ERRATA.

r.

PAGE 16, L. 34. dele fuch; after Writing, read not fealed
and delivered. P. 17, 26, after Heirs and. P. 25,
1. 30, for as much, r. all Things whereof there may be a Freehold.
P. 27. l. ult. for without, r. with. P. 28. 1. 1. for 396. r. 296.
P, 30. l. 18. dele and Wife. P. 31. 1. 4. for Son; the Son, r.
Son's Body, the Son being dead, the Heir. Ibid. 1. 8. after Heirs,
r. of the Body. P. 35, 1. 2. for or, r. and. P. 42, 1. 26 & 34, for
Feoffees, r. Lessees. P. 44, 1. 20, for his, r. the. P. 45, 1. 25,
after Lessee, r. to hold. P. 47, 1.13, after Act be done, r. the Leffee
thall have the Land to him and his Heirs. P. 62, 1. pen. for
Bargain and Sale, r. Gift. P. 63, 1. 1, for Gift. r. Bargain and
Sale. P. 72, 1. 8. for make, r. take. P. 73, 1. 2, after their
Heirs, r. of their Bodies. P. 82, 1. 33, for Entry, r. Estate.
P. 88, 1. 10, after Seifin, r. absolute, and the Attorney delivers
it. P. 95, 1. 18, after Lethargy, born; for or, r. and. P. 96,
1. 34. dele and die. P. 114,
P. 128, 1. 1. 19,
for last, r. first.
18, for her, r. him. P. Ibid. 1. 29,
dele Treason. P. 139, 1. P. 139, 1. 30, for cannor, r. may. L. ibid. for nor,
r. but not a Right to a Freehold. Ibid. 1. 31, after Part, r. of
the Estate. P. 150, 1. 8, after shall, r. not. P. 157, 1. 4. after to,
r. to the Ufe of. Ibid. l. 27, for or, r. but not of. P. 161, 1. 18,
after granted, r. by Livery or Record. P. 165, 1. 11, for Years,
r. Life. P. 166, 1. 19 and 36, for void, r. not within the Stature.
P. 168, 1. 24, after with, r. or without. P. 170, 1. 18, after be,
r. not. P. ibid. l. 29, for common, r. same. P. 173, 1. 76, for
is, r. bring. P. ibid. L. 10, for Rest r. Rent. 1.11, 12, 13, 14,
dele. P. 175, 1. 3, after Years, r. after his Death. ibid. l. 4, for
Rent, r. Revertion. P. 178, 1.6, for express, r. voluntary or.
P. 183, 1. 14. for Leafe, r. Gift. P. 186, 1. 16, after therein,
r. but there is no Need. Ibid. L. 18, for and, r. nor. P. 189,
1. 19, after Tem, r. for Years. P. 196, 1. 2, for without Wri-
ting, r. by Deed. P. 197, L. 10, after some of them, r. jointly.
P. 205, 1. 22, after Statute, r. Merchant. Pag. 206, 1. 12, for
and, r. but nor. Ibid. 1. 22, after Death, r. if no Execution was
fued in his Life. P. 209, 1. 30, for Porol, r. Poll. P. 226, 1.21,
after first, r. of the fame Degree of those due to others. P.233.
1. 24, after Atligns, r. for ever.

:

THE ACCOMPLISH'D

CONVEYANCER.

4

HE Nature and Kinds of Deeds and Inftruments used in Conveyancing; and an Abridgment of the Law relating to all Sorts of Conveyances and Deeds in general, with every Thing belonging to them, proved by many Law-Cafes and Resolutions thereupon: Contained in several diftinct Chapters as follows.

First, A Deed in general, what it is, its Nature, and also the particular Parts of a Deed.

A

Deed is an Instrument or Writing in Paper A Deed or Parchment fealed and delivered, to refti- what.

fy the Agreement of the Parties thereunto for the Matter contained therein.

and howr executed

And of Deeds there are divers Kinds, some The Sorts of them are indented, and some of them are poll. of Deeds, Deeds indented are cut at the Top one into the other, and are sometimes of two, three of more Parts, and every Party to the Deed hath a Part of it, which all make but one entire Deed in Law: The Grantor or Feoffor signs the Principal or Original, and the rest are only Counterparts or Copies, and the Person or Persons to whom a Thing is conveyed fign fuch Counterparts to each of the Grantors or Feoffors; and if there be two

The several Parts of a Deed.

The Premiffes.

1

The Recital.

Grantees, they must each of them have an Original Deed.

The Deed-Poll is plain at the Top, and not indented; and both this fort of Deed, and the Deeds indented, may be made in the first Person thus: Know all Men by these Presents, That I A.B. of, &c. have given, &c. Or in the third Perfon thus: This Indenture made, &c. Witnesseth, That A. B. hath given, granted, &c. and be good.

Deeds of Feottment, Gift, Grant, Bargain and Sale, &c. by which Land is usually passed from Man to Man, have certain formal and orderly Parts which compose the whole, (viz.) The Date; the Premisses, including the Grant, Exception and Recital; the Habendum; the Covenants and Terms of the Granting,and holding of the Thing granted; and in this is included the Reservation, Condition, Warranty, &c. and the Conclufion, In Witness, &c.

The Premisses, which is all the fore Part of the Deed to the Habendum. The Office of this Part of the Deed is to rightly name and fet down the Grantor and Grantee, and Certainty of the Thing granted, either by express Words, and that which is certain in it self, or by that which by Reference may be reduced to a Certainty: And within this Part comes in the Exception and Recital, if there be any in the Deed.

The Recital, is the fetting down or Report of something done before. Recital in granting a new Eftare, where there is an old Estate in being of the Thing granted before, is not absolutely necessary but where the King is Grantor, and not in the Cafe of a common Perfon; nor is it needful where a Man is to derive a lesser Estate out of a greater, or to affign over a Term of Years that there should be any Recital of the former Estate then

then in being; but it may be omitted: Howbeit if you do recite it truly, it is best. And if you take upon you to make a Recital, you must take Care to do it exa&ly, and not misrecite or mistake, which may be dangerous: So if one grant a new Estate with Reference to the former Estate, the same Exactness is to be observed.

The Exception in a Deed is a Clause thereof, The Excepwhereby the Feoffor, Donor, Grantor or Leffor, tion. doth except somewhat out of that which he hath granted before by the Deed; and thereby the Thing excepted passeth not, but it is divided from the rest of the Things granted.

The Habendum is that Part of the Deed which The Ha beginneth with, To have and to hold, the Office bend'. whereof is to limit the Estate to the Grantee.

"

The Reservation or Reddendum in the Deed is The Red

a Clause in the fame, whereby the Feoffor, Donor dend'.
or Leffor, doth referve something to himself out
of that which he granted before, and is commonly
made by the Words, Yielding, Paying, Doing, Re-
ferving, &c. and this doth always either referve
something which was not before, or abridge the
Tenure of that which was before.

The Condition in a Deed is a Clause of Re- Condition. straint, or a Bridle expressed, and annexed and joined to an Estate, staying and suspending the same, and making it incertain whether it shall take Effect or not.

And of these Conditions there are divers Sorts, for fome of them are precedent to the Estate, and the Condition must be performed before the Estate can take Effect: And fome are subsequent, that is, when the Estate is executed, but the Continuance thereof dependeth upon the Breach or Performance of the Condition.

Some of them also are in the Affirmative, that
ίε,

B2