Original Precedents in Conveyancing

A Collection of Precedents, obtained folely from the opportunities afforded by actual PRACTICE, Will, generally, be more or lefs incomplete, for want of an equal and uniform variety of the feveral fpecies of Affurances of which it is compofed. Where this defect was discovered in the prefent collection, it has been fupplied by the EDITOR, either from his own private collection, or by drafts exprefsly prepared for the purpose.

Deeds founded upon principle will vary in their form according to the tendency of the principle by which they are governed; and as Mr. POWELL (like all other men of independent abilities,) occafionally entertained opinions which, however confonant with genuine notions of law, were not in every inftance implicitly adopted by his Cotemporaries, fome of the precedents admitted into the collection may be thought to vary from those which the Student has been accustomed to meet with. Thefe variations, and the reasons upon which they were founded, the Editor, from his long intimacy with the Author, has had peculiar opportunities of knowing; and as the

Manufcripts which have now come to his poffeffion, will probably enable him to account for many of them, without trusting solely to the fallacy of his own recollection, he fhall, as often as he can, endeavour to do it from that source; and in other cafes a fimilar attempt will be made, by quotations from fuch other of the Author's writings as are in print.

But as the Conveyancer will be but feebly prepared to fecure the interefts of his Client, by an acquaintance with the FORMS alone of Deeds, without a knowledge of the principles upon which they are constructed, and the objects they are respectively calculated to effectuate, the Editor has introduced ESSAYS, or ELEMENTARY DISSERTATIONS on the NATURE and USE of the different Species of Affurances contained in the collection; and fubjoined occafional NoTES and REMARKS explaining the EFFECT and OPERATION of the several ftipulations contained in them; together with References to fuch Books and Cafes, whence any further information which the Student may be defirous of acquiring upon the fubject, may be moft readily obtained.

In executing this part of his intentions, the Editor feels himself called upon to apologize to the profeffion for having occafionally referred to the "ELEMENTS OF CONVEYANCING." This he would have avoided, had there been any other compilation to which he could have referred with equal ease; but the very short time allowed to him by the pledge which the Proprietors had previously given to the profeffion, for commencing the publication of a selection to be made from fifteen manuscript volumes in quarto, rendered it impoffible for him in many inftances to refer to more pointed authorities. He also imagined that a reference to fome general treatise might often be more convenient to the generality of thofe by whom he conceived a work of this nature most likely to be purchased, than perpetual recurrences to diftinct treatises and cafes, which might not be always within the immediate reach of every Practitioner.

The recent date of many of the drafts contained in this collection, may poffibly occafion an apprehenfion to be generated in the public mind, left a disclosure should be made by their publication, of

the private arrangements of individuals; this apprehenfion has not escaped the Editor's attention, and he thinks he can venture to affert, that whereever concealment could be deemed at all neceffary, it has been effected.

This Day were published, in Royal Odavo,

SCIENCE OF CONVEYANCING;

COMPRISING

I. The Nature of the feveral Species of Real Property.'
II. The Eftates and Interests, which may be had in fuch

Property.

III. The Injuries of which thofe Eftates are fufceptible,

with the means of redreffing them.

IV. The Nature and Operation of the different Species of