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nuity or yearly sum of £

calendar months notice in

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ty.

RELEASE.

Annuity (part).

thereby granted.] AND further that if the said (grantor) shall at any time hereafter be desirous of re-purchasing or extinguishing the said annuity or yearly sum of Power to reL so now remaining a charge upon the said hereditaments purchase remainand premises in the hereinbefore in part recited indenture described, der of the annuiand shall give (1) or cause to be given unto the said (grantee), his executors, administrators or assigns, writing under his hand of such his desire, or in lieu of such notice shall pay unto him or them the sum of £ and do and shall at the expiration of such notice, or on such payment in lieu thereof as aforesaid, well and truly pay, or cause to be paid, or tendered unto him the said (grantee), his executors, administrators or assigns, the sum of £ (and all and every sum and sums of money whatsoever which shall be then due for the said annuity or yearly sum of L up to and including the day of the expiration of the said notice or payment in lieu thereof, together with all such costs and charges as shall have been incurred by reason of any default or delay in payment of the same, or any such extra premium or insurance-money as in the said in part recited indenture is mentioned, being fully paid up and satisfied), the said (grantee), his executors, administrators and assigns, shall and will accept of and receive the sum of L as and for the re-purchase and extinguishment of the said remaining annuity or yearly sum of £

,

and upon

(1) If the annuity deed contain a clause of re-purchase, it may be referred to, instead of setting out at length the terms upon which the residue of the annuity is to be re-purchased; as in the following variation,

"AND further that in case the said (grantor) shall be desirous of
re-purchasing or extinguishing the said annuity or yearly rent-charge
of L
so now remaining a charge upon the said heredita-
ments and premises in the said hereinbefore in part recited indenture
described, he the said (grantee), his executors, administrators and
assigns, shall and will accept of and receive the sum of £

as and for the re-purchase and extinguishment of the said remaining
annuity or yearly sum of £
, upon the like terms and con-
ditions as in the said hereinbefore in part recited indenture are ex-
pressed or contained concerning the re-purchase of the said annuity
or yearly sum of £
therein mentioned, any thing therein
or hereinbefore contained or implied, or any rule of law to the con-
trary in any wise notwithstanding."

Re-purchase upon terms con

tained in the annuity-deed.

RELEASE.

Annuity (part).

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shall wholly

payment thereof, the said annuity or sum of £ cease and be void, any thing hereinbefore contained to the contrary thereof in anywise notwithstanding; and he the said (grantee), his executors, administrators or assigns, shall and will at the request, costs and charges of the said (grantor) assign, release and surrender, or cause and procure to be assigned, released and surrendered, the said annuity or yearly sum of £ and also all and singular the several messuages, lands, tenements and hereditaments by the hereinbefore in part recited indenture, or by these presents made chargeable with the payment thereof, or so many and such parts of the same respectively as shall not have been sold or disposed of under or by virtue of the trusts in the said indenture contained, and transfer or cause to be transferred all such principal money as shall have been invested in government or other securities upon or for the trusts or purposes therein mentioned, or such part thereof as shall not have been disposed of for the same purposes, unto the said (grantor), his executors, administrators and assigns, or unto such other person or persons as he or they shall in that behalf direct or appoint, and shall and will deliver up these presents and the said warrant of attorney, unless the same shall have been then filed, and all other securities given for the said annuity, unto him or them to be cancelled, and acknowledge, or cause to be acknowledged, satisfaction on the record of the judgment which may have been entered up by virtue of the said warrant of attorney, and do and cause to be done every or any other act, deed, matter or thing necessary, expedient or advisable for effecting any or either of the ends or purposes last aforesaid, in such manner and form as he the said (grantor), or his counsel in the law being of the degree of a barrister, shall reasonably advise or require, so as for the doing thereof the said (grantee), his executors, administrators or assigns, be not compelled or compellable to go or travel from his or their place or respective places of abode, without a reasonable and sufficient sum being paid or secured to him or them, for or in respect of his or their time, trouble and expenses. AND the said (grantee) doth for himself, his heirs, exehath not assign- cutors and administrators, covenant, agree and declare with and to the said (grantor), his executors, administrators and assigns, by these presents in manner following, that is to say, that the said (grantee) hath not at any time or times heretofore made, done, executed, committed or knowingly suffered, any act, deed, matter or thing whatsoever, whereby, or by reason or means whereof the said annuity or yearly sum of £ hath been transferred or assigned to any person or persons whomsoever, or whereby or by reason or

Covenant by

grantee that he

ed.

means whereof, the same, or any part thereof can or may be charged
or incumbered, or the release and extinguishment hereby made, or
mentioned or intended to be made of the said annual sum of £
part and parcel thereof, can or may be rendered null or ineffectual,
either wholly or in part. IN WITNESS, &c.

RELEASE.

Annuity (part).

As to the proper stamp see post. "STAMP" Schedule.

Stamp.

RELEASE.

Bond.

No. CCCCXLIX.

A Release of a Bond, on its being paid, but lost or mislaid (1).

Recital of bond for payment of

money.

THIS INDENTURE made the

day of

in the year of

our Lord 18 , BETWEEN (the obligee) of, &c. of the one part, and (the obligor) of, &c. of the other part. WHEREAS the said (obligor) by his bond or obligation in writing, bearing date the

of

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became bounden in the penal sum of L

day

for

Release of a

bond can be of the penalty only.

Release of

bond necessary only where mislaid.

Joint bond.

(1) The release of a bond is to be considered as the release of the penalty after forfeiture (till when it is considered as a bare possibility), and not of the condition, the condition and the release being both of the same nature, and operating as defeazances; and it is necessary, in order to give effect to the release, that the party should have a beneficial interest in the bond, either in his own right or in right of another, see Comb. 263; Holt, 660. And it is holden, that where there are several obligors, a release by either of them will be a release of the entire bond, as all have a joint and equal interest and authority, see Bac. Ab. 700; Jacomb v. Harwood, 2 Ves. 265: so a release to one of two joint obligors will discharge the other, and that as well in equity as in law, Bower v. Swadlin, 1 Atk. 294; and a proviso that the other shall not take advantage of it will be void, Everard v. Herne, Lit. Rep. 190.

A release of a bond can, however, be necessary only where the bond is mislaid, for otherwise, as it passes no interest to the obligee, it will be sufficient that it be delivered up to the obligor on the condition being performed.

Where two persons are bound in a joint obligation, and the obligee releases one of the obligors only before the obligation is performed, this will at law be a release of both, Bower v. Swadlin, 1 Atk. 294; because the obligation being an entire thing it cannot be partially destroyed without a destruction in toto, and a court of equity will not afford relief, for it never interferes to correct what has happened by the mere ignorance of the parties where there has been no fraud to bring the thing about, and it has not arisen from accident, Harman v. Cann, 4 Vin. Ab. 387; and see also Jonham v. Child, 1 Brown, C. C. 92; and Portmore v. Harris, 2 ib. 290.

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Bond mislaid.

WITNESS. The obligee re

(or as the case may be). AND WHEREAS the said sum of Of the condition being performed. L mentioned in the condition of the said recited bond, with all the interest for the same, having been fully paid and satisfied, the said (obligor) hath requested the said (obligee) to deliver up the said bond to be cancelled. AND WHEREAS the said bond or obligation cannot at present be found to be delivered up to the said (obligor), wherefore the said (obligee) hath agreed to execute such release thereof as hereinafter is contained. Now THIS INDENTURE WITNESSETH, that the said (obligee) doth hereby acknowledge to leases the bond. have received of and from the said (obligor) the said sum of L mentioned in the condition of the said hereinbefore in part recited bond, together with all interest which hath accrued thereon unto the day of the date of these presents, and of and from the same and every part thereof doth acquit, release, exonerate, and discharge the said (obligor), his heirs, executors, and administrators, for ever by these presents. AND the said (obligee) doth hereby, for himself, his executors and administrators, release and discharge unto the said (obligor), his heirs, executors, administrators and assigns, the said hereinbefore in part recited bond or obligation, and all and every the sum and sums of money therein mentioned or acknowledged by the said (obligor) to be due and payable to the said (obligee), his executors, administrators or assigns, and thereby recoverable. And also all and every action and actions, cause and causes of action, suits, accounts, reckonings, debts, sum and sums of money, judgments, executions, claims and demands whatsoever, both at law and in equity, which he the said (obligee), or any person claiming from, under, or in trust for him, now hath or hereafter can, shall, or may have against him the said (obligor), his heirs, executors, or administrators, for or by reason of the said hereinbefore in part recited bond or obligation, or any other matter, cause, or thing whatsoever concerning the same. AND the said (obligee) doth hereby for himself, his heirs, executors and administrators, covenant, promise, and declare with and to the said (obligor), his heirs, executors, administrators and assigns, that in case the said bond or obligation shall at any time hereafter come into the possession or lawful power of the said (obligee), his executors or administrators, he and they shall and will immediately thereupon deliver or cause to be delivered up the same unto the said (obligor), his heirs, executors or administrators, to be cancelled or otherwise disposed of, as he or they shall think proper. IN WITNESS, &c.

Covenant by obligee to deliver

up the bond when found.

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