and great Variety of all Sorts of Securities, in the most extraordinary Cafes So that any Thing of that Kind which may occur, may be with Eafe dispatched, by a right Application of the fe Precedents, which will not be a Work of much Difficulty, KI The Third and Laft Volume, treats of Special Conveyances, Settlements, Ufes, Wills, &c. wherein you will likewise meet with ample Inftructions in Business of that Nature, and have fo good a Notion of it, (that although it be the most extensive and difficult Part of Conveyan as to cause your Performances that Way to be attended with Success, and your Self at the fame Time applauded, as your Client is well fecured. A great deal more might be faid in Behalf of this Performance; but I fhall only repeat, That as Conveyancing is a Bufinefs of great Importance, and the only Security of Mens Rights and Properties, I have now endeavour'd to make every Thing clear, perfect and unexceptionable; And I prefume to say, it will appear to be fo corred as to be an Affiftant to all which are concerned in Affairs of this Kind, and an Inftruction and Information to thofe as are not. I shall I fhall conclude my Preface with obferving, That the large Precedents in this Work, bave, for the most Part, gone thro the Hands of fome of the greateft Men of the prefent Age; and in this Edition, Care bas been taken to amend the Errors of the former; (which were encreas'd by my Distance from the Prefs) and to add feveral Curious Precedents throughout, fince of the Author's and others Practice and Experience. G. JACOB. THE The ACCOMPLISH'D CONVEYANCER. The Nature and Kinds of A Deed in general, what it is, and also A DEED is an Inftrument or Writing A Decd the Parties thereunto, for the Matter contained And of Deeds there are divers Kinds, fome The Sorts of of them concern Lands, and fome of them Deeds, and Goods, fome are indented, and others of them are poll.. Deeds indented are cut at the Top, one into the other, and are fometimes of two, three or, more Parts, and every Party to the Deed hath a Part of it, which all inake but one entire Deed in Law: The Grantor or Feoffor figns the Prin cipal or Original, and the reft are only Counterparts, and the Perfon or Perfons to whom a Thing is conveyed, fign fuch Counterparts to each of the Grantors or Feoffors; and if there B be how executed. The feveral Parts of a The Premiffes. The Recital. be two Grantees, they must each of them have an Original Deed. The Deed-Poll is plain at the Top, and not indented; and both this Sort of Deed, and the Deed indented, may be made in the firft Perfon thus: Know all Men by thefe Prefents, That I A. B. of, &c. Have given, granted, &c. Or in the third Perfon thus: This Indenture made between A. B. of, &c. and C. D. of, &c. Witnesseth, That A. B. Hath given, granted, &c. and be good. Deeds of Feoffment, Gift, Grant, Bargain and Sale, &c. by which Land is ufually paffed from Man to Man, have certain formal and orderly Parts which compofe the whole, (viz.) The Date; the Premiffes; the Habendum; the Covenants and Terms of the granting, and holding of the Thing granted; Condition, Warranty, &c. and the Conclufion, In Witnefs, &c. The Premiffes, 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 exprefs Words, and that which is certain in itself, 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 fomething done before. Recital in granting a new Eftate, where there is an old Eftate in being of the Thing granted before, is not absolutely neceffary 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 leffer Eftate out of a greater, or to affign over a Term of Years that there fhould be any Recital of the former Eftate then in being; but it may be omitted? omitted: Howbeit, if you do recite it truly, it is beft. And if you take upon you to make a Recital, you must take Care to do it exactly, and not mifrecite or mistake, which may be dangerous: So if one grant a new Eftate with Reference to the former Eftate, the fame Exactnefs is to be obferved. The Exception in a Deed is a Claufe thereof, The Excep whereby the Feoffor, Donor, Grantor or Leffor, tion. doth except fomewhat out of that which he hath granted before by the Deed; and thereby the Thing excepted paffeth not, but it is divided from the reft of the Things granted, as if no mention had been made of it in the Deed. The Habendum is that Part of the Deed which The Habend'. beginneth with, To bave and to bold, the Office whereof is to limit the Eftate to the Grantee. The Refervation or Reddendum in the Deed is The Red a Claufe in the fame, whereby the Feoffor, Do- dend'. nor or Leffor, doth referve fomething to himself out of that which he granted before, and is commonly made by the Words, Tielding, Paying, Doing, Referving, &c. and this doth always ei1 ther referve fomething which was not before, or abridge the Tenure of that which was before. The Condition of a Deed is a Claufe of Re-Condition. ftraint, or a Bridle, annexed and joined to an Eftate, ftaying and fufpending the fame, and making it uncertain whether it shall take Effect or not. And of thefe Conditions there are divers Sorts, for fome of them are précedent to the Eftate, and the Condition must be performed before the Eftate can take Effect: And fome are fubfequent, that is, when the Eftate is executed, but the Continuance thereof dependeth upon the Breach or Performance of the Condition. B 2 Some |