eftates, viz. by feoffment, is fully fupplied. The leafe for a year muft have the words bargain and fale for money, and 5. or any other fum, although never paid, will be a good? confideration, whereupon the bargainee for a year is immediately in poffeffion without actual entry: But if only the words demife, grant and farm let are ufed, the leffee cannot accept of a release of the inheritance until he hath actually entered and is in poffeffion.

If a deed of conveyance express a confideration of money, upon a purchase, this is no proof upon the trial, that the money expreffed was really paid; but proof must be made of it by witnesses. 1. Styl. Rep. 462, 2. Williams Rep. 295. Wherefore it seems highly neceffary that the witneffes to the receipt on the back of the deed, fhould have written before they come to fubfcribe, to this purpose, viz. (witnesses to the payment of the money) in cafe they actually faw the money. See the receipt under title Releafe.

A Leafe for a Year, whereon to ground a Release.

THE

day of

HIS indenture made the in the year of our Lord between A. B. of, &c. of the one part, and C. D of, &c. of the other part, witneffeth,

That the faid A. B. for and in confideration of the fum of one dollar, to him in hand paid by the faid C. D. at or be fore the fealing and delivery of thefe prefents, the receipt. whereof is hereby acknowledged, hath granted, bargained and fold, and by thefe prefents doth grant, bargain and fell unto the faid C. D. his executors, adminiftrators and affigns, All that meffuage, &c. (here mention the premises that are to be fold) and the reverfion and reverfions, remainder and remainders, rents, iffues and profits of all and fingular the faid premifes, and every part and parcel thereof, with the appurte nances: To have and to hold the faid meffuage, &c. lands, hereditaments and premises above granted, bargained and fold, and every part and parcel thereof, with the appurtenances, unto the faid C. D. his executors, adminiftrators and affigns, from the day before the day of the date hereof, for and dur ing, and until the full end and term of one whole year from thenceforth next enfuing, and fully to be complete and ended; yielding and paying therefor one pepper-corn, at or

upon the

day of next enfuing the date hereof, if the fame fhall be lawfully demanded: To the intent, that by virtue of thefe prefents, and by force of the ftatute made for transferring of ufes into poffeffion, he the faid C. D. may be in actual poffeffion of all and fingular the faid premifes above bargained and fold, with the appurtenances, and be ..thereby enabled to take and accept of a grant or release of the reverfion and inheritance thereof to him and his heirs, to the only proper ufe and behoof of the faid C. D. his heirs and affigns forever. [If the release be to trustees, to uses, fay, and be thereby enabled to take and accept of a grant and release of the reverfion and inheritance thereof, to them and their heirs, to, for and upon fuch ufes, intents and purposes, as in and by the faid grant or releafe fhall be thereof directed or declared.] In witness, &c.

T

A Releafe of an Estate.

HIS indenture made, &c. between A. E. of, &c. of the one part, and C. D. of, &c. of the other part, witneeth, That the faid A. E. for and in confideration of the fum of to him the faid A. E. in hand well and truly paid, at or before the fealing and delivery of these presents, the receipt whereof he the faid A. E. doth hereby acknowledge, and thereof and therefrom, and from every part and parcel thereof doth acquit, releafe, exonerate, and forever difcharge the faid C. D. his heirs, executors and adminiftrators, and every of them by thefe prefents, hath granted, bargained, aliened, releafed and confirmed, and by thefe prefents doth grant, bargain, fell, alien, releafe and confirm unto the faid C. D. (in his actual poffeffion now being, by virtue of a bargain and fale to him thereof made for one whole year, by indenture, bearing date the day next before the day of the date of thefe prefents, and by force of the ftatute made for the transferring of ufes into poffeffion) and to his heirs and affigns, All that meffuage, &c. together with all houses, outhoufes, edifices, buildings, orchards, gardens, lands, meadows, commons, paftures, and common of pasture, feeding, woods, under woods, ways, paths, waters, water courfes, easements, profits, commodities, advantages, emoluments and hereditaments whatfoever, to the faid meffuage, &c. belonging,

or in any wife appertaining, or which to and with the fame now are, or at any times heretofore have been held, ufed, occupied, accepted, reputed, taken or known, as part, parcel or member thereof, or of any part thereof; and the reversion and reverfions, remainder and remainders, rents, iffues and profits of all and fingular the faid premifes, and every part and parcel thereof, with the appurtenances; and alfo all the eftate, right, title, intereft, property, claim and demand whatsoever in law or equity of the faid A. E. of, in and to all and fingu lar the faid premifes abovementioned, and of, in and to every part and parsel thereof, with the appurtenances; and alfo all deeds, evidences and writings, touching or concerning the faid premises only, or only any part thereof, together with true copies of all other deeds, evidences and writings, which do concern the faid premises, or any part thereof, jointly with any other lands or tenements, now in the custody or poffef. fion of him the faid A. E. or which he can or may get or come by without fuit in law or equity; the fame copies to be made, taken and written at the proper cofts and charges of the faid C. D. his heirs and affigns;; To have and to hold all and fingular the faid mefluages or tenements, lands, hereditaments and premises above, in and by these prefents released and confirmed, and every part and parcel thereof, with the appurtenances, unto the faid C. D. bis heirs or affigns, to the only proper use and behoof of the faid C. D. his heirs and affigns forever, and to and for no other ufe, intent or purpose whatsoever: And the faid A. E. for himself, his heirs, executors and adminiftrators, deth covenant, grant, promise and agree, to and with the faid C. D. his heirs and affigns, that he the faid A. E.. now is the true, lawful and rightful owner: of all and fingular the faid meffuage, &c. hereditaments and, premifes above mentioned, and of every part and parcel thereof, with the appurtenances: And alfo that he the faid A. E.. at the time of the fealing and delivery of thefe prefents, is lawfully and rightfully feized in his own right, of a good,. fure, perfect, abfolute and indefeafible eftate of inheritance. in fee fimple, of and in all and fingular the faid premifes abovementioned, with the appurtenances, without any manner of condition, mortgage, limitation of ufe or ufes, or other matter, caufe or thing whatfoever, to alter, change, charge, or determine the fame: And alfo that the faid A. E. hath good right, full power and fufficient authority in the law to

grant, releafe, convey and confirm all and fingular the faid meffuage, &c. hereditaments and premises above granted and released, with the appurtenances, unto the faid C. D. his heirs and affigns, to the only proper ufe and behoof of the faid C. D. his heirs and affigns forever, according to the true intent and meaning of thefe prefents: And alfo that he the faid C. D. his heirs and affigns, fhall and may at all times. forever hereafter, peaceably and quietly have, hold, occupy, poffefs and enjoy all and fingular the faid meffuage, &c. hereditaments and premises aforefaid, with the appurtenances, and every part and parcel thereof, without the lawful let, fuit, trouble, hindrance, moleftation, interruption, eviction or dif turbance of him the faid A, E. his heirs or affigns, or of any other perfon or perfons lawfully claiming or to claim, by, from or under him, them or any them: And that freed and difcharged, or otherwife well and fufficiently faved, kept harmlefs, indemnified of, from and against all former and other gifts, grants, leafes, mortgages, jointures, dowers, ufes, wills, entails, fines, poft fines, iffires, amerciaments, feizures, bonds, annuities, writings obligatory, ftatutes. merchant, and of the ftaple, recognizances, extents, judgments, executions, rents, and arrearages of rent, and of and from all other charges, eftates, right, titles, troubles and incumbrances whatsoever, had, made, committed, done or fuffered, or to be had, made, committed, done or fuffered by the faid A. E. or his heirs, or any other perfon or perfons lawfully claiming or to claim, by, from or under him, them, or any of them. And further, that he the faid A. E. his heirs and all and every other per fon or perfons, and his and their heirs, having or lawfully claiming any eftate, right, title, or intereft, of, in or to the faid premifes above, in and by thefe prefents releafed and confirmed, or any part thereof, by, from or under him, them, or any of them, fhall and will from time to time, and at all times bereafter, upon the reasonable request, and at the prop er cofts and charges in the law of the faid C. D. his heirs or affigns, make, do, feal and execute, or caufe or procure to be made, done, fealed and executed, all and every fuch further and other lawful and reasonable act and acts, thing and things, device and devices, conveyance and conveyances, affurance and affurances in the law whatfoever, for the further, better and more perfect granting, conveying, releafing, confirming and affuring of all and fingular the premises aforefaid, with

the appurtenances, and every part and parcel thereof, unto the faid C. D. his heirs and affigns, to the only proper ufe and behoof of the faid C. D. his heirs and affigns forever, as aforefaid, as by the faid C. D. his heirs or affigns, or his or their counsel learned in the law, fhall be reasonably advif ed; devised and required. And lastly, it is covenanted, granted, concluded and agreed upon, by and between the faid parties to thefe prefents, and the true intent and meaning hereof alfo is, and it is hereby declared fo to be, that all and every fine and fines, recovery and recoveries, affurance and affurances, conveyance and conveyances in the law what foever, already had, made, levied, fuffered, executed and acknowledged, or at any time hereafter to be had, made, levied, fuffered, executed and acknowledged by or between the said parties to thefe prefents, or either of them, or by or between the heirs or affigns of the faid parties, or either of them, or any other perfon or perfons whatfoever, of the faid prem-. ifes above releafed and confirmed, as aforefaid, with the ap purtenances, or any part thereof, either alone or by itfelf, or jointly with any other lands, tenements or hereditaments,. fhall be and enure, and shall be adjudged, deemed and taken to be and enure, as for and concerning all and fingular the faid premises, above mentioned, with the appurtenances, to and for the only proper ufe and behoof of the faid C. D. his heirs and affigns forever, according to the true intent and meaning of thefe prefents, and to and for no other ufe, intent or purpose whatfoever. In witness, Sc.

OF LETTERS AND WARRANTS OF ATTORNEY.

A

LETTER of attorney is an inftrument in writing authorifing an attorney to do fome lawful act instead of another. As, to give seizin of lands, receive debts, or fue a third perfon, &c. Jacob's Dict. Thefe inftruments commit the whole power of the making thereof to the attorney, to accomplish the act intended to be