be payable in the instalments, and at the times hereinbefore CHAP. VII. SEC. III. SECTION III. Of the conveyance on the sale of lands subject to rent charges, annuities, &c. Where lands are to be sold, subject to a rent-charge, Estate sold suband the person entitled to receive the same, is willing charge, anject to a rent to join in the conveyance, it may be made, " to the use, nuity, &c., the "intent, and purpose, that the said [person entitled to senting. "rent-charge] shall have, receive, &c. the rent-charge, " &c. during his life, with a term of years limited to a "trustee to secure the same as in marriage settlements, “—and, subject thereto, To the purchaser in fee, with a "covenant from him for payment of the rent-charge, "and a declaration that, subject to the said rent"charge, the term shall be In trust for the purchaser, "and to attend the inheritance." annuitant cou If the persons entitled to receive such rent-charge, or The annuitant not consenting. other yearly sum, refuse to join in the conveyance, then so much of the purchase-money as will produce an annual income equal to the rent-charge, may be lodged in the purchaser's hands on security of the estate. For the purpose of carrying this arrangement into effect, a term may be limited to the trustees, " In trust, out of the rents CHAP. VII. Indemnity where the title is defective from want of evidence of annuitant's death. " and profits of the proposed lands, to raise the annual sum required, (being the interest of the money con"tinued on the aforesaid security,) and to pay the same "to the annuitant, by half-yearly payments, (or other"wise, if so, according to the tenor of the grant,) in "satisfaction of the annuity; and after the death of the “ annuitant, In trust, by mortgage or sale, to raise "and pay the principal and interest to the vendor, or his "executors, &c.;" or a term may be limited " to the ، vendor, his executors, &c., with a proviso, that if the "purchaser shall pay an annual sum equal to the "rent-charge, during the life of the person entitled to “ it, and the principal lodged on the security of the "estate, at the end (say) of six months after the death “ of the annuitant, the term shall cease.” The first, however, is the better mode of attaining the object here proposed. It will often happen, with a view to keeping the title to the estate clear and free from extraneous matters, that the trusts of the money, retained for the payment of the money, should be declared by a separate deed. Where a title is objectionable, on the ground of want of evidence of the death of some person abroad, who has a charge on the land, (say, for example, an annuity,) and who has not been heard of for many years, it may be stipulated that a part of the purchase-money shall, for a certain term of years, remain in the purchaser's hands, at interest, as an indemnity against the annuity, and a term may be limited to trustees, " In trust, by mortgage, or “ out of the rents and profits of the estate, to raise, at "the end of the period agreed upon, the sum so con"tinued, and to pay the same to the vendor, his exe“ cutors, &c. ; and, upon further trust, out of the rents ،، 66 "of the premises comprised in the term, to raise a yearly sum equal to the interest of the said sum, and (6 to pay the same to the vendor," at such times as may be agreed on. There must be a proviso for the indemnity of the purchaser, out of the money in his hands, in case of any claim being made by the annuitant, and the usual direction for the payment to the purchaser, of the surplus of the rents remaining after performance of the trusts, and for ceasing the term when the trusts shall have been performed. CHAP. VII. SEC. III. payment of On the sale of lands which are subject to the payment Estate to be of portions, or legacies, to infants, the amount of them sold subject to must be retained by the purchaser, and a term be created, portions, &c. or an estate in fee vested, in trustees, "In trust to raise "such a sum of money as is equal to the total amount "of the legacies, and to pay the same to the persons, " and in the proportions following, (that is to say,) To "the [legatees] as and when they shall respectively "attain their several ages of twenty-one years, with "interest, in the mean time, for their maintenance." Or the trusts may be declared thus:-" In trust, by mortgage, or sale, to raise, levy, and pay to the [legatees] such and such sums of money, in satisfac"tion of their several legacies, the same to be paid to " them when and as they respectively attain twenty-one years, with interest in the mean time after the rate of "£ per cent. per annum. The declaration of the trusts varying, of course, and being made, in each case, conformable to the tenor and effect of the settlement, or will, under which they were granted. 66 ઃઃ Thus, if the legacies are to sink in the land, in case of the legatees dying under the age of twenty-one years, then the trust must be to" raise and pay the legacies to CHAP. VII. nual sum in perpetuity. "the legatees, as when and in case they shall attain that age, with interest for maintenance; but if any of "them shall die under twenty-one, In trust, in that case, to raise and pay to the vendor such a sum as "shall be equal to the lapsed legacy, with interest "from the death of the legatee." If it be doubtful, whether the legacies vest before twenty-one, that doubt should be stated, and the parties may agree, that " if "any of the legatees shall die under twenty-one, and "that by the rules of equity their legacies shall be "deemed vested interests, the trustees shall, in that case, out of the purchased premises, raise such sums of money as shall be sufficient to pay the same to the "executors of the legatees so dying, with interest; but "that if the legacies shall be deemed to be lapsed, then "that the trustees shall, out of the purchased premises, "raise and pay to the vendor, so much money as shall "be equivalent to the lapsed legacies, with interest." When the If an estate is charged with the payment of an annual estate is subsum in perpetuity,—as for example, to a school, or the ject to the payment of an an- poor persons dwelling in a certain township,—and such estate is to be sold in lots, and the annual sum, or other payment, is to he charged on a particular part of the lands, it may be secured, by way of rent-charge, to two or more trustees, who niay be directed to pay it to the persons entitled. Where the annual payment is considerable, a term may be limited for the better securing it, and for indemnifying the purchasers of the other parts. CHAP. VII. SEC. IV. SECTION IV. Of the conveyance of leasehold for lives. holds for life. On examining the title to this kind of property, it is Title to leasenecessary to see that the new leases have always, either by deed or by act of law, been surrendered: it will frequently happen that a person, after mortgaging his estate on the dropping of a life, renews the lease in his own name, and that thus two interests are subsisting at the same time, in the same property. If these two interests, however, are both conveyed to, and united in, the purchaser, the estate in possession will merge in the estate in reversion,-(that is) the interest acquired by the vendor in the new lease,—and the title will then be made good. title, where the lost. It frequently happens, particularly when an estate Mode of has been long in a family, that the owner has no title- making out the deeds to produce, the old leases having been all delivered old leases are up at the time when new ones were granted; in such a case, the title may be made out by copies of leases, to be obtained from the register books of the bishop, &c. by whom they were granted. leaseholds for Entails in leasehold lands may be barred, by a fine Mode of barsur concessit,-by alienation by deed, (that is) by con- ring entails of veyance and reconveyance, (for, perhaps, a conveyance life. to the use of the owner would not be sufficient),—or even by tenant in tail surrendering the old lease, and taking a new one. As leaseholds for lives, when intended to be entailed, ought always to be vested in trustees, In trust to raise |