be given, it may be done thus: "Whereas, under and by virtue of a certain indenture of lease, and an indenture of appointment and release bearing date respectively, &c., the appointment and release being made, &c., the messuages or tenements, &c. hereby granted and released were conveyed, limited, and assured to such uses, and upon and for such trusts, &c."

An introductory recital is usually made, to show the immediate object of the deed, in the framing of which much discretion is frequently necessary; as for instance, in some cases the recitals have been held to controul the operative part of the deed (a), and in others, the operative part of a deed has been held to controul the recitals. (b) An introductory recital may be framed, either by stating the heads of the proposed arrangement, or by making a recital that "A. B. hath agreed to limit his estate to the uses herein-after mentioned, and in consideration thereof C. D. hath agreed to limit his estate to the uses herein-after mentioned."

It may also be observed (c) that, wherever on a purchase or mortgage the title deeds are not delivered over, the recitals should be more full, because there is more probability of their being used as evidence in after-times.

If the deeds in a purchase are delivered over, and they are of themselves sufficient to enable the party to defend or enforce his title at law or in equity, no recitals are essential to his security, and therefore the recitals introduced may in such case be very short. If, on the other hand, the title depends upon circumstances which do not appear on the face of the deeds delivered, these circumstances should be fully stated in the recitals. With regard to the party who conveys, enough should appear on the face of the deed to justify him in making the conveyance; as for instance, if a trustee conveys, the deed creating the trust, and the subsequent acts,

(a) Lampon v. Corke, 5 B. & A. 606.; 1 Dow. & Ryl. 211. S. C. Beaumont v. Bramley, Turn. 52. Payler v. Homersham, 4 Mau. & Sel. 423. Oliver v. Daniel, cited 1 Mer. 500. Bottrell v. Summers, 2 Yo. & Jerv. 407.

(b) Dearden v. Byron, 8 Pri. 417. on the construction of deeds, see Shep.

And as to the effect of recitals Touchstone.

(c) Parken and Stewart's Continuation of Bythewood, vol. vi. p. 247.

if any, which alter the object of the trust, should be clearly and distinctly stated.

The chronological order of recital is that which is usually adopted; but where there are distinct transactions to be stated, it is preferable to go through the chain of recitals relating to one transaction before entering upon those of the other.

When in a recital of a lease and release it is intended to speak of the united operation of the two deeds, the expression should be, that by indentures, &c. the lands were conveyed: but when notice of the lease is dropped, and the operation of the release only is spoken of, the words should be, grant, release, and confirm. The word limit seems to apply rather to the uses declared by the conveyance than to the land conveyed; it appears therefore inaccurate to say, that "by lease and release lands were limited to A. B. and his heirs, to the use of C. D. and his heirs;" the expression should be, that "the lands were conveyed to A. B. and his heirs, to the use of C. D. and his heirs," or, immediately, that they were limited to the use of C. D. and his heirs."

66

Although fines and recoveries are abolished (a), recitals of them will frequently be necessary; and as, when they existed, they operated as conveyances, the lands may be said in recitals to be conveyed to the conuzee or recoveror; but when the conuzee or recoveror is not named, it should be said that, by the fine or recovery, the lands were limited to the uses in question. And, as a recovery, and the deed making the tenant to the præcipe, and the deed creating the uses, form but one conveyance, it is sufficient to say that by these the lands were limited to such and such uses.

Where powers are recited, it is only necessary to recite so much as to show that the exercise then intended to be made of the power is warranted by it; as, on a sale under a power of sale and exchange, that part relating to the exchange is unnecessary; and so where a power to appoint by deed or will, and the power is to be executed by deed, no recital of that part relating to the will is necessary.

Whatever be the consideration of the deed should be fully

(a) 3 & 4 W. 4. c. 74.

Parcels.

stated, and it is sometimes more convenient to state it in the recitals than in the operative part of the deed.

In describing the parcels, three things should be attended to: that the description should be sufficiently comprehensive; that it be sufficiently particular to ascertain the lands; and that the description in the present deed be connected with the description in the former deeds, so as to show the identity of the lands throughout the title.

The parcels describing the lands in the lease for a year should correspond with the description of the parcels in the release; and if the lands are referred to in a schedule in the one, there should be a corresponding schedule in the other; but, if the lands are particularly described in the release, and a schedule also be added for the sake of identity, there will be no necessity for a corresponding schedule in the lease for a year. (a) The parcels in the release may be described either in the body of the deed, or in the recitals. When the ancient and modern descriptions do not agree, as is frequently the case where considerable alterations have been made by the enclosure of waste lands, or by erections of buildings, &c., it is usual to describe them by the old description in the recitals of former title deeds, with the additional clause," which said hereditaments, &c. are the same hereditaments, &c. as are herein-after described and intended to be hereby granted and released;" and then in the granting part to describe them by their modern description. Or the premises may be described by schedule or ground plan, or both. (b)

Trustees or mortgagees sometimes refuse to convey lands by any other description than that by which the lands were conveyed to them. There is not much reason for their apprehension on that account, particularly as qualified words may be made use of, which confine the lands in question to the lands originally conveyed to them. The following mode is also sometimes used: - the trustees are made to convey, in a distinct operative part, all such of the lands conveyed to them as are afterwards conveyed by the owner, and then the owner himself conveys the land by a distinct operative part. (b) Id. 447.

(a) 2 Prest. Conv. 382.

It is sometimes highly convenient to do, by two deeds, Two deeds. that which may be done by one; as for instance, where a party conveys his estate to a trustee upon trust to sell, if it is intended to declare any trusts of the money, it is better to do so by a separate deed. So, if upon a marriage, a mortgage debt is intended to be assigned to trustees, the monies and securities for them should be assigned by one deed, and the trusts declared by another. In both settlements and wills it is a common practice, where the property is considerable, to execute one of the realty, and another of the personalty.

With respect to other formal parts of the deeds and instruments in use for the transmission of real estate from hand to hand, notes will be found appended to the several precedents relating to that species of property; and, where it is thought advisable, the various classes of instruments will be preceded by general introductory observations, either upon their history or their peculiar uses in practice.

As before observed, the conveyance by lease and release will be placed at the commencement of the series, in consequence of its almost universal applicability to the purposes of conveyance of real estate.

NOTE.

In the following Precedents many repetitions will be found, which may, at first sight, appear to be resorted to for little else than to swell the bulk of matter: but it is presumed, that a slight reflection will serve to convince the reader, that the convenience will far outweigh the loss of space.

The purpose for which this Collection is intended is facility, as well as use in draughting; and it will be obvious how much time is lost from a party being compelled to refer constantly to the notes at the foot of a page, to know what portions of a particular Form before him are to be omitted, or what parts from the additions below are to be incorporated with the text, to answer any particular state of circumstances uttending the instrument he is preparing: a material inconvenience, arising from the practice of making one precedent serve for several different purposes.

Another material drawback to the usefulness of some collections, at all events so far as rapidity of drawing is required, is the constant reference in the text to clauses in other deeds contained in the same volume, and in many instances to clauses contained in other volumes of the set and this is more seriously felt when such references are made to forms adaptable to several purposes.

These may be considered as slight objections: perhaps they are; but they are stated here as affording reasons why the custom of repetition has been so much resorted to, and of which the following will afford an example. In the Forms Nos. 1. 11. 111. and iv. the Covenants for Title are in the great bulk similar, but each set of Covenants varies materially as to the state of circumstances of the granting party; in No. 1., the grantor is entitled from having bought the property; in No. 11., as devisee under a will; in No. III., as heir at law; and in No. 1v., as a purchaser, but having a power of appointment, which is exercised by the deed. The state of the grantee will also be found to vary, he sometimes taking in fee, and sometimes to uses.

Similar observations may be made respecting the "general words" in the first three Forms; and the reader will, therefore, be pleased to bear in mind, whenever these repetitions occur, the purpose had in view in their adoption.

Parties.

I.

CONVEYANCE BY LEASE AND RELEASE of
Piece of Land in Fee-simple.

THIS INDENTURE, made the day of, in the year of our Lord 1838, BETWEEN [vendor] (a), of ——, in the

(a) The vendor is here assumed to be either a bachelor or widower, or to have married after the 1st of January, 1834, in which latter event,