PURCHASES. tween, &c. the messuages, &c. hereinafter described, were limited to the use of such person or persons for such estate and estates, and intents and purposes as the said (wife) notwithstanding her coverture, and without the concurrence, consent, or privity of the husband, or with such concurrence, consent, Vendor and privity (1), at any time or times, and from time to time, by any deed or deeds, writing or writings, to be by her sealed and delivered, in the presence of and attested by two or more credible witnesses, or by her last will or testament in writing, or any codicil thereto, or any writing or writings purporting to be such, to be by her executed and attested as therein mentioned, should limit, appoint, or assure the same; and in default of any such limitation, appointment, or assurance, to the use of the said (wife) her heirs and assigns, as by the said indenture relation being had will more fully appear. And whereas, &c. (recital of contract for the purchase) and the said (husband) has agreed to become a party hereto for the purposes hereinafter expressed. Now THIS INDENTURE WITNESSETH, that for and in consideration of the sum of £ in hand paid to the said (wife) with the privity and approbation of the said (husband) testified, &c. the receipt whereof, &c. she the said (wife) by virtue of the power, limitation, or uses in and by the said recited indenture contained in that behalf and of all charges, Guise v. Small, 1 Anstr. 277. Master v. Salter, 1 Ves. 513. 4 Bro. C. C. 19. Bullpin v. Clarke, 17 Ves. 365; for which purposes therefore no examination in court is requisite, Richards v. Chambers, 10 Ves. 585, and see 13 Ves. 192. In the case supposed, the conveyance by the feme may be by the wife alone, or in order that the purchaser may have the husband's covenant for the title, which if entered into by herself could not be enforced by the husband, and the wife of the one part and the purchaser of the other, as in the preceding precedent.—Then recite the conveyance, &c. to the wife. (1) The limitation of property for the use of the wife is generally in this manner, lest the concurrence of the husband should give rise to a suspicion that the act of the wife was done under the control or influence of the husband. Vendor and Wife. other powers enabling her thereunto, hath limited and ap- PURCHASES. pointed, and by this present deed or writing by her sealed and delivered in the presence of the two credible persons whose names are hereon indorsed as witnesses thereto, doth limit and appoint that the said messuages, &c. hereinbefore described, with their and every of their appurtenances, shall be and remain; and that the said indenture and the limitations and uses therein contained, and all other assurances concerning the said premises, shall be deemed, construed, and taken to be and enure to the use and behoof of the said purchaser, his heirs and assigns for ever. Add covenants by the husband (if a party) that the wife hath power to appoint, &c. as post, No. XXXIV. which, with the omission of the WITNESSING part by which the premises are granted and released, will be a proper mode for filling up the above skeleton of an appointment by a feme covert. PURCHASES. Husband and Wife by Fine. XXXI. (A). Conveyance by Husband and Wife (the Estate of the Wife) to a Purchaser by Fine (1), and Declaration to Uses. Concord of fine. Middlesex Fine formerly Parts of a fine. Variations as in margin below. I. The Fine. COMMAND (2) John Fordham, Esq. to wit. S (i. e. the cognizors or deforicants, and Mary his wife)(3), that justly, &c. they perform (1) A conveyance by fine and declaration of uses alone was formerly not uncommon, (see West. Symb. par. 2, sec. 1, Conv. Light. p. 539, et seq. Perf. Conv. 45, et seq.) it is now, however, usually accompanied by a lease and release; but as its operation as a conveyance will be equally effectual without those assurances whenever the cognizor has a seisin of the estate, either in possession, remainder, or reversion; and as the very serious pressure of the stamp duties may, in some cases, render it eligible to re-adopt this mode of conveyance (particularly where a fine is necessary either to perfect the title, by reason of the wife of the vendor being entitled to dower; or where by reason of the estate being the inheritance of the wife, the fine, with the declaration of uses, is the only operative instrument), I have thought it right to introduce a form of such an assurance. (2) The first part or proceeding in a fine, is the præcipe or writ of covenant, which is followed by the licence to agree; the concord or agreement; and the note or abstract; all which are formed into what is termed the foot, chirograph, or indenture of the fine, which is that which is delivered to the cognizee, and accompanies the title deeds; but as the concord of the fine is its essential and operative part, and that alone which is prepared by the conveyancer, (the rest being framed by the officers of the court), it will be sufficient to give the form of the concord only. (3) All persons, except the king and aggregate corporations, (and except also a feme covert without the concurrence of her husband, Co. Lit. 46, a. Moron's case, 2 Bla. Rep. 1205), are capable of conveying by fine, but in order to the operation of a to Thomas Giles, Gent. (the purchaser, i. e. the cog- PURCHASES. nizer or complainant), the covenants made between Husband and them of (1) three messuages, fifty acres of land, Wife by Fine. &c. &c. (2), and unless, &c. (3). fine as against strangers, (i. e. persons not legally privy to the fine) it is requisite that either the cognizor or cognizee should have an estate of freehold at the time, in possession or remainder, see Dyer 3 b. 215, 3 Wils. 249. Jenk. Cent. 254, 274; and see 2 WILDE'S SUPP. No. XC. notes. (1) If the vendor be entitled to a moiety or other undivided Undivided part only of the premises, say, "Of one undivided moiety or half part of, &c." or as the case may be. moiety, &c. may be levied. (2) A fine may be levied of any species of property in esse, Of what fine for which a writ of præcipe quod reddat will lie; not only messuages and lands therefore of every kind, but manors, honors, baronies, woods, waters, estovers, commons, (appendant or appurtenant, but not in gross or sans nombre), ways, ferries, piscaries, warrens, fairs, markets, waifs, estrays, franchises, services, advowsons, next presentations, rectories, tithes, (if impropriate) portions of tithes, oblations, offices, rents, annuities, New River shares, and the like, see Shep. T. c. 1. Shep. Prac. Couns. p. 1. Wilson 43, and whether they be holden in severalty or joint-tenancy, or whether in possession, remainder, or reversion, may be conveyed by fine. And a fine being founded upon and being the compromise of a real action, the hereditaments, &c. comprised in it must be described by their legal names, as in an adverse suit, as so many messuages, so many acres of arable land, so many acres of pasture land, &c. and not as in a deed by general descriptions, as farms, tenements, hereditaments, &c. Wheeler v. Heseltine, 2 Bos. and Pul. 560. Douze v. Reeve, ibid. 570; but with respect to the quantity of land, &c. as no more will be considered as passing by the fine (3) This "unless, &c." intends that, "Unless he so do, then summon him within one month from the day of, &c. to show wherefore he has so done it." PURCHASES. Husband and AND the agreement is such (to wit) that the aforesaid John and Mary (or other Christian name of Wife by Fine. the parties) (1) have acknowledged the aforesaid messuages, &c. (2), with the appurtenances, to be the Concord. Parcels. Vendor a baron, &c. Several vendors. Parcels. than what is described in the deed declaring the uses, even though a greater quantity be named in the concord; and on the contrary, any omission in the former will not, it has been said, be supplied by the deed of declaration of uses, Jenk. Cent, 254, (sed vide contra Eyton v. Eyton, 1 Bro. Par. Ca. 15). It is usual, ex abundante cautelâ, to name a much greater quantity than is actually intended to pass. For the mode of describing different kinds of real property in a fine, see 2 WILDE'S SUP. No. XC. in notes. And although the lands lie in different counties, they may be included in the same concord; but there must be a separate writ of covenant for each county, and the practice now is to have several concords also, see 1 Prest. Prac. 286. (1) If the vendor or purchaser be a baron, say, "The aforesaid Frederick Lord M." But if above that degree, say, "The aforesaid earl, marquis, &c." Without the Christian name. If by two or more vendors, as joint-tenants, &c. say, "The said John and Richard have acknowledged," &c. But if both of them have the same Christian name, distinguish them, if father and son, by, "The said John and John the younger." And, if strangers, by the addition of their respective sur names, as, "The said John Grange and John Hules." "Manors, lands, tenements, rents, commons, advowsons, tithes, moiety," &c, (as the case may be). Where an advowson or tithes are the subject of the fine, the word "appurtenances" may be omitted, in which case say, "The said manors, lands, tenements, rents, commons, |