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RIES.

FINES AND description aforesaid, or by or between the said

parties to these presents, or any of them, or whereunto they or any of them, are, is, or shall be party or parties, privy or privies, shall so far as they or any of them relate to or concern the said hereditaments and premises, be and enure; and the same fine or fines, recovery or recoveries, corveyances and assurances, are hereby declared to have been at the time of levying, suffering, or executing the same, meant and intended to be and enure to the uses upon the trusts, and to and for the ends, intents, and purposes, bereinafter liinited, expressed, and declared of and concerning the same, (that is to say), (here express the uses.) IN WITNESS, &c.

1

No. XLII.

the Uses of a

Fine,

Deed declaring the Uses of a Fine.

This INDENTURE, made, &c., BETWEEN (cog. Deed declaring nizor) and (his wife) of the one part; and (the

cognizee) of the other part. WHEREAS the said
(cognizor) and (his wife) did in or as of
Term, now last past, levy and perfect a fine sur
conuzance de droit come ceo, &c. unto the said
(cognizee) and his heirs, of and concerning all,
&c. by the name of, &c. but no uses of such fine
were at the time of levying or perfecting thereof,
nor hath hitherto been declared of the same.
Now THEREFORE THIS INDENTURE WITNESSETH,
AND IT IS HEREBY DECLARED AND AGREED, by
and between all and every the said parties to these
presents, so far as they are respectively interest-
ed, that the said fine so as aforesaid, and all and

301

TINES AND

RIES

every other fine and fines, &c. [as in last pre- RECOVE. cedent) and the same fine or fines are hereby declared to have been at the time of levying, 'suffering, or executing the same, meant and intended to be and enure to the uses, upon the trusts, and to and for the ends, intents, and purposes hereinafter limited, expressed, and declared of and concerning the same, [here express uses.] IN WITNESS, &c.

No. XLIII.

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The Mode of supplying a Defect in Title oc

casioned by the Loss of Deed, leading the Uses of a Fine.

TO ALL WHOM THESE PRESENTS SHALL COME UNTO AND CONCERN, D. E. of

in the New Declara

lion, former losi. county of

gent. and F. his wife, sends greeting. WHEREAS the said A. B. and C. his Reciting deed wife, did duly sign and seal and as their act and uses of five. deed deliver a certain indenture in the words following, (that is to say) This INDENTURE, made, &c. BETWEEN D. E. of, &c. and F. his wife, of the one part, and G. H. of, &c. of the other part; WITNESSETH, that for the settling, conveying, and assuring the messuages, lands, tenements, bereditaments, and premises hereinafter mentioned and described, to and for the several uses, estates, intents, and purposes hereinafter expressed and declared, and for and in consideration of the sum of five shillings a piece of lawful money of, &c. to the said D. E. and F. bis wife, in hand paid by the said G. H. at or before the execution of these preseuts, the receipt whereof is hereby acknowledged, be the said

RECOVE

RIES,

FINES AND D. E. for himself and the said F. his wife, his

and her heirs, doth covenant, promise, and grant, New Deckare and she the said F. doth consent and agree to and tion, former lost. with the said G. H. and his heirs by these pre

sents, that they the said D. E. and F. his wife, shall and will at the costs and charges in the law of the said D. E. his executors, administrators, and assigns, before the end of next Michaelmas term, or some other subsequent term, acknowledge and levy in due form of law, before bis Majesty's Justices of the Court of Common Pleas at Westminster, unto the said G. H. and his heirs, one or more fine or fines, sur conuzance de droit come ceo, &c. with proclamations to be thereupon had according to the form of the statute in that case made · and provided, and the usual course of fines in such cases used and accustomed of and concerning All, &c. and all ways, waters, watercourses, easements, profits, privileges, liberties, commodities, advantages, emoluments, hereditaments and appurtenances whatsoever, to the said messuages, lands, tene: ments, hereditaments, and premises bereinbefore pientioned, and every of them belonging, or in an wise appertaining, or therewith, or with any part or parcel thereof usually held, used, occupied, or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member thereof, and the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the said premises, and of all the estate right, title, interest, inheritance, use, trust, property, claim and demand whatsoever, both at law and in equity of them the said D. E, and F. his wife, of, in, to, or out of the

RIES.

same premises, every or any part or parcel there. PINES AND of, by such apt and fit names, descriptions, quantities and qualities of land and other particulars, New Declaraand in such manner and form as shall be advised lion, former lost. and thought fit for that purpose; And it is hereby declared and agreed, by and between the said parties to these presents, that as well the said fine or fines, so as aforesaid, or in any other manner, or at any other time levied, or to be levied, of the said messuages, lands, tenements, hereditaments, and premises, or any of them, or whereunto they, or any of them are, or shall be parties or privies, shall be and enure, and shall be adjudged, deemed, construed, and taken, and so are and were meant and intended to be and enure, and the conuzee or conuzees in the said fine or fines damed or to be named, and his or their beirs, shall stand and be seised of the same messuages, lands, tenements, hereditaments, and premises, with their and every of their appurtenances, to the use and behoof of the said G. H. bis heirs and assigns for ever, and to and for 10 other use, intent, or purpose whatsoever. IN WITNESS, &c. AND WHEREAS in or as of Fine levied,

term, in the year of our Lord fine was duly levied and perfected by the said D. E. and F. his wife, pursuant to the said indenture hereinbefore recited or set forth, as by the records of the said fine may appear. AND but deed has WHEREAS the said indenture has been lost or mis- draft only exlaid, and the draft thereof only is extant. AND WHEREAS the said draft hath been compared with and agreeth with the said indenture hereinbefore recited or set forth. Now THEREFORE THESE Fresh declaraPRESENTS WITNESS, and the said D. E. and F. tion.

a

been lost aud

tant.

/

RECOVE

RIES.

Now Declara.

FINES AND his wife, do hereby declare that they did both duly

sign and seal, and as their act and deed deliver the

aforesaid indenture; and moreover that they the tion, former lost. said D. E. and F. his wife, did not at any time

before the levying and perfecting the said fine, nor at any time since, direct or declare any other use thereof, and that the said fine was so levied, and at the time of so levying the same, was meant and intended by all the said parties to the said indenture to be and enure TO THE USE AND DEHoof of the said G. H. bis heirs and assigns for ever, and to and for '

no other use, intent, or pur. pose whatsoever.

For other precedents touching the uses of fines, see Index, as well to this Volume as Mr. Barton's Precedents. Deeds of this pature when they are executed previously to the acknow. ledging the fine, are termed Deeds leading the Uses thereof; and when subsequently to the acknowledgment, Deeds declaring the Uses.

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