of form, or by disregarding the practice of experienced men. The further he advances, the more he will be satisfied of the value of the experience derived from others; and, as far as the author's observations have enabled him to judge, those gentlemen alone have succeeded who have pursued this course of study, now recommended.

To distinguish between the formal and essential parts of deeds, is one of the great objects of the work now submitted to the profession. To guard the student against error, and to form his mind, as they are objects of the first importance, so they are always kept in view throughout this work.

That this object might be continually enforced, the author has frequently sacrificed himself to his reader. He has rather subjected himself to the imputation of repetition of the same thoughts, in different parts of the work, than neglect those cautions, or that chain of thought, or line of arrangement which the immediate context seemed to require. This will be found in a more than ordinary degree in the chapters on Recoveries and Fines: and it is in those chapters to be accounted for, from the circumstances that the part in recoveries which relates to recovery-deeds; and the part in fines, which relates to the form, &c. of fines, and the deed to lead or declare

the uses, are additions to the original manu

script.

Each chapter contains a succinct essay on the particular assurance of which it treats. In reference to that assurance there is a part which is theoretical, and a part which is practical.

The theoretical part is intended to incul cate first principles; to teach the student elementary rules; the nature, the object, and the use of the particular assurance; the purposes to which it may be applied, and the circumstances under which it may be used, and the cautions to be observed. The practical observations detail the parts of the deeds, &c. with comments on the form of the assurance. They also distinguish such parts as are formal, from those which are essential. And in the Appendix forms are added, in illustration of the practical observations.

This arrangement of the subject accounts in some degree for the arrangement of the book.

Some may express their surprise that the work commences with Common Recoveries. This happened by accident; but this very accident, has perhaps been productive of advantage, as it determined the form of the different chapters.

Sheppard, in his Touchstone, commenced

with fines and common recoveries. This circumstance, however, had no influence in the author's arrangement. For Its origin is wholly attributable to the circumstances under which the observations were dictated.

The original design was to write on detached clauses of deeds, as collected for the use of pupils, in several volumes, denominated Common Forms. The clause of agreement for suffering a common recovery, and the declaration of the uses, is the first form, in the first of these volumes; and this single circumstance was the origin of the arrangement of the work.

After some progress had been made with the observations, the author felt, that if he had sat down to write a systematical treatise on conveyancing, he ought to have given a different form to the work, and treated of it, in a more scientific manner, and by way of elementary deduction. Reflection reconciled him to the course he had adopted. Each chapter, as it stands, is a commentary on the particular assurance of which it treats; and the author considers that it may be used by others, as he intended it should be used by his own pupils.' The moment it is determined to adopt a particular assurance, for example, a lease and release, the chapter which treats of that assurance may be read by the student, with

.

a view to understand the general rules respecting these deeds, and the parts of which they consist. When he is preparing his draft, he may consult each division of that part of this chapter, which treats of the form of this assurance; and thus, at once, with the assistance of his precedent, and with no great exertion of mind, combine the theory and the practice, by which his attention is to be governed. By pursuing the same course, as often as he shall find it necessary, he will ultimately, and at no distant period, render any further recourse to this chapter unnecessary.

Beyond the form of a deed, is its final object; for instance, the lease and release may be parts of an assurance for suffering a common recovery; for completing a purchase; for effecting a settlement, &c. The particular learning most interesting, as to common recoveries, will be found under that chapter; and may be consulted as the occasion shall require. And should the author be blessed with life and health, and his labours be favourably received by the profession, he will add chapters which shall contain the appropriate observations on purchases, settlements, &c. Considerable preparation is made towards the accomplishment of this object. b

VOL. I.

Another reason, too, which determined the author not to begin from the more elementary parts of conveyancing, was that he found this part of the subject, performed in a very valuable little manual, under the title of Sheppard's President of Presidents. This work is now out of print. By way of lecture, the writer of these observations, some time since made considerable additions to it: and the present impression of his mind is rather to publish a new edition of this little work, with the addition of his notes, than to withhold from the profession a book more valuable, and more useful, than any he could substitute; and he will take an early opportunity of publishing this little work, and, by that means, supply the deficiency which may appear in the present publi

cation.

The present publication is intended to consist of two volumes.

The volume now offered to the profession embraces the following subjects:

Common Recovery,

Recovery Deed,

Fines,

And an Appendix of Forms of Recovery Deeds.

The next volume, (which, with the excep