Imatges de pÓgina

if that description so far agrees with their present description as to leave no possible doubt as to their identity, and such identity has been regularly preserved, nothing more will be required in abstracting the subsequent deeds but to give them by reference in this manner, "all the herein before mentioned premises." But when there is any exception of some particular part of the premises, or any changes in the description, such exception or changes should be stated fully, as also the clause describing the quality.

The General Words.

The general words, and the usual clauses of all the reversion, remainder, estate &c., when in the usual form, may be given very briefly, thus :

And all houses, &c.

And the remainder, &c.
And all the estate, &c.
And all deeds, &c.

The Habendum.

The habendum should be fully abstracted, so as to shew who the limitation is to, and what charges the property is subject to; and in titles of leasehold property, the terms for which it is granted.

The Reddendum.

The reddendum may in general be abstracted very shortly, except when rent is reserved in some particular manner, or where the rent is the subject of the title to be considered, and the deed is abstracted for the purpose of shewing the creation of the rent. In cases of this kind the abstract should be full, with these exceptions: it is suffi. cient to shew the quantum of rent and the stated times of payment; and if such be the fact that the rent is to be clear of deductions for land tax, or of all deductions generally, and what rates, taxes, and what covenants and conditions the premises are subject to or exempted from.


Uses, especially those to bar dower, should be given in the language of the deeds; or in other words, they should be transcribed and not abstracted.


Trusts are of several descriptions. 1st. Those which limit estates in a special manner, as to L. M. for life, remainder to his first or other sons in tail, or the like. 2ndly. Trusts by way of power, as upon trust for such persons &c. and as J. E. shall

appoint; and these trusts fall under the same consideration as powers. 3rdly. Trusts which direct a settlement, &c. and a sale, &c. an exchange, &c. and the payment of debts generally, the payment of schedule debts, the payment of portions, of money to be raised by way of mortgage for particular purposes, varying the mode of trust with all the various exigences of families or individuals.

Trusts of this description should be abstracted as far as they are natural to the title, and all such trusts as have been and are intended to be performed, you should shew so much of the trust as will satisfy the purchaser that the act which was directed to be done has been duly performed; and if it be incumbent on the purchaser to see that the money arising under the trusts has been duly applied, then the trust which directs the application should be stated. (1 Prest. Abst. 134.) But if it can be clearly ascertained that they have not, or cannot be exercised, or are not intended to be carried into effect, a short statement that there were such trusts in the deed will be sufficient.


Powers which have been exercised, or which are to be exercised in order to complete the title, should be abstracted verbatim. They should snew the person or persons oy wnom the power

is to be exercised; the mode of exercising the power, as by deed, will, &c.; and the circumstances which are to attend the execution, as the attestation, &c.; the time at which the power is to be exercised, if any time is prescribed: the consent or request, which are essential to a valid execution of the power, and the mode in which such consent or request is to be expressed; the act authorised by the power, as to sell, exchange, &c. together with the circumstances connected with the mode of executing the power; the person or persons in whose favour the power is to be exercised, as children, or a particular child, and the estate which may be appointed to them; and whether the power is to be exercised revocably or irrevocably. Powers, such as are barred, released, extinguished, or become incapable of taking effect, or which are immaterial to the title, may merely be noticed in the abstract.

When there is an indemnity to purchasers paying the money, and the power has been exercised, the clause which enables the trustees to give receipts for the purchase money should be abstracted, and the clauses which contain the directions for the application of the money should be omitted.

If the deed contain a power to appoint new


trustees, and the title is, or is to be derived through or under the new trustees and the acts done by these trustees, the powers should be fully abstracted; but when this is not the case, it is sufficient that it be shortly referred to. (1 Prest. Abs. 152.) It is sufficient that there be a notice that such a power was conditioned in the settlement in these terms -with power to G. C. to jointure on a second wife; or with the usual power to sell, exchange, and make partition; or with a power to raise portions for younger children of a second marriage, or the like.

The Provisoes and Conditions.

Conditions and provisoes,-as conditions for defeating the estate granted,-provisoes for redemption and re-conveyance, and for the lessee of terms, should always be abstraeted. In abstracting a proviso for redemption, it should be shewn by whom the money is to be paid, and to whom : the time of payment and the rate of interest should also be mentioned.

In abstracting the provisoes for lessees, the part of the proviso setting out on what circumstances the term was leased, should be fully stated. Stewart's Conv. and Prest. Abst.

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