Annuity. Grantor agrees to grant an annuity. To secure payment by warrant of attorney. To make out a good title, convey &c. Articles, &c. (see p. 15) Betn (grantor) of, &c. one pt and (grantee) of, &c. or. pt Witness That the sd (grantor) in conson (a) of the sum of £- doth hby agree to grant unto the sd (grantee) an annty or clear yrly sum of £— (b) during the life of the sd (grantor) to be pd quarterly from the time of granting the same with a proportional part (c) up to and inclusive of the day of his death to be charged upon and issuing out of all those freehold messes tents and heredts of the sd (grantor) situate at in the co. of and to be furr secured by the bond and warrant of attorney to confess judgment of the sd (grantor) And the sd (grantor) shall and will deliver unto the sd (grantee) on or befe the day of next a full and perfect abstract of the title of him the sd (grantor) to the sd messes tents and heredts (d) And also shall and will demise or convey by sufficient messuages, and proper conveyes the same heredts and preses unto a psn or psns to be named by the sd (grantee) in such manner and form and with such powers provoes condons covts and agrts in the sd deeds or instmts to be contd as are usual in like cases particularly a proviso enabling the sd (grantor) to repurchase the sd annty on giving six cal. mths notice for that purpose and on paying all arrears, and pay all &c. (e) And That the chas and the exps attending the granting and securing the sd annty shall be borne by the sd (grantor) And the sd (grantee) in conson of pay the con- the preses doth hby agree to pay unto the sd (grantor) the sum of £- of lful money of Gt Britn at the time of the exon of the sd secties (or the sum of £ the exon of, &c. and the furr sum of £ day of, &c. as the case may be). expenses. Grantor agrees to sideration money. on the at (a) If the purchase money be not all paid at once, then say, The sum of £ at the exon of the sd secties and the further sum of £within the space of cal mths next ensuing.' for (b) Or, if it be so agreed, during the life of the grantee,' or during the lives of nominees or the longest liver of them,' or a term of years determinable on lives.' See Pref. § 4. (c) As to the reason for this clause, see Pref. § 3. (d) If the annuity be secured on leasehold premises, and it be so agreed, say, But the sd (grantor) shall not be required to produce further evidence of his title to the sd preses than the sd lease and all deeds relating thereto.' See Agreement to grant a Lease. Obs. 6. (e) If the annuity be granted during the life of the grantor, add, Also a covenant that the sd (grantor) shall at his own expense appear at any office in London or Westminster that his life may be insured.' If necessary, also add, And also that the sd (grantor) shall at his own expense insure such pts of the sd preses as are liable to be damaged or destroyed by fire.' Bond to secure the Payment of an Annuity to a former Mistress. Bond. Obs. 1. It is a rule, both of law and equity, that ex turpi con- Illegality of tractu actio non oritur; any consideration, therefore, which is consideraagainst the rules and claims of decency, will vitiate the contract: tion vitiates but courts of law, as well as those of equity, distinguish between a bond. considerations past and considerations future, and consequently a bond purporting to be in consideration of past cohabitation between the obligor and the obligee, has been held to be good. 2 Wils. 339. Ambl. 641. Forr. 153. 1 Fonbl. Eq. 228. 2. As to the memorial of the bond, see a subsequent Precedent of a Memorial. 3. A bond given as a collateral security for the payment of an Stamp. annuity, requires a stamp of 17. only, when the deed of grant is charged with the ad valorem duty imposed on conveyances; but where this is not the case, the bond is charged with an ad valorem duty on the amount of the annuity, or sum secured. and the days of Recital of the Know all Men by these Presents, &c. (see Bond.) Whas by indentures of lease and rele bearing date resply on or about the rele being made betn the above bounden (obligor) of the one pt and the sd (trustees) of the or. pt certain heredts therein described situate lying and being, &c. were demised and assured by the sd (0) to the sd (T) their exs ads and ass from (0) during the term of waste In trust yrly and evy sd (0) during the life of H H by the ways and means thin mentd to raise and levy one annty or yrly sum of £ - free from all taxes and day of the dece of the sd yrs witht impeachment of year after the dece of the thin named and described deductions whatsr and to pay and apply the same by two half yrly paymts on the day of and the day of in evy yr the first paymt to be made on such of the sd days as shd happen next after the dece of him the sd (0) into the proper hands of her the sd H H whether covert or sole or unto her order to be signed by any note or writing from time to time after each of the sd half yrly paymts should have become due but not orwise for her sole and separate use and bent and dispon during her life independant of any future husband And so that she might not whether covert or sole at any time or times whatsr make any assmt or dispon by way of anticipation of the sd annty of £-or any pt thof which shd not actually have accrued or become due to the intent that the same might not be subject or liable to the debts of any future husband of the sd HH but always remain for her maintenance and support And it was thby decld that the rect and rects of the sd H H or of the psn to whom she might appt the lease and release to secure payment of an annuity. Bond. Condition. sd annty or any pt thof to be pd in manner afd shd notwithstanding her coverture (if married) be a sufficient rele and discharge for the same or so much thof as Of grant of in such rect or rects shd be expssd to be recd And whas an annuity. in conson of the past services of the sd H H and from motives of concern for her int the sd (obligor) is desirous of settling upon her an annuity of £ to commence immly in addition to the sd annty of £— secd to her by the last in pt recited indre and for the purpe of carrying the intention of the sd (0) into effect he hath extd the above written bond subject to the condon hinaftr contd for making void the same Now the condition of the above written obligon is That if the above bounden (0) shall and do henceforth yrly and evry yr during the life of the sd HH well and truly pay unto the sd (trustees) or the survor of them or the exs or ads of such survor (in addition to the sd annuity of £ — secd by the sd in pt recited indre) one annty or yrly sum of £ of lful, &c. free from all taxes and witht any deduction whatsr by equal half yrly paymts on the day of and the day of in evy yr the first of such half yrly paymts to be made on the day of ensuing the date of the above written bond (a) to the intent that the same may be applied by them the sd (trustees) and the survor, &c. Upon such trusts for the separate use of the sd H H as in the sd in pt recited indenture are expressed concerning the sd annuity of £- Then, &c. (see Bond.) Parties. Recital of scisin. Of contract for purchase. next Grant of an Annuity for the Life of the Grantor secured on Freeholds. (General Precedent.) This Indenture made the day of in the yr of the reign, &c. and in the yr of our Lord 18 Betn (grantor) of, &c. of the first pt (grantee) of, &c. of the second part and (trustee) of, &c. a trustee named and appointed by the sd (grantee) for the purps hinaftr mentd of the third pt Whas the sd (grantor) is seised of or entitled to the sevl messes lds and hereds, &c. And Whas the sd (grantee) hath contracted with the sd (grantor) for the absolute purchase of one annty or clear yrly rent-charge or sum of £ during the life of the (a) If it be so agreed, add, or if the sd H H shall happen to die betn any of the sd feasts or quarter days whereon the sd annty is made paye to them resply then if the sd (obligor) his hrs, &c. shall and do pay or cause to be pd unto the sd (T) or the survor of them a proportionate pt of such annty or yrly sum according to the time which the sd HH may happen to live after the then last quarter's paymt shall herein become due to the sd H H without any deduction or abatement whatsr.' of attorney. Of annuity to be se cured on the free si (grantor) [or, 'grantee or nominees or the survivor Grant of, of them,' as the case may be] free from taxes and witht secured on any deduction whatr subject nevss to a provo or agrt Freeholds. for the repurchase of the same hinaftr contd (a) And Of warrant whas for securing the paymt of the sd annty or clear yrly sum of the sd (grantor) by his certain warrant of attorney bearing even date with these prests hath authorized A B and C D attornies of his Maj Ct of K. B. to confess judgmt agst him in an action of debt for the sum of and costs of suit And whas it was agrd upon the treaty for the purchase of the sd annty that for the furr securing unto the sd (grantee) his exs ads and ass paymt of the sd annty or, &c. of £- the same holds. shd be chagd upon and issuing out of the sd messes or tents lds and heredts And it was furr agrd betn them the sd (grantor) and (grantec) that the costs and exps attending the contract for the sd annty and for preparing and perfecting the secties for the same and for enrolling a memorial thof shd be borne and pd by the sd (grantor) Now this Indre witnesseth That in pursuance of the sd Testatum. in part recited agrt and for and in conson of the sum of £ of lful, &c. to the sd (grantor) in hand well and truly pd by the sd (grantee) at or before the sealing and delvy of these prests the rect whereof the sd (grantor) doth hby acknge and of and from the same and evy pt thof doth acquit release exonerate and for ever discharge the sd (grantee) his exs and ads by these prests He the sd (grantor) Hath given granted bargained and sold and by these prests Doth give grant bargain and sell unto the sd (grantee) his exs ads and ass during the natural life of the sd (grantor) One Grant of annuity or clear yrly rent-charge or sum of £ to be annuity. issuing and paye out of and charged and chagbe upon All that messe or tents, &c. To Have and to Hold (b) Habendum. receive perceive and take the sd annty or yrly rentcharge or sum of £ unto the sd (grantee) his exs ads and ass henceforth during the natural life of the sd (grantor) (c) to be pd and paye to him the sd (grantee) (a) If it be so agreed, say, And whas the sd (grantor) by his bond or obligation in writing bearg even date with these prests hath become bounden to the sd (grantee) in the penal sum of £-— with the condon there under written for making void the same upon payment of the sd annty or yrly sum at the times and in manner hnaftr mentd.' (As to the necesty of a bond, see Pref. § 8.) (b) As to the force of the words, 'receive' and ' perceive,' sce Pref. § 2. 6 (e) Or, of the sd (grantee,') or, during the natural lives of the sd (nominees) or during the life of the survor of them,' or, for and during the term of 99 years if the sd (grantor) or if the sd (nominees) or the survor of them should so long live.' (Sce Pref. § 4.) Grant of, his exs ads and ass at or in the Common Dining-Hall secured on of the Inner Temple in the Co of Middlesex by four Freeholds. equal quarterly paymts betn the hours of, &c. Covenant to pay annuity. Clause of distress. on the day of the day of the day of and the day of in evy yr free from all taxes and witht any deduction or abatement whatsr the first quarterly paymt to be made on the day of now next ensuing (a) And in case the sd (grantor) shd die in the interval betn any of the sd quarterly days of paymt then also a proportionate pt of the sd annty for the time which at the dece of the sd (grantor) shall have elapsed of the quarterly paymt then growing due such proportionate pt to be pd within days after the dece of the sd (grantor) And the sd (grantor) for himself his hrs exs and ads doth hby covt promise and agree with and to the sd (grantee) his exs ads and ass That he the sd (grantor) his hrs exs or ads shall and will well and truly pay or cause to be pd unto him the sd (grantee) his exs ads or ass the sd annty or yrly rent-charge or sum of £— during the life of him the sd (grantor) at or upon the days and in the manner hinbefe apptd for the paymt thof Provided always and it is hby decld and agrd by and betn the sd pties hereto and particularly the sd (grantor) for himself his hrs and ass doth hereby covt promise and agree with and to the sd (grantee) his exs ads and ass That in case the sd annty or yrly rentcharge or sum of £ shall happen to be due and unpd for the space of 21 days next after any of the sd days or times hinbefe apptd for the paymt thof Then and in evy such case and so often as it shall happen it shall and may be Iful to and for the sd (grantee) his exs ads and ass into and upon the sd messes tents lds and heredts and preses so chagd with the paymt of the sd annty or into or upon any pt thof to enter and distrain for the same annty and all arrears thof and the distress and distresses then and there found to take drive carry away and impound and the same in pound to detain and keep until the sd annty or yrly, &c. of £- and all arrears thof shall be fully pd and satisfied and all costs chas and exps whatsr sustained and occasioned by or attending the making taking and keeping any such distresses shall be fully pd and satisfied And in deft of paymt thof in due time after any such distress or distresses shall be made and taken to appraise sell or dispose of such distress or distresses or any pt thof or orwise to act therein according to the due course of law in like manner as in cases of distress taken for nonpaymt of |