CHAP. I. SEC. II. -of agreement for splitting the consideration money. -of the invest inclosure act, and of all and singular other the hereditaments hereinafter mentioned, and intended to be hereby granted and released, with their and every of their appurtenances free from incumbrances, except the land tax and several subsisting taxes, &c., all for the price or sum of £ AND WHEREAS, for the purposes of the stamp duty act, it hath been agreed that the said sum of £- the purchasemoney aforesaid should be split into two parts, and that the sum of £ -, part thereof, shall be the consideration for the freehold, and the sum of £- residue thereof, the consideration for the copyhold. AND WHEREAS, in pursuance and part performance of the ment of a sum said agreement on the part of the said of money in stock. (Form 2.) he, the hath this day laid out and invested the sum of lawful money current in England, in the purof £ three said bank of England, as they, the said , do hereby AND WHEREAS, in pursuance of the said agreement, they, the said A. and B. respectively, have this day transferred the said respective sums of £ three per cent. consols bank annuities, and £ four per cent. bank annuities, unto the said C. and D. and the same sums respectively are now standing in their joint names, in the books of the Governor and Co. of the bank of England, as they, the said C. and D., do hereby admit and acknowledge. AND WHEREAS it hath been agreed that the said parties join in should join in the conveyance intended to be hereby made, and in the fine hereinafter covenanted to be levied of the for the purpose of strengthen- said hereditaments for the purpose of strengthening the title ing the title. to the same, and for conveying and releasing all the right, title and interest of dower, jointure or otherwise, of them, the said and each and every of them of, in, Recital that conveyance to, from and out of, or upon the same hereditaments, and hereinafter on their parts contained. CHAP. I. SEC II. WHEREAS his most excellent Majesty King George the Recital of a Fourth, by his letters patent under the great seal of Great patent. Britain, (1) bearing date on or about the day of in the year 18 did give and grant unto the said [patentee], his executors, administrators and assigns, full power, sole privilege and authority, to make, use, exercise and vend the therein mentioned invention of the said [patentee] of certain improvements in [steam-engines] within that part of the United Kingdom of Great Britain and Ireland, called "England," (2) the dominion of Wales, and the town of Berwick-upon-Tweed, (3) for the term of fourteen years from the day of the date of the said letters patent, but subject to the usual provisoes for making void the said letters patent, in case a specification of the said letters patent therein mentioned should not be duly enrolled within six months therefrom, or the said letters patent or the beneficial interest therein should at any time thereafter be assigned to or otherwise become vested in more than five persons. in the year 18 Form 1. AND WHEREAS the said [patentee] hath lately obtained Form 2. his his Majesty's royal letters patent, bearing date the day of for his sole and exclusive use, benefit and advantage, for and during the term of fourteen years, to be computed from the day of the date of the said letters patent, of certain inventions and improvements lately made and discovered by the said [patentee] in the manufacture of machinery [for printing silk]. (1) Or, "under the great seal for Ireland," or patent be for Ireland, or Scotland. (2) Or "Ireland," or "Scotland," if it be so. (3) "And also within all his Majesty's colonies and plantations abroad" if so. СНАР. 1. SECT. III. Recital of a fine. Recital of the As a fine or recovery operates as a conveyance, it is sufficient, in reciting it, to say that, by the fine or recovery, the lands were "conveyed" to the conuzee or recoveror, but if no notice is taken of the conuzee or recoveror, then it will be right to say that, by the fine or recovery, the lands were "limited" to the uses declared, &c., for the word "limit" has reference rather to the uses declared than to the conveyance. It would therefore be incorrect to say "that by indentures of lease and "release, &c., lands were 'limited' to A and his heirs, to "the use of B and his heirs." The recital should be either that by indentures of lease and release," &c., "lands were conveyed to A and his heirs, to the use of "B and his heirs," or, "that by indenture, &c., lands 'limited' to the use of B and his heirs." were In reciting the effect of a deed, the words "convey effect of a deed.❝ and assure" are more accurate than "grant, release and 'convey," inasmuch as the latter have reference to a particular mode of assurance, whereas the former are perfectly general and express the effect of the deed whatever be the mode of its operation. Of the conside ration. SECTION III. Of the Witnessing Clauses. The consideration of a deed should be fully stated, and where it is very complicated and consists of several particulars, it seems to be a better way to state it by way of recital, and then it may be referred to in the witnessing part in terms to this effect:-" Now THIS INDENTURE WITNESSETH, that in pursuance and performance of the said agreement, and for the "considerations hereinbefore expressed, &c." The expression, "and for divers good causes and considera"tions," should not be added, unless there be considerations besides those expressed. CHAP. I. SECT. III. words. Care should be taken to use operative words proper Operative for expressing the peculiar operation of the deed. In the common conveyance by lease and release, the proper operative words for the former are, "bargain and "sell," and for the latter, "release;" but, besides these words, which express the mode in which these two instruments respectively operate, it is the practice to insert several others, which might support the deed, if, through any mistake or accident, it should fail of its intended effect,-as " grant, bargain, sell, alien and "release." Where the conveyance is by trustee and the owner, the trustee "bargains, sells, aliens and re"leases," and the owner "grants, bargains, sells, aliens, "releases and confirms," and a similar practice prevails where the conveyance is by mortgagee and mortgagor, and in other like cases. In the transfer of a mortgage in fee, the proper words are "grant and re"lease;" in the assignment of an annuity the word grant" is essential. In a re-conveyance by a mortgagee, the operative words are usually qualified in these terms "grant, bargain, sell, alien and release, by "way of covenant only, and not by way of warranty," or without any qualification, using only the words "bar"gain, sell and release." There is also, in a transaction of this kind, a further witnessing part, by which the mort СКАР. І. SEC. III. Parcels. Habendum. Habendum of Personalty. with short Power of Attorney. gagee discharges the land from the mortgage-money, and in which the operative words are "remise, release "and for ever quit claim." When an estate is sold subject to annuities in parcels, the annuitants should not grant, bargain, sell and release," but "grant, remise "and release." In describing the parcels, three things must be attended to:-1st.-That the description be sufficiently comprehensive to comprise all the lands; 2nd,-That it be sufficiently descriptive to ascertain them; 3rd,-That the description in the deed now preparing, be so connected with the description in the former deeds, as to show the identity of the lands throughout the title. Where an estate is conveyed, subject to incumbrances, these should be excepted in the habendum. An habendum seems to be unnecessary, and ought not to be inserted in the conveyance of a term or rent-charge, which is conveyed to a grantee for the purpose of being merged. In the assignment of personalty or choses in action, the habendum should be accompanied by a short power of attorney as in the following form,— And all the right, title, interest, trust, property, benefit, claim and demand whatsoever of the said in, to, and upon, the same premises, together with full power and authority, (which the said and grant to and for the said doth hereby give executors, admi nistrators and assigns), in the name of the said , to ask, demand, sue for, recover, receive, sign and give full |