"the said [testator] deceased, for whom portions were “provided under the aforesaid term of 500 years, of the "third part; the said (one of the trustees already named) "the surviving trustee named in the indenture of &c., "hereinafter recited, of the fourth part; the said [mort"gagees] of &c., of the fifth part; and [trustee for mort"gagees] of &c., a trustee named by the said [mortgagees] "for the purposes hereinafter mentioned, of the sixth "part." Generally speaking, however, this mode of introducing the character of the parties is to be avoided whenever it can, by means of recitals disclosing so much as is necessary for the purpose of rendering the transaction intelligible. Where the deed is the settlement of a family estate, the parentage of the parties should be stated so far as is necessary to show what relation subsists between the present settlor, and the person who made the last settlement; so that by means of the principal family deeds, the chain of descent may be recorded and preserved. In a conveyance of the unsettled personal estate of the wife, she is not a necessary party, as all such interests may be leased, assigned or surrendered without her concurrence. CHAP. I. SECT. I. reconveyance Where two persons join in lending money, and take Parties in the a joint security, though the entire legal estate is in the of a mortgage. survivor, yet the personal representatives of the deceased mortgagee must join in the reconveyance, in order to get the estate discharged from their shares of the mortgage money. To avoid the necessity for this, the mortgage deed should contain the following declaration :—“ And it is hereby agreed and declared, by and "between the parties to these presents, that in case of the "death of either of them, the said [mortgagees], before CHAP. I. When trustees should join. Parties in an assignment of mortgage. -on sale of bankrupt's estate. "the aforesaid principal sum of £ and interest there"on, shall have been repaid by the said [mortgagor] his "heirs executors administrators or assigns, it shall be "lawful for the survivor of them his executors adminis"trators or assigns to receive the said sum of £—— and "interest thereof, or any part thereof, and that his or "their receipt or receipts shall be an effectual acquittance "and discharge for the same." Trustees must all join both in conveyances and receipts, unless any of them have disclaimed,—the trustee so disclaiming ought not to join. Trustees to bar dower should always be made parties when their concurrence can be obtained, though there is no necessity for their doing so if the purchaser be satisfied that the power was well created and is still subsisting. On an assignment of a mortgage, the mortgagor ought to be a party, otherwise the assignee takes subject to the account between the mortgagor and mortgagee. On the sale of a bankrupt's estates under a commission, it was always considered desirable to have the bankrupt join in the conveyance, whenever his consent could be obtained, because thereby the necessity of proving the regularity of the commission was avoided and a regular chain of covenants kept up, and the bankrupt thereby released the estate from any charge upon it which might arise from his right to the surplus, if there happened to be any: And now, under the late bankrupt act, the bankrupt will be ordered, on the petition of the assignees or purchaser, to join in the conveyance, if the bankrupt shall not try the validity "of the commission, or if there have been a verdict at "law establishing its validity."(1) . 66 (1) 6 Geo. 4, c. 16, s. 78, CHAP. I. SECT. II. Order of the The parties should be in this order: -the conveying before the receiving parties; the legal before the equitable owner; the freehold before the chattel tenant; per- parties. sons having estates before those having mere rights; and these latter before consenting parties; the vendor follows the whole of the conveying parties, but the purchaser precedes the parties on his behalf; trustees of the fee come before trustees of the term, and these according to the priority of terms. SECTION II. Of the Recitals. recitals. Singular as it may appear, experience universally Importance of shews that no part of a deed requires more attention than the recitals, and nothing contributes so essentially to the clearness and general neatness of the draft as a well arranged and clear statement of these introductory details. The main purpose of the recitals is to explain the transaction which the deed effectuates, to unfold the objects and inducements of the parties, and to furnish the means of obtaining and preserving evidence of the title. It would be obviously impossible to describe all the varieties which this part of the deed may assume, and to anticipate every difficulty which may arrest the career of the young conveyancer; all that can be done, is to lay down a general outline of the points to which he should direct his attention, and to state the general principles established by the most eminent draftsmen. Long practice in drawing, or a familiar acquaintance with the most approved forms and prece CHAP. I. Recitals practically essential. dents, can alone furnish that extent and variety of information which constitute the accomplished conveyancer. Whoever would attain to a great facility in the practice of conveyancing is strongly recommended to confine himself, in general, strictly to settled forms, whether it be in the recitals or in the operative or other parts of a deed; and never to indulge himself in the idle license of departing from them farther than the peculiar circumstances of any case may render essential, except where some recent decision of the courts, or the result of more extended experience, may have suggested some change or addition which will be proper to be introduced on all future occasions. Such a practice is essential to the attainment of accurate habits of drawing, facilitates instruction materially where that is the object, and promotes, in every way, the despatch of business and the availableness of clerks and pupils. To gentlemen in established practice it is also necessary, with a view to the satisfaction of clients, who are familiar with these drafts, to adhere closely to the same forms. There is also this convenience, that when the recitals are prepared agreeably to forms which have been carefully settled and approved, the draftsman can pass easily over this part of the instrument, and settle with more care the operative and essential parts of the deed. Recitals are commonly said to be not an essential part of the deed, and, in a certain legal acceptation, this may be admitted to be true; but yet, nevertheless, the conveyancer who should attempt to introduce into practice a deed without recitals, would probably find that his client considered them to be a very essential part of the document, whatever might be the language of the courts or report-books to the contrary. Techni cally and legally it may be said that recitals are not essential,-practically they are. Recitals are of modern invention, and their object is to give a history of the title since the last purchasedeed, where the transaction to be recorded is a purchase, for the purpose of shewing a connection of title and keeping up an entire chain of warranty. In other transactions, so much must be recited as is necessary to shew that the parties have authority to do what the deed in preparation proposes to effect. Recitals are employed either in stating the substance of so much of the preceding deeds, and other assurances of the title, as are necessary in the present transaction; or in disclosing certain collateral facts, as deaths, descents, marriages, and representation by executorship, letters of administration, &c. CHAP. I. SECT. II. Where the deduction of title is not multifarious it General rules to be observed may be recited by each separate document, but where in recitals. it is multifarious it will be proper to combine and give the effect of the several intervening instruments when that can be effected; as, for example, where there have been several mortgages which have ultimately become consolidated, it will be sufficient to state that the party had created several mortgages which by divers mesne assignments have become vested in the conveying party. Where a defect has been remedied it may be recited, but when it is not cured it should be passed over without notice. Where a consequence of law is stated, the technical words are,-" by reason whereof." The technical mode of reciting a probable circumstance is," and whereas there is reason to believe." It is a general rule, that where a reasonable presumption of a fact arises, and such fact does not exist, |