Ch. IV. f. 3.

Crefpigny v.
Wittenoom, &

That appears from the case of Crefpigny against Wittenoom and another, which was an

al. 4 Term Rep. annuity granted in confideration of the

790.

gran

tee's giving up a lucrative business to the grantor, where the Court of King's Bench held, that it was not fuch an annuity as it was neceffary to register; and Mr. J. Buller, in delivering his opinion, said, "That it was impoffible to fuppofe that the Legislature intended to prohibit a broker receiving any premium for his trouble in negotiating fuch an annuity as that, and yet that his premium could not be estimated according to the directions of that claufe in the Act, which limits the fees to be taken by perfons procuring money for annuities."

L

Certain Cafes to which the Annuity Act does not extend.

BY

Y 17 Geo. 3, c. 26, /. 8, it is further enacted, "That nothing in this act contained fhall extend to any annuity or rentcharge given by will or by marriage fettlement, or for the advancement of a child, nor to any annuity or rent-charge fecured upon lands of equal or greater annual value, whereof the grantor was seized in fee-simple or in fee-tail in poffeffion at the time of the grant, or fecured by the actual transfer of stock in any of the public funds, the dividends whereof are of equal or greater annual value than the said annuity, nor to any voluntary annuity, granted without regard to pecuniary confideration; nor to any annuity or rent-charge granted by any body corporate, or under any authority or trust created by act of parliament; nor to any annuity, where the fum to be paid does not exceed

ten

Ch. V.

Ch. V. f. 1.

ten pounds annually,unless there be more than one fuch last mentioned annuity from the fame grantor or grantors, to or in trust for the fame perfon or perfons."

17 G. 3, c. 26, f. 8, ante 301.

SECT. I.

Concerning the Eftate to which the Annuity Att

extends. "Payas di en

NOTHING in this act fhall extend to any annuity or rent-annual value,

&c. fecured

upon lands of equal or greater
whereof the grantor was feized in fee or in tail
in poffeffion, &c.] This exception is held to
extend to an equitable, as well as a legal
eftate accordingly, where a tenant in fee of
the equity of redemption of his eftates, who
had conveyed them in truft to pay off the
mortgage, and all debts charged upon or
being a lien upon them, granted an annuity,
fecured upon them, a bond, and judg

ment

ment, and the grantee brought in the judg

ment debt as a claim provided for by the truft deed, which was rejected, on account of the fecurities for the annuity not being enrolled according to the directions of the act, but the Court of Chancery held, that an estate in equity, in fee fimple, or in fee tail, was, as to the neceffity of an annuity fecured upon it being registered, the fame, as if it was a legal estate, and therefore that the claim ought to have been admitted.

And if the lands are of greater annual value than the annuity, they are within this exception, notwithstanding there are charges upon them which reduce the grantor's income below the annuity. So that if an annuity is fecured on lands in fee of equal value, it is within the exception, though the lands are mortgaged for their full value.

Thus in the cafe of Shrapnel againft Vernon, where Francis Duffield, Efq; by indenture of the 9th and 10th of January 1778, conveyed the equity of redemption of his eftates at Medmenham, in the county. of Bucks, then in mortgage to Jeremiah

Crutchley

Ch. V. f. 1.

Shrapnel .
Ch. Ca. 268.

Vernon, 2 Bro.

Ch. V. f. 1. Crutchley for a term of years, whereof he was feized in fee, to John Morton, Efq; in truft to fell the fame and to pay off the mortgage, and a charge of 1000l. due to himself; and after payment of the fame, to pay fuch debts as then were, or fhould at the time of the fale, be a charge or lien upon fuch eftates; and after payment thereof, to apply the refidue of the money to fuch perfons as Duffield fhould appoint. On the 27th of January 1778, Duffield, in confideration of 700l. paid by Coles, granted to him an annuity of 100l. for his and his wife's life, which was also fecured by a bond, upon which judgment was entered upon the 31st of January following. The caufe having been heard, and a reference to the Mafter to take an account of the debts, Coles brought in a claim before the Master for his original fum of 700l. as a debt provided for by the truft deed; the Mafter refused the claim, because it appeared that the bond and indenture were not duly enrolled according to the directions of the Annuity Act; but by his report found the deed executed to Morton, and that Morton was for two or three years before the execution thereof, in receipt of the rents

and