Imatges de pÓgina

of Middlesex, Esquire, (eldest son and heir of [ ])." Now it is difficult to say whether this between the parenthesis does in fact form part of the deed, or whether it is merely information intended to be given by the solicitor for the purpose of throwing additional light on the trans-action. To obviate this difficulty some words. should be inserted in this or the like form," therein stated to be the eldest son," &c. &c. And as a general rule, nothing which is found in the deed ought to be put within parenthesis in the abstract, even though it be so in the deed, except in mere transcripts, in which case any information of the kind (which is frequently very desirable) may be given in a parenthesis; thus, J. B. B. of the town of Brecon Esq. (who is since dead) or, (who survived the said L. M.) or (who was the eldest son), &c. In deeds were a great number of persons. are introduced as parties, and the acts done by many of them are immaterial to the title under consideration, they should be named very briefly, in these or the like terms, "several other persons of the second, third, and fourth parts," or, "several other persons not interested in the property, which is the subject of this abstract, of the second, third, and fourth parts."

The Recitals.

The recitals are of great importance, as serving to throw light on the state of the title. Having shewn the date and the parties, this part of the abstract is generally introduced thus: "After reciting that by indentures of lease and release, bearing date, &c." and giving, as concisely as possible, the substance, but without losing the effect of the recital. If the recited deeds are properly set forth in the principal deed, such recitals will contain little more than what will be necessary to shew upon the face of the abstract; namely, the effect, substance, and effect of the deeds recited; for if such effect could not have been fairly given in fewer words in the shape of a recital, it ought not to be considered too much to be given in the shape of an abstract; for what in short is a recital but an abstract of the deed recited? But do not suppose from this that I mean the abstract to contain a mere transcript of the recital (which I have often found more verbose than either form or effect required); but only that you should bear in mind that abstracting a recital is but abstracting an abstract; and therefore you cannot be allowed so much latitude as in abstracting a deed. Nor is it to be understood that the whole of the recitals must at all events be noticed, for if they relate to

deeds or circumstances which have nothing to do with the title about to be investigated, there is no occasion to notice them in the abstract; but this must in all cases be left to the professional skill and discretion of the gentleman who prepares the abstract. Any recital which may materially affect the history of the legal or equitable title should be fully expressed. (1 Prest. Abstracts, 56.)

Powers and Trusts.] When a deed is made in pursuance of a power, or in the execution of a trust, or previous agreement in writing, the recital of such power, trust, or agreement, should be fully set out, as the validity of the deed may depend upon its conformity to these previous instruments. But if it should so happen that either from loss or any other cause it cannot be done, the recital of it should be given fully, and it will in most, if not in all cases, be advisable to give an exact copy of the recital, accompanied by an intimation of the absence of the recited deed, and that the recital is given verbatim. (See Mr. Dixon's valuable work on Title Deeds.) Notifications of important facts, such as births, deaths, marriages, survivorships, &c. should be transferred unto the abstract as they are there found, giving the date of each fact separately, rather than under marginal dates in different parts of the abstract; but if there is any fact of importance which is not contained in the

recital, and which is necessary to complete the chain of title, it should be given in its chronological order.

Entails.] When the parties to the deed themselves declare in the shape of a recital what their object is, such recital should be abstracted. As for the contract for purchase, the intention to bar entails, &c., such recitals not unfrequently give a turn to the construction of the deed, and therefore are proper to appear on the abstract. (See Dixon and Prest.)

Recital of Bargain and Sale.] The recital of the bargain and sale for a year, upon which the release is grounded, is very rarely noticed further than this: "in his actual possession &c.," and this is all that is generally required. This recital is very important when the lease for a year is missing, as it will be presumptive evidence in favor of the existence of such lease, and in Ireland it is conclusive evidence.

Operative Part.] The testatum, or witnessing clause, and the payment of the consideration money should be fully and correctly given, particularly when there is necessity to see that it is paid to a particular person, or applied in a particular manner; and when it is stated that it is "in full for

the absolute purchase &c., or in full for the absolute payment and discharge; " or when the consideration is blood or marriage, it should be stated.

What circumstances should be noticed.] The following circumstauces should always be noticed. When the conveyance is expressed to be made with the consent of a third party, or in pursuance of a power, or of the contract or agreement for making the same, or the granting parties are described as acting on the behalf of others, as trustee, executor, &c. the names of the grantors and grantees should be repeated as often as they occur; and as there are generally words of limitation to the grantee in the testatum clause as well as in the habendum,-viz. heirs, executors, administrators, or assigns,-such words should be given as they are found in the deed.

Nominal considerations—as 10s. and the likeshould be noticed very briefly. If there are several witnessing clauses, they should of course be kept separate and distinct from each other upon the abstract.

Of the Parcels.

The parcels must be given full length as they are contained in the first deed in the abstract, or at least the first in which they are contained, and

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