1821.

Held, that a bond, in the condition whereof it

JAMES V. JAMES and Another.

PELL Serjt., on the 12th May, moved to enter a nonsuit in this case, on the ground that a bond

on which the action was brought, ought, under the circumstances of the case (which appear fully in the judgthat the Plain- ment of the Court) to have been enrolled under the

was recited

tiff was en

titled to an in- 53 Geo. 3. c. 141.

terest in cer

tain veins of coal for her

life, and that

she, by indentures of even

date with the bond, had

. assigned such

DALLAS C. J., on a subsequent day, delivered the following judgment.

This was an action on a bond, in the penal sum of Sool. By the condition it was recited, that the Plaintiff was entitled to an interest in certain veins of coal for her life, and that she, by indentures of even date with the bond, had assigned such interest to the Defendants, who, in consideration thereof, had agreed to pay her an annuity of 60l. per annum, and the bond was then conditioned for the payment of that annuity to the her an annuity Plaintiff for her life.

interest to the Defendants, who, in consideration thereof, had agreed to pay

for her life,

for the pay

The Defendants pleaded, that no memorial was en

ment of which rolled according to the statute.

the bond was

conditioned,

enrolment

The Plaintiff replied, that the annuity was granted

did not require for the considerations mentioned in the deeds, and not for money or money's worth, within the intent of the statute on which issue was joined.

under stat.

23 Geo. 3.

c. 141.

And that, in cases of fair and bona fide sale of landed property, whether freehold for life or leasehold for term of years, when the consideration, in part or in whole, is an annuity to be paid to the vendor, the consideration for granting the annuity being an estate in land, bona fide sold and conveyed, is not a pecuniary consideration, or money's worth, within the statute.

The

The cause came on to be tried before Mr. Baron Garrow, at the last assizes at Monmouth, when a verdict was taken for the Plaintiff, with liberty for the Defendant to move to enter a nonsuit, if the Court should be of opinion that such a bond as this requires enrolment.

The 2d section of the stat. 53 Geo. 3. c. 141. requires every memorial of an annuity enrolled in pursuance of the act to specify, among other things, "the pecuniary consideration or considerations for granting the same;" which words necessarily pre-suppose and require the existence of a pecuniary consideration to be so specified, and shew that the statute does not apply to cases where no such consideration exists.

The form of memorial also given by the same section, in the column headed "Consideration, and how paid," specifies only pecuniary considerations, whether paid in money or in bank notes, or other notes or bills of exchange, as the case may be.

The 10th section declares, that the act shall not extend (amongst other things) "to any voluntary annuity or rent-charge, granted without regard to pecuniary consideration or money's worth," and from these words it has been argued, that the act applies to all cases where any thing valuable is given for the purchase of an annuity.

It is here that these words import, that "money's worth" may, in certain cases, be "a pecuniary consideration," within the meaning of the act, as, where the grantee pays for the annuity in part or in whole, by goods or merchandize, with a nominal or perhaps real value imposed upon them, to be converted into money by the grantor; and where the object of the grantor was to raise money, and such appears to be the real nature of the transaction, however it may be disguised. But, considering the 2d and 10th sections together, and the intent of the legislature, as it is to be collected 3 C3 there

.1821.

JAMES

- v.

. JAMES.

1821.

JAMES

V.

JAMIS.

therefrom, the Court is of opinion, that the act does not extend to cases of fair and bona fide sale of landed property, whether freehold for life or leasehold for term of years, where the consideration in part or in whole may be an annuity to be paid to the vendor. In such cases, the consideration for granting the annuity being an estate in land bonâ fide sold and conveyed, does not appear to the Court to be a pecuniary consideration or money's worth, within the meaning of the statute.

Such appears to be the present case; and therefore my Brother Pell will take nothing by his motion.

Rule refused.

The same observations apply to Harrison v. Smitheringale (a)

(a) In which Blosset Serjt. had, in this term, made a similar motion on a similar ground.

REGULA GENERALIS.

It is ordered, that in all country ejectments which hereafter shall be served before the essoin day, either of Michaelmas or Easter term, the time for the appearance of the tenant in possession shall be within four days after the end of such Michaelmas or Easter term, and shall not be postponed till the fourth day after the end of Hilary or Trinity term next respectively following.

22d May, 1821.

END OF EASTER TERM.

R. DALLAS.

J. A. PARK.

J. BURROUGH.

J. RICHARDSON.

1821.

1821.

JAMES

V.

JAMES.

therefrom, the Court is of opinion, that the act does not extend to cases of fair and bona fide sale of landed property, whether freehold for life or leasehold for term of years, where the consideration in part or in whole may be an annuity to be paid to the vendor. In such cases, the consideration for granting the annuity being an estate in land bonâ fide sold and conveyed, does not appear to the Court to be a pecuniary consideration or money's worth, within the meaning of the statute.

Such appears to be the present case; and therefore my Brother Pell will take nothing by his motion.

Rule refused.

The same observations apply to Harrison v. Smitheringale (a)

(a) In which Blosset Serjt. had, in this term, made a similar motion on a similar ground.