119. Form of a Deed of Conveyance.-A deed to effect the conveyance of land may be as follows:—

This indenture made the first day of February, 1870, between William Sharp, of Fleet Street, in the City of London, of the one part, and John Brown, of Plaistow, in the County of Essex, of the other part, witnesseth that in consideration of £1,000 to the said William Sharp this day paid by the said John Brown, for the purchase of the fee simple of the hereditament intended to be hereby granted (the receipt whereof the said William Sharp doth hereby acknowledge), he, the said William Sharp, doth hereby GRANT unto the said John Brown, his heirs, and assigns, all that piece or parcel of meadow land and hereditaments, situated in the parish of Plaistow, in the County of Essex, delineated in the plan in the margin of these presents, and specified in the schedule hereunder written (120), together with all buildings, fixtures, rights, easements (19), advantages, and appurtenances whatsoever, to the said hereditaments appertaining, or with the same held or enjoyed, or reputed as part thereof, or appurtenant thereto, AND all the estate, term of years, charge in respect of redeemed land-tax or otherwise, interest and claim whatsoever of the said William Sharp, in, out of, or upon, the said premises TO HOLD the said premises UNTO the said John Brown, his heirs, and assigns, To THE USE of the said John Brown, his heirs, and assigns. AND THE SAID William Sharp doth hereby for himself, his heirs, executors, and administrators, covenant with the said John Brown, his heirs, and assigns, that notwithstanding anything by the said William Sharp or any of his ancestors done, or knowingly suffered, by the said William Sharp, now has power to grant and release all the said premises to the use of the said John Brown, his heirs, and assigns, free from incumbrances; AND that all the said premises may be quietly entered into by the said John Brown, his heirs, and assigns, without any interruption by the said William Sharp, or any person claiming through, or in trust for him, or any of his ancestors, will at all times at the cost of the said John Brown, his heirs, or assigns, execute and do all such assurances and things for further or better assuring all or any of the said premises to the use of the said John Brown, his heirs, and assigns, as by him or them shall be reasonably required. In witness whereof, the abovenamed parties have set their hands and seals the day and year above written. WILLIAM SHARP. JOHN BROWN.

Signed, sealed, and delivered in the presence of

THOMAS SMART, Solicitor.

SAMUEL SHORTER, his Clerk.

120. Schedule and Receipt.-The schedule referred to in a deed of conveyance should be a categorical statement of all detailed particulars of the property, according to the circumstances or peculiarities of each case; and a purchase-deed should have endorsed at the back of it a separate receipt for the purchase-money.

121. Disqualification of Parties.-The parties to a deed of conveyance are subject to the like disqualifications as those to a lease ; as set forth under the head of leases (1220).

DEED OF INDEMNITY.

122. When there is any reason for uncertainty as to the title

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or power of a vendor, the purchaser should insist upon a deed of indemnity for at least double the amount of the purchase-money, as follows:

Know all men by these presents, that I, William Sharp, of Fleet Street, in the City of London, am bound unto John Brown, of Plaistow, in the County of Essex, in the sum of £2,000, to be paid to the said John Brown, or to his certain attorney, executors, administrators, or assigns, FOR WHICH PAYMENT I bind myself, my heirs, executors, and administrators, and every of them, by these presents sealed with my seal. Dated this first day of February, 1870. Whereas, by an indenture bearing even date with the above-written bond; and expressed to be made between the said William Sharp and John Brown in pursuance of a contract for sale therein recited, a certain piece or parcel of meadow land, situated at Plaistow, in the County of Essex, and specified in the schedule to the same indenture, with the appurtenances have been granted by the said William Sharp unto the said John Brown, his heirs, and assigns, AND WHEREAS, on the treaty for the said sale certain covenants were entered into by the said William Sharp, of assurance to the said John Brown. NOW THE CONDITION of the above-written bond is, that if no claim, action, or suit be commenced or taken at law or in equity against the said John Brown for lack of such assurance of or for nonfulfilment of any of the said covenants of the said William Sharp previously to the first day of February 1880, or if the said William Sharp, his heirs, executors, or administrators, or any of them, shall keep indemnified the said John Brown, his heirs, and assigns, from any consequence of any such claim, action, or suit commenced before the said first day of February 1880, THEN AND IN EITHER OF THE SAID CASES the abovewritten bond shall be void, otherwise the same shall remain in full force.

STAMP DUTY.

123. Purchase deeds are subject to a stamp duty of one-half per cent. upon the value of the property; that is, ten shillings upon every hundred pounds, and a further progressive duty of ten shillings for every 1080 words which the deed may contain over and above the first 1080, which is the number of words allowed for an ordinary deed.

124. Mode of Calculating.-The stamp duty charged upon an ordinary deed of conveyance is calculated as follows:--~

And 55. for every additional £50 or fraction thereof.

Intermediate amounts are not taken into account.

TRANSFER ABSOLUTE.

125. The sale and purchase of land in fee simple absolutely transfers for ever the heirship from the vendor's heirs to the purchaser's heirs; that is,

126. Purchaser's Kindred.-The remotest kindred of the purchaser have a prior right to the nearest kindred of the vendor, before whom the Crown has a prior claim; but,

127. Power as against Kindred. The purchaser of land in fee simple has the unfettered right of selling, bequeathing, or settling (") the land as he pleases; and

128. Devisee equal to Purchaser.-A devisee under a will has the same power over land devised to him as if he had been the purchaser.

LAW OF DESCENT.

129. Formerly, the rule of heirship was that descent should be traced from the last possessor; but,

130. New Interpretation of Descent.-The present law is that descent shall be traced from the last purchaser who did not inherit ; hence,

131. If an inheritor of an estate which has at any time been sold, die intestate, and childless, the heir to be sought for is not the heir of such last possessor, but the heir of the person from whom such last owner inherited, and so on, till the heir of the last purchaser (119) be found; thus,

132. Effect of Sale upon Descent.-To sell or bequeath land alters the whole character of the descent, for all time afterwards.

PRECEDENCE OF MALES.

133. In tracing heirship to land, the rule is that males and their descendants take precedence, to the entire exclusion of females of equal degree of consanguinity (b); and

PRIMOGENITURE.

134. Precedence of Eldest Male.-When there are two or more males, of equal degree of consanguinity, the eldest takes precedence to the exclusion of all the others, which is called primogeniture.

135. Feudal Origin of Male Descent.-The feudal origin of male descent and primogeniture cannot be disputed. When land was almost invariably held of the Crown by military tenure, it was of great importance that preference should be given to males, who

(a) See "Settlements."

(P) See "Executors and Administrators."

could themselves take an active part in warfare, and concentration of property upon eldest sons was calculated to consolidate the power of the Crown, and to render its control more simple and easy; but,

136. English Law of Primogeniture peculiar to England.-Male descent and primogeniture, involving the total exclusion of daughters and younger sons, appears to have survived in England longer than in any other country, as in most other countries of Europe some portion of the inheritance, or some charge upon it, is, in many cases at least, secured by law to the younger sons.

RIGHTS OF AN ONLY DAUGHTER.

137. When a possessor of land dies intestate, leaving no sons nor descendants of sons, then his daughter takes all, if she is the only child; but,

138. Contrary Rule as to Several Daughters.—If an intestate landholder leaves no son, and two or more daughters, the eldest has no preference: they take equally, regardless of age.

COPARCENERS.

139. When two or more daughters inherit, they are called coparceners, as having equal claims and rights.

140. Joint Agreement to Hold.—It is frequently the better way for coparceners to allow their property to remain undivided, they taking equal proportions of the rents as they fall in; but,

141. Joint Agreement to Sell.-Under any circumstances, coparceners may agree to sell their property and equally divide the nett proceeds; or,

142. Joint Agreement to Divide.-Two or several coparceners may agree upon a partition of the property, if it is possible to accomplish it; and

143. Partition, the Right of any One Coparcener.-Any one coparcener is entitled to insist upon a division of the property in opposition to the wishes of her sisters; and

144. Partition by Compulsion.-Upon application to the Court of Chancery, a deed of partition may be enforced by any coparcener who is otherwise unable to accomplish a division; and

145. Sale by Compulsion.-When a division of the property of coparceners is impossible, the Court of Chancery, upon application of any one of the parties, has power to order a sale of the property and to enforce a division of the proceeds.

146. Severalty and Entirety.-When partition of the property of coparceners has been effected, the lands allotted are said to be

held in severalty, and each owner is said to have the entirety of her own parcel.

147. Married Coparceners.-When a coparcener is married, she is liable to the same law as if she were possessed of an undivided inheritance (*).

PRECEDENCE OF HEIRS DIRECT AS AGAINST

COLLATERALS.

148. Whether the heirship of a landed estate devolves upon an only son, or upon the eldest of several sons, or upon the daughters as coparceners, their descendants, in case of their respective deaths or survivorships, take in the same order as their respective parents would have taken, had they remained alive, to the exclusion of all other branches; thus,

149. If an eldest son dies before his father, and leaves a granddaughter, his only surviving descendant, that grand-daughter, though only a day old, or though unborn, is sole heiress-at-law to any intestate estate of the said eldest son's father, to the entire exclusion of all her uncles, aunts, and their descendants, however numerous they may be, and whether male or female.

GAVELKIND.

150. The tenure of gavelkind, or, as it is called in legal phrase, "socage tenure subject to the custom of gavelkind," prevails in the county of Kent.

151. Predominant in Kent.—All estates in fee simple, within the county of Kent, are presumed, in law, to be subject to the custom of gavelkind, until the contrary is shown.

152. Operation of Gavelkind. The peculiarity of gavelkind land is that, in case of intestacy, it descends, not to the eldest son, but to all the sons equally, and, if there be no sons or daughters then to all the brothers equally, and so on, to the exclusion of the law of primogeniture.

BOROUGH-ENGLISH.

153. In some very rare instances, the custom of borough-English prevails, in a few cities and ancient boroughs.

154. Precedence of Youngest Sons and Brothers.-An estate in borough-English descends to the youngest son, and to the youngest sons of youngest sons, and, where there are no sons or daughters then to the youngest brother, to the exclusion of the elder sons and brothers.

(a) See" Husband and Wife."