Imatges de pàgina
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respective hands, and shall pay or lawfully tender, or cause to be paid or lawfully tendered unto him the said C. D. his executors, administrators, or assigns, all sum and sums of money whatever which shall be then due for the said annuity, yearly rent, charge, or annual sum, or any arrears thereof, and all such costs and charges as shall have been incurred by reason of any default or delay in payment of the same; and also the sum of £ of lawful money current in England, as and for the re-purchase of the said annuity, yearly rent, charge, or annual sum of £ then and in such case he the said C. D. his executors, administrators, or assigns, shall and will accept and take the said sum of £ in full of and for the re-purchase of the said annuity, yearly rent, charge, or annual sum; and upon receipt thereof, and of all arrears and costs due for or on account of the same, shall and will forthwith at the proper costs and charges in the law of the said A. B. or his assigns, release or surrender the said annuity, yearly rent, charge, or annual sum of ✰ and also release, exonerate, and discharge all £ and singular the said messuages, &c. or such part thereof, as shall be, then unsold and undisposed of, under the trusts in that behalf hereinbefore contained, therefrom; and shall and will acknowledge satisfaction on the record of the said judgment so to be entered up on the said recited warrant of attorney as aforesaid, and thereupon the said E. F. his executors, administrators, or assigns, in case the same messuages, &c. hereinbefore demised or intended so to be respectively, shall not have been then sold and disposed

The word proper is here, I think, improper, otherwise than to increase the length of the draught, if that were the object of the great men who settled it.

of under the trusts aforesaid, shall and will at the proper costs and charges in the law of the said A. B. or his assigns, assign and release the said hereditaments and premises, or so much thereof as shall not have been sold and disposed of under the trusts aforesaid, unto the said A. B. or his assigns, or such other person or persons as he or they shall in that behalf direct or appoint, for all the residue of the said term of one hundred years therein, freed and discharged of and from all the trusts, powers, and declarations hereinbefore created and declared of and concerning the same: but in case the said messuages, &c. or any part or parts thereof, shall have been then sold and disposed of under the trusts aforesaid, and the monies arising by or from such sale or sales of the said hereditaments and premises, or any part thereof, shall have been placed out and invested in any of the public stocks or funds, or on government or real securities at interest, upon the trusts hereinbefore expressed, then and in such last-mentioned case he the said E. F. his executors, administrators, or assigns, shall and will on such re-purchase of the said annuity as aforesaid, assign and transfer all and every the stocks, funds, and securities, in or upon which the same monies arising from the sale of the said hereditaments and premises, or any part or parts thereof, shall have been so placed out and invested; and the interest, dividends, and annual proceeds then thereupon due unto the said A. B. his executors, administrators, or assigns, or such other person or persons as he or they shall in that behalf direct or appoint, freed and absolutely discharged of and from the trusts hereinbefore expressed and declared of and concerning the same. AND for the purpose of further better

* See note in last page,

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and more amply and effectually securing the due and punctual payment of the said annuity, yearly rent, charge, or annual sum of and for the considerations

hereinbefore expressed, he the said A. B. for himself, his heirs, executors, and administrators, doth hereby further covenant, promise, declare, and agree to and with the said C. D. his executors, administrators, and assigns, that he the said A. B shall and will immediately after the decease of his said father the said L. M. at the request of the said C. D. his executors, administrators, or assigns, but at the proper costs and charges in the law of him the said A. B. or his heirs, by such deed or deeds, grant or grants, demise or demises, or other conveyances or assurances in the law, as the counsel of the said C. D. his executors, administrators, or assigns, shall advise or require, well and effectually charge and make chargeable the said annuity, yearly rent, charge, or annual sum of £. for and during the natural life of him the said A. B. upon and cause the same to be issuing out of all [here set out the parcels fully from the deed, unless the same have been described in the recital of it, or of the will or other instrument under which the grantor becomes entitled to such premises on the decease of his father or other relation,] together with the appurtenances, and shall and will make the said last mentioned hereditaments and premises subject to the like powers of distress, and entry and perception of the rents and profits thereof, for further securing the said annuity; and shall and will also for that purpose demise the said last mentioned hereditaments and premises for a term of years to a trustee for the said C. D.

Named in one of the recitals of this deed, but which is, of course, left out in this precedent.

his executors, administrators, and assigns, upon similar trusts for further securing the said annuity, as are hereinbefore declared of and concerning the said messuages, &c. first hereinbefore described, and hereinbefore demised or intended so to be. AND it is hereby declared and agreed, that such additional grant and security shall be subject to the like power of re-purchase of the said annuity, and similar powers, provisoes, declarations, and agreements, in all respects as are hereinbefore expressed and contained of and concerning the said first hereinbefore mentioned and described hereditaments and premises. IN WITNESS,&c.

FORM of the Receipt for the consideration Money,— to be indorsed.

Received the day and year first within-written, of and from the within-named I. K. as the agent for that purpose, named and appointed by and on the behalf of the withinnamed C. D. the sum of £ in the Bank of England notes hereinafter specified, being the consideration money within mentioned to be paid for the within grant of annuity, (viz.) one Bank of England note, N°. - dated one other Bank of England note,

for

N°.

£
dated

Witness,

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Note. This is the best precedent of an annuity deed, that ever I met with if it has any fault, it is that of being too prolix. Some of the powers, &c. might, perhaps, in ordinary

cases, be dispensed with, particularly the covenant from G. H. to pay what shall not be recoverable from the insurance office. But where the sum advanced is very great, or any other circumstances render particular caution necessary, the whole of the provisions should be inserted. It is usual now to include the amount of the insurance, and half a year's interest thereon, in the annuity, and then it is optional in the grantee to insure or not.

See Warrant of Attorney, accompanying the above, subsequently.

WARRANT OF ATTORNEY, accompanying the above
Grant of Annuity.

To N. O. and P. Q. attornies of his Majesty's court of King's Bench, jointly and severally, or any other attorney of the same court.

WHEREAS I A. B. of &c. have contracted and agreed with C. D. of &c. for the absolute sale, grant, and assurance to him of one annuity, yearly rent, charge, or annual sum for the term of my life, at or for the price or

of £ sum of ; AND WHEREAS it was agreed upon the contract for the sale of the said annuity, yearly rent, charge, or annual sum, that the same should be secured upon certain freehold hereditaments and premises of which I am tenant for life in possession, and likewise by my warrant of attorney to confess judgment in an action of debt for the sum of £ and all costs of suit, and

that such judgment should be forthwith entered up thereon; AND WHEREAS in and by a certain indenture of even date herewith, made between me the said A. B. of the first

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