levied or to be levied, &c. of which the uses are or shall be in an executory state, so as to be reached by this declaration. And when the decisions shall be attentively examined, its utility will be discovered, since every assurance in which any of the parties are or may be interested, so as to give them a right to direct or controul the uses, are within the influence of the language of this form; and the form which appears in its language to be tautologous, will be found, in all its parts, to proceed from decided cases, so that each part has a distinct object.

It is readily conceded, that some parts of this form may be safely omitted. The like observation will apply to almost every other form in general use; but the importance of adhering to correct forms, which clearly and obviously express the intention, and render it free from all ambiguity and nicety of criticism, will reconcile a prudent practitioner to its adoption, except in particular cases, in which it is the first object to keep the expence within as narrow bounds as possible.

3dly, Of the parcels.-Sometimes all the parcels comprized or to be comprized in the fine, at other times part only of these parcels, are to be the subject of the declaration. Of course, when part only of the parcels are to be comprized, restrictive words must be used, that the declaration may not

extend to more parcels than those intended to pass. Also, as often as the general form extends to all fines levied of those lands of which the fine is intended to be levied, and also to fines which may comprize those and other lands, it is highly expedient that the restrictive clause should be added. That clause is introduced by the words, "as to, for, and concerning,” &c.; and there are few instances in which this clause can be safely dispensed with.

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Besides this restrictive clause, other clauses of distribution of the parcels may be requisite. This is particularly the case when different uses are to be declared of different undivided shares; or different uses are to be declared of distinct parcels. These and the like circumstances render the repetition of the restrictive clause, " as to, for, and con"cerning," extremely convenient: and to make the clause run easy, it assumes the following form:-" Shall be and enure, &c. as to, for, and concerning, &c. the mes66 suage, &c. hereby released, &c. to the uses, upon the trusts, &c. hereinafter li“mited, expressed, and declared, of and concerning the same, (that is to say) as "to, for, and concerning ALL that close, "&c, called or as to, for, and "concerning one undivided third part or share," &c. In those instances in which expence is an object, the declaration may

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assume a more concise form, and be to this effect, viz. "And it is hereby directed, de

clared, and agreed, by and between the

parties to these presents, that after the "fine or fines, hereby agreed to be levied, "shall be levied as aforesaid, or in any "other manner, the same fine or fines, and "all recoveries suffered and to be suffered of the said &c. hereinbefore "mentioned, and intended to be hereby re"leased, or any of them, either alone or jointly with any other lands and heredi“taments, shall, as to and concerning the &c. hereby released, with "the appurtenances, operate and enure to "the use," &c.

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The uses themselves must in all cases vary with the intention of the parties, and they may be either general, or very special, according to the intention.

On the rule, that an use cannot be declared on an use, so as to be executed into estate by the statute of uses, the common error of declaring that the fine shall enure to the use of the conusee and his heirs," to the "uses hereinafter limited," &c. should be carefully avoided, whenever the intention requires that the uses shall be executed into estate by the statute. Under a declaration framed in this manner, the use in favour of the conusee will, cæteris paribus, be executed by the statute, and the ulterior uses will be

uses in the second degree, and for that reason mere trusts.(p) But if the use in favour of the conusee shall be omitted, the other uses will be uses in the first degree, and they will be transferred by the statute of uses into estates, that is, supposing the legal estate of freehold to pass by the fine; for the statute cannot execute any uses declared on an equitable seisin, although such uses may, by analogy, govern the equitable ownership; nor can any uses, to be executed by the statute, be declared of those estates, though passing by fine or any other assurance, which are mere chattel interests, and consequently do not transfer a seisin. Uses may be declared of a fine sur concessit passing an estate for lives; but no uses can be declared with effect, so as to be legal estates of a fine sur concessit for years.

It has often happened, that a conveyance has been made by lease and release, or other grant, to A. B. and his heirs, to uses, in such manner, that the uses may be executed by the statute, and a fine has been covenanted to be levied, and the declaration has been, that the fine shall enure to the use of the conusee, (being the releasee, grantee, or feoffee,) and his heirs, " to the uses " hereinbefore limited," &c. Doubts

(p) Lady Whetstone v. Atbury, 2 P. W. 146. Robinson v. Comyns, Cas. Talb. 164. Hopkins v. Hopkins, I Atk. 581.

have been entertained, whether under these circumstances, the legal estate will vest by means of the statute of uses, in the releasee or feoffee, as the cestui que use of the fine ; or will be governed by the uses declared of the release. The declaration of the use in favour of the conusee of the fine is evidently a mistake; and as the fine is for further assurance only, and is an accessional and not the sole operative part of the conveyance, so that the estate passes immediately by the operation of the release or other grant, and the uses arise from the seisin conveyed by the release or grant, and are not suspended until the fine is levied, there appear to be strong and cogent reasons for rejecting the use declared of the fine, so as to leave the release or grant, and the declaration of the uses of the same, in full force; and to treat the fine merely as a further assurance, confirming the release or grant, and the title and uses depending on the same.

In this view of the operation of the several assurances, the uses can never arise upon the fine, to vary or controul the uses declared upon the release or grant. To the declaration of the uses of the fine, it is sometimes expedient to add a further declaration of the particular object for which the fine is levied. This is more especially the case, when one of the objects is to bar an at