Of  particular  Bonds.  1299

Hie  slitiite  of  IhnitatioDS  is  no  bar  to  an  action  brought  to  recover  back
the  conademtion  paid  for  an  annuity,  notwithstanding  more  than  six
jtmiB  hare  dapied  unce  the  date  of  the  grant,  where  the  grantor  (having
Ibr  tome  yean  paid  the  annuity  without  objection)  has,  within  six  years
flram  die  oommencement  of  the  action,  elected  to  avoid  the  annuity  by
leaaon  of  a  defective  memorial.  Money  had  and  received  is  the  pro*
per  finrn  of  action  in  such  a  case.  Pajrments  made  by  the  grantor  on  ac-
oonnt  of  die  annuity  may  be  set  off  against  the  consideration  money  paid
en  die  pmdiase,  upon  a  record  properly  framed  (z).  It  would  seem  that
dM  gnmtee  is  not  entitled  to  interest  upon  the  consideration  money  (a).
By  54  Geo.  III.  c.  141,  s.  8,  all  contracts  for  annuities  with  in&nts  are
vtteny  void.  But  where  the  defendant  and  an  infant  covenanted  that
diey,  or  one  of  them,  would  pay  a  certain  annuity,  it  was  held,  that  al-
dHngii  die  annuity  act  avoided  the  contract  made  by  the  infant,  the  co-
might  be  oiforced  against  the  defendant  (6).
2.  Bail-Bond.
Bgr  ilat  23  Hen.  VI.  c.  9,  sherifis  or  other  officers  are  required  to  let
cot  of  prison  all  manner  of  persons  by  them  arrested,  being  in  their  cus-
todlj  hf  hne  of  any  writ,  bill,  or  warrant,  in  any  action  personal,  upon
meouUe  sureties  of  sufficient  persons,  having  sufficient  within  the  coun-
ties  wiien  such  persons  be  so  let  to  bail,  or  mainprize,  to  keep  their  days
In  aodi  place  as  the  said  writs,  bills,  or  warrants  shall  require.
Hub  statute  is  a  public  act,  therefore  the  Court  will  take  notice  of  it,
iShaoffoL  it  be  not  pleaded  (c).
