great Britain, as and for the cqnfideration or 
 fuch re-purchafe of the faid annuity of loo/, together 
 with all arrears that mould be due on the fame, and a 
 proportionable part thereof, from the laft day of pay- - v 
 ment thereof preceding fuch re-purchafe up to and un- 
 til the re-purchafing the fame, or iii^lie the faid James 
 Prince, his heirs, executors, or adJniniitrators, ihould 
 be minded and defirous of re-purchafmg the faid an- 
 nuity, or yearly fumof ioo/. and mould, not give fuch lix 
 calendar months notice, then that he the laid James 
 Prince, his heirs, executors, or adminiftrators, ihould 
 ut any time after the expiration of the faid fpace of 
 three years, but not fooner, at his or their own pica- 
 fure, be at liberty rx re-purchafe and buy up the faid 
 annuity or yearly fum of ioo/. upon paying unto the 
 laid Ed-ward Roe, his executors, adminiftrators, or af- 
 figns, the full fum of 8507. being the original pur- 
 chafe-money and two quarterly payments of the faid 
 annuity of ioo/. of lawful money of Great Britain^ 
 as and for the confideration of fuch re-purchafe of the 
 faid annuity of ioo/. together with all arrears that {hould 
 i be
 
 352 APPENDIX OF PRECEDENTS. 
 
 be due on the fame, and a proportionable part thereof, 
 from the lail day of payment thereof preceding fuch 
 rr-purchafe tip to and until the re-purchafing the fame. 
 NOW THIS INDENTURE FURTHER WIT;. 
 NESSETH, That for the effefltiiating the faid laft men- 
 tioned agreement, and for the confiderations afbrefaid, 
 it is hereby agreed and declared by and between the 
 faid parties to thefe prefents, to be the true interit arid 
 meaning of thefe prefents, and of the faid parties* 
 and the faid Edward Roe for himfelf, his heirs, ex- 
 ecutors, adminiflrators, and affigns, doth hereby cove- 
 nant, promife, and agfee to and with the faid James 
 prince, his executors, adminiftrators, and affigns, and 
 every of diem, that in cafe the faid "James Prince, his 
 heirs, executors, or adminiilrators, mall at any time 
 after the expiration of the fpace or time of three years 
 from the date hereof, but not fooner, be minded and 
 defirous of re-purchafing the faid annuity, or yearly 
 fum of TOO/, and of fuch his or their intention {hall 
 give unto the faid Edward Roe, his executors, admi- 
 niilrators, or affigns, notice in writing by the fpace of 
 fix calendar months, that he the faid Edward Roe, his 
 executors, adminiflrators or affigns mall and will at 
 the expiration of fuch fix calendar months, ffbm the 
 time fuch notice mail be given as laft aforefaid, on re- 
 ceiving all and every fuch fum and fums of money 
 whatsoever, that mall be then due for the arrears of the 
 faid annuity, or yearly fum of ioo/. together with a 
 proportionable part thereof, from the laft day of pay- 
 inent thereof preceding fuch re-purchafe up td the day 
 of re-purchafmg the fame as aforefaid, accept, receive, 
 and take the laid turn of 8oo/. as and in full for the 
 re-purchafe of the faid annuity, or yearly fum of I oo/. 
 fecured as aforefaid, but in cafe the faid James 
 Prince, his heirs, executors, or adminiftratofs, from 
 and after the faid fpace or time of three years, but not 
 (boner, {hall be minded and defirous of re-purchafing 1 
 the faid annuity, or. yearly fum of ioo/. and mail not 
 give fuch fix calendar months notice in writing, then 
 that he, the faid Ed-ward Roe, his executors, adminif- 
 trators, or aifigns fhall and .will on receiving all and 
 
 every
 
 APPENDIX OF PRECEDENTS. 353 
 
 every fum and fums of money whatfoever, that {hall 
 be then due for the arrears of the faid annuity, or 
 yearly fum of ioo/. together with a proportionable 
 part thereof, from the laft day of payment thereof 
 preceding fuch re-purchafe up to the day of re-pur- 
 chafing the fame as aforefaid, accept, receive, and take 
 the faid fum of 8507. as and in full for the re-purchafe 
 of the faid annuity, or yearly fum of ioo/. fecured 
 as aforefaid ; And on receipt of either of the faid fums 
 as the cafe may happen and all arrears of the faid an- 
 nuity, or yearly fum of ioo/. fecured as aforefaid, and 
 fuch proportionable part thereof as aforefaid fhall and 
 will at the proper cofts and charges in the law of him 
 the faid 'James Prince^ his heirs, executors, or admi- 
 niftrators, deliver up the faid bond to the faid James 
 Prince^ his heirs, executors, or adminiftrators, to be 
 cancelled, and acknowledge, or cauie fatisfation to be 
 acknowledged on the record of the faid judgment, 
 that ihall be entered up by virtue of the faid warrant 
 of attorney, and re-furrender the faid premifes herein 
 before covenanted to "be furrendered unto the faid 
 "James Prince, his heirs and affigns, or as he or they 
 ihall order, direct, or appoint, and then and in fuch 
 cafe the faid annuity, or yearly fum of ioo/. and the 
 powers and authorities herein contained for recovering 
 the fame and enforcing the payment thereof fhall 
 ceafe, determine, and be void, any thing herein 
 before contained to the contrary thereof in any wife 
 wotwithftanding. In witnefs, &c. 
 
 A A CHAP.
 
 C 354 ] 
 
 CHAP. XII. 
 
 Partiss. 
 
 nuitv. 
 
 GRANTS OF ANNUITY CHARGED UPON 
 PERSONAL PROPERTY, WHERE THE 
 GRANTORS HAVE AN ABSOLUTE IN- 
 TEREST. 
 
 No XXIX. 
 
 GRANT of ANNUITY for the Life of Grantee 
 and another, fecured by a Transfer of 3 per 
 Cents, '(which Grantor is unwilling to fell 
 
 x / 
 
 out} into the Names of Grantor, Grantee, 
 and another, and a Declaration of the Truft 
 thereof accordingly; with a Claufe of Re* 
 demotion at the Expiration of One Year, 
 upon Payment of Half a Years Annuity.* 
 
 1 V J J 3 
 
 HIS INDENTURE made the day of 
 
 &c. between Robert Spratt, of . Efq. of the 
 
 firft part; Richard Bolt, of Efq. of the fe- 
 
 cond part; and Robert Wagg> of Lincoln's Inn, in the 
 Recital of con- county of Middle/ex, gent, of the third part. WHERE- 
 raa for an- AS the faid Richard Bolt hath contra&ed and agreed 
 with the faid Robert Spratt> for the abfolute purchafe 
 
 * This deed requires no inrollment, being excepted by the 8tli fec- 
 tion of the adt, and on which account the formalities required in 
 other cafes in Itating the consideration are here omitted, but as the 
 grantor can have no recourfe to a memorial in order to fee what he 
 has executed, he fhould have a counter part of the deed. 
 
 of
 
 APPENDIX OF PRECEDENTS. 355 
 
 of one annuity, or clear yearly fum of ioo/. to be 
 paid to the laid Richard Bolt, his executors, adminif- 
 trators, and afiigns, free from all taxes and deductions 
 whatfoever, for and during the natural lives of the fa id 
 Richard Bolt, and st. B. and the life of the iurvivor, 
 or longer liver of them, at or for the price or fum of 
 8oo/. AND WHEREAS upon the treaty for the pur- And for fecur- 
 chafe of the fa id annuity, or clear yearly fum of ioo/. Itock Should b 
 it was agreed between the faid Robert Spratt and Rich- transterreik 
 ard Bolt, that for the more effectually fecuring the 
 payment thereof unto the faid Richard Bolt, his exe- 
 cutors, adminiftrators, and afligns, the fum of 3333/- 6s. 
 8d. three per cent, confolidated Bank annuities, ihould 
 be transferred into the joint names of the faid Robert 
 Spratt, Richard Bolt, and Robert Wagg, upon the fe- 
 veral trufts and to and for the intents and purpofes 
 hereinafter mentioned, exprefled and declared of and 
 concerning the fame. AND WHEREAS in purfuance Recital of ftock 
 of the faid agreement, the faid fum of 33337. 6s. ^ frawfliwdl 
 3 per cent, confolidated Bank annuities, hath been ac- 
 cordingly transferred into the joint names of them the 
 faid Robert Spratt, Richard Bolt, and Robert Wagg t 
 and the fame is now {landing in their joint names in 
 the books kept at the Bank of England for entering 
 transfers of fuch ftock. NOW THIS INDENTURE Confideraclon, 
 WITNESSETH, that for and in confideration of the 
 fum of 8oo/. of lawful money of Great Britain to the 
 laid Robert Spratt, in hand well and truly paid by the 
 faid Richard Bolt, at or before the fealing and delivery 
 of thefe prefents, being in full for theabfolute purchafe 
 of the faid annuity, or clear yearly fum of ioo/. the 
 receipt whereof the faid Robert Spratt doth hereby ac- 
 knowledge, and thereof and of and from the fame and 
 every part thereof, doth acquit, releafe, exonerate, 
 and for ever difcharge the laid Richard Bolt, his exe- 
 cutors, adminiftrators, and alligns, and every of them 
 by thefe prefents, he the faid Robert Spratt, for him- 
 fclf, his heirs, executors, and admiaiftrators, IIATH 
 given, granted, bargained, fold and confirmed, and 
 by thefe prefents DOTH, &c. unto the faid Richard S 
 Bolt, his executors, adminiftrators, and afligns, for nuity ' 
 
 A A * and
 
 356 APPENDIX OF PRECEDENTS. 
 
 and during the joint natural lives of the faid Richard 
 Bolty and A. B. and the life of the furvivor of them, one 
 annuity, or clear yearly fum of ioo/. of lawful money of 
 Great Britain, free and clear of and from all taxes and 
 deductions whatfoever, TO HAVE, HOLD, receive, 
 take and enjoy the faid annuity, or clear yearly fum of 
 ioo/. unto the faid Richard Bolty his executors, ad- 
 rainiftrators, and affigns, for and during the natu- 
 ral lives of the faid Richard Bolt and A. B. and the 
 life of the furvivor of them, and to be paid and payable 
 half yearly, unto him the faid Richard Bolt, his execu- 
 tors, adminiftrators, and afligns, at or in the Common 
 Dining-Hall of Lincoln's Inn, in the county of Middle- 
 J'ex, by two even and equal half yearly payments, be- 
 tween the hours of ten and twelve of the clock in the 
 forenoon, of the feveral and refpeHve days and times 
 
 hereinafter mentioned, (that is to fay) on the day 
 
 of and the day of in every year, 
 
 by even and equal portions, during the joint lives of 
 the faid Richard Bolt and A. B. and the life of the fur- 
 vivor of them; the firft payment thereof to begin and 
 
 be made on the : day of next enfuing 
 
 the day of the date of thefe prefents, free from allde- 
 du&ions and abatements whatfoever, together with a 
 proportionable part of fuch annuity, or yearly fum of 
 ioo/. for the time which {hall elapfe between the laft 
 of the faid days of payment preceding the deceafe of 
 the furvivor of them, the faid Richard Bolt and A. B. 
 to the time of the deceafe of fuch furvivor, which pro- 
 portionable part he the faid Robert Spratt for himfelf 
 his heirs, executors and adminiftrators, DOTH here- 
 by covenant, promife and agree to and with the faid 
 Richard Bolt, his executors, adminiftrntors, and affigns, 
 that he the faid Richard Bolt, his executors, adminif- 
 trators, and afligns, (hall be intitled to be paid accord- 
 ingl y- AND THIS INDENTURE FURTHER 
 transferred is WITNESSETH, And it is hereby declared and agreed 
 by and between all and every the faid parties hereto, 
 and it is the true intent and meaning of thefe prefents 
 and of the faid parties, that they the faid Robert Spratt, 
 Richard Bolt t and Robert ff'agg, their executors, ad- 
 
 mmiilrators,
 
 APPENDIX OF PRECEDENTS. 357 
 
 miniftrators, and afligns, {hall ftand and be poflefled 
 of and interefted in the faid fum of 3333/. 6s. Sd. 3 
 per cent, confolidated Bank annuities, upon the feveral 
 trufts and to and for the ends, intents, and purpofes 
 hereinafter mentioned, exprefled and declared of and 
 concerning the fame, (that is to fay) UPON TRUST Upon truft out 
 that they the faid Robert Spratt, Richard Bolt, and Ro- of dividends, or 
 bert Wagg, or the furvivors or furvivor of them, or the O f principaL rt 
 executors, adminiftrators, or afligns of fuch furvivor, 
 lhall and do by with and out of the interefl, dividends, To pay annuity 
 and annual produce of the faid fum of 33337. 6s. Sd. J^f* of 
 3 per cent, confolidated Bank annuities, or by fale or 
 transfer of /a competent part of the faid fum of 3333/ 
 6s. Sd. or by both or either of the ways and means, 
 from time to time for and during the natural lives 
 of the faid Richard Bolt and A. B. and the life of 
 the furvivor of them, raife and pay to the faid Richard 
 Bolt, his executors, adminiftrators, and afligns, the 
 faid annuity, or clear yearly fum of i oo/. at the place, 
 days and times, and in manner herein before men-, 
 tioned and appointed for payment thereof; And alfo 
 fliall and do by both or either of the faid ways and 
 means, raife and pay or retain all the cofts, charges 
 and expences, which they the faid Robert Spratt, Rich' 
 ard Bolt, and Robert Wagg, or any of them, their or 
 any of their executors, adminiftrators, or afligns, (hall 
 or may fuffer, fuftain, expend, or be put unto for or 
 by reafon or means or on account of the non-payment 
 of the faid annuity,or yearly fum of ioo/. and fuch pro- 
 portionable part thereof as aforefaid, or any part thereof, 
 or of the trufts hereby vefted or repofed in them, or 
 any of them. AND UPON FURTHER TRUST And to pay or 
 
 that they the faid Robert Spratt, Richard Bolt and Ro- permit the 
 
 _,, ' . . , . , n grantor to re- 
 
 bert lYagg, their executors, admmiltrators, or afligns, ceiverefidue 
 
 do and lhall pay to or permit and fuffer the faid Robert ( if an x)- 
 Spratt, his executors, adminiftrators, and afligns, to 
 receive and take the refidue (if any) of the faid intereft, 
 dividends, and annual produce of the faid fum of 
 3333^ ^' 8^* which fhall during the joint lives of the 
 faid Richard Bolt and ^. B. remain after payment of 
 the faid annuity, and fuch cofts, charges and expences 
 A A 3 as
 
 358 
 
 APPENDIX OF PRECEDENTS. 
 
 grantor. 
 
 Covenant to 
 pay annuity. 
 
 as aforefaid, to and for his and their own ufe and be-. 
 
 ceaefthc ne ^' And ^" a ^ an( * c ' a ^ ter tne <^ ecea f e f tne ^ ur " 
 furvivor trans- vivor of them the faid Richard Bolt and A. B. transfer 
 
 ferthe ftockto r h e faid fum of ??/ 6s. 8d. 7 per cent, confolidated 
 
 . . JJ-JJ J * . r 
 
 Bank annuities, or lo much thereof as ihall remain utter 
 
 payment of the faid annuity, or yearly fum of ioo/. and 
 fuch proportionable part thereof as aforefaid, and all 
 fuch cofts, charges and expences as aforefaid, unto the 
 faid Robert Sprati, his executors, adminiftrators, and 
 a-fligns, to and for his and their own proper ufe and 
 benefit. AND the faid Robert Spratt for himfelf, his 
 heirs, executors, and adminiftrators, DOTH hereby 
 covenant, promife, and agree to and with the faid 
 Richard Bolt, his executors, admimftrators, and afligns, 
 that he the faid Robert Spratt, his heirs, executors, or 
 adminiftrators, ihall and will well and truly pay or 
 caufe to be paid unto the faid Richard Bolt, his exe^ 
 cutors, admmi-ftratorSj or afllgns, for and during the 
 natural lives of them the faid Richard Bolt and A, B. 
 and the life of the furvivor of them, the faid annuity, 
 or yearly fum of I oo/. free and clear of and from all 
 taxes, charges, rates, and other deductions whatfo* 
 ever, parliamentary or otherwife, at the place, days, 
 and times, and in manner and form herein before ap- 
 pointed for the payment thereof, together with a pro- 
 portionable part of the faid annuity, or yearly fum of 
 ioo/. for the time which at the deceafe of the furvivor 
 of them the laid Richard Bolt and A- B. fh all have 
 elapfed of the half yearly payment of the fame annuity 
 growing due at the time of the deceafe of fuch fur- 
 vivor. AND WHEREAS upon the treaty for the 
 purchafe of the faid annuity, or clear yearly fum of 
 ioo/, hereinbefore mentioned, it was mutually agreed 
 by and between the faid Robert Spratt and Richard 
 Bolt, that the faid Robert Sprait, his heirs, executors, 
 or adminiftrators, fhould at any time or times after the 
 expiration of one year from the day of the date of thefe 
 prefcnts, at his or their own pleafure, be at liberty to 
 re-purchafe and buy up the faid annuity, or clear yearly 
 fum of ioo/. upon giving unto the faid Richa-'d Bolt, 
 his executors, adrn.irriftrators, or afligns, feven days 
 
 notice. 
 
 Fec^tal of a- 
 grecment for 
 re-purchafe.
 
 APPENDIX OF PRECEDENTS. 359- 
 
 notice in writing of fuch his or their intention, and 
 upon paying unto the faid Richard Bolt, his execu- 
 tors, adminiftrators, or affigns, the full fum of 850^ 
 being the original purchafe money, and half a year's 
 annuity, of lawful money of Great Britain, as and for 
 the confideration-money for fuch re-purchafe of thefaid 
 annuity, together with all arrears that fhall be due on 
 the faid annuity, and a proportionable part thereof 
 from the laft day of payment thereof preceding fuch 
 re-purchafe up to and until the re-purchafing the 
 fame. NOW THIS INDENTURE FURTHER ciaufe for re 
 WITNESSETH, That for effectuating the faid recited 
 agreement and for the confiderations aforefaid, it is' f one year on 
 hereby agreed and declared by and between the faid half-year's 
 parties to thefe prefents, to be the true intent and annuity, and 
 meaning of thefe prefents and of the faid parties ; And 
 the faid Richard Bolt for himfelf, his heirs, executors, 
 and adminiftrators, doth hereby covenant, promife, 
 and agree to and with the faid Robert Spratt, his heirs, 
 executors, and adminiftrators, and every of them, 
 that in cafe the faid Robert Spratt, his heirs, executors, 
 or adminiftrators, {hall at any time after the expiration 
 of one year from the day of the date of thefe prefents, 
 be minded and defirous of re-purchafing the faid an- 
 nuity, or clear yearly fum of ioo/. and of fuch his or 
 their intention fhall give unto the faid Richard Bolt, his 
 executors, adminiftrators, or affigns, notice in writing 
 by the fpace of feven days, that he the faid Richard 
 Bolt, his executors, adminiftrators, or affigns, fhall 
 and will at the end of the faid feven days from the 
 time fuch notice fhall be given as aforefaid, on receiv- 
 ing all and every fum and fums of money whatfoever 
 that fhall be then due for the arrears of the faid an- 
 nuity, together with a proportionable part thereof from 
 the laft day of payment thereof preceding fuch re-pur- 
 chafe up to the day of re purchafmg the fame as afore- 
 faid, accept, receive, and take the faid fum of 8507. 
 as and in full for the re-purchafe of the faid annuity, or 
 yearly fum of ioo/. herein before granted as aforefaid j 
 and on receipt of the faid fum of 85 o/. and all arrears 
 of the faid annuity, or clear yearly fum of ioo/. here- 
 A A 4 in
 
 APPENDIX OF PRECEDENTS. 
 
 in before granted as aforefaid, and fuch proportionable- 
 part thereof as aforefad, (hall and will at the proper 
 cofts and charges in the law of him the faid Robert 
 Spratt, his heirs, executors, adminiftrators, or affigns, 
 deliver up thefe prefents to the faid Robert Spratt, his 
 heirs, executors, adminiftrators, or afligns, to be can- 
 celled, and then and in fuch cafe the faid annuity, or 
 yearly fum of ioo/. and the trufts herein before de- 
 clared for fecuring the fame, fhall be void; and then 
 and at any time afterwards .he faid fum of 33337. 6s. 8d. 
 3 per cent, confolidated Bank annuities, or fo much 
 thereof as (hall not have been fold and difpofed of for 
 the payment of the faid annuity, fhall at the requeft, 
 cofts, and charges of the faid Robert Spratt, his executors, 
 adminiftrators, or affigns, be transferred to the faid 
 Robert Spratt, his executors, adminiftrators, and af- 
 figns, to and for his and their own ufe and benefit, 
 any thing herein contained to the contrary thereof 
 in any wife notwithstanding. 
 
 In witnefs, &c. 
 
 No-
 
 APPENDIX OF PRECEDENTS. 361 
 
 No. XXX. 
 
 G R A x T of A N N u i T Y for Three Lives, and an 
 Aflignment of a Legacy, and the Moiety of 
 the Rejldue of a Perfonal Eftate (in which a 
 former Annuitant joins} to a Truftee, In 
 Trufl to inveji a certain Sum at Intereft, for 
 the Purpofe of paying both Annuities ; with 
 a Covenant from the Executor that he will 
 pay fuch Sum to a Tniftee, or redeem the An- 
 nuities, agreeable to the Terms of Redemp- 
 tion, and in the mean Time to keep down the 
 growing Payments.* 
 
 THIS INDENTURE of five parts, made the 
 
 day of &c. between Charles Peck, of, &c. parties. 
 
 of the firft part; Barnes Mill, &c. of the fecond part; 
 Patrick Dann, of, &c. of the third part ; Jofeph Radd, 
 (heretofore called Jofeph Peck, the elder) of the fourth 
 part; and Robert White, of, &c. of the fifth part: 
 WHEREAS William Radd, late of, &c. Efq. de- Recital of a 
 ceafed, in and by his laft will and teftament in writing, wj 11 and cedi- 
 
 ' , , f P cil whereby 
 
 bearing date on or about the r day or in the grantor is 
 
 the year of our Lord after bequeathing divers '""tied to a 
 
 r .L . . \ . r . fpecific ICMCV 
 
 ipecinc and pecuniary legacies, and deviling certain anf ] to a moiety 
 real eftates therein mentioned, as to for and concern- ( the refidue 
 ing all the reft and refidue of his goods, cattle, chat- j ier ibnai eitate, 
 tels, ready money, debts, and fecurities for money, on his attaining 
 plate, houfhold goods, linen, and all other his per- years? 6 
 
 *The trufts created by this deed are not likelv to be carried into ex- 
 ecution, for it cannot be fuppofed but that the grantor will cunfentto 
 redeem the annuities fo foon as the fund atfigned will enable him fo 
 to do. 
 
 fonal
 
 362 APPENDIX OF PRECEDENTS. 
 
 fottal eftate and effects whatfoever and wherefoever, 
 and of what nature, kind, or quality foever the fame 
 might be, and not therein before by his will given and 
 difpofed of (after payment of his debts, funeral ex- 
 pences, and legacies therein before by him bequeathed, 
 and the expences of proving and regiftering his will) 
 he gave and bequeathed the fame and every part there- 
 of, in manner in the faid will mentioned; and the faid 
 teflator did by his faid will appoint the faid Jofeph 
 RadJ, then Jofeph Peck, fole executor thereof. AND 
 WHEREAS the faid William Radd duly mr.de and 
 pnblifhed a certain writing or codicil to his faid will, 
 
 the codicil bearing date the day of in 
 
 the year of our Lord and thereby after taking 
 
 notice that he had in and by his faid will (among other 
 things) after payment of his debts, funeral expences, 
 and legacies by him given and bequeathed in and by 
 his faid will, and the expences of proving and regifter- 
 ing the fame, given and bequeathed all the reft, refi- 
 <iue and remainder of his perfonal eftate to all the eight 
 younger children of his nephew, the faid 'Jofeph Radd t 
 then 'Jofeph Peck, in manner therein and in and by the 
 faid herein before recited will mentioned, the faid tef- 
 tator did in and by the faid writing (which he did de- 
 dare to- be a codicil to his faid will, and direct to be 
 taken as part thereof) as to the bequeft in the faid will 
 contained, of and concerning all the reft, reftdue and 
 remainder of his perfonal eftate, revoke and make void 
 the fame, and did thereby give and bequeath unto his 
 great nephews and nieces, fons and daughters of his 
 nephew the faid Jofeph Radd y then Jofeph Peck, name- 
 ly, Jof-'ph, Charles, Mary y Ann, Sarah, Elizabeth, 
 Hannah and Ruth, and to each and every of them, the 
 fum of 500'. to be paid to them by his truftee and ex- 
 ecutor in his will named, when and fo foon as they 
 fhould feverally and refpeftively attain their feveral and 
 refpective ages of twenty-one years or be married, 
 which fhould firft happen j And the faid teftator did by 
 his faid codicil give and bequeath all the reft, reliduc 
 and remainder of his perfonal eftate, of what nature 
 or kind foever, after payment of his debts, funeral ex~ 
 
 peaces
 
 APPENDIX OF PRECEDENTS. 
 
 pences and legacies by him given in and by his (aid will 
 
 (and of that his codicil and the expences of proving 
 
 and regiftering the faid will) unto his great nephews, 
 
 the faid Jofeph Peck, the younger, and Charles Peck, 
 
 equally to be divided between them, fhare and fhare 
 
 alike, and to be for their feveral and refpe&ive ufe and 
 
 ufes, and as they fhould attain their refpedlive ages of 
 
 twenty-one years or be married, which fhould firft 
 
 happen. AND WHEREAS the faid teftator departed Death of teft*. 
 
 this life fome time in or about the month of November, tur 
 
 without revoking or altering his faid will 
 
 otherwife than by his faid codicil, and without revok- 
 ing or altering his faid codicil, upon whofe deceafe the 
 faid Jofcph Radd accepted the faid executorfbip, and 
 duly proved the faid will and codicil in the Prerogative 
 Court of the Archbifhop of York. AND WHEREAS ^jjjjjjj 
 the faid Charles Peck long fince attained his age of f fumed Jufc 
 twenty-one years, and thereupon became intitled to a 3 e f"- 
 the faid legacy, or fum of 5oo/. given and bequeathed 
 to him in and by the faid recited codicil, and alfo to a 
 moiety or half part of the refidue of the perfonal eftate 
 of the faid William Radd. AND WHEREAS the Ami hath re, 
 faid Charles Peck hath fince he attained the age bfjjjjjjjjjj 
 twenty-one years, received of the faid Jofiph Radd legacy. 
 feveral fums of money, amounting together to the fum 
 of 5487. or thereabouts, on account of the faid legacy of 
 5oo/. and the moiety of the refidue of the perfonal eftate 
 of the faid William Radd, bequeathed to him the faid 
 Charles Peck, by the faid codicil of the faid Wiliam 
 Radd deceased. AND WHEREAS by indenture bear^ Recital of grant 
 ing date on or about the 7th day of March 1796, and J* J kjJJJf 
 made or exprefled to be made between the faid Charles upon the lega- 
 Peck of the one part, and the faid James Mil! of the 
 other part, reciting to the effcdt herein before recited, 
 AND RECITING, That the faid James Mill had con- 
 tracted and agreed with the faid Charles Peck for the 
 purchafe of one annuity, or yearly fum of 45/ f for and 
 during the natural lives of Thomas Mill, fon of 
 the faid James Mill, and Robert IVibb, of, &c. and 
 the life of the furvivor or longer liver of them, at or 
 for the price or fum of 3607. AND RECITING that 
 3 the
 
 APPENDIX OF PRECEDENTS. 
 
 the faid Charles Peck, by his bond or obligation in writ- 
 ing under his hand and feal, bearing even date with 
 the now reciting indenture, had become bound unto the 
 faid "James Mill in the penal fum of 720.'. with a con- 
 dition thereunder written for making void the fame, if 
 the faid Charles Peck, his heirs, executors, or adminif- 
 trators, fhould well and truly pay, or caufe to be paid, 
 unto the faid James Mill y his executors, adminiftrators, 
 or afligns, for and during the natural lives of them the 
 faid Thomtu Mill and Robert Webb^ one annuity, or yearly 
 fum of 45 /. of lawful money of Great Britain, free 
 from taxes, and clear of all other deductions whatfo- 
 ever, on four days or times in the year, (that is to fay) 
 
 on the day, &c. in every year, by even and equal 
 
 portions, the firft payment thereof to begin and be 
 
 made on the day of next enfuing the 
 
 day of the date of the faid bond or obligation ; And 
 alfo if the laid Charles Peck, his heirs, executors, or 
 adminiftrators, fhould well and truly pay, or caufe to 
 be paid, unto the faid James Mill) his executors, ad- 
 miniftrators, or afligns, in cafe the furvivor of them 
 the faid Thomas Mill and Robert Webb fhould depart 
 this life on any day on which any quarterly payment 
 of the faid annuity, or yearly fum of 45 /. fhould be- 
 come due, the whole or fuch quarterly payment; And if 
 on any other day, in cafe fuch day fhould happen be . 
 fore any quarterly payment of the faid annuity, or 
 clear yearly fum of 451'. mould have become due> then 
 a proportionable part of the quarterly payment of the 
 faid annuity, or yearly fum of 45 /. to be computed 
 from the day of the date of the faid bond or obligation 
 now in recital, to the day of the death of fuch fur- 
 vivor; But in cafe any quarterly payment of the faid 
 annuity, or yearly fum of 457. fhould have become 
 due at the time of the deceafe of the furvivor of them 
 the faid Thomas Mill and Robert Webby then from fuch 
 of the faid quarterly days of payment of the faid an- 
 nuity, or yearly fum of 457. as fhould happen to be 
 next and immediately preceding the day of the death 
 of fuch furvivor or to the day of his deceafe. AND 
 ALSO RECITING, That for better fecuring the pay- 
 
 4 ment
 
 APPENDIX OF PRECEDENTS. 365 
 
 ment of the faid annuity, or yearly fum of 45 /. the 
 faid Ckarlfs Peck, had executed a. warrant of attorney, 
 bearing even date with the faid bond and the now re- 
 citing indenture, thereby authoring and empowering 
 certain attornies therein named to confefs a judgment 
 againft him in his Majefly's Court of King's Bench, 
 in an action of debt upon the faid bond for the faid 
 fum of 72o/. and cofts of fuit. AND FURTHER RE- 
 CITING, That upon the treaty for the purchafe of the 
 faid annuity, or clear yearly fum of 457. it was agreed 
 that the right and intereft of him the faid Cbar.'es 
 Feck, of in and to the faid legacy, or fum of 5oo/. and 
 alfo of in and to the moiety of the refidue of the per- 
 ional eltate and effects of the faid Wi'.iiam Radd, de- 
 ceafed, which he the faid Charles Peck was then inti- 
 tled unto, fhould be affigned unto the faid James Mill^ 
 in truft for better fecuring the payment of the faid an- 
 nuity. IT IS WITNESSED, that in confideration 
 of the fum of 360!. to the faid Charles Peck by the faid 
 James Mill, in hand paid, being the confideration for 
 the purchafe of the faid annuity, or clear yearly fum 
 of 45/. he the faid Charles Peck did bargain, fell, 
 affign, transfer and fet over unto the faid James Mill, 
 his executors, adminiftrators, and afligns, all that the 
 faid legacy or fum of joo/. and allb the moiety or half 
 part of the refidue of the perfonal eftate of the faid 
 William Radd deceafed, to which he the faid Charles 
 Peck was become intitled under and by virtue of the 
 faid recited codicil of the laid William Radd, and al! 
 the right, title, and intereit of him the faid Charles 
 Peck, both at law and in equity, of in and to the fame 
 and every part thereof, upon the trulls and to and for 
 the ends, intents and purpofes therein declared and 
 hereinafter mentioned concerning the fame, (that is to 
 fay) IN TRUST in the firfl place, as and when the 
 fame fhould become payable, to retain to himfelf the 
 faid James Mill,, his executors, adminiftrators, and 
 afligns, the faid annuity, or yearly fum of 45/. at the 
 days and times in the condition to the faid bond or 
 obligation mentioned, and after retaining to himfelf 
 all expences attending the receiving and collecting the 
 
 fame,
 
 366 
 
 APPENDIX OF PRECEDENTS. 
 
 fame, to pay the furplus thereof unto the faid Charles 
 Peck, his executors, adminiftrators, and affigns, or to 
 fuch other perfon as he Ihould order, direct, or ap- 
 point ; And after reciting that upon the treaty for the 
 purchafe of the fnid annuity, or yearly fum of 45/. 
 therein before mentioned, it was mutually agreed by 
 and between the faid Charles Peck and James Mill, 
 that the faid Charles Peck, fhould at any time thereafter 
 be at liberty to re-purchafe and buy up the faid annuity, 
 or yearly fum of 457. upon giving unto the faid James 
 Mi'!, his executors, administrators, or affigns, ten 
 days notice of fuch his intention, and upon paying 
 unto the faid 'James Mill, his executors, adminiftra- 
 tors, or affigns, at the expiration of the time to be 
 mentioned therein, the full fum of 382/. iox. being 
 the original purchafe-money, and half a year's annuity, 
 of lawful money of Great Britain, as and for the con- 
 fideration of fuch re-purchafe of the faid annuity, or 
 yearly fum of 457. together with all arrears that mould 
 be due on the faid annuity, or yearly fum of 457. and 
 a proportionable part thereof from the laft day of pay- 
 ment thereof preceding fuch re-purchafe up to and until 
 the re-purchiifmg the fame. IT IS FURTHER WIT- 
 NESSED, That for effectuating the faid laft mentioned 
 agreement, it is thereby declared and agreed by and 
 between the faid parties to thofe prefents, to be the 
 true intent and meaning of thofe prefents and of the 
 faid parties; And the faid James Mill for himfelf, his 
 heirs, executors, and adminiftrators, did thereby co- 
 venant, promife, and agree to and with the faid Charles 
 Peck, his executors, adminiftrators, and affigna, that 
 in cafe the laid Charles Peck fhould at any time there- 
 after be minded and defirous of re-purchafing the faid 
 annuity, or yearly fum of 457. and of fuch his inten- 
 tion fliould give unto the faid James Mill, his execu- 
 tors, adminiftrators, or affigns, notice in writing by 
 the fpace of ten days, that he the faid James Mill, his 
 executors, adminiftrators, or affigns, mould and would 
 at the end of the faid ten days from the time fuch no- 
 tice fliould be given as aforefaid, on receiving all and 
 every fum and fums of money whatfoever that fhould 
 
 be
 
 APPENDIX OF PRECEDENTS. 367 
 
 be then due for the arrears of the faid annuity, or 
 yearly fum of 45/. together with a proportionable part 
 thereof from the laft day of payment thereof preceding 
 fuch re-purchafe up to the day of re-purchafing the fame 
 as aforefaid, accept, receive, and take the faid fum of 
 3827. los. as and in full for the re-purchafe of the faid 
 annuity, or yearly fum of 45 /. therein before granted 
 as aforefaid j And on receipt of the faid fum of 
 3827. IOJ-. and all arrears of the faid annuity, or clear 
 yearly fum of 45/. therein before granted as aforefaid, 
 and fuch proportionabe part thereof as aforefaid, mould 
 and would at the proper cofts and charges in the law 
 of him the faid Charles Peck, deliver up the faid bond 
 to the faid Charles Peck to be cancelled, and then and 
 in fuch cafe the faid annuity, or yearly fum of 45 /. 
 and the powers and remedies thereby given for recover- 
 ing the fame and enforcing the payment thereof, and 
 the trufts therein before declared for fecuring the fame, 
 fhould ceafe, determine and be void. AND WHERE- Recital of con- 
 AS the faid Patrick Dann hath contraded and agreed J^hrfe "rf 
 with the faid Charles Peck for the abfolute purchafe of annuity tor the 
 an annuity, or clear yearly fum of 8o/. of lawful, Sec. 
 to be paid to the faid Patrick Dann, his executors, ad- 
 miniilrators, and affigns, for and during the natural 
 lives of him the faid Patrick Dunn, and of the faid Ro- 
 bert Webb, and the life of the furvivor of them, to- 
 gether with fuch eventual proportionable part of the 
 fame annuity as hereinafter mentioned, at or for the 
 price or fum of 6407. out of which, &c. (State ex- 
 pencesj. AND WHEREAS it was agreed upon the which is 
 treaty for the purchafe of the faid annuity, or clear ^ cu f ^ %F y 
 yearly fum of 8o/. that the fame mould be fecured by a ndrefi*<3 
 the bond or obligation of the faid Charles Peck, and by perfonal 
 a warrant of attorney for confefTmg a judgment there- 
 on, and upon the faid legacy or fum of 500'. and the 
 moiety of the refidue of the perfonal eftate of the faid 
 William Radd deceafed, to which he the faid Char'es 
 Peck is become intitled under and by virtue of the faid 
 will or codicil as aforefaid, after deducting thereout 
 the money fo advanced by the faid Jofepb Radd on the 
 account aforefaid, in manner hereinafter mentioned. 
 
 ANI>
 
 368 
 
 APPENDIX OF PRECEDENTS. 
 
 A lkl2S?hath AND WHEREAS the faid Charles Peck hath applied 
 LVen made to to and requefted the faid James Mill to join with him 
 theiirft annul- j n afli^niiicr the faid legacy, or fum of coo/, and alfo 
 
 tSUU toioin ill . .- , r i n. r i / i TIS-,,- 
 
 affignment up- the moiety of the perfonal eitate of the faid William 
 
 on the truits a( M deccafed, unto the faid Robert White t his execu- 
 
 ed. ' " tors, adminiftrators, and affigns, upon the trufts and 
 
 to and for the ends, intents and purpofes hereinafter 
 
 mentioned, expreiTed and declared of and concerning 
 
 Andthatthe the fame. AND WHEREAS all arrears of the faid 
 
 nrlt annuitant , r / i_ i_ T T i 
 
 .ath been paid annuity, or yearly lum of 457. have been duly paid 
 nil arrears up and fatisfied unto the faid James Mill up to the 7th 
 clay of September next enfuing the date hereof, which 
 he the faid 'James Mill doth hereby admit and acknow- 
 ledge. AND WHEREAS, (Recite bond and -warrant 
 of attorney to Patrick Dann., as in Precedent No. VIII}. 
 NOW THIS INDENTURE WITNESSETH, That 
 
 to a certain 
 day. 
 
 Grant of an- 
 nuity. 
 
 in further purfuance of the faid agreement, and for and 
 in confideration of the fum of 6407. of lawful money 
 of Great Britain, by the faid Patrick Dann, in his own 
 proper perfon, to the faid Char'es Peck, in his own 
 proper perfon, in hand well and truly paid at or before 
 the fealing and delivery of thefe prefents, the receipt 
 whereof he the faid Char'es Peck, doth hereby acknow- 
 ledge, and thereof and of and from the fame and every 
 part thereof doth acquit, releafe, and difcharge the faid 
 Patrick Dann, his executors, adminiftrators, and af- 
 figns, and every of them by thefe prefents, he the faid 
 Char'es Peck, HATH given, granted, bargained, fold, 
 and confirmed, and by thefe prefeHts DOTH, &c. 
 unto the faid Patrick Dann, his executors, adminiftrators, 
 and afligns, for and during the natural lives of them the 
 faid Patrick Dann and Robert Webb, and the life of the 
 furvivor of them, one annuity, or yearly fum of 8o7. 
 of lawful money of Great Britain, free and clear of 
 and from all taxes and deductions whatfoever, TO 
 HAVE AND TO HOLD, receive and enjoy the 
 faid annuity, or yearly fum of 8o/. hereby given, 
 granted and confirmed, or expreflcd fo to be and every 
 part thereof, unto the faid Patrick Dann, his execu- 
 tors, adminiftrators, and afligns, from henceforth for 
 and during the natural lives of them the faid Patrick 
 
 Dann
 
 APPENDIX OF PRECEDENTS. 36 
 
 Dann and Robert Webb, and the life of the furvivor of 
 them, and up to the day of the deceafe of fuch fur- 
 vivor, by four equal quarterly payments in the year, 
 on the feveral days following, (that is to fayl on the 
 - day, &c. by even and equal portions, to- 
 gether with fuch proportionable part of the faid an- 
 nuity, or yearly fum of 8o/. for the time which at the 
 deceafe of the furvivor of them the faid Patrick Dann 
 and Robert Webb, (hall have elapfed of the quarterly 
 payment of .the faid annuity, growing due at the time 
 of the deceafe of fuch furvivor, as in the condition to 
 the faid herein before in part recited bond or obliga- 
 tion, bearing even date with thefe prefents mentioned, 
 the faid annuity, or yearly fum of 8o/. to be fo paid 
 and payable to him the faid Patrick Dann, his execu- 
 tors, adminiftrators, and afligns, at or in the Common 
 Dining Hall of Lincoln's Inn in the county of Middle- 
 fex, free and clear of and without making any abate- 
 ment or deduction whatfoever thereout, or out of 
 any part thereof, for or in refpecl: of any taxes, 
 charges, afleflments, payments, or other impofitions 
 whatfoever, now taxed, charged, aflefled, or impof- 
 cd, or to be taxed, charged, aflefled, or impofed 
 upon the faid annuity, or yearly fum of 8o/. or any 
 part thereof, or upon the faid Patrick Dann, his exe- 
 cutors, adminiftrators, or afligns, in refpecl: thereof, 
 by authority of parliament or otherwife howfoever ; 
 And the firft of the faid quarterly payments of the faid 
 annuity, or yearly fum of 8o/. to begin and be made 
 
 on the day next enfuing the date of 
 
 thefe prefents, and fuch proportionable part to be paid 
 immediately after the deceafe of the furvivor of them 
 the faid Patrick Dann and Robert Webb, which faid 
 annuity hereby granted is the fame annuity meant to 
 be fecured by the bond of even date herewith. AND Covenant to 
 the faid Charles Peck for himfelf, his heirs, executors, pay aruiulty - 
 and adminiftrators, doth hereby covenant, promife, 
 and agree to and with the faid Patrick Dann, his exe- 
 cutors, adminiftrators, and afligns, that he the faid 
 Charles Peck, his heirs, executors, or adminiftrators, 
 fhall and will well and truly pay, or caufe to be paid, 
 unto rhe faid Patrick Dann, his executors, adniiniftra- 
 
 BB rors,
 
 37 a APPENDIX OF PRECEDENTS. 
 
 tors, and afiigns, for and during the natural lives 
 of them the laid Patrick Dann and Robert Webb, and 
 the life of the furvivor of them, the faid annuity* 
 or yearly fum of 8o/. of lawful money of Great Bri- 
 tain, free and clear of and from all taxes, charges, 
 rates, and other deductions whatfoever, parliamentary 
 or otherwife, at the days and times and in manner 
 herein before mentioned and appointed for payment 
 thereof,and unto theexecutors,adminiftrators,orafligns, 
 of the laid Patrick Danit, fuch eventual proportionable 
 part of the faid annuity, or yearly fum of 8o/. as in 
 the faid condition to the faid bond, bearing even date 
 with thefe prefents, is mentioned. AND THIS IN- 
 
 Affisnment of DENTURE FURTHER WITNESSETH, That for 
 cftateTy the consideration aforefaid, and for the further and 
 
 the grantor and better fecuring the due and punctual payment of the 
 
 prior annuitant,. ., . , f r o 7 i i_ .. j 
 
 to a tniitee up- laid annuity, or yearly lum or 8o/. hereby granted as 
 on mift, there- aforefaid, and fecured by the faid bond as aforefaid, 
 
 out to mvelt i 1 r i i r r j r i 
 
 3000). upon fe-and the faid annuity, or yearly turn of 45.'. iecurea to 
 
 urity at inte- the faid James Mill as aforefaid ; And alfo for and in 
 
 he'refidue to consideration of the fum of io.f. a piece of like lawful 
 
 grantor, and money to them the faid James Mill and Charles Peck., 
 
 tereftinthe * n hand well and truly paid by the faid Robert White, 
 
 lirft place to a t or before the feaiing and delivery of thefe prefents 
 pa v nm annul- , , . , <- i i i t "i i, i i 
 
 rant his annul- (the receipt whereof is hereby acknowledged) he the 
 
 ty, and then the f a id Jatnes Mill (at the nomination and by the direc- 
 
 prefent one. . J . . rir-in-;rx n- 
 
 and to pay the tion and appointment or the laid rat>icx Darin, teiti- 
 furplusofthe fi e d by his being made a party to and executing thefe 
 
 intcrcit to pr^n- 
 
 tor, and upon prefents) HATH bargained, fold, afligned, transfer- 
 determination rec i an j f et over, and by thefe prefents DOTH bar- 
 ot either of an- . /- n rr r \~? A i i r i 
 
 nuiries, to g ain > & allign, transicr, and let over; Ann the iaid 
 
 t anstera Charles Peck (at the like nomination and by the like 
 
 blepartor direction) HATH granted, bargained, fold, afligned, 
 
 principal to ratified and confirmed, and by thefe prefents DOTH 
 
 grantor, and . / rr < i r 
 
 upon the tie- grant, bargain, lell, amgn, ratify and confirm unto 
 
 urmmation, of ^ Q fa<{ Robert White, his executors, adminiftrators, 
 both the whole. , -,- n i !<-' 'i r r 
 
 and ailigns, all that the laid legacy or ium of ^oo,, 
 
 and the moiety or half part of the refidue of the per- 
 Ibnal eftate of the faid fi/'iUiam Radd deceafed, to which 
 he the faid Charles Peck is become intitled under and 
 by virtue of the faid recited codicil of the faid William
 
 APPENDIX OF PRECEDENTS. 
 
 after a dedu&ibn of the fai'd fum of 59<J/. or 
 thereabouts, fo advanced and paid by the faid Jofeph 
 Rttddtv the faid Charles Peck as aforefaid; And all the 
 right, title, and intereft of them the laid James 
 and Charles Pec/-: and eaeh of them both at law and ia 
 equity, of in and to the fame and every part thereof, 
 TO HAVE, HOLD, receive and take the fame unto 
 the faid Robert White, his executors, adminiftrators, 
 and affigns, upon the trufts and to and for the ends, 
 intents, and piirpofes hereinafter mentioned, exprefled, 
 and declared, of and concerning the fame, (that is to 
 fay) UPON TRUST, That he the faid Roltrt White, 
 his executors, .adminiftrators, or affigng, do and mail 
 as and when the fame' fhall become due and payable, 
 and be had and received by the faid Robert White, his 
 executors, adminiftrators, or affigns, retain thereout 
 all his cofts, charges, and expences in and about the 
 execution of the trufts thereby in him and them re- 
 pofed; and in the next place pay, iatisfy, and difcharge 
 thereout all arrears of the faid annuity, or yearly fum 
 of 4^7. and in the next place all arrears of the faid an- 
 nuity, or yearly 'fum of 8o/. and after payment of all 
 coftsy charges, ar:d expences, and the arrears of the 
 faid two annuities, do and fhalt place out or invert 
 out of the refidue of the money fo to be received by 
 him or them the fum of 3000'. in or upon good go- 
 yernment or real fecurities, at intereft in the name or 
 names of him the faid Rvbtrt White, his executors or 
 adminiftratorsi and P av the furplus as the fame ihall 
 be received tnto the faid Char its I-CCF, his executors, 
 ndminiftrators, or affigns, or apply the fame as he or 
 they fhall riiret; and do and {hall (land and be pof- 
 feffed of and interefted in the money fo to be placed 
 out or inverted UPON TRUST, by and out of the 
 intereft, dividends* and annual proceeds thereof, in 
 the firft place to pay and fatisfy unto the faid 'fames 
 Mill, his executors, adminiftrators, and affigna, the faid 
 annuity, or yearly fum of 45 '. fecured to him the faid 
 y 'nmes Mill, his executors, adminiftrators, and affigns, 
 in and by the faid herein before in part recited inden- 
 ture, as the fame ihall thenceforth grow due at the 
 B B 2 days
 
 APPENDIX OF PRECEDENTS. 
 
 days and times and in manner therein mentioned and 
 appointed for payment thereof, and in the next place 
 to pay and fatisfy unto the faid Patrick Dann, his ex- 
 ecutors, adminiftrators, and afligns, the faid annuity, 
 or yearly fum of 8o/. at the days and times and in man- 
 ner in the condition to the faid recited bond or obliga- 
 tion, bearing even date herewith, mentioned as the fame 
 (hall thenceforth grow due ; and from and after payment 
 of the faid two annuities, or yearly fums of 457. and 
 So/, and all arrears thereof as the fame fhall grow due 
 refpeftively, and all cofls, charges, and expences re- 
 lating thereto, or occafioned in the execution of the 
 trufls hereby in the faid Robert White, his executors, 
 adminiftrators, and affigns repofed, UPON TRUST 
 from time to time to pay the overplus of the dividends, 
 intereft, and annual proceeds of the money fo to be in- 
 verted as aforefaid, (if any fuch there be) unto the faid 
 Charles Peck^ his executors, adminiftrators, or affigns, 
 or as he or they {hall direft. AND UPON FUR- 
 THER TRUST, from and immediately after the de- 
 termination of either of the faid annuities and pay- 
 ment of all arrears thereof, and of fuch cofts, charges, 
 and expences as aforefaid, up to that time to tranfer or 
 affign (as the cafe may require) a proportionable part 
 of the lecurities or funds in or upon which the faid fum 
 of 3<DOO/. (hall be invefted unto the faid Charles Peck^ 
 his executors, adminiftrators, or afligns, or as he or 
 they lhall direct or appoint; and from and immediately 
 after the determination of both the faid annuities and 
 payment of all arrears thereof, and of fuch cofts, 
 charges, and expences as aforefaid, to affign or trans- 
 fer the (locks, funds, and fecurities, in or upon which 
 the faid fum of 3ooo/. or the refidue thereof, {hall be 
 then invefted (as the cafe may be) unto the faid Charles 
 Peck, his executors, adminiftrators, or nffigns, or as 
 he or they {hall direcT:. AND for the confiderations 
 aforefaid he the faid Charles Peck HATH made, or- 
 dained, nominated, conftituted, and appointed, and 
 Letter of attor-i . r ,. -r/-v-r>TT i 
 
 i:ey ro receive by theie prelents DO1H make, ordain, nominate, 
 
 the money of conftitute, and appoint the faid Robert White, his ex- 
 executnr under \ -n i rr i , 11 
 
 tiie will ecutors, aumimltrators, and aiugns, his true and law- 
 
 ful
 
 APPENDIX OF PRECEDENTS. 
 
 ful attorney and attornies, irrevocable for him the faid 
 Charles Peck and in his name, place, and (lead, to afk, 
 demand, fue for, and recover, of and from the faid 
 Jofeph Radd as the fole executor named in the faid will 
 of the faid William Radd deceafed, as afoi'efaid, the 
 faid legacy or fum of 5007. and alfo the moiety or half 
 part of the refidue of the perfonal eftate and effects of 
 the faid William Radd deceafed, to which he the faid 
 Charles Peck is intitled as aforefaid, after allowing 
 thereout unto the faid Jofeph Radd the faid fum of 54 8/. 
 or thereabouts, fo already paid by tke faid Jofeph Radd 
 to the faid Charles Peck as aforelaid, and upon receipt 
 thereof or of any part thereof receipts, acquittances, 
 and difcharges for the fame, to give either in the name 
 of him the faid Charles Peck, or in the name of him 
 the faid Robert White, and one or more attorney or 
 attornies under him to fubftitute and appoint for the 
 purpofes aforefaid, and for what lie the faid Robert 
 White, his executors, adminiitrators, or afligns fliall 
 lawfully do or caufe to be done in and about the pre- 
 mifes, this ihall be to him and them a fufficient war- 
 rant and authority. AND the faid James Mill doth covenant that 
 hereby for himfelf, his heirs, executors, and adminif- the lirft annui- 
 trators covenant and declare to and with the faid Robert ^Ift^* 9 
 White, his executors, adminiftrators, and affigns, That cumber, 
 he the faid James Mill hath not at any time heretofore 
 made done or committed, or wittingly or willingly per- 
 mitted or fuffered to be done any a<r, deed, matter, 
 or thing whatfoever, whereby or wherewith the faid 
 legacy or fum of 5OO/. or the moiety or half part of 
 the net refidue of the faid eitate and effects hereby af~ 
 figned or intended fo to be, are is can mail or may be 
 impeached, charged, or incumbered in title, charge, 
 eftate, or otherwife howfoeverj AND the faid dwles And that gran- 
 Peck for himfelf, his heirs, executors, and adminiftra-| a ^M ne 
 tors doth covenant, promife, and agree to and with the cumber except 
 faid Robert White, his executors, adminiitrators, and ^eJ " meD " 
 afligns by thefe prefetits in manner and form following, 
 (that is to fay) That he the faid Charles Peck hath not 
 at any time heretofore made done or committed, or 
 wittingly or willingly fuffered to be dene any at, deed, 
 a B 3 matter,
 
 274 APPENDIX OF PRECEDENTS. 
 
 matter, or thing whatfoever, whereby or wherewith, 
 or by reafon or means whereof the faid legacy or fum 
 of 5007. or the moiety or half part of the net refuiue 
 of the faid eftatc and effects hereby afCgned or in- 
 tended fo to be, are is can (hall or may be impeached, 
 charged, or incumbered in title, charge, eftate, or 
 otherwife howfoever (fave and except the faid herein 
 before in part recited indenture or as herein before 
 And for further j 6 mentioned). AND ALSO, That he the faid Charles 
 Pfd-y his executors or adminiftrators, and all and every 
 other perfon and peribns whomfoever lawfully claiming 
 any right, title, intereft, or property whatfoever, of 
 in or to the faid hereby affigned premiies, or any part 
 thereof, by from or under him (except as aforefaid) 
 fhall and will from time to time and at all times here- 
 after at the reafonable requeft of him the faid Robert 
 White, his executors, adminiftratoi;s, or affigns, but at 
 the proper cofts and charges in the law of him the faid 
 Char its Peck, his executors or adminiftrators, make do 
 and execute or caufe or procure to be made done or 
 executed, all and every inch further and other lawful 
 and Teafonable act and acis, thing and things, devices, 
 conveyances, and aflurances in the law whatfoever, as 
 well for the better and more effectually fecuring thereout 
 the faid annuity, or clear yearly fum of 8o/. in manner 
 herein before mentioned and expreffed, as aJfo for the 
 corrobating and ftrengthening thefe prefents, and every 
 article and power hereby before given, as by the laid 
 Robert White, his executors, administrators, or aii 
 The executor or his or their counfel learned in the law fhall be rea- 
 r?h er ? e fl? 1 ' fona bly advifed and required. AND THIS IN DEN- 
 Sallparties' TURK FURTHER WITNESSETH, That for the 
 thefaiT'ejfo- ^ >etter and more effectually and abfolutely fecuring the 
 y.aleirate&ail payment of the faid two annuities, or clear yearly fums 
 
 hSSmw f 45/> and 8o ' aud alfo for and in confideration of 
 faid joooL or if the fum of lO.f. of lawful, &c. to the faid Jofeph Radd 
 
 an!S S C fhali e ' iT1 h . 3nd P aid b ^ the faid Robert M /Mfe > at or bsfore the 
 be exifting, a fealing and delivery of thefe prefents, the receipt 
 
 whereof is hereby acknowledged; he the laid "Jofeph 
 
 upon fecurity tn the ^ a fo efiiJ, or orficnvife redeem 
 
 me anniuUCS as a f ter e^i-eUcd, aini Wtt^ down U 4 ;;imu1ties ia the mean time. 
 
 ' Radd
 
 APPENDIX OF PRECEDENTS. 
 
 Radd (at the requeft and by the direction and appoint- 
 ment of the faid Charles Peck, James Mill, and Patrick 
 Dann, teftified by their fevevally being parties to and 
 refpelively executing thefeprefents), DOTH for him- 
 felf, his heirs, executors, and adminiflrators, cove- 
 nant, promife, declare, and agree to and with the faid 
 Robert White, his executors, administrators, and af- 
 figns, by thefe prefents, That he the faid Jofeph Radd 
 fhall and will from time to time as the refidue of the 
 perfonal eftate of the faid William Radd (hall come to 
 the hands of him the faid 'Jofeph Radd, as executor as 
 aforefaid, by and out of fuch part of the perfonal eftate 
 of the faid William Radd as is bequeathed by the faid 
 codicil to the faid Charles Peck, and the intereit thereof 
 after deducting the faid fum of 548'. or thereabouts, 
 already paid by the faid Jofeph Radd to the faid Charles 
 Peck as aforefaid, in cafe both the faid annuities of 45, ; . 
 and 8o/. fhall be then fubfifting, pay or caufe to be 
 paid the faid fum of 3000'. or if only one of the faid 
 annuities mail be then fubfifting, a proportionable part 
 thereof unto the faid Robert White, his executors or 
 adminiflrators, or inveil the fame in good, real, or 
 government fecurities, in his or their name or names, 
 upon the trufts, and to and for the intents and pur- 
 pofes and under and fubject to the provifaes, decla- 
 rations, and agreements herein before and hereinafter 
 declared and exprefled of and concerning the fame, or 
 otherwife fhall and will redeem the faid annuities, 
 or fuch one of them as (hall be then fubfifting accord- 
 ing to the terms and in the manner hereinafter ex- 
 prefled, and in the mean time pay and keep down the 
 faid annuities, or fuch one of them as (hall be then fub- 
 fifting, fo far as the fhare of the faid Charles Peck of 
 and in the perfonal eftate fo to be received, and the in- 
 tereft thereof after fuch deduction as aforefaid (hall 
 extend. {Add defeasance on judgment to Patrick 
 and clai/fe of redemption of annuity to Patrick 
 and alfo claufe of redemption of annuity to James Mill], 
 
 In witnefs, &c. 
 
 BB 4 CHAP. 
 
 375
 
 [ 37* 
 
 CHAP. XIII. 
 
 GRANTS OF ANNUITY CHARGED UPON 
 FREEHOLD ESTATES, WHERE THE 
 GRANTORS ARE SEISED IN FEE. 
 
 No. XXXI. 
 
 GRANT of ANNUITY for the Lives of three 
 Perfons named by the Grantee, charged upon 
 Eftates in Fee-firnple, and a Demife of the 
 fame Premifes for 500 Years to a Tntjlec 
 in Truji, for better fecuring the fame, and 
 Power to redeem on Payment of Half Fears 
 Annuity*. 
 
 day of' 
 
 4Oth Geo 3, &c. 1799, between John Daffy, of 
 
 Efq. of the firft part; John Fijher, of gent. 
 
 of the fecond part ; and Henry Sharp, of the Inner 
 Temple, London, gent, of the third part. WHEREAS 
 
 * The yearly value of the eftates here demifed as a fecurity, being 
 of greater value than the annuity granted, a memorial thereof need 
 not be inrclJeri, being exempted 'by the 8th fe6tion .of the aft, as 
 fuch the forms observed in other deeds are omitted ; ami therefore the 
 grantor fhould have a counterpart of the fecurities, as the title-deeds 
 of the eftates neceffarily accompany this fecurity. 
 
 the
 
 con- 
 
 APPENDIX OF PRECEDENTS. 377 
 
 the faid John Daffy is feifed in fee-fimple of and in 
 the feveral mefluages or tenements, farms, lands, he- 
 reditaments and premifes hereinafter mentioned and 
 defcribed. AND WHEREAS the faid John Fijher Recital of 
 hath contracted and agreed with the faid John Daffy traft for the 
 for the ablblute purchafe of one annuity, or yearly purc a e> 
 fum of 400/. of lawful money of Great Britain, to be 
 paid and payable unto the faid John Fljher, his execu- 
 tors, adminiftrators and afligns, for and during the 
 natural lives of A. B. of, &c. C. D. of, &c. and E. 
 F. of, &c. and the lives and life of the iurvivors and 
 furvivor of them, by four equal quarterly payments in 
 the year, together with a proportionable part of the 
 faid annuity tor the time which fhall elapfe between 
 the laft of fuch quarterly days of payment next pre- 
 ceding the day of the death of the furvivor or longeft 
 Jiver of them, the faid A. B. C. D. and E. F. and 
 the time of fuch furvivor or longeft liver's deceafe, at 
 or for the price or fum of 3,6oo/. AND WHEREAS 
 upon the treaty for the purchafe of the faid annuity or 
 yearly fum of 4-OO/. It was agreed by and between the 
 laid John Daffy and John Fijher, That for the more 
 effectually fecuring the due and punctual payment of 
 the faid annuity or clear yearly fum of 4OO/. unto the 
 faid John Fijher, his executors, adminiftrators and 
 afligns, for and during the natural lives of the faid 
 A. B. C. D. and E. F. and the lives and life of the 
 furvivors and furvivor of them, It was agreed that 
 the fame fhould be fecured by the bond or obligation 
 of the faid John Daffy, and by a warrant of attorney, 
 to confefs a judgment thereon, and fhould be charged 
 upon, and iituing and payable out of the feveral mef- 
 fuages or tenements, farms, lands, hereditaments, and 
 premifes hereinafter mentioned, and defcribed in man- 
 ner hereinafter mentioned. AND that for the further 
 and better fecuring the payment of the faid annuity, 
 or yearly fum of 4OO/. It was agreed that the faid 
 feveral mefluages or tenements, farms, lands, here- 
 ditaments, and premifes, (hould be dcmifed unto the 
 faid Henry Sharpe, his executors, adminiftrators, and 
 afligns, for the term of 500 years UPON TRUST, 
 4 for
 
 APPENDIX OF PRECEDENTS. 
 
 for better fecuring the payment of the faid annuity, 
 or yearly fum of 4OO/. in manner hereinafter men- 
 Recital of an- tioned - AND WHEREAS in purfuance of the 
 Huity boaid.' faid agreement, the faid "John Daffy, by his bond or 
 obligation in writing, under his hand and feal, bearing 
 even date with thefc prefents, hath become bound 
 unto the faid John Fijher, his executors, adminiftra- 
 tors, and afligns, in the penal fum of 7,20O/. with a 
 condition thereunder written for making void the 
 fame, if the faid John Dajffy^ his heirs, executors, or 
 adminiftrators, fhould well and truly pay, or caufe 
 to be paid, unto the faid John Fi/her, his executors, 
 adminiftrators, or afligns, for and during the natural 
 lives of them the laid A. B. C. D. and E. F. and the 
 lives and life of the furvivors and furvivor of them 
 one annuity, or yearly fum of4OO/. of lawful money of 
 Great Britain, free from taxes, and clear of all de- 
 ductions whatever on four days or times in the year ; 
 
 that is to fay, the day of the 
 
 day of the day of - and the 
 
 day of . in every year, by even and 
 
 equal portions, the firft payment thereof to begin and 
 
 be made on the day of next enfuing 
 
 the day of the date of the faid bond or obligation now 
 in recital ; And alfo, if the faid John Daffy, his heirs, 
 executors, or adminiftrators, fhould well and truly 
 pay, or caufe to be paid, unto the faid John Fijher, 
 his executors, adminiftrators or afligns, in cafe the 
 furvivor or longeft liver of them, the laid A. B. C. D. 
 and E. F. fhould depart this life on any day on which 
 any quarterly payment of the faid annuity, or yearly 
 fum of 4<DO/. fhould become due, the whole of fuch 
 quarterly payment ; And if on any other day, in cafe 
 iuch day ihould happen before any quarterly payment 
 of the faid annuity or yearly fum of 40O/. fhould 
 have become due, then a proportionable part of the 
 quarterly payment of the faid annuity or yearly fum 
 ot 40O/. to be computed from the day of the date of 
 the <aid bond or obligation now in recital to the day 
 of the death of the furvivor or longeft liver of them, 
 the faid A. B. C. D. and E, F. But in cafe any quar- 
 terly
 
 APPENDIX OF PRECEDENTS. 379 
 
 terly payment of the faid annuity or yearly fum of 
 4OO/. ihould have become due at the time of the de- 
 ceafe of the furvivor, or longeft liver of them, the 
 laid A. 5. C. D. and E. F. then from fuch of the faid 
 quarterly days of payments of the faid annuity or 
 yearly fum of 40O/. as fhould happen to be next and 
 immediately preceding the day of the death of the 
 f'urvivor or longeft liver of them, the faid A. B. C. D. 
 and E. F. to the day of fuch furvivor or longeft liver's 
 
 deceafe. AND WHEREAS in purfuance of the . 
 
 , r , . r i And warrant of 
 
 laid agreement, ana for the better iecuring the payment attorney. 
 
 of the faid annuity or yearly fum of 4-OO/. the faid 
 John Daffy hath executed a warrant of attorney, bear- 
 ing even date with the faid bond and thefe prefents, 
 thereby authorizing and empowering certain attor- 
 n;es therein named to confefs a judgment aga-inft him 
 in his Majefty's Court of King's Bench, in an action 
 of debt upon the faid bond for the faid fum of y,200/. 
 and coirs of fuit, as by the faid bond and warrant of 
 attorney, relation being thereunto refpeclively had, 
 may more fully and at large appear. NOW THIS Confideratkm. 
 INDENTURE WITNESSETH, That in pur. 
 fuance of the faid agreement, and for and in cor.dde- 
 ration of the fum of 3,6oo/. of lawful money of Great 
 Britain, by the laid John Flfner, to the faid John 
 Daffy in hand, well and truly paid, at or before 
 the fealing and delivery of theie prefents, the receipt 
 \vhereof he the faid John Daffy doth hereby acknow- 
 ledge, and thereof and therefrom and of and from 
 every part thereof, doth acquit, releafe, and discharge 
 the faid "John Fij'her^ his executors, adminiftrators or 
 ai'iigns, and every of them for ever by thefe prefents, 
 he the faid John Dafiy for himfelf, his heirs, executors, 
 and admmiitrators, doth grant, bargain, fell, and con- 
 firm unto the faid 'John Fljher, his executors, admi- 
 i.iitrators and afiigns, for and during the natural lives lands c% 
 of them the faid A. B. C. D. and E. F. and the lives 
 and life of the (Lrvivors and furvivor and longeft liver 
 of them one ar-nuity, or clear yearly rent-charge, or 
 Cum of 40O/. of lawful money of Great Britain^ to be 
 5 ifluing
 
 3 8o APPENDIX OF PRECEDENTS. 
 
 ifluing, payable, and going out of, and had received 
 and taken by him the laid John Fijher, his executors, 
 adminiftrators, and afsigns, by and out of and from 
 all and fmgular the feveral mefluages or tenements, 
 farms, lands, hereditaments, and premifes hereinafter 
 particularly mentioned and defcribed, and intended to 
 be hereby granted and demifed, with their and every 
 of their appurtenances, TO HAVE AND TO 
 HOLD, receive and enjoy the faid annuity, or clear 
 yearly rent-charge or fum of 4OO/. hereby given, 
 granted, and confirmed, or exprefted, or intended fo to 
 be, and every part thereof, unto the faid John Fifljer^ 
 his executors, adminiftrators, and afsigns, from hence- 
 forth for and during the natural lives of the faid A. B. 
 C. D. and E. F. and the lives and life of the furvivo'rs 
 and furvivor and longeft liver of them, and up to 
 the day of fuch furvivor or longeft liver's deceafe, by 
 four equal quarterly payments in the year, on the fe* 
 
 veral days following ; that is to fay, on the day 
 
 of the day of the day 
 
 of .. .. and the day of by even 
 
 and equal portions, together with a proportionable 
 part of the faid annuity, or yearly rent-charge for 
 the time, which at the deceafe of the furvivor or 
 longeft liver of them the faid A. B. C. D. and E. F. 
 fhall have elapfed of the quarterly payment of the faid 
 annuity growing due at the time of fuch furvivor or 
 longeft liver's deceafe, the faid annuity or yearly 
 rent-charge of 4OO/. to be fo paid and payable to him 
 the faid John Fijber, his executors, adminiftrators, 
 or afsigns, at or in the common dining-hall of Lin- 
 coln's Inn, in the county of Middlefex^ free and clear 
 of, and without making any abatement whatfoever 
 thereout, or out of any part thereof, for or in refpecl 
 of any taxes, charges, afleffments, payments, or im- 
 pofitions whatfoever, now taxed, charged, aflefled, 
 or impofed on the faid feveral mefluages or tene- 
 ments, farms, lands, hereditaments, and premifes 
 hereby charged therewith, or any of them, or any 
 part thereof, or on the faid annuity or yearly rent- 
 charge of 400/. or any part thereof or upon the faid 
 
 John
 
 APPENDIX OF PRECEDENTS. 
 
 John Fijher, his executors, administrators, or afligns, 
 in refpe& thereof, by authority of parliament or other- 
 wife howfoever. AND the firft of the laid quarterly 
 payments of the faid annuity or yearly rent-charge 
 
 hereby granted to begin and be made on the day 
 
 of next enfuing the date of thefe prefents, 
 
 and fuch proportionable part of the fame to be paid 
 immediately after the deceafe of the furvivor or longeft 
 liver of them the faid A. B. C. D. and E. F. AND Power of^f- 
 the faid "John Daffy for himfelf, his heirs, executors, of payment? 
 and adminiftrators DOTH hereby further grant, co- 
 venant, and agree to and with the faid John Fijker^ 
 his executors, adminiftrators, and afligns, That in cafe 
 the faid annuity or yearly rent-charge of 400/. or any 
 part thereof, ihall happen to be behind and unpaid by 
 the fpace of 14 days next over or after any of the faid 
 days of payment whereon the fame is herein before 
 appointed to be paid as aforefaid, then and in fuch 
 cafe, and as often as it fhall fo happen, it {hall and 
 may be lawful to and for the faid "John Fijker, his 
 executors, adminiftrators, and afligns, into and upon 
 the faid feveral mefluages or tenements, farms, lands, 
 hereditaments, and premifes hereby charged with the 
 payment of the faid annuity, yearly rent-charge, or 
 fum of 4OO/. or exprefled, or intended fo to be, and 
 every of them, or any part thereof, to enter and dif- 
 'train for the fame annuity, or yearly rent-charge of 
 4OO/. and all arrears thereof, and the diftrefs and dif- 
 trefles then and there found to lead, drive, carry away, 
 and impound, and the fame in pound to detain and 
 keep until the faid annuity or yearly rent-charge or 
 fum of 400/. and all arrears thereof, and all cofts, 
 charges, and experices whatfoever fuftained or occa- 
 fioned by or attending the making, taking, and keep- 
 ing fuch diftrefs and diftrefles then and there found, 
 fhall be fully paid and fatisfied ; AND in default of 
 payment thereof in due time after fuch diftrefs fhall 
 be made and taken, to appraife, fell, or otherwife to 
 a& therein according to due courfe of law, in the 
 fame manner in all refpe&s as landlords are by acl of 
 parliament authorifed to do in rqfpct to diftrefles for 
 
 nrrear.s
 
 3*2 APPENDIX OP PRECEDENTS. 
 
 arrears or" rent upon Icafes for years ; TO THE IN- 
 TENT, That theteby and therewith the faid John 
 Fi/her, his executors, adminiftrators, and affigns, ihall 
 and may be fully paid and fatisficd the faid annuity, or 
 yearly rent-charge of 40O/ and all arrears thereof, or 
 ib much thereof as (hall be then remaining due and 
 unpaid, and all coils, charges, and expences what- 
 foever fuftained or occaiioned by the non-payment 
 On further de- thereof. AND the laid John Daffy for himfelf, his 
 ment,F^^'"to ne ' r? 5 executors, and adminiftrators, DOTH further 
 enter and en- grant, covenant, and agree to and with the faid 'John 
 /njbtr, his executors, adminiftrators, and affigns, That 
 if the laid annuity or yearly rent-charge of 400/. or 1 
 any part thereof, fhall be behind and unpaid by the 
 fpace of 21 days next over or after any of the faid 
 days or times appointed for payment thereof as afore- 
 laid, then and in fuch cafe, and as often as it fhall happen, 
 (although no formal demand thereof fhall be made) it 
 fhall and may be lawful to and for the faid 'Jo'hn 
 fifoer^ his executors, adminiflrators, and affigns, into 
 and upon the laid feveral mcfiuages or tenements, 
 farms, lands, hereditaments, and premifes, hereby 
 charged therewith, or into or upon any of them, or 
 any part thereof, in the name of the whole to enter, 
 and the fame to have, hold, and enjoy, and the rents, 
 iffues, and profits thereof, and of every part thereof, 
 to receive and take to and for his and their own 
 ufe and benefit, until he or they fhall be thereby or 
 therewith, or otherwise fully paid and fatisfied all ar- 
 rears of the faid annuity, or yearly rent-charge of" 
 4OO/. and alfo fo much of the laid annuity or yearly 
 rent-charge of 4OO/. as {hall incur and grow due dur- 
 ing fuch time as the laid John Fijbcr^ his executor", 
 adminiftrators, or affigns fhail continue in pofieffion of 
 the faid feveral mefluages or tenements, farms, kinds, 
 hereditaments, and premifes, after fuch entry or en- 
 tries as aforeiaid, together with all fuch lofs, cofts, 
 charge?, damages, ana expences whatfoever as fhall 
 be fuftained or occanoned by reafon or means of the 
 nonpayment thereof, or of any part thereof, at or on 
 the days appointed for the payment of the faid annuity, 
 
 or
 
 APPENDIX OF PRECEDENTS. 383 
 
 r yearly rent-charge of 4CO/. as aforefaid, and fuch 
 poflefsion when taken to be without impeachment of 
 wafte. AND the faid John Daffy for himfelf, his Covenant for' 
 heirs, executors, or admin iftrators, doth covenant, nmtyduring an 
 promife, and agree to and with the faid "John Fijber three lives and 
 his executors, adminiftrators, and afsigns, ^T- 
 thefe prefents in manner following"; that is to fay, 
 That he the faid John Daffy, his heirs, executors, or 
 adminiftrators, fhall and will well and truly pay, or 
 caufe to be paid unto the faid "John Fijber^ his execu- 
 tors, adminiftrators, and affigns, for and during the 
 natural lives of them the faid A. B. C. D. and E. F. 
 and life of the furvivor and longeft liver of them, one 
 annuity, yearly rent-charge, or fum of 40O/. of law- 
 ful money of Great Britain, free and clear of and 
 from all taxes, charges, rates, and other deductions 
 whatfoever, parliamentary or otherwife, on four day? 
 or times in the year, that is to fay, the day of 
 
 the day of the day of 
 
 and the day of in every 
 
 year, by even and equal portions, the firft payment 
 thereof to begin and be made on the day of 
 now next enfuing, together with fuch pro- 
 portionable part of the laid annuity, or yearly rent- 
 charge of 4OO/. for the time, which at the deceafe of 
 the furvivor or longeft liver of them the faid A. B. 
 C. D. and . F. fhall have eiapfed of the quarterly 
 payment of the fame annuity growing due at the 
 time of fuch furvivor or longer liver's deceafe, as in 
 the condition to . the faid herein before in part recited 
 bonder obligation is mentioned. AND THIS I 
 DENTURE EURTHER WITNESSETH, That ffira term< ; < ^ 
 
 , -*oo vcrfiSy ro * 
 
 for the confiderations aforefaid, and for the further, fruit V.a for v;ui~- 
 better, and more eftec~tually fecuring the payment of *s /\ nd F a >'' lK Z 
 the faid annuity or yearly rent-charge of 400/. unto the 
 faid John Fijher^ his executors, adminiftrators, and 
 affigns, for and during the natural Jives of the faid 
 A. B. C. D. and E. F. and the life of the furvivor or 
 longeft liver of them j AND alfo for and in conlidera- 
 tion of the fum of lOi. of lawful money of Great 
 Britain by the faid Henry Sharpe to the faid John 
 
 Daffy,
 
 APPENDIX OF PRECEDENTS, 
 
 in hand well and truly paid at or before ther 
 leal ing and delivery of thefe prefents, the receipt 
 whereof is hereby acknowledged, he the faid John 
 Daffy (with the confent and approbation, and by the 
 direction and appointment of the faid "John F'tjber, 
 teftified by his being made a party to and fealing and 
 delivery of thefe prefents) HATH granted, bargained, 
 fold, and demifed, and by thefe prefents DOTH 
 grant, bargain, fell, and demife unto the faid Henry 
 Sharpe^ his executors, adminiftrators, and affigns, 
 General words. ALL, (State the parcels) together with all houfes, 
 outhoufes, edifices, buildings, barns, ftables, yards, 
 gardens, orchards, woods, underwoods, commons, feed- 
 ings, hereditaments, and appurtenances to the faid 
 feveral meffuages or tenements, farms, lands, heredi- 
 taments, and premifes belonging or in anywife apper- 
 taining ; AND the reverlion and reverfions, remain- 
 der and remainders, yearly and other rents, ifTues, and 
 profits thereof, and of every part thereof; AND all 
 the eftate, right, title, intereft, ufe, truft, poffeflion, 
 property, inheritance, benefit, claim and demand 
 whatfoever, both at law and in equity, of him the 
 faid "John Daffy, of in to or out of the faid feveral 
 meffuages or tenements, farms, lands, hereditaments, 
 and premifes hereby granted and demifed, or intended 
 fo to be, and every part or parcel thereof refpecStively, 
 H.ibendvmfor TO HAVE AND TO HOLD all and fmgular the 
 i^ns^waile ^^ ^ evera ^ meffuages or tenements, farms, lands, he- 
 v.pon truft 'to reditaments, and premifes hereby granted, bargained, 
 
 permit grantor f o jj an j dermfecl, and intended fo to be, with their 
 toenjoy all de- .' ,. . .' ' . . . T , 
 
 fault of pay- and every ot their appurtenances, unto the laid Henry 
 
 ment. Sharps^ his executors, adminiftrators, and affigns, 
 
 from heneforth for and during, and unto the full end 
 and term of 500 years, without impeachment of wafte ; 
 BUT NEVERTHELESS UPON THE SEVE- 
 RAL TRUSTS, and to and for the ends, intents, 
 and purpofes, and under and fubjecT: to the powers, 
 provifoes, declarations, and agreements hereinafter 
 declared and expreffed of and concerning the fame, 
 (that is to fay) UPON TRUST, to permit and fuf- 
 fer the faid .John Daffy, his heirs, and affigns, to re- 
 ceive
 
 A^ENDIX OF PRECEDENTS, 385 
 
 reive and take the yearly and other rents, ifllles, and 
 profits of the faid feveral mefluages or tenements, 
 farms, lands, hereditaments, and premifes, to his and 
 their own proper ufe and benefit, until default fhall 
 happen to be made of or in the payment of the faid 
 annuity or yearly rent-charge of 4-OO/. hereby granted, 
 or fume part thereof, at or on the days or times and 
 in manner herein before limited and appointed for the 
 payment thereof as aforefaid. AND UPON FUR- And in default 
 THER TRUST, That in cafe the faid annuity,^ j^S^J 
 yearly rent-charge, or fum 4OO/. or any part thereof, to !fe and pay 
 ihall happen to be behind and unpaid by the fpace of^ 1 ^ out o 
 31 days next over or after any of the faid days or times 
 of payment thereof, or whereon the fame is herein 
 before limited and appointed, and ought to be paid as 
 aforefaid, (being lawfully demanded) then and fo 
 often the laid Henry Sbarpe^ his executors^ adminif- 
 trators, and afligns fhall, from time to time, by and 
 out of the rents, iflues, and profits of all and fingular 
 the faid feveral mefluages or tenements, farms, landSj 
 hereditaments, and premifes hereby demifed, or ex- 
 prefled or intended fo to be, or by demifing, felling, 
 leafing, or mortgaging the fame, or any part thereof, 
 for and during ail or any part of the faid term of 500 
 years, or by fuch other ways or means as to him the 
 faid Henry Sharpe^ his executors, adminiftrators, or 
 affigns fhall feem meet, raife and levy fuch fum and 
 fums of money as will be fufficient to pay and fatisfy 
 the faid annuity, or clear yearly fum of 40O/. or fa 
 much thereof as fhall from time to time happen to be 
 in arrear and unpaid ; AND alfo all fuch fum and And all cofts, 
 fums of money, lofs, cofts, charges, damages, and &c> 
 expences (if any) as the faid 'John Fijher and Henry 
 Shnrpe relpeclively, their executors, adminiftrators, or 
 afigns, or any of them, fhall pay, fuftain, expend, or 
 be put unto for or by reafon or means of the non- 
 payment of the faid annuity or clear yearly rent- 
 charge of 400/. or any part thereof, at or on the 
 days or times and in the manner herein before ex- 
 pre'fled or appointed for payment of the fame, or the 
 performance of the trufts hereby declared or exprefled 
 c c of
 
 3 86 
 
 APPENDIX OF PRECEDENTS. 
 
 the gramor to 
 receive the re- 
 fiduebr the 
 rents, &.c. 
 
 "' 
 
 of and concerning the laid premifes mentioned to be 
 hereby demifed, or the taking pofleffion and collecting 
 and receiving the rents, iffues, and profits thereof, or 
 otherwifc howfoever relating thereto, and {hall and do 
 p^y and apply the monies fo to be railed or levied in or 
 towards the payment and fatisfaclion thereof accord- 
 And to permit ingly, And (hall and do pay to, or otherwife permit 
 and fu ff er the fa^ J ^ n Daffy, his heirs and affiens, 
 r 
 from time to time, to receive and take the relidue or 
 
 furplus of the rents, iffues, and profits of the faid 
 hereby demifed premifes, after full payment and fatis- 
 faclion of the laid annuity, or yearly rent-charge of 
 40O/. and all arrears thereof, and allfuch cofts, charges, 
 Damages, and expences as aforefaid, to and for his and 
 
 Covenant that their own ufe and benefit. AND the laid John Daffy 
 for himfelf > his heirs > executors, and adminiftrators, 
 doth covenant, promife, and agree to and with the faid 
 Henry Sharpe^ his executois, adminiftrators, and af- 
 iigns, and every of them, by thefe prefents, in man- 
 ner and form following, (that is to fay) That for and 
 nouvithftanding any act, matter, or thing, by him 
 the faid John Daffy done or committed to the con- 
 trary, he the faid John Daffy, on the day of the date 
 hereof, and at the time of the fealing and delivery of 
 thefe prefents, is and ftandeth lawfully feifed in his 
 demelne of an abfolute and indefeafible eftate of inhe- 
 ritance in fee-fimple, to the ufe of himfelf and his 
 heirs, of and in the faid feveral meffuages or tenements, 
 farms, lands, hereditaments, and premifes herein be^, 
 fore mentioned, and intended to be hereby granted, 
 bargained, fold, and demifed, or intended fo to be, and 
 every part and parcel thereof, without any manner of 
 condition, ufe, truft, power, or limitation to alter, 
 
 And hath full change, make void, or determine the fame. AND 
 $ at he the & id John Daffy now hath in himfelf good 
 right, full power, and lawful and abfolute authority 
 by thefe prefents to charge all and fmgular the faid feve- 
 ral meffuages or tenements, farms, lands, hereditaments, 
 and premifes, and every part and parcel thereof herein 
 before mentioned to be hereby demifed, with the pay- 
 ment of the faid annuity, or yearly rent-charge of 
 
 with the an-
 
 APPENDIX OF PRECEDENTS. 387 
 
 4oo/. to the faid John Pi/her^ his executors, adminif- 
 trators, and affigns, during the natural lives of them 
 the faid A. B. C. D. and E. F. and the life of the 
 furvivor or longeft liver of them, in manner afore- 
 faid. AND ALSO to demife the feveral mefiuages And to demife 
 or tenements, farms, lands, hereditaments, and Pf 
 mifes, snd every of them, and every part and parcel faid. 
 thereof, with the appurtenances, unto the faid Henry 
 Sbarpe, his executors, adminiftrators, and afligns, for 
 the faid term of 500 years, UPON THE TRUSTS 
 and for the intents and purpofes herein before de- 
 clared and exprefTed of and concerning the fame, ac- 
 cording to the true intent and meaning of thefe pre- 
 fents; AND that from and after default {hall happen A , nd in default 
 
 , j c . c , r ., of payment of 
 
 to be made or or in payment or the laid annuity, or annuity, tor 
 yearly fum of AOO/. hereby granted, or any part Cruftee P e? - ce - 
 
 '> , ; - & j '. '* r ably to enter 
 
 thereof, contrary to the true intent and meaning of anc { r eceive t h* 
 thefe prefents, the faid Henry Sharpe, his executors, rents u P on the 
 adminiftrators, or afsigns, fhall and lawfully may truits 
 peaceably and quietly enter into and upon, and have, 
 hold, ufe, occupy, poflefs and enjoy all and fingular 
 the faid feveral mefluages or tenements, farms, lands, 
 hereditaments, and premifes, and collect, receive, and 
 take the rents, iflues, and profits thereof, UPON THE 
 TRUSTS, and to and for the intents and purpofes 
 herein before declared and exprefled of and concerning 
 the fame, and that without any lawful let, fuit, 
 trouble, denial, eviction, interruption, difturbance, 
 claim or demand whatfoever of or by him the faid 
 John Daffy , or his heirs, or by any other perfon or 
 perfons whomfoever, and free and clear, and freely 
 and clearly acquitted, exonerated and difcharged, or 
 otherwife by him the laid John Daffy, his heirs, exe- 
 cutors, or adminiftrators, well and lufficiently faved, 
 defended, kept harmlefs, and indemnified of, from 
 and againft all and all manner of former and other 
 gifts, grants, bargains, fales, leafes, mortgages, join- 
 tures, dowers, titles of dower, ufes, trufts, wills, in- 
 tails, rents and arrears of rent, ftatutes, recogni- 
 zances, judgments, extents, executions, eftates, titles, 
 barges and in cumbrances whatfoever, had, made, 
 c c 2 done.
 
 3 88 APPENDIX OF PRECEDENTS. 
 
 done, committed, or wittingly or willingly differed 1 
 by him the faid John Daffy, his heirs or afligns, or 
 Andforfur- anv other perfon or perfons whomfoever. AND 
 ''MOREOVER, That he the faid John Daffy and his 
 heirs, and all and every other perfon and perfons 
 whomfoever having, or lawfully or equitably claim- 
 ins;, or who {hall or may hereafter have or lawfully or 
 equitably claim any eftate, right, title, truft or inte- 
 reft in to or out of the faid feveral meffuages or tene- 
 ments, farms, lands, hereditaments, and premifes 
 herein before mentioned, and intended to be hereby 
 demifed, with the appurtenances, or any part thereof, 
 {hall and will, from time to time, and at all^lmes 
 hereafter, upon every reafonable requeft of the faid 
 Henry Sharpe, his heirs, executors, or adminiftrators, 
 but at the proper cofts and charges in the law of him 
 the faid John Daffy, his heirs or afsigns, make, do, 
 acknowledge, levy, fuffer, and execute, or caule or 
 procure to be made, done, acknowledged, levied, fuf- 
 fered and executed, all and every fuch further and 
 other lawful and reafonable afts and deeds, convey- 
 ances and affurances in the law whatfoever, not only 
 for the further, better, more perfect, and abfolutely 
 giving, granting, and confirming of the faid annuity, 
 or yearly rent-charge, or fum of 40O/. hereby granted 
 unto the faid John Fijher, his executors, adminiitra-- 
 tors and afsigns, in manner aforefaid, but alfo for the 
 further, better, and more effectually granting, de- 
 mifmg and affuring of the faid feveral meffuages or 
 tenements, farms, lands, hereditaments and premifes, 
 with their and every of their appurtenances, unto the 
 faid Henry Sharpe, his executors, adminiftrators, and 
 ailigns, for the remainder of the faid term of 500 years, 
 UPON THE TRUSTS aforefaid, be the fame by 
 fine or fines, common recovery or common recove- 
 ries, or other matter of record, or otherwife how- 
 foever, as by the faid Henry Sharps, his executors, 
 adminiftrators, or afligns, cr any or either of them, 
 or their, any or either of their counfel learned in the" 
 Jaw fliall be reafonably devifed or advifed and re- 
 quired.
 
 APPENDIX OF PRECEDENTS. $89 
 
 ci ui red . ( Add defeasance on judgment. ) AN D Covenant far 
 VITTTTTJ r- * P J \ r i \ r r i redemption on. 
 
 WHJbKEAb upon the treaty tor the purchaie or toe payment of 
 
 laid annuity, or yearly fum of 40O/. herein before f a year's 
 
 mentioned, IT WAS MUTUALLY AGREED/" 
 
 (Continue the covenant for redemption on payment of 
 
 half a year's annuity) ; AND on receipt of the faid 
 
 fum of 7,2OO/. and all arrears of the (aid annuity, or 
 
 clear yearly fum of 400/. fecured as aforefaid, and 
 
 fuch proportionable part thereof as aforefaid, mail and 
 
 will, at the proper cofts and charges in the law of 
 
 him the faid John Daffy, his executors, adminiftra- 
 
 tors, or affigns, deliver up the faid bond to the faid 
 
 jfobmtDaffyi his heirs, executors, adminiilrators, or 
 
 affigns, to be cancelled and acknowledge, or caufe 
 
 fatisfadtion to be acknowledged on the record of the 
 
 {aid judgment that {hall be entered up by virtue of 
 
 the faid warrant of attorney, and then and in fuch 
 
 cafe the faid annuity, yearly rent-charge, or fum of 
 
 40O/. and the powers and authorities herein contained 
 
 for recovering the fame, and enforcing the payment 
 
 thereof, fhall ceafe, determine, and be void. PRO- Provifo for 
 
 VIDEO ALWAYS NEVERTHELESS, And it is^f^ 
 
 hereby declared and agreed by and between all the death of annui- 
 
 parties to thefe prefents. That from and after the de- tants > S re ' 
 
 - r r i / i i r i i purchaung an- 
 
 ceale or the lurvivor or longer liver or them tne n uity. 
 
 faid A. B. C. D. and E. F. and payment of all ar- 
 rears of the fa ; .d annuity, clear yearly rent-charge, or 
 fum of 40O/. and fuch proportionable part thereof as 
 aforefaid, and all cods, charges, and expences attend- 
 ing the execution of the aforefaid trufts, or upon the 
 faid John Daffy, his heirs, executors, adminiftrators, 
 or affigns repurchafmg the faid annuity, as herein be- 
 fore is exprcfled, then and from thenceforth the faid 
 term of 500 years of and in the faid premifes, or fo 
 much thereof as fhall not have been difpofed of for 
 the purpofes aforefaid, {hall ceafe, determine and 
 be utterly void to ail intents and purpofes, any thing 
 herein before contained to the contrary thereof in 
 anywife notwithstanding. In witnefs, &c. 
 
 c c 3 NQ.
 
 390 APPENDIX OF PRECEDENTS. 
 
 No. XXXII. 
 
 GRANT of an ANNUITY for the Lives of the 
 Grantee and two Others, charged on Efttatea 
 of lefs yearly Value than the Annuity 
 (Part whereof the Grantor is feifcdto himfelf 
 in Fee, and the other Parts are limited to a 
 Trujlec to fuch Ufes as he /hall appoint, with 
 Remainder over to bar Dower and Convey- 
 ance in Fee by Leqfe and Releqfc by the 
 Grantor alone of the EJtatcs of which he is 
 feifed to himfelf in Fee, and Conveyance in 
 Fee by Leafe and Releqfe from the Truftee 
 (by the Direction of the Grantor) and alfa 
 the Conjirmation of the Grantor of the 
 Premifes held to Ufes to a Trujlee, in Truft 
 to fdl in Default of Payment of Annuity, 
 containing fpecial Claufes as to Sale and 
 Application of the Money, and Declaration- 
 as to out/ianding Terms, and Claufe for 
 Redemption *. 
 
 Parties. 
 
 THIS INDENTURE of five parts, made the 
 day 40111 Geo. III. 1799, between 
 
 * This eftate being of lefs yearly value than the annuity, requires 
 to have a memorial inrplled, the fame not coming within the excep- 
 tion of the eighth fe&ion of the annuity art. It is alfo here obferv- 
 able, that although the trufts of the deed are to fell any part of the 
 eftate conveyed ro pay the annuity, yet it is m>t likely fuch an svent 
 fliould happen ; for if the grantor found himfelf unable to keep down 
 the annuity, he would confent to fell a part of the property, which, 
 if the eftate was only 8c/. a-ycar, a moiety thereof, if fold for 25 
 years purchafe, would be futiicient to ve Jeem the annuity. 
 
 Thomas
 
 APPENDIX OF PRECEDENTS. 39 t 
 
 Thomas Long, of, &c. Efq. of the firft partj Thomas 
 Williams, of, &c. Gent, of the iecond part ; John 
 'Jenkins, of Grays-inn in the county of Middiefex^ 
 Gent, of the third part ; Ed-ward Bolt, of, &c. Efq. 
 of the fourth part; and Robert White, of, &c. Gent. 
 of the fifth part. WHEREAS the faid 1 ^homas Low Recital that 
 is feifed of or well intitled to the inheritance in fee- grantor is feifed 
 fimple in poflefsion of and in the mefiuage or tenement in , tee of . P art 
 called Maintops, and the five feveral clofes, pieces or afte^releafed. 
 parcels of arable, meadow, and pafture land with the 
 out-houfes and appurtenances, containing by eftimation 
 twenty acres, more or lefs, lying in Hainjby in the 
 county of EJJex, and hereinafter particularly mention- 
 ed, and intended to be hereby granted and releafed. 
 AND WHEREAS the mefiuage or tenement and And that othet 
 farm called or known by the name of Dudley's Farm, P art the 
 
 . , , J . i i i i f premiies ;tand 
 
 with the appurtenances thereunto belonging, and alfo limited to ufcs 
 the garden, orchard, and fold enjoyed therewith, con- to bar llower - 
 taining two roods and thirty-four poles, and alfo all 
 thofe four pieces or parcel's of meadow land commonly 
 called or known by the name of Dudley's Fields, con- 
 taining the feveral quantities hereinafter mentioned, 
 do under and by virtue of certain indentures of leafe 
 and releafe, bearing date refpeclively the 30th and 31 ft 
 days of September 1797, the releafe being made or 
 
 exprefled to be made between W. B. of 
 
 Efq. of the firft part, the faid Thomas Long of the 
 iecond part, the faid Thomas fPltftatns of the third 
 
 part, y. W. of of the fourth part, and /. S. 
 
 of of the fifth part, ftanJ limited and 
 
 aflured to the ufe of fuch peribn and perfons, and for 
 fuch eftate and eftates, and to for and upon fuch trufts, 
 intents, and purpofes, and under and fubjedl to fuch 
 powers, provifoes, limitations, declarations, and agree- 
 ments, and in fuch manner and form as the ;aid 
 Thomas Long by any deed or deeds, writing or wri- 
 tings, with or without power of revocation, to b<? 
 feaied and delivered by him in the prefence of two or 
 more credible witnefies, or by his laft will and tefta- 
 ment, or any writing in the nature of a laft wih and 
 c c 4 teftament,
 
 APPENDIX OF PRECEDENTS.^ 
 
 ieftamcnt, to be figned and published in the prefence 
 of three or more credible witnefles, fhould from time to 
 time direct, -limit or appoint, and in default of fuch 
 direction, limitation, or appointment, and fubjedt to 
 any fuch direction, limitation and appointment, which 
 fhould not be a complete and entire difpofition of the 
 whole of the faid hereditaments, or of the whole 
 eftate therein, to the ufe of the faid Thomas Long 
 and his afligns during his natural life, remainder to the 
 ufe of the faid Thomas William* and his heirs during 
 the natural life of the faid Thomas Long^ but never r 
 thelefs IN TRUST for the faid Thomas Long and his 
 afligns, remainder to the ufe of the faid Thomas Lzng, 
 And that othe; his heirs and afsigns forever. AND WHEREAS 
 
 part of the a jj ^^ vvood or grove lying and being in the faid 
 limited in fame parifli of Nafeng aforefaid, commonly called Ilaerlem 
 
 manner as laft W^od, containing by eftimation fifty acres (more or 
 mentioned ir j i n L ,- r r n i 
 
 premifes. leisj, and alio all thofe nxteen acres or woodland 
 
 called Woodlands lying in Stainfiy aforefaid, and 
 which faid laft-mentioned lands and wood were ror- 
 merly copyhold of inheritance, and held of the manor 
 of Theinderjley, as the fame premifes were late in the 
 pofTefsion of George Wood^ and then of the laid Tho- 
 mas Longy under or by virtue of certain indentures of 
 leafe and releafe bearing date refpeclively the 5th and 
 6th days of January now laft part, and the releafe 
 being made betwrei; y. H. of - - yeoman, and 
 Elizabeth his wife of the iirft part, the faid Thomas 
 Long of the fecond part, and the faid "John Jenkins of 
 the third part, ftand limited and afTured to the ufe of 
 fuch perfori and perfons, and for fuch eftate and eftates, 
 and to and for fuch trufts, intents, and purpofes, and 
 under and fubjecfc to fuch powers, provifoes, limita- 
 tions, declarations and agreements, and in fuch man- 
 ner and form as the laid Thomas Long by any deed or 
 writing (as in laft recital), remainder to the ufe of the 
 faid John Jenkins and his heirs during the natural life 
 of the faid Thomas Long, but neverthelefs IN TRUST 
 for the faid Thomas Long and his afsigns, remainder to 
 the ufe of the faid Thomas Long, his heirs and ?.fsigr,s 
 
 for
 
 APPENDIX OF PRECEDENTS. 393 
 
 for ever. (Recite the contrail for the annuity and ex- Recital of con- 
 
 pences.) AND WHEREAS upon the treaty for the tr , art forpur. 
 
 L r c i f i i > f i chafe of an- 
 
 purcnale or the laid annuity or yearly turn of ioo/. itnuity, and that 
 
 was agreed by and between the faid *f homos. Long and the! " nme 
 Edward Belt, That for the more effectually 
 
 the due and punctual payment of the faid annuity or after mention- 
 yearly fum of ioo/. unto the faid Edward Bolt, his vev'eS a n " 
 executors, adminiftrators, and affigns, for and during trustee upon 
 the natural lives of the faid A. B. C. D. and E. ^Suri^S" 
 and the life of the furvivor of them, he the faiclfrme. 
 Thomas Long fhould charge and make chargeable all 
 and fmgular the feveral meiluagesor tenements, farms, 
 lands, hereditaments, and premifes hereinafter mention- 
 ed, and intended to be hereby granted and releafed ; 
 And that the faid feveral mefluages or tenements, &c. 
 fo to be charged therewith as aforefaid ihould be con- 
 veyed and allured unto and to the ufe of the faid Robert 
 White, his heirs and afsigns, in manner and upon 
 the tiufts, and to and for the intents and purpofes 
 hereinafter mentioned, exprefTed, and declared of and 
 concerning the fame; And that the faid annuity 
 ^Jiould be further fecured by the bond of the faid 
 Thomas Long, and a warrant of attorney for confef- 
 fing a judgment thereon. (Recite the bond and war- 
 rant of attorney.} NOW THIS INDENTURE confideraiian. 
 WITNESSETH, That for and in confederation of 
 the fum of goo/, of lawful money of Grsat Britain 
 to the faid Thomas Long, in his own proper perfon, in 
 hand well and truly paid by the faid Edward Bolt in 
 his own proper perfon at or before the fealirig and 
 delivery of thefe prefents, out of which faid fum of 
 90O/. the faid Thomas Long immediately after receiv- 
 ing the fame paid to R. W. of - (Jlate the 
 payment of expenccs), the receipt of which faid fum 
 of goo/, he the faid Thomas Long doth hereby ac- 
 knowledge, and thereof and of and from the fume, 
 and every part thereof, doth acquit, releafe, and for 
 ever difcharge the faid Edward Bolt, his executors, 
 adminiftrators, and affigns, by thefe prefents. He Appointment 
 the faid Thomas Long, in purfuance of the power and h' s^ntor of 
 authority to him refer ved or limited in and by the faid " 
 
 two
 
 594 APPENDIX OF PRECEDENTS. 
 
 frwo feveral hereinbefore mentioned indentures of the 
 31 ft day of September 1797, and the 6th day of 
 January now laft pnft, and by force and virtue there- 
 of, and of all and every or any other power or 
 powers, authority or authorities to him the faid 
 Thomas Long belonging, in him vefted, or enabling 
 him in that behalf, and in exercife thereof, by this 
 prefent deed or writing by him the faid Thomas Long 
 iealed and delivered, and duly executed in the prefence 
 of and atteiled by two credible perfons, whofe names 
 are intended to be hereupon indorfed as witnefles to the 
 execution of thefe prefects by the faid Thomas Long, 
 HATH directed, limited, and appointed, and by this 
 prefent deed or inftrument in \vriting by him figned, 
 fealed, and delivered in the prefence of the two credible 
 perfons whofe names are intended to be hereupon in- 
 dorfed as witnefles, attefting the execution thereof by 
 him the faid Thomas Long, DOTH direct, limit, and 
 appoint all and hngular the faid feveral meffuages or 
 tenements, farms, lands, hereditaments, and premifes 
 comprifed in the faid two hereinbefore mentioned 
 indentures of releafe of the 31 ft day of September 
 1797 and the 6th of Jdnaifftiovr laft paft, with their 
 and every of their rights, members, and appurtenances, 
 Tothe'afesand fl^jj rema j n continue and be to the ufes, upon 
 upon the trans _ ' . e . . * 
 
 after mention- the truits, and to and for themtents and purpoies 
 
 ecl - hereinafter mentioned, exprefTed and declared of 
 
 Releafe of all and concerning the fame. AND THIS INDEN- 
 ic premifes by TURE FURTHER WITNESSETH, That in 
 purfuance of the faid before mentioned agreement, 
 and for the further and better fecuring the due and 
 punctual payment of the faid annuity or yearly rent- 
 charge of loo/, and for the confideration aforefaid, 
 and for and in confideration of the fum of los. of 
 lawful money of Great Britain by the faid Robert 
 White to the faid Thomas Long, Thomas Williams, and 
 John Jenkins in hand, well and truly paid at or before 
 the fealing and delivery of thefe prefents, the receipt 
 whereof is hereby acknowledged, they the faid 
 Tbotnas Williams and John Jenkins, at the rcqueft and 
 by the direction of the faid Thomas Long, and at the 
 
 nomination
 
 APPENDIX OF PRECEDENTS. 395 
 
 nomination and appointment of the faid Edward Boh 
 (teftified by their feverally executing thefe prefents) 
 HAVE, and each of them HATH bargained, ibid, 
 ahcued, and releafe:], and hy thefe prefents DO, and 
 each of them DOTH bargain, fell, alien, and releafe, 
 and the faid Thomas Long, as well for the conveying 
 and afiuring the premifes hereby granted, releafed, 
 and conveyed, directed, limited, and appointed, as alfo 
 for ratifying and confirming the grant and releafe 
 hereby made or intended fo to be by the faid Thomas 
 Williams and John Jenkins, at the nomination and 
 appointment of the faid Edward Bolt teftified as afore- 
 ,faid, HATH granted, bargained, fold, aliened, re- 
 Jeaied, ratified, and confirmed, and by thefe prefents 
 DOTH grant, bargain, fell, alien, releafe, ratify, and 
 confirm unto the faid Robert White (in his adtual pof- 
 feffion now being by virtue of a bargain and fale to 
 him thereof made by the laid Thomas Long, Thomas 
 Williams, and John J^nkin3 for 5*. confideration, by 
 the faid indenture bearing date the day next before the 
 day of the date of thefe prefents, for the term of a 
 year commencing from the day next before the 
 day of the date of the fame indenture of bargain 
 and fale, and by force of the flatute made for trans- 
 ferring ufes into polTeifion) and to his heirs and 
 afligns, ALL that (Jlate alt the premifes) together 
 with all houfes, &c. and all the eftate, right, 
 title, intereft, ufe, truft, polls/lion, property, inheri- 
 tance, benefit, claim, and demand wrncfoever, both 
 at law and in equity, of them the faid Thomas Lovr 
 Thomas Williams, and John Jenkins, and every ora:,y 
 of them, of in to or out of the laid mei.uages or 
 tenements, farms, lands, hereditament*, and premifes 
 hereby granted and releafed, or intenoe.l fo to be, and 
 every or any part thereof respectively, and alib ail 
 deeds, evidences, and writings touching a:;:i concern- 
 ing the faiJ hereditaments and premiles, and eve.y 
 or any part thereof, now in the cuil'ody or power of 
 the faid Thomas Lon?, Thomas William*, a id John 
 Jenkins, or either or any of them, or which tiiey, 
 either or any of them, can or may come by iihoi ; 
 
 lu c
 
 APPENDIX OF PRECEDENTS. 
 
 Habendum to 
 
 the truits after 
 mentioned. 
 
 Tothe intent 
 
 f the rents of 
 the premifes 
 
 the annuity 
 
 ciearof taxes, 
 
 fait at law or in equity, TO HAVE AND TO HOLD 
 
 the faid mefluages, &c. and all and Angular other the 
 premifes hereby granted and releafed, or mentioned 
 or intended fo to be, and every part and parcel there- 
 of, with their and every of their appurtenances, unto 
 the faid Robert ffhite, his heirs and afligns, to the 
 ufes, upon the trufts, and to and for the intents and 
 purpofes, and with under and fubjedr. to the powers, 
 provifoes, and declarations hereinafter mentioned, ex- 
 preiTed, and declared of and concerning the fame, 
 (that is to fay) TO THE USE, intent, and p\ir~ 
 f?^ tnat the iaid Edward Bolt, his executors, ad- 
 miniilrators^ and afligns, (hall and may henceforth for 
 d fa v ' m ~ t h e natural lives of them the faid A. B. 
 
 => 
 
 C. D. and L. f. and the lives and lire or the lur- 
 vivors and furvivor of them, and up to the day of the 
 deceafe of fuch furvivor, have, receive, and take by 
 and out of the rents, iflues, and profits of the faid 
 melTuages, &c. herein before mentioned, and intended 
 to be hereby granted and releafed, one annuity or yearly 
 rent-charge or furn of loo/, of lawful money of Great 
 Britain^ free and clear of and from all taxes, charges, 
 and deductions whatfoever, as well parliamentary or 
 otherwife, for or in refpecl of any matter, caufe, or 
 thing whatfoever now taxed, charged, aiTelTed or im- 
 pofed, or hereafter to be taxed, charged, aflefled or 
 impofed upon the faid hereditaments hereby releafed, 
 or any part thereof, or upon the faid Ediuard Bolt^ 
 his executors, adminiftrators, or afligns, for or on ac- 
 count of fuch annuity, yearly rent-charge, or fum of 
 JOO/. The faid annuity, yearly rent-charge, or fum of 
 ioc/. to be paid and payable quarterly to him the faid 
 Edzvard Bolt^ his executors, administrators, or afsigns, 
 at or in the common dining-hall of Lincoln's-inn m 
 the county of Mtddlefex^ by four equal quarterly pay- 
 ments in the year (that is to fay) the - day of 
 
 day of - and the day of -- in 
 
 every year, by even and equal portions, the firir, pay- 
 ment thereof to begin and be made on the r - clay 
 of - - next enluing the day of the date of thclc 
 
 prefects,
 
 APPENDIX OF PRECEDENTS. 397 
 
 prefents, together with a proportionable part of the fame 
 annuity or yearly fum of IOO/. for the time which {hall 
 elapfe between the laftof thj faid days of payment pre- 
 ceding the day of the deceafe of the furvivor of them 
 the faid A. B. C. D. and E. F. and the day of fuch 
 furvivor's deceafe, as in the condition to the faid here- 
 in before in part recited bond or obligation is mention- 
 ed. AND to this further ufe, intent and purpofe, Power of 
 that if it (hall happen that any quarterly payment of diftrels - 
 the faid annuity or yearly rent-charge of ioo/. or any 
 part thereof, {hall be behind and unpaid by the fpace of 
 fourteen days, (power of dijfrefs^ as in Precedent No. 
 
 AND to this further ufe, intent and pur- Of further de- 
 
 pofe, that if the faid annuity or yearly rent-charge of^V^ pa j~ 
 
 * merit power to 
 
 / i / 1111 11* i t t j 
 
 ioo/. or any part thereof, fhall be behind and unpaid enter and 
 by the fpace of twenty-eight days, (power to enter and en *y- 
 enjoy , as in Precedent No. XXIV.} AND as to for And as to faid 
 and concerning the faid mefTuages or tenements, farms, piemifes, fub- 
 lands, hereditaments, and premifes herein before men-^"'^,^ 11 " 
 tioned, and intended to be hereby releafed, fubjecT: to milt's after 
 the faid annuity or yearly rent-charge of ioo/. an( j mentloned > vlZt 
 the powers and remedies hereby given and limited for 
 fecuring and enforcing the payment thereof, to the ufe 
 of the faid Robert white, his heirs andailigns forever, 
 UPON THE TRUSTS, and to and for the intents 
 and purpofes, and with under and fubject to the 
 powers, provifoes, declarations, and agreements here- 
 inafter mentioned, exprefled, and declared of and 
 concerning the fame, that is to fay, UPON TRUST Upon traft to 
 to permit and fuffer the faid Thomas Long* his heirs permit ^gnmtor 
 
 ' ~. . j i i_ -rr i to receive rent* 
 
 and afligns, to receive and take the rents, mues, and pro- unt ii default of. 
 
 fits thereof, to and for his and their own ufe and benefit, payment of an-" 
 
 until fome default {hall happen to be made of and in lu 
 
 payment of the faid annuity or yearly rent-charge of 
 
 ioo/. fo granted to the faid Edward Bolt as aforefaid, 
 
 or fome part thereof, at or on the days or times 
 
 and in manner limited and appointed for the pay- 
 
 ment thereof. AND ALSO UPON FURTHER Ami in default 
 
 TRUST, That in cafe the faid annuity or yearly rent- "nnyvnxw 
 charge of ioo/. or any part thereof, {hall happen to days, to fell the 
 
 be behind or unpaid by the fpace of 60 days next over premifes orjpart 
 c . > ., , r c thereof fubjeck 
 
 or after any of the faid days or times of payment to annuity. 
 
 thereof,
 
 APPENDIX OF PRECEDENTS. 
 
 thereof, or whereon the fame is herein before limited 
 and appointed, and ought to he paid as afoi efaidj 
 then and in fuch cafe, and whenever the fame (hall 
 happen, it fliall and may be lawful to and for the faid 
 Robert IVhitc, his heirs or afiigns, and he and they 
 are hereby fully authorifed and empowered to fell and 
 abfolutely to difpole of the (aid aiefluages, &c. herein 
 before mentioned, and intended to be hereby granted 
 and releafed, either together or in parcels, and by 
 public fale or private contract, to any perfon or per-* 
 fons whomfoever, for the mofr. money or beft price or 
 prices that can be reafonably had or gotten for the fame 
 (fubject to the faid annuity) and to execute all fuch 
 deeds, conveyances, and aflurances of the faid here- 
 ditaments ami premifes to the purchafer or purchafers 
 thereof as fhall be requifute or r.ecefiary for the corn- 
 Ami to be pof- pletion of fuch fale or fales, and to fland and be pof. 
 ferte.1 of the fcfFed of and intcrefted in all and every the fum and 
 fc>"fuch a flle! S f ums or " money to arife and be produced from the fale 
 or fales herein before directed to be made, and of the 
 rents, iifues, and profits of the faid hereditaments and 
 prerr.ifes, to arifj and become payable after the fame 
 hereditaments and 'premifes fnali become faleable until 
 Upt.n truft in the fale or fales thereof (hall be completed, UPON 
 tJjefirft place TRUST thereout in the firft place to retain and re- 
 (unices, imburfe himfeif and themfelves for all fuch cofts, 
 charges, and expenses as he or they {hall or may fuf- 
 tain, expend, or be put unto in or about the making 
 and completing of fuch fale or fales, or otherwife in 
 the execution of the trufts hereby in him and them 
 And as to the re pofed. AND after payment thereof, as to the fur- 
 furplus. plus of the money arifmg from the fale of the faid 
 
 hereditaments anJ premifes herein before releafed, 
 after payment of the cofts, charges, and expences, 
 Upon truft to UPON TRUST hy and out of the fame to pay to 
 pay arrears of the faid Edward Bolt, his executors, adminiftrators, 
 etimeofTai, *fld affigns, fo much of the faid annuity or yearly 
 rent-charge of I CO/, as at the time of completing 
 fuch -fale or fales fhall happen to be in arrear and un- 
 paid, and alfo all fuch fum and fums of mor>ey, lofs, 
 cofts, charges, damages, and expences (if any) as the 
 faid Edward \w, his executors, adjniniftralors, or 
 
 afligns,
 
 APPENDIX OF PRECEDENTS; 399 
 
 affigns, or any of them, ihall pay, fuftain, expend^ 
 or be put unto for or by reafon or means of the non- 
 payment of the faid annuity or yearly fum of ioo/. 
 or any part thereof at or on the days and times, and in 
 the manner herein before mentioned or appointed for 
 payment thereof, or otherwife howfoever relating 
 thereto. AND UPON FURTHER TRUST to Andtoinveft 
 place out and invert the refidue of the money to arife the re/ " Kiue 
 
 r L /- i ri i r i r i u p n govern- 
 
 oy lucn iaie or tales, and or the rents, prohts, and mem fecurity 
 produce of the faid feveral mefluages or tenements, a ' intereft in 
 
 o -i r L r i r i /i 11 i i i ' the name of th* 
 
 ccc. until luch lale or fales Ihall be completed, upon truitee, and to 
 government fecurity at intereft in the name or names ftancl poiietfed 
 of him the fad Rcbtrt White, his executors, ad-" 
 miniftrators, or affigns. AND it is hereby declared 
 and agreed by and between the faid parties to thefe 
 prefents, That the faid Robert White, his executors, 
 admiriftrators, and affigns (hall ftand feifed and pof- 
 fefled of and interefted in the monies fo-to be placed 
 out and invefted, UPON TRUST by and out of the Upon tmft out 
 
 dividends and yearly proceeds thereof, and if fiich?/. in - ter * ft ?* 
 i n i- i.j \ n 11 i /-/*' loterefl not 
 
 yearJy mterelt, dividends, and proceeds thall be iniur-f u m c i e nt, to. 
 
 ficient, then in addition thereto by calling in and di(- dir r le ot . P 31 * 
 
 re r' i- n- -ct-Oi the prm- 
 
 poling . from time to time of a lufncient part or the c jp a i, and to 
 principal money fo to be invefted, or the ftocks, funds, 1> : " gramef 
 or fecurities for the fame, to pay unto the faid Edward*' ' 
 Bolt, his executors, adminiftrators, or affigns, the 
 faid annuity or yearly fum of ioo/. hereby granted and 
 fecured to be paid to him and them as and when the 
 fame {hall grow due and become payable, or fo much 
 thereof as (hall from time to time he in arrear and un- 
 paid. AND UPON TRUST alfo by and out of the A nd retain t 
 money fo to be placed out or invefted, and the divi- himfelfa11 
 dends, intereft, and yearly proceeds. thereof, to retain coi '' c * 
 to him the faid Robert White, his executors, adminif- 
 trators, and affigns, all fuch cofts, charges, and expences 
 as he or they may fuftain or be put unto in the execu- 
 tion of the trufts hereby repofed in him and them 
 refpe&ing the money herein before directed to be in- 
 vefted or placed out at intereft, AND SUBJECT 
 TO THE TRUSTS hereinbefore declared concern- thei * 
 ing the money fo to be invefted or placed out at intereft 
 
 as.
 
 APPENDIX OF PRECEDENTS. 
 
 as herein before mentioned, the fame and the intercft 
 thereof, or fo much thereof and of the intereft there- 
 of as (hall not be applied in anfwering fuch feveral 
 trulls as are herein before thereof declared, {hall be 
 Intmftfor JN TRUST for the faid Thomas Long, his executors, 
 ptoi^' &1* "" adminiftrators, and afTigns, to and for his and their 
 own abfolute ufe and benefit. PROVIDED AL- 
 l-The WAYS, and it is hereby agreed and declared by and 
 of an- between the faid parties to thefe prefents, That after 
 rii the deceafe of the furvivor of them the faid A. B. 
 , : of an- C. D. and E. F. and full payment of the faid an- 
 iHHty, the pre- r . u j t y or yearly rent-charge of ioo/. and fuch pro- 
 nines, Off" i . .' c J ,- 11 ft 
 
 much thereof portionable part thereof, and payment or all colts, 
 aiihould not charges, damages, and expences as aforefaid, the faid 
 
 be dilpofed of, r b , /,- ' i_ u r j 
 
 ihoukt be in feveral menuages, &c. herein before mentioned, and 
 
 tn.it h-.r grant- intended to be hereby granted and releafed, or fo much 
 or. lut heirs and , c .... \ ?i n i IT r i c j 
 
 :it!a;ns, an-1 he thereof (ir any) as mall not be diipoied or under 
 
 coi;ve\edMs he or j n purfuancc of the trufls herein before declared or 
 mould .-.ppouu. exprefl - ed> fljjjn be IN TRUST for the faid Tkomas 
 
 Lone, his heirs and afsigns for ever, and be conveyed 
 rv.'.'.rntirm as he or they fhall direct or appoint. PROVIDED 
 tK'tthefclesto ALSO, and it is hereby further agreed and declared 
 be made mall , , , \ r -\ ^\ n j 
 
 be valid, with- *y and between the laid parties, 1 hat all and every 
 
 nit grantor's the contracts, agreements, fales, difpofitions, convey- 
 in ' ances, aflurances, acts, deeds, matters and things 
 which fhall be entered into, made, done, or executed 
 by the faid Robert Winie, his heirs or aiiigns, of or 
 Concerning the faid feveral mefluages hereby releafed, 
 or any part or parts thereof, {hall to all intents, con- 
 ftru6tions, and purpofes whatfoever be as valid and 
 effectual in the law, though the faid Thomas Long, his 
 heirs or afsigns, (hall not execute the fame, or join there- 
 in or allent thereto, as fuch contracts, covenants, 
 agreements, conveyances, aflurances, difpofitions, acts, 
 deeds, matters and things would be if the laid 
 Thsmas Long, his heirs and afsigns, had duly executed 
 the fame, and joined therein or afiented thereto ; And 
 that the perfon or perlons to whom the faid Robert 
 White, his heirs or afsigns, {hall convey or otherwife 
 difpofe of the feveral mefluages, &c. hereby releafed, 
 or any part or parts thereof, fhall, notwithftanding 
 
 the
 
 APPENDIX OF PRECEDENTS. 401 
 
 the faid Robert Long y his heirs or affigns, fhall not 
 execute the fame, or join therein, or affent thereto, be 
 intitled to have, hold, and enjoy the fame feveral mef- 
 fuages, &c. againft the faid Thomas Long^ his heirs 
 or afsigns, and all and every perfon or perfons claim- 
 ing or to claiiti by from through under or in truft for 
 him, them, or any of them ; And that the receipt or Declaration 
 receipts of the faid Robert IVbite, his heirs and affigns, O f trufteeto be 
 fhall from time to time be a good and fufficient dif- afufficient dl1 * 
 charge or good and fufficient discharges to the pur- 
 chafer or purchafers of the faid feveral mefluages, &c. 
 fo to be fold as aforefaid, or any part or parts there- 
 of, and to his, her, or their refpe&ive heirs, executors, 
 adminiir-rators, and affigns, for fo much of the pur- 
 chafe-money as fhall therein acknowledged to be re- 
 ceived, and that fuch purchafer or purchafers, his, 
 her, or their heirs, executors, or adminiftrators, fliall 
 not afterwards be anfwerable or accountable for any 
 lofs, mifapplication, or nonapplication of fuch pur- 
 chafe-money fo to be received, or any part thereof, 
 nor be obliged to enquire into the reatbn of making 
 fuchfaleor fales.- PROVIDED ALSO, And it is Andthat the 
 hereby further agreed and declared by and between the " Accountable 
 iaid parties to thefe prefents, That the faid Robert tor lofs, with- 
 Wbite^ his heirs, executors, adminiftrators, or affigns outwilfult 
 fhall not be charged or chargeable with or for any 
 fum or fums of money other than fuch as fhall ac- 
 tually and refpeclively come to his and their hands 
 by virtue of thefe prefents, nor with or for any 
 lofs or damage which may happen in or about the 
 execution of all or any of the trufts aforefaid, with 
 out his or their wilful default. Covenant for pay- 
 ment of annuity). AND the faid Thomas Long for Covenant by 
 himfelf, his heirs, executors, and admin iftrators,^^ 1 ^ 110 
 DOTH covenant, promife and agree, to and with convey in fee, 
 the faid Richard Long^ his heirs and affigns, by 
 thefe prefents in manner following ; (that is to fay) 
 That (notwithftanding any act, deed, matter, or thing 
 \vhatfoever made, done, or committed, or wittingly 
 or willingly fuffered to the contrary) the faid Thomas 
 ) Thomas Williams^ and John "Jenkins^ or fome 
 
 D D of
 
 402 APPENDIX OF PRECEDENTS. 
 
 of them, now are feifed to them and their heirs, or 
 one of them is feifed to him and his heirs of the faid 
 mefluages, &c. herein before mentioned, and intended 
 to be hereby granted, releafed and conveyed, direted, 
 limited and appointed, or intended fo to be, and every 
 part thereof with the appurtenances of a good, fure, 
 lawful, abfolute and indeteafible eftate of inheritance 
 in fee fimple, without any manner of condition, power, 
 reftraint, caufe, or thing whatfoever, to alter, change, 
 charge, defeat or incumber the fame, or any part 
 thereof. AND ALSO, That (notwithstanding any 
 fuch a<5r., deed, matter or thing as forefaid) they the 
 faid Thomas Long, Thomas Williams, and John Jen- 
 kins, or fome of them, now have in themfelves, or 
 one of them hath in himfelf good right, full power, 
 and lawful and abfolute authority by thefe prefents to 
 grant, releafe arid convey, direct, limit and appoint, 
 or otherwife aflure the iaid feveral mefiuages, &c. 
 herein before mentioned, and intended to be hereby 
 granted, releafed, and conveyed, directed, limited, 
 and appointed as aforefaid, with their and every of 
 their appurtenances, unto and to the ufe of the 
 faid Richard White, his heirs and afligns for ever, 
 fubjecl: and upon the trufts and in manner and 
 form aforefaid, according to the true intent and 
 meaning of thefe prefents ; AND that all and fmgular 
 the faid feveral mefluages, &c. herein before men- 
 tioned and intended to be hereby granted, releafed, 
 and conveyed, directed, limited, and appointed, fhall 
 and may, from time to time, and at all times here- 
 after, remain, continue, and be to the ufe of the faid 
 je. White, his heirs and afligns, UPON THE 
 TRUSTS, and to and for the intents and purpofes, 
 and with, under, and fubjecr, to the feveral powers, 
 provifoes, declarations, and agreements herein before 
 limited, exprefled, declared, and contained of and 
 concerning the fame, and fhall and may be accord- 
 And for quiet ingly peaceably had, held, and enjoyed without any 
 
 from'incum-" k w *" u * let > fuit > trouble j denial, eviction, interrup- 
 
 brunccs. tion, claim, or demand whatfoever, of or by him 
 
 the faid R. Long, or his heirs, or by any other per- 
 
 fim
 
 APPENDIX OF PRECEDENTS. 403 
 
 fon or perfons whomfoever, and free and clear, and 
 freely and clearly acquitted, exonerated, and dif- 
 charged, or otherwife, by him the faid R. Long, his 
 heirs, executors, or adminiftrators, well and fuffi- 
 ciently fuved, defended, kept harmlefs, and indemni- 
 fied of from and againft all, and all manner of former 
 and other gifts, grants, bargains, fales^ leafes, mort- 
 gages, jointures, dowers, titles of dower, ufes, trufts^ 
 wills, intails, rents and arrears of rent, ftatutes, re- 
 cognizances, judgments, extents, executions^ eftates^ , 
 titles, charges, and incumbrances whatfoever, had, 
 made, done, committed, or fuffered by the faid Tho~ 
 mas Long) his heirs or affigns, or by any other per- 
 fon or perfons whomfoever. AND MOREOVER, 
 That he the faid Thomas Long^ and his heirs, and all And for funher 
 and every other perfon or perfons whomibeverj hav- affu<-ance - 
 ing, or lawfully or equitably claiming, or who fhall 
 or may hereafter have, or lawfully or equitably 
 claim any eftate, right, title, truft, or intereft in 
 to or out of the faid feveral meffuages, &cc. herein 
 before mentioned, and intended to be hereby granted, 
 releafed, and conveyed, directed, limited, and ap- 
 pointed, or any part thereof, fhall and will from time 
 to time, and at all times hereafter, upon every rea- 
 fonable requeft of the faid R. White^ his heirs or af- 
 figns, but at the proper cofts and charges in the law 
 of the faid Thomas Long y his heirs or affigns, make, 
 do, acknowledge, levy, fuffer, and execute, or caufe 
 or procure to be made, done, acknowledged, levied, 
 fuffered, and executed all and every fuch further 1 and 
 other lawful and reafonable adts, deeds, conveyances, 
 and aflurances in the law whatfoever, for the further 
 and better, more perfect and abfolute conveying, a 
 luring, and confirming, dire&ing, limiting, and ap- 
 pointing the faid feveral mefluages, &c. herein before 
 mentioned, and intended to be hereby granted, 
 releafed, and conveyed, directed, limited, and ap- 
 pointed, with their and every of their appurtenances 
 unto and to the ufe of the faid R. White, his heirs and 
 affigns for ever, upon the trufts aforefaid, and ac- 
 cording to the true intent and meaning of thefe pre- 
 fents, be the fame by fine or fines, common recovery 
 
 D D2 OF
 
 404 APPENDIX OF PRECEDENTS. 
 
 or common recoveries, or any other matter of record 
 or otherwife howfoever, as by the {'aid R. White ^ his 
 heirs or afligns, or any of them, or his, their, or any 
 of their counfel learned in the law, fhall or may 
 be lawfully and reafonably advifed, devifed, or re- 
 Andthathe quired. AND FURTHER, That he the faid Tbo- 
 lale'a.Tcon 1 - 16 ^s Long, his heirs and afligns, fhall and will join 
 veyances to be and concur in the making of any fale or fales to be 
 Sers"amr made or propofed to be made by the faid R. White , 
 enter into the i his heirs or afligns, under or by virtue of the trufts 
 uiual covenant* j iere j n Before mentioned, and in executing the feveral 
 conveyances and aflurances in -the faid premifes to the 
 purchafer or purchafers thereof, and enter into all 
 ufual covenants with fuch purchafer or purchafers, 
 his, her, or their heirs, executors, adminiftrators, and 
 afligns, for the eftate, title, pofieflion, and further af- 
 furance of the faid premifes, or fuch of them as fhould 
 be fo fold, or do any other a<ft or ats for confirming 
 Declaration^ f uc h fale or fales. NEVERTHELESS, and it is 
 nocWentiaL hereby agreed and declared, That the joining of the 
 laid [homas Long, his heirs or afligns, in any fuch 
 fale or fales, conveyance or conveyances aforefaid, 
 fhall not in anywife be deemed or confidered as ef- 
 fential or necdTary to perfedt the title of the purchafer 
 or purchafers of the faid premifes, or any part thereof, 
 the fame being intended only for the further fatisfa&ion 
 Declaration o f f uc h purchafer or purchafers. AND it is hereby agreed 
 ilandmg 'terms * n & declared by and between all the faid parties to thefe 
 in the premifes prefents, That all terms for years (if any fuch there 
 S ; at l tend n the Uft be ) comprrfmg the faid meflTuages, &c. herein before 
 inheritance ac- mentioned,' and intended to be hereby granted and re- 
 . k ale d> either alone or together with any other lands 
 or hereditaments, fhall from henceforth, with refpecl 
 to the faid premifes -hereby releafed, be IN TRUST 
 to attend the revcrfion, freehold, and inheritance of 
 the fame premifes, according to the ufes, trufts, 
 charges, or eftates, declared of and fubfifting in the 
 fame premifes by virtue of or under thefe prefents, fo 
 that the fame may vrait upon and attend the faid ufes, 
 fruits, charges, or eftates, fo as to be fubfervient 
 thereto, and to protect the fame from all mefne charges 
 and incumbrances (if any fuch there be) (Add de- 
 
 feafance
 
 APPENDIX OF PRECEDENTS. 
 
 feafance on the judgment.) AND WHEREAS upon cl fe for re - 
 the treaty for the purchafe of the faid annuity, or J^nTof half 
 clear yearly fum of TOO/, herein before mentioned, it a year's annul- 
 was mutually agreed by and between the laid Thomas ty ' 
 Long and Edward Bolt, that the faid Thomas Long, 
 his heirs, executors, adminiftrators, or affigns, fhould 
 any time hereafter, at his or their own pleafure, be 
 at liberty to repurchafe and buy up the iaid annuity 
 or yearly fum of loo/, upon giving unto the faid Ed- 
 ward Bolt, his executors, adminiftrators, and aifigns,' 
 feven days notice in writing of fuch his or their in- 
 tention, and upon paying unto the faid Edward 
 Bolt) his executors, adminiftrators, or affigns, the 
 full fum of 95O/. being the original purchafe-money, 
 and two quarterly payments of the faid annuity of 
 loo/, of lawful money of Great Britain, as and for 
 the confideration of fuch repurchafe of the faid an- 
 nuity of IOO/. together with all arrears that {hall be 
 due on the fame, and a proportioable part thereof 
 from the laft day of payment thereof preceding fuch 
 repurchafe up to and until the repurchasing the fame. 
 NOW THIS INDENTURE FURTHER WIT- 
 NESSETH, That for effeauating the faid laft-men^ 
 tioned agreement, and for the conh'derations aforefaid, 
 it is hereby agreed and declared by and between the 
 parties to thefe prefents, and of the faid parties ; AND 
 the faid Edward Bolt for himfelf, his heirs, executors, 
 adminiftrators, and affigns, DOTH hereby covenant, 
 promife and agree to and with the faid Thomas Long, his 
 heirs, executors, and adminiftrors, and!every of them, 
 That in cafe the faid Thomas Long, his heirs, executors, 
 adminiftrators, and affigns, (hall at any time hereafter be 
 minded and defirous of repurchafing the faid annuity, 
 or yearly fum of IOO/. and of fuch his intention fhall 
 give unto the faid Edward Bolt^ his executors, ad- 
 miniftrators, or affigns, notice in writing by the 
 fpace of feven days, that he the faid Edtvard Bolt, his 
 executors, adminiftrators, or affigns, fhall and will, 
 at the expiration of fuch feven days from the time fuch' 
 notice fhall be given as laft aforefaid, on receiving all 
 and every fum and fums of money whatfoever that 
 DD 3 (hall
 
 406 APPENDIX OF PRECEDENTS. 
 
 ftiall be then due on the arrears of the faid annuity of 
 JOO/. together with a proportionable part thereof, 
 from the laft day of payment thereof preceding fuch 
 repurchafe up to the day of repurchafing the fame as 
 aforefaid, accept, receive, and take the faid fum of 950/. 
 as and in full for the repurchafe of the faid annuity, or 
 yearly fum of ipo/. fecured as aforefaid ; AND on 
 receipt of the faid fum of 950/. and all arrears of the 
 faid annuity, or clear yearly fum of IOO/. fecured as 
 aforefaid, and fuch proportionable part thereof as 
 aforefaid, fliall and will at the proper cofts and 
 charges in the law of him the faid Richard Long, his 
 heirs, executors, adminiftrators, or afligns, deliver up 
 the faid bond to the faid Thomas Long, his heirs, exe- 
 cutors, administrators, or afligns, to be cancelled and 
 acknowledged, or caufe fatisfa&ion to be acknowledged 
 on the record of the faid judgment that fhall be en- 
 tered up by virtue of the faid warrant of attorney, 
 and then and in fuch cafe the faid annuity or yearly 
 fum of jco/. and the powers and authorities herein 
 contained for recovering the fame, and enforcing the 
 payment thereof fhall ceafe, determine, and be void ; 
 Andonrepur- A frj) then a d f h f th faid lc / Jar J White, 
 Chafing annul- . , ,j 
 
 ty, tmftee to his heirs or afligns, lhall and will re-convey the laid 
 
 re-corn e< the rreffuap-e?, &c. herein before mentioned and intended 
 prem .fe , or fo . . . . . . 
 
 much .!* fhpuld to be hereby granted, releaied, conveyed, directed, 
 
 dT h f d f ee l' m ' te d, ?n d appointed, or mentioned or intended fa 
 
 grantee, his to he, or fo much thereof as fhall not then have been 
 
 heirs and af, fold anc j difpofed of unto the faid Thomas Lonr* and 
 
 Cgns, and m i , . \ . . n , , i- o 
 
 cafe any i art his heirs and iiiSgns, or as he or they inaU direct or 
 
 thereof fhouid appoint, and then alfo and in that cafe if the fame 
 
 he fold, and 5r* , , ,. , / 
 
 the produce leveral hereditaments and premiles, or any part 
 
 thereof invert- thpreof, fhall have been fold and difpofed of, and the 
 
 Tor'"" f ei U iuch'Pf^ uce thereof inverted upon government fecurities. 
 
 fecurities to at Jntereft, (hall and will transfer fuch government 
 
 executors' ic. fecurities as may then remain unapplied and undifpofed 
 
 of, for the purpofes aforefaid, unto the faid Thomas Long, 
 
 his executors, adminiftrators, or afligns : Any thing 
 
 herein contained to the contrary thereof in any wife 
 
 notwithftanding. In witnefs, &c. 
 
 No.
 
 APPENDIX OF PRECEDENTS. 407 
 
 No. XXXIII. 
 
 GRANT of ANNUITY for the Lives of 
 Grantee and two Others, charged upon two 
 feveral Manors and Eftates, one of w/iic/i 
 the Grantor is feifed in Fee, fubjeck to a 
 Mortgage, and the other is veftcd in a 
 Truftet, in Tr lift for the Grantor, intended 
 to he conveyed by Leafe ami Releafe by a 
 fcparate Deed, with a Claufe of Redemp- 
 tion, on replacing Stock in Lieu of the 
 Confideration- Money. For which fee Pre- 
 cedent No. 34 (*). 
 
 THIS INDENTURE made, &c. BETWEEN Parties - 
 Thomas Lewis, of, &c. Efq. of the firft part; Thomas 
 Morgan^ of, &c. Efq. of the fecond part; and Ihomas 
 Burton, of, &c. of the third part. WHEREAS the 
 faid Thomas Lewis is feifed of the inheritance and i n fee of part of 
 
 equity of redemption of and in the manor or lordfhip, premifes, fub- 
 * i ,yi i r jeer to a mort- 
 
 or reputed manor or lordlhip, capital and other met- gage, and that 
 
 iuages, farms, lands, tenements, rents, and heredi- Jus truftee is 
 taments hereinafter mentioned, to be now in mortgage O tji er partTn" 
 to William Sandle y of, &c. Efq. fubjecl to fuch mort-truftfor him, 
 gage ; AND the faid Thomas Morgan is feifed of the 
 inheritance in fee-Ample, in poflefllon of and in the 
 manor, mefluages, lands, tenements, and heredita- 
 ments hereinafter mentioned and defcribed, and not 
 comprifed in the faid mortgage, IN TRUST for the faid 
 
 * This fecurity coming within the exception of the VHIth Se6Uon 
 of the Act, requires no memorial to be inrolli'd, nor the forms ob- 
 lerved in fuch as recmire the fame. 
 
 D D 4 Thomas
 
 408 APPENDIX OF PRECEDENTS. 
 
 Recital of con- Thomas Lewis , his heirs and afligns. AND WHERE- 
 a L1 " AS the laid Thomas Burton hath contraded and agreed 
 
 with the faid Thomas Lewis for the purchafe of one 
 annuity or yearly fum of 20O/. of lawful, &c. to be 
 paid to the faid Thomas Burton, his executors, admi- 
 niftrators, and afsigns, free from taxes, and clear of 
 ail other deductions whatfoever, for and during the 
 natural lives of the laid Thomas Burton and of A. B. 
 and C. D. and the life of the furvivor or longeft liver of 
 them, at for for the price or fum of i,goo/. AND upon 
 the treaty for the purchafe of the faid annuity it was 
 agreed, That the famefhould be fecuredby the bonder 
 obligation of the faid Thomas Lewis, and by a war- 
 rant of attorney from him to confeis a judgment there- 
 on, and fhould be charged upon and ifiuing and pay- 
 , able out of the feveral manors or lordfhips, capital 
 and other mefiuages, farms, lands, tenements, rents, 
 and hereditaments herein after mentioned, and defcribed 
 Hecitai of bond, in manner hereinefter mentioned. AND WHEREAS 
 the faid Thomas Lewis, by his bond or obligation 
 under his hand and feal, bearing even date with thelc 
 preients, hath become bound unto the faid 'Ihomas 
 Burton in the penal fum of 3,8oo/. with a condition 
 thereunder written for making void the fame if the 
 laid Thames Lewis, his heirs, executors, or adminiftra- 
 tors, fhould well and truly pay, or caufe to be paid, 
 unto the faid Thomas Burton, his executors, adminif- 
 . trators, or afligns, for and during the natural lives of 
 them the faid Thomas Burton, A. B. and C. D. and 
 the life of the furvivor or longeft liver of them, one 
 annuity or yearly fum of 2OO/. of lawful, &c. free 
 from taxes, and clear of all other deductions what- 
 foever, on four days or times in the year (that is to 
 
 fay) the ; day of, &c. in every year, by equal 
 
 and even portions, the rirft payment thereof to begin 
 
 and be made on the day of next en- 
 
 fuing the day of the date of the faid bond or obliga- 
 tion now in recital ; AND ALSO if the fuid 7homas 
 Lewis, his heirs, executors, or adminiftrators, fhould 
 well and truly pay, or caufe to be paid, unto the exe 
 CutorSj adminiftrators, or afligns of the faid Thomas 
 
 Burton,
 
 APPENDIX OF PRECEDENS. 409 
 
 Burton^ in cafe the furvivor of them the faid Thomas 
 Burton, A. B. and C. D. fhould depart this life on 
 any day on which any quarterly-payment of the faid 
 annuity, or yearly fum of 200/. mould become due, 
 the whole of fuch quarterly payment ; AND if on 
 any other day, in cafe fuch day fhould happen before 
 any quarterly payment of the faid annuity or yearly fum 
 of2OO/. fhould have become due, then a proportionable 
 part of the quarterly payment of the faid annuity or 
 yearly fum of 2oo/. to be computed from the day of the 
 date of the faid bond or obligation now in recital to 
 the day of the death of the furvivor or longeft liver 
 of them the faid Thomas Burton, A. B. and C. D. 
 But in cafe any quarterly payment of the faid annuity, 
 or yearly fum of 2OO/. fhould have become due at the 
 time of the deceafe of the furvivor or longeft liver of 
 them the faid Thomas Burton, A. B. and C. D. then 
 from fuch of the faid quarterly-days of payment of the 
 laid annuity, or yearly fum of 200/. as fhould happen 
 to be next and immediately preceding the day of the 
 death of fuch furvivor, or longeft liver of them the 
 faid Thomas Burton, A. B. and C. D. to the day of 
 fuch furvivor or longeft liver's deceafe. (Recite war- 
 rant of attorney). NOW THIS INDENTURE 
 WITNESSETH, That in purfuance of the faid 
 agreement, and for and in confideration of the fum of' iru '"S ut < 
 i,900/. of lawful, &c. by the faid Thomas Burton to SSS*pJ!t 
 the faid Thomas Lewis, in hand well and truly paid at the ettate is 
 or before the fealing and delivery of thefe prefents, 
 the receipt whereof he the faid Thomas Lewis doth grantor, 
 hereby acknowledge, and thereof and from every part 
 thereof doth acquit, releafe, and difcharge the faid 
 Thomas Burton, his executors, adminiftrators, and af- 
 figns, and every of them for ever by thefe prefents; 
 AND for and in confederation of the fum of icu. of" 
 like lawful money by the faid Thomas Burton to the 
 faid Thomas Morgan in like manner paid, the receipt 
 whereof is hereby acknowledged, he the faid Thomas 
 Morgan (at the requeft and by the direction of the faid 
 Thomas Lewis, testified by his being a party to and 
 executing thefe prefents) but fo far only as relates to 
 the eftatt and intereft of him the iliid '1 homas Morgan 
 
 of
 
 4 io APPENDIX OF PRECEDENTS. 
 
 of ar.d in the manor, mefluages, lands, tenements, 
 and hereditaments hereinafter mentioned and defcribed, 
 and not comprifed in the laid mortgage made to the 
 faid William Sandle as aforefaid, DO T H for himfelf 
 and his heirs give, grant, bargain, fell, and confirm j 
 AND the faid Thomas Lewis for himfelf, his heirs, 
 executors, and admlniftrators, DOTH give, grant, 
 bargain, fell, ratify, and confirm unto the faid Thomas 
 Burton^ his executors, administrators, and affigns, for 
 anil during the natural lives of them the faid Thomas 
 Burton, A. B. and C. D. and the life of the furvivor 
 and longeft liver of them, one annuity or clear yearly 
 rent-charge, or fum of 20O/. of lawful, &c. to be if- 
 fuing, payable, and going out of, and had received 
 and taken by him the laid Thomas Burton, his execu- 
 tors, adminiftrators, or afsigns, by and out of and 
 Pienu/es. from ALL that the manor or lordlhip, or reputed 
 nr.anor or lordfhip of C. fituate lying and being in 
 
 the county of S with the rights, royalties, 
 
 members, and appurtenances thereunto belonging; 
 AND alfo all the advowfon, donation, free difpoiition, 
 and right of patronage and prefentation of in and to 
 the re&ory and parifh church of C. in the faid county 
 
 of S with the rights, members, and appurte- 
 
 tenances ; AND alfo all that capital mefluage or 
 manfion-houfe called DoocFs Hall^ with the coach- 
 houfe, ftables, pleafu re-ground and garden thereto 
 belonging, containing by eftimation 8 acres and 24 
 poles, be the fame more or lefs (State the Prernijes) 
 ALL which faid manor or lordfhip, or reputed 
 manor or lordfhip, capital and other mefluages, farms, 
 lands, tenements, rents, hereditaments, and premifes 
 herein before mentioned and defcribed, except the 
 faid advowfon, were by indentures of leafe and releafe, 
 
 bearing date refpedliively the and days 
 
 of J 79 2 j the releafe being made between 
 
 of the firft part ; the faid Thomas Lewis of 
 
 the fecond part ; and -. of the third part ; 
 
 conveyed and allured unto and to the ufe of the faid 
 
 . his heirs and afsigns, for fecuring to 
 
 him, his executors, adminiftrators, and afsigns, the 
 payment of the fum of i8,ooo/. and interelt) ; AND 
 
 alfo
 
 APPENDIX OF PRECEDENTS. 4" 
 
 alfo by and out of and from all that manor or lordftiip 
 of E. in the county of S with its rights, royal- 
 ties, members, and appurtenances ; AND all thofc 
 feveral pieces or parcels of land fituate, lying, and 
 being within the faid manor and the parifh of E. 
 called, &c. (State the parcels) together with all G ' 
 and every the rights, royalties, members, and appur- 
 tenances whatfoever to the faid feveral manors or 
 lordfliips, or reputed manors or lordfhips, advowfon, 
 capital and other mefluages, farms, lands, tenements, 
 rents, hereditaments, and premifes belonging and ap- 
 pertaining, TO HAVE AND TO HOLD, receive SS? V U /S 
 and enjoy the faid annuity, or clear yearly rent-charge, the life of fur- 
 or fum of 2OO/. hereby given, granted, and confirmed, vivor - 
 or expreffed or intended fo to be, and every part 
 thereof, unto the faid Thomas Burton, his executors, 
 adminiftrators, and afsigns, from henceforth for and 
 during the natural lives of them the faid Thomas 
 Burton^ A, B. and C. D. and the life of the furvivor 
 or longeft liver of them, and up to the day of fuch 
 furvivor or longeft liver's deceafe, by four equal quar- 
 terly payments in the year, on the feveral days fol- 
 lowing ; (that is to fay) on the day of, &c. by 
 
 even and equal portions, together with a proportion- 
 able part of the faid annuity or yearly rent-charge 
 for the time which at the deceafe of the furvivor or 
 longeft liver of them the faid Thomas Burton^ A. B. 
 and C. D. (hall have elapfed of the quarterly payment 
 of the faid annuity growing due at the time of fuch 
 longeft liver's deceafe, the faid annuity or yearly rent- 
 charge of 2OO/. to be fo paid and payable to him the 
 faid Thomas Burton^ his executors, adminiftrators, or 
 afsigns, at or in the common dining-hall of Lincoln's 
 Inn, in the county of Middlefex^ free and clear of and 
 without making any abatement or deduction whatfoever 
 thereout, or out of any part thereof, for or in refpecl 
 of any taxes, charges, aflefirnents, payments, or other 
 impofitions whatfoever, now taxed, charged, aflfefled, 
 or impofed, or to be taxed, charged, aflefled, or im- 
 pofed on the faid manors or lordmips, advowfon, ca- 
 pital and other mefluages, farms, lands, tenements, 
 
 rents,
 
 APPENDIX OF PRECEDENTS. 
 
 rents, and hereditaments hereby charged therewith, 
 or any of them, or any part thereof, or on the faid 
 annuity or yearly fum of 2oo/. or any part thereof, 
 or upon the faid Thomas Burton, his executors, ad- 
 miniftrators, or afligns, in refpcdl thereof by autho- 
 rity of parliament, or otherwife howfoever; And the 
 firft of the faid quarterly payments of the faid annuity 
 or yearly rent-charge hereby granted to begin and be 
 
 made on the day of next enfuing the 
 
 day of the elate of thefe presents, and fuch proportion- 
 able part of the fame to be paid immediately after the 
 deceafe of the furvivor or longeft liver of them the 
 Powers of dif- f a id Thomas Burton, A, B. and C. D. AND the faid 
 
 trels and ent:rv, _, T-ri-c\ri-t- j 
 
 in which the' Ibomas Lewis tor nimlelr, his heirs, executors, and 
 truftee joins as adminiftrators, doth hereby further covenant, errant, 
 
 far as relates to j A i i. r i 'r;' * n. 
 
 his cftatc and and agree ; And the laid 1 bomas Morgan, at the rtquelt 
 imereit in the of the faid Thomas Lewis, but fo far onlv as relates to 
 the eftate and intereft of him the faid Thomas Morgan 
 in the premifes, doth for himfelf, his heirs, executors, 
 and adminiftrators, hereby further grant, covenant, and 
 agree to and with the faid Thomas Burton, his execu- 
 tors, adminiftrators and afligns, that in cafe the faid 
 annuity, or yearly rent-charge, or fum of 2OO/. or any 
 part thereof, fhall happen to be behind and unpaid by 
 the fpace of 14 days next over or after any of the faid 
 days of payment whereon the fame is herein before 
 appointed to be paid as aforefaid, then and in fuch cafe, 
 and as often as it fhall fo happen, it {hall and may be 
 lawful to and for the faid Thomas Burton, into or 
 upon the faid manors or lordfhips, advowfon, capital 
 and other mefluages, farms, lands, tenements, rents 
 and hereditaments hereby charged with the payment 
 of the faid annuity, or yearly rent-charge, or fum of 
 20O/ t or exprefled or intended fo to be, and every of 
 them, or any part thereof, to enter and diftrain for 
 the faid annuity or yearly rent-charge of 2oo/. and all 
 arrears thereof, and the diftrefs and diftrefles then and 
 there found to take, lead, drive, carry away, and 
 impound, and the fame in pound to detain and keep 
 until the faid annuity or yearly rent-charge of 2oo/. 
 and all arrears thereof, and all cofts, charges, and 
 
 4 expences 

 
 APPENDIX OF PRECEDENTS. 413 
 
 cxpences whatfoever fuftained or occafioned by the 
 making, taking, and keeping fuch diftrefs then and 
 there found, fhall be fully paid and fatisfied, and in 
 default of payment thereof in due time after fuch 
 diftrefs fhall be made and taken, to appraife, fell, or 
 otherwife to acl therein according to law, in the fame 
 manner in all refpects as landlords are by act of par- 
 liament authorifed to do in refpect to diftrefles for 
 arrears of rent upon leafes for years, to the intent 
 that thereby and therewith the faid Thomas Burton^ 
 his heirs, executors, adminiftrators, and affigns fhall 
 and may be fully paid and fatisfied the faid annuity or 
 clear yearly rent-charge of 20O/. and all arrears 
 thereof, or fo much thereof as fhall be then remain- 
 ing due and unpaid, and all cofts, charges, and ex r 
 pences whatfoever fuftained, or occafioned by the non- 
 payment thereof. AND the faid Thomas Lewls y for 
 himfelf, his heirs, executors, and adminiftrators, doth 
 hereby further grant, covenant, and agree ; AND the 
 faid Thomas Morgan, at the requeft of the faid Tho- 
 mas Lewis, but fo far only as relates to the eftate 
 and intereft of him the faid Thomas Morgan in the pre- 
 mifes, doth for himfelf, his heirs, executors, and ad- 
 miniftrators, hereby further covenant, grant, and 
 agree to and with the faid Thomas Burton^ his execu- 
 tors, adminiftrators, and affigns, that if the faid an- 
 nuity or yearly rent-charge of 290/. or any part 
 thereof, fhall be behind and unpaid by the fpace of 
 21 days next over or after any of the faid days or 
 times appointed for the payment thereof as aforefaid, 
 then and in fuch cafe, and as often as it fhall fo hap- 
 pen, (although no formal demand thereof fhall be 
 made) it fhail and may be lawful to and for the faid 
 Thomas Burton^ his executors, adminiftrators, and af- 
 figns, into and upon the faid manors or lordfhips, ad- 
 vowfon, capital and other meffuages, farms, lands, tene- 
 ments, rents, and hereditaments hereby charged there- 
 with, or into or upon any of them, or any part there- 
 of, in the name of the whole to enter, and the fame 
 to have, hold, and enjoy, and the rents, iflues, and 
 profits thereof, and of every part thereof, to receive 
 nixi take to and for his and their own ufe and benefit, 
 
 until
 
 4H 
 
 APPENDIX OF PRECEDENTS. 
 
 Provifothat 
 joininr tniitee 
 in the giant is 
 only meant to 
 
 charge. trnft 
 
 IM clinics. 
 
 Andnottoaf- 
 
 w^rop 
 truftee. 
 
 Clanfeforre- 
 
 until he or they fhall be thereby or therewith or other- 
 wife fully paid and fatisfied all arrears of the faid an- 
 nuity or yearly rent-charge of 2OO/. and alfo fo much 
 of the faid annuity or yearly rent-charge of 200/. as 
 fhall incur and grow due during fuch time as the 
 faid Thomas Burton^ his executors, adminiftrators, 
 or afligns, fhall continue in pofleffion of the faid 
 manors or lordfhips, advowfon, capital and other 
 mefliiages, farms, lands, tenements, rents, and here- 
 ditaments, after fuch entries as aforefaid, together 
 with all fuch lofts, cofts, charges, damages, and ex- 
 pences whatfoever as fhall be fuftained or occafioned 
 by reafon or means of the non-payment thereof, or 
 of any part thereof, at or on the days appointed for 
 the payment of the faid annuity or yearly rent-charge 
 as aforefaid, and fuch pofieflion when taken to be 
 without impeachment of wafte. (Add covenant from 
 Thomas Lewis to pay annuity). PROVIDED AL- 
 
 WAYS, And it is hereby agreed and declared by and 
 > . . / t> J 
 
 between the laid parties to thele prelents, 1 hat the 
 joining of the laid Thomas Morgan in the grant and 
 
 jo o o 
 
 covenants herein before contained is meant and in- 
 tended only to charge the faid manor or lordfhip, 
 mefluages, farms, lands, tenements, hereditaments, 
 and prcmifes now veiled in him in truft as aforefaid 
 with the payment of the faid annuity or yearly rent- 
 charge of 2oo/. hereby granted ; AND that the join- 
 * n => * ^ ie ^ '^omas Morgan in the faid grant and 
 covenant herein before contained fhall not in any wife 
 affe6t the perfon or property of the faid Thomas Morgan^ 
 his heirs, executors, or adminiftrators, or make him 
 or them perfonally, or his or their property (other 
 than the premifes now vefted in him in truft as afore- 
 faid) liable to pay the faid annuity or yearly rent- 
 chnrge of 20O/. or any part thereof, or any arrears 
 thereof, or liable to pay any action or fuit whatfoever 
 for the recovery thereof. ( Add defeasance on judgment). 
 AND WHEREAS upon the treaty for the purchafeof 
 ^ ^ ^ nnu 'ty, or clear yearly rent-charge, or fum of 
 20O/. herein before mentioned, it was mutually agreed 
 and declared by and between the faid Thomas Burton 
 
 and
 
 APPENDIX OF PRECEDENTS. 415 
 
 and Thomas Lewis, that he the faid Thomas Leiuis t 
 his heirs, executors or adminiftrators fhould, at any 
 time or times hereafter, at his or their own plea- 
 fure, be at liberty to repurchafe and buy up the 
 (aid annuity or clear yearly rent-charge or fum of 
 2OC/. upon giving to the faid Thomas Burton, his 
 executors, adminiftrators or affigns, ten days notice 
 in writing of fuch his or their intention, and upon 
 transferring or caufing to be tranferred into the hands 
 of the faid Thomas Burton, or into the names of his 
 executors, adminiftrators or affigns, at the expiration 
 of the time to be mentioned therein, the full fum of 
 4000/. 3 per cent, confolidated Bank annuities to and 
 for his and their own proper ufe and benefit, and upon 
 paying all arrears that {hall be due on the faid annuity, 
 and a proportionable part thereof from the laft day 
 of payment thereof preceding fuch repurchafe up to 
 and until the repurchafing the fame. NOW THIS 
 INDENTURE FURTHER WITNESSETH, 
 That for effectuating the faid laft-mentioned agree- 
 ment, and for the confide rations aforefaid, it is hereby 
 agreed and declared by and between the faid parties 
 to thefe prefents to be the true intent and meaning of 
 thefe prefents and of the faid parties. AND the faid 
 Thomas Burton for himfelf, his heirs, executors, ad- 
 miniftrators and affigns, doth hereby covenant, promife 
 and agree to and with the faid Thomas Lewis, his 
 heirs, executors, adminiftrators, and affigns, and every 
 of them, that in cafe the faid Thomas Leu/is, his 
 heirs, executors, or adminiftrators, (hall at any time 
 hereafter be minded and defirous of repurchafing the 
 laid annuity or clear yearly rent-charge or fum of 
 200/. and of fuch his or their intention (hall give 
 unto the faid 'ihomas Burton, his executors, adminif- 
 trators or afsigns, notice in writing by the fpace of ten 
 days, that he the faid Thomas Burton, his executors, 
 adminiftrators or affigns {hall, and will at the end of 
 the faid ten days from the time fuch notice {hall be 
 given as laft aforefaid, on receiving all and every 
 fum and fums of money whatfoever that {hall be then 
 due for the arrears of the laid annuity, together with 
 3 a pro-
 
 416 APPENDIX OF PRECEDENTS. 
 
 a proportionable part thereof from the laft day of pay- 
 ment thereof preceding fuch rcpurchafe up to the day 
 of repurchafmg the fame as aforefaid, accept, receive, 
 and take the faid 40OO/. 3 per cent, confolidated Bank 
 annuities, as and in full for the repurchafe of the faid 
 annuity or yearly rent-charge or fum of 2OO/. herein 
 before granted as aforefaid, and on the transfer of the 
 faid 4OOO/. 3 per cent, confolidated Bank annuities 
 into the name or names of him the faid Thomas Bur- 
 ton, his executors, adminiftrators or affigns, and pay- 
 ment to him or them of all arrears of the faid annuity 
 or clear yearly rent-charge or fum of 2OO/. herein be- 
 fore granted as aforefaid, and fuch proportionable part 
 thereof as laft aforefaid, {hall and will at the proper 
 cofts and charges in the law of him the faid Thomas 
 Lewis, his heirs, executors, adminiftrators or affigns, 
 deliver up the faid bond and thefe prefents to the laid 
 Thomas Lewis, his heirs, executors, adminiftrators, or 
 affigns, to be cancelled and acknowledged, or caufe fatis- 
 faclion to be acknowledged, or the record of the faid 
 judgment that {hall be entered up by virtue of the 
 laid warrant of attorney, and then and in fuch cafe 
 the faid annuity, clear yearly rent-charge, or fum of 
 20O/. and the powers remedies hereby given for re- 
 covering the fame and enforcing the payment thereof 
 fhall ceafe, determine and be void. Any thing herein 
 before contained to the contrary thereof in anywiie 
 notwithftanding. In witnefs, &c. 
 
 'Ko,
 
 APPENDIX OF PRECEDENTS. 41 Z 
 
 No. XXXIV. ' 
 
 CONVEYANCE in FEE by Leafe and Releafc 
 from a Grantor and his Truftee of two fe- 
 vcral Manors and Eftates (ftibjeti as to one 
 Eftate to a Mortgage) to a Truftee In Truft 
 to fecure three federal Annuities for three 
 Lives each, granted and charged thereon by 
 three fepcrate Deeds ; and for that Purpofe, 
 in Default of Payment of Annuities by 
 fixty Days, to fell and to pay off the Mort- 
 gage and the Arrears of Annuities., and to 
 mvcft the Rejidue in the Funds to anfwer 
 and pay the Annuities from Time to Time, 
 with /pedal Claufes as to Sale, and an Affign- 
 nient of an outftanding Term to a Truftee 
 In Truft for Annuitants very fpecial - 
 (vide Precedent, No. XXXIILJ*. 
 
 THIS INDENTURE made the day of pwt . 
 
 4oGeo. III. 1799, between Thomas 
 
 of, &c. Efq. of the firft part; Thomas Morgan^ of, 
 
 * The eftates here conveyed being of greater annual value than 
 the annuit ', require no memorial to be inrollcd, being excepted 
 by the 8th fedhon of the a<5l. The mode here adopted will at times 
 be found to be of great utility, ^ it frequently happens, that where 
 a large fum is required, it cannot be always obtained from one indi- 
 vidual; therefore, recourfe mu ft be had to two or more, who each 
 take a certain pioportion ot the annuity to be granted. Separate 
 grants of annuity are made, but the eftates are conveyed by t, 
 neral deed to a truftea or tuiftees for all parties, w'iih whom the 
 tide-deed* are dcpoiucd. 
 
 E &C.
 
 41* APPENDIX OF PRECEDENTS. 
 
 &c. Efq. of the fecond part ; Thomas Burton, of 
 
 Efq. Edward Batten, of Efq. and John Scott , 
 
 of Efq. of the third part; Robert Williams, 
 
 of gent- of the fourth part; "John Dower, of 
 
 ' gent, of the fifth part ; and James Miller, of 
 
 Recital^of a gentt o f t h e fixth part. WHEREAS by in- 
 
 forithree lives," denture bearing even date with thefe prefents, and made 
 charged upon or exprefled to be made between the laid Thomas Lewis, 
 premtfesafter ot tne fa& part, the faid Thomas Morgan^ of the 
 reieafed, with fecond part, and the faid Thomas Burton, of the third 
 Set^ofrupo'hP^t, IT IS WITNESSED, That in confideration 
 replacing ftock. of the fum of i8oo/. paid by the faid Thomas Burton 
 to the faid Thomas Lewis, and for other the confide- 
 rations therein mentioned, the faid Thomas Morgan, 
 at the requeft and by the direction of the faid Thomas 
 Lewis, (teftified as therein mentioned) but fofar only 
 as related to the eftate and intereft of him the faid 
 Thomas Morgan* of and in the manor, mefluages, 
 lands, tenements and hereditaments therein and herein 
 after mentioned, DID for himfelf, his heirs, execu- 
 tors and adminiflrators, give, grant, bargain, fell and 
 confirm ; And the faid Thomas Lewis for himfelf, his 
 heirs, executors and adminiflrators, did give, grant, 
 bargain, fell, ratify and confirm, unto the faid Thomas, 
 Burton, his executors, adminiftrators and afligns, for 
 and during the natural lives of the faid Thomas Burton, 
 A. B. and C. D. and the life of the furvivor and 
 longeft liver of them, one annuity or clear yearly 
 rent-charge or fum of 200 /. of lawful money of Great 
 Mritain, to be ifluing, payable and going out of, and 
 had, received and taken by him the faid Thomas Burton, 
 his executors, adminiftrators and afligns, by out of aod 
 from all and every the manors or lordfhips, or reputed 
 manors or lordfhips, capital and other mefluages, 
 farms, lands, tenements, rents and hereditaments 
 hereinafter mentioned and defcribed, and intended tv> 
 be hereby granted and reieafed, with their and every 
 of their rights, royalties, members, privileges and 
 appurtenances, TO HAVE, HOLD, receive and 
 enjoy the fame annuity or yearly rent-charge of 200 /. 
 unto the faid Thomas Burtcn, his executors, adminif-
 
 APPENDIX OF PRECEDENTS. 419 
 
 trators and afsigns, thenceforth for and during the na- 
 tural lives of them the faid Thomas Burton^ A. B. and 
 C. D. and the life of the furvivor of them, and up to 
 the day of fuch furvivor's or longer liver's death, by 
 
 quarterly payments, on the day of the 
 
 day of the day of and 
 
 the day of - in every year, by even and 
 
 equal portions, together with a proportionable part of 
 the Tame annuity for the time which at the deceafe of 
 the furvivor or longeit liver of them the faid Thomas 
 Burton^ A. E. and C. D. (hould have elapfed of the 
 quarterly payment of the faid annuity growing due at 
 the time of fuch longeft liver's deceafe, the firft 
 quarterly payment of the faid annuity to begin and be 
 
 tnade on the day of then next enfuing, 
 
 and fuch proportionable part of the fame to be paid 
 immediately after the deceafe of the furvivor or Jongeft 
 liver of them the faid Thomas Burton, A. B. and 
 C. D. ; And in which faid indenture now in recital are 
 contained the ufual powers of entry and diftrefs, and 
 perception of the rents and profits of the faid manor of 
 iordfhip, &c. and for recovering and enforcing the due 
 and punctual payment of the fame annuity or yearly 
 rent-charge of 200 /. when in arrear as therein men- 
 tioned. AND in and by the faid indenture now in 
 recital, it is further witnefled and agreed and declared 
 between the faid parties thereto, That in cafe the faid 
 Thomas Lewis, his heirs, executors, or adminiitra- 
 tors, fhould at any time thereafter be minded and de- 
 firous of repurchafing the faid annuity or clear yearly 
 rent-charge of 200 /. and of fuch his or their intention 
 fhould give unto the faid Thomas Burton, his executors, 
 adminiftrators or afsigns, notice in writing by the 
 $pace of ten days that he the faid Thomas Burton, his 
 executors, adminiftrators, or afsigns, fhould and 
 would at the end of the faid ten days from the time 
 fuch notice ftiould be given as aforefaid, on receiving 
 $11 and every fum and Turns of money whatfoever that 
 fhould be then due for the arrears of the faid annuity, 
 together with a proportionable part thereof, from the 
 laft day of payment thereof, preceding fuch repur- 
 E 2 chafe,
 
 APPENDIX OF PRECEDENTS. 
 
 chafe, up to the day of repurchafmg the fame 33 
 aforefaid, accept, receive and take 4000 /. 3 percent, 
 confolidated Bank annuities, as and in full for the re- 
 purchafe of the faid annuity, yearly rent-charge or 
 fum of 200 /. therein before granted as aforefaid, and 
 on the transfer of the faid 4000 /. 3 per cent confoli- 
 dated Bank annuities, into the name or names of him 
 the laid Thomas Burton, his executors, adminiftrators, 
 or afsigns, and payment to him or them of the faid 
 annuity or yearly rent-charge of 20O/. therein before 
 granted as aforefaid, and fuch proportionable part 
 thereof as aforefaid, the faid annuity, or yearly rent- 
 charge or fum of 200 /. and the powers and remedies 
 thereby given for recovering the fame and enforcing 
 the payment thereof fhould ceafe, determine, and be 
 void. (Recite two fnnilar grants of annuity of 20O/. 
 each, one to Edward Batten and another to John Scott.) 
 Andthatontiie AND WHEREAS at the time of the contracts made 
 
 contract for the, . . ,,/--, /-,-; T , 
 
 purchafeof by the laid 1 homes Lewis with the laid Ihomas Burton^ 
 fuch annuities, Edward Batten, and John Scott, for the granting to 
 
 it was agreed , / n.- i c \ r i r r ' 
 
 thatthefaid them relpectively ot the laid leverai annuities or 20O/. 
 premifes 2OO/. and 2OO /. as aforefaid, it was agreed, That the 
 
 with 5 fhouidbe ^ a ^ manors or lordfhips, &c. fo charged therewith 
 conveyed to a as aforefaid, fhould be conveyed and allured unto and 
 truftsVfter 11 * ie to the ufe of the faid Robert Williams, his heirs and 
 mentioned for afsigns, in manner and upon the trufts hereinafter 
 the'payrnent" 8 mentioned, for the purpofe of better and more effec- 
 thereof. tually fecuring the payment of the faid feveral annu- 
 
 ities as hereinafter expiefied and declared concerning 
 jConfideration. the fame. NOW THIS INDENTURE W1T- 
 NESSETH, That in purfuance of the faid agreement, 
 and in confideration of the feveral fums of i8oo/. 
 i8oo/. and 1800 /. fo refpeclively paid by the faid 
 Thomas Burton, Edivard Batten, and John Scott, to 
 the faid Thomas Lewis as aforefaid; And in confi- 
 deration of the fum of 10*. of lawful money of 
 Great Britain, by the faid Robert Williams to the faid 
 Thomas Lewis in hand well and truly paid, at or be- 
 fore the fealing and delivery of thefe prefents, the 
 receipt whereof is hereby acknowledged, he the faid 
 '1 homos Lewis, at the nomination and appointment of 
 
 the
 
 APPENDIX OF PRECEDENTS. 421 
 
 the faid Thomas Burton, Edward Batten, and John 
 Scatty (teitified by their being parties to and relpec- 
 tively executing, thefe prefents,) HATH granted, R leafeinfee 
 bargained, fold, aliened, releafed and conveyed, and I'b' grantor to 
 by thefe prefents DOTH grant, &c. unto the faid f^ 1 ^^" 1 ^ 
 Robert Williams (in his actual pofiefsion now being by jujicfes. 
 virtue of a bargain and. fale to him thereof made by 
 the faid Thomas Lewis, for 5*. confideration, by ihden* 
 ture bearing date the day next before the clay of the 
 date of thefe prefenvs for one whole year, to be com- 
 puted from the day next before -the day of the'date of :he 
 fame' indenture of bargain and fale, and by force of 
 the ftatute made for transferring ufes into pofiefsion,) 
 and to his 'heirs and afligns, ALL that the manor or Parcels. 
 Jord/hip, or reputed manor or lordihip of C. fituate, 
 
 lying and being in the county of with the 
 
 rights, royalties, members and appurtenances; And 
 alfo all the advowfon, donation,' free difpofition and 
 right of patronage and prefentation in and to the rec- I 
 tory and panfh-church of C. in the faid county of 
 with the rights, members, and appurte- 
 nances ; And alfo all that capital mefluage or'tnanfion 
 houfe called C -hall, with the coach-houfe, ftables, 
 pleafure-ground and gardens thereto belonging, con- 
 taining by eftimation ( State the parcels} to- ~ 
 
 5 i 11 i r i u r i r General words, 
 
 getner with all and nngular the homes, out-houfes, 
 
 edifices, buildings, barns, ftables, dove-houfes, yards, 
 gardens, orchards, lands, -meadows, pnftures, feed^ 
 ings, woods, underwoods, mines, quarries, free'-chafe' 
 and free-warrens, fiihing, fowling, hunting, hawking, 
 ways, waters, watercourfes, ponds, pools, coirimons, 
 waites, wafte-grounds, profits, 'royalties, courts-leer, 
 couris-baron, and cuftomary court view of frank 
 pledge, and all other lawful court and courts, and all 
 profits and perquifites of courts and leets, and all that 
 to courts and leets and view of frank pledge do belong, 
 and all waifs, ellrays, treafure, trover, goods and 
 chattels, debts, rights and credits of felons and fugi 
 tives, felons of themfelves, and put in exigent, out- 
 laws, deodands, wards, reliefs, efcheals, heriots, 
 amerciaments, rents, refervations, fervices, fairs, 
 E E j markets,
 
 422 APPENDIX OF PRECEDENTS. 
 
 markets, tolls, and all other rights, jurifdi&tons, pri- 
 vileges, profits, commodities, advantages and appur- 
 tenances whatfoever, to the faid manor or lordihip, 
 or reputed manor or Jordihip, &c. herein before men- 
 tioned and intended to be hereby granted and releafed, 
 belonging or in any wife appertaining, or to or with 
 the fame or any part thereof, now or at any time 
 heretofore ufually had, held, occupied, poflefled or en- 
 joyed, or accepted, reputed, deemed, taken or known, 
 as part, parcel or member thereof, or of any part 
 thereof; And the reversion and reverfions, remain- 
 der and remainders, yearly and other rents, iflues, 
 and profits thereof or thereunto incident, belonging or 
 in anywife appertaining, and all the eftate, right, 
 title, interejr, ufe, trull, inheritance, pofleflion, pro- 
 perty, pofljbility, claim and demand whatfoever, both 
 at law arid in equity, of him the faid Thomas Lewis, 
 of in to or out of the fame premifes^ or any part or 
 Habendumto parcel thereof, TO HAVE AND TO HOLD the 
 he! andaf- ^" a '^ manor or lordfhip, &c. and all arid fingular other 
 iigns. the premifes hereinbefore mentioned and intended to 
 
 be hereby granted and releafed, with their and every 
 of their rights, royalties, members and appurtenances, 
 unto the faid Robert Williams, his heirs and affigns 
 SubjeA (except fo r ever, (fubjedt, neverthelefs, as to all the faid ef- 
 a?toadvovvfon)tates, except the faid advowfon, to certain indentures 
 
 *f jiTooof a|je ^ ^ ea ^ e a releafe bearing date reipe&ively the 
 
 and days of " ' the releafe being made 
 
 between of the firft part, the faid Thomas 
 
 Lewis, of the fecond part, and of the third 
 
 part, whereby the feveral hereditaments and premifes 
 were conveyed and a/lured unto and to the ufe of the 
 
 faid .... his heirs and afligns, for fecuring to him, 
 
 his executors, adminiftrators and afligns, the payment 
 Upon the t-uftsof the fum of i8,ooo7.) UPON 1 HE TRUSTS, 
 atter menu- anc ] to an( j f or tne intents and purpoies hereinafter 
 r.icntioned, expreiVed and declared of and concerning 
 Releafe of other the fame. AND THIS INDENTURE FUR. 
 _ his TpER WITNESSETH, That in further purfu- 
 "/totruf-arice of the faid agreement, and for the confideration 
 tee for annm- . a forefaid, and in confideration of the fum of 10*. of 
 
 tanu. , f I 
 
 4. lawtul 
 
 It
 
 APPENDIX OF PRECEDENTS. 423 
 
 lawful money of Great Britain, by the faid Robert 
 JWilliams to the laid Thomas Lewis and Thomas Mor- 
 gan in hand well and truly paid, at or before the feal- 
 ing and delivery of thefe prefents, the receipt whereof 
 is hereby acknowledged, he the (aid Thomas M r jrgar\ % 
 at the requeft and by the direction of the laid Thomas 
 Lewis, and at the nomination and appointment of the 
 faid Thomas Burton, Edward Batten, and John Scott, 
 (teftified by their being feverally parties to and exe- 
 cuting the premifes,) HATH granted, bargained, 
 fold, aliened, releafed and conveyed, and by thefe pre- 
 fents DOTH grant, &c. ; And the laid Thomas Lewis, 
 at the like nomination and appointment of >the fai4 
 Thomas Burton, Edward Batten, and Jqhn Scott, 
 teftified as aforefaid, HATH granted, bargained, fold, 
 aliened, releafed, ratified and confirmed, and by thefe 
 prefents DOTH grant, &c. unto the faid Robert 
 Williams, (in his actual poiTefipn, now being by. vir- 
 tue of a bargain and fale to him thereof made by the 
 faid Thomas Lewis and Thomas Morgan, for 5^. con- 
 ftderation, by indenture bearing date the day next be-. 
 fore the day of the date of thefe prefents for one whole 
 year, to be computed from the day next before the cjay 
 of the date of the fame indenture of bargain and fale, 
 and by force of the flatute made for transferring ufes, 
 into pofleilion,) and to his heirs and afllgns, ALL parcels, 
 that the manor or lordfhip, Sec (State the parcels 
 Together with all and fingular hoafes, out-houfcs, 
 buildings, barns, flableS| dove-houfes, &c. the fame 
 general words as folloiu the lajl parcels) And the re- 
 verfion and reverfions, remainder aqd remainders, 
 yearly and other rents, iffues and profits thereof or 
 thereunto incident, belonging or in anyvvife apper T 
 taining, and all the eftate, right, title, interefr, ufe, 
 truft, inheritance, poffefTion, property, poflibility, 
 claim and demand whatfoever, both at law and in 
 equity, of them the faid Thomas Lewis and Thomas 
 Morgan, each or either of them, of in to or out of 
 the fame premifes, or any part or parcel thereof, TO Habendumta 
 HAVE AND TO HOLD the faid manor or lord-Ss^ndaf- 
 fhip, mefluages, farms, lands, tenements, heredita- fi s'i'= 'pn the 
 
 trults after 
 * E 4 mentS, mcntioned .
 
 424 APPENDIX OF PRECEDENTS. 
 
 ments, and all and fingular other the premifes laft 
 hereinbefore mentioned and intended to be hereby 
 granted, releafed and confirmed, with their and every 
 of their rights, members and appurtenances, unto the 
 faid Robert Will'.ams, his heirs and afligns ; To the 
 tife of the faid Robert Williams, his hens and affigns 
 for ever, UPON THE TRUSTS, and to and for 
 the intents and purpofes, and with under and fubjedt 
 to the powers, provifoes and declarations hereinafter 
 mentioned, exprefled and declared of and concerning 
 
 *>* - t w- the fame. AND the faid Thomas Morgan for him- 
 Covenant oy -...,..'. . . . . ? , , 
 
 truftee for the lelr, his heirs, executors and ad mi narrators, doth 
 
 ^ran.'or that h * covenant and declare to and with the faid Robert 
 kasdone no adt rr ~ n . , r . r 
 
 tomcumber. Williams* his heirs and afsigns, by thefe prefents, 
 
 That he uhe faid Thomas Morgan hath not at any time- 
 
 heretofore made, done or committed, or wittingly or 
 
 v/illingly permitted or fuffered to be done, or been 
 
 party or privy to the doing of any aft, deed, matter 
 
 or thing whatever, whereby or by reafon or means 
 
 v whereof the faid manor or lordfhip, &c. laft herein- 
 
 before mentioned and intended to be bargained, granted, 
 
 releafed and confirmed, or any part thereof, are is 
 
 can fhall or may be charged, impeached, incumbered 
 
 or affe&ed in title, eftute or otherwife howfoever. 
 
 . AND it is hereby declared and agreed by and be- 
 
 th" "uftee tween the faid parties to thefe prefents, That the faid 
 
 fhall Hand Rohert Williams, hjs heirs and afsiens, fhall fhnd 
 feifed of all the / / j c ., r \ r i i in 
 
 premifes re- ietied or the laid leveral manors or lordihips, or 
 leaied iubjea reputed manors or lordihips, advowfon, capital and 
 mortgage. other meffuages, f^irms, lands, tenements, heredita-* 
 ments, and premifes herein before refpectivcly men- 
 tioned, and intended to be hereby granted, releafed-, 
 y.nd confirmed, but as to the hereditaments included in 
 the faid mortgage (fubjet to the faid mortgage and to 
 the payment of the principal money and interest thereby 
 Upon the trusts fecured) UPON'THE TRUSTS, and to and for the 
 ' ntems an d purpofes, and with under and fubjecl to 
 the powers, provifoes, declarations, and agreeir.ents 
 hereinafter mentioned, expreffed, and declared of and 
 concerning the fame, that is to fay, UPON TRT'ST 
 
 " 
 

 
 APPENDIX OF PRECEDENTS. 42$ 
 
 to permit and fuffer the faid Thomas Lewls^ his heirs To permit 
 and afsigns, to receive and take the yearly and other ceh'e^the re^Tti 
 rents, iflues, and profits thereof to his and their own until teiault in 
 life and benefit, until fome default ftiall happen to be paym^rfaa- 
 
 c ,- i r J < mutlCS. 
 
 made or or in payment ot the laid icveral annuities or 
 yearly rent-charges or fums of 20O/. 2OO/. and 20O/. 
 fo granted to the laid 7 homas Bur ten, Edward Batten^ 
 and John Scott refpedively as aforefaid, or any of them, 
 or fome part or parts of the fame or any of them, at 
 or on the days or time?, and in manner iimked and 
 appointed for payment thereof refpeclively as afore- 
 faid. AND UPON FURTHLR TRUST, That in And ln ca fc of 
 cafe the faid feveral annuitte's-or yearly rent-charges or default by fi:;:y 
 iums of 200/. &c. or any of them, or any' part or fo^an^md 
 parts of the fame, or any cf them, fball happen to be puireiied ot 'the 
 behind or unpaid by the fpace of iixty days next over ^"^K^W^ 
 
 -. - /- i i f b > lu '- ri lire* i 
 
 or after any of tne (ad days or times of payment and of the 
 
 thereof! and whereon the fame refpectivelv are in and re: ' ts ia L h f * 
 ,.'.,, . , ' i . J mean waue. 
 
 by the (aid three leverul itxlentures, bearing even date 
 
 herewith, limited and appointed and ought to be paid 
 as aforefaid, then and in fuch cafe, aad whereon the 
 fame fhall happen, it tTiall and may be lawful to and 
 for the faid kobert l^illiam^ his heirs and afsigns, and 
 "he and they is and are hereby fully authoriieJ, required, 
 and empowered to fell and abfolutely difpofe of all and 
 every the faid feveral manors, &c. herein before men- 
 tioned, and intended to be hereby granted, releafed, 
 and conlinr;? :', either together or in parcels, and by 
 public fa'.e or pnvate contract, unto any perfon or 
 perfons wijumfr.ever ft:r the m-jll money or bed price 
 or prices trntt can be reafonably had or gotten for the 
 fame, and to execute ail fuch deeds, conveyances, and 
 aflurances of the faid i'everal ht-reditaments and pre- 
 mifes to the purchafer or purchasers thereof as fhall be 
 requiftte or necefiary for the completion of fuch fale or 
 fales, and to fbtid a;id be polTeiied of and interefred in 
 all and every the Turn and fums of money to arife and 
 be produced from the (hlt-'or fa'es herein before directed 
 to be m;tde, and of the nents, iflues, and pro<i:s of the 
 faid feveral heicditaments and premifes to arife and be- 
 come payable after the fame hereditaments and premifes 
 
 fail
 
 4 26 
 
 APPENDIX OF PRECEDENTS. 
 
 Upon trad in 
 the firft place 
 to retain e.x 
 
 peuces. 
 
 And as to the 
 money arifing 
 Jjy fale of pre- 
 mifes included 
 in the mort- 
 gage, to pay 
 thereout the 
 mortgage and 
 intereft, 
 
 And as to fnr- 
 pius of all the 
 ftates. 
 
 Upon truft to 
 pay the an- 
 nuities and 
 coils. 
 
 fhall become faleable until the fale or fales thereof 
 (hall be completed > UPON TRUST thereout in the 
 firft place to retain to and reimburfe himfelf and them- 
 felves all fuch cofts, charges, and expences as he ot 
 they fhall or may fuftain, expend, or be put unto in 
 and about the making and completing of fuch fale or 
 fales, or otherwife in the execution of the trufts hereby 
 in him and them repofed ; And after payment there- 
 of, as to the money arifing from the fale of the here- 
 ditaments and premifes included in the laid in part re- 
 cited mqrtgage, UPON TRUST thereout to pay to 
 
 the faid his executors, adminiftrators, and 
 
 affigns, the faid fum of i8,ooo/, fecured to him upon 
 or by virtue of the faid mortgage fecurity fo made to 
 him as atbrefaid, and all intereft which (hall have 
 accrued or become due for or on account thereof, and 
 fhall then remain due and owing and unpaid ; And as 
 to the furplus or refidue of the money arifing from the 
 fale of the hereditaments and premifes included in the 
 faid in part recited mortgage, after payment of the faid 
 cofts, charges, and expences, and the faid fum of 
 i8,ooo/. and the intereft thereof, and as to the fur- 
 plus of the money arifing from the fale of the other 
 hereditaments and premifes hereinbefore releafed, after 
 payment of the faid cofts, charges, and expences, 
 UPON TRUST by and out of the fame refpeftively 
 to pay to the faid Thomas Burton^ Edivard Batten, 
 and John Scott refpelively, their refpedtive executors, 
 adminiftrators, or affigns, fo much of their faid feveral 
 annuities or clear yearly fums of 2oo/. &c. refpeftive* 
 ly as at the time of completing fuch fale or fales 
 fhould happen to be in arrear and unpaid, and alfo al] 
 fuch fum and fums of money, lofs, cofts, charges, 
 damages, and expences (if any) as the faid Thomas 
 Burton^ &c. refpectively, their refpe&ive executors, 
 adminiftrators, or affigns, or any of them, fhall pay, 
 fuftain, expend, or be put unto for or by reafon or 
 means of the non-payment of the faid refpedtive an- 
 nuities or clear yearly fums of 200/. &c. or any of 
 them, or any part or parts of the fame, at or on the 
 clays and times, and in the manner in and by the faid 
 
 feveral
 
 APPENDIX OF PRECEDENTS. 4 2f 
 
 feveral indentures bearing even date herewith expref- 
 fed or appointed for the payment thereof, or otherwife 
 howfoever relating thereto. AND UPON FUR- Andtoinveft 
 THER TRUST to place out or invert the refidue of therefidnei* 
 
 . f , r - , - . r , i r i government 
 
 the money to ante by luch iale or lales, and of the fecurity at 
 
 rents, profits, and produce of the faid feveral manors, intere &- 
 &c. until fuch fale or fales thereof fhall be completed 
 in or upon government fecurities at intereft in the 
 name or names of him the faid Robert Williams, his 
 executors, adminiftrators, or afligns. AND FUR- And thereout, 
 THER, That he the faid Robert Williams, Irfc ex- *?&?*?* 
 
 j.. n i/r- niini r "*'' >* UUUI- 
 
 ecutors, admmiltrators, and amgns, ihall irand poi- ficient, to dif- 
 fefled of and interefted in the money fo to be placed j?[| of a fuf ~ 
 out or inverted, UPON TRUST by and out of the principal' to 
 intereft, dividends, and yearly proceeds thereof, and i^y the an- 
 if fuch yearly intereft, dividends, and proceeds fhall fam^lhall frooi 
 be inefficient, then in addition thereto by calling time to time 
 in and difpofmg from time to time of a fufficient part ^th^u any* 
 of the principal money fo to be inverted, or the ftocks, priority in pay- 
 funds, or fecurities for the fame, to pay unto the faid ment> 
 Thomas Burton, &c. refpeclively, their relpeclive ex- 
 ecutors, adminiftrators, or affigns, the faid feveral 
 annuities or yearly fums of 2oo/. &c. in and by the 
 faid three feveral indentures, bearing even date herewith, 
 granted and fecured co be paid to them refpedtively, as 
 and when the fame fhall grow due and become payable, 
 but without any preference or priority in payment. 
 AND UPON TRUST alfo by and out of the'money And to retain 
 fo to be placed out or inverted, and the intereft, divi-to himfelfaii 
 dends, and yearly proceeds thereof, to retain to him dent'to"!* 1 "" 
 the faid Robert Williams, his executors, adminiftra- truits. 
 tors, and afligns, all fuch cofts, charges, and expences 
 as he or they may fuftain or be put unto in the ex- 
 ecution of the trufts hereby repofed in him and them 
 refpedling the money herein before directed to be in- 
 verted or placed out at intereft, AND SUBJECT TO Aml fll ,, 
 THE TRUSTS herein before declared concerning thereto. 
 the money fo to be inverted or placed out at intereft 
 as herein before mentioned, the fame and the intereft 
 thereof, or fo much thereof as fhall not be applied in 
 fuch feveral trufts as are herein before there- 
 of
 
 APPENDIX OF PRECEDENTS. 
 
 In truft for the of declared, fhall be IN TRUST for the faid Tbomai 
 iIecHU>rs h &c Lewis, his executors, adminiftrators and afiigns, to 
 and for his and their own abfolute uie and benefit. 
 the ' PROVIDED ALWAYS, and it is hereby agreed 
 
 ceaTeofthe and declared by and between the faid .parties to thefe 
 forwhofe'lhTs prcfents, That after the deceafe of the furvivor or 
 the annuities longeft liver of the feveral perfons on whofe lives the 
 able? and ^ay- &' d t ^ iree levera l annuities or yearly iums of 2OO/. &c. 
 ment of ai'i are refpetively made payable as aforefaid, and full 
 ^!; e rvln^v" payment unto the faid Thomas Burton. &c. refpec- 
 
 any ana e>- vT ' , / n i i 
 
 rs, the lively, their reipective executors,^, admmiitrators or 
 releTfe" b o/ fo a && ns ? f tne ^^ feveral annuities, yearly rent- 
 much as fhou!d charges or fums of 23O/. &c. refpe&ivdy,. and ail 
 not he difjpofed arrears thereof rcfpedively, and fuch proportionable 
 truft?, ihnli be. parts thereof refpdtively, and payment of all cofts, 
 in truft for charges, damages and exper.ces a? aforefaid, the faid 
 
 ranpor, his c u j i 
 
 *>eirsamlnf- ieveral manors, &c. herein before mentioned, and m- 
 fi^ns, and be tended "to be hereby granted, releafed and confirmed, 
 
 conveyed as he /- \ \ r /. \ n 11 i r,- r j r 
 
 appoint, or ' niuch tncreor (n any) as luall not b& diipoied 01 
 under or in purfuance of the trufts herein before de- 
 c]ared or expreflfed, fhall be IN TRU.ST for the laid 
 Thomas Lewis^ his heirs and atfigns for ever, and be 
 conveyed and allured as he or they fhall direct or ap- 
 point, fubject only to the faid mortgage fo made to 
 the. faid - as aforefaid, in cafe the fame fhall 
 not have been paid off and difcharged Add declara- 
 tion that the \fale to be made Jhall be valid without 
 grantor ! s joining therein ; that the .receipt of the irufr 
 tee Jhall be a fufficient dijcharge to the purcbafer ; and 
 that trujlee /hail not be accountable for lofs without 
 wilful Vide Precedent No.. XXXI I <) AND the 
 faid Thomas Lewis for himfeif, his heirs, executors 
 i . antl adminiftrators, DOTH covenant, promife and 
 
 Jie > ,- i j-, , TT/-JI i 
 
 andhistruftee agree to and with the laid Robert Williams, his 
 tiveT ^(MxT ^ e ' is and affigns, by thefe prefents in manner foL 
 nglf to- convey lowing, (that is to fay) That (notwirhftanding any 
 free from in- a i deed, matter or thine whatever by the faid 
 
 eurnhrances ,. 7 . . /- 
 
 (except the luomas Lewis, or by any per tons whomloever, made, 
 done or committed, or wittingly or willingly fuffere4 
 to the contrary) the faid 'Jhomas Lewis and Thomas
 
 APPENDIX OF PRECEDENTS. 429 
 
 Morgan now have in themfelves, or one of them hath 
 in himfelf good right, full power, and lawful and 
 abfolute authority hy thefe prefents to convey and af- 
 fure the faid feveral manors, &c. herein before men- 
 tioned, and intended to be hereby granted, releafed, 
 and confirmed by them refpe&ively as aforefaid, with 
 their and every of their appurtenances, unto and to 
 the ufe of the faid Robert William^ his heirs and af- 
 figns for ever, fubje& and upon the trufts, and in 
 manner and form aforefaid, and according to the true 
 intent and meaning of thefe prefents, and that all and 
 fmgular the faid feveral manors, &c. herein before 
 mentioned, and intended to be hereby granted, releafed 
 and confirmed, {hall and may from time to time and 
 at all times hereafter remain, continue and be to the 
 ufe of the faid Robert Williams^ his heirs and affigns, 
 upon the trufts, and to and for the intents and pur- 
 pofes, and with under and fubjeir, the feveral powers, 
 nroVifoes, declarations, and agreements herein before 
 limited, expreffed, declared and contained of and 
 Concerning the fame, and fhail and may be ac- 
 cordingly peaceably had, held and enjoyed with- 
 out any lawful let, fuit, trouble, denial, eviction, 
 interruption, difturbance, claim and demand whatfo- 
 cver of or by him the faid 'Thvmas Lewis or his heirs, 
 or by any other perfon or perfons whomfoever (except 
 only the perfon or perfons claiming in refpect of the 
 faid mortgage fo made to the faid r- as afore- 
 faid, and in refpeft thereof only) and free and clear 
 and freely and clearly acquitted, exonerated and dif- 
 charged, or otherwife by him the faid Thomas Lewh^ 
 his heirs, executors or administrators, well and luf- 
 ficiently faved, defended, kept harmlefs, and indemni- 
 fied of from anu againft all and all manner of former and 
 other gifts, grants, bargains, files, leafes, mortgages, 
 jointures, dowers, titles of dower, ufes, truils, wills, 
 intails, rents and arrears of rent, ftatutes, recogni- 
 zances, judgments, extents, executions, eilatcs, titles, 
 charges and incumbrances whatfoever had, made, done, 
 committed, or wittingly or willingly fuffered by the 
 f>ud TJismas Lewis, his heirs or alligns, or any other 
 
 perfoa
 
 430 APPENDIX OF PRECEDENTS. 
 
 perfon or perfons whomfoever (fubject only to the faid 
 
 mortgage fo made to the laid as aforefaid.) 
 
 (Add covenant for further ajjurance ; that grantor will 
 
 join in the fale and conveyance to be made y and enter 
 
 into the ufual covenants to the purchafer \ and declaration 
 
 that his joining not ejfential. fade Precedent No. 
 
 Recital of deed, XXXII.) AND WHEREAS by indentures of leafe 
 
 whereby a term anc [ r eleafe bearing; date refpe&ively on or about the 
 
 of ^oo years in . r u i / 
 
 partofpremifes- and days of the releaie 
 
 j*areated. being of four parts, and made or exprefled to be made 
 between Robert Powel, Efq. of the firft part, Ann 
 Peuge, fpinfter, of the fecond part, Edward Horner, 
 Efq. and Martin Stevens, Efq. of the third part, and 
 "John Harvey, Efq, and Robert Hendy, Efq. of the 
 fourth part, being the fettlement made previous to the 
 marriage of the faid Robert Powell with the faid Ann 
 Penge, a certain term of 500 years, of in and affeS- 
 ing (among divers manors and other hereditaments) the 
 manor, mefiuage?, lands and hereditaments in E 
 herein before defcribed, and intended to be hereby 
 granted, relealed, and confirmed, was created and 
 limited to the laid "John Harvey and Robert Hendy, 
 their executors, adminiftrators and afiigns, to com- 
 mence from the deceale of him the faid Robert Powell 
 UPON TRUST for railing the fum of io,ooo/. for 
 the portions of the younger children of the faid mar- 
 And that by jiage. AND WHEREAS by divers mefne affign- 
 SjjSStttteiJWllfcj and particularly by indenture bearing date 
 .fame became the I ft day of March which was in the year of our 
 iee ft forfec a urUg -^ord J 79^> an( * ma ^e or exprefled to be made between 
 4000!. lent on the Right Honourable "John Lord S. and William 
 
 ro ? rt -f ? e . , n Sober of Efq. of the firft part, John Han- 
 
 which hasbeen r * - , r . n ir-i rn r c L 
 
 Jon of the lecond part, the laid Ihomas Lewis or the 
 
 t h| r d part, JPiliiam Sandle of Efq. of the 
 
 fourth part, and the faid "John Doivsr of the fifth part, 
 the faid manor or lordmip, &c. laft herein before 
 mentioned, and intended to be hereby granted and re- 
 leafed, became veiled in the faid John Dower for the 
 relidue of the faid term of 500 years, IN TRUST 
 for better fecuring the payment to the faid Williani 
 Sandle> his executors, administrators or afligns, of the 
 
 (am
 
 APPENDIX OF PRECEDENTS. 431 
 
 fum of 40oo/. and intereft, which fum of 4OOO/. and 
 intereft hath fince been fatisfied and difcharged and 
 lubjea: thereto, IN TRUST for the faid Thomas 
 Lewis, his heirs and afligns, and to attend the freehold 
 and inheritance of the fame pretnifes. AND WHERE- Recital of 
 AS it hath been agreed, That the faid manor, mefluages, JSSgJ* 1 
 &c. comprifed in the faid term of 500 years (hall be of term to truf. 
 affigned by the faid Jebn Dower to the faid James {, ttoft for 
 Miller , his executors, adminiftrators and afligns, for nuities. 2 
 all the refidue and remainder of the faid term of 500 
 years now to come and unexpired therein, upon the 
 trails hereinafter declared for better fecuring the pay- 
 ment of the faid feveral annuities of 200/. &c. and 
 fubjed thereto, IN TRUST to attend the freehold 
 and inheritance of the famepremifes in manner herein- 
 after mentioned. NOW THIS INDENTURE Affignmpnt 
 WITNESSETH, That in purfuance of the faid 
 agreement, and in confide ration of the fum of io/. of 
 lawful money of Great Britain by the faid Jama 
 Miller to the faid John Dower in hand, well and truly 
 paid at or before the fealing and delivery of thefe 
 prefents, the receipt whereof is hereby acknowledged, 
 he the faid John Dower (at the requeft and by the di- 
 rection of trie faid Thomas Lewis and Thomas Afar gait, 
 and at the nomination and appointment of the faid 
 Thomas Burton? Edward Batten, and John Scott, tefti- 
 fied by their feverally being parties to and executing 
 thefe prefents) HATH bargained, fold, affigned, 
 transferred and fet over, and by thefe prefents DOTH 
 bargain, &c. and the faid Thomas Lewis and Thomas 
 Morgan HAVE, and each of them HATH bargain- 
 ed, fold, afligned, transferred and fet over, ratified 
 and confirmed, and by thefe prefents DO, and each 
 of then DOTH bargain, &c. unto the faid James 
 Miller, his executors, adminiftrators and alligns, the 
 faid manor or lordfhip, &c. and all and fmgular other 
 the premifes laft herein before mentioned, and intend- 
 ed to be hereby granted, releafed and confirmed, and 
 fo vefted in the faid John Do^ver for the refidue of the 
 faid term of 500 years as aforefaid, with the appurte- 
 nances, and all the eftate, right, title, intereft, term 
 
 and
 
 432 APPENDIX OF PRECEDENTS 
 
 and terms for years yet to come and unexpired, truft, 
 poflefiion, property, poffibility, claim and demand 
 whatfoever, both at law and in equity, of him the 
 faid "John Dower of in or to the fame premifes, every 
 Hafcendvmfor O r anv part thereof, TO HAVE AND TO HOLD 
 
 Tenclue of term i / . a i 11 J r i ^.u 
 
 mtiuittoafsign t " e ' ai<J manor, &c. anct all and angular other the 
 the ianie;<s an- premifes herein before mentioned, and intended to be 
 . il hereby affigned, with the appurtenances, unto the faid 
 James Miller, his executors, adminittiators and af- 
 Jigns from henceforth for and during all the reft, reli- 
 due and remainder of the laid term of 500 years yet 
 to come and unexpired therein, IN TRUST toafsign 
 and di'lpofe of the fame as the faid Thomas Burton^ 
 Edward Batten and John Scott refpedtively, and their 
 refpeclive executors, administrators or afsigns, fhail, 
 conformably to the true intent and meaning of thefe 
 prelents, and the indentures of equal date herewith, 
 in the direct or appoint, and m the mean time IN TRUST 
 nui- for the faid Tkcmas Burton, &c. and their refpeftive 
 tants tor better executors, adminiftrators and affigns, for better fecuring 
 nuities S and - to > tnem refpeclively the payment of their refpe&ive an- 
 fubjeci'thereto. nuities of 2OO/. &c. and fubject thereto, IN TRUST 
 In trufl to at- to attend the reverfion, freehold and inheritance of 
 tend the in- t h e fame premifes according totheufes, trufts, charges, 
 or eftates declared of or fubfirting in the fame premifes 
 by virtue of or under thefe prefents, or the indentures 
 of equal date herewith, fo that the fame may wait 
 upon arid attend the faid ufes, trufts, charges or eftates, 
 fo as to be fubfervient thereto, and to protedt the fame 
 from all mefne charges and incumbrances (if any fuch 
 SdTor'o/ 10111 tllere be )' ANO the faid John Dower DOTH hereby 
 terrriThat'he for himfelf, his heirs, executors and adminiftrators, 
 haddone no covenant and declare to and with the faid James Miller, 
 cumber. n ' s executors, adminiftrators, and afligns, that he the 
 
 laid John Dower hath not done or committed, or wit- 
 tingly or willingly iuffered, or been party or privy to 
 the doing of any acl:, matter or thing whatfoever 
 whereby or wherewith^ or by reafon or means where- 
 of the iaid manors, &c. herein before mentioned, and 
 intended to be hereby afligned, or the faid term of 
 500 years therein, or any part thereof refpedlively, 
 
 are
 
 APPENDIX OF PRECEDENTS. 433 
 
 are is can or lhall be furrendered, forfeited, avoided, 
 impeached, charged, afsigned, incumbered or affected 
 in title, eftate, or otherwife howfoever. In witnefs, &c. 
 
 No. XXXV. 
 
 GRANT O/'ANNUITY for three Lives, charged 
 upon Premifes demifed to a Truftee for 500 
 Years in Trujl for fecuring the fame ; and an 
 Appointment of a Receiver of the Rents ; and 
 a Claufe for appointing another Receiver in 
 Cafe of his Death or Removal', and a Decla- 
 ration of the Tr lifts of an outftandingTerm. 
 Redeemable *. 
 
 THIS INDENTURE made,&c. between the Right 
 
 Honourable G" B of the firft part; William 
 
 Thompson, of of the fecond part ; Walter Hallam y Parties - 
 
 of- of the third part; John North, of' 
 
 of the fourth part; and Robert White, of 
 
 of the fifth part. WHEREAS the faid G B Recital that 
 
 is and Hands feifed to him and his heirs in fee fimple of f^ a f gg ris feifed 
 and in the manor, capital and other mefluages, lands, 
 
 hereditaments, and premifes, lying and being in 
 
 in the county of Middlefex, and hereinafter particu- 
 larly mentioned and defcribed, and intended to be 
 hereby granted and demifed. (Recite the contract for 
 the annuity, bond, and warrant of attorney}. NOW Confideration. 
 THIS INDENTURE WITNESSETH, That in 
 purfuance of the faid agreement, and in confideration 
 of the fum of i8oo/. of lawful money of Great Bri- 
 tain, to the faid G B in hand, well and truly 
 
 paid by the faid Walter Hallam^ at or before thefealing 
 and delivery of thefe prefents, the receipt and pay- 
 ment whereof the faid G B DOTH hereby ac- 
 
 * A memorial of this deed does not require to be inrolled, the eftate 
 being freehold and of greater yearly value than the annuity, and as 
 iuch excepted by the Sth fedtion of theadt. 
 
 F V knowledge,
 
 434 APPENDIX OF PRECEDENTS. 
 
 knowledge, and thereof and of and from the fameancj 
 every part thereof DOTH acquit, releafe, and for 
 ever discharge the faid Waiter Haliam^ his executors, 
 adminillrators and affigns, by thefe prefents, he the 
 
 Grant of annu- faid G B HATH given, granted, bargained, 
 
 itytobeiilu- foi d and confirmed, and by thefe prefents DOTH 
 
 ing out of the . 3 , ' . . T ,J . r _ T. 
 
 manor, &c. for give, &c. unto the laid waiter rlallam, hts execu- 
 three lives. tors, adminiftrators and afiigns, for and during the 
 natural lives of them the faid A. B. C. D. and E. F. 
 and the life of the furvivor of them, one annuity, or 
 clear yearly rent-charge or fum of 2oo/. of lawful, 
 Sec. to be charged and chargeable upon and to be ifluing 
 and payable, had and taken by and out of ALL that 
 
 the manor, or reputed manor of in the county 
 
 of Middlesex, &c. ( State the parcels andgeneralivords. ) 
 TO HAVE, HOLD, receive, take, and enjoy the 
 faid annuity, &c. (With powers of diftrefs and entry , 
 Free. No. 'XXXI.} AND THIS INDENTURE 
 FURTHER WITNESSETH,That for the confide- 
 Demife />f pre- rations aforefaid, (DcmifcoftbepremiftstoRobert White 
 mifes to a truf- fir a term of 20O years upon truft for raifing annuity^ 
 ye'rtup Precedent No. XXXL) PROVIDED ALWAYS, 
 truft to rait'e and it is hereby agreed and declared by and be- 
 aadpayanmj- . tween tne f a jd parties to thefe prefents, That after 
 Provifofor the deceafe of the furvivor of them the faid A. B. 
 ^X'^Li^D. and/. F. and full payment unto the faid 
 the furvivor of Walter Haham^ his executors, adminurrators, and 
 the hves, and a f^or ns o f t ne f a :^ annuity, annual rent charge, or 
 paymencot all 12} P" ' . \. ] f \ i r r /- i / 
 
 .soft?, &g. ium or 2OO/. up to the day or the deceafe or (uch fur- 
 vivor of them the faid A. B. C. D. and E. F. and 
 payment of all fuch coils, charges, damages, and ex- 
 pences as aforefaid, or upon the repurchafe of the 
 faid annuity or yearly rent-charge upon the terms 
 and conditions hereinafter expreffed, the faid term 
 of 200 years, or fo much thereof as fhall not be dif- 
 pofed of under or in purfuance of the trufts herein be- 
 fore declared or exprefiecJ, fhall ceafe, determine and 
 lie void, (but without prejudice to any fale, mortgage, 
 
 BUt Wit D OUI r - i i n 11 i i i ,- ii 
 
 prejudice to any or Qilpoiition, which ihall have been made of all or 
 w 1 hicha t li 2S&or any part of the premifes comprifed in the fame 
 have been term, for all or any of the purpofes herein before men^ 
 nude of t)v pwnifes io purfuance of the before mentioned trufts. tioned,
 
 APPENDIX OF PRECEDENTS. 
 
 tioned, in purfuance of the truft herein before declared 
 Concerning the fame term). AND WHEREAS the Recital that 
 laid John ^North is receiver of the rents of the eftate of John North w 
 
 the faid G B NOW THIS INDENTURE 
 
 WITNESSETH, That for the confederations afore- 
 faid, andfor the further and better fecuring the due and 
 regular payment of the faid annuity, or yearly fum 
 
 of 2OO/. he the faid G- B doth hereby direct and Direftion from 
 
 authorife the faid John North^ and all other perfon or grantor to re- 
 perfons who may hereafter be appointed a receiver or annuiV^uujf 
 receivers of the rents of his eftates from time to time the rents, 
 out of the rents and profits of the faid premifes herein 
 before mentioned and demifed, and hereby charged 
 with the payment of the faid annuity, or yearly rent- 
 charge of 2OO/. or intended fo to be, to pay the fame 
 annuity, or yearly rent-charge, as the fame lhall be- 
 come payable, unto him the faid Walter Hal/am, his 
 executors^ adminiftrators and afligns, at and in the 
 place and on the days and times hereinbefore appoint- 
 ed for payment thereof. AND he the faid G B " , . ,. 
 
 -r/-\TTT L i i ' T^I Andthatthe 
 
 D(J 1 H hereby declare, 1 hat the receipt or receipts grantees receipt 
 
 of the faid Walter Hallam, his executors, adminiftra- li i ial * b ?.[ u f- R ' 
 
 tors and afligns) fhall from time to time be a good f t the fame.' 8 * 
 
 and effe&ual dilcharge, and good and effectual dif- 
 
 eharges to the faid John North^ or fuch other perfon 
 
 or perfons, for fo much monies as in fuch receipt (hall 
 
 be exprefled to be received. AND the faid John North 
 
 DOTH hereby for himfelf, his heirs, executors and covenant from 
 
 adminiftrators, covenant, promife, and declare to and receiver to pay 
 
 with the faid G B and alfo to and with the ?,X UI: df 
 
 faid Walter Hallam y and each of them, and the execu- 
 tors, adminiftrators and afligns, of them and each of 
 them, That he the faid John North ihall and will 
 pay, apply, and difpofe of the faid rents, iflues, and pro- 
 fits, or a furficient part thereof, as and when the fame 
 ibali be received by and come to his hands, upon 
 the trufts,and to and for the intents and purpofes, and in 
 manner herein before mentioned. (ddd covenant thai 
 grantor is feifed in fee, and hath full power to charge 
 the premifis with the annuity, and to demife the fame 
 upon the trujh aforefaid ; and in default of payment of 
 F F a *nnutty 9
 
 APPENDIX OF PRECEDENTS. 
 
 grantee. 
 
 Annuity^ for truftee peaceably to enter and receive the rent 'j, 
 upcn the trufts aforefaid^ and for Jurther ajfaranet.) 
 from AND MOREOV ER, That he the faid G - B - 
 
 grantor that he his heirs or afliens, (hall not nor will at any time 
 will not revoke , ,- *" i_ \. r ji 
 
 the appoint- or times hereafter, without the content and approba- 
 
 mentof there- tion of the faid Walter Hallam, his executors, admi- 
 niftrators or afligns, in writing, for that purpofe fir ft 
 had and obtained, revoke, alter, fruftrate, annul or 
 make void the appointment of him the faid John 
 Nsrtb to be receiver of the aforefaid rents and profits, 
 nor the directions or authorities herein before given or 
 granted to the faid Jihn North , or do or fuffer to be 
 done any matter or thing whereby the faid directions, 
 powers, or authorities, or any of them, fhall or may 
 be rendered void or of no effect, and fhall not nor 
 will impede, hinder, or obftru<St him the faid John 
 JV&rftfr, or any future receiver to be appointed as 
 hereinafter is mentioned, in paying or applying in 
 diftharge of the faid annuity, purfuant to the aforefaid 
 direction?, the rents, ifiues, and profitsof the premifes, 
 And that in orany of them, or any part thereof. AND ALSO, That 
 cafethenrefent j n ca( - e t ^ e fad j g fr n jVV/ fhall happen todie, or fhall 
 receiver dies, or f r n i / j /u- j ^u i- 
 
 refutes to act refute to act in the laid receiverlhip, during the Jives 
 
 during the lives of the faid A B. C. D. and E. F. and the life of 
 e l ^ e furvivor of them, he the faid G - B- fhall and 
 
 will nominate and appoint another receiver, at the 
 cofts > charges, and rifque of tht faid G --- B -- 
 
 ies,gantor 
 
 ppoint 
 
 covenants. 
 
 and rifque, his executors, adminillrators or afligns, who ihall en- 
 ter into the like covenants for the payment of the faid 
 annuity, or yearly rent-charge, as are herein contain- 
 ed on the part of the faid John North^ and fo from 
 time to time during the lives of the faid A. B. C. D. 
 and E. F. and the life of the furvivor of them, as 
 Provifbthatin o'ccafion fhall require. PROVIDED ALWAYS, and 
 cafe grantor re- it is hereby agreed, That if the faid G -- B -- fhall 
 nate fucn fu-' ne g' e & or refufe to nominate and appoint fuch future 
 receiver or receivers, then and in fuch cafe, and fo 
 
 o f ten as t fa ij ke ca{e flj a |l happen, it ihall and may be 
 , - . . . . . ' *, ' rr ., , . J 
 
 lawful to and for the faid Walter kiallam, his execu^ 
 
 tors, adminiftrators and afsigns, but at the fole rifque 
 of the faid G - B - his executors and ad- 
 
 miniftrators, 
 
 ture receiver, 
 grantee to ap - 
 point one.
 
 APPENDIX OF PRECEDENTS. 437 
 
 miniftrators, to appoint fome fit perfon or perfons to 
 
 collect the faid rents, iiTues, and profits, upon the 
 
 trufts aforefaid AND LASTLY it is hereby Declaration b 
 
 agreed and declared by and between all the laid parties tru.tee an 
 
 to thefe prefents, and particularly the faid G 'B B S? utft ^H I I' 
 
 rv/^vT^TT i i_ j- n. J .v. term that he 
 
 JLKJ I H hereby a^ree, declare and direct, and the wi'litand pof. 
 
 faid William Tbempfan DOTH hereby aeree, That a feffed thereof 
 ,. f<f / L r j intruftforfe- 
 
 certain term or 1000 years, compnhng the lam manor, cur i n g annuity. 
 
 capital and other mefluages, lands, tenements, heredita- 
 ments, and premifes, herein before mentioned and de- 
 fcribed, and intended to be hereby demifed, created in 
 and by the laft will and teilament of the Right Ho- 
 nourable G B deceafed, and now vefted in the 
 
 faid William Thompfon, IN TRUST to attend the 
 inheritance of the faid premifes, (hall henceforth with 
 refpecl to the fame premifes be, and that he the faid 
 William Thompfon, his executors, ad miniftrators and 
 afsigns, (hall henceforth, during the remainder now to 
 come of the faid term, (land pofiefled thereof IN 
 TRUST for the faid Walter Hallam, his executors, 
 administrators and afsigns, for better fecuring to him 
 and them the payment of the faid annuity, or yearly 
 rent of 200/. herein before granted to him and them 
 as aforefaid, and for that purpofe to be difpofed of as 
 he or they (hall direct or appoint, and fubjecl thereto; 
 IN TRUST to attend the reverfion, freehold and in- 
 heritance of the fame premifes, in order to protect the 
 fame from all mefne charges and incumbrances. (Add 
 defeasance on judgment^ and clause for redemption.') 
 In witnefs, &c. 
 
 r F 3 No,
 
 43 APPENDIX OF PRECEDENTS. 
 
 No. XXXVI. 
 
 GRANT of an ANNUITY to Two as Tenants in 
 Common, for the Lives of Two Nominees, 
 fecured by a Demife of a Share of a Freehold 
 EJtate, of which the Grantor is feifed in Fee; 
 and by an Alignment of a Share of Accu- 
 mulations of the Rents of fuch Ejiate, to, 
 which the Grantor is abfolutdy entitled', 
 with a Claufe of Redemption on Payment of 
 Half a Year^ Annuity *. 
 
 THIS INDENTURE of three parts, made, &c. % 
 Parties. between Ann Teel, of, &c. fpinfter, of the firft p-art ; 
 
 "John Scott, of, &c. Gent, and James Matt, of, &c. 
 
 Gent, of the fecond part ; and Richard Oram, of, &c. 
 Recital of a of the th:rd part. WHEREAS 'Mary Bell, late of, 
 
 will, whereby 3^ w jd O w deceafed, duly made and published her 
 
 the grantor be- . _ ... . n '.-'.. i j 
 
 came mtitied to lair will and teitament in writing, bearing date on or 
 
 herfha e of the about the day of which was in the 
 
 of the remTof year of our Lord and fufficiently attefted for 
 arealeftate, pafsing eftates of inheritance, and thereby, after ra- 
 fhareinthe 16 tifying and confirming the fettlement (he made on her 
 fame eftate at daughter Mary Slater, on her marriage with the Rev. 
 the age of . Mn Tij 0mas pi n f ld Slater, gave and demifed to Cle- 
 ment Bell, of, &c. and Edward Pompey, of, &c. their 
 heirs and afsigns, as well all her mefluages, lands, te- 
 nements, and hereditaments, freehold and copyhold, 
 
 fituate at and in the counties of 
 
 and at . in the county of 
 
 which copyhold premifes fhe had furrendered to the 
 
 * The grantor's fhare in the freehold eftates conveyed being great 
 er than the annuity, this deed need not be memorialized. 
 
 ufe
 
 APPENDIX OF PRECEDENTS. 439. 
 
 ufe of her will, and alfo all her right and intereft in- 
 the faid freehold and copyhold premifes which were. 
 refpelively the eftates of her late hufband, Humphrey 
 Bill) deceafed ; as alfo her moiety or half part of the 
 
 manor of in the county of or 
 
 by whatfoever other name the fame is called or known ; 
 and her moiety or half part of all thofe meftuages, 
 
 Jands, tenements and hereditaments, fituate at 
 
 and in the county of - which were 
 
 late the eftate alfo of her faid hufband, (the other 
 moiety or half part of which faid manor, and of the 
 laid mefTuages, lands,^ tenements and premifes laft 
 mentioned, as being reflectively part of the eftate of 
 tier faid laft hufband, had (among other things) been 
 fettled by her lince his death on her faid daughter 
 Mary S ' later , on her marriage as aforefaid j TO 
 HOLD the fame unto and to the ufe of the faid 
 Clement Bell and Edward Pompcy^ their heirs and af- 
 figns UPON TRUST, to lay out and invert the 
 rents, ifTues, and profits of the fame premifes upon 
 government Securities, and from time to time to pay 
 and apply the dividends, intereft, and yearly produce 
 thereof, or of fuch part or parts thereof, as to the faid 
 truftees for the time being ihould feem meet, for or to- 
 wards the maintenance and education of all and every 
 the children of her faid daughter Ann* wife of Johit 
 Tee!) of, &c, until fuch of them as fhould be a fon or 
 fons mould attain his or their ages of 21 years, and 
 until fuch of them as fhould be a daughter or daughters 
 fhould attain that age or marry, which fhould firft 
 happen ; And from and after fuch fon or fons attaining 
 his or their age or ages of 21 years as aforefaid, or 
 fuch daughter or daughters attaining her or their age or 
 ages of 21 years, or marrying as aforefaid, UPON 
 FURTHER TRUST to transfer and make over to 
 the faid child or children, for his, her, and their own 
 ufe and benefit, the capital of the money fo to be in- 
 verted and laid out as aforefaid, if more than one fuch 
 child, equally between or among them fhare and 
 fhare alike, with claufe of furvivorfhip between fqch 
 Children in the event of any of them being a fon dying 
 F F 4 under
 
 44* APPENDIX OF PRECEDENTS. 
 
 under the age of 21, or being a daughter under that 
 age, and before (he (hould have been married, to con- 
 vey all the faid meffuages, lands, hereditaments, and 
 premifes thereby devifed, unto fuch of the faid child 
 and children who fhould live to be entitled to fuch 
 transfer made as aforefaid, his, her, and their heirs 
 and affigns, if more than one as tenants in common, 
 and not as joint tenants with crofs remainders between 
 and amongthem ; And in cafe of one fuch child only, the 
 whole to fuch only child, his and her heirs and affigns 
 for ever, with remainder over as in the faid will ex- 
 Death of tefta. preffed. AND WHEREAS the faid Mary Bell foon 
 afterwards departed this life, and fhortly after her de- 
 ceafe the faid Clement Bell and Edward Pompey duly 
 proved the faid will in the Prerogative Court of the 
 A rchbifhop of Canterbury, and took Opon themfelves 
 t>c Hurthen of the execution thereof. AND WHERE- 
 AS the faid Ann Teel hath fince departed this life, 
 leaving the faid Ann Teel party hereto, John Teel 
 and Sarah Teel, her only children, her furviving and 
 And that gran- now Hving. AND WHEREAS the faid AnnTeel^ 
 tor has attained party hereto, hath lately attained her age of 21 years, 
 xvhe^eby "' whereby (he is become entitled, under and by virtue of 
 fhe is become the faid recited will, to one third part of the faid free- 
 b n eqSftIi?the hold and copyhold eftates, devifed and bequeathed by 
 will. the fame will, to or in truft for the child and children 
 
 Recital of con- f the faid ' Am Teel deceafed ' AND WHEREAS 
 tr*<a for anru- the faid John Scott and James Mott have contracted and 
 
 it-/ for two lives, agreed vvith the faid Ann Teel for the abfolute purchafe, 
 and thefurvi- . f , 
 
 ror to two as tenants in common, of one annuity or clear yearly 
 
 grantees as te- rent-charge or fum of 5O/. for and during; the natural 
 jams m com- j. yeg Qf thg fe j d ^ ^ an( j the fajd jfa ^ an j 
 
 the life of the furvivor or longer liver of them. AND 
 And that the WHEREAS it was agreed upon the treaty for the pur- 
 fSSe^by^he* dlafe of the faid annuity, or yearly rent-charge. That the 
 bond and judg- fame fhould be fecured by the bond or obligation of the 
 tor n and mould ^ d ^" n ^ ee ^ and a judgment to be entered up thereon 
 be charged and upon the part or fhare, right, and intereft, whe- 
 uponhcrinte. ther prefent or contingent, of her the faid Ann Teel^ 
 
 reft under the /- * ^-r^ii. iin 
 
 teftatrix's will, or m and to the faid freehold and copyhold eitates 
 
 fo 

 
 APPENDIX OF PRECEDENTS. 441 
 
 fo givert and devifed to or IN TRUST for her in and 
 by the faid recited will of the faid Mary /W/ deceafed ; 
 And alfo upon the part or (hare of her the faid Ann 
 Teel, of in and to the accumulations which have 
 arifen from the rents and profits of the faid feveral 
 eftates during the minority of the faid Ann Teel\ And 
 alfo all other her right anJ interelt which (he now has 
 under the faid recited will of the faid Mary Bill. 
 (Recite the bond and warrant of attorney, only adding 
 after the names yohn Scott and James Mitt, u as te- 
 nants in common."} WOW THIS INDENTURE Grantor amw. 
 WITNESSETH,That in further purfuance of the faid jj* t t f beiffuil * 
 agreement, and in confideration of the fum of 4OO/. of ihare of cftates! 
 lawful, &c. by the faid John Scott and James Mott in 
 equal {hares and proportions to the faid Ann Teel in 
 hand, well and truly paid at or before the feaiing and 
 delivery of thefe prefents, the receipt of which faid 
 fum of 4OO/. (be the faid Ann Teel doth hereby ac- 
 knowledge, and thereof and of and from the fame, 
 and every part thereof, doth acquit, releafe, and for 
 
 ever difcharge the faid John Scott and James Mott y 
 their executors, adminiftrators and affigns, and every 
 of them by thefe prefents, (lie the faid Ann Teel 
 HATH given, granted, bargained, fold, and con* 
 firmed, and by thefe prefenrs DOTH give, &c. unto 
 the faid John Scott and James Mott, as tenants in 
 common, their refpecYive executors, adminiftrators 
 and affigns, for and during the natural lives of them 
 the faid Ann Teel and John Ted, and the life of the 
 furvivor or longer liver of them, one annuity, or 
 clear yearly rem-charge of 50/. of lawful, &c. to be 
 ifluing, payable, going out of, had, received, and 
 taken by them the faid John Scott and James Mott, as 
 tenants in common, their refpedtivc executors, admi- 
 nittrators and affigns, by and out of and Irom ALL 
 that the third part or {hare of her the faid jinn Teel y 
 of in and to the faid freehold and copyhold eftates, 
 and the accumulations of the fame which have arifen 
 during the minority of her the faid Ann TV .7, given, 
 deviled, and bequeathed to or IN TRUST for her 
 the faid Ann Teel, in and by the faid recited will of the 
 
 laid
 
 44* 
 
 APPENDIX OF PRECEDENTS. 
 
 Habenilum to 
 grantees as tc- 
 n.uits in com- 
 mon. 
 
 faid Mary Bell deceafed, with their and every of their 
 appurtenances, TO HAVE AND TO HOLD, 
 receive, take, and enjoy the faid annuity, or clear 
 yearly rent-charge or fum of 5O/. hereby given, 
 granted, and confirmed, or expreffed and intended fo 
 to be, and every part thereof, unto the faid 'John Scott 
 and James Mott^ as tenants in common, their refpec- 
 tive executors, admin iftrators and afligns from 
 henceforth, for and during the natural lives of them 
 the faid Ann Teel and John Teel^ and the life of the 
 furvivor or longer liver of them, and up to the day of 
 the deceafe of fuch furvivor, by four equal quarterly 
 payments, on the feveral days following, that is to fay, 
 
 the day of , &c. together with fuchpro-r 
 
 portionable part of the faid annuity, or yearly rent- 
 charge for the time which at the deceafe of the furvivor 
 of them the faid Ann Teel and John Teel fhall have 
 eiapfed of the quarterly payment of the faid annuity, 
 growing due at the time of the deceafe of fuch furvivor, 
 as in the condition to the faid herein before in part re- 
 cited bond or obligation is mentioned, the faid annuity 
 or yearly rent-charge of 5O/. to be fo paid and payable 
 to the faid John Scott and James Matt, as tenants in 
 common, their refpe&ive executors, adminiftrators 
 and afligns, at or in the Common dining-hall of Lin-, 
 coln's-Inn^ in the county of Middlefex, free and clear 
 of and without any deduction or abatement whatfo- 
 ever out of the fame, or any part thereof, for or in 
 refpecl of any taxes, charges, afleflments, payments, 
 or other impofitions whatfoever, taxed, charged, aft 
 fefied or impofed, or to be taxed, charged, aflefied 
 or impofed upon the faid freehold and copyhold 
 eftates, accumulations, and premifes hereby charged 
 therewith, or any of them, or any part thereof, or on 
 the faid annuity or yearly rent-charge of 50/. or any 
 part thereof, or upon the faid John Scott and James 
 Mott, their executors, adminiftrators or aifigns, in 
 refpedl thereof by authority of parliament, or other- 
 wife howfoever; And the firft of the faid quarterly 
 paymcnts of the faid annuity or yearly rent-charge of 
 
 59/,
 
 APPENDIX OF PRECEDENTS. 
 
 44 3 
 
 $0/. hereby granted, to begin and be made on the . 
 
 day of next enfuing the date of thefe prefents, 
 
 and fuch proportionable part to be paid immediately 
 after the deceafe of the furvivor of them the faid Ann 
 Teel and John Teel. (Add powers sf diftrefs and entry, 
 and covenant to pay annuity.] AND THIS JNDFN-^ - f , 
 TURE FURTHER WITNESSETH, That for the Sstoa JSt 
 confiderations aforefaid, and for the further and be'tcer tcs &* *** 
 fecuring and enforcing the due payment of the faid term 0^99 * 
 annuity or clear yearly rent-charge or fum of 5o/. y ears > if nol *M- 
 Jiereby granted as aforefaid, and aifo in confideracion "fng iiv^upon 
 of the fum of 105. of lawful, &c. by the laid R icbard the trufts after 
 Gram to the faid Ann Teel in hand, well and truly paid mentlone<i - 
 at or before the fealing and delivery of thefe preients, 
 (the receipt whereof is hereby ackoowledged) ihe the 
 faid Ann Teel (at the nomination and by the direction 
 of the faid John Scott and James Mott, Uftiiied by 
 their being parties to and executing thefe prefents; 
 HATH granted, bargained, fold, and demifed, and 
 by thefe prefents DOTH grant, &c. unto the faid 
 'Richard Oram, his executors, admin iftrators and 
 affigns, ALL and fmgular the faid third part or fhare 
 of her the faid Ann Teel of in and to the faid free- 
 hold and copyhold mefTuages, lands, tenements, here- 
 ditaments, and real eftate, hereby charged or men- 
 tioned, or intended to be charged with the payment of 
 the faid annuity or yearly rent-charge of 5O/. with 
 their and every of their appurtenances, TO HAVE 
 AND TO HOLD all and fmgular the faid premifes 
 hereby granted, bargained, fold, and demifed or 
 mentioned, or intended fo be, with their and every of 
 their appurtenances, unto the faici Richard Qram, his 
 executors, adminiftrators and affigns, for and during 
 and unto the full end and term of qq years h nce- 
 forthnext enfuing, and fully to be complete and ended 
 if they the faid Ann Teel and 'ohn I eel, or the furvi- 
 vor of them fhould fo long live, upon the feveral trufts 
 and to and for the ends, intents, and purpofes, and 
 under and fubjel to the powers, provifoes, declara- 
 tions, and agreements hereinafter exprefied and de- 
 clared
 
 444 APPENDIX OF PRECEDENTS. 
 
 Alignment of clared of and concerning the fame. AND THIS IN- 
 "famelXee, DENTURE ALSO WI I NESSETH, That for the 
 upon the truiU confiderations aforefaid, (he the faid Ann Teel (at the 
 lioned^' l^e nomination and appointment of the faid 'iobn 
 
 Scott and James Mot', teftified as aforefaid) HATH 
 bargained, fold, afligned, transferred, and fet over, 
 and by thefe prefents DOTH, &c. unto the faid 
 Richard Oram, his executors, adminiftrators and af- 
 figns, ALL and every the third part or (hare of her the 
 faid Ann 'feel of and in the accumulations which 
 have arifen fince the deceafe of the faid A-.'ary } ell 
 from the rents, iffues, and profits of the faid freehold 
 and copyhold eftates, manors and premifes, and all other 
 fum and fums of money which the faid Ann 'i eel now is 
 or (hall or may hereafter be intirled unto, under and by 
 virtue of the faid will of the faid Mary Lei as aforefaid ; 
 And all the right, title, intereft, property, claim, and de- 
 mand whatfoever, as well legal as equitable of the faid 
 Ann Te&l of in to or out of the fame, every or any 
 part thereof, TO HAVE, HOLD, receive, perceive, 
 take, and enjoy the faid accumulations, intereft, divi- 
 dends, and annual produce and premifes herein be- 
 fore mentioned, and intended to be hereby afligned unto 
 the faid Richard Oram^ his executors, adminiftrators 
 and afligns, UPON THE TRUSTS, and to and for 
 the intents and purpofes, and under and fubjccl to the 
 powers, provifoes> declarations, and agreements here- 
 after mentioned, exprefled, and declared of and con- 
 Declaration of cerning the fame. AND it is hereby agreed and de- 
 
 the trufts of dared by and between the faid parties to thefe prefents. 
 
 demile and , ' < i r> 7 is*. i 
 
 afsignment. That he the faid Richard Uram, his executors, admir- 
 
 niftrators and affigns, mail ftand and be pofiefled of 
 and interefted in the faid feveral premifes herein before 
 mentioned and intended to be hereby demifed, and 
 of the faid accumulations, intereft, dividends, and an- 
 nual produce, and all and fmgular other the premifes 
 herein before mentioned and intended to be hereby 
 affigned, UPON THE TRUSTS, andto and for the 
 intents and purpofes, and with under and fubjecl to 
 the powers, provifoes, declarations, and agreements 
 hereinafter mentioned, exprefled, and declared of 
 4 and
 
 APPENDIX OF PRECEDENTS. 
 
 and concerning the fame, (that is to fay) UPON upon truft for 
 TRUST to permit and fuffer the faid Ann Teel and ^curing an- 
 her affigns to receive and take the faid rents, ifiues, nuuy> 
 and profits of the faid premifes herein before men- 
 tioned and intended to be hereby demifed } And alfo 
 the faid accumulations, intereft, dividends, and annual 
 produce, fum and fums of money herein before men- 
 tioned, and intended to be hereby affigned to her and 
 their own ufe and benefit, until fome default mall 
 happen to be made of or in payment of the faid an- 
 nuity, yearly rent-charge, or fum of 50.. hereby granted, 
 or fome part thereof, at or on the days or tim.s and in. 
 manner herein before limited and appointed for the 
 payment thereof as aforefaid. AND UPON FUR- 
 M HER TRUS F, That in cafe the faid annuity, or 
 yearly rent-charge, or fum of 50'. or any part thereof, 
 ihall happen to be behind and unpaid by the fpace of 
 forty days next, over or after any of the faid days or 
 times of payment thereof, whereon the fame is herein 
 before limited and appointed and ought to be paid as 
 aforefaid (being lawfully demanded) then and fo often 
 the faid Richard Gram, his executors, adminiftrators 
 and affigns, fliall from time to time, by and out of the 
 laid accumulations, intereft, dividends, annual pro- 
 duce, and fum and fums of money herein before men- 
 tioned, and intended to be hereby afligned, and by and 
 out of the rents, iilues, and profits of the premifes 
 herein before mentioned and intended to be hereby de- 
 mifed, or by leafing or mortgaging the fame pre- 
 mifes for all or any part of the faid term of 99 years, 
 determinable as herein before mentioned, or by fuch other 
 ways and means as to him the faid Richard Qram, his 
 executors, adminiftrators or affigns, (hall feem meet, 
 raife and levy fuch fum and fums of money as will be 
 fufficient to pay and fatisfy the faid annuity, or clear 
 yearly fum of 50'. or fo much thereof as (hall from 
 time to time happen to be in arrear and unpaid; And 
 alfo all fuch fum and fums of money, lofs, cofts, 
 charges, damages, and expences (if any) as the laid 
 John Scott and Janes Mott and the faid A if hard Oram, 
 or any or either of them, theijr or either of their ex- 
 ecutors,
 
 44(5 APPENDIX OF PRECEDENTS. 
 
 ecufors, administrators or afligns, fhall pay, fuftain, 
 pend, or be put unto, for or by reafon or means of th 
 non-payment of the f;iid annuity, or clear yearly fum of 
 50 .or any part thereof, at or on the days and times and 
 in the manner herein before exprgfled or appointed for 
 the payment of the fame, or the performance of the 
 trufts hereby declared or expreiled of and concerning 
 the faid premifes herein before mentioned, and intended 
 to be hereby demifed and afligned reflectively, of 
 the taking pofieflion collecting and receiving the faid 
 rents, iflucs, and profits, accumulations, intereft, di- 
 vidends, annual produce, fum and lums of money, of 
 otherwife howfoever relating thereto, and do and fhall 
 pay and apply the monies fo to be raifed and levied 
 in or towards payment or fatisfaction thereof accord- 
 ingly, and do and fhall pay to of otherwife permit and 
 fufFer the faid Ann Tee , her heirs, executors, adminiftra- 
 tors and affjgns, from time to time to receive and take 
 the refidue and overplus of the rents, iflues, and profits 
 of the faid hereby demifed premifes, and alfo the 
 faid accumulations, intereil, dividends, annual pro- 
 duce, and fum and fums of money hereby afligned, 
 after full payment and fatisfaction of the faid annuity, 
 or yearly rent-charge of 50'. and all arrears thereof, 
 and all fuch cofts, charges, damages, and expences as 
 aforefaid, to her and their own proper uie and benefit* 
 (Add fo'djcr of attorney to receive th, accumulations, in- 
 /, dividends, annual prohid, fu?n and j urns r,f money ^ 
 of the executors under the will) as in Precedent No< 
 XXL Add a covenant againjl incumbrances y and for 
 further affurance and indemnity to trijijc, and defea- 
 Heciral of Jance to judgment. ' AND WH : RE AS upon the 
 ^ e " n f; r ' t f r , treaty for the purchafe of the faid annuity, or clear 
 
 redemption, o.i - . . 1* 
 
 pa>mentof yearly ium or 50 . herein before mentioned, it was mu- 
 
 ^iT'-ea'r^f n- tuall y a g reeti b 7 and between the faid ohn Scott and^ 
 &uicy to gran- "'famej Mott and Ann 'ieel t That the faid Ann 'I eel, 
 31 ^ e r heirs, executors or adminiftrators^fhould at anytime 
 hereafter be at liberty to repuvchafe and buy up the 
 faid annuity, or yearly fum of $ol. upon giving unto 
 the faid ohn ' cott and James . ott reipeclively, their 
 refpelive executors, adminiilrators or afBgns, ten 
 
 days
 
 APPENDIX OF PRECEDENTS. 447 
 
 days notice in writing of fuch her intention, and upon 
 paying unto the (aid John Scott and James Mott y their 
 executors, adminiftrators or affigns, at the expiration of 
 the time to be mentioned therein, the full fum of 4257. of 
 lawful money of Great Britain, in equal {hares and pro- 
 portions, being the original purchafe-money, and two 
 quarterly payments of the faid annuity, as and for the 
 confideration of fuch repurchafe of the faid annuity, or 
 yearly fum of 5o/. together with all arrears that {hall be 
 due on the faid annuity, or yearly fum of 5o/. and a pro- 
 portionable part thereof, from the laft day of payment 
 thereof preceding fuch repurchafe up to and until the 
 repurchafing the fame. AND THIS INDENTURE Covenant 
 FURTHER WITNESSETH, That for efFeduating thereon ' 
 the faid laft mentioned agreement, it is hereby agreed 
 and declared by and between the faid parties to thefe 
 prefents to be the true intent and meaning of thefe 
 prefents, And the faid John Scott and James Mott for 
 themfelves feverally and refpe&ively, and for their fe- 
 veral and refpelive heirs, executors and adminiftra- 
 tors, do and each of them doth hereby covenant, pro- 
 mife, and agree to and with the faid Ann Teely her 
 executors, adminiftrators and affigns, That in cafe the 
 faid Jtin Teel, her heirs, executors or adminiftrators, 
 (hall at any time hereafter be minded and defirous of 
 repurchafing the faid annuity, or yearly fum of 5o/, 
 and of fuch her or their intention mail give unto the 
 faid John Scott and James Mott refpecHvely, their re- 
 fpe&ive executors, adminiftrators or affigns, notice in 
 writing by the fpace of ten days, that they the faid 
 John Scott and James Mott refpettively, their refpec~ 
 tive executors, adminiftrators or affigns, fhall and 
 will at the end of the faid ten days from the time fuch 
 notice fhall be given as aforefaid, on receiving all and 
 every fum and fums of money whatfoever that (hall 
 be then due for the arrears of the faid annuity, or 
 yearly fum of 507. together with a proportionable part 
 thereof, from the laft day of payment thereof preced- 
 ing fuch repurchafe, up to the day of repurchafing 
 the fame as aforefaid, accept, receive, and take the 
 faid fum of 425 /. as and in full for the repurchafe of 
 3 h
 
 448 APPENDIX OF PRECEDENTS. 
 
 the faid annuity, or yearly fum of 5o/. herein before 
 granted as aforefaid, and on receipt of the faid fum of 
 425 . and all arrears of the faid annuity, or clear 
 yearly fum of 5o/. herein before granted as aforefaid, 
 and fuch proportionable part thereof as aforefaid, fhall 
 and will at the proper cofts and charges in the law of 
 her the faid /;nn 'j eel, her heirs, executors or admi- 
 niftrators, deliver up the faid bond to the laid Ann 
 Teely her heirs, executors or adminiilrators, to be 
 cancelled, and then and in fuch cafe the faid annuity, 
 or yearly fum of 5o/. and the powers and remedies 
 hereby given for recovering the fame and enforcing the 
 payment thereof, and the faid term herein before 
 created, and the trufts herein before declared for fe- 
 curing the fame, fhall ceafe, determine and be void, 
 any thing herein before contained to the contrary 
 thereof in any wife notwithstanding. In \vitnefs> &c, 
 
 CHAP.
 
 [ .:.:? nXTUWHA 
 
 
 
 ' 
 
 '..; i 
 
 . 
 
 CHAP. xiv. 
 
 
 _ 
 
 MISCELLANEOUS DEEDS AND INSTRU- 
 MENTS RELATING TO ANNUITIES, 
 
 
 
 No. XXXVII. 
 
 . . 
 
 Ax ABSOLUTE ASSIGNMENT of Qfpl 
 
 to which the Affignor is hit it led for Life *. 
 
 . 
 
 nr 
 
 1 HIS INDENTURE, made, &c. between Miry Parties. 
 Day, of, c. widow, of the one part, and 'James 
 Stout, of, &c. gent, of the other part. WHEREAS Recital that' 
 fhe-fnid Mary Day is under and by virtue of the laft wK.dW? 
 will and-teilamei't of her brother '1 hom*s Cilaffe t late dends for Ufa 
 
 of, &c. Efq. detelied} bearing date the day 
 
 of 1790, intkled for her life to the intereft, 
 
 dividends, and annual income arifing from the fum of 
 8oo/. 4 pef cent. Bank annuities, directed to be pur- 
 chafed -by and out of the refidue of the faid teftator's 
 perfonat eflate, and which is now ftanding in the names 
 of the truftees therein named. AND WHEREAS 
 the faid 'fames Stout hath contracted and agreed with 
 the f-iid Marty -Day for the abfolute purchafe of the in- 
 tereft, dividends, and annual produce arifing and accru- 
 ing from and out of the fum of 4OO/. 4 percent. Bank 
 
 __. 
 
 ; _ . 
 
 * Thi not-being the cjraht oF nn annuity orn1ad6 for feCurihg one, 
 
 rc'ru-.i-s no memorial to be inrolka. 
 
 c c annuities,
 
 45 
 
 APPENDIX OF PRECEDENTS. 
 
 the life of 
 afsignor. 
 
 annuities, part and parcel of {he faid fum of 8oo/ 4 
 per cent. Bank annuities fo Handing in the names of 
 Danid Grant and Stephen Gcer t the truftees named in 
 the faid will of the faid Thomas Glajfi, and to which 
 {he the faid Mary Day is intitled for her life under and 
 by virtue of the fame will, at or for the price or fum of 
 Afvznment of O 6/. NOW THIS INDENTURE WITNESSETH, 
 dividends for That iu con fideration of the faid fum of 967. of lawful, 
 &c. to the faid Mary Day in hand, well and truly paid 
 by the faid James Stout at or before, &c. the receipt, 
 c. {he the faid Jk'ary Day HATH bargained, fold, 
 afligned, transferred, and let over, and by thefe pre- 
 fents DOTH bargain, &c. unto the faid 'James Stout, 
 his executors, admin iftrators, and affigns, ALL thofe 
 the intereft, dividends, and annual produce of the faid 
 fum of -400 '. 4 per cent. Bank annuities, part and par- 
 cel of the faid fum of 8oo/. 4 per cent. Bank annui- 
 ties fo Handing in the names of them the faid Daniel 
 Grant and Stephen Gecr as aforefaid, and all the right, 
 title, intereft, power, property, benefit, claim and 
 demand whatfotver of her the faid Mary Day, of in 
 and to the faid fum of 4OO/. 4 per cent. Bank annui- 
 ties, every or any part thereof, TO HAVE, HOLD, 
 receive, perceive, take and enjoy the faid intereft, divi- 
 dends, and annual produce of the faid fum of 4oo/. 
 4 per cent. Bank annuities, hereby bargained, fold, 
 afligned, transferred, and fet over, or mentioned or 
 intended fo to be, and every part and parcel thereof 
 unto the faid '/ antes Stout, his executors, adminiftrators, 
 and afligns, for and during the natural life of her the 
 faid Mary Day, as and for his and their own abfolute 
 property, benefit, and behoof; AND for the beUer 
 enabling the faid 'James Stout, his executors, adminif- 
 trators, and afligns, to recover and receive the faid 
 hereby afiigned premifes, {he the faid Mary Day 
 HATH made, ordained, nominated, conftituted and 
 appointed, and in her place and ftead put and deputed, 
 and by thefe prefents DOTH make, ordain, nominate, 
 conftitute, and appoint, and in her place and ftead put 
 and depute the faid James itout, his executors, adminif- 
 trators, and afltgns, and eacfc and every of them her 
 true 
 
 P<*er of at- 
 torney to rer 
 ceive fame.
 
 APPENDIX OF PRECEDENTS. 451 
 
 true and lawful attorney and attornies irrevocable in 
 the name of her the faid Mary Day, or in the name of 
 him the faid James Stout, his executors, adminiftrators, 
 and affigns, to aflc, demand, recover, and take of and 
 from the faid Daniel Grant and Steph n Geer, and all 
 or any other perfon or perfons whom it fhall can ot 
 may concern to pay the fame, all thofe the faid intereft, 
 dividends, and annual produce of the faid fum of 400'. 
 4 per cent, annuities herein before mentioned, and 
 hereby intended to be affigned as aforefaid, as the 
 fame fhall refpectively become due and payable, and 
 upon receipt thereof, or of any part thereof, to give good 
 and fufficient releafes and discharges for the fame, and 
 upon refufal or non-payment thereof, or of any part 
 thereof, to ufe, take, and profecute all legal and equi- 
 table ways and means for the recovery of the fame, 
 (he the faid Maty Day hereby giving and granting 
 unto the faid James Stout, his executors, adminiftra- 
 tors, and affigns, her full power and authority in the 1 
 premifes, and hereby ratifying and confirming, and 
 agreeing further to ratify and confirm all and whatfo- 
 ever the faid James Stcut, his executors, adminiftrators, 
 or affigns, fhall lawfully do or cauie to be done touch- 
 ing or concerning the fame. AND the faid Mary Covenant that 
 Day doth hereby for herfelf, her executors and admi- jJJSSSSp 
 niltrators, covenant and agree to and with the faid incumber. 
 James Stout, his executors, admiuiftrators, and affigns, 
 in manner following (that is to fay) That fhe the faid 
 Mary Day hath not at any time heretofore made, done, 
 executed, committed, or willingly or knowingly fuf- 
 fered any aft, deed, matter, or thing whatsoever, 
 whereby or by reafon or means whereof the faid inte- 
 Teft, dividends, and annual produce hereby affigned 
 or exprefied and intended fo to be, or any of them are 
 is can fhall or may be received, releafed, compounded, 
 discharged, or in any wife incumbered, or whereby the 
 faid James Stout, his executors, adminiftrators, or af- 
 figns, mail or may be prevented or hindered from re- 
 ceiving and recovering the fame. AND that fhe the And hafh 
 faid Mary Day now hath in herfelf good right, full power to affign. 
 power, and lawful and abfolute authority to bargain, 
 G G 2 fell.
 
 451 APPENDIX OF PRECEDENTS. 
 
 fell,aflign, and fet over, the faid hereby afligned interert, 
 dividends, and annual produce unto the faid James Stout , 
 his executors, adrmmflrators, and afTigns, in mariner 
 And will not aforefaidj AND alfo, That ihe the faid Alary Day fhall 
 revoke the not nor will at any time hereafter, without the confent 
 f t ^. e foid James Stout, his executors, adminiflrators, 
 or afligns, for that purpofe firft had and obtained, re- 
 ceive the faid intereft, dividends, and annual produce 
 hereby altigned as aforefaid, or revoke the power of 
 attorney hereby given and granted, for receiving and 
 And for peace- recovering the fame. AND FURTHER, That it (hall 
 able enjoyment, and maybe lawful to and for the faid Jatncs Stout, his 
 executors, adminiflrators, and afligns, from time to 
 time, and all times hereafter during the natural life of 
 the faid Maty Day> peaceably and quietly to have, hold, 
 receive, and take the faid intereft, dividends, and annual 
 produce hereby afligned to and for his and their own ufe 
 and benefit, according to the true intent and meaning 
 of thefe prefents, without any let or hindrance whatfo- 
 ever of or by the faid Mary Day, or of cr by any 
 other perfon or perfons lawfully claiming or to claim 
 And for further by or under her. -AND MOREOVER, That fhe 
 the faid Mary Day fhall and will from time to time, 
 and at all times hereafter, at the requcft, coils, and 
 charges of the faid James Stout, his executors, admi- 
 niftrators, and afligns, make do and execute, or caufe 
 or procure to be made done .iud executed, all and every 
 fuch further and other lawful aud reasonable acls and 
 things, aflignments ami .ailuranccs in the law whatfo- 
 ever, for ,the further better and more perfect and 
 abfolute affigning and alluring the faid hereby ailigned 
 intereft, dividends, and annual Income and premifes, 
 and every or any part thereof to the faid James Stout^ 
 his executors, admim'ftrators, and affigns, and alfo for 
 the better enabling him and them to recover and receive 
 the feme according to the true intent and meaning of 
 thcfe prefents, as by the faid James Stout, his executors, 
 udminiitrators, or affigns, or any or either of them, or 
 his their or any or either of their counfel learned in 
 the law {hall be re.ifonably devifed, advifed or required. 
 In witnefs, &c. 
 
 ' No,
 
 APPENDIX OF PRECEDENTS. 453 - 
 
 No. XXXVIII. 
 
 ASSIGNMENT of a Rent-Charge (which is 
 redeemable) from a fu wiving Grantee and 
 his Tniftee, in which the Grantor joins, in 
 Consideration of a Sinn paid to him, and 
 
 makes the fame irredeemable *. 
 
 ' 
 
 THIS INDENTURE of five parts made, &c. be- 
 tween William Hitt, of Efq. of the firft partj Partiec 
 
 Sa-d' Chapman^ of, &c. Efq. of the fecond part; 
 Richard Bzirt, of, &c. Efq. of the third part j Samuel 
 Way, of, &c. gent, of the fourth partj and Robert 
 White, of, &c. gent, of the fifth part. WHEREAS 
 
 by indenture of three parts bearing date the grant of an- 
 
 day of in the year 1782, and made or ex- nuity totwo 
 
 prefled to be made between the ftid William Halt of S SaSe'o 
 the firft part, the faid Sande Chapman and John Bunn t redemption, 
 fmce deceafed, of the fecond part, and the faid Samuel j^ *}% ^. 
 Way of the third part, IT IS WITNESSED, That in curing the 
 confideration of the fum of 4o/. to the faid William * m *' 
 Halt paid by the faid Sande Chapman and John Bunn t 
 being the fame fum as was mentioned in the condi- 
 tion of the bond hereinafter mentioned, he the faid 
 William Halt .did give, grant, and confirm unto the 
 faid Sande Chapman and John Bunn y their executors, 
 adminiftrators, and affigns, for and during the natural 
 life of him the faid William Halt, one annuity, clear 
 yearly rent-charge or fum of 6~O''. to be ifluing and 
 growing payable, had, received and taken by them the 
 'faid Sande Chapman and John Bnnn y their executors, ad- 
 miniftrators, and afligns,by and out of all, &c. (State 
 the premifes]. -TO HOLD the fame annuity, yearly 
 
 * A memorial of this nffignment require* to be inio}led, by reafon 
 that illiterates as an abfoluie grant from thf grantoi. 
 
 Q G 3
 
 454 APPENDIX OF PRECEDENTS. 
 
 rent-charge, or annual fum unto the faid Sande Chap- 
 man and John Eunn y their executors, adminiftrators> 
 and afiigns, for and during the natural life of him the 
 faid William Halt, payable half yearly, at or on the 
 days and times and in manner therein mentioned, to- 
 gether with a proportionable part of fuch annuity, be 
 yearly rent-charge for the time which mould elapfe 
 between the laft of the faid days of payment next pre- 
 ceding the deceafe of the faid William Halt, and the 
 time of fuch his deceafe, with the ufual powers of 
 diftrefs and entry, and perception of the rents and pro- 
 fits for recovering and fecuring the fame annuity as 
 therein mentioned*, and in which faid indenture now 
 in recital is contained a covenant for procuring the re- 
 newal of the leafe of the premifes charged with the an- 
 nuity, and which are held by leafe granted by the 
 Bimop qf London for a term of feven years, fubject to 
 renewal, and that the leafe when renewed mould be 
 chargeable with the annuity. AND IT IS BY THE 
 NOW RECITING INDENTURE FURTHER 
 WITNESSED, That for the confiderations aforefaid, 
 and for the better fecuring the payment of the faid 
 annuity, yearly rent-charge, or fum of 60'. and alfo in 
 in consideration of los. to the faid William Ha t paid 
 by the faid Samuel fjTay, he the faid William Halt did 
 (at the nomination and by the direction and appoint- 
 ment of the faid Sande Chapman and John Ennn tefti- 
 fied as therein mentioned) grant, bargain, fell, and 
 demife unto the faid Samuel Way, his executors, ad- 
 miniftrators, and afligns, ALL, &c. TO HOLD the 
 fame unto the faid Samuel Way> his executors, admi- 
 niftrators, and afligns, from the day next before the 
 day of the date of the now reciting indenture, for and 
 during die term of 0.9 years then next enfuin^, if he 
 the faid WiJKam Hah mould fo long live, UPON 
 CERTAIN TRUSTS therein mentioned, for better 
 fecuring the payment of the faid annuity, or yearly ium 
 of 6ol'. and the fines which mould from time to time 
 - be paid by the faid Sande Chapman and "John Bunn, 
 their executors, adrniniftrators or afligns, for the 
 renewal of the leafe of the premifes thereby demifed 
 
 in
 
 APPENDIX OF PRECEDENTS. 4SS 
 
 In the event of the faid William Hah refufmg or neg- 
 le<Kng to procure the fame; AND in and by the faid 
 reciting indenture it was provided, declared, and 
 agreed, That in cafe the faid William Halt {hould at 
 any time after the expiration of twelve months from 
 the day of the date thereof, be minded or defirous to 
 redeem or extinguiih the faid annuity, yearly rent- 
 charge, or fum of 6o/. it {hould be lawful for him 
 the faid William Halt fo to do upon payment by him 
 to the faid Sande Chapman and 'John jiunn, their ex- 
 ecutors, adminiftrators, and afligns, of the fum of 
 430'. and of all fum and fums of money which (hould 
 be due, for or on account of the faid annuity, yearly 
 rent-charge, or fum of 6o/. and the arrears thereof, 
 and of all coils, charges, and expences, which the faid 
 Sande Chifnnan and John Bunn, their executors, admi- 
 niftrators or afligns fhould have paid, or been put 
 unto touching or concerning the fame, or the non- 
 payment thereof j And from and immediately after fuch 
 payment being made to the fi\id Sande Chapman arid 
 John ButJtty their executors, adminiftrators, or affigns, 
 of the faid fum of 4307. and the arrears of the faid 
 annuity, yearly rent-cliarge or fum of 6o/. and all 
 fuch coils, charges, and expences asaforefaid, but nut 
 otherwife the faid annuity, yearly rent-charge, or fum 
 of 6o/. {hould ceafe, determine, and be void and at 
 an end. AND WHEREAS the faid 'John ^ AncUhat oo 
 having lately departed this life, the faid annuity, yearly ,J de^"' 
 rent-charge, or fum of 6o/. is become legally and '<&'> whereby the 
 folutely veiled in the faid Sand* Chaptnauby furvivorfhir). v-'V to the 
 AND WHEREAS the faid annuity, yearly rent-charge, ^Jjf^-. 
 
 or fum of 6oA and all arrears thereof up to the arrean have 
 
 day o f ________ have been fatisfied and paid as the t>"enpaidtoa 
 
 faid Sande Chapman doth hereby admit and acknow- ce 
 ledge. AND WHEREAS the laid Sande Chapmnh An( ] that 5 rar 
 hath, on the application of the faid Richard A wf, agreed [Jj 
 in consideration of the fum of > /. to be by him 
 paid to the faid Sarnie Chapman, to ailign and transfer 
 the faid annuity, or yearly rent-charge, or fum of 6o/. 
 and the faid recited fecurity for the fame unto the faid 
 Richard Kurt, his executors, adminiftrators, and af- 
 G G 3 fig" s.
 
 456 APPENDIX OF PRECEDENTS. 
 
 And that gran- figns. AND WHEREAS the faid William Unit, at 
 
 rS&SS!m-*f inftancc andrequdl and for the fatisfaHon of the 
 
 rnent, and flee (aid Richard r/, .hath covenanted and agreed to ratify 
 
 from the claufe ^"^ C nn>rm ^ e affignment.to 1 be made to him by the 
 
 of redemption, faid Sande Chapman of the faid annuity, yearly rent^ 
 
 charge, or fum of 6o/. freed and difcharged of and 
 
 from the power or provifo for redemption thereof, in 
 
 the faid recited indenture contained in confideration of 
 
 the fum of /. AND i WHEREAS State a^ree^ 
 
 Afsignmentof m<yit 'for etcpences.LNOW THIS INDENTURE 
 WITNESSETH, That in purfuance and part perfor- 
 mance of the faid agreements, and in confideration of 
 the fum of /.. of; .lawful, '&c. to the faid ancle 
 Chapman in hand, weil and 'truly paid by the faid Richard 
 Burt y at or before the fealing, and delivery of thefe pre- 
 ients, and in confideration of the fum of :.-*-. > /. of 
 jike money to the frrid' ;f \llinm Halt in like manner 
 paid by the laid Richard Burt> the rec?ap(t of which 
 
 iaid feveral (urns of /. and -/.(making toge*- 
 
 ther the fum of . --*'/) refpe6tively, the faid s 'ande 
 Chapman and ft llitim Halt do, thereby reipe&ively ac- 
 knowledge, and of and from the fame and evt-ry part 
 thefeof refpecliively, (acquit, releafe, :and difclurge the 
 faid .Richard Burt, his 'executors, ,adminiftrators and 
 affigns-,bythefe prefentr^out of which ( c tate payment of 
 expencesj he the faid &?/?<& ChapmanllN^H bargained, 
 fold, affigned, transferred, and fct over, and by thefe 
 prefents DOTH bargdin, fell, afllgn, transfer, and fet 
 over, AND the faid // ''illiam i~>alt HATH granted, 
 ratified, and confirmed, and by thefe prefents DOTH 
 grant, ratify, and confirm unto the faid Richard Btirt^ 
 his executors, adrniniftrators, and affigns, ALL that 
 the faid annuity, yearly rent charge, or fum of 60'. 
 in and by the laid recited indenture- granted and fe- 
 cured and made payable unto the faid .*-ande < hspman 
 and John Bunn, their executors, adrniniftrators, and 
 affigns, as therein and hereinafter mentioned, AND 
 all arrears now due thereon, together with the fame 
 indenture, and all benefit and advantage thereof, and all 
 the eftate, right, title, intereft, truft, property, poffefiion, 
 claim, and demand whatfoever, both at law and in 
 
 equity
 
 APPENDIX OF PRECEDENTS. 457 
 
 equity of them the faid Sande 'Chapman and William 
 Halfy or either of them, of in to or out of the lame 
 and every or any part thereof, TO HAVE, HOLD, 
 receive, take, and enjoy the laid annuity, yearly rent- 
 charge, or fum of 6o/- herein before mentioned to be 
 afiigned and confirmed unto the iaid'A/V&zY/ / urt, his 
 
 xecutors, admim'ilrators and aligns, from the 
 
 day of novs-'laft paft, for and during the na- 
 tural life of the faid H-illiam liciti, freed and absolutely 
 xiifcharged of and from the power or provifo in the 
 laid recited indenture contained for redemption thereof, 
 upon the terms and conditions and in manner tiierein 
 and herein before mentioned. AND THIS INDEN- -x^nmentof 
 TORE FURTHER WITNESSETH, That for the'" 
 confiderations herein before expreffed the faid 'iande 
 Chapman HATH bargained, fold, ailigned, transferred, 
 and fet over, and by thefe prefents DOTH bargain, 
 &c. and the faid William Halt HATH ratified lind 
 confirmed, And by thefe prefents DOTH ratify and 
 confirm unto the laid Richard Burt, his executors, ad- 
 fniniitrators and afiigns, ALL that the fai'cl bond or 
 obligation made and entered into by the faid '/ illiam 
 Halt unto the faid Sande Chapman and ''fohn Bunti, in 
 the penal fum of 8oo/. for better fecuring to them the 
 payment of the faid annuity, or yearly fum of 60.. hereby 
 affigned or intended fo to be, and all and every other fum 
 and fums of money thereby lectured, or thereupon reco- 
 verable, and all other the benefit and advantage thereof, 
 together with full power and authority for him the faid 
 Richard Burt, his executors, adminiftrators and afiigns, 
 to receive and recover the fame, TO HAVE AND TO 
 HOLD the faid bond and premifes laft herein before 
 mentioned to be hereby afligned and confirmed unto 
 the faid Richard Burt^ his executors, adminiftrators 
 and afligns, to and for his and their own ufe and be- 
 nefit. AND the faid Sande Chapman for hirnfclf, his Covenant that 
 T. j i I-L it i lurvtvmz and 
 
 Jieirs, executors and administrators, doth covenant and deceaferf g.ait- 
 
 declare to and with the faid Richard Lnrt, his execu- L - c tnvc dnc 
 tors, adminiftrators and afligns, by thefe prefents, cumber. 
 That he the faid Sande Chapman hath not at any time 
 heretofore, nor hath the faid John Bunn deceafed, 
 
 made.
 
 458 APPENDIX OF PRECEDENTS. 
 
 made, done, executed, committed, or wittingly or wil- 
 lingly fuffercd any aft, matter or thing whatfoever, 
 whereby or wherewith or by reafon or means whereof 
 the faid annuity, or yearly fum of 60 . herein before 
 afligned, or any part thereof, is can (hall or may be 
 received, releafed, compounded, difcharged, or in any 
 wife affected, or whereby or by means whereof the 
 faid bond and premifes laft herein before mentioned 
 to He hereby afligned, or any of them, are is can 
 fhall or may be vacated, avoided, releafed, difcharged, 
 impeached, incumbered, or in any way affected. 
 Afsigmnem.or AND THIS INDENTURE ALSO WITNESSETH, 
 Tliat in- confideration of the premifes and of i o.c. of 
 lawful, &c. to the faid Samuel Way in hand, paid by 
 the faid Robert White at or before the fealing and deli* 
 very of thefe prefents, the receipt whereof is hereby 
 acknowledged, he the faid Samuel Way 'at the requeft 
 arid by the direction of the faid Sande Chapman, and 
 at the nomination and appointment of the faid Richard 
 Burt, refpe&ively teilified by their feverally being par- 
 ties to and executing thefe presents) HATH bargained, 
 fold, afligned, transferred, and fet over, and by thefe pre- 
 fents DOTH,&c. and the faid William Halt and Sande 
 Chapman, at the like nomination and appointment of 
 the faid Richard Burt, HAVE and each of them 
 HATH granted, ratified, and confirmed, and by thefe 
 prefents DO and each of them DOTH grant, &c. 
 unto the faid Robert White, ALL thofe, &c. in and 
 by the faid recited indenture demifed unto the faid 
 Samuel Way, his executors, adminiflrators and af~ 
 figns, for the term of 99 years determinable on the 
 deceafe of the faid William Halt as therein and herein 
 before mentioned, with the appurtenances, and all 
 the eftate, right, and intereft of them the faid Samuel 
 Way, William Halt, and Sande Chapman, and of each 
 and every of them at law and in equity, of in to or 
 out of the fame, or any part thereof, TO HAVE 
 AND TO HOLD the faid premifes herein before men- 
 tioned to be hereby afligned and confirmed unto the 
 faid Robert White, his executors, adminiftrators and 
 afligns, henceforth for and during all the refidue 
 
 and
 
 APPENDIX OF PRECEDENTS. 459 
 
 and remainder of the faid term of 99 years thereof, 
 granted as aforefaid, yet to come and unexpired, if the 
 faid William Halt fhall fo long live, at and under the 
 rent by the faid recited indenture referved, AND 
 UPON THE TRUSTS, and to and for the intents 
 and purpofes therein declared and herein before men- 
 tioned, but fo as neverthelefs, That all the benefit and 
 advantage of the fame trufts by the fame indenture 
 declared, or intended in favour of the faid Sande 
 Chapman and "John Bunn, their executors, adminif- 
 trators and afligns, fhull belong to and be received 
 and enjoyed by the faid Richard Enrt t his executors, 
 administrators and afligns (Covenant from the original 
 grantee againjl incttmbrances ) AND the faid Samuel il-'ay Covenant that 
 for himielf, his heirs, executors and adminiftrators, don e *n aft t 
 doth covenant, promife, and agree to and with the faid incumber. 
 Robert White> his executors, adminiflrators and af- 
 figns, That he the faid Samuel Way hath not done or 
 committed, or wittingly or willingly fuffered any act, 
 matter, or thing whatsoever, whereby or wherewith 
 or by reafon or means whereof the premifes lafl here- 
 in before mentioned to be hereby afligned, or the faid 
 term of 99 years therein, or any p-.irt thereof, refpec- 
 tively are is can mall or may be impeached, charged, 
 incumbered, or any way affected. In witnefs, &c. 
 
 No
 
 APPENDIX OF PRECEDENTS. 
 
 Parties. 
 
 Recital that 
 grantor is in- 
 debted to g.an- 
 tee in a fum of 
 money for mo- 
 ney lent and 
 advanced, paic', 
 laid out, and 
 expended by 
 the grantee's 
 vvit'e previous 
 to their marri- 
 age, to and for 
 the ufe of 
 grantor. 
 
 And that he is 
 unable to pay, 
 and in confide- 
 ration thereof 
 propofes to 
 grant an an- 
 nuity to the 
 grantee. 
 
 And that he 
 hath agreed to 
 enter into a 
 bond and war- 
 rant of attorney 
 for better fe- 
 uring fame. 
 
 No. XXXIX. 
 
 DEED of COVENANTS, whereby a 
 
 in Confederation of a Debt preriou/ly ow- 
 ing, covenants to pat/ an Annuity fecurcd 
 by a Bond and I far rant of Attorney ; 
 and further covenants, that in Cafe he 
 Jhould be preferred to a Living, lie idll 
 charge the fame with the Payment of the 
 Annuity, and permit the Grantee to fe- 
 quefler the Profits thereof *. 
 
 THIS INDENTURE made, &c. between the Rev. 
 John Amor, of, c. Mafter of Arts, of the one part, 
 and James Kelly of, &c. Efq. of the other part. 
 WHEREAS the faid John Amor is juftly and truly 
 indebted unto the faid James Kell, in right of Hen- 
 rietta his wife, in the fum of 1400 . of lawful money 
 of Great Britain^ for- money lent and advanced, paid, 
 laid out, and expended by the faid Henrietta Kelt, be- 
 fore her intermarriage with the faid James Kell, to 
 and for the maintenance, education, and advancement 
 in the world of the faid John Amor, which the faid 
 John Amar doth hereby admit and acknowledge. AND 
 WHEREAS the faid John Amor, being unable to pay 
 and fatisfy unto the faid James Kelt, the faid fum of 
 I4oo/. hath in confederation thereof propofed and 
 agreed to grant to the faid James lie/I, his executors, 
 adminiftrators and alligns, one annuity or clear yearly 
 fum of ioo/. of lawful, &c. clear of taxes and all 
 other deductions whatfoever, for and during the natu- 
 ral life of him the faid John Amor, to be fecured in 
 
 * A memorial of this deedmuflbe inrolled. 
 
 manner
 
 APPENDIX OF PRECEDENTS. 
 
 manner hereinafter mentioned. AND WHEREAS Recital of the 
 the faid John d'tuor, in order the better to fecure the bom1 ' 
 i'uid annuity, hath agreed to enter into and execute 
 the bond and warrant of attorney hereinafter men- 
 tioned. AND WHEREAS the faid John Amor, by 
 his bond or obligation in writing under his hand and 
 (eal, bearing even date herewith, became bound unto 
 the faid James Keli in the penal fum of 2ooo/. of law- 
 ful money of Great Britain, with a condition there- 
 under written for making void the fame on payment by 
 the laid Jobti Amorjriis heirs, executors or adminiftrators 
 unto the faid James Kell, his executors, adminiilrator* 
 or afligns, for and during the natural life of him the faid 
 John Amor, of one annuity, or yearly fum of ioo/. of 
 lawful, &c. free from taxes and clear of all other de- 
 ductions whatfoever, at or on the days or times and in 
 the manner therein and hereinafter mentioned ; And 
 alfo upon the faid John dmor, his executors and ad- 
 miniftrators, obferving, performing, fulfilling, accom- 
 pliihing, paying, and keeping all and fingular the co- 
 venants, grants, articles, claufes, provifoes, payments, 
 conditions, and agreements whatfoever, hereinafter ' 
 contained and entered into by and on the part and be- 
 half of the faid John Amor, his executors, adminiftra- 
 tors and afligns, to be obferved, performed, fulfilled, 
 accompliflied, paid, and kept. (Recite a warrant of 
 attorney}. AND WHEREAS upon the treaty for the Recital that. 
 purchafe of the faid annuity, or clear yearly fum of l 'i' 011 ti>c<>n- 
 
 ; 11 /i 11 i f ' i tract tui <tn- 
 
 ioo/. it was mutually agreed by and between the laid m ,i Lv it was 
 
 John Amor and the faid James Kell, That in cafe the -igral, that if 
 / i .v" 7 /f n " i i i f i crantor mould 
 
 laid John Amor ihouJd at any time hereafter be pre-, : \ t :iny time be 
 
 ferred or promoted to any ecclefiaftical benefice or promoted to 
 
 i ,- i i r i r i arl V eCClell.Utl- 
 
 benehces, or any church prererment whatioever, that C ai benefice,. 
 
 then and in fuch cafe he the faid John Amor fhould th . at '. 1C would 
 
 . .... nil -i within fourteen 
 
 and would at ms own proper colts and charges in the days, charge 
 
 law, 'within the fpace of fourteen davs from the time. 1 amewith the 
 r V, c rr-j/rrx payment of 
 
 ot luch prererment or promotion as atoreiaid, elfectu- , llu:y . 
 
 ally charge and make chargeable fuch benefice or bene- 
 fices, or other church preferment, with the payment 
 <jf the fuid annuity, or clear yearly fum of ioo/. unto 
 the fuid James AW/, his executors, adminiftrators and 
 
 alBgns,
 
 462 
 
 APPENDIX OF PRECEDENTS. 
 
 Sfeof fucfa 
 
 pvefermenr, 
 
 berty to itiue 
 
 Ls arpmft 
 
 affigns, for and during the natural life of him the faid 
 7f> n -*' mor as hereinafter mentioned. AND WHERE- 
 AS upon the treaty for the purchafe of the faid an- 
 
 nu ^y> or c ^ ear J e '^J ^ um f Io ; - ^ was aifo agreed 
 by and between the faid John Amor and James Kelly 
 
 T ' hat in cafe the faid '^ Amor {lioultl at an y time 
 
 hereafter be fo preferred or promoted to any ecclefiaf- 
 benefice. t ' ca j b ene fi ce or benefices, or other church preferment, 
 that then and in fuch cafe and immediately thereupon, 
 it fhould and might be lawful to and for the faid 
 'Jamas A'*'//, his executors, adminiftrators or afligns, 
 at the like proper cofts and charges of him the faid 
 John Amor, to iflue or caufe to be iflued upon or by 
 virtue of the faid judgment fo to be entered up as afore- 
 faid, one or more writ or writs of pen facias de bsnis 
 ecclejiajl;c:>, to be directed to the brfhop of the diocefe, 
 to which fuch ecelefiaftical benefice or benefices fhould 
 belong, and alfo fuch other writ or writs as he the faid 
 "James Kelly his executors, adminiftra'tors or afligns 
 fhoukl think fit or be advifed, in order to ground fuch 
 writ or writs to the faid bifhop, and to indorfe for 
 levy upon fuch writ or writs to be i fined the fum of 
 2000'. being the fum for which fuch judgment {hould 
 be entered up as aforefaid, together with all cofts, 
 charges and expences atttending the fame, in order the 
 better to fecure the due and punctual payment of the 
 Grantor :n con- faid annuity in manner after mentioned. NOW 
 fd"agre"ement THIS INDENTURE WITNESSETH, That in 
 and- money fo purfuance of the faid feveral agreements, and in con- 
 3d amp?f?vife ^deration of the faid fum of I 4 ccr/. of lawful, &c. 
 previous" to due and owing unto the faid James Kull, in right of 
 mamage, co- Henrietta his wife, for fomuch money bv thefaid Henri- 
 
 vcnancs to pay T _ ,. . r . . . J , .* i /- i rv 
 
 annuity. etta Kelly before her intermarriage with the laid James 
 
 Kel'y lent and advanced, and alfo paid, laid out, and 
 expended, to and for the maintenance, education, and 
 advancement in the world of him the faid jfobn Ainor 
 as aforefaid, which the faid John Anar doth hereby 
 acknowledge and admit; And for the better fecuring 
 the payment of the faid annuity, or yearly fura of loo/. 
 he the faid John Ainor DOTH hereby for himielf, his 
 heirs, executors 4'nd adminiftrators> covenant, pro- 
 
 mife,
 
 APPENDIX OF PRECEDENTS. 453 
 
 mite, and agree with the faid James Kell, his execu- 
 tors, admiuiftrators, and afligns, in manner following, 
 (that is to lay) That he the faid John Amor> his heirs, 
 executors or adminiftrators, fome or one of them 
 fliall and \vill well and truly pay or caufe to be paid 
 unto the faid James KcU, his executors, adminiftra- 
 tors or afligns, for and during the natural life of him 
 the faid John A>nor, the faid annuity, or yearly fum of 
 ico/. free and clear of and from all taxes, charges, 
 and deductions whatfoever, parliamentary or otherwife 
 by quarterly payment s, at or on the days and times 
 
 following, (that is to fay) the day of . 
 
 &c. in every year by even and equal portions, together 
 with a proportionable part of the laid annuity, or 
 yearly fum of too/, for the time which at the deceafe 
 of the did John Ataor (hall have elapfed of the quar- 
 terly payment of the faid annuity, growing due at the 
 time of fuch deceafe. The firft payment of the faid 
 annuity, or yearly fum of loo/, to become due and be 
 
 made on the day of next enfuing 
 
 the date of thefe prefents, and the proportionable part 
 
 of the faid annuity due at the deceafe of the faid John 
 
 Amsr to become due and be paid immediately upon his 
 
 deceafe, and which laid annuity, or yearly fum of 
 
 loo', is the fame annuity, or yearly fum of loo/, as 
 
 was and is fecitred by the faid recited bond. AND And a\fo in 
 
 ALSO, That in cafe the faid John Amor (hall at any c j^j ^ be 
 
 time or times hereafter be preferred or promoted, or any eatiefiaf- 
 
 ihall have hold and enjoy any ecclefiaftical benefice or tical benefice, 
 
 benefices, or any other church preferment whatfoever, w ith in fourteen 
 
 that then and in fuch cafe happening, he the faid John dnvs charge thp 
 
 A c u- f ir !_ i j j -k fame \vich the 
 
 Amor tor himicli, his heirs, executors and admimitra- payment of the 
 tors, doth hereby covenant, promife, and agree to annuity. 
 and with the faid James AW/, his executors, adminif- 
 trators and afligns, that he the faid John Amor fhall 
 and will at his own proper tofts and charges in the law, 
 within the fpace of fourteen days from the time he the, 
 faid JoJin /mor fhall be fully and canonically inftituted 
 and indu&edintofucheccleliaftical benefice or benefices, 
 or other church preferment whatfoever, by fuch good 
 and effehud indenture or indentures, conveyance 1 ?, and 
 4 affurances
 
 464 APPENDIX OF PRECEDENTS: 
 
 afiurances in the law whatfoever, as the faid 
 AW/, his executors, adrr.iniflrators or ailigr.s, or his 
 or their counfel fhall advile, in order further to fecure 
 and effectually charge and make chargeable all and fin- 
 guhir the glebe lands, meiruages, or tenements, tythes, 
 tenths, oblations, obventions, perquiiites, profits, emo- 
 luments, advantages, and appurtenances, of and be- 
 longing to fuch ecclefiaftical benefice or benefices, or 
 other church preferment whatfoever, with the payment 
 of the faid annuity, or yearly fum of ioo/; unto the 
 laid 'failies Kelt, his executors, adminiftrators or af- 
 figns, for and during the natural life of him the faid 
 j'ohn Amor y by quarterly payments -in the manner. 
 herein before and in the condition to the faid recited' 
 bond or obligation mentioned and appointed for the 
 payment thereof, and alfo of fuch proportionable part 
 thereof for the time, which at the deceafe of die faid 
 John Amor fhaH have ejapfed of the quarterly payment of 
 the faid annuity, growing due at the time of fuch deceafe^ 
 " AND LASTLY, in further purfuance of the faidagree- 
 ue oient, the faid -.Jibn Amor doth hereby for himfelf, his 
 s'de^b'iiis ^ eirs > executors and adminiftrators, covenant, promife* 
 
 ecciehaiticis, and agree to and with the faid 'Jama* AW/, his executors,. 
 'eat^-un'ft' admimftrators nnd afligns, That in cafe he the faid 
 
 iuch Uenei ce. "John Amsr .fhall. at any time or times hereafter be fo 
 preferred or promoted, or mail have hold and enjoy 
 a-ny eecletiaftical benefice (or benefices,, or other church 
 preferment whatfoever, that then -and in fuch cafe and 
 immediately thereupon, it fhail arid may be lawful ta 
 and for the faid 'J^nncs /vY//, his-executors, adminifhra- 
 tois or affigns, at the proper coils and charges in the 
 law of him the faid John //.;;<??, his executors or .ad- 
 rniniftratois, to jffue or caufe to be iflued upon or by 
 virtue of the faid. judgment. fo agreed to b.e entered up: 
 upon the laid recited warrant of attorney, one or more 
 \vrit or writs of .fieri facias de boms ecclefiafticis to be 
 directed to .the bitliop of the-diocefe, to whom fuch 
 eccleliaitii.al benefice or benefices, or other church- 
 preferment fhall belong; And alfo fuch other writ or 
 writs as he die faid Jum^s Ket\ his executors, admi-- 
 piftrutois or affigns, fhall think fit or be advifed ta 
 3 ground
 
 APPENDIX OF PRECEDENTS. 
 
 ground fuch writ or writs to the faid bifhop, and to 
 indorfe and levy upon fuch writ or writs fo to be iflued 
 the fum of 2000'. being the fum for which fuch judg- 
 ment fhall be entered up as aforefaid, together with 
 all coft, charges, and expences attending the fame, in 
 order that he the faid 'James Kelly his executors, ad- 
 miniftrators or afligns, may fequefter all and fingular 
 the glebe lands, meffuages or tenements, tythes, tenths, 
 oblations, obventions, perquifites, profits, emoluments> 
 advantages, and appurtenances of and belonging to 
 fuch ecclefiaftical benefice or benefices, or other church 
 preferment, and thereby be in full and complete poflef- 
 fion of all and fingular the premifes, UPON TRUST 
 for better fecuring unto the faid "James Kel! t his exe- 
 cutors, adminiftrators and afligns, the due and punctual 
 payment of the faid annuity, or yearly fum of ioo/. 
 for and during the natural life of him the faid John 
 Amor t on the days and times and in manner in and by 
 the condition to the faid recited bond or obligation 
 mentioned and appointed for the payment thereof, 
 and of fuch proportionable part thereof as aforefaid; 
 And that he the faid John Amor, his executors, admi- And that 
 
 niftrators or affirms, mall not nor will have take or grantee ihall 
 
 . r not take ad - 
 
 receive, or by any ways or means whatloever attempt vantage 9f any 
 
 to have take or receive any advantage, by reafon or informality in 
 
 ,. . r ,. . ' , <* *<"<* T / t iffuingfuclx 
 
 means or any informality m the iflumg or men ieveral wr : ts . 
 
 writ or writs as aforefaid, or in the execution thereof, 
 
 but that the faid John dmtr fhall and will, at all times But lhall allow 
 
 hereafter, aver, allow, and maintain all and every * nc! maintain 
 
 fuch proceedings in any Court or Courts of Law or i ngs . 
 
 Equity, or in any Ecclefiaflical Court or Courts within. 
 
 this kingdom. In witnefs, &c. 
 
 No.
 
 APPENDIX OF PRECEDENTS. 
 
 No. XL. 
 
 SE of a RENT-CHARGE (which has been 
 redeemed) and an Alignment of the Term 
 created for fecurlng the fame, in Order that 
 titefame be merged*. 
 
 Parties, ^ HIS INDENTURE TRIPARTITE made, &c. 
 
 between John Scott, of - g ent - of the firfl part j 
 'James Matt, of - gent, of the fecond part ; 
 and 'Ihomas Homer, of -- g ent f tne third 
 
 Recital of the par t. WHEREAS by indenture bearing date on or 
 
 grant of an an- r , , jr .1 r T j 
 
 rmity, with a about the day of - in the year of our Lord 
 
 demif'e to a --- and made or expreffed to be made between the 
 
 prenfife" for^a faid Thonlas Homer, of the firft part; the faid Join 
 
 term of 99 years Scott, of the fecond part; and the faid James Mott of 
 
 me. CUI the third part. IT IS WITNESSED, That in confi- 
 
 deration of fcoo/. by the faid John Scott to the faid 
 
 Thomas Homer paid, he the faid Thomas Homer DID 
 
 give, grant, bargain, fell, and confirm unto the faid 
 
 *Jtihn Scott, his executors, adminiftrators and affigns, 
 
 for and during the natural life of him the faid Thomas 
 
 Homer, one annuity, or clear yearly rent-charge, or 
 
 fum of ioo/. to be ifluing and payable out of and had 
 
 received and taken by him the faid John Scott, his ex- 
 
 ecutors, adminiftrators and affigns, by out of and 
 
 from all and fingular the meiTuage or tenement, farm, 
 
 lands, hereditaments, and premifes hereinafter men- 
 
 tioned and defcribed, TO HOLD, receive, take, and 
 
 * It frequently happens, that when an annuity is redeemed, the deeds 
 only are cancelled ; but as the act of parliament for inrolling annuity 
 deeds does not authorife a discharge to he entered in the books at 
 the inrolirhent-orTice, as the act for regifterin^ deeds in Midddlefex 
 does, upon thedifcharge of a mortgage ; it is advifeable, not only 
 for the latisfatSlion of the parties themfelves, but for fubfequent in- 
 cumbrancers, that tne annuity fhould appear to be difcharged ; are- 
 leafe of the annuity and an affignment of the term (if any is created) 
 ftioold therefore be made/ and a memorial thereof inrolled. 
 
 enjoy
 
 APPENDIX OF PRECEDENTS. 467 
 
 enjoy the faid annuity, or clear yearly rent-charge, 
 unto the faid John Scott, his executors, adminiftrators 
 and afligns, during the natural life of him the faid 
 Thomas rlorner, and to be paid and payable at the time 
 and in manner therein mentioned, with powers of dif- 
 trefs and entry upon and perception of the rents and 
 profits of the laid rnefluage or tenement, farm, lands, 
 hereditaments, and premifes, for better fecuring the 
 faid annuity, or clear yearly rent-charge,' in cafe the 
 fame or any part thereof, fhould be behind or- unpaid 
 by the fpace or times, and in the manner therein men- 
 tioned. AND for the confiderations therein mentioned, 
 HE the faid 'Ibomai Homer, at the nomination and by 
 the direction of the faid John Scott (teftified as therein 
 mentioned) DID grant, bargain, fell, and demife 
 unto the faid James fVJott, his executors, adminiftra- 
 tors and affigns, ALL THAT (fate the parcel;) 
 together with all houfes, &c. and the reverfion, &c. 
 TO HAVE AND TO HOLD the faid premifes, 
 with the appurtenances, unto the faid James Mott, his 
 executors, adminiftrators and affigns, from thence- 
 forth for and during and unto the full end and term of 
 99 years (if the faid 'Ihomas Homer mould fo long 
 live) UPON TRUST for further and better fecuring, 
 raifing and paying the faid annuity, or clear yearly rent- 
 charge of I oo/. in the manner therein fpecified, and 
 fubjeft thereto, IN TRUST for the faid Thomas Hor- 
 ner and his affigns; And in which faid indenture now 
 in recital is contained a power or provifo for repur- 
 chafe of the faid annuity, or yearly rent-charge of 
 ioo/. upon certain terms and conditions therein men- 
 tioned. AND WHEREAS the faid Thomas Homer, And that the 
 by virtue of and in exercife of the power for repurchafe, ^"u'chafed^' 
 contained in the faid recited indenture, actually repur- an 
 chafed the faid annuity, or clear yearly rent-charge of n '^ e r r e e j ea ^'' ex _ ut 
 ioo/. of and from the faid John bcott, and paid all ar-ecuted. 
 rears thereof, and alfo the full confideration-money for 
 the repurchafe of the fame; And thereupon the laid 
 herein before recited indenture was delivered up by the 
 faid John Scott to the faid Thomas Horner, or his foli- 
 eitor or agent, to be cancelled, but no actual releafe 
 H H 2 or
 
 468 APPENDIX OF PRECEDENTS. 
 
 or furrender of the faid annuity, or clear yearly rent- 
 charge of ico/. or the hereditaments and premiies fub- 
 jet to and charged with the payment thereof, and 
 comprifed in the laid term of 99 years fo as aforefaid, 
 demifed for better fecuring the payment of the fame, 
 was then or hath been fince made or executed by the 
 faid 'John Scott and James Mott t as they the faid John 
 Scott and James Mott do hereby refpeciively acknow- 
 Andihatihe ledge and admit. AND WHEREAS the faid 7 homas 
 
 grantor hath . . 
 
 applied to Homer hath applied to and requelted the laid John 
 gnmtee and his $ tt an( | j ames ^ ott to re leafe the aforefaid annuity, or 
 
 truftee to re- / _ J , 
 
 leafe annuity, clear yearly rent-charge or lumot ioo/. and to aliign and 
 "i nd u urre v tier furrender the aforefaid hereditaments and premifes 
 
 the heredita- / i i r i <- r iri 
 
 ments compris- compnied in the laid term of 99 years, lor the relume 
 ed m the term ant j remainder of the fame term, in manner hereinafter 
 Se fame may' mentioned, TO THE END AND INTENT that 
 merge. t j ie f ame ma y be or become merged in the inheritance 
 
 of the fame premifes, which they the faid John Scott 
 and James Mott have confented and agreed to do. 
 ]tfOW THIS INDENTURE WITNES8E TH, That 
 in purfuance of the faid agreement, and in confi dera- 
 tion of the premifes, and alfo in confideration of the 
 fum of los. of lawful, &c. to the faid John Scott in 
 hand, paid by the faid Thomas Hen er t at or before the 
 fealing and delivery of thefe prefents, the receipt 
 whereof is hereby acknowledged, he the faid John 
 Scott hath remifed, releafed, and for ever quit, claim- 
 ed, and dilcharged, and by thefe prefents DOTH 
 freely and abfolutely remlfe, releafe, and for ever quit, 
 claim, and difcharge, all and fingular the aforefaid 
 mefiuages or tenements, farms, lands, hereditaments, 
 and premifes, mentioned and comprifed in the faid 
 herein before recited indenture, and thereby charged 
 with the payment of the faid annuity, or clear yearly 
 rent-charge of ioo/. And alfo the laid Thomas Home r y 
 his heirs, executors, adminiftrators and afligns, his 
 their and every of their lands, tenements, goods and 
 chattels, of and from the faid annuity, or yearly renU 
 charge of i oo/. and of and from all arrears, dues and 
 payments in refpedt thereof, and of and from all pow- 
 ers and remedies for the recovery of the fame, and 
 
 alfa
 
 APPENDIX OF PRECEDENTS. 469 
 
 alfo of and from all alions, fuits, accounts, reckon- 
 ings, claims, and demands whatfoever, for or on ac- 
 count or otherwife in refpeft of the faid annuity, or 
 the arrears thereof, or any part thereof, or of any fe- 
 curity given or executed for the fame, or of any other 
 matter or thing whatfoever relative thereto. AND Covenant that 
 
 the laid "John Scott for himfelf, his heirs, executors. : i " Iltee hj h 
 
 i i -n v i i i j ' )lle noaftto 
 
 and admnnitrators, doth hereby covenant, promne and iucumber. 
 
 agree to and with the laid Thomas Homer, his heirs and 
 afligns, That he the faid John Scott hath not at any 
 time heretofore made, done, executed, or committed 
 any al, deed, matter, or thing whatfoever, whereby 
 or by reafon or means whereof the faid meffuages or 
 tenements, farms, lands, hereditaments, and premifes 
 hereby releafed, or any of them, or any part or parts 
 thereof, are is can fhall or may be impeached, charged, 
 or incumbered in title, charge, eftate, or otherwife 
 howfoever. AND THIS INDENTURE FURTHER Affignment of 
 WIT NESSETH, That in 'further purfuance of the gJtfalSS 
 aforefaid agreement, and in consideration of the pre- >i y merge in 
 mifes, and alfo in confideration of IQJ-. of lawful, &c. rne freehol(1 - 
 to the faid J.-. in hand, paid by the faid Tho- 
 
 jn:jf tlorner y (the receipt whereof is hereby acknow- 
 ledged) he thu faid James .:fott t at the requefl and by 
 the direction and appointment of the faid John ''cott, 
 teftified by his being a party to and fealing and deliver- 
 ing thefe prefents, HATH affigned and furrendered, 
 and by thefe prefents doth affign and furrender unto 
 the faid 'Thomas Homer, his heirs and aligns, all and 
 iingular the afovttiaid rnefluages or tenements, farms, 
 lands, hereditaments, and premifes, comprifed in and 
 demited by the laid herein before recited indenture, 
 together with all the rights, members, and appurte- 
 nances tHereunto belonging, or in anywife appertain- 
 ing; And all the eftate, right, title, intereft, term 
 and terms for years now to come and unexpired, pro- 
 perty, claim, and demand whatfoever, both at law and , 
 
 ;iitv, of him the faid J nines M'jit, of in to and out 
 
 of the lame hereby afiigned hereditaments and premifes, 
 
 ,iii'l (. v.-ry or any part thereof, under or by virtue of 
 
 the faid recited indenMre, or otherwife howfoever, 
 
 a H 3 TO
 
 47<> APPENDIX OF PRECEDENTS. 
 
 TO HAVE AND TO HOLD all and fmguhr the 
 faid pre.mifes fo herein before afligned and furrendered, 
 01 cxpr fled or intended fo to be, with their and every 
 of ibcir appurtenances, unto the laid Thomas homer, 
 his heirs and affigns, from henceforth for and during 
 all the refidue and remainder now to come and unex- 
 pired of the . ; d terr- of 99 years, therein to the end 
 and intent that the lame term of 99 years may be and 
 become merged and cxtinguifhed in the reverfion, free- 
 hold, and inheritance now vefted in him the faid 
 Thomas Homer, of or in the faid hereditaments and 
 premifes, freed and absolutely difcharged of and from 
 the trufts arid purpofes fo as aforefaid, declared thereof 
 in and by the faid herein before recited indenture, and 
 from all claims and demands in refpecl: thereof. (Add 
 covenant that 'James Mott hath done no act to incumber.) 
 In witnefs, &c. 
 
 No. XLI. 
 
 A MEMORIAL. OF THE GRANT OF AN AN-, 
 NUITY CHARGED UPON LANDS IN MID- 
 DLESEX. 
 
 A MEMORIAL to be regiflered in the County 
 of Middle fex, purfuant to A3 of Parlia- 
 ment of 
 
 Hall-) AN INDENTURE TRIPARTITE, bear- 
 to > ing date the clay 1 797, made between 
 
 Hill- J "John Hall, of, &c. of the firft part; 'Thomas Hill, 
 of, &c. gent, of the fecond part; and Richard Burt, of, 
 &c. gent, of the third part. WHEREBY the faid John 
 Hall, in confideration of the fum of 8oo/. of lawful 
 money of Great Britain, to him paid by the faid Iho- 
 I mas
 
 APPENDIX OF PRECEDENTS. 
 
 mas Hilt, DID charge and make chargeable the feveral 
 leafehold mefluages or tenements, pieces or parcels of 
 ground, and other the premifes, with the appurte- 
 nances, fituate, lying and being in the parim of - 
 
 in the county of Middlefex aforefaid, therein and here- 
 inafter described, and intended to be thereby affigned, 
 with the payment of one annuity, or clear yearly rent- 
 charge, or fum of 100 . of lawful money of Great 
 Britain, to the faid Thomas Hill, his executors, admi- 
 niftrators and afligns, for and during the natural 
 lives of A. B. and C. D. and the life of the furvivor 
 of them, payable quarterly, on the clays and times 
 thereafter mentioned. AND by the faid indenture the 
 faid John Hall, for the confiderations aforefaid, and 
 in confideration of IQJ. to him paid by the faid Richard 
 Burt, DID grant, bargain, fell, aflign, transfer, and 
 fet over unto the faid Kichard Eurt, his exeutors, ad- 
 miniftrators and afligns, all thofe (Here Jlate the pre- 
 inife; as in ihcc . eecl.J and all houfes, &c. which faid 
 mefluages or tenements, pieces or parcels of land, and 
 other the premifes therein and herein before mentioned, 
 where by a certain indenture of leafe, bearing date the 
 
 day of 17 and made between 'John 
 
 Hunt, therein mentioned, of the one part; and the 
 faid John Hall of the other part; demiied by the faid 
 John Hunt to the faid "John Hall, for the term of 200 
 years from the day of the date of the faid indenture of 
 leafe, TO HOLD the faid feveral mefluages or tene- 
 ments, pieces or parcels of land, and other the pre- 
 mifes, with their and every of their appurtenances, to- 
 gether with the faid indenture of leafe, unto the faid 
 Richard Burt, his executors, adminiflrators and af- 
 figns, from thenceforth for and during all the then 
 refidue and remainder of the faid term of 200 years, in 
 and by the faid indenture of leafe granted, if they the 
 faid //. B. and C. D. or the furvivor of them, fhould, 
 ib long live, UPON THE TRUSTS thereinafter 
 mentioned, for better fecuring the payment of the faid 
 Annuity, or yearly rent-charge of ioo/. on the days ami 
 times therein mentioned ; which faid indenture, as to 
 fhe due execution thereof by the faid John Hall, Tho- 
 H IT 4 "I."*
 
 APPENDIX OF PRECEDENTS. 
 
 mas Hill and Richard Burt, is witnefled by Robert 
 JVebb, of, &c. gent, and 'ihomas Mafoti, clerk to the faid 
 Robert Webby and is hereby required to be regiftered by 
 the faid John Hal/, as witnefs his hand and feal 
 Signed and fealed in 
 die prefeiice of 
 
 No XLII. 
 
 SURRENDER of a Copyliold Eflateforfecurlng 
 an Annuity*, 
 
 Manor? BE IT REMEMBERED, That on the 
 
 of E. \ day of in the year of our 
 
 ]Lord Barnes Prince, of g ent - an d Mary 
 
 his wife, ({he the faid Mary being iiril examined 
 apart from her faid hufband by IV. D. fteward of the 
 faid manor, and confenting) out of court furrendered 
 into the hands of the lord of the faid manor, by the, 
 rod, by the hands, and acceptance of the faid iteward, 
 ALL that (State the prcmifcs.)-*- AND ALSO all the 
 eftate, right, title, intereft, property, claim, and de- 
 mand whatfoever, of them the laid '-tames Prince and 
 Mary his wife, and each of them, of in to or out of 
 the faid premifes, and every part thereof, to the ufe 
 
 and behoof of Edward Roe, of g ent - his heirs 
 
 and afligns for ever, according to the cuftom of the 
 faid manor, UPON CONDITION neverthelefs, That 
 if the faid 'James Prince, his heirs, executors or adr 
 miniftrators, do and fhall well and truly pay, or caufe 
 to be paid, unto the faid Edward Roe, his executors, 
 adminiftrators or afligns, for and during the joint 
 natural lives of the faid Edward Roe and Catharine his 
 wife, and William Roe, fon of the faid Edward Roe, 
 and the life of the furvivor of them, one annuity, or 
 
 :: Sse the grant of iinm.ji.ty, Precedent No. 28. 
 
 clear
 
 APPENDIX OF PRECEDENTS. 473 
 
 clear yearly fum of ioo/. of lawful, &c. free from 
 taxes, and clear of all other dedudtions whatfoever, on 
 four days or times in the year, j^that is to fay) on the 
 
 ' day of the day of the 
 
 day of and the day of in 
 
 every year, by even and equal portions, the firft pay- 
 ment thereof to begin and be made on the day of 
 
 next enfuing; And alib if the faid James 
 
 Prince, his heirs, executors or adminiflrators, fliall 
 and do well and truly pay, or caufe to be paid, unto 
 the executors, adminiftrators or affigns of the faid 
 JEdiuard . oe, in cafe the furvivor of them the faid Ed- 
 'ward Roe and Catharine his wife, and IPilliam Roe, 
 ihall depart this life on any day on which any quartely 
 payment of the faid annuity, or clear yearly fum of 
 ioo/. fliall become due, the whole of fuch quarterly 
 payment; And if on any other day, in cafe Inch day 
 fhall happen before any quarterly payment of the faid 
 annuity, or yearly fum fliall have become due, then a 
 proportionable part of the quarterly payment of the laid 
 annuity, or yearly fum of ioo/. to be computed from 
 the day of the date hereof to the day of the death of 
 fuch furvivor i But in cafe any quarterly payment of 
 fuch annuity, or yearly fum of ioo/. mall have be- 
 come due at the time of the deceafe of the furvivor of 
 them the faid Ediuard l\oe and Catharine his wife, and 
 William Rocy then from fuch of the faid quarterly 
 days of payment of the faid annuity, or yearly fum of 
 ioo/. as fhall happen to be next and immediately 
 preceding the day of the death of fuch furvivcr to the 
 day of his or her deceafe, or if the Lid ;.u>its Priitce y 
 his heirs, executors or adminiftrators, fliall f"cr the 
 expiration of three years from the day of making this 
 furrender, be defirous of repurchafing the faid -nuity, 
 and (hall give unto the faid Edward Roe, his executors, 
 adminiftrators or afligns, fix calendar months notice 
 in writing of his or their intention, and fliall pay unto 
 the laid Ediuard Roe, his executors, adiriniftrutors or 
 aftigns, the full fum of 800.. being the coniideration- 
 money paid for the purchafe of the faid annuity, to- 
 gether with all arrears thereof, or if the faid 'James 
 3 fnnce.
 
 474 APPENDIX OF PRECEDENTS. 
 
 Prince (hall not give fuch fix calendar months notice, 
 but fhall pay unto the faid Ediuard Roc, his executors, 
 adminiftrators or alligns, the fum of 850'. being the 
 original purchafe-money paid for the faid annuity, and 
 two quarterly payments thereof, in lieu of fuch notice, 
 then the furrender fhall be void, otherwife to be and 
 remain in full force and virtue. AND the faid Ja:rs 
 Prince doth hereby declare, that the confideration for 
 the purchafe of the faid annuity was the fum of 8oo/. 
 of lawful money of Great Lriiain, paid to him in 
 his own proper perfon by the faid Edward' Roe in his 
 own proper perfon, at the time of making this furren- 
 der; out of which faid fum of 8oo/. he the faid James 
 
 Prince paid to Robert White, of g tnt - the fum 
 
 of for attendances refpecling the 'granting of 
 
 the faid annuity, and for preparing and perfecting die 
 feveral fecurities for the fame, and for inrolling a me- 
 morial thereof, and for the expences of this furrender, 
 purfuant to an agreement made upon die treaty for the 
 purchafe of the faid annuity by the faid Edward Roe. 
 
 No. XLIII. 
 
 ASSIGNMENT of a Policy of Infurance for 
 Lives. 
 
 Parties THIS INDENTURE, made, &c. between Rich- 
 
 ard Burty of, &c. Efq. of the one part, and John 
 
 lffi& : &** of > &c g ent - of the other part. WHEREAS 
 /or lives. by a certain inftrument, or policy of infurance, under 
 the hands and feals of certain directors of the Society 
 for Equitable AfTurances on Lives and Survivorfhips, 
 bearing date the day 1789, and number- 
 ed 1000, the life of John Mofs, of, &c. gent, is in- 
 fured by the faid Richard JBurt, for the whole conti- 
 nuance of the life of the faid John Aiofs, for the fum 
 of 5oo/. AND WHEREAS the faid John Scott hath 
 contracted and agreed with the faid Richard Burt far 
 
 all
 
 APPENDIX OF PRECEDENTS. 
 
 all the right, title, and intereft of him the faid RicJxird 
 Bart of in and to the laid inftrument or policy of in- 
 furance, and of the money fecured thereby, or to be- 
 come due thereupon, at or for the price or fum of 
 NOW THIS INDENTURE WITNESSETH, Thatf 
 
 for and in coniideration of the laid fum of of 
 
 lawful moiiey of Great Britain, to the faid Richard 
 Burl in hand, well and truly paid by the faid John 
 Scott at or before the fealing and delivery of thefe pre- 
 fents, the receipt whereof he the laid Richard Lurt 
 doth hereby admit and acknowledge, and of and from 
 the fame doth acquit, releafe, and for ever difch.irge the 
 faidjfchn Scott, his executors, admuriftrators and affigns, 
 and every of them by thefe prefents he the faid Rich- 
 ard Burt HA 1 H ailigned, transferred, and fct over, 
 and by thefe prefents DOTH aflign, transfer, and fet 
 over unto the faid John Scott, his executors, adminif- 
 trators and afligns, ALL that the faid herein before 
 recited inftrument or policy of infurance, made by the 
 faid Richard Burt, on the life of the faid iohn /ro/j; 
 And ail fum and fums of money thereby fecured and to 
 become due and payable, and to be received or reco- 
 vered therefrom, and all the eftate, right, title, intereft, 
 property, claim, and demand whatfoever, of him the 
 laid Richard hurt of in and to the fame and every 
 part thereof, and all powers and remedies for the re- 
 covery thereof, TO HAVE AND TO HOLD, 
 receive, take, and enjoy the faid inftrument or 
 policy of infurance, fum and fums of money, 
 and all and fingular other the premifes hereby, or 
 menioned to be hereby afligned unto the faid John 
 Scott, his executors, adminiftrators and afligns, to 
 and for his and their own proper ufe, benefit and be- 
 hoof, and as his and their own proper goods, chattels, 
 and effedls for ever. AND for the purpofes aforefaid, 
 he the faid Richard Burt HATH made, ordained, 
 nominated, conftituted and appointed, and by thefe 
 prefents DOTH make, ordain, nominate, conftitute, 
 and appoint the faid "John Scott, his executors, admi- 
 niftrators and afligns, his true and lawful attorney and 
 attornies irrevocable for him the faid Richard Burt, or 
 
 iu
 
 APPENDIX OF PRECEDENTS. 
 
 in his name, place and {lead, to afk, demand, fue fot, 
 Recover and receive of and from all and every perfon 
 and perfons, whom it doth mall or may concern, to 
 pay the fame, all and every fum and fums of money 
 now due or hereafter to become due and payable on 
 the faid recited inftrument or policy of infurance, and 
 to rc-allign or deliver the fame to be cancelled, or to 
 act in any other \vay therein as to him the faid 'John 
 Strati, his executors, adminiftrators or afligns, (hall feem 
 meet, he the faid Richard Bitrt hereby ratifying and 
 confirming, and agreeing to ratify and confirm all and 
 whatfoever the faid "fsthn Scott, his executors, adminif- 
 trators or afligns, mall lawfully do or caufe to be 
 done in and about the premifes by virtue of thefe pre^ 
 Cents, and one or more attorney or attormes under him 
 and them, to fubilitute, depute, and appoint for the 
 purpofes aforefaid. 
 In witiiefs, &c. 
 
 No.
 
 APPENDIX OF PRECEDENTS. 477 
 
 No. XL1V. 
 
 PKTITIOX to the Court of Chancery for Pay- 
 ment of Dividends of Stock Jiandbig in the 
 
 \ftmc of the Accountant-General, a[ji^ncd 
 
 ' / 
 
 If i/ a Married Jl'oman Jor fkeuring an An- 
 nuity * 
 
 Between Ann Hi /, widow, and Charlotte Hal/, i n chancery, 
 (daughter of the defendants Hall and wife) 
 an infant by the faid A'nn Hill t her next 
 friend and others plaintiffs, John Hall and 
 Hannah his wife, and the Governors of the 
 Bank of England and others defendants- 
 
 To the Right Hon. the Matter of the Rolls. 
 
 The humble petition of Matthew Hunt, of Nrw- 
 unan-Jlreety in the parifh of St. Mary-Ie-bcne, 
 in the county of Middlefex, Efq. 
 
 SHEWETH, 
 
 THAT by the decree or decretal order made on the 
 opening of this matter the rc^th day of February, 1770, 
 unto the Right Hon. the Lords Commiilioners of the 
 Great Seal of Great Britain by Mr. Maddccks> being of 
 counfel for the defendants Hall and wife, it was alleged 
 that "John Hilt the defendant, and Hannah Hall's father, 
 deceafed, by his will bearing date the 2d day of De 
 camber 1755, amongft other tilings bequeathed Thotnas 
 Connor and James Emans looo/. UPON TRUST to 
 place out the fame upon real or government fecuritieii 
 arid apply the dividends and intereil thereof towards the 
 maintainance and education of hib daughter Hannah 
 
 * Sec Precedent No, IX, 
 
 (the
 
 47* APPENDIX OF PRECEDENTS. 
 
 (the defendant) until fhe fhoilld attain the age of twen- 
 ty-one years, or be married with fuch confent as after 
 mentioned ; And did thereby direct his faid truftees to 
 pay the faid iooo/. to his faid daughter at her age of 
 twenty-one years or day of marriage, provided that in 
 cafe his faid daughter fhould intermarry without the 
 confent of his wife, (if then living) but if dead, with- 
 out the confent of his executors, then the intereft of 
 the faid portion of his daughter mould be only paid to 
 her during her life, for her fole and feparate ufe 
 (exclufive of any hufband) and that upon the death of 
 his faid daughter, marrying without fuch confent as 
 aforefaid, the portion fo intended for her mould go to 
 and be paid for the benefit of the child or children of 
 his faid daughter, equally amongft them, at their re- 
 fpe6tive ages of twenty-one years or days of marriage, 
 and the intereft thereof, until the principal mould be- 
 come payable, mould be applied towards the mainte- 
 nance and education of fuch children, and appointed 
 his wife and the faid Thomas Connor and Richard 
 Ematis executors of his faid will (who are all fmce 
 dead); That the defendant Hannah Hill, daughter of 
 the faid teftator, intermarried with the defendant John 
 Hall in the life-time of her faid mother and without 
 her confent, whereby me became only intitled to re- 
 ceive for her feparate ufe the intereft of the faid iooo/. 
 during her life ; That after the death of the faid tefta- 
 tor the faid Thomas Connor and Richard Emans, with 
 the faid iooo/. purchafed 1 1377. i?j. 8d. 4 per cent, 
 confclidated Bank annuities; That the faid Connor, after 
 the deceafe of the faid Emans, transferred the faid 
 ilock, fo as to inveft the fame in himfelf and Charles 
 Lucas; That the faid Connor VK.S fince dead, whereby 
 the faid ii37/. 125. 8*/. 4 per cent, confolidated Bank 
 annuities was then become vefted in the faid Charles 
 Lucas, who was defirous to transfer the fame into the 
 name of the Accountant-General of this court, in 
 truft in this caufe, and therefore it was prayed that 
 the faid Charles Lucas might be at liberty to transfer 
 the faid U37/. I2J-. $d. 4 per cent; confolidated Bank 
 annuities, into the name and with the privity of the 
 
 Accountant-
 
 APPENDIX OF PRECEDENTS. 479 
 
 Accountant-General of this court, in truft in this mat- 
 ter, and that he might declare the truft thereof accord- 
 ingly, fubje6l to the further order of the court, and 
 that the intereft that mould accrue due on the faid 
 four pounds per cent. Bank annuities, might be paid to 
 the defendant Hannah Hall, according to the will of 
 john Hill her father, deceafed, until the further order 
 of this court ; which upon hearing of, Mr. Jones of 
 counfel with the faid Mr. Lucas who confented there- 
 to, was ordered accordingly. 
 
 That in purfuance of the faid decree or decretal or- 
 der, the faid Charles Lucas hath transferred the faid 
 1 1 3 "/. i is. 8 d. 4 per cent, confolidated Bank annui- 
 ties to the faid Accountant-General, in truft in this 
 caufe, the intereft of which faid fum has been fince 
 reduced to 3 per cent, and is now called 3 per cent, 
 reduced Bank annuities. 
 
 That by indenture bearing date the 5th day of June 
 inft. and made between the faid John Hall and Han- 
 nah his wife of the one part, and your petitioner Mat- 
 theiu Hunt of the other part, in confideration of the 
 fum of i2o/. therein mentioned, to be paid by your 
 petitioner to the faid John Hall and Hannah his wife, 
 they the faid John Hall and Hannah his wife did bar- 
 gain, fell, affign, transfer, and fet over unto your pe- 
 titioner Matthew Hunt) his executors, adminiftrators 
 and afligns, all the intereft, dividends, and annual pro- 
 duce of the faid fum of H37/ 12s. Sd. now called 
 3 per cent, reduced annuities, fo (landing in the name 
 of the faid Accountant-General, upon truft for fecur- 
 ing your petitioner Matthew Hunt, his executors, ad- 
 miniftrators and afligns, an annuity, or yearly fum 
 of 2o/. during the natural life of her the faid Hannah 
 Hall* 
 
 YOUR PETITIONER therefore moft hum- 
 bly prays your Honour that the future inte- 
 reft and dividends arifing from the faid 
 
 * On the hearing of this petition the woman muft attend pei- 
 fohally to give her confent, ami execution of the alignment be proved, 
 either by affidavit or by one of thi- fubfcribinpc witneJTes, vice voce; 
 but in all other cafes, excepting that of a feme covert, a confent by " 
 couofel is fufficient.
 
 APPENDIX OF PRECEDENTS. 
 
 H37/. i2s. 8d. now called 3 per cent. fr- 
 cluced J3ank annuities, during the life of the 
 faid Hannah hall, may be from time to 
 time paid to your petitioner, upon the trufts 
 of the laid indenture particularly mentioned. 
 And your petitioner ihall ever pray, &c. 
 
 No. XLV. 
 
 of ATTORXKY for entering up 
 Judgment on a Bond given Jor fecit ring an 
 ^l nniiity.'* 
 
 To William Jones and Richard Leivis, Attornies 
 of the of Court King's Bench jointly and fe- 
 verally, or to any other Attorney of the fame 
 Court. 
 
 THESE are to defire and authorife you the attor- 
 nies above named, or any of you, or any other attor- 
 ney of the Court of King's Bench aforefaid, to appear 
 
 for me George Thomas, of g ent - as f tn i s 
 
 prefent Hilary Term, Eafler Term next enfuing, or 
 feme other fubfetpuent term in the faid Court of King's 
 Bench, and then and there to receive a declaration for 
 me in an action of debt upon bond, bearing even date 
 herewith, for the fum of 14007.^ And whereupon to 
 confefs the fame action, or elfe to fufFer a judgment by 
 iiihil dicet or otherwife, to pafs again ft me in the fame 
 action, and to be thereupon forthwith entered up 
 againft me of record of the faid court, for the faid fum 
 of 14007. and coils of fuit. AND I, the faid George 
 Thomas^ do hereby further authorife and impower you 
 the faid attornies, or any one of you, after the faid judg- 
 ment iliall be entered up as aforeiaid, for me and in my 
 name, and as my at and deed, to fign, feal, and ex- 
 
 * See Precedent No. I. 
 
 ccute
 
 APPENDIX OF PRECEDENTS. 481 
 
 ecute a good and fufficient releafe in the law to the 
 faid Edward Pearce t his heirs, executors and admi- 
 niftrators, of all and all manner of error and errorS| 
 writ and writs of error, ajid all benefit and advantage 
 thereof, and all mifprifons of error and errors, defers 
 and imperfections whatfoever had, made, committed, 
 done or fuffered, or to be had, made, committed, 
 done or fuffered, in about touching or concerning the 
 aforefaid judgment, or in about touching or concerning 
 any writ, warrant, procefs, declaration, plea, entry ? 
 or other proceedings whatfoever, of or any way con- 
 cerning the fame, and for what you my faid attornies, 
 or any one of you, mall do or caufe to be done in the 
 premifes, or any of them, this fhall be to you and every 
 of you a fufficient warrant and authority. In witnef$ 
 whereof I, the faid George Thomas^ have hereunto fef 
 
 my hand and feal the day of in the 
 
 fortieth year of the reign of our fovereign Lord George 
 the Third, &c. and in the year of our Lord 1800, 
 
 No. XLVI. 
 
 A PROVISO for reducing an Annuity in Cafe, 
 of Payment within a given Time. 
 
 PROVIDED ALWAYS NEVERTHELESS, 
 
 and it is the true intent and meaning of thefe prefents, 
 and of all the faid parties hereto, AND the faid C. D. 
 doth hereby for hitnfelf, his executors, adminiftrators 
 and ailigns, covenant, ptomife, and agree to and with 
 the faid A. B. his executors and adminiftrators, by 
 thefe prefents, That if and in cafe the faid A. B. fhall 
 and do well and truly pay or raufe to be paid unto the 
 faid C. D. his executors, adminiflrators and'affigns, the 
 full and clear" fum of 45/. of lawful money of Great 
 Britain^ on or before or within thirty days next after 
 
 the '. day of next enfuing the date of 
 
 thefe prefents, being the fecond quarter or half yearly 
 
 day appointed for the payment of the faid annuity of 
 
 I \ op/.
 
 APPENDIX OF PRECEDENT 
 
 xoo/. as aforefaid, and fo from time to time, at or be- 
 fore or within thirty days next after every other fuc- 
 ceeding half yearly day of payment, {hall and do well 
 and truly pay or caufe to be paid unto the faid C. D. 
 his executors, adminiftrators or affigns, the fum of 4$/. 
 of lawful money of Great Britain, and (ball continue 
 during the life-time of him the faid A. B. by fuch 
 half yearly payments of 457. to pay and fatisfy the faid 
 annuity to the faid C. D. his executors, adminiftrators 
 and affigns, (hall and will receive and accept of fuch 
 fums of 45/. fo to be paid by half yearly payments, in 
 full payment difcharge and fatisfa&ion of any greater 
 fum of money fo agreed to be paid as aforefaid, and 
 as and for full payment of the faid annuity, or yearly 
 rent, or fum of ioo/. any thing herein before in thefe 
 prefents ' contained to the contrary thereof in any wife 
 'notwithstanding.
 
 CHAP. XV. 
 
 MEMORIALS. 
 
 No. XLVII. 
 
 A MEMORIAL of the Grant of an Annuity 
 for the Life of the Grantor, fecured by 
 Bond, Warrant of Attorney, and A^ign* 
 ment of Dividends, with a Claufe for Re- 
 demption, where the Confidcration- Money is 
 paid by a Bill of Exchange (*). 
 
 A Memorial to be inrollcd in his Majefty's 
 High Court of Chancery, purfuant to Aft 
 of Parliament of 
 
 /^* Bart.") A BOND or obligation under the Bond, 
 to I hand and feal of Sir Thomas W- of 
 
 Hallett. J r~ in the county of -r r Bart. 
 
 bearing date the 5th day of July, 1799, WHEREBY 
 the faid Sir Thomas W. bound hirnfelf, his heirs, sxe- 
 curors and adminiftrators, unto ff^illiam Hallctt, of 
 
 merchant, in the penal fum of 2,4.00!. with 
 
 a condition thereunder written for making the fame 
 
 * Sec Precedent, No. 8, of which t|m js a memorial. 
 
 1 1 % void,
 
 484 APPENDIX OF PRECEDENTS. 
 
 void, on payment by the faid Sir Thomas W. hw 
 heirs, executors, or adminiftrators, to the faid Wil- 
 liam Hallett) his executors, adminiftrators or afligns, 
 during the natural life of the faid Sir Thomas W. one 
 annuity or yearly fum of 200/. of lawful money of 
 Great Britain^ free from taxes and clear of all other 
 deductions whatfoever, at or on the days or times 
 therein and in the faid indenture hereinafter memo- 
 rialized mentioned, together with a proportionable 
 part of the faid annuity for the time which fhould 
 elapfe between the laft of the faid day's payment pre~ 
 ceding the day of the death of the faid Sir Thomas W* 
 and the time of his deceafe, and which faid annuity or 
 yearly fum of 2OO/. was given and granted to the 
 faid William Hallett^ his executors, adminiftrators and 
 afligns, in confideration of the fum of I,2OO/. paid to 
 the faid Sir Thomas W. in manner therein and in the 
 faid indenture hereinafter memorialized mentioned, 
 and was alfo made fubjefl to repurchafe on the terms 
 and conditions therein and by the fame indenture 
 mentioned. 
 
 Warrant of at- ALSO of a warrant of attorney under the hand and 
 torney. fea j of the faid Sir j-/ }omas W. bearing date the faid 
 
 ^th day of y/y, 1799? whereby the faid Sir Thomas W. 
 authorifed and empowered yobn Doe and Richard Roe t 
 attornies of his Majefty's Court of King's Bench at 
 Wejlminjler, or any other attorney of that court, to 
 confefs a judgment againft him in the faid Court of 
 King's Bench in an action of debt upon the faid 
 bond for the faid fum of 2,40O/. and colts of fuit, at 
 the fuit of the faid William Haliett. 
 
 Indenture. AND ALSO of an indenture tripartite, bear- 
 ing , elate the faid 5th day of July, I799> and made 
 between the faid Sir 'Thomas W. of the firft part; the 
 faid William Halleit of the fecond part, and "John 
 Thomson, of . g ent - of the third part* j 
 
 * The grantor's title to the fecurity, although advifeahle to tic fet 
 forth m the deed, is not required to he inferted in the memorial ; 
 it is fufficient if the fame is done by reference. 
 
 WHEREBY
 
 APPENDIX OF PRECEDENTS, 
 
 WHEREBY the faid Sir Thomas W. in confidera- Caufe and ex- 
 fion of the fum of i,2oo/. of lawful money of Great P ences - 
 Britain to him in his own proper pe rfon * paid by the 
 faid William Hallett in his own proper perfon f at or 
 before the execution thereof in manner following j 
 (that is to fay) by a bill of exchange bearing date the 
 
 day of drawn by the faid William Hal- 
 
 left upon and accepted by yohn Doe for the faid fum of 
 i,2OO/. payable to the faid William Hallett or order 
 two months after the date thereof, and by the faid 
 William Hallett indorfed to the faid Sir Thomas W. 
 and the fum of /. in cafh, being lawful intereft on 
 the faid bill of exchange from the day of the date thereof 
 until the actual day of payment thereof, out of which 
 faid fum of r,2Oo7. the faid Sir Thomas W. imme- 
 diately after receiving the fame paid to A, B. of 
 
 gent, the fum of /. for attendances refpe&ing the 
 
 granting of the faid annuity, and for preparing and 
 perfecting the feveral fecurities for the fame, and alfo 
 the further fum of 67. forcommiffion for procuring the 
 faid fum of I,2oo7. The faid Sir Thomas W. did grantGrantof anH 
 and confirm unto the faid William Hallett, his exe- nuity ' 
 cutors, adminiftrators and affigns, for and during the 
 term of the natural life of him the faid Sir Thomas W. 
 one annuity or yearly fum of 2OO/. to be charged upon 
 and ifluing out of the dividends of the feveral fums 
 of9,ioo/. Eaft- India flock and 2O,ooo/. confolidated 
 3 per cent, annuities thereinafter aifigned, payable 
 unto the faid William Hallett^ his executors, admi- 
 niftrators and affigns, at or in the common dining- 
 hall of Lincoln's Inn, in the county of Middlefex^ by 
 two equal half-yearly payments in the year, that is to 
 
 fay, the day of and the day of 
 
 in every year, by even and equal portions, 
 
 the firft payment thereof to begin and be made on the 
 
 " * If the confideration is paid to an agent for the grantor, the 
 fame muft be ftated. 
 
 f The like if paid by an agent for the grantee. 
 
 ii 3 -
 
 APPENDIX OF PRECEDENTS. 
 
 day of next enfuing the date thereof, 
 
 withouc any deduction or abatement out of the fame 
 or any part thereof in refpedt of taxes, charges, rates, 
 afleflments, or other impositions whatfoever, then or at 
 any time thereafter to be taxed, charged, rated, af- 
 fefled, or impoied upon the laid dividends, or upon 
 the laid annuity of zoo/, or upon the faid Sir Tbo- 
 tnas W. or the faid William Hallett^ his executors, 
 adminiftrators, or afligns, in refpecl: thereof by au- 
 thority of parliament or otherwife howfoever, toge- 
 ther with a proportionable part of the fame annuity 
 for the time which fhould elapfe between the laft of 
 the faid days of payment preceding the day of the 
 deceafe of the faid Sir Thomas W. and the time of 
 Covenant for fuch his deceafe. IN which faid indenture is con- 
 P*y entofan -tained a covenant on the part of the faid Sir Tho- 
 mas W. his heirs, executors, and adminiftrators, for 
 payment of the faid annuity on the days and times and 
 Afsignment of in manner before mentioned. AND the faid Sir Tho- 
 dividends. mas yy by t |j e fojj indenture hereby memorialized, 
 DID (with the confent and approbation and by the 
 direction and appointment of the faid William Hal- 
 lettj teftified as therein mentioned) bargain, fell, af- 
 fign, transfer and let over unto the faid 'John Thompfon^ 
 his executors, adminiftrators and afligns, All the inte- 
 reft, dividends, and annual produce of the faid feveral 
 fums of 9,ioo/. Eaft-India ftock and 20,ooo/. confoli- 
 dated 3 per cent, annuities, to which he the faid Sir 
 Thomas W. was intitled for his life under and by vir- 
 tue of a certain therein recited indenture of fettlc- 
 ment made upon and previous to his marriage, bearing 
 date, &c. and made between, &c. AND all the right, 
 title, intereft, property, claim and demand whatfo- 
 ever, as well legal as equitable, of him the faid Sir 
 Thomas W. of in to or out of the fame, TO HOLD 
 unto the faid John Thompjon^ his executors, adminiftra- 
 tors and afligns, during the natural life of the faid 
 Tmfts of the Sir Thomas W. UPON TRUST to receive the fame, 
 ' and thereout to pay unto the faid William Hallett^ 
 
 his executors, adminiftrators and afiigns, the faid an- 
 5 nuity
 
 4*7 
 
 nuity or yearly fum of 20o/. mentioned and intended 
 to be thereby granted and fecured during the natural 
 life of him the faid Sir Thomas W. and all arrears 
 thereof, and all cofts, charges and expences (if any) 
 as they the faid William Hallett and John Thompfon^ 
 or either of them, their or either of their executors, 
 administrators, or afligns, fhould pay, fuftain, ex- 
 pend, or be put unto for or by reafon or means of the 
 non-payment of the faid annuity, or clear yearly fum 
 of 200?. or any part thereof, at or on the days and 
 times, and in the manner therein before exprefled or 
 appointed for the payment of the fame, or the per- 
 formance of the trufts thereby created, exprefied, or 
 declared, and alfo to pay the refidue of the faid inte- 
 reft, dividends and annual produce and premifes men* 
 tioned to be thereby afligned unto the faid Sir Tho- 
 mas W. and his afligns, or as he or they fhould order, 
 dire&, or appoint, and for no other ufe, intent, or 
 purpofe whatlbever. AND in the now memorializing Power of attot* 
 indenture is contained the ufual power of attorney, ney ' 
 enabling the faid John Thompfon^ his executors, ad- 
 miniftrators and afligns to recover and receive the di- 
 vidends thereby affigned upon the trufts therein and 
 herein before mentioned, and likewife the ufual cove- 
 nants on the part of the faid Sir Thomas IV. his heirs. Covenant to 
 i TL /!_! / i pay annuity, 
 
 executors or admimlrrators, for his title to fuch mte- and for title. 
 
 reft and dividends. AND it is by the hereby me- Defeafance on 
 morializing indenture declared, That the judgment J ud S ment - 
 which fhould be entered up on the faid bond, by virtue 
 of the faid warrant of attorney, hereby memorialized, 
 Ihould be confidered as a fecurity only for better and 
 more effe&ually fecuring the payment of the faid an- 
 nuity of 200/. at the days and times and in manner 
 before mentioned, and that no execution or executions 
 fhould be iflued or taken out upon the faid judgment, 
 unlefs fome payment or proportion of the faid annuity 
 of 200/. or fbme part thereof fhould be in arrears for 
 2i days, and then and fo often and in every fuch 
 cafe it fhould be lawful for the faid William HaUett y 
 his executors, adminiftrators, or afEgns, to fue out 
 r i 4 .fuch
 
 488 APPENDIX OF PRECEDENTS. 
 
 fuch execution or executions upon or by virtue of 
 the faid judgment therein before mentioned, as he or 
 they fhould think fit or be advifed for the recovery 
 of the arrears of the faid annuity of 2OO/. and every 
 part thereof, and all cofts and charges occafioned by 
 the non-payment thereof, and that it mould not be ne- 
 ceflary for the faid William Hallctt^ his executors, 
 adminiftrators, or affigns, to revive or caufe the faid 
 judgment to be revived, or to do any acl, matter, or 
 thing to keep the fame on foot, notwithstanding the 
 laid judgment fhould have been entered on record for 
 the fpace of one year or upwards, and notwithftand- 
 ing any rule or practice of the faid court in which 
 the faid judgment fhould be entered on record to the 
 contrary j AND that the faid Sir Thomas W. his exe- 
 cutors or adminiftrators fhould not take any advantage 
 for want of reviving or keeping the faid judgment on 
 foot ; AND it is thereby declared, That after the de- 
 ceafe of the faid Sir Thomas W. and full payment of 
 all arrears of the faid annuity of 2oo/. and fuch pro- 
 portionable part thereof as aforefaid, and all fuch 
 cofts, charges, damages, and expences as aforefaid, 
 and all other cofts, charges, damages, and expences 
 in anywife relating to the faid judgment and premifes, 
 he the faid William Hallett, his executors, adminif- 
 trators or afligns, fhould at the requeft and at the 
 cofts and charges of the heirs, executcrs or admi- 
 niftrators, of the faid Sir Thomas W. acknow- 
 ledge fatisfa&ion of the faid judgment upon the record 
 Claufe for re- tnereo ^ AND by the now memorializing indenture 
 demption. the faid William Hallett^ for himfelf, his heirs, exe- 
 cutors, adminiftrators and affigns, did covenant with 
 the faid Sir Thomas W. his heirs, executors and ad- 
 miniftrators, That in cafe the faid Sir Thomas W. 
 fhould at any time thereafter be minded and defirous 
 of repurchasing the faid annuity or yearly fum of 
 2OO/. and of fuch his intention fhould give unto 
 the faid William Hallett, his executors, adminiftra- 
 tors or affigns, notice in writing by the fpace of 
 feven days, that he the faid William Halktt, his ex- 
 ecutors,
 
 APPENDIX OF PRECEDENTS, 4*9 
 
 ecutors, adminiftrators or affigns, fliould and would 
 from the time fuch notice fhould be given as laft 
 aforefaid, on receiving all and every fum and (urns 
 of money whatfoever that fhould be due for the 
 arrears of the faid annuity of 2OO/. together with a 
 proportionable part thereof, from the lait day of pay- 
 ment thereof preceding fuch repurchafe up to the day 
 of repurchafing the fame as aforefaid, accept, receive 
 and take the fum of I,3OO/. being the original pur- 
 chafe-money, and one half-yearly payment of the faid 
 annuity of 2OO/. of lawful money of Great-Britain^ 
 as and for the confideration of fuch repurchafe as and 
 in full for the repurchafe of the faid annuity or yearly 
 fum of 2oo/. fecured as aforefaid ; and on receipt of 
 the faid fum of i,300/. and ail arrears of the faid an- 
 nuity or clear yearly fum of 2co/. fecured as afore- 
 faid, and fuch proportionable part thereof as afore- 
 laid, fhould and would, at the proper cofts and charges 
 in the law of him the faid Sir Thomas W. deliver 
 up the faid bond and the now memorializing inden- 
 ture to the faid Sir Thomas W. to be cancelled and ac- 
 knowlege, or caufe fatisfa<ftion to be acknowledged 
 on the record of the faid judgment that fhould be 
 entered up by virtue of the faid warrant of attorney, 
 and then and in fuch cafe the faid annuity or yearly 
 fum of 200/. and all powers and authorities therein 
 contained for recovering the fame, and enforcing the 
 
 payment thereof, fhould ceafe, determine and be void. 
 r '-.TTTT*-irT / i i r r i r Averment that 
 
 WHICH faid annuity or yearly fum of 200/. le- a n t j ie iecuri- 
 
 cured by the faid indenture hereby memorialized is ties relate ty 
 , r J . i / r ~ ; r one annuitv. 
 
 the fame annuity or yearly lum or 20O/. as is le- 
 
 cured by the laid bond and warrant, of attorney hereby 
 alfo memorialized, and the fame indenture, bond, and 
 warrant of attorney were given and executed for fe- 
 curing one and the fame annuity of 200/. AND which a 
 faid annuity or yearly fum of 200/. was fo granted 
 and fecured in confideration of the fame fum of i,200/. 
 paid by the faid Will'mm Hallett, in his own proper 
 perfon, to the faid Sir Thomas W, in his own proper 
 
 '.perfon
 
 490 APPENDIX OF PRECEDENTS. 
 
 perfon at the time of the execution* of the faid inden- 
 ture, bond, and warrant of attorney, in the prefence 
 of Robert White, of, &c. gent, and John Day, clerk 
 to the faid Robert White, in manner in the faid in- 
 denture and bond and herein before particularly men- 
 ftecution of tioned and exprefled, and which faid bond and warrant 
 of attorney, as to the due execution thereof by the 
 faid Sir Thomas W. and which faid indenture, as to 
 the due execution thereof by the faid Sir Thomas W. 
 William Halktt and John Thompfon are refpe&ively 
 witnefied by the faid Robert White and John Day\> 
 
 * If the confideration-money is not paid at the time of the exe- 
 cution, o: on. the c'ay on which the deed bears date, it Ihould be 
 ilated when it is. 
 
 f If the deeds are executed on the day the fame bear date, then 
 add thefe words " And vrbith f aid indenture, bond and irarran' of at- 
 " torney, lub'uh purport to bear date on the $tb day of 'Julr, 1799, were 
 " executed hy the faid fcveral pericrs and in manner eif'.refaid, on tire lOtk 
 " day tf the fame mantb of July." 
 
 No.
 
 APPENDIX OF PRECEDENTS. 
 
 No. LXVII. 
 
 A MEMORIAL of an Alignment of Dividends 
 Jlanding in the. Name, of the Accountant- 
 General^ by Husband and IViJ'e, fur fecur~ 
 big an Annuity during the Life of the lVife\ 
 and of a Bond and Warrant of Attorney 
 given by the Husband for better fecuring 
 the fame.* 
 
 A Memorial to be Inrolled, c. 
 
 Hall and wife "1 A BOND or obligation under the 
 to thand and feal of John Hall, of, &c. 
 
 Hunt. J gent, bearing date the day of 
 
 whereby the faid John Hall bound himfelf, 
 
 his heirs, executors, and adminiftrators, unto Mat- 
 theiu Hunt, of, &c. Efq. in the fum of ia8o/. with 
 a condition thereunder written for making the fame 
 void in payment by the faid John Hal', his heirs, ex- 
 ecutors or adminiftrators, to the faid Matthew Hunt> 
 his executors, adminiftrators or afligns, during the 
 natural life of Hannah Hall, wife of the faid John 
 Hall, of one annuity, or yearly fum of 8o/. of lawful 
 money of Great Britain, free from taxes, and clear of 
 all other deductions whatfoever, at or on the days and 
 times therein and in the faid indenture hereinafter 
 memorialized mentioned, together with a proportiona- 
 ble part of the faid annuity for the time which fhould 
 elapfe of the quarterly payment of the faid annuity 
 next preceding the day of the death of the faid Hannah 
 Hall to the day of her deceafe, and which faid annuity 
 (as in lajl Precedent). 
 
 * See Precdent No. IX. 
 
 Alfo
 
 493 
 
 APPENDIX OF PRECEDENTS, 
 
 Alfo of a Warrant of Attorney, Sec. (as in loft 
 Precedent. 
 
 Indenture. AND ALSO of an indenture bearing date the faict 
 
 day of and made between the faid 
 
 John Hall and Hannah his wife, of the one part, and 
 
 Confuleration the faid Matthew Hunt of the other part, WHEREBY 
 
 and expences. j n con f K | e ration of the fum of 640/. of lawful money 
 of Great Britain, to the faid 'John Hall and Hannah 
 his wife, in their own proper perfons, paid by the faid 
 Matthew Hunt, in his own proper perfon; out of 
 which faid fum of 6407. they the faid 'John Hall and 
 Hannah his wife, immediately after receiving the fame, 
 
 paid to R. W. of g ent - tne fum of for 
 
 attendances refpe&ing the granting of the faid annuity, 
 and for preparing and perfecting the feveral fecurities 
 for the fame, and for preparing and inrolling a memo- 
 rial thereof, the faid John Hall and Hannah his wife, 
 
 Aflignment. did bargain, fell, affign, transfer, and fet over unto 
 the faid Matthew Hunt, his executors, adminiftrators 
 and affigns, all the intereft, dividends, and annual 
 produce of the fum of 3,5007. 3 per cent, reduced an- 
 nuities, Handing in the name of the Accountant-Ge- 
 neral of the Court of Chancery, and to which the faid 
 Hannah Hall or the faid John Hall, in her right, was 
 intitled for her life, under and by virtue of the will of 
 John Hill, the late father of the faid Hannah Hail, 
 bearing date the 2d day of December 1755, and which 
 by a decree or decretal order of the faid Court of Chan- 
 cery, recited in the faid indenture hereby memorialized, 
 bearing date the i pth day of February 1 790, and made 
 in a caufe then depending, wherein Ann Hill, widow, 
 and Charlotte Hail (daughter of the defendants Hall 
 and his wife) an infant by the faid Ann Hill, her next 
 friend and others were plaintiffs, the faid John 
 Hall and Hannah his wife, and the Governor and 
 Company of the Bank of England and others were de- 
 fendants, was directed to be paid to her during her 
 life as aforefaid, and all the right, title, intereft, truft, 
 
 property,
 
 APPENDIX OF PRECEDENTS. 193 
 
 property, claim, and demand whatfoever, as well legal as 
 equitable, of them the faid John Hull and Hannah 
 his wife, and each of them, of in to or out of the 
 fame, TO HOLD the fame unto the faid Matthew 
 Hunt, his executors, adminiftrators, and affigns, for 
 and during the natural life of her the faid Hannah 
 Hull, UPON TRUST (State the whole t rafts created 
 by the deed.) In which faid indenture is contained the t ^ e erof at< " 
 ufual power of attorney for enabling the faid Matthew 
 Hunt, his executors, adminiftrators and afligns, to 
 receive the faid interell, dividends, and annual pro- 
 duce, of and from all and every the perfon and per- 
 fons whom it mould or might concern to pay the fame, 
 UPON THE TRUSTS therein and herein before 
 mentioned. AND by the faid indenture the faid John 
 Hall and Hannah his wife did authorife and empower 
 the faid Matthew Hunt, his executors, adrniniilrators 
 or affigns, either in his or their name or names, or in 
 the name of her the faid Hannah Hall, or otherwife, 
 to apply by petition or otherwife to the faid Court of 
 Chancery for the purpofe of carrying the trufts of 
 the faid indenture into execution, and that the expence 
 of fuch application fhould be borne and paid by the faid 
 John Hall and Hannah his wife; And for that purpofe 
 that the faid John Hall and Hannah his wife did 
 thereby direct the faid Matthew Hunt, his executors, 
 adminiftrators and afligns, to take and deduct out of 
 fuch monies and premifes fuch expences accordingly j 
 And further to do and execute all other act and acts 
 requifite or expedient for effectuating the premifes as 
 fully and effectually to all intents and purpofes, as 
 they the faid John Hall and Hannah his wife, or 
 either of them, might or could have done in their, his, 
 or her own proper perfons, if the faid indenture had 
 not been made; And in which faid indenture is 
 contained a covenant on the part of the faid John Hall, anil ibr title, 
 his heirs, executors or adminiftrators, for payment 
 of the faid annuity, on the days and times and in man- 
 ner therein and herein before mentioned, and alfo the 
 ufual covenants orj the part of the faid John Hall, for 
 j the
 
 APPENDIX OF PRECEDENTS. 
 
 Covenant that t^ e title to the intereft and dividends. WHICH faid 
 all the fecuri-^ annuity, or yearly fum of 8o/. fecured by the indenture 
 
 lies relate to 1.1 v j *t r v i 
 
 the Annuity, hereby memoralized, is the fame annuity, or yearly 
 
 one payment of f um o f g o /. as } s fecured by the faid bond and warrant 
 andexpences, of attorney hereby alfo memoralized ; and the fame in- 
 in execution denture, bond, and warrant of attorney, were given 
 ie *' and executed for fecuring one and the fame annuity, 
 or yearly fum of 8o/. and which fame annuity, or 
 yearly fum of 8o/. was fo granted and fecured in con- 
 federation of the fame fum of 6407. of lawful money of 
 Great Britain, paid by the faid Mfifhnv Hunt, in his 
 own proper perfon, to the faid John Hall and Hannah 
 his wife, in their own proper perfons, at the time of 
 the execution of the faid indenture, bond, and warrant 
 of attorney, in the prefence of Robert Webb, of, &c. 
 gent, and Thomas Drake, clerk to the faid Robert fVebb t 
 in manner in the faid indenture and bond herein be- 
 fore particularly mentioned and exprefledj which faid 
 bond and warrant of attorney, as to the due execution 
 thereof, refpe&ively by the faid John Hal! y and which 
 faid indenture as to the due execution thereof by the 
 faid J.bn Hall and Hannah his wife, and the faid 
 Matthew Hunt, are refpeftively witnefled by the faid, 
 
 Robert Webb and Thomas Drake. 
 
 No.
 
 APPENDIX OF PRECEDENTS. 
 
 No. XLVIII. 
 
 A MEMORIAL of the Grant of an Annuity 
 
 for the Life of the Grantor, charged upon 
 
 an Eft ate which the Grantor is fdfed for 
 
 */ \/ -J 
 
 Life, and likeivife fecured by a Bond and 
 JVarratit of Attorney. * 
 
 A Memorial to be Inrolled, &c. 
 
 Lett, Efq.-J A BOND or OBLIGATION (from 
 to > Lott to Burtj for fecuring an annuity of 
 Burty Efq,J I00/. during the life of Lott, adhering to 
 (he form as in Memorial^ No. XLvL) 
 
 Alfo of a Warrant of Attorney, (as in fame 
 Memorial.) 
 
 AND ALSO of an indenture tripartite, bearing indenture; 
 date the faid day of and made be- 
 tween the faid Char 'es Lett, of the firft part; the faid 
 Richard Burty of the fecond part; and Robert Watts, 
 of, &c. gent, of the third part. WHEREBY the faid Conftderation 
 Char.es Lott, in confideration of the furn of ioo/. of * nd ex P eace * 
 lawful money of Great Britain, to him in his own pro- 
 per perfon, paid by the faid Richard hurt, in his own 
 proper perfon, at or before the execution thereof; out 
 of which (State payment of expences as in the deed.)~^- 
 the faid Charles Lott did grant and confirm unto the Grant of an- 
 faid Richard Burt, his executors, adminiftrators, and nmty ' 
 afligns, for and during the natural life of him the faid 
 Charles Lott, one annuity, or yearly rent-charge of 
 joo/. to be ifluing and payable, and growing out of, 
 
 See Precedent No. XIX. of which this is a memorial. 
 
 and
 
 496 APPENDIX OF PRECEDENTS. 
 
 and had, received, and taken by him the faid Richard 
 Hurt, his executors, adminiftrators, and afilgns, by 
 and out of and from the manors, mefiuages, lands, te- 
 nements, hereditaments, and premifes therein and 
 hereinafter particularly mentioned and defcribed, and 
 intended to be thereby granted and demifed, with their 
 and every of their appurtenances, payable unto die faid 
 Richard Burt, his executors, adminiftrators, and af- 
 flgns, at or in the common dining-hall of Lincoln's 
 Inn, in the county of Middlefex, by four equal quar- 
 terly payments in the year (that is to fay) on the 
 
 day of -i &c. by even and equal portions, to- 
 gether with fuch proportionable part of the faid annuity 
 which at the deceafe of him the faid Ch;.r'es Lott 
 fhould have elapfed of the quarterly payment growing 
 due at the time of his deceafe, the faid annuity or 
 yearly rent-charge to be paid without any abatement 
 or deduction whatfoever thereout, or out of any part 
 thereof, for or in refpedl of any taxes, charges, aflefT- 
 ments, payments, or other impofitions whatfoever, 
 then or thereafter to be taxed, charged, alleiled, or 
 impofed on the faid premifes, thereby charged there- 
 with, or any of them, or any part thereof, or upon 
 the faid Richard Burt, his executors, adminiftrators, 
 or afiigns, in refpect thereof, by authority of parlia- 
 ment or otherwife howfoever ; the firft payment of the 
 
 faid annuity to begin and be made on the day 
 
 of next enfuing the date thereof, and fuch 
 
 proportionable part to be paid immediately after the de- 
 Covenant for ceafe of the faid Charles Lo'.t. IN which faid indenture 
 annm^y r f * s conta i ne d a covenant on the part of the faid Charles 
 Lott, his heirs, executors, or adminiftrators, for pay*- 
 ment of the faid annuity, or yearly rent-charge, on the 
 . days and times, and in manner and form aforefaid. 
 Power of dif- AND in which faid indenture is contained the ufual 
 :is and entry. power of jiftrefs an( i entry f or payment of the faid an- 
 
 nuity, or yearly rent-charge of $ol. and all cofts and 
 charges attending the fame in default of payment 
 thereof, by the fpace of fourteen days next after the 
 days and times therein and herein before mentioned 
 and appointed for payment thereof, AND alfo the
 
 APPENDIX OF PRECEDENTS. 
 
 Ufual power of entry and perception of the rents and 
 profits of the faid premifes, for payment of the faid 
 annuity, or yearly rent-charge of 5o/. and all Coils and 
 charges attending the fame in default of payment of 
 the faid annuity, or yearly rent-charge, by the fpace of 
 twenty-eight days next after the days and times therein 
 and herein before mentioned and appointed for pay- 
 ment thereof. AND IT IS BY THE NOW ME- 
 MORIALIZING INDENTURE FURTHER WIT- Dem ;f e t 
 NESSED, That in cohfideration of IGJ. to the faid trultee - 
 Charles Lfftt in hand, paid by the faid Robert Watt^ 
 the faid Charles Lott (at the nomination and by the 
 direction of the faid Richard Surf, teftified as therein 
 mentioned) DID demife unto the faid Robert Watts y 
 his executors, adminiftrators, and afligns, ALL (State 
 the parcels, j together with all houfes, &c. and the 
 reverfion, &c. and all the ettate, &c. TO HOLD 
 the fame unto the faid Robert Watts, his executors, 
 adminiftrators, and afligns, from thenceforth for the 
 term of 99 years (if the faid Charles Lott {hould fo 
 long live) UPON TRUST to permit and fuffer theTruftsof rf,e 
 faid Charles Lott, and his afligns, to receive and take indeilture - 
 the yearly and other rents, iflues, and profits of the 
 faid premifes therein before mentioned, and intended 
 to be thereby demifed to and for his and their own ufe 
 and benefit, until fome default fhould happen to be 
 made of or in payment of the faid annuity, or yearly 
 rent -charge of MOO/, thereby granted, or fome part 
 thereof, at or on the days or times and m manner 
 therein before appointed for the payment thereof as 
 aforefaid. AND UPON FURTHER TRUST, 
 That in cafe the faid annuity, or yearly rent-charge of 
 i oo/. or any part thereof, mould happen to be behind 
 and unpaid for or by the fpace of fixty days next over 
 or after any of the faid days or times of payment, or 
 whereon the feme is therein before limited or appoint- 
 ed, and ought to be paid as aforefahl, then and as 
 often as it fhould fo happen, the faid Robert Watts, his 
 executors, adminiftrators, and afligns, fhould from 
 linre to time, by and out of the rents, fifties, and pro- 
 fits, of aH and fingulwr the premties thereby demifed, 
 K K r
 
 APPENDIX OF PRECEDENTS. 
 
 or by demifmg, leafing, or mortgaging the fame, ct 
 nny part thereof, for and during all or any part of the 
 faid term of 99 years,orbyfuch other ways and means as 
 to him the faid Robert Watts, his executors, adminiftra- 
 tors, or affigns, mould feem meet, raife and levy fuch 
 fum and fums of money as would be fufficient to pay 
 and fatisfy the faid annuity, or clear yearly rent-charge 
 or fum of ioo/. or fo much thereof as mould from 
 time to time happen to be in arrear and unpaid, and 
 alfo all fuch fum and fums of money, lofs, cofts, 
 charges, damages, and expences (if any) as the faid 
 Richard Burt and Robert Watts, their executors, ad- 
 miniftrators or affigns, or any of them, mould pay, 
 fuftain, expend, or be put unto for or by reafon or 
 means of the non-payment of the faid annuity, or 
 yearly fum of ioo/. or any part thereof, at or on the 
 days or times, and in manner therein before ex- 
 prefied or appointed for payment of the fame, or the 
 performance of the trufts thereby declared or exprefied, 
 of or concerning the fame premifes mentioned to be 
 thereby demifed, or the taking pofieffion and collect- 
 ing and receiving the rents, iflues, and profits thereof, 
 or otherwife howfoever relating thereto, and alfo to 
 pay, apply, and difpofe of the monies fo to be raifed 
 or levied, in or towards the payment or fatisfa&ion 
 thereof accordingly ; And pay to, or otherwife permit 
 and fuffer the faid Char es Lett and his afligns, from 
 time to time, to receive and take the refidue or over- 
 plus of the rents, ifTues, and profits of the faid thereby 
 demifed premifes, after full payment and fatisfaftion 
 of the faid annuity, or yearly rent-charge of ioo/. and 
 all arrears thereof, and all fuch cofts, charges, da 
 mages, and expences, to and for his and their own ufe 
 s to ^^ benefit. AND in the now memorializing indenture 
 it is declared, That neither the faid Richard Burt, hi* 
 executors, adminiftrators, or afligns, or the faid Ro- 
 bert Jatts t his executors, adminiftrators, or affigns, 
 fhould at any time thereafter make or take, or caufe to 
 be made or taken, any diftrefs or diftrefles upon the 
 faid capital meffuage or tenement, called Tooke's Hall, 
 or the lands thereunto belonging, or any part thereof, 
 
 for
 
 APPENDIX OF PRECEDENTS. 
 
 for the recovery of the faid annuity, or yearly fum of 
 ioo/. or any part thereof, or to make or do any aft, 
 matter or thing whatfoever, to compel or enforce the 
 payment of the faid annuity, or yearly fum of ioo/. 
 or any part thereof, from or out of the fame capital 
 mefluage or tenement, land and premifes, under or by 
 virtue of the powers, remedies, and authorities thereby 
 given and provided for recovering and enforcing the 
 payment thereof, unlefs fome quarterly payment there- 
 of mould be in arrear and unpaid for four calendar 
 months at the lead j And in which faid indenture is - 
 contained all ufual covenants for the title of the faid Covenants for 
 Char.'es Lott to the premifes thereby demifed. (Memo- titie< 
 rializf defeafance on th-e judgment, and clause for redemp- 
 tion^ adhering to the exprefs terms created by the deed, as 
 in Precttl:ni No. XLVL) WHICH faid annuity, Averment that, 
 
 r ' , , f /> all the fecuni 
 
 yearly rent-charge, or ium or ioo'. lecured by the laid ties relate to 
 indenture hereby memorialized, is the fame annuity, one annu ' t y 
 or yearly fum of ioo/. as is fecured by the faid bond 
 and warrant of attorney hereby alfo memorialized; and 
 the fame indenture, bond, and warrant of attorney were 
 given and executed for fecuringone and the fame annuity 
 of ioo/. AND which faid annuity, yearly rent-charge, Payment of 
 or fum of ioo/. was fo granted and fecured in confi- 
 deration of the fame fum of 700'. paid by the faid 
 Richard Burt y m his own proper perlbn, to the faid 
 Char.'es Lott, in his own proper perfon, at the time of 
 the execution of the faid indenture, bond, and war- 
 rant of attorney, in the prefence of R. W. of, &c. 
 gent, and J. D. clerk to the faid R. IV. in manner 
 in the faid indenture and bond, and herein before par- 
 ticularly mentioned and exprefled. (Statement of execu* 
 tion of deeds t as in Precedent Ne. 
 
 K * 2
 
 APPENDIX OF PRECEDENTS, 
 
 No. XLIX. 
 
 A MEMORIAL of the Grant of an Annuity, 
 fecured upon a Copyhold Eflate of Inheri- 
 tance for Three Lives, together with a 
 Bond and Warrant of Attorney *. 
 
 A Memorial to be inrolled, &c. 
 
 Prince 1 A BOND or obligation under the hand and 
 to t feal of James Prince, of, &c. Efq. bearing date 
 
 Roe. J the day of 1 79$, WHEREBY the 
 
 faid James Prince bound himfelf, his heirs, executors 
 or ndminiftrators, unto Edward Roe, of, &c. Efq. in 
 the penal fum of i6oo/. with a confideration there- 
 under written for making the fame void on payment 
 by the faid James Prince, his heirs, executors or ad- 
 nnniftrators, to the faid Edward Roe, his executors, 
 adminiftrators or afligns, during the natural lives of 
 A. B. C. D. and E. F. and the life of the furvivor or 
 longeil liver of them, one annuity, or yearly fum 
 of ioo/. of lawful money of Great Britain, free from; 
 taxes and clear of all other deductions whatfoever, on 
 
 two days or times in the year (that is to fay) the 
 
 day of and the ; day of - by even 
 
 and equal portions, the firft payment thereof to begin 
 
 and be made on the day of next en- 
 
 fuing the day of the date of the faid bond or obliga- 
 tion, together with a proportionable part of the faid 
 annuity for the time which mould elapfe between the 
 laft of the faid days of payment, preceding the day of 
 
 * See Precedent No. XXVIII. of which tltis is a nwmoyial. 
 
 3 the
 
 APPENDIX OF PRECEDENTS, 
 
 the death of the furvivor of them A. B. C. D. and 
 . F. and the time of fuch furvivor's deceafe; And 
 which faid annuity, or yearly fum of ioo/. was given 
 sand granted by the faid Edward Roe, his executors, 
 administrators, and afligns, in confideration of the 
 fum of 8oo/. paid by the faid Edward Roe in manner 
 therein and in the faid indenture hereinafter memoria- 
 lized mentioned, and was alfo made fubjedl to re- 
 parchafe on the terms and conditions therein and by 
 the fame indenture alfo mentioned, 
 
 Alfo of a Warrant of Attorney, (as in Pre- 
 cedent No. XLl'I). 
 
 1 
 
 AND ALSO of an indenture bearing date the faid 
 
 -> .- day of 1 798, and made between the 
 
 faid 'James Prince and Mary his wife, of the one part, 
 and the faid Edward Roe, of the other part. WHERE- 
 BY the faid James Prince, in coiifideration of the furn Confideration 
 of 8oo/. of lawful, &c. in his own proper perfon, and expences> 
 paid by the faid Edivard Roe, in his own proper perfon, 
 out of which (State the expences as in tie deed]. The 
 faid James Prince DID for himfelf, and for the faid 
 
 Jbfary his wife, covenant, promife, and agree to and &****** to 
 
 11 < i /. i i T i i mi furreruier copy- 
 
 witn the laid Edward Roe, his heirs and aihgns, lhat 
 
 they the faid James Prince and Mary his wife, and all 
 other perfon and perfons having any eftate or interefl 
 therein, would at the requeft of the faid Edward Roe t 
 but at the proper cofts and charges of the faid fames 
 Prince, furrender into the hands of the lady or ladies, 
 
 lord or lords of the manor of E. in the county of 
 
 for the time being, according to the cuftom of the faid 
 manor, ALA* (State the parcel ). To the ufe of the 
 faid Edward Roe, his heirs and affigns for ever, at the 
 will of the lady or ladies, lord or lords, according to the 
 cuftom of the faid manor, UPON CONDITION 
 neverthelefs, That if the faid James Prince fhould pay 
 the faid annuity, or yearly fum of ioc/. in manner 
 and form in the bond before memorialized mentioned 
 K if 3 and
 
 50* APPENDIX OF PRECEDENTS. 
 
 and appointed for payment thereof, then the faid fuiv 
 render Ihould be void. AND it is by the faid inden- 
 ture declared. That in cafe default fhould be made in 
 payment of the faid annuity, or yearly fum of ioo/. 
 according to the condition of the faid bond, then and 
 in fuch cafe he the faid L diuard ' ae, his heirs and af- 
 figns Ihould ftand feifed and poflefled of the premifes 
 therein covenanted to be furrendered, UPON TRUST 
 -v( State the whole trujh ; add the covenant of payment of 
 annuity - s covenants as to title \ defeasance on judgment \ 
 and cLufe for redemption, as in Precedent No. XLl^I. 
 only ridber'inz to the tenor of the deed.} 
 Surrender. ALSO of a furrender bearing date the fame .- - 
 
 day of 1798, made by the faid Barnes Prince 
 
 and Mary hii, wife, before "/ D. fleward of the faid 
 manor of E. of the faid copyhold premifes defcriaed 
 in the before memorialized indenture, and made in 
 purfuance of the covenant in fuch indenture contained, 
 and to the ufes thereof, for fecuring the payment of 
 the faid annuity of ioo/. (State the averment that 
 all the fecurities relate to one annuity j the payment of, 
 confederation and expences^ and execution of fecurities^ as, 
 tn Precedent No. 
 
 No,
 
 APPENDIX OF PRECEDENTS, 503 
 
 No. L. 
 
 A MEMORIAL of the Grant of an Annuity 
 
 charged upon real and perfonal Property 
 
 for the Life of the Grantor, and Ukewifc 
 
 fecured by Bond and Warrant of Attorney*, 
 
 A Memorial, &c. of 
 
 Seutt "> A BOND or obligation from Scutt to Short, Indenture. 
 
 to >f->r jeiU.'ing an annuity of 300!.. during the life 
 Short, j of Scutt, adhering to the form as in memirial 
 No. XLH. 
 
 Alfo of a Warrant of Attorney, (as in fame 
 Memorial}. 
 
 ALSO of an indenture tripartite, bearing date the 
 
 faid day of and made between the faid 
 
 'John Scutt, of the firft part ; the faid James Shorty of 
 the fecond part; and James Merry, of, &c. gent. d 
 the third part. WHEREBY the faid John Scutt, in 
 confideration of the fum of 2ioo/. of lawful money 
 of Great Britain, by the faid James Short, in his own 
 proper perfon, to the faid John Scutt, in his own pro- 
 per peribn, in hand well and truly paid at or before the 
 cxcecution thereof, out of which, &c. (State expences}. 
 The faid John Scutt DID grant and confirm unto the 
 faid James Short, his executors, adminiftrators, and 
 fligns, for and during the natural life of him the faid 
 
 * See Precedent No. XXII. of which this is a memorial. 
 
 KK 4 John.
 
 504 APPENDIX OF PRECEDENTS. 
 
 'John Scutt, one annuity, or yearly rent-charge, or fum 
 of 3007. to be iffuing and payable and going out of, 
 and had reeeived and taken by him the faid James 
 Shorty his executors, adminiflrators, and affigns, by 
 and out of and from the mefiuage or tenement and 
 
 premifes at in the county of Surry, and alfo 
 
 from and after the deceaL- cf E. P. the elder, out of 
 and from all and fingular the feveral meffuages or te- 
 nements, lands, hereditaments, and premifes, fituate 
 at in the county of Kent, hereinafter parti- 
 cularly mentioned and defcribed, and intended to be 
 thereby granted and demifed, with their and every of 
 their appurtenances, payable unto the faid James Scutt, 
 his executors, adminiftrators, and affigns, at or in the 
 common dining-hall of Lincoln's-Inn, in the county of 
 MidcllefeX) by four equal quarterly payments in the 
 
 year, (that is to fay) the day of &c by 
 
 even and equal portions, together with a proportiona-, 
 ble part of the faid annuity, which at the deceafe of 
 him the faid John Scutt fhould have elapfed of the 
 quarterly payment growing due at the time of his de- 
 ceafe, the faid annuity, yearly rent-charge, or fum of 
 3OO/. to be paid without any abatement or deduction 
 whatfoever thereout, or out of any part thereof, for 
 or in refpecT: of any taxes, charges, aflefTments, pay-- 
 ments, or other impofitions whatfoever, then or there-i 
 after to be taxed, charged, aflefied, or impofed on the 
 faid premifes thereby charged therewith, or any of 
 them or any part, thereof, or upon the faid James khort, 
 his executors, adminiftrators or affigns, in refpedl; 
 thereof, by authority of parliament or othtrwife how-! 
 foever ; the firft quarterly payment of the faid annuity 
 
 to begin and be made on the day of 
 
 next enfuing the date thereof, and fuch proportionable 
 part to be paid immediately after the deceafe of the 
 laid John Scutt. ( Ad.l power of dijlrefs and entry, and 
 
 ., c covenant to pay annuity- as in No. XLVIII.\ AND 
 Bemife of a . . , . ? * i- i c ', 
 
 freeholdeit2te.it 1S D y the now memorializing indenture further wit-? 
 
 nelfed, That in coafideration of IO.T. to the faid John 
 Scutt in hand paid by the faid James Merry ^ the faid 
 
 Jehu
 
 APPENDIX OF PRECEDENTS. 503 
 
 John Scutt (at the nomination and by the dire&ion of 
 
 the faid 'James Short] teftified as therein mentioned, 
 
 DID demife unto the faid James Merry, his executors, 
 
 adminiftrators, and afligns, ALL (State the parcels], 
 
 TO HOLD the fame unto the faid James Aferrv, his 
 
 executors, adminiftrators, and afligns, from and after 
 
 the deceafe of the faid E. P. the elder, for the term 
 
 of 99 years, fif the faid John Scutt fhould fo long 
 
 live-, the faid term to commence and be computed 
 
 from the day of the death of the faid E. P. the elder, 
 
 upon the trufts therein and hereinafter mentioned. 
 
 AND IT IS THEREBY ALSO WITNESSED, Af s i g nmet 
 
 That in confideration of the further fum of icxr. by the of leafehoM ' 
 
 faid James Merry to the faid John Scutt in hand, paid 
 
 the faid 'John Scutt (at the nomination and direction 
 
 of the faid James Short teflified as aforefaid) DID 
 
 affign and fet over unto the faid James Mrrry, his 
 
 executors, adminiftrators and afligns, ALL that the faid 
 
 herein before mentioned mefluage or tenement and 
 
 premifes, fituate at in the county of Snrry 
 
 aforefaid, to which he the faid John Scutt was become 
 intitled in right of his wife Elizabeth S cutty late E. P. 
 the younger, fpinfter, under and by virtue of the laft 
 
 will and teftament of H. P. of in the county 
 
 of Efq. deceafed, and all the eftate, right, 
 
 title, interefl, pofleflion, term of years to come and 
 unexpired, claim and demand whatfoever, as well 
 legal as equitable, which the faid John Scutt then or 
 might ought or mould haye or claim in or to the faid 
 mefluage or tenement and premifes with the appurte- 
 nances, by force and virtue of any exifling leafe of 
 the faid premifes, or of the faid will of the faid H. P. 
 deceafed, TO HOLD the fame unto the faid James 
 Merryy his executors, adminiftrators, and affigns, for 
 and during all the eftate, term, and intereft of him the 
 faid John Scutt, therein provided he the laid John 
 Scutt fhould fo long live, UPON THE TRUSTS 
 therein and herein after mentioned. AND it is there- 
 by agreed and declared, That the faid James Merry ^ his 
 executors, acmiaiftrators, and afligns, fhould ftand
 
 506 APPENDIX" OF PRECEDENTS. 
 
 and be pofTefled of and interefted in the faid feveral 
 mefluages, &c. therein before mentioned to be thereby 
 demiied, and of the laid mefiuage or tenement and 
 premifes therein before mentioned, and intended to 
 be thereby affigned, upon truft (State the trujh. 
 verbatim.] AND IT IS BY THE SAID INDEN- 
 TURE ALSO WITNESSED, That for the better 
 fecuring the payment of the faid annuity of 3OO/. HE 
 Alignment of the laid "John Scutt DID affign and fet over unto the 
 dwUendSj fajj J ames Short, his executors, adminiftrators, and 
 aiftgns, ALL and every the dividends, intereft, and 
 annual produce of the feveral fums of 3ooo/. three per 
 cent, confolidated Bank annuities, and 6oo/. four per 
 cent, confolidated Bank annuities, to which he the faid 
 "John Scutt was intitled for his life under and by virtue 
 of a certain therein recited indenture of fettlement 
 made upon and previous to his marriage, bearing date, 
 &c. and made between, &c. ; And alib ALL thofe 
 two feveral annuities or yearly fums of IOO/. and 
 ioo/. to which he the faid John Scutt was intitled to 
 for his life, or for fo long time as the fame {hould con- 
 tinue and be payable under and by virtue of the faid 
 indenture of fettlement. AND likewife ALL and 
 every the dividends, intereft, and annual produce of 
 the laid two feveral fums of 500O/. and 6oo/ three per 
 cent, reduced Bank annuities, to which he the faid John 
 Scutt would become intitled for his life from and after 
 the deceafe of the faid E. P. the elder, under and by 
 virtue of the faid indenture of fettlement as aforefaid, 
 and ALL the right, title, intereft, truft, property, 
 claim, and demand whatfoever, as well legal as equi- 
 table, of him the faid 'John Scutt, of in to or out 
 of the fame, TO HOLD the faid intereft, dividends, 
 and annual produce of the faid feveral fums of 3000^ 
 three per cent, confolidated Bank annuities, and 6oo/. 
 four per cent, confolidated Bank annuities, unto the 
 faid James Short^ his executors, adminiftrators, and 
 afiigns, for and during the natural life of him the faid 
 John Scutt. AND TO HOLD the faid intereft, 
 dividends, and annual produce of the faid two feveral 
 annuities or yearly fums of ioo/. and ioo/. unto the 
 
 faitl
 
 APPENDIX OF PRECEDENTS, jo; 
 
 iid James Short, his executors, adminiftrators, and 
 afligns, for and during the natural life of him the laid 
 John Scutt, or for fo long a time as the fame Ihould re. 
 fpeftively continue and be paid ; AND TO HOLD 
 the faid intereft, dividends, and annual produce of the 
 iaid feveral fums of 50OO/. and 6oo/. three per cent, 
 reduced Bank annuities, from and after the deceafe of 
 faid E. P. the elder, for and during the natural life of 
 him the faid John Scutt. AND it is thereby declared 
 and agreed, That the faid James Short, his executors, 
 adminiftrators, and affigns, fhould ftand and be poiTdled 
 of and interefted in the faid intereft, dividends, annual 
 produce, annuities, and premifes therein before men- 
 tioned, and intended to be thereby afiigned, up- 
 pn the trufts (State the trufts verbatim.] IN 
 WHICH SAID INDENTURE is contained the P ower O f attor, 
 ufual power of attorney for enabling the faid James ne y- 
 Short, his executors, adminiftrators, and afsigns, to 
 receive the faid intereft, dividends, annual produce, 
 annuities, and premifes, of and from the faid Sir 
 H. M, &c. upon the trufts therein before men- 
 tioned. AND IT IS BY THE NOW ME MO- Direction to 
 RIALIZING INDENTURE FURTHER v/IT. 1 ^ 11 '^ 
 
 ^ Tr , fettlemiiit not 
 
 IM LbbbD, L hat for the further, better, and more ef-to vary fecuri- 
 feclually fecuring the faid annuity or yearly rent- tie J i - 
 charge of 30O/. unto the faid James Short, his execu- 
 tors, admiaiftrators, and afsigns, for and during the 
 natural life of him the faid John Scutt, the faid Jahn 
 Scutt DID thereby exprefsly declare, order, direct, 
 and appoint, That they the faid Sir H. M. &c. or fuch 
 other truftees as aforefaid, or the furvivor of them, 
 his executors or adminiftrators, (hould not at any time 
 or times thereafter during the natural life of him the 
 faid John Scutt, fell and difpofe of the faid capital 
 fums of 6oo/. and 500O/. three per cent, reduced 
 Bank annuities, 3OOO/. three per cent, confolidated 
 Bank annuities, and 6oo/. four per cent, confolidated 
 Bank annuities, and the faid two feveral annuities of 
 tool, and ioo/. or any part thereof, nor lend, place, 
 Jay out, or inveft the monies thereby arifing, or any 
 I part
 
 APPENDIX OF PRECEDENTS, 
 
 part thereof, in the purchafe of any government or 
 parliamentary ftocks or funds eftablilhed by law in 
 England or Ireland^ or upon the fecurity of any real 
 cftates in England or Ireland^ either of inheritance, or 
 held for lives with a covenant for perpetual renewal, 
 por fhould at any time or times call, receive, and take 
 in the monies fo to be lent or placed out on fecurities 
 as aforefaid, or fell and difpofe of the flocks, funds, 
 or fecurities fo to be purchafed as aforefaid, or any 
 part thereof, in purfuanceor by virtue, and in exercife 
 0nd execution of the power or authority to them in 
 that behalf given, limited, or referved in and by the 
 faid indenture of fettlement ; nor fhould they the faid 
 Sir H. M. &c. or the furvivor or furvivors of them, 
 or his heirs at any time or times during the natural 
 life of him the faid John Scutt^ fell and difpofe of or 
 convey the faid freehold mefiuages or tenements, 
 lands, hereditaments, and premifes therein before men- 
 tioned, and intended to be thereby demifed, or any 
 part or parcel thereof, to any perfon or perfons whom-r 
 foever, in purfuance or by virtue, and in exercife and 
 execution of the faid power and authority to them in 
 that behalf given, limited, and referved in and by the 
 faid indenture of fettlement, without the fpecial li- 
 cence and confent of the faid 'James, Shorty his execu- 
 tors, adminiftrators or afsigns ftrft had and obtained 
 for that purpofe ; but from the exercife and execution 
 of the faid powers and authorities, or either of them, 
 for and during the natural life of him the faid yohn 
 Scutt, he DID thereof exprefsly difcharge, fufpend 
 and prohibit the faid Sir H. M, &c. or fuch other 
 truftees as aforefaid, and the furvivors and furvivor of 
 them, his executors and adminiftrators, without fuch 
 the licence and confent of the faid 'James Sbort^ his 
 executors, adminiftrators or afsigns as aforefaid. IN 
 Covenants for WHICH SAID INDENTURE is contained the 
 ufual covenants on the part of the faid John Scutt for 
 his title to the faid feveral mefluages or tenements, 
 and premifes thereby demifed and afsigned, and alfo to 
 the faid intereft, dividends and annuities thereby alio 
 
 afligned.
 
 APPENDIX OF PRECEDENTS. 50* 
 
 afsigned. {Add defeafance on judgment^ claufe for re-* 
 Jemption t averment that all the fecurities relate to one 
 'and the fame annuity^ payment of confederation and ex- 
 pences, and execution of Jecurities. As in Prec. No. 
 XLW* 
 
 * From the manner in which thefe memorials are framed, the 
 practitioner will, by comparing the fame with the deeds to which 
 they relate, and adhering to what is laid down in the third chapter of 
 this work, feel no difficulty in framing a memorial of any fecuritie* 
 whatever; and therefore renders it unnecelFary 4 to fwell the work be- 
 vond the limits required. If the memorials mould be confidered prolix, 
 they have been lo framed with a view of avoiding any doubt being 
 -jailed thereon. 
 
 GENERAL
 
 GENERAL INDEX. 
 
 -See Scire Facias. 
 
 May be brought by the grantee againft the grantor of am 
 annuity to recover back the consideration-money paid, 
 When the annuity is fet afide for a defective memorial 
 101. 
 
 But not againft one who was only a furety 102. 
 
 Agent. See Expences. 
 
 Names of agents who pay the confideratkm-money to be 
 fet forth in the deeds 34. 64. 
 
 Agreement. ~See Contract. 
 
 Annuity. See Repurchafe. 
 
 What is an annuity i. 
 
 Difference between that and a rent-charge ib. 
 
 Of annuities for the lives of the grantors a. 
 
 Mw generally fecured ib. 
 
 Powers for recovery thereof when charged upon eftates 3. 
 
 when fecured upon perfonal property 5. 
 
 The interposition of the legislature ib. 
 
 The prefent method of procuring money 6. 
 
 Price generally paid for the fame, and expences thereon ib. 
 
 Annuities for the lives of grantees or others, how gene- 
 rally fecured 7. 
 
 Powers for recovery thereof 8. 
 
 Price generally paid for the fame, and expences thereon 9. 
 
 Proceedings on luing out execution for recovering arrears 
 of annuities 10. 
 
 Annuities as laleable as any other fpecies of property it. 
 
 Of claufes for reducing annuities, if punctually paid 16. 
 
 The claufe for that purpofe 481. 
 
 Of the covenant for the payment of annuities 18. 
 
 Annuities now regulated by an act of parliament 2,0. 
 
 What annuities are excepted by the aft 49. Si. 
 
 Annuity
 
 6 E fc E R A t 1 N D E Xi 
 
 Annuity Aft. 
 
 Title of the aft 21. 
 
 Confiderations thereon /. 
 
 The act of parliament 72. 
 
 How tar the intention of the legiflature has been an* 
 
 fwerd 30. 
 
 .ifi feclion of the aft 34* 
 2d feclion 53. 
 ^d feftion 54. 
 4th feclion 65; 
 5th feftiori 71* 
 6th feftion 74. 
 7th feclion 76. 
 Xth feftion 80. 
 
 Application to the Courts. See 'Jurisdiction. 
 
 .Appointment '. 
 
 By the grantor of an annuity of eftates in purfuance of 
 
 a power 393. 
 
 By a feme covert purfuant to a power contained in a deed 
 of feparation 206 ; 
 
 Alignment. See Table of Contents. 
 
 Of dividends of ftock, &c. to truftees for the life of ft 
 
 grantor 149. 176. 190. 450. 
 And produce of the refidue of a teftator's perfonal eftate' 
 
 after the expiration of three years from teftator's death 
 
 for the life of grantor 270. 
 Of accumulations of a teftator's eflate for payment of an. 
 
 nuity 272. 444. 
 
 Of dividends and annuities in poflefllon and reverfion 293. 
 Of dividends of ftock ftanding in the name of the Ac- 
 countant General for the life of a feme covert 159. 
 Of (lock and annuity by a feme covert payable to he* 
 
 under a deed of feparation and will 204. 
 By hufband and wife of a legacy and intereft 214. 
 Of a legacy and perfonal eftate by the grantor and a prior 
 
 annuitant to a truftee upon truft to invert a certain 
 
 fum for fecuring two annuities 370. 
 An abjolute aflignment of dividends 456. 
 
 of Annuity. 
 
 Of an annuity from the grantor and grantee to an afBgne* 
 
 freed from redemption 456. 
 Alignment of an annuity bond 457. 
 An aflignment of an annuity need not be inrolled 86. 
 
 of. Leafebold Eftatcs. 
 
 To a trnflee for fuch term as the grantor Jiath therein t 
 aud iliall live 223. 290. 
 
 By
 
 GENERAL IN TEX. 
 
 ASSIGNMENT of Leafehold Ejtates. 
 
 By mortgagees and mortgagors to the grantee of an 
 
 annuity, where part of the confideraion is paid in 
 
 difcharge of mortgage 313. 315. 
 By hufband and wife, which the wife is intitled to for 
 
 her life 305. 
 By grantor, who hath an abfolute intereft for fecuring an 
 
 annuity for two lives 330. 
 
 of Insurance, 
 
 Of a policy of infurance from fire 331. 
 The like for lives 474. 
 
 of Terms. 
 
 Of an outftanding term to a truflee for fecuring annuity, 
 and fubjecl thereto, in truft to attend the inheritance 
 431- 
 
 Of a term created for fecuring an annuity, in order that 
 the fame may be merged in the freehold 469. 
 
 To a truflee for an affignee 458. 
 
 ATTORNMENT. See Direfflons. 
 Of tenants 225. 
 
 AUCTIONEER. See Broker. 
 
 Auctioneers felling annuities by public auclion or private 
 contract within the penalty of the aft 78. 
 
 AUTHORITY. 
 
 For a grantee of an annuity to apply to the Court of 
 Chancery for an order for payment of dividends afiigned 
 at the expence of grantor 162. 
 
 BONDS.- See Table of Contents. 
 
 .. Recitals of. 
 For fecuring an annuity for the life of the grantor 14$, 
 
 217. 229. 461. 
 
 For the lives of three nominees and the furyivor 408. 
 For the lives of a man and his wife 229. 
 
 BROKER. See Auctioneer. 
 
 Solicitors, fcrivenersor brokers taking more than los. per 
 
 cent, for procuring money for annuities punifhed by 
 
 fine and imprifbnment 1%. 
 Five per cent, generally taken by brokers inftead of 
 
 io/. 77. 
 Auctioneers felling annuities by public auction or private 
 
 contract are within the penalty of the act 78. 
 The penalty of the act confined to fuch annuities only as 
 
 are iubjedted (hereto ib. 
 
 i t BROKER.
 
 514 GENERAL INDEX. 
 
 BROKER. 
 
 Benefits that would refult by increufing the premium t 
 brokers 79. 
 
 CERTIFICATE. 
 
 The certificate of inrollmcnt no evidence of an effectual 
 
 one 73. 
 How proved ib, 
 
 CLERGYMAN. See Table of Contents. 
 
 Covenant by clergyman, that in cafe he ftiould be preferred 
 to any ecclefiaftical benefice, that he would charge the 
 fame with an annuity by him granted, and that grantee 
 fhould be at liberty to fequefter the fame 463. 
 Covenant that in cafe the grantor of an annuity charged 
 upon a reftory fhall exchange er be preferred to any 
 other, he will charge the fame with annuity 245. 
 
 COMMISSION. See Broker, Retention. 
 CONDITION. See Bonds in Table of Contents. 
 
 CONSIDERATION. See Goods, Jurifdialon. 
 The true confideration muft be dated in the deeds for 
 
 fecuring the annuity 24. 55. 
 The money confideration fpecified in the act only diftin~ 
 
 gui (liable from goods ib. 
 Bank-notes confidered as money ib. 
 An antecedent debt is a good confideration 57. 
 Lord Kenyon's opinion thereon 58. 
 Bankers' cheques, bills of exchange or promifTory notes, 
 
 are good confederations for annuities, if paid when, 
 
 due 60. 
 
 B vi t muft be fully fet forth in the different fecurities 6r. 
 Country bank-notes and bankers' cheques muft be ftated 
 
 when payable ib. 
 If a judgment is the confideration, the fame muft be 
 
 ftated 62. 
 
 The confideration muft be ftated in every deed 63. . 
 But not in the warrant of attorney ib. 
 A leafe for a year, or a fine, need not ftate the cou- 
 
 fideration ib. 
 The name of the perfon who pays the confideration muft 
 
 be inferted in the deeds 64. 
 
 Notes are implied by the al to be a good confideration. 70 
 Payments otherwife than iu money not advifable ib.. 
 Recital of payment of confideration in a bond 114. 
 Statement of confideration money, when paid by a bill of 
 
 exchange, in a deed 147. 
 
 ~ by a promillbry note 248. 
 
 "' ..'. by a, backers' cheque 340. 
 
 CON-
 
 GENERAL INDEX 
 CONSIDERATION. 
 
 Statement of confideration money, when paid by part in 
 
 cafh and a banker's cheque 174. 
 ' when the confideration money is paid by an 
 
 agent for the grantee 239. 
 where the confideration is for a debt previously 
 
 owing ib. 
 Recital that a grantor cannot attend to receive confidera. 
 
 tien money, but directs the fame to be paid to his wife 
 213. 
 
 CONTRACT. 
 RECITAL 
 
 Of contract for the pufchafe of annuity from one obligor 
 
 to one obligee for the life of the obligor 113. 
 From two obligors to one obligee for the life of one of 
 
 the obligors 116. 
 From one obligor to one obligee for the lives of two 
 
 nominees 120. 
 From one obligor to one obligee for the lives of three 
 
 124. 
 From three obligors (when two are collateral fecurities) 
 
 to one obligee for the life of one of the obligors 128. 
 From one obligor to one obligee for the life of the obligee 
 
 133. 
 
 From one obligor to two obligees as tenants in commoi> 
 for the life of the obligor 137. 
 
 *. in Deeds for the Life of the Grantor. 
 
 Secured upon dividends of ftock 144. 189. 
 
 Secured upon the intereft of money under a marriage- 
 
 fettlementi where the grantor (who is a military man) 
 
 agrees to pay the extraordinary infurance on his life 
 
 upon going abroad 173. 
 Secured upon a legacy and intereft 2 1 2. 
 Secured by a deed of covenants only 460. 
 Secured by a deed of covenants of grantor and two others 
 
 216. 
 
 Charged upon a leafehold eftate 222. 
 Charged upon a reftory and vicarage 238. 
 Charged upon freehold,manors 251. 
 Charged upon the fhare of an eflate under a will 259. 
 Charged upon freehold and leafehold eftates, and divi. 
 
 dends of ftock 286.- 
 Charged upon a copyhold eltate 334. 
 For the life of a feme covert charged upon perfonal 
 
 property 158. 202. 
 The fike fecured upon a rent-charge devifed by will to 
 
 the wife 247. 
 The like fecured upon freehold and leafehold premifes 
 
 304. 
 
 L L * CON.
 
 GENERAL INDEX'. 
 
 CONTRACTyir two or more Lives. 
 
 For the lives of a man and his wife, and the fitrviror, 
 charged upon freehold eftates under a Settlement ill 
 
 For two lives charged upon a leafehold eftate 329. 
 
 The like fubjecl: to a mortgage 312. 
 
 For three Hves charged upon a eopyhold eftate of inheri- 
 tance 340. 
 
 For two lives fecured upon a legacy and the refiduc of a 
 perlbnal eflate 367. 
 
 . for three lives charged upon a freehold eftate 
 
 of inheritance 377. 393. 408. 420. 
 
 For two lives to two grantees as tenants in common 
 charged upon different property 440. 
 
 Recital of contract for the absolute purchafc of dividends 
 for the life of the grantor 449. 
 
 CONVEYANCE. See Table of Contents. 
 
 Of a rent-charge to a grantee upon trull for fecuring aa 
 annuity 248. 
 
 COPYHOLD. See Contratf, Cocienants^ txcepted 
 
 CajeS) and Memorial. 
 
 Recital of admiflion to a copyhold eftate 333. 
 of grantor being feifed of a copyhold eftate of in- 
 heritance 339. 348. 
 
 COVENANTS 
 
 To furrender copyhold premifes for fecuring an annuity 
 for the life ot the grantor, where he is leifed for life 
 
 335- 
 
 the like for fecuring an annuity for two lives, 
 
 where the grantor is feiied of the inheritance 349. 
 
 the like where the annuity exceeds the yearly 
 
 value of the eftate 340. 
 
 Ufual covenants inferted in a deed when an annuity is fe- 
 cured upon a copyhold eftate, where the party is feifed 
 for life 337. 
 
 The like where feifed of the inheritance in fee 346. 
 
 COVENANTS. See Clergyman^ Copyholds, Infur- 
 ance y and Fine. 
 
 for Payment of Annuities 
 
 For the life of the grantor 148. azo. 336. 462. 
 
 For the lives of two nominees 310. 336. 351. 
 
 For the lives of a man and his wife 237. 
 
 For three lives 383. 
 
 Power to affign, 151. 163. 192. 207. 20$. 298. 300. 450. 
 
 Lawfully feized 298. 244. 386. 
 
 Power to convey 401. 428. 
 
 Pi>wer to change and demife 244. 386. 
 
 Power to charge, demife and affign 299. 
 
 COVE.
 
 GENERAL INDEX. 
 
 COVENANTS. 
 
 For entry in default of payment 244. 299. 324. 
 
 Free from incumbrances 151. 162. 193. 474. 298, 301. 
 
 308. 314 373. 388. 402. 424. 432. 451. 459. 469. 
 For further aflurance i$z. 163. 245. 275. 299. 302. 308. 
 
 324- 374- 3 8 8- 403- 45. 
 That grantor will ratify afts done by virtue of Irufts 
 
 created 163. 180. 275. 301. 
 That aflignor of dividends will not revoke powers 
 
 given 151. 452. 
 That grantor will pay ground-rent and taxes of leafe- 
 
 hold premifes afligned 322. 
 That a leafe afligned is good, and hath power to afllgn 
 
 fame 323. 
 That in cafe grantor leaves the kingdom he (hall give 
 
 notice to grantee 179. 
 That affignee fhall peaceably receive dividends afligned 
 
 45i. 
 
 By an executor under a will to pay a certain fum out of 
 a perfonal eftate to a truftee for fecuring two annui- 
 ties, and to keep down annuities in mean time, pur- 
 fuant to directions to him given 374. 
 
 That grantor will join in a fale and conveyance to be 
 made to purchafers, and enter into the ufual covenants 
 
 404. 
 
 That a furviving and deceafed grantee has done no aft 
 incumber 457. 
 
 COURTS. See Jurifdiaio*. 
 DEBT. 
 
 An antecedent debt is a good confideration 57. 
 
 DECLARATION. &Y Provife and Terms. 
 
 By truftees under a marriagc-fettlement, that they will, 
 in purfuance of directions to them given, pay money 
 afligned 216. 
 
 That a grantor's joining with a truftec in a fale not efleiu 
 tial 344. 404. 
 
 That the receipt of truftee fliall be a fufficient difcharge 
 to purchafers 345. 401. 
 
 That truftee (hall not be accountable for lofs, without 
 wilful 346. 401. 
 
 That grantor will join in a fale and conveyance to be 
 made to a purchafer, and enter into the ufual cove- 
 nants 404. 
 
 That the joining of a truftee in the grant of an annuity 
 is only meant to charge the truft premifes, and not to 
 affeft the perfon or property of truftee 414. 
 
 L L 3 DE-
 
 GENERAL INDEX. 
 DECLARATION. 
 
 Deeclaration of trull of freehold eftates conveyed to a 
 truftee in truft to fell in default of payment of annuity, 
 containing fpecial claules 424. 
 
 DECREE. 
 
 Recital of 156. 
 
 DEEDS. See Security. 
 
 Annuity deeds declared void which dp not contain the 
 names of perfons by whom ? and on whole behalf the 
 conlideration-money is paid 24. 
 
 DEFEASANCE. 
 
 On a judgment entered up on a bond for fecuring annuity 
 152. 
 
 DEMISE See Table of Contents. 
 
 Of glebe lands and tythes for fecuring an annuity 241. 
 
 Of lands for terms to truftees for railing and paying ani 
 nui'ties 152, a6r. 269. 289. 383. 434. 443- 
 
 Of freehold and leafehold efttates to a truftee for 99 
 years (if grantor (hall fo long live, and the eftates, 
 terms and interefts therein ftiall fo long fubfift 269. 
 
 DIRECTION. See Receiver. 
 
 To truftees under marriage-fettlements not to vary fecuri. 
 ties without the confent of the grantee of annuities, 
 19. 179. 191. 296. 
 To tenants to attorn 225. 
 
 DISTRESS. 
 
 Powers of diftrefs and entry 233.315. 381. 412', 
 
 EXCEPTED CASES. 
 
 What annuities are excepted by the a6t 29. 81. 
 
 The principles upon which they are fo 82. 
 
 An eftate in fee, or in tail, though mortgaged for it 
 whole value, is within the exception ib. 
 
 So is an annuity granted under a joint power, when th$ 
 parties had the difpofition of the fee 83. 
 
 Copyhold eftates not excepted 85, 
 
 Nor leafeholds ib. 
 
 An annuity granted in consideration of giving up a bufi. 
 nefs eonfidered as a voluntary one, and therefore within 
 the exception ib. 
 
 But if money is made part of the confideration it muft be 
 inrolled 86. 
 
 Annuities not exceeding io/. per annum need not be in- 
 rolled, without more than one are granted ;o or in truft 
 for the fame grantee 30. 86. 
 
 Alignment of annuities do not require inrolhnent ib. 
 
 EX-
 
 GENERAL INDEX. 
 
 EXPENCES. See Memorial. 
 
 Neither the agreement as to expences upon the granting 
 
 of an annuity, nor the expences themfelves, areneccflary 
 
 to be ftated in deeds 47. 
 Reafons why advifable 51. 
 
 The utility there would be in taxing all conveyancing" 
 . bills 52. 
 
 RECITAL. 
 
 Of agreement for payment of expences ou granting an 
 
 annuity in a bond 114. 
 The like in a deed 230. 
 
 STATEMENT. 
 
 Of amount of expencps paid on granting an annuity in 
 
 a bond 114. 
 The like in a deed 147. 
 
 FEME COVERT. See Appointments. 
 
 FEE SIMPLE AND TAIL. Vide Exceptions. 
 Tenants granting annuities excepted out of the at 39. 
 
 FINE. 
 
 Covenant to levy a fine fur concetrerunt, and declaration 
 of the ufe thereof, for fecuring an annuity during the 
 lives of a man and his wife 230. 
 
 The Like of a rent-charge for the life of the wife 249. 
 
 The like of freehold premifes for the life of the wife 307. 
 
 GENERAL WORDS. 
 
 To a manor 4*1. 4*3- 
 
 GOODS. 
 
 A debt antecedently due for goods is a valid confidcration 
 
 for an annuity 69. 
 But goods themfelves are not ib. 
 
 GRANTS. See Table of Contents. 
 
 Of an annuity for the life pf the grantor, charged upon 
 
 dividends of flock 147. 175. 
 Secured by deed of covenant of grantor and two others, 
 
 218. 
 
 Charged upon a reftory and vicarage 240. 
 Charged upon freehold and Icafehold cftates 268. 287. 
 For two lives, charged upon a Icalehold eftate 316. 
 For three lives, charged upon a freehold eftate 379. 434. 
 For two lives 355. 368. 
 For two lives to two purchafers, as tenants in common, 
 
 charged upon different property 441. 
 1 For three lives by grantor and his truftce, iflTuing out of 
 
 manors, &c. where part of the property ii vcfted in a. 
 
 truftcc for the grantor 409. 
 
 L L 4 *N- 
 
 519
 
 GENERAL INDEX. 
 
 INFANTS. 
 
 All contrails made with infants void, and perfons foli- 
 
 citing the fame guilty of a mifdemeanor 27. 
 No prolecution been had thereon 75. 
 INROLLMLNT. See Memorial. 
 
 Dire&ions relating to the inrollment of memorials 26. 
 
 INSURANCE. See J/tgnment and Tale of Contents. 
 Of rlaufes for payment of extra infurance on grantor's 
 life 17. 
 
 Covenants 
 
 By a military man to pay any extra infurance on his 
 going abroad iu a military capacity 176. 
 
 To appear at an infurance-oftice 208. 
 
 The like, and to pay any extra infurance on his going 
 abroad 460. 
 
 That grantor will keep the premifes charged with an- 
 nuity infured from fire, and expend the money thereon, 
 3*- 33*- 
 
 Recital 
 
 Of a policy of infurance from fire 331. 
 The like for lives 474. 
 
 JUDGMENT. See Defeasance and Memorial 
 
 JURISDICTION. 
 
 Jurisdiction of the courts 88. 
 
 The fourth feftion gives jurisdiction in certain cafes Ib. 
 
 Thefe applications confined to grantor only 89. 
 
 When a warrant of attorney is part of the lecurity the 
 courts have an original jurifdiction by (taying proceed. 
 ings, but cannot order deeds to be cancelled 90. 
 
 Any perfon interelted may apply to the court's original 
 jurifdi&ion 91. 
 
 The courts are bound, ex officio, to take notice of an 
 annuity void under the aft ib. 
 
 re f ufe to let alide annuities when they have 
 
 before pafled in rem judicatam 92. 
 
 Lord Kenyon's opinion thereon 94. 
 
 What proceedings had will be a bar to an application 96. 
 
 The courts will not entertain a lecond application when 
 the merits have been before dilculfed ib. 
 
 Nor upon a representation of facts, which could only be 
 anfwered by the grantee's agent, whu was dead 98. 
 
 But no lapfe of time will of hlelf be a bar to an applica- 
 tion ib. 
 
 The courts will not fet alide an annuity for a mere cleri- 
 cal miliake ib. 
 
 4 JURIS.
 
 G ENERAL INDEX. 
 JURISDICTION. 
 
 If an annuity is fet afide for informality, the grantee may 
 
 recover back the confideration paid to grantor 10-1. 
 But not from one who was only a furety 102. 
 Practice in fuch cafes ib. 
 How applications are made to the court 108. 
 
 LEASE. See Alignment. 
 Recital of a leaie 310. 328. 
 
 of aflignment thereof 311. 338. 
 
 LEASE AND RELEASE. See Releafe and Leafe. 
 
 LETTERS OF ATTORNEY. See Powers of 
 Attorney. 
 
 MARRIAGE SETTLEMENTS. 
 
 Annuities fecured under them excepted by the aft 39. 
 Recitals of 141. 165. 181. 193. 210. 228. 378. 
 
 MEMORIAL.. See alfo Table of Contents. 
 Of the memorial to be inrolled 22. 33. 
 Of the time of inrolling fame 34. 
 The memorial muft be a full abftraft of the different fe- 
 
 curities ib. 
 
 Bond given by a furety muft be inrolled 35. 
 Alfo a warrant of attorney ib. 
 And a judgment, if entered up previous to the memorial 
 
 being inrolled 36. 
 Likewife furrenders of copyhold eftates, if made previous 
 
 to the memorial being inrolled ib. 
 Attornment of tenants and fcparate powers of attorney 
 
 to receive dividends Ihould be memorialized ib. 
 A fine cannot be 37. 
 Every inftrument that has its effect before the memorial 
 
 is inrolled mould be inferred therein ib. 
 The fame to be Separately memorialized ib. 
 The date of every inftrument to be let forth in memorial 
 
 3. 
 Alfo the names of all the parties and their descriptions 
 
 ib. 
 
 All the trufts muftbediftin&ly fet forth 39. 
 It is not fumcient to ftate that certain prcinifes were con. 
 
 veyed upon the trujis therein mentioned 40. 
 A memorial of any new deed under which the annuity 
 
 is fecured after it has been granted, mull likewifc be 
 
 inrolled ib. 
 
 The witnetfes to every deed to be fet forth 41. 
 Alfo any contingent annual expences 42. 
 An allowance to a receiver to be fet forth ib. 
 Ai.y extra infunmce to be paid by the grantor ib. 
 
 ME-
 
 GENERAL INDEX, 
 
 MEMORIAL. 
 
 And likewife when there is to be a diminution in the an- 
 nuity it" regularly paid 43. 
 A claufe prohibiting truftees in a fettlement from varying 
 
 fecuritie:- fhould be fet tbrth ib. 
 The names of thofe tor whofe life or lives the annuity 
 
 is granted, and if "-for the lives of the fur'vi'vor" mud 
 
 be (rated ib. 
 Nor necedary for the confideration to be fet forth more 
 
 than on.e, a reference being fufficient 44. 
 An agreement for repurchale indorfed upon a deed muft 
 
 be memorialized 45. 
 And likewife a claufe for repurchafe in the deeds them- 
 
 felves, and the efFe'61 thereof 46. 
 A defeasance on a judgment fhould be ftated 47. 
 Neither the agreement refpecting the expeaces, nor the ex- 
 
 pences themfelves, necetfary to be ftated in memorial ih. 
 Reafons why advifable 51. 
 A memorial of all annuities granted previous to the at 
 
 to be inrolled before any proceedings thereon 23. 54. 
 . 
 
 Ofjlatlng the different Inftruments and their Effeft. 
 Of bonds 483. 
 Warrant of attorney 484. 
 Confideration paid and expences 485. 
 (jrant O f annuity ib. 
 Covenant for payment of annuity 486. 
 .Aflignment of dividends ib. 506. 
 Power of attorney 487. 
 Covenants for title s^S. 
 Defeafance on a judgment ib, 
 Claufe of redemption 488. 
 Averment that all the fecurities relate to one annuity 
 
 489- 
 
 Power of diftrefs and entry 496. 
 Exception as fo diftrefs "498. 
 Covenant to furrender copyhold eftate 501. 
 Surrender 502. 
 
 Demife of a freehold eftate 497. 504. 
 Affignment of leafehold 505. 
 Direction to truflees under fettlement not to vary fecit; i- 
 
 ties 507. 
 
 Payment of confideration and expences 489. 
 Execution of the fecurities 490. 
 
 OBSERVATIONS. 
 
 General ones 104. 
 
 OFFICERS. 
 
 The half-pay of officers not affignable 6. 
 
 'PE,
 
 GENERAL INDEX. 
 PETITION. See Table of Contents. 
 
 POWERS OF ATTORNEY. See Receiver. 
 
 To receive dividends of (lock of truftees under a mar- 
 
 riage-fettlement 150. 178. 295.450. 
 The like (landing in the name of the accountant-general 
 
 161. 
 To receive rents and intereft of demifed and afligned pre- 
 
 mifea 274. 
 To receive monies from an executor under a will 372. 
 
 PROSECUTION. See Brokers, Infants. 
 
 PROVISO. See Declaration. 
 
 Forceafing a term created for fecj.iring an annuity on the 
 death of annuitants, or repurchasing annuity 389. 434. 
 Jn a releafe in fee, that alter the death of annuitants the 
 premifes conveyed, orjb much thereof as fhould not 
 be difpofed of linger the trufts of the deed, fliould be 
 in truft for grantor 344. 400. 438. 
 
 That grantor (hall not be called upon to pay annuity for 
 three years, but without prejudice to lecurities 
 276. 
 
 For re-affignment of a leafehold eftate upon the death of no- 
 minees 321. 
 
 That no diftrefs (hall be made upon a manfion-haufe and 
 lands belonging thereto, unlefs annuity ihall be in arrear 
 four calendar months 254. 
 
 DECEIVER. 
 
 Covenant that grantor will not revoke the appointment 
 
 of receiver without the content of grantee, and ia 
 
 cafe the prefent receiver dies or refutes to act, grantor 
 
 will appoint another 436. 
 
 That receiver will pay annuity out of the rents 263. 435. 
 Pirection to receiver oi" an eftate to pay annuity out of 
 
 the rents ik. 
 
 Power of attorney to receive rents of a receiver 263. 
 Provifo for appointing another receiver in cafe of the 
 
 death of the prefent one, or hi* declining tu uct 262. 
 264. 436. 
 
 Recitals as to receivers of eftates 264. 435. 
 r- of agreement for the appointment of a receiver, 
 
 and for fuch receiver to pay grantor's (hare of eftates to 
 
 a truflee for fecuring annuity 262. 
 
 RECITALS. See Bonds, Decree, Wills, Marriage- 
 Settlements, Contracts, Receiver, Lecije. 
 That grantor is feilt-il of premifes in fee 391. 435. 
 That grantor is mulled to a Icalehold cftate 3*5. 
 3
 
 $24 GENERAL INDEX* 
 
 RECITALS. 
 
 That premifes fland limited to ufes to bar dower 391. 
 
 39*. 
 
 Of a deed creating a term, and that by divers mefhe 
 arguments the fame was become veiled in a ti uftee for 
 fecuriiig money lent on mortgage, which had been 
 fmce difcharged, and agreement for afligning fame to a 
 truftee in truft for fecuring annuities 430. 
 
 Of the transfer of flock 355. 
 
 Of default of payment of a mortgage, whereby pre- 
 mifes became verted in mortgagees 312. 
 
 That grantor is rector and vicar of two parimes 238. 
 
 Of trull-monies being verted in other fecurities 175. 
 
 That money under a fettlement remains outftanding o'a 
 fecurities 189. 
 
 Of marriage having taken effect 172. 188. 
 
 Of a deed of feoaration 198. 
 
 Of a deed-poll "188. 
 
 On the grant of annuity by hufband, that the hufband 
 cannot attend to receive the purchafe-money, but di- 
 rects the fame to be paid to his wife 213. 
 
 Of deaths 197. 209. 247. 459. 263. 
 
 Of deaths and probate of wills 267. 
 
 Of grantors having attained twenty-one 363. 440. 
 
 Recital of the grant of annuity for three lives, charged 
 upon manors redeemable on replacing (lock 418. 
 
 Of the grant of an annuity redeemable, with a demife of 
 premifes to truftee for a term of years for fecuring the 
 fame 453. 466. 
 
 That annuity hath been repurchafed, and deeds delivered 
 up, but no releafe executed it. 
 
 Of the grant of an annuity redeemable 363. 
 
 That anaffignor isintitled to dividends for life 449. 
 
 Of application being made to prior annuitant for joining in 
 aflignment for fecuring a fubfequent annuity 368. 
 
 Of the arrears of an annuity being paid ib. 455. 
 
 Of the death of one of two grantees, where an annuity 
 became verted in the furvivor ib. 
 
 That the grantee of an annuity hath agreed to transfer 
 his intereft ib. 
 
 That the grantor of an annuity hath agreed to ratify an 
 aflignment of an annuity, and to difcharge the fame 
 from the power of redemption 456. 
 
 That a grantor is feifed in fee of part of the premifes 
 fubjeft to a mortgage, and that his truftee is feifed 
 in fee of the other part in truft for him 407. 
 
 Upon a contract for an annuity, that if grantor fhould 
 be promoted to any ecclefiaftical benefice, he would 
 charge the fame with the payment thereof, and that 
 grantee fhould be at liberty to iffiie a fieri facias de 
 bonis ecclefiafticis againll fuch benefice 461. 
 
 RE-
 
 GENERAL INDEX. 525 
 
 REDEMPTION.. See Repurchafe. 
 RELEASE. 
 
 Of freehold premifes by hufband and wife for the life of 
 
 the wife for fecuring annuity 304. 
 Of freehold premifes by grantor and his truftees by leafe 
 
 and releafe to truflee for grantee for fecuring annuity 
 
 394. 422. 
 Of freehold premifes fubjeft to a mortgage to truftee in 
 
 truft for fecuring annuity 421. 
 Of an annuity 468. 
 
 REPURCHASE. 
 
 Claufes for repurchafing annuities legal 12. 
 The different fpecies thereof 14. 
 
 Always ftipulated for upon annuities for the lives of 
 grantees or others 15. 
 
 Agreements fo- repur chafing Annuities. 
 
 in Bonds. 
 
 On payment of half a year's annuity 118. "19. 
 
 On replacing flock fold out for the purchafe in. 
 
 On giving fix months notice, and payment of principal 
 
 advanced 116. 
 
 The like, or upon payment of half a year's annuity 1 30. 
 By inftalments on giving three months notice 135. 
 
 ' in Deeds. 
 
 On payment ol half a year's annuity 154. 389. 405. 447. 
 
 The like at the expiration of one year 359. 
 
 By inftalments on giving three months notice, and paying 
 
 at the rate of half a year's annuity 325. 
 After the expiration of three years upon giving fix months 
 
 notice and repaying the principal advanced, or, iu 
 
 default of notice, on payment of principal and half a 
 
 year's annuity 351. 
 
 On replacing flock fold out for the purchafe 414. 
 Special conclusions thereto ayy. 
 
 RETENTION. 
 
 If any part of the confideration mail be returned, or any 
 notes fhall not be paid when due, the Courts will 
 order the deeds to be cancelled 35. 
 
 Commiflion paid to the grantee of an annuity for pro. 
 curing the money is a retention within the act 67. 
 
 Qii. whether the payment of the fair expcnces of the 
 writings to the grantee, who is a folicitor, is a reten- 
 tion it 
 
 The payment of a juft debt due to the grantee, aftw 
 the grantor has received the confideration moncy t can- 
 yot be cwnlidered a retention 68. 
 
 ROLL.
 
 $26 GENERAt INDEX. 
 
 ROLL. 
 
 The utility of the roll kept at the inrollment-ofiice 72, 
 
 SCIRE FACIAS. 
 
 A lore facias is an action tliat requires an annuity to bft 
 inrolled which was granted previous to the palling of 
 the ac"t 54. 
 
 SCRIVENER. See Broker. 
 SECURITY. See Deeds. 
 SOLICITOR. See Broker. 
 
 STOCKS. See Aflignment and Repuf chafe. 
 
 Annuities fecured by the actual transfer of Hock except* 
 
 ed out of the act 29. 
 
 Declaration that ftock transferred is in truft for fecuring 
 annuity tor two lives 356. 
 
 SURRENDER. See Table of Contents. 
 
 TERMS. See Alignment. 
 
 Declaration that all outstanding terms in premifes releafed 
 fliall be in truft to attend the inheritance 404. 
 
 - by a truftee of an outftanding term, that he 
 would ftand polleifed thereof for fecuring an annuity 437. 
 
 Recital of a deed creating a term, and that by divers 
 mefne alignments the fame was become vefted in a 
 truftee for fecuring money lent on mortgage, which 
 had been fmce discharged ; and agreement for aligning 
 the fame to a truftee in truft for fecuring annuity 430. 
 
 TRUSTS.- See Declaration, Memorial. 
 TRUSTEES.--See Declaration. 
 
 WARRANT OF ATTORNEY. 
 
 and Table of Contents. 
 Recitals of warrant of attorney to confefs judgment on 
 bonds for fecuring annuities 146. 218. 230. 
 
 WILLS. 
 
 Annuities under will excepted out of the aft 29. 
 Recitals of wills 196. 209. 331. 247. 256. 266. 303* 
 361. 436. 
 
 THE END. 
 
 Printed ly G. Woodfall) No. 22 PaternoJIer-row, London*
 
 LA 
 
 TJMVERSITYOF
 
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