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memorial shall contain the day of the month, and the year, when the deed, &c. bears date, and the naine of. all the parties, and for whom any of them are trustees, and of all the witnesses; and shall set forth the annual sum to be paid, and the name of the person for whose life the annuity is granted, and the consideration ; otherwise every such deed, &c. sliall be void. And by s. 2. a S... like memorial is required to be inrolled; before any judgment shall be entered upon any warrant of attorney for recovering or securing any annuity, &c. already granted, or before execution shall be sued out, or action brought, on any judgment already entered, or on any deed, &c. already executed for the purposes aforesaid; otherwise such judgment, &c. shall be void. By s. 3. in every $. S. deed,. &c. whereby any annuity, &c. shall be granted,
'Deeds of annu. the consideration really and bona fide, (which shall be in ity what to conmoney only) and the name of the person by whom, and am on whose behalf, the consideration, or any part thereof, shall be advanced, shall be truly set forth in words at length, otherwise such deed, &c. shall be void. And by s. 4. if any part of the consideration money shall be re
9. 4. turned to the person advancing the same; or in case
For what practhe consideration, or any part of it, is paid in notes, if tices couri may
order deed to be any of the notes, with the privity of the person advancing cancelled, &c. the same, shall not be paid when due, or shall be cancelled without being first paid; or if the consideration, or any part of it, is paid in goods; or if any part of the consideration is retained on pretence of answering the future payments of the annuity, or any other pretence; in all said cases, the person by wliom the annuity is payable, may apply to the court in which any action is brought for payment of the annuity, or judgment enrered, by motion, to stay proceedings on the judgment or action; and if it shall appear to the court, that such practices, or any of them, lave been used, the court may order the deed, &c. to be cancelled, and the judgment, if any entered, to be vacated. By s. 5. a parti- s. 5. çular roll shall be kept by the clerks of inrolments in
Duty of clerk chancery, on which such memoria's shall be entered and of inrolments. inrolled, as brought to the office; and said clerks, or
their deputy, shall specify upon the roll, the day, hour, and time, on which such memorial is brought to the office, and shall grant a certificate of the inrolment when required; and there shall be paid for the inrolment ls. in case it do not exceed 200 words; but if it exceed 200 words, then after the rate of 6d. for every 100 words; and the like fees for every certificate and copy given; and the fees of 1s. for every search in the office. By s. 6. all contracts for the purchase of any annuity with
any person under 21 years shall be void, any attempt to for annuities confirm the same, after such person shall have attained with minors toid. 21, notwithstanding. And if any person shall, either in
person, by letter, agent, or otherwise, procure, engage, solicit, or ask, any person under 21, to grant any annuity, &c. or to execute any deed, &c. for securing the same; or shall advance or procure, or treat for any money to be advanced, to any person under the age of 21, upon consideration of any annuity, &c. to be secured or granted by such infant after he shall have attained 21; or shall solicit or procure any infant, upon any treaty or transaction for money advanced, or to be advanced, to make oath, or to give his word of honour or solemn promise, that he will not plead infancy, or make any other defence against the demand of such annuity, &c. or the re-payment of the money advanced to him when under
age; or that when he comes of age, he will confirm, or Offence of pro- in any way substantiate, such annuity, &c. ; every such curing, *c.
tom person shall be guilty of a misdemeanor, and being conminors homo victed in any court of assize, oyer and terminer, or gepunishable.
neral gaol delivery, shall be punished by fine, imprisonment, or other corporal punishment, as the court shall award. By s. 7. all solicitors, scriveners, brokers, and
other persons, who shall' demand or receive, directly or Brokerage li mited to 108. indirectly, any money or other gratuity for procuring the per cent.
loan, and for the brokerage of money paid as the consideration of such annuity, &c. over 10s. for every £100 actually paid, shall be guilty of a misdemeanor; and being convicted in any court of assize, oyer and terminer, or general gaol delivery, shall be punished by fine and imprisonment, of one of them, at the discretion of
the court; and the person who shall have paid any money or reward, shall be a competent witness to prove the same. By s. 8. this act shall not extend to any .annuity, s. 8.' &c. given by will, or by marriage settlement, or for the
Cases to which advancement of a child; nor if secured upon lands of this act does not equal or greater annual value, whereof the grantor was seised in fee-simple or fee-tail, in possession at the time of the grant, or secured by the actual transfer of stock in any of the public funds, the dividends whereof are of equal or greater annual value than the annuity; nor to any voluntary annuity granted without pecuniary consideration; nor to any annuity, &c. granted by any body corporate, or under any act of parliament; nor to any annuity where the sum to be paid does not exceed £10 annually, unless there be more than one such annuity from the same grantor, to or in trust for the same person. No statute 'in' Ireland has restrained improvident transactions of this nature, in any such manner. The rate of interest wbich was limited to 10 per cent. Interest reduced
to £5 per cent. by the 37 Hen. 8. c. 9. Eng. and 13 Eliz. c. 8. Eng. and 12 Ann, st. . reduced to 8 per cent. by the 21 Jac. 1. c. 17. Eng. and c. 16. Eng. afterwards confined to 6 per cent. by the 12 Car. 2. c. 13. Eng. has been settled at 5 per cent, by the 12-Ann. st. 2. c. 16. Eng. which enacts, that no person shall, upon any contract, take, directly or indirectly, for loan of any monies, wares, merchandize, or commodities, above the -value of £5 for the forbearance of £100 for a year, and so after that rate for a greater or a lesser sum, or for a longer or shorter time; and all bonds, contracts, and assurances, for payment of any principal or money to be lent, (or * covenanted to be performed, upon or for any * " covenant
to be performed usury] whereupon or whereby there shall be reserved or to taken above the rate of £5 in the £100 as aforesaid, loan” in shall be utterly void. And in Ireland the rate of inte- Ir. rest which was limited to 10 per cent. by the 10 Car. 1. In Ireland 6 st. 2. c. 22. Ir. and reduced to 8 per cent. by the 2 Ann." c. 16. Ir, and to 7 per cent, by the 8 Geo. 1. c. 13. Ir. is now confined to 6 per cent. by the 5 Geo. 2. c. 7. Ir. which contains a clause corresponding to that of the 12 Ann. st. 2. c. 16. Eng. above stated. The other pro
pon or for
visions of these statutes will be stated in another place, 14 Geo. 3. with relation to the crime of usury. By the 14 Geo. 3. c. 79. . 2.
c. 79. s. 2. Eng. all mortgages and securities which shall
be made and executed in Great Britain, of or concerning erecuted in
c. any lands, &c. or other things lying and being in Ireland,
or in any of his majesty's colonies in the West Indies, or affecting lands in Ireland, &c. any estate or interest therein, to any of bis majesty's muy bear £6 per cent. subjects, for securing the re-payment of the money
thereon bona fide advanced, with interest; and all bonds, covenants, and securities, for payment of the same sums of money, and interest, executed in Great Britain, to any of his majesty's subjects, shall be as valid as if the same were executed in the place where such lands, &c. or other things, lie; and no subject in Great Britain sha!! be liable to any of the penalties of the 12 Ann, st. 2. c. 16. Eng, so as the interest to be received for the mo
ney so bona fide lent, do not exceed the rate of £6 for $. 3.
£100 for a year. Provided (s. 3.) that this act shall not make good any such mortgage, &c. where the lender shall, knowingly, advance thereon, more money than the
said lands, &c. or other things, shall be, bona fide, worth s. 5. at the time. And provided (s. 5.) that such mortgages,
or other securities, by which such lauds, &c. or other things, are to be charged or affected, shall be registered within the kingdom, colony, or place, where the said lands, &c. lie, within the time limited by the laws of such place; otherwise the same shall be liable to the provisions of the 12 Ann, unless the person for whose behoof such mortgage, &c. shall have been made or granted, shall have used his utmost endeavour to cause
the same to be registered within the time so limited. Bills of er. By the 9 & 10 W. 3. c. 17. Eng. all bills of exchange change when and how pro
drawn in, or dated at or from, any place in England, &c,
one of the sum of £5 or upwards, upon any person in Lonpayment. 9 & 10 W. 3. don or other place, (in which bill the value shall be exc, 17. Eng.
pressed to be received) and drawn payable at a certain number of days, weeks, or months, after date thereof, may, after acceptance, (which shall be by under-writing the same under the party's hand) and after the expiration of 3 days after the same shall be due, be protested by a
bill” added in
notary public, and in default of such notary public, by any other substantial person of the place, in the presence of 2 or more witnesses, retusal or neglect being first made of due payment of the same; which protest shall be made under a copy of the said bill in the form following: “ Know all men that I A. B. on the “ day of , at the usual place of abode of the said W. , have demanded payment of the bill,* of " or accept
ance of the “ which the above is the copy, which the said -“ did not pay.t Wherefore I the said do hereby 8 Ann. c. 11. " protest the said bill. Dated this day of "+" or did not
· accept” added Which protest shall, within 14 days after making thereof, in 8 Ann, Cali, be sent, or due notice given thereof, to the party from ".. whom said bill was received, who is, (upon producing such protest) to repay the said bill, with all interest and charges from the day such bill was protested; for which protest shall be paid a sum not exceeding 16d.; and in † 25. hy s Amn.
C. 11. Ir. default of such protest, or due notice, within the days so limited, the person so failing shall be liable to all costs, damages, and interest, which shall accrue thereby. And by s. 3. in case any such inland bill of exchange be lost or miscarried within the time limited for payment, then the drawer shall give another bill of the same tenor, the person to whom it shall be so delivered giving security, (if demanded) to the said drawer, to indemnify him, in case the said bill shall be found again. And the 3 & 3&4 4 Ann. c. 9. s. 4. Eng. further provides, that in case, c. 9.5. 4. Eng. upon presenting any such bill of exchange, the party on Protest for whom the same shall be drawn shall refuse to accept the acceplance. same, by under-writing the same, the party to whom said -bill is payable, his servant, agent, or assigns, shall cause said bill to be protested, as in case of foreign bills of exchange; for which protest 2s. shall be paid, and no more. Provided (s. 5.) that no acceptance of any such bill shall 5.5. charge any person, unless the same be under-written ar indorsed; and if such bill be not accepted by such unes
Notice of pro. der-writing, &c. no drawer shall be liable to pay any char
any with interesi, costs, damages, or interest thercupon, unless such pro- &c. test be made for non-acceptance thereof, and, within 14 days after, sent, or notice thereof given, to the party
I niecessary to