permit, operate as grants, is very useful in practice. For it often happens, that in conveyances by lease and release, the lease for a year is lost, or is defective; but if the estate was in lease, or there was a term of years outstanding, the release will have operated as a grant of the reversion. It is true that, after a considerable lapse of time, the execution of a lease for a year, which is not forthcoming, will be presumed (a), and an attempt has been made to remedy such defects by the late statute, 4 & 5 Vict. c. 21 (b); but, it is apprehended, that in many cases the doctrine adverted to will still be found useful. In conveying a reversion, a grant is the proper assurance; but in practice the conveyance is by lease and release, or a release grounded on the statute, in order to avoid the difficulty of preserving evidence of the subsistence of the particular estate at the date of the conveyance. If a tenant for life and reversioner or remainder-man join in conveying the inheritance, each of course passes his own estate (c); and although the proper mode of conveyance in such cases is by a release referring to the statute, yet, if the conveyance contained no such reference, it would, it seems, be construed as operating, first as a grant of the reversion or remainder, and then as a surrender of the estate for life (d). (a) Infra, vol. iii. p. 51, n. (¿) ; see, too, Jenkins v. Peace, 6 Mee. & Wels. 725; Ford v. Lord Grey, 6 Mod. 44; 1 Salk. 285. (b) Infra, vol. v. p. 266, n. (c) 1 Co. Rep. 76 a, 6—14 b. Operation of tenant for life and remainder man. Operative words of powers. In appointments made in exercise of powers, the operative words to be used are those mentioned in the power, and no others; for, although the same liberality of construction is given to appointments as to other instruments, and any words sufficiently indicating the intention are held to operate as an exercise of a power (a), yet the reasonable and only safe course is, to use the exact form which the power authorizes. (a) 1 Sugd. Pow. (6th edit.) ch. vi. sect. 2. 339 CHAPTER VI. OF PARCELS. THE operative words are followed immediately by Parcelsthe description of the property conveyed or dealt meaning of with. This description is technically called the "parcels." The word "parcel" (in law Latin," parcella,") seems to have been originally applied in the sense of " a piece" to land only, (Jacob's Law Dict. Parcel); but in modern usage, the expression " parcels" is used to signify the description of the property, be it what it may. The leading rules and principles how framed. as to the position and frame of the parcels are stated and explained in the notes to some of the precedents (a). Generally, the parcels are copied from the latest description in the abstract of title, with such trifling variations only as the change of tenancy or condition may require; but if there have been no new description given for a considerable time, it usually becomes necessary to frame a new description from an actual survey, or such other materials as may come to hand. In that case the point is (with a view to preserving evidence of identity) to connect the new with the old description by a suitable reference. (a) See particularly infra, vol. iii. p. 209, n. (c); p. 212, n. (ƒ); p. 240, n. (ƒ); p. 312, n. (g); p. 552, n. (a); p. 354, Meaning of particular words of description. If the instrument containing the old description be recited, and the recital (as it should do) refer to the new description in the operative part, the object is accomplished; but if such be not the case, the way is, in the operative part, to set out the old description, and follow it by the modern description introduced by the words-"All which said hereditaments are now better known and described as follows, (that is to say);" or to set out the modern description, and follow it by the ancient, introduced by the words "All which said hereditaments were formerly known and described as follows, (that is to say)." In giving the ancient description, however, it must be carefully seen that no deeds or other instruments are referred to, as the obvious result of such a reference would be to encumber the title with the deeds or instruments in question, since the modern deed could never be produced without giving notice of the old deeds. It is also desirable (especially in dealing with large estates) to add such general description or reference as will include all the property embraced in the old description, even if it should turn out to be wanting in the new, and (what is generally more important) to include all the property embraced in the modern description, although not in the old. It would be of no practical utility to enter into an explanation of the various technical words of description of real property which are mentioned in text books (a). It will, however, be convenient to ob (a) All the information on the 4. a., 6.a.; Sheppard's Touchst. subject may be found in Co. Litt. p. 21 et seq.; Burton on the serve, that by the word "manor" all the demesne lands of the manor and the freehold of the copyhold lands will pass as well as the seignory (a); and an advowson appendant to the manor will pass by a conveyance of the manor (b), except when the conveyance is by the crown (c). A reputed manor too will pass by the description of a "manor" (d). The word "messuage" is used to express an ordinary dwelling-house, but seems properly to mean a dwelling-house with land attached (e). The expression "capital messuage" is applied, not in the auctioneer's meaning of an excellent house, but as the chief mansion-house (capitale, from caput,) of the estate. The word "farm" includes the farm-house and all the land held therewith (g). "Land" signifies, not only land in the ordinary meaning of the word, but houses and everything therein, or permanently affixed thereto (h). The word "tenement" comprises, not only land, but every subject of tenure, whether corporeal or incorporeal (i). But "hereditament" is the word of largest signification and of most uni |