ADDENDA.

Page 77.—With respect to the effect in actions of ejectment of the extinguishment of terms by the Act, see Doe d. Cadwalader v. Price, 16 M. & W. 603; Doe d. Hall v. Moulsdale, Id. 689.

INTRODUCTION.

work.

THE object of the First Edition of the present object of the Work was to take the opportunity, suggested by the "Act to simplify the Transfer of Property (a)," of submitting to the Profession some Precedents of Assurances, of more concise form and language than those in ordinary use. Not that the Act necessitated any considerable change in the forms of assurances, but because it seemed desirable to follow up the proceeding of the Legislature with such assistance as the Profession could of itself afford; and it appeared to the Author, that, as the compiler and editor of a Collection of Precedents, which had been marked by the approbation of the most eminent conveyancing counsel, he might, without impropriety, take upon himself the office of endeavouring to simplify the forms hitherto in use for the transfer of Property. The attempt was very favourably received by the Profession; but

(a) 7 & 8 Vict. c. 76, infra, p. 10.

B

the Act to which the first edition of the work had reference having been repealed, and a new statute passed in lieu of the repealed act (a), it became necessary, in the second edition, to remodel some of the Precedents, and to make alterations in the greater number of them; and also to introduce the new Act, with a few notes and observations upon its enactments. The present edition has been revised throughout, and some remarks added, particularly on the Act for the Cesser of Attendant Terms.

The work contains no experimental or fanciful Precedents, and is confined wholly to the object of simplifying the Forms in common use, and retrenching their redundant expressions. It is believed, that nearly every Precedent in the book will (when the parcels are of moderate length) be contained in a single skin, and that hardly any will exceed two; but it must at the same time be borne in mind, that (except in those cases in which

(a) The reasons for the repeal of the first, and for the provisions of the second Act, will be found very clearly and happily expressed in a letter, addressed by Mr. Bellenden Ker to the Lord Chancellor, and which Mr. Ker kindly allowed the Author to publish in the present work; see infra, p. 10. The reader will, no doubt, concur with the Author in thanking Mr. Ker for the permission.

the new Act has authorised an alteration) the Precedents differ in no material respect from those which have been long and constantly used by the Profession (a).

from the old

The principal points in which the Prece- Departure dents in this Collection differ from the old Forms. Forms are as follows:

The Reference to a Lease for a Year, or to the Statute dispensing with a Lease for a Year, and the Limitations to Trustees to preserve Contingent Remainders, are omitted. These changes depend on the new Act, Sects. 2 and 8; they are not compulsory, but will, from their convenience, be generally adopted.

All Unnecessary Recitals have been dispensed with: thus, in a simple conveyance or mortgage, or settlement by a person seised in fee, the recitals of his seisin and of the contract have been omitted, and the operative part immediately follows the parties.

The statement of a Nominal Consideration has also been omitted. It was originally introduced to render a conveyance of freehold

(a) In the Appendix will be found two Acts which were introduced by Lord Brougham, and passed into laws. It is doubtful whether the theory upon which these Acts are framed can by any degree of skill be made available for practical purposes to any important extent.