RELEASE.

Annuity.

equity, in or to the same annuity or yearly rent-charge, to the end and intent that the same, together with all securities and remedies for the payment and recovery thereof, may be respectively extinguished and annihilated, and that the said sum of £ being the purchase-money of or for the said annuity or yearly rent-charge may be converted into and become a debt, due and owing to the said (grantee) from or by the said (grantor), from the day of the date of these presents, in such manner and at such rate of interest as in or by the said indenture of release (or as the case may be), by way of mortgage, bearing or intended to bear even date herewith, is particularly expressed concerning the AND, &c. [covenant that he has not incumbered] (1).

same.

(1) See ante, p. 634.

No. CCCCXLVII.

* Release of an Annuity, and Surrender of a Term to merge, by Indorsement on the Grant.

RELEASE.

Annuity (indorsement).

TO ALL TO WHOM THESE PRESENTS SHALL COME, the withinnamed (grantee) sends greeting. WHEREAS, since the date and

execution of the within indenture, judgment hath been entered up/

Term, in the

in his Majesty's Court of Common Pleas at Westminster, as of
year of the reign of his present Ma-
jesty, upon or by virtue of the within mentioned warrant of attor-
ney. AND WHEREAS the within mentioned annuity, or yearly rent-
charge of L
and all arrears thereof, up to the day of the
date of these presents, hath and have been fully paid and satisfied,
as he the said (grantee) doth hereby acknowledge. AND WHEREAS
the said (grantor) hath agreed with the said (grantee) for the re-
purchase of the said annuity or yearly rent-charge of L
or for the price or sum of £

at

Now THIS INDENTURE WITNESS.

releases.

said agreement, and for Grantee
to the said (grantee)

WITNESSETH, that in pursuance of the
and in consideration of the sum of L
in hand well and truly paid by the said (grantor) at or before the
sealing and delivery of these presents, the receipt whereof the said
(grantee) doth hereby acknowledge, and of and from the same doth
acquit, exonerate, and for ever discharge the said (grantor), his
executors and administrators, He the said (grantee) hath remised,
released, and for ever quit claimed, and by these presents doth re-
mise, release, and for ever quit claim unto the said (grantor), his
heirs, executors, administrators, and assigns, and also acquit, re-
lease, and discharge the within mentioned premises, and every part
and parcel thereof, of and from the within mentioned annuity, yearly
rent-charge, or annual sum of L
and all arrears thereof;
and also of and from all actions and suits, and other claims and
demands whatsoever, for or by reason or on account of the same
annuity, yearly rent-charge or annual sum of £
, or any arrears
thereof, or in anywise relative thereto. AND the said (grantee)

RELEASE.

Annuity (indorsement). Satisfaction to

be entered up.

FURTHER

WITNESS. Surrender of

term.

for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree with and to the said (grantor), his heirs, executors, administrators, and assigns, that he the said (grantee) shall and will forthwith acknowledge, or cause to be acknowledged satisfaction on the record of the judgment so entered in his Majesty's Court of Common Pleas, under and by virtue of the said within mentioned warrant of attorney as aforesaid. AND THIS INDENTURE FURTHER WITNESSETH, that for the considerations hereinbefore expressed, and also for and in consideration of the sum of five shillings of, &c. (as before) at the same time to the said (trustee of term) in hand well and truly paid by the said (grantor), the receipt whereof is hereby acknowledged, he the said (trustee) at the request and by the direction and appointment as well of the said (grantee) as also of the said (grantor), testified by their being parties to and sealing and delivery of these presents, HATH surrendered and yielded up, and by these presents DoтH surrender and yield up unto the said (grantor), his heirs and assigns, ALL all those the several messuages or tenements, lands, hereditaments, and premises, in or by the within written indenture described, and thereby expressed to be demised to the said (trustee), as within is mentioned; together with all and every the rights, members, and appurtenances thereunto belonging or appertaining; and also all the estate, right, title, interest, term of years now to come and unexpired, use, trust, property, claim, and demand whatsoever, both at law and in equity, of him the said (trustee), of, in, to, or out of the said messuages, &c. and every or any part thereof, under or by virtue of the within written indenture, or otherwise howsoever, freed and absolutely discharged of and from the trusts, intents, and purposes in and by the within written indenture expressed and declared of and concerning the same, to and for the end, intent, and purpose, that the within mentioned term of years, or the now residue thereof, and also the said annuity or yearly rent-charge of L shall and may respectively be and become merged and extinguished in the immediate freehold, reversion, and inheritance of him the said (grantor) of and in the same hereditaments and premises, or otherwise extinguished and annihilated. AND the said (trustee) for himself, &c. [covenant that he has not incumbered] (1).

Stamp.

(1) Sce ante, p. 634, and for the stamp see post. " STAMP" Schedule.

No. CCCCXLVIII.

A Release of a Moiety or other Portion of an Annuity, upon its being repurchased (1).

THIS INDENTURE made the

day of

in the

RELEASE.

Annuity (part).

BE

per

year of the reign, &c., and in the year of our Lord 18. TWEEN the (grantee) of, &c., of the one part, and the (grantor) of, &c., of the other part. WHEREAS, &c. (2) AND WHEREAS Recital of the.said (grantor) is desirous of relieving himself from the said an- mission to repurchase part of nuity, but it not being convenient for him to re-purchase the whole thereof, the said (grantee) at the request of the said (grantor) hath agreed to permit him to re-purchase the annual sum of £ , part of the said annuity or yearly sum of £

annuity.

WITNESS.

at or for the price or sum of L and hath consented to execute such release or extinguishment thereof as hereinafter is mentioned. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of the sum of That in consiL of lawful money of the United Kingdom of Great Britain deration, &c. and Ireland, to the said (grantee) in hand well and truly paid by the said (grantor) at or before the sealing and delivering of these presents, the receipt whereof, and that the same is in full for the re-purchase and extinguishment of the said annual sum of part and parcel of the said annuity or yearly sum of L so granted to the said (grantee) by the hereinbefore in part recited indenture, the said (grantee) doth hereby acknowledge as well by these presents as by the receipt or acknowledgment for the

L

(1) See post. pp. 674. 676.

(2) Recite here the grant of the annuity, as ante, p. 630.

RELEASE.

Annuity (part).

The grantee re

leases a moiety

of the annuity.

of and

, part and parcel

to the end and in

and no more shall

same sum hereupon indorsed, HE the said (grantee) HATH remised, released, exonerated and for ever discharged, and by these presents DoтH remise, release, exonerate and for ever discharge the said (grantor), his heirs, executors and administrators, and also the several messuages, lands, tenements and hereditaments in the hereinbefore in part recited indenture described, and thereby charged with the payment of the annuity or yearly sum of £ from the payment of the yearly sum of L of the said annuity or yearly sum of £ tent that an annuity or yearly sum of £ from henceforth be and remain a charge upon the said lands and hereditaments in the same indenture described, and thereby made chargeable with the payment of the said annuity or yearly sum of L or be or remain payable by the said (grantor), his heirs, executors or administrators, for or by reason thereof, under or by virtue of the said indenture, or the therein recited warrant of atProviso that the torney or otherwise howsoever. [PROVIDED ALWAYS, and it is thereby expressly declared and agreed (1) by and between the said shall not operate parties hereto, that these presents shall not operate nor be deemed or construed to operate as an extinguishment of the said annuity or yearly sum of £ but that the said (grantee), his executors, administrators and assigns, and each and every of them respectively shall have and be entitled to and enjoy the same remedies, powers, authorities and means of receiving, recovering and compelling payment of the said annuity or yearly sum of L so remaining a charge upon the said premises as hereinbefore is mentioned, and also a proportionable part thereof up to the time of the decease of the said (grantor), together with all costs and charges which shall be incurred by reason of any default or delay in payment of the same, as are by the hereinbefore in part recited indenture, given or provided for or in respect of the said an

release of part

of the annuity

as an extinguishment of the residue.

Release of part of an annuity not an extin

residue,

(1) This proviso, which is merely inserted ex abundante cautelá, may, if it be wished to render the draft as concise as possible, be safely omitguishment of the ted, for a release of a part of an annuity or rent-charge is not a release of the whole, see Co. Lit. 148, where it is expressly stated, that if a man hath a rent-charge of 20 shillings, he may release to the tenant of the land 10 shillings, or more, or less, and reserve part; in this it differs from a release of part of the land charged with the payment of the rent, which, as the rent-charge is entire, and issues equally out of every part of the land, operates as an extinguishment of the whole; and see post. p. 676. n. (1).