66 a CONVEYANCE Recital of con veyances of the lands, to be given in ex change to uses to bar dower, grantor. C. D., of &c., [the person taking in exchange], of the other part; [recites indentures of lease and release, whereby piece or parcel of land containing by estimation ———, and now forming part of the piece or parcel of land hereinafter particularly mentioned, and intended to be hereby appointed and released," was with other hereditaments conveyed and assured to uses to bar dower in favour of A. B. in favour of the and a deed of covenant to levy a fine, and the fine, whereby "the piece or parcel of land containing by estimation and now forming the other part of the piece or parcel of land hereinafter particularly mentioned, and intended to be hereby appointed and released," was with other hereditaments also conveyed and assured to uses to bar dower in favour of A. B.] (a): NOW THIS INDENTURE WIT- Witnesseth. NESSETH, that, in consideration that the said C. D., by Consideration. an indenture of release and covenant bearing even date with these presents, grounded, so far as the same operated as a release on a lease for a year, and made or expressed to be made between the said C. D. of the first part, the said A. B. of the second part, and E. F. of the third part, hath conveyed certain freehold hereditaments therein particularly mentioned, with their appurtenances, to the use of or in trust for the said A. B., his heirs, appointees, and assigns, in such manner as in the same indenture is men (a) This Precedent is peculiar, and, according to ordinary rule, defective in omitting to recite an agreement for the exchange. The recital might be in the following form : "AND WHEREAS the said A. B. has contracted and agreed with the said C. D., for the sale to him of the piece or parcel of land and hereditaments hereinafter particularly mentioned, and intended to be hereby appointed and released, with the appurtenances, and the inheritance thereof in fee-simple in possession, free from incumbrances, in consideration of the conveyance and covenant hereinafter mentioned to be made and entered into by the said C. D." This recital would be followed by a recital of the conveyance of even date, and the consideration in the witnessing part would be stated by reference to the recital, or generally, as "in consideration of the premises." Recitals of the precedent defective. BY WAY OF and the day of CONVEYANCE tioned, and hath also covenanted to surrender certain copyhold hereditaments therein particularly mentioned, holden of the manor of in the said county of with their appurtenances, to the use of the said A. B., his heirs and Appointment. assigns: AND, pursuant to, and by force and virtue of, and in exercise and execution of the several powers or authorities to the said A. B. given by the said indentures of the day of and the said fine respectively, as hereinbefore is mentioned (b), and of every or any other power or authority in anywise enabling him in that behalf, he the said A. B. doth by this deed or instrument in writing, by him sealed and delivered in the presence of, and attested by, the two credible persons whose names are intended to be hereupon indorsed as witnesses to the sealing and delivery of these presents by him the said A. B., direct, limit, and appoint, that ALL SUCH part or parts of the pieces or parcels of land and other hereditaments hereinafter particularly mentioned, and intended to be hereby released, as was or were comprised in the hereinbefore recited indentures of the Parcels. Witnesseth further, grant and release. When several powers may be exercised by one witnessing and days of with the appurtenances, and also all such part or parts of the said pieces or parcels of land and other hereditaments hereinafter particularly mentioned, and intended to be hereby released, as was or were comprised in the hereinbefore recited indenture of the day of, and the said fine acknowledged and levied in pursuance of the same indenture, as herein before is mentioned, with the appurtenances, shall henceforth go, remain, and be to the use of the said C. D., his heirs and assigns for ever: AND THIS INDENTURE ALSO WITNESSETH, that, for the considerations hereinbefore mentioned, he the said A. B., hath granted, aliened, released, and confirmed, and (b) If two or more powers of appointment, which are to be exercised for the same object, are exercisable without any or with similar formalities, the appointment may be conveniently made in respect of all the powers at once by one witnessing part; (see infra, p. 268, n. (c)); but if there are different formalities to be observed in the exercise of the different powers, distinct witnessing parts will be at least convenient, even if not necessary. CONVEYANCE BY WAY OF Parcels. title. by these presents doth grant, alien, release, and confirm unto the said C.D., (in his actual possession now being &c., ante, Vol. 3, p. 198), and to his heirs, ALL THAT piece or parcel &c. [parcels-general words]: To HAVE AND TO Habendum. HOLD the said piece or parcel of land and hereditaments, and all and singular other the premises hereinbefore granted and released, or expressed and intended so to be, unto the said C. D., his heirs and assigns, to the use of the said C. D., his heirs and assigns for ever: [Covenants by A. B. Covenants for with C. D., his heirs and assigns-that the powers were well created are in force-for right to appoint for quiet enjoyment-free from incumbrances-and for further assurance—see ante, Vol. 3, pp. 216 and 201]: PROVIDED AL- Proviso that, WAYS, and it is hereby expressly agreed and declared on eviction between and by the said parties to these presents, that, in case the said A. B. or his heirs (c) shall, at any time hereafter, be evicted from the said hereditaments comprised in the said indenture of release of even date with these presents, or any part thereof, he or they shall not, by reason or in consequence of such eviction, be entitled to reenter upon or have any right, title, or interest, at law or in equity, of, in, or to the said hereditaments herein before appointed and released, or expressed and intended so to be, or any part thereof (d). IN WITNESS &c. (c) The appointees and assigns are not mentioned, because they have no common law right of eviction. (d) A clause to this effect is greatly to be recommended, in order that it may not be necessary on every future occasion to shew both the titles as to each estate. (See ante, Vol. 1, p. 170; Vol. 3, p. 59, n. (k); p. 135, n. (a)). As, however, parties may occasionally desire to be invested with the right of mutual re-entry on eviction, a form of a proviso framed for that purpose is subjoined. It will be seen that the clause is not adapted to the Precedent in the text. "PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that if the said A. B., his heirs or assigns, shall at any time hereafter (without his or their wilful neglect or default) be evicted or turned out of the possession of the said piece or parcel of land and premises, which, by the indentures of lease and from the lands taken in exchange, no right of reentry shall ac crue to the grantor. As to clauses conferring the re-entry on right of mutual eviction. Clause conferring the right of mutual re-entry on eviction. CONVEYANCE BY WAY OF release herein before recited or referred to, have been conveyed, or expressed to be conveyed, by the said C. D. unto and to the use of the said A. B., his heirs and assigns, by any person or persons any estate, right, title, or interest, lawfully or equitably having or claiming, or to have or claim, in, to, or out of the same premises, so as that the said A. B., his heirs or assigns, shall or may be prevented or hindered from holding and enjoying the same, according to the true intent and meaning of the said indenture of release bearing even date herewith, then and in such case it shall be lawful for the said A. B., his heirs or assigns, into and upon the said piece or parcel of land and other hereditaments hereinbefore granted and released, or expressed and intended so to be, to enter, and to hold and enjoy the same, and to have and receive and take the rents, issues, and profits thereof, to his and their own use, in such and the same manner, to all intents and purposes whatsoever, as he or they might or could have done if these presents, and the lease for a year, upon which the same are grounded, had not been made or executed, anything hereinbefore contained to the contrary thereof in anywise notwithstanding." UNDER POW- Parties. Recital of the XIX. EXCHANGE under POWERS, of Lands comprised in a SETTLEMENT and WILL respectively. THIS INDENTURE, made &c. BETWEEN A. B., of &c., [the donee of the power in the settlement], of the first part; C. D., of &c., [the tenant for life under the settlement], of the second part; E. F., of &c., G. H., of &c., and I. K., of &c., [the donees of the power in the will], of the third part; and L. M., of &c., [the tenant for life under the will], of the fourth part: [Recital of the settlement, in which are in ERS. settlement con taining a power of sale and exchange; of the death of certain per sons; under an inclosure act, in lieu of common and waste lands, cluded certain commons and waste lands-see ante, Vol. 3, UNDER POWfp. 280 and 281, n. (a)]: AND, by the said indenture now in recital, it was provided and declared, that it should be lawful for the said A. B. and [his co-trustee], and the survivor of them, and the heirs of such survivor, at any time or times after the solemnization of the said intended marriage, at the request, and by and with the consent and approbation, of the said C. D. and [the intended wife], during their joint lives, or the survivor of them during his or her life, to be signified by writing under their, his, or her hands and seals, or hand and seal, to sell and dispose of and convey, either by way of absolute sale, or in exchange for, and in lieu of other hereditaments &c. [the power of sale and exchange recited at full length (a)]: AND WHEREAS &c. [recites the deaths of the wife and of the co-trustee of A. B.]: AND WHEREAS X. and Y., the commissioners of an award appointed under and by virtue of an act of Parliament, made and passed in the year of the reign of his late Majesty King intituled, "An Act" &c., [an Inclosure Act], did by their award, bearing date the day of -, set out, allot, and award unto the said A. B., his heirs and assigns, in lieu of and as a compensation for his and their right and interest in and to the soil of the said commons and waste lands: ALL THAT &c. [allotment as described in the award]: and the said commissioners did thereby set out, allot, and award to Z., of &c., his heirs and assigns, ALL THAT &c., [allotment as described in the award], in lieu of and in exchange for the piece or parcel of land and occupation road next thereinafter allotted and awarded to the said A. B., his heirs and assigns, and the said commissioners did further allot and award to the said A. B., his heirs and assigns, ALL THAT &c., [allotment as described in the award], in lieu of and in exchange for the piece or parcel of land called —, last awarded to the said Z., his heirs and assigns, in exchange as aforesaid: AND WHEREAS the said several allotments were so set out and (a) As to the manner in, and the extent to which the limitations and powers of settlements should be recited, see ante, Vol. 3, p. 222, n. (c); p. 281, n. (a); p. 284, n. (b); and supra, p. 211, n. (a). and of an exchange under the act; of the award having been made in re |