LANCELOT SHADWELL, Esq.

LATE OF LINCOLN'S INN, NOW DECEASED,

In these Terms.

TEH great experience you have had, and the eminence you have deservedly attained, in the conveyancing department ofthe profession, have made me anxious to place this volume of a work, so intimately connected with the subject of our pursuits, under your protection.

It was intended that the subjects which will be included in the third volume, should have possessed this advantage.

They had a better claim to this protection, from the circumstance of your having honoured them by a perusal, and kindly suggested some corrections; of which I readily availed myself.

VOL. II.

But as the third volume cannot, with convenience, and consistently with other engagements, appear during the present year, I embrace the opportunity which the publication of this volume will afford me, of expressing the high sense I have always entertained of the kindness and liberality I have uniformly experienced in my professional intercourse with you: and of my admiration of the sound and extensive practical information you possess ; you possess; the necessary fruits of a long and laborious employment of eminent talents in the study and application of the rules of property; and in the discharge of the arduous duties of your profession, equally to your honour, and the advantage and satisfaction of the profession at large and the public.

And with great respect,

I am, dear Sir,

Your very faithful and obliged servant,
RICHARD PRESTON.

TABLE OF CONTENTS

TO VOL. II,

OF DEEDS TO LEAD AND DECLARE THE USES OF
FINES, RECOVERIES, &c.

GENERAL outline of distinctions between

1st. Deeds to lead uses,

2d. Deeds declaring uses,

3d. Conveyances to the intent that fines,

&c. shall be levied to uses, &c.

Uses cannot arise from a fine or recovery,

unless it operates as a conveyance

I. Of deeds-to lead the uses of fines

The rules in the Countess of Rutland's case

stated and examined

II. Of deeds-declaring the uses of fines, &c. after

they are levied

Whether the deed must be indented

Of an intermediate conveyance between

the fine and declaration

Of a declaration, in opposition to a previous

declaration, leading the uses, &c.

PAGE.

1, 2

2

7

7, 11

26

41

42

ib.

43

45

III. Of declarations of uses in conveyances which

pass an estate, &c.

Subsequent fines, &c. necessarily operate as

confirmations

Unless all persons concerned in interest agree

to vary the uses while executory

Of resulting uses for want of an express decla-

ration

Or a manifest intention

Of agreements for uses in deeds directed to

other objects

IV. Parts of a deed of uses

By whom the declaration is to be made

The assurances comprised by the declaration

The parcels

The mode of including the parcels

112

117

. 119

. 119

4. Remedies by action of covenant. ib.

Use of underleases in reference to attendant

terms

Of derivative terms

Rule, cessante statu primitivo

127

. 129

129, 134

PAGE

Difference between leases,

1. At common law

2. Under powers

3. And by tenant in tail

4. By tenant for life with confirmation

Loss of rents on an underlease by surrender, &c.

Of leases which depend on

1, Ownership

2. Powers

3. Enabling statutes

Leases which

1, Pass an estate

2. Operate by estoppel

3. By an heir apparent

4. Owner of a contingent remainder

5. Owner under an executory devise

On fines operating by extinguishment instead

of estoppel

On Roe ex. dem. Bulkley v, Archbishop of

York

Lease by several persons having several

interests

ib.

ib.

137

ib.

141

A term for years may cease for a time and be

in esse for a time

Of Leases.

1. Of the possession

2. Of the reversion

3. By way of reversinoary interest

Means by which leases may be created,

1. For lives

2. For years

3. Under powers

When a deed is and when it is not essential

Necessity of certainty of duration in leases for

lives

Forms of limitations in leases for lives
Doubted whether a lease for the lives of A. and
of a person unborn would be good
Leases for years determinable on lives, of whom
some are unborn, are good