interest possession, or been in the receipt of the rents, or there is reason to suspect that he was a mortgagee, or entitled, in some other manner, the title may be safely accepted, without press

and unless he has had the

ing for any declaration by those who alone

can obviate the difficulty.-The only mode of investigating the fact, whether there is any interest derivable under the fine, from or through the conusee as a beneficial owner, is to make the inquiry of the conusee if living, and if dead, of his heir, and also of his personal representative. This, in general, is the utmost extent, to which an inquiry can be directed: but particular cases, as the assertion or rumour of a claim, will direct the inquiry to the channel through which it is likely that information may be obtained.

It is also to be added, that in conveyances either to uses, or to the intent that a fine may be levied, or a recovery suffered, to uses, the execution of the deed of uses by the conusee in the fine, or by the tenant in the recovery, is deemed of less importance, and immaterial, except by those whose practice is particularly cautious; for whoever receives the estate, must receive it upon those terms alone, on which it is conveyed; and the conveyance itself contains all the information that can be reasonably required, concerning the uses. They however who expect, that,

even in these cases, the deed shall be executed by the conusee in the fine, or by the tenant in the recovery, justify their practice, by contending that this is the only evidence by which they can be satisfied that a fine was levied, or recovery suffered to these uses. Similar cautions would render the transaction of business more difficult than it is already found, and there is already a complaint against the unnecessary difficulties imposed, by that which is termed cautious practice. At the same time experience justifies the observation, that most of the cautions observed by conveyancers, are the result of experience, and warranted by the difficulties with which the transactions, relating to the transfer of property, are surrounded. The history of a professional life, devoted to the investigation of titles, would prove that the utmost ingenuity, caution, or industry, is not equal to guard against all the dangers to which the change of property is exposed; sometimes from the fraud, and at other times from the ignorance of the former proprietors: and every purchaser expects extreme caution to be observed in his particular case, that he may not be the victim of such fraud or ignorance.

Agreements to lead, and to declare, the uses of fines, are generally found in instruments, which have other objects. In most instances, they are merely an addition to a

conveyance, contained in a former part of the instrument, and there is merely a covenant to levy a fine, with a declaration that the same shall enure to the uses previously declared; or a recital that a fine has been levied, and that no uses have been declared of the fine, or that no uses have been declared of those particular lands, which are the subject of the deed and then the deed proceeds to declare uses of the fine, according to the intention of the parties, either by a full and express declaration of the uses, as the plan of the instrument requires; or by a reference to the uses previously declared. Of course in instruments of this description the other objects of the deed, must, in a great measure, govern its form, and direct the number of parties; but a simple deed to lead, or declare the uses of a fine, has the following parts:

1st, The denomination or style of the deed; 2d, The date;

3d, The names of the parties;

4th, The recitals;

5th, The testatum clause ;

6th, The agreements to levy the fine or

the recovery;

7th, The uses which are declared.

Under each of these heads, may be introduced those observations, which govern the general practice, in preparing deeds to lead, and deeds to declare the uses of fines;

and very little attention will enable the reader to apply these observations to deeds of a more complex nature, which ought to contain an agreement to lead, or to declare the uses of a fine, with or without a covenant, that a fine shall be levied. In the progress of these observations, it will be found that the practice is directed to obvi ate all objections, arising from the cases which have been introduced, for the purpose of shewing those resolutions more immediately applicable to the learning on this subject.

1st, The Denomination or Style of the Deed. In general the uses of fines are directed by indenture, but they may be directed by deed poll. In short, they may be limited, by mere writing, except that declarations of the uses of fines, already levied, must in consequence of the provisions of the 4th and 5th of Ann, be by deed. It is also to be observed that Downman's case required the deed to be indented. Also, when there is to be a variation of uses, as expressed in a former instrument, there must either be a change in the circumstances under which the fine was agreed to be levied, or the second declaration must be by an instrument equally solemn with the instrument containing the former agreement. From the cited cases, particularly from the Countess of Rutland's case, &c. it may be collected, that when there is a variation in

the mode of levying a fine, the second agreement will govern the uses, although the former agreement was by deed, while the latter agreement was by mere writing, without deed.

It is also to be observed, that for all the purposes of this question, a deed poll and indenture, are equally solemn; but an agreement under hand, or under hand and seal, and not delivered, is not equally solemn with an instrument attended with the ceremonies of sealing and delivery. The latter is a deed; the former is merely an instrument in writing under seal.

2dly, Of the Date.-Deeds to lead the uses of fines are, from their nature, dated and executed before the fine is levied; while deeds to declare the uses of fines already levied, suppose the fine to be levied, and of course, are subsequent in date. But it often happens that a covenant is entered into, to levy a fine as of a preceding term, so that the fine, is by legal relation, anterior to the date of the deed, and yet deeds of this description are considered as deeds to lead the uses of fines. Sometimes also a fine is recited as acknowledged, and intended to be levied, as of a subsequent term, and uses declared of this fine are also to be deemed as uses directory, and not as uses declaratory. That alone is properly a declaration subsequent, which is grounded on a perfect