3 usually made; for when a fine is to be passed, it is generally covenanted to be levied in some previous, usually the purchase or other deed made on the occasion wherein the uses are limited; and when a recovery is suffered merely for the purpose of converting an estate tail into a fee simple, the use is limited in the conveyance to make the tenant to the præcipe. So where a recovery is to be passed on a sale of the lands, the uses are limited in the conveyance to the purchaser. And as previously to passing a fine or recovery these uses may be varied, or revoked, (h) if there be more deeds than one, the uses will be guided by the last deed: (i) but it must be executed by all the parties to the former deed. (k) When the fine or recovery differs from the previous deed, limiting the uses of it, either in time, (1) person, or other circumstance, then other uses, than those limited already, may be declared by another instrument; (m) although it be not a deed, but a mere writing without seal, and although all the persons interested under the first limitation of uses are not parties to the second. (n) The deed to (i) Jones v. Morley, 1 Ld. Raymond's Rep. 287. (k) Stapilton v. Stapilton, 1 Atk. 2. 10. (m) Touchstone, c. 24. c. 2. lead or declare the uses may be either by indenture or deed poll, (o) and no consideration is necessary, (p) but it must be certain and complete; (q) though very slight expressions are sufficient to lead or declare the uses, no formal set of words being requisite. (r) And it is by no means certain that a declaration of uses, executed after a fine or recovery has been levied or suffered, may not be controlled by a subsequent deed. To the preceding observations relative to the deed leading or declaring the uses of fines and recoveries, it may be useful to add that every heir at law has a right to inquire by what means he is disinherited, and to have the deeds and writings disinheriting him deposited in proper hands for his inspection. (s) Therefore, a party interested is entitled in a Court of equity, on a bill for the purpose, to a discovery of the deed, declaring the uses of a fine; and a plea of the fine and long possession under it will be no bar to the discovery. (t) So the party interested is in like manner entitled to an inspection of the recovery deed, to see whether any thing can be discovered from it to his 1 (0) Sand. Uses and Trusts, c. 2. (s) Harrison et Uxor "v. (p) Jones v. Morley. (9) Touch., c. 2. Southcote and Another, 1 Atk. Rep. case 255. (Sand. Uses and Trusts, (t) Holt v. Lowe, 5 Brown's advantage; and on the coming in of the answer acknowledging the possession of the deed, he may obtain an order on motion, either for it to be left with the clerk in Court, (y) or to be brought into the master's office. (*) He may also inspect the writs and other proceedings in the offices where they are respectively deposited, and have such office copies and extracts of them as he may think proper. (y) Bettison v. Farringdon and Others, 3 P. Wms. 363. (z) Earl of Suffolk v. How ard, 2 P. Wms. 117. CHAPTER IV. OF THE AMENDMENT OF FINES AND RECOVERIES. FINES and recoveries may under the authority of the 8 Hen. VI. c. 12. be amended by the Court where any palpable mistake or misprision has been made by the officers of the Court, when there is any thing to amend by; (a) and as the præcipe is the cursitor's instructions for an original writ, so a deed to lead the uses is considered as his instructions for a fine or recovery. (b) By the above statute a mistake in the form, (c) teste, (d) or return, (e) of a writ of covenant for levying a fine, or writ of entry for suffering a recovery, (ƒ) may be amended where the mistake was occasioned by the misprision of the clerk, and there is any thing to (a) Wynne d. Thomas, t. 708. (d) 5 Rep. 44, 5. (e) Ca. Pr. C. P. 127. But the return of a writ of co venant was not permitted to be amended by changing it from Trinity to Easter Term, the deed to lead the uses being colourable, and the fine taken from a dying woman. Lindsay v. Gray, 2 Black. 1013. (f) 5 Taunt. 259. 8 Taunt. 197. amend by but otherwise it seems not to be amendable. (g) The manner of procuring the amendment to be made in term time is, for the party interested to apply to the Court by motion, which may be made any day that the Court is sitting, (except the last day of term,) (h) for an order to make the desired amendment, on an affidavit, (i) of the circumstances, (k) accompanied by the deed to lead or declare the uses, or make the tenant to the præcipe, as it must appear upon the face of the deed when there is one, that there is sufficient ground for the application. (1) Upon reading the deed (m) and affi (g) Waller d. Hinde, t. Bland v. 8 Taunt. 104, 5. (h) The Court will not en tertain any motion for the amendment of fines or recoveries, or on any subject relating thereto, on the last day of Term. Rule H. 60 G. 3. and 1 G. 4. C. P. See 5 Taunt. 856. 1 Brod. and B. 468. 2 Brod. and B. 122. Appendix S. (i) Fawcett v. Lowe, 6 Taunt. 432. But the Court permitted parcels to be added in an old recovery, without an affidavit, it appearing by the deeds that they were intended to pass, and the possession having gone accordingly. Tennyson d. Goulton, t. Rousby, v. 3 Taunt. 408. (k) In a late case, the Court declared that when a fine or recovery was moved to be amended, they would always require an affidavit, that the possession had been in conformity with, and had followed the deed since such fine or recovery was levied or suffered. Ince v. 6 Moore, 259. (1) Pearson d. Pearson, t. Brougham v. 1 H. Black.73. (m) Previous to the motion |