PRACTICE, will, generally, be more or less incomplete, for want of an equal and uniform variety of the several species of Assurances of which it is composed. Where this defect was discovered in the present collection, it has been supplied by the EDITOR, either from his own private collection, or by drafts expressly prepared for the purpose. Deeds founded upon principle will vary in their form according to the tendency of the principle by which they are governed; and as Mr. POWELL (like all other men of independent abilities,) occasionally entertained opinions which, however consonant with genuine notions of law, were not in every instance implicitly adopted by his Cotemporaries, some of the precedents admitted into the collection may be thought to vary from those which the student has been accustomed to meet with. These variations, and the reasons upon which they were founded, the Editor, from his long intimacy with the Author, has had peculiar opportunities of knowing; and as the Manuscripts which have now come to his possession, will probably enable him to account for many of them, without trusting solely to the fallacy of his own recollection, he shall, as often as he can, endeavour to do it from that source; and in other cases a similar attempt will be made, by quotations from such other of the Author's writings as are in print. But as the Conveyancer will be but feebly prepared to secure the interests of his Client, by an acquaintance with the FORMS alone of Deeds, without a knowledge of the principles upon which they are constructed, and the objects they are respectively calculated to effectuate, the Editor has introduced ESSAYS, or ELEMENTARY DISSERTATIONS on the NATURE and USE of the different Species of Assurances contained in the collection; and subjoined occasional NOTES and REMARKS explaining the EFFECT and OPERATION of the several stipulations contained in them; together with References to such Books and Cases, whence any further information which the Student may be desirous of acquiring upon the subject, may be most readily obtained. In executing this part of his intentions, the Editor feels himself called upon to apologize to the Profession for having occasionally referred to the "ELEMENTS OF CONVEYAN CING." This he would have avoided, had there been any other compilation to which he could have referred with equal ease; but the very short time allowed to him by the pledge which the Proprietors had previously given to the profession, for commencing the publication of a selection to be made from fifteen volumes of manuscripts in quarto, rendered it impossible for him in many instances to refer to more pointed authorities. He also imagined that a reference to some general treatise might often be more convenient to the generality of those by whom he conceived a work of this, nature most likely to be purchased, than perpetual recurrences to distinct treatises and cases, which might not always be within the immediate reach of every Practitioner. The recent date of many of the drafts contained in this collection, may possibly occasion an apprehension to be generated in the public mind, lest a disclosure should be made by their publication, of the private arrangements of individuals; this appreLension has not escaped the Editor's attention, and he thinks he can venture to assert, at whoever conccalment could be deemtall necessary, it has been effected. TABLE OF CONTENTS Articles of an Agreement for the Sale of Estate by two Joint-tenants to be car- ried into execution by a decree in Equi- ty: Part of the Purchase Money to be paid to the Vendor's Banker as a Deposit,' and the Remainder into the Bank in the name of the Accountant General Agreement for Sale of an Estate between two Vendors and their Wives, and an Attor- ney on behalf of the Purchaser Agreement for the Purchase of Freehold and Copyhold Messuages, &c. from two Vendors, part of the Purchase Money to be paid down, and the rest upon 1 a good Title being made. In default of a Title, the premises to be a security for Articles of Agreement between a Vendor and an Attorney on behalf of the Pur- chaser for the Purchase of an Estate sold by Auction under a Decree of the Court of Chancery, and subject to a Mortgage and other Incumbrances Agreement for the Purchase of Lands, &c. at so many years Purchase, with spe- cial Clauses relative to Timber. Vendor Agreement on the Sale of an Advowson as to Money retained in consequence of doubts arising respecting the validity of the Title for want of a Confirmation by the Heir at Law of a former Owner 55 Agreement upon the Sale of Premises by executor, whereby part of the Purchase money is to remain in the Purchaser's |