intended certain; and tho' Defects or Mistakes herein, except they be very grofs, will not hurt, yet it is beft and moft fafe to defcribe the Perfons Parties to the Deed by all their true and proper Names, or at leaft by the Names they are ufually called, if their Names cannot be rightly known, and by their right Additions. Confidera- As to the Confideration of a Deed, it is to be noted, That fome Deeds may be good, tho' there be no Confideration fet down, as will be explained in what follows.

tion.

But a Deed of Bargain and Sale, and a Deed of Covenants to raise Ufes, must have a Confi、 deration in it.

And where a Confideration is necessary, it is either of Blood or the like, or it is of Money or Money's Worth, as of Cattle, Land, Corn, or any other valuable Thing.

The Confiderations following are generally ufed:

As for Money paid, or fecured to be paid, For natural Love and Preferment of Children. For Settlement in the Family and Blood. For affuring Lands in Jointure before or after Marriage. Towards Performance of former Covenants. For Payment of Debts, and the like.

Where a Confideration is neceffary, if it be but Five Shillings, it is as good and effectual in Law as if it were an Hundred Pounds.

It is further to be obferved, That if one make a Deed of Feoffment, Bargain and Sale, Gift or. Grant of Lands to a Stranger without any Confideration at all, and it is not agreed or declared to what Ule or Intent it fhall be, then it shall be to the Ufe of him that makes the Deed, and the other Party will have no Benefit by it.

So if a Leffee make an Affignment of his Eftate, without Confideration, it shall be to the Ufe of the Affignor.

But if any Confideration of Money or other Thing be paid or given for it, or if any Rent be referved upon the Deed which amounts to a Confideration in Law, it fhall veft the Land in the Feoffee, Grantee, &c.

And fo where any Tenure is referved, there the Ufe will arife: Therefore Gifts in Tail, and Leafes for Lives and Years, are good to all Purposes, especially if any Rent be referved upon them, altho' they be made without any Confideration.

So alfo are Exchanges, Confirmations, Surrenders, and Releases: So are all Deeds of Gift and Grant for Goods or Cattle.

Alfo in a Deed of Land, if there be Ufes expreffed, as, To have and to hold to the faid A. B. and bis Heirs, to the Ufe of him the said A. B. and bis Heirs; there he fhall have the Ufe alfo, altho' no Confideration be given for it.

Yet it is fafeft to exprefs fome Confideration; and tho' it be but small, if really paid, it will be good in Law.

In this Part of the Deed all that is to be con- Grant, veyed must be set down; for if any Thing more be put down in the Habendum than is in the Grant, it will not país; for only what is mentioned in the Grant will pass.

The Order generally obferved in fetting down the Particulars of the Grant, is as follows, viz. The more worthy Things before the lefs worthy; as, a Mannor before a Meffuage, a Meffuage before Land, Arable Land before Meadow, and Meadow before Pafture, &c. General Things before Special Things: And particular Things afC 4

ter

ter this Order, a Meffuage, a Toft, a Mill, Barns, Out houfes, Gardens, Orchards, Arable Land, Meadow, Pafture, Wood, Furzes, and Heaths, Commons, and Rents. But this Regularity is not neceffarily required, for it is good in Law, though it be otherwife placed.

If there be a Certainty in the Thing granted, as it is described, and it can by any circumftantial Matter within the Grant be found out, al'tho' there be not an orderly and formal Defcription of it by the Quality of the Thing, the Boundaries, &c. yet the Deed herein may be good, and the Thing pafs.

But however, let the Thing granted be carefully fet down, and certainly defcribed by the Quality, Quantity, and Situation thereof, and any Thing else that may afcertain it; for if any Thing granted be altogether incertain, and not reducible to a Certainty, the Grant will be void for that Part, and nothing will pafs.

Any Thing may be granted by the Name whereby it is, and hath been ufually called of later Times, as within this nine or ten Years, albeit it be an improper Name, or not its first or true Name.

By the Grant of any Houfe, Land, or like Thing in Poffeffion, the Reverfion thereof,, and the Rent referved upon any Eftate thereof made, inay pafs; but by the Grant of a Reversion the Poffeffion will not país.

In Cafe where a Man hath not all the Deeds with the Land in his own Cuftody, it is ufualafter the Grant of the Things in particular, before the general Words, And all Houfes, &c. to interpofe by Way of Recital from whom the Lands came to him that makes the Deed; that the Grantee may be able to make his Title to it by this Means, if he have Occafion. But

But great Care must be taken where any fuch Recital or Reference be made, that it be truly and rightly done, otherwife it will do more harm than good: And the Deed is good without any fuch Recital or Reference.

It is beft and fafeft rather to have too many general Words than too few.

The Words, and all the Eftate, &c. are ufed when he that makes the Deed doth part with all his Estate, and not when he doth only grant a Jeffer Eftate out of a greater Eftate.

As to the Grant of Deeds, they will follow the Land, and without granting of them to the Purchaser, he will have them; yet it is not amifs to put them in the Grant; for a great deal of Caution cannot hurt.

A Purchaser fhould have all the Deeds; unlefs the Seller have more of the fame Land ; and then it is reasonable to keep them to defend the Title of his own Land, and to deliver attefted Copies to the Purchaser.

Grant of a Principal will pafs the Incident without the Words cum pertinen'; as by Grant of a Mannor the Court Baron will pafs: By the Grant of a Ground, a Way to it: By the Grant of a Rectory or Parfonage, the Houfe, Glebe, Tythes and Offerings: By the Grant of Mills, the Water and Floodgates, and all Conveniencies belonging to them: By the Grant of Trees or Mines, Power to cut them down and dig them, will pass by Implication of Law, &c.

A Grant of a Mannor without the Words, cum pertinentiis, will nevertheless pafs all Things belonging and appendant to the Mannor, as the Demefnes, Rents, Services, Lands, Meadows, Paftures, Woods, Commons, Advowfons, Courts Baron and Perquifites, &c. All Things that are

in Truth, Part or Parcel of the Mannor at the Time of the Grant.

The fame by Grant of any other Thing.

A Grant of a Farm, will likewise pass all Lands belonging to it: But a Grant of a Mef fuage, or of a Mef. cum pertin' will only pass the House, Outhoufes and Gardens.

The Words given and granted in a Deed may amount to a Gift, Grant, Feoffment, Leafe, Release, Confirmation or Surrender: And the Perfon to whom fuch Deed is made, may use it to which of the Purposes he pleases, that which will tend moft to his Benefit.

The Word Hereditament in a Deed includes all Things which may be inherited; and Tenement comprehends all Things whereof there may be a Freehold; Land includes all Ground of what Nature or Quality foever.

If a Grant be made of a particular Sort of Land, as of Pafture, &c. then no other Sort of Land will pafs, let the Words be what they will which follow.

A Grant of Trees doth not pass the Soil and Herbage, nor Apple Trees and Underwood.

So alto a Grant of Woods and Coppice, wherein the Words, with free Entry for felling, &c. are mentioned, doth not pass the Soil and Herbage; but if those Words, free Entry, &c. be omitted contra.

The Word Profits, makes every Thing pafs as appertains to the Things granted, if Livery and Seifin be made; as by a Grant of the Profits of Twenty Acres of Land, the Vefture, Herbage, Warren, Trees, Mines, &c. do país.

Grant of all Deeds or Muniments, will pafs all manner of Conveyances and Writings.

Grant