that use. An impediment arises from the use declared in favor of A. though A. is to be merely a trustee. This point has been more fully discussed in a former division. At present, it will suffice to notice, that the release should never be made to the use of the releasee, when the intention is to declare, on his seisin, uses to be executed into estate, in favor of other persons under the statute of uses.

Of Covenants.

It remains only to be observed, that the deed should contain such covenants for title as are adapted to the circumstances of the case, and the intention of the parties.

491

APPENDIX.

FORM I.

Covenant to levy a Fine. The most simple Form.

THIS INDENTURE, made the

in the

day

of year of the reign of our sovereign George the 3d. &c. and in the year of our Lord BETWEEN A. B. of, &c. of the one part, and C. D. of, &c. of the other part, WITNESSETH that it is hereby declared and agreed by and between the parties to these presents, and the said A. B. for himself, his heirs, executors, and administrators, doth hereby covenant and agree with the said C. D., his heirs and assigns, in manner following, (that is to say) that he the said A. B. shall or will at his own proper costs and charges as of Trinity Term now last past, or in, or as, and before the end of Michaelmas Term now next ensuing, acknowledge and levy unto the said C. D. and his heirs, before his Majesty's justices of the Court of Common Pleas at Westminster, one or more fine or fines, sur conuzance de droit come ceo, &c. with proclamations according to the form of the statutes in that behalf made and provided, and to be engrossed and re

:

corded according to the order and course of fines
in such cases used and accustomed, of ALL (par-
cels fully) (and general words) AND ALSO of all
other the messuages, lands, tenements, and here-
ditaments, which by the said
&c. were
&c. together with their rights, members,
and appurtenances, by the names and descrip-
tions of four messuages, six cottages, one toft,
six barns, two dovecoats, seven gardens, six
orchards, five hundred acres of land, sixty acres
of meadow, seven hundred acres of pasture, and
fifty acres of furze and heath, with the appurte-
nances, in Rudston, and the parish of, &c. or by
such other apt, proper, and convenient names,
number of messuages, and acres, quantities, quali-
ties, and other descriptions as shall be sufficient
to comprise the same. AND it is hereby agreed,
by and between the parties to these presents, that
the fine or fines so as aforesaid, or in any other
manner, or at any other time or times, levied or
to be levied, AND ALL and every other fine or
fines, common recovery or recoveries, and other
assurances whatsoever, at any time or times here-
tofore, and to be at any time, and from time to
time hereafter acknowledged, levied, suffered,
made and executed, of and concerning the said
messuages and hereditaments respectively, or any
of them, either alone or jointly with any other
lands, tenements, and hereditaments, by or be-
tween the said parties to these presents, or any
of them, either alone or jointly, and together with
any other person or persons whomsoever, or to
which they or either of them is or are, or shall or
may be parties or privies, or party or privy, shall be

and enure, and was and were meant and intended, and is and are hereby directed and declared to be and enure, and the conuzee or conuzees named and to be named in the said fine or fines, and every of them, and his and their heirs, and all and every other person or persons respectively, to whom the said fine or fines, recovery or recoveries, and other assurances respectively, have or hath been, or shall or may be acknowledged, levied, made and executed, shall severally and respectively stand and be seised, As to, for and concerning all and singular the said messuages, lands, and hereditaments, with their rights, members, and appurtenances, To the use of the said A. B. bis heirs and assigns for ever (a), and to no other use whatsoIn witness, &c.

soever.

(a) The uses will be varied according to the circumstances : and there should be recitals and special forms in the testatum clause only when circumstances require specification of a particular intention.