in common field lands, that it is almost impossible to describe them accurately; or if they could be accurately described, the description would run into a great and inconvenient length.

In cases of this sort, a map or plan may, with great convenience and propriety, be used or referred to, as part of the description of the parcels.

In that case, the reference to the map or plan may be made by a clause to this effect" which said hereditaments are more

particularly delineated or described in "the map or plan thereof written in the

margin (or according to the fact) contain"ed in the schedule to these presents," or "in the schedule hereunder written, or "hereunto annexed." In this instance also, there should be general words to comprehend all the parcels in the map, so as to embrace those parcels, if any, any, which which may have been omitted out of the description in the grant.

Sometimes, and particularly in titles depending on terms for years, it is impossible from the confusion of boundaries, or otherwise, to shew to what parcels the description in the ancient deeds is applicable. As often as this difficulty occurs, different modes of practice are observed.

Sometimes the deed creating the lease recites the parcels fully, as in the lease; and

66

the parcels which are sold, and are to be assigned are described either in the recital of the purchase deeds, or some other recital, or stated in a schedule, and the assignment will be made of "all such and so many "and such part of the hereditaments comprised in the said indentures of, &c. and thereby demised, &c. as are comprised in "the said hereinbefore recited indentures," or according to the circumstances" in the "schedule hereunder written, or hereunto "annexed;" or some other terms of reference adapted to the circumstances of the cases should be used.

At other times the parcels to be conveyed are described fully in the operative part of the deed; and words of qualification to this effect are added: or such and so many and "such parts, &c. of the said messuages, &c.

66

as are comprised in the said term, and became vested in the said, &c." either by the means aforesaid, or any other means.

For a variety of forms of this sort, see the precedents to be introduced into the next volume.

In deeds of partition and settlement it is usual to have a general description in the operative part of the deeds, and a more detailed and minute description in the declaration of uses. This becomes necessary when by reason of a new arrangement of

the parcels into farms, &c. the old description is inapplicable to the allotments.

A preferable mode seems to be to allot, the lands, and describe the lands in each allotment fully in a separate schedule, and to convey all the lands comprised in the schedules; and then to declare the use of the lands in the different schedules, according to the agreement of the parties; by appropriate references to those schedules.

When exchanges have taken place either under acts of parliament or under other authorities, it is common to grant the parcels by their old description, and to add an exception of all the lands which have been taken from the grantor under the allotments, and to grant by general words, or a particular description, all the lands which have been allotted to him.

To the particular description should be added the general words of " all messuages, "&c." or "all houses, &c. or all ways, &c." adapted to the particular parcels.

And when the words of description used in the deed under preparation embrace, under a collective name, or general denomination, more lands than are intended to pass, there should be an exception of such of the lands, &c. as are not intended to be conveyed. This exception should be made by the words " excepting out of the grant, &c." hereby made, or some other words to that

effect. An exception is particularly important when there is a grant of a manor, and some of the demesnes are to remain the property of the grantor, or are to be conveyed to other persons.

The rules respecting the exception (a) are 1st. It must be to the grantor, &c. at least not to a stranger. But it is not necessary to name any person.

2dly. It must be of part of the thing granted, or of an easement, as a way, &c. and not of a thing not comprised in the grant, nor of a thing not in esse (b).

3dly. It must be of a particular thing out of property comprised under general words, or under a general denomination ; as a farm out of a manor; a close out of a farm; a room out of a house; or the like.

For the exception of a particular thing granted by a particular name, will be repugnant to the grant, and void for that reason.

4thly. It must be of a thing capable of being severed; and the description of the thing excepted, must be as certain as if it were to be granted (c).

After the description of the parcels the clause of all the reversion, &c. is generally added.

(a) Co. Litt. 47. a.

1 Shepp. Touchstone, 76.

(b) Difference between exception and reservation, Co. Litt. 47. (c, Wilson v. Armourer, Sir T. Raymond, 207.

This is a formal and not a necessary clause. By a grant of lands the reversion or remainder of those lands will pass (d); but lands in possession will not pass by a grant of the reversion or remainder (e) of these lands; but a reversion will pass by the name of a remainder, or a remainder will pass by the name of a reversion (ƒ).

With some gentlemen it is a practice to grant the reversion or remainder, and not the lands themselves, as often as the grantor has the reversion or remainder only. As often as this is done care should be taken that the reversion or remainder is accurately described any important error in the description would vitiate the grant; for instance, when there is not any such reversion or remainder as that which is mentioned in the grant.

For this reason it is rarely if ever prudent to grant the reversion or remainder eo nomine, as the efficient part of the description.

The particular case in which it is convenient and even proper to grant the reversion or remainder eo nomine, is when the grantor has several estates in the same lands,

(d) Plowden 161.

10 Rep. 107 a. Vaughan 83. e) 10 Rep. 107 b. Vaughan 83. (f) Shep. Touchstone, 84.

ни 2