FORM III.

Declaration of the Uses of a Fine.

day of

THIS INDENTURE, of three parts, made the 51st Geo. III. and in the year of our Lord 1811, between J. D. of, &c. and Joan his wife, R. D. of, &c. and Susannah his wife, J. D. of, &c. and R. D. of, &c. of the first part; J. B. of, &c. of the second part; and C. D. of, &c. of the third part. WHEREAS the said R. D. and Susannah his wife, J. D. and Joan his wife, J. D. and R. D. have acknowledged and levied, or intend forthwith to acknowledge and levy to the said J. B. and his heirs, one fine sur conuzance de droit come ceo, &c. of divers hereditaments in the county of Somerset, and among and together with other hereditaments which have been purchased by the said J. B. and have been or are intended to be conveyed to uses for the benefit of the said J. B. his heirs, appointees, and assigns, all, &c. (describe the parcels fully) with their and every of their rights, members, and appurtenances, which said closes, lands, and hereditaments, at the time of levying the said fine, stood limited to the use of the said J. D. her heirs and assigns, for ever. AND WHEREAS no uses have been declared of the said fine, so

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far as the same relates to, or comprises the said closes, lands, and hereditaments, described in the recitals hereinbefore contained. AND WHEREAS the said J. D. is desirous that the same closes, lands, and hereditaments, should henceforth be and become the inheritance of the said J. D. her husband, and be settled to the uses, upon the trusts, and for the ends, intents, and purposes, for his benefit, which are hereinafter limited, expected, declared, and contained, of and concerning the same; and the said R. D. and Susannah his wife, J. D. and R., D. who joined in the said fine, in respect of the hereditaments purchased by the said J. B. have at the request of the said J. D. and Joan his wife, and for the purpose of conformity, agreed to join in the declaration hereinafter contained, of the uses of the said fine, as to the closes and hereditaments described in the recitals herein before contained: Now THIS INDENTURE WITNESSETH, and it is hereby granted, declared, and agreed by and between all the said parties to these presents, as far as they respectively are interested in the closes and hereditaments mentioned or described in the recitals hereinbefore contained, and they hereby severally and respectively direct and appoint that the fine so as aforesaid, or in any other manner, or at any other time or times to be acknowledged and levied, and also all and every fine and fines, common recovery and common recoveries and other assurances whatsoever, at any time or times heretofore, and to be at any time and from time to time hereafter acknowledged, levied, suffered, made, and executed, of the said closes, lands, and hereditaments, comprised and described in the reci

tals hereinbefore contained, or any of them, or any part or parcel of the same, either alone or jointly with any other lands, tenements, or hereditaments whatsoever, by or between 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 any or either of them is or are, or shall or may be parties or privies, or party or privy, shall be and enure,and shall be construed, adjudged, expounded, decreed, and taken to be and enure, and the same is and are, and was and were meant, intended, and is and are hereby directed and declared to be and enure; and that the person or persons to whom the said fine or fines, common recovery or recoveries, or other assurances respectively, have or hath been, or shall or may be levied, suffered, made, and executed, shall stand and be seised as to, for, and concerning the said closes, lands, and hereditaments, mentioned and described in the recitals herein before contained, and every part and parcel of the same, with the appurtenances, to the uses, upon the trusts, and for the ends, intents, and purposes, hereinafter limited, expressed, declared, and contained, of and concerning the same, that is to say, (here follow uses to prevent dower.) IN WITNESS, &c.

FORM IV.

Feoffment made to gain the Freehold by Disseisin.

THIS INDENTURE, made, &c. between J. C. of, &c. and M. his wife, of the one part, and A. B. of, &c. of the other part; WHEREAS the said J. C. is desirous of making a feoffment and levying a fine of the messuage or tenement, yard, garden, and hereditaments, hereinafter described, and also granted and enfeoffed, or otherwise assured or intended so to be, and of limiting the same messuage, &c. to the uses hereinafter expressed and declared concerning the same; and the said M. the wife of the said J. C. hath agreed to join. with him in levying a fine of the same messuage, &c. and hereditaments: Now THIS INDENTURE WITNESSETH, that for the purposes hereinbefore expressed, and in consideration of ten shillings of lawful money of the united kingdom of Great Britain and Ireland, current in Great Britain, to the said J. C. well and truly paid by the said A. B. before the execution of these presents, the receipt whereof is hereby acknowledged; the said J. C. hath given, granted, enfeoffed, and confirmed, and by these presents doth give, grant, enfeoff, and confirm unto the said A. B. his heirs

and assigns, ALL, &c. (the parcels and the appropriate general words-and the reversion, &c.) To HAVE AND TO HOLD the said messuage, or tenement, yard, garden, and hereditaments, hereby granted and enfeoffed, or otherwise assured, or intended so to be, and every part and parcel of the same, with their and every of their appurtenances, unto the said A. B. his heirs and assigns for ever; TO THE USE, &c. (uses to prevent dower. Covenant to levy a fine, with a declaration that the same shall operate.) To THE USES, upon the trusts, and for the ends, intents, and purposes hereinbefore limited, expressed, and declared, of and concerning the same, in confirmation of these presents, and for the purpose of giving more complete effect to the same. IN WITNESS, &c.

Observation.

There must be a letter of attorney from the feoffor, if absent, to give livery, and from the feoffee, if absent, to receive livery; the feoffor by himself or his attorney should enter in the house, and claim the same as his inheritance: all other persons should thereupon quit the same: afterwards he should deliver the deed prepared from this draft, and then taking the key of the house, deliver the key to the feoffee, in the name of seisin and as seisin of the house and premises, with the appurtenances, to the feoffee, his heirs and assigns, according to the form and effect of the deed. On the deed there should be indorsed a memorandum of the transaction in these words, or to this effect :

Memorandum-That on the day and year first within written, the within named J. C. did enter