subject of the deed under preparation. The other recitals will proceed in like manner, adapting the recital to the circumstances.

The grant will be by words of reference to the description in the schedules, and will be governed by the intention of the parties. In general, it will be to this effect: "All "those, the messuages, &c. which are men❝tioned and described in the first, second, "and third schedules, to these presents, " and every part, &c."

66

In case the general words proper for the parcels in each schedule, are added in that schedule, then the reference will be to the rights, members, and appurtenances, by general words thus: after the words "

every

part and parcel of the same," adding "with the rights, members, and appur"tenances;" but when, as more frequently happens, the general words are not inserted in the schedule, the general words should be introduced into the body of the deed, in the same manner and in the same form, as if the description of the parcels had been inserted in the body of the deed, in the clause containing the grant.

While adverting to this subject it will be proper also to notice, that sometimes the ancient description, and sometimes the modern description is, for convenience, thrown into a schedule, instead of being contained in the body of the deed. Simplicity, and a desire to keep the deed in a state to

be intelligible, with greater ease, are the objects in view; and no persons except those who have had experience on this subject, can fully appreciate the practical convenience of these and the like arrangements. One caution, however, which is rarely observed, is deserving of notice in this place whenever there is one description dependent on another, or connected with it, care must be taken to guard against any omission which may be found in the effective description; and with that view, there should be added some words of reference to embrace the lands contained in the modern, or in the ancient description to which reference is made, either for identity, or for greater certainty: for instance, supposing the conveyance to be of "all "those lands heretofore described, as with a reference to them, as "now better "known or distinguished by the names of ;" or the grant is of all those now ; which said

"called

66

formerly described as

رو

were

or were formerly known by the names, &c. contain"ed in the schedules :" in each of these instances there should be ulterior words of description, for the purpose of comprehending, as the case may require, any parcels contained in the ancient or the modern descriptions, which may not have been effectually comprised by the efficient part

of the description. Such additional clause may be in these terms, or to this effect : "And all other the messuages, &c. which "are comprised or described in the sche"dules to these presents, and not herein"before released or otherwise assured;" or, "All other the messuages, &c. comprised "in the description, lastly hereinbefore "contained, and not hereinbefore releas"ed or otherwise assured." The necessity, or at least the expediency of such additional clause of description, arises from the consideration, that an additional description referred to for the purposes merely of certainty or of identity, cannot give to the terms of description, any effect beyond their own genuine import; consequequently the circumstances of identity or description cannot be made to comprehend lands which are clearly and beyond all doubt omitted.

For example, suppose three farms are intended to be conveyed, and they are called A., B., and C., and were formerly described as D., E., and F.; and the grant is of all those farms called A. and B., and the reference is, by these, or the like terms, "which said farms were formerly called, "D., E., and F." It is obvious, that this demonstration or addition is false; and it is apprehended that the false demonstration or addition, cannot extend the words

of description in the grant beyond their actual import, since it is as probable that the farm C. may have been omitted out of the grant by design, as that the farm F. may have been inserted in the enumeration of the circumstances of demonstration with an intention to include it,

In assignments of leaseholds the prevailing practice is to introduce the parcels in the recital of the lease; but in conveyances of the inheritance, it is always desirable, when the circumstances will admit of that arrangement, to introduce the description of the parcels into the operative part of the deed,

But even in conveyances in fee, particularly in re-conveyances by trustees or mortgagees, it is common to insert the parcels in the recital, and to convey them by words of reference to the description in the recital.

Trustees and mortgagees frequently object, under the advice of cautious practitioners, to convey by any other description: than the identical description contained in the deeds of conveyance to them, or those under whom they claim. In such cases, it is advisable to add to that description, words to comprise lands, &c. which have become subject to the same uses, since the creation of the trust or mortgage; thus: "All messuages, &c. which by exchange,

"allotment, or otherwise, are subject at "law or in equity to the uses or estates "affecting the messuages, &c. hereinbefore described, or any of them."

The observations peculiarly proper to the description of parcels in recovery deeds, will be found in the chapter on Recoveries.

When freehold and copyhold lands are intermixed, care must be taken not to include the copy hold lands in the operative part of the grant; or if they are included by general words, as parcel of a farm or close, &c. they should be expressly excepted.

In many instances, experience proves it to be impossible to distinguish the freehold from the copyhold lands, and it may happen that some of the lands to be particularly described, are of copyhold tenure, so that the exception of them would be inconsistent with the grant, and for that reason, the exception be void.

To obviate this difficulty, the grant itself should be of" All such and so many "and such parts as are of freehold and not "of copyhold, or customary tenure, of, "and in all, &c." adding a full description of all the parcels, including freehold and copyhold lands, or inserting such parcels in a schedule.

Sometimes the parcels are so circumstanced, particularly in cities and towns, and