ment or execution or warrant; but cannot order the
bond to be delivered up.

2. Courts of law have no authority to order instruments void under the Annuity Act to be delivered up, farther than the Act expressly gives it.

3. Annuity void under the Act: at law the balance of the consideration may be recovered, deducting the payments under the annuity.

4. Jurisdiction in equity to set aside an annuity upon legal objections.

5. Where an annuity is set aside, the purchase-money may be recovered at law.

6. Jurisdiction in equity to order instruments, void under the Annuity Act, to be delivered up. Several objections put in a course of trial. Underhill v. Horwood. 7. Jurisdiction of equity to order instruments to be delivered up, even upon legal objections, as under the Annuity Act, arising incidentally in the exercise of equitable jurisdiction; as upon extreme inadequacy of consideration, and contribution among several sureties. Ware v. Horwood.

XVIII. 358

8. Jurisdiction of a Court of equity upon objections to the memorial of an annuity. Dupuis v. Edwards.

14.

Insufficient objections.

Defective.

When to state particular remedies; and whe

ther trusts.

For want of, mutual account, &c. decreed. 1. Assignment of stock in trust to pay two annuities of £50 each to different persons for separate considerations of £400 each: the memorial was for one annuity of £100

to the trustee in trust to pay £50 to each cestuy que trust for the sum of £800; and omitted a contingent interest the annuities are void, the memorial not being sufficient within the Annuity Act; as not containing a true description of the annuities; nor stating all the interests. Hood v. Burlton.

2. Annuities void; the real amount, the consideration and
mode of payment, not being truly stated in the me-
morial; and the bond and warrant of attorney being only
generally mentioned, without the dates and names of
the parties. Duke of Bolton v. Williams.

3. All the instruments securing an annuity make but one
assurance; and, if the memorial is defective as to one,
that vitiates the whole. Duke of Bolton v. Williams.
4. An annuity secured by a bond and a term for years
being void, the memorial not taking notice of the term,
and the clause of redemption, and stating the payment
of the consideration in money, though it was paid by
draft, a general account was decreed of the consider-
ation with interest and costs, and of all money received
under the annuity: the balance to be paid to the de-
fendant, if any; the securities delivered up; and a
conveyance. Byne v. Vivian.
5. Bill to set aside an annuity, secured by a term for years
and a bond, upon objections to the memorial for not
containing a clause of redemption, for not stating the
consideration truly, and other defects. The defendant
admitting he had received more than was due to him
for principal and interest, the securities were decreed
to be delivered up to be cancelled, with costs. Byne
v. Potter.

6. Annuity void, the memorial not containing the clause of redemption, not stating the consideration truly, and being otherwise defective, was set aside by the decree; but the plaintiff having failed in two applications to the Court of King's Bench upon some of the objections, and having in the interval been a party to the assignment to the defendant, the account was confined to the filing of the bill. The defendant was held entitled to the original consideration, though exceeding the sum paid on the assignment. Upon the plaintiff's appeal from the decree at the Rolls, the decree was reversed; and an account was directed of the consideration paid by the original grantee of the annuity, with interest at 5 per cent.; and of the payments of the annuity to the grantee or any persons claiming under him by assignment or otherwise; to be applied in discharge of the interest and principal of the consideration: and if the consideration with interest shall appear fully repaid, or, if not, upon payment by the plaintiff of what shall be remaining due from him, the securities to be delivered

Vol. Page

II. 29

II. 138

II. 138

V 604

V. 609

up, &c. without costs: the Lord Chancellor's opinion
being in favour of the jurisdiction; that the principle
of the relief is, not redemption, but the invalidity of
the grant; and that the assignee, unless under special
circumstances, is in the situation of the grantee. Brom-
ley v. Holland.

Vol. Page

V. 610. VII. 3

7. An annuity being void, the memorial not containing a
clause of re-purchase, the grantee was not allowed in the
account the premiums of insurance of the life of the
grantor and costs incurred in supporting the annuity.
Ex parte Shaw.
8. Annuity secured by bond and a trust of rents and divi-
dends being void, the memorial omitting a clause of re-
demption, and the trust, and stating the consideration
untruly, a general account was decreed of the purchase-
money from the actual payment, which was subsequent
to the date of the deeds; and of the premiums paid by
the grantee for insuring the grantor's life; and an ac-
count of all sums received under the annuity; with in-
terest respectively: on payment of the balance and the
costs by the plaintiff the securities to be delivered
up, &c.: the bill offering to pay principal and interest,
and any other fair and reasonable demands. A letter
from the grantor, written prior to the grant in the course
of another negociation between the parties, which did
not take place, was admitted in evidence; but no farther
than that he had upon that occasion proposed the in-
surance of his life as a reasonable term. Hoffman v.
Cooke.

9. Stock vested in trustees to the uses of a settlement. An annuity granted by the husband out of the dividends, to which he was entitled for life, the trustees giving a power of attorney to receive the dividends, and covenanting not to revoke it, and to execute any other, &c. requires a memorial; not being an actual transfer within the 8th section of the Annuity Act. The annuity set aside upon objections to the memorial; particularly in not stating the covenant by the trustees. As to the objection to payment by a draft on a banker, quære. Distinction, whether the draft is drawn by the party or a third person. No costs: the grantor not taking the objection, till the consideration was repaid, and the chance turned against him. Duff v. Atkinson. 10. Bill under the Annuity Act, to set aside an annuity, dismissed the objections not prevailing; viz. 1st. that the memorial expressed the consideration to have been paid at the date and execution of the deeds; one of the grantors only having executed on the day of the date; the other some days afterwards: occasioned merely by the residence of the one in Wales, the other in London. 2dly. that £30 was immediately after pay

V. 620

V. 623

VIII. 577

ment of the consideration paid by the grantor to the attorney for the expense of the transaction; not by way of a colourable reduction of the consideration. 3dly. that the consideration was paid by an agent; that fact, though not stated in the body of the deed, appearing by the receipt indorsed, and being stated in the memorial. Whether it is necessary to state, not only, with whose money the payment is made, but also the hand, by which it is made, quære. Philipps v. Crawfurd. 11. Decree on the three objections (No. 10.) affirmed on appeal. Philipps v. Crawfurd.

12. Omission in the memorial of an annuity under the sta-
tute 17 Geo. 2. c. 26. (repealed by 53 Geo. 3. c. 141.)
of a proviso for stay of execution under a judgment,
one of the securities, until twenty days after default,
was fatal. Dupuis v. Edwards.
13. Not necessary under the statute 17 Geo. 3. c. 126. to
insert in the memorial of an annuity a covenant for pay-
ment, or any particular remedy, except as creating a
trust within the act; and as to the necessity of stating
the trusts, quære. Dupuis v. Edwards.

14. Decree on setting aside an annuity, for want of a memo-
rial registered, an account of the consideration, with
interest and costs, and of all the annual payments: the
balance on either side to be paid; the securities deli-
vered up; and a reconveyance. Holbrook v. Sharpey.
PAYMENT.-1. First at a year's end.

1. The first payment of an annuity at the end of a year.

VALUATION.-1. On bankruptcy.

2. On insolvency.

On bankruptcy under special circumstances.

4. On bankruptcy.

1. Equitable arrangement in bankruptcy by setting a value upon an annuity; the penalty being forfeited.

Vol. Page

IX. 214

XIII. 475

XVIII. 358

XVIII. 358

XIX. 131

IX. 553

2. What is the debt, and how to be ascertained, upon an annuity bond, forfeited at the time of the grantor's discharge by an act of insolvency, quære.

XIV. 574

3. Annuity, part of the price of an estate, for the life of the grantee, aged thirty-two, taken at an under-value, from his state of health, then not insurable, but afterwards restored; and secured on bond and judgment. The value, to be proved on the bankruptcy of the grantor, two years afterwards, is, under the peculiar circumstances, not the market price; nor the price paid originally, with the variation occasioned by the lapse of time, (since established as the general rule, Ex parte

XIV. 574

Whitehead, Vol. XIX. 557. 1 Mer. 10, 127, 724;) but
the actual value at the bankruptcy, with reference to
the grantee's age and improved health, the price paid,
and the enjoyment, as evidence of the value, not simply
reducing it by the payments made: the contract involv-
ing a contingent risk with reference to the grantee's
health; which might have turned entirely against him.
Ex parte Thistlewood.

4. Originally under proof in bankruptcy upon the penalty
of a bond, securing an annuity, forfeited, the annuity
itself was received, if assets sufficient. The modern
course to prove the value of the annuity as a debt, for
convenience of distribution.

5. Valuation of annuities, in the distribution of assets, subject to abatement as legacies.

6. Ground of the ordinary practice in valuing an annuity, for the purpose of the distribution of assets or paying the legacy duty.

Vol. Page

XIX. 236

XIX. 216

XIX. 250

XIX. 254

XIX. 255

7. Stipulated price for redemption of an annuity not the
criterion of the value, to be proved in bankruptcy.

See Apportionment 3. Assets 17. 24. Bankrupt (Stock 1.)
(Proof 9.) Baron and Feme (Separate Property 23.)
Charge 12. Fraud, 27. 49. Insurable Interest 1. In-
terest 4. Laches 20. Legacy 31. 32. 33. Principal
Purchaser 40. Registry 5. (Ship 1.)

and Surety 22. Purchaser 40.

ANNUITY ACTS.

See Mortgage 50. Registry (Ship 6.) Vendor and Vendee 18.

ANSWER.

1. Administrator's belief of the debt.

2. General denial.

3. Insufficient.

4. Must give a full account.

5. In what cases produced on a trial.

6. Evasive a contempt.

7. Without oath or signature under general power to defend. 8. Separate, by wife on amendment after joint answer with husband, abroad.

9. Full, compelled after answer; though defendant might have objected.

10. Misnaming plaintiff taken off the file.

11. Re-sworn on mere mistake of the name.

12. Giving part of the discovery, the rest compelled.

13. Refusing discovery. Argumentative, not positive.

14. Refusing discovery.

15. Relevant not scandalous.

16. To discovery only, when used as evidence, the whole

read.

17. To relief, and replied to, admissions must be read to completion of the subject.