render to the said G. H. the said term of years of him the said E. F. then to come and unexpired, of and in the said demised tenements, with the appurtenances, and all his estate, right, title, and interest, of and in the same; which said surrender he the said G. H. then and there accepted. 5. THE TITLE, AND HOW 30. Covenant to stand seis And the said E. F. being so seised, afterwards, to wit, on, &c. at, &c. by his certain writing, then and there made by him the said E. ed to uses (x). F. and sealed with his seal, the date whereof is the day and year aforesaid, he the said E. F. for and in consideration of the natural love and affection which he the said E. F. bore for the said A. B. then and there being his cousin, did covenant for himself and his heirs, to and with the said A. B. and his heirs, that he the said E. F. and his heirs, then and from thenceforth for ever, did, would, and should stand and be seised of the said (or of the said reversion of and in the said) demised tenements, with the appurtenances, to the use of the said *A. B. his heirs, and assigns, for ever, whereupon and whereby, according to the form and effect of the said deed and of the said covenant of the said E. F. and by force of the statute for transferring uses into possession (y), he the said A. B. then and there became and was seised of and in the said demised tenements, with the appurtenances, (or, "of the said reversion,") in his demesne as of fee, and being so seised, &c. And the said E. F. being so seised afterwards, to wit, on, &c. at, &c. by a certain indenture of bargain and sale then and there made between the said E. F. of the one part, and one G. H. of the other part (a), and sealed with the seal of the said E. F. and bearing date the day and year aforesaid, and which said indenture of bargain and sale was afterwards and within six months next after the date thereof, to wit, on, &c. in due manner enrolled in the High Court of Chancery of our lord the now king, at Westminster, in the county of Middlesex, according to the form of the statute in such case made and provided (6), he the said E. F. for and in consideration of a certain (x) As to this conveyance, see 2 Bla. Com. 338. And as to pleading it, 2 Saund. 97. b. c. Lutw. 1207. Carth. 307. 3 Lev. 370. (y) See post. 268. n. e. (2) The nature of this conveyance is described in 2 Bla. Com. 338. and 1 Saund. 251. n. 2.; see the precedents, 1 Saund. 251-2.256. 2 Saund. 275-97. c. Id. 11.--The bargain and sale, (with the exception of a profert thereof, which was unnecessary, see below) VOL. II. was in Outram and Morewood, 3 East. (a) It is not necessary to make a (b) By 27 Hen. 8. c. 16. bargains and sales shall not enure to pass a freehold, unless the same be made by indenture, sealed and enrolled within six months after the date thereof, in one of the courts at Westminster, or with the 2 C [* 267 ] 31. Bargain and sale enrolled (z). AND HOW ACQUIRED. [⚫ 268] 5. THE TITLE, Sum of money, to wit, the sum of L. (c), therefore then and there paid by the said *G. H. to the said E. F. did bargain and sell (d) to the said G. H. amongst other things, the said demised premises, with the appurtenances; to have and to hold the same to the said G. H. his heirs and assigns, to the only proper use and behoof of him the said G. H. his heirs and assigns, for ever. As by the said lastmentioned indenture, reference being thereunto had, will, amongst other things, more fully and at large appear. By virtue of which said bargain and sale and enrolment, and by force of the statute for transferring uses into possession (e) he the said G. H. then and there became and was scised of the reversion of the said demised premises, with the appurtenances, as of fee, and the said G. H. being so seised, 32. Lease and &c. And the said E. F. being so seised, (or so seised of the said reverrelease (f). sion) as aforesaid, afterwards, to wit, on, &c. at, &c. aforesaid, by a certain indenture of bargain and sale then and there made between him the said E. F. of the one part, and the said A. B. of the other part (g), he the said E. F., for and in consideration of a certain sum of money, to wit, the sum of 5s. then and there therefore paid by the said A. B. to the said E. F. did bargain and sell the said (or the said reversion of and in the said) demised tenements, with the appurtenances, to the said A. B. to have and to hold the same to the said A. B. his executors, administrators, and assigns, from the day next before the day of the date of the said last-mentioned indenture, for the term of one whole year from thence next ensuing, and fully to be complete and ended. As by the said indenture, reference being thereunto "had, will (amongst other things) more fully and at large appear (). By virtue of which said last-mentioned indenture, and by force of the statute made for [*269] Custos Rotulorum of the county; 2 correct than the form in 1 Saund. 251. (c) In pleading a conveyance under the statute of uses, it is necessary in all cases (except in the instance of a covenant to stand seised, ante, 266.) to state that a valuable consideration was paid. -C. D. Bargain and Sale, B. 12. 1 Mod. 263. 2 Saund. 12. n. 20. Ante, vol. i. tit. Declarations. (d) The operative words are SO pleaded in 2 Saund. 275, which is more (e) The 27 Hen. 8. c. 10. is always called in pleading, "the statute for transferring uses into possession," 1 Saund. 251. n. 2.-2 Saund. 97. c. (f) 2 Bla. Com. 339. See precedents, 2 Saund. 10. 275. Lutw. 567. 3 Wilson. 134. Lil. Ent. 136. As to the mode of pleading the lease for a year, see 2 Saund. 10. n. 15. Lease by husband and wife, 2 Saund. 180. b. (g) No profert should be made of the lease or release, ante, 267. n. a. but see Lil. Ent. 136. 3 Wils. 134. where there is a profert. (h) This is not necessary. AND HOW ACQUIRED. transferring uses into possession (i), the said A. B. then and there be- 5. THE TITLE, came and was posssessed of the said tenements, with the appurtenances, for the said term so to him thereof granted, as aforesaid, (or, if the conveyance was of a reversion expectant on the expiration of a lease for years, insert after the word "possession," as follows: "the said reversion of and in the said demised tenements, with the appurtenances, became and was vested (k) in the said A. B, for the said term so to him thereof granted as aforesaid,) the reversion (or, if expectant on a lease," the further reversion") thereof, with the appurtenances, Release (1), belonging to the said E. F. his heirs and assigns. And the said A. B. being so interested as aforesaid, and the said further reversion. thereof belonging as aforesaid, and the said C. D. being so possessed of the said demised premises for the residue of the said term so to him thereof granted as aforesaid, afterwards, to wit, on, &c. at, &c. aforesaid, by a certain indenture of release then and there made between the said E. F. of the one part, and the said A. B. of the other part, he the said E. F. for and in consideration of a certain sum of money, to wit, the sum of L.- then and there paid to him by the said A. B. did grant, bargain, sell, alien, release, and confirm (m) unto the said A. B. and his heirs, the said demised premises, with the appur tenances, to have and to hold, &c. [Set out the habendum as in the deed.] By virtue of which said last-mentioned indenture, and by force of the statute *made for transferring uses into possession (n), after- [270] wards and during the continuance of the said term by the said firstmentioned indenture granted, to wit, on, &c. aforesaid, at, &c. aforesaid, he the said A. B. became, and was, and from thence hitherto hath been, and still is seised in his demesne as of fee, (or of and in the said reversion) of and in the said demised tenements, with the appurtenances. For that whereas heretofore, to wit, on, &c. at, &c. by a certain act 33. By a priof parliament made in the 47th year of the reign of his present ma- vate act of parliament jesty, intituled, &c. after reciting that, &c. it was, amongst other (0). things, enacted, &c. [Here set forth the material clauses.] As by the record of the said act of parliament remaining amongst the rolls of (i) This allegation in the old way of pleading, was omitted, but it is now always inserted, 2 Saund. 10. n. 15. ante, 268. n. e. (*) See the opinion of Mr. Booth in Cases and Opinions, vol. ii. 143 to 149. tit. Reversion, edit. 1791, as to the effect of a conveyance by lease and release, of a reversion expectant on a term, and the mode of pleading such conveyance, and see Co. Lit. 270. a. n. 3. (7) See the precedents, 2 Saund. 11. 276, 7. Lutw. 568. (m) As to the proper words to be (0) 2 Bla. Com. 344-5. As to plead- AND HOW 5. THE TITLE, the parliament of our lord the now king, at Westminster, in the county of Middlesex, may more fully and at large appear. ACQUIRED. 34. By lease, &c. from the king, with profert of ex. emplification of the enrolment of the letters patent (p). [State the scisin of the king as ante, 251, and then proceed as follows:-] And being so seised thereof, the said late king afterwards, to wit, on, &c. in the year of his reign, by his certain indenture sealed with his great seal of England, made between the said late king, and one E. F. and in due manner enrolled of record, in the court of Chancery of the said late king, at Westminster, demised, granted, and to farm let, &c. [Here set out the demise, &c.] As by the said indenture, (an exemplification of the enrollment thereof, sealed under the said late king's great seal of England, the date whereof is at Westminster, the day of —, in the the reign, &c. the said A. B. according to the form of the statute (9) [271] in such case made and provided, brings here into court) more fully appears. By virtue, &c. [State lessee's entry, &c.] 35. By fine, band and wife, of the year of And the said E. F. and G. his wife, being so seised (s), afterwards, levied by hus- and during the continuance of the said demise, to wit, in Hilary Term (t), in the year of the reign of our sovereign lord the now king, a certain fine was duly had and levied in his said majesty's court of the Bench at Westminster, in the county of Middlesex, before (u), then his majesty's justices of the Bench aforesaid, and other faithful subjects of our said lord the king then there present, between the said A. B. by the name of complainant, and the said E. F and G. his wife, by the names of, &c. deforciants, amongst other things, of the said demised tenements, with the appurtenances, by the name and description of, &c.; whereupon a certain plea of covenant (x), was summoned between them in the same court, to wit, that the said E. F. and G. acknowledged the said tenements, with the (p) As to pleading leases or other grants from the king, which are always matter of record, see 2 Bla. Com. 346. 1 Saund. 189. Com. Dig. tit. Patent. (q) 3 & 4 Ed. 6. c. 4. explained by (r) As to the fine and the effect of precedents, 2 Saund. 175. 269, 270. 1 1 Leon. 255. See a statement of seisin in fee in right of the wife, 2 Saund. 269. (t) The term must be shewn, and in what court the fine was levied, 2 Saund. 175. n. 2. (u) It appears advisable to state the names of all the judges, 2 Saund. 175. n. 2. (x) 2 Rich. C. P. 352. 2 Saund. 270. AND HOW ACQUIRED. appurtenances, to be the right of him the said A. B. as those which 5. THE TITLE, the said A. B. had of the gift of the said E. F. and G. and the same remitted and quitted claim from them the said E. F. and G. and the heirs of her the said G. (y) to the said A. B. and his heirs for ever (z). And further the said E. F. and G. granted for themselves, and the heirs of the said G. that they would warrant to the said A. B. and his heirs, the tenements aforesaid, *with the appurtenances, against all [* 272] men for ever. As by the record of the said fine remaining in the said court of the Bench aforesaid, more fully appears; (a) which said fine so had and levied as aforesaid, was had and levied to the use and behoof of the said A. B. and his heirs and assigns for ever, to wit, at, &c. aforesaid. By virtue (y) of which said fine the said A. B. then and there became and was seised of the said tenements, with the appurtenances, in his demesne as of fee. mations. See the precedent, 1 Saund. 259. As to the pleading a fine with 36. The like, proclamations as a bar to the issue in tail, and in general when such with procla proclamations are necessary, and how they are to be pleaded, see 1 Saund. 259. n. 8. 2 Saund. 175. n. 3, 4.-See the form, 2 Bla. Com. App. No. 4. And the said C. D. further says, that before the said several times 37. Deed to when, &c. in the said first count mentioned, and at the several times lead the uses of recovery, hereinafter mentioned, one E. F. as heir at law of G. H. deceased, and recovery was seised in his demesne as of fee, of and in the manor of, &c. with accordingly (z). the appurtenances, in the county aforesaid. And being so seised thereof, he the said E. F. heretofore, to wit, on, &c. at, *&c. aforesaid, [273] (y) In 2 Saund. 270 it is stated, "the heirs of the husband," but this is inaccurate, when the estate is the inheritance of the wife, 2 Saund. 176. n. 3. 2 Rich. C. P. 352. (a) A reference to the record of the fine, or of proclamations, is unnecessary, 2 Saund. 176. n. 4. Serjeant Williams, in preference to (z) If a less estate, see 2 Saund. Doct. Plac. 309. a. Jacob. Dict. title 175. Recovery. See the record of a recovery, 10 Wentw. 251. and the exemplification of it, Id. 252. The recovery is in this case merely inducement to shew that C. D. was tenant for life. See the form of a recovery with single vouchers, and writ of seisin thereon, 2 Saund 89, &c.; and one with double voucher, 2 Bla. Com. App. No. 5. which will assist in framing the statement of a recovery. See the nature of a recovery defined, &c. Willes. 451. 2 Saund. 42. n. 7. 2 Bla. Com. 357.See the precedents, Winch. Ent. 1139. 2 Lutw. 1541. Clift. 814. pl. 3. (y) As to this statement, 2 Rich. C. P. 352. 2 Saund. 270.176. And as to the statement of a deed to lead the uses of the fine, see the following precedent of a recovery, and see the statement of a deed to declare the uses of the fine, 2 Saund. 270. (2) The recovery is pleaded in this precedent more concisely than is usual. See the next precedent. The above form in a plea was advised by Mr. |