der to the use of his will; as this is considered to overreach his seisin at his death.

The leading operation of the proposed alteration is an act of justice. A secondary, though far from inconsiderable effect will be, to render need. less all the complicated and expensive forms, now practised, to prevent dower from attaching the instant the land is acquired: as described at large in Part I., Tit. 4., chap. iii., sect. 1 and 3, and to enable a purchaser to take, and again to aliene his own absolute property, by a simple conveyance. The contrast between this and the present modes of conveyance, by appointment, and lease and release; or by fine, with a declaration of use, will best appear by the forms No. 1. in the Appendix.

An exact precedent for the distinction between the event of the husband leaving issue, or not, may be found in our present law for the distribution of an intestate's personalty; which allows the wife to take only one-third part, while sharing with the husband's issue; but a moiety in conjunction with his collateral kindred.

Art. 21, 22, It will be observed that, instead of dividing the land, I give throughout an equivalent in its profits. I have shewn myself ever averse to divided interests in land; but, when compelled to it, I prefer leaving the land in the hands of the persons most interested in its good management; and this maxim has guided me in framing these

two articles. I appeal to every practised person as to the mischiefs which land sustained from a divided ownership. In the instance of a wife dying before her husband, leaving issue, which afterwards becomes extinct, there may appear too frequent a change of temporary ownership, by the possession passing from the husband to the lineal heir, and then returning. But this could not be arranged otherwise without some violation of principle; and, in fact, the possession will probably continue with the husband on behalf of the issue.

Art. 24 supersedes the necessity of trustees for protecting the wife in what she actually enjoys at present in equity in her own name, and might do equally so at law, by rendering her a feme sole as to her separate rights.

Art. 25 is levelled at our present equitable doctrine of implied satisfaction. Its numerous distinctions, and nice refinements, produce the certain evil of a large mass of active law; while the balancing of contradictory expressions and equivocal facts, often renders it questionable whether the intention be not rather defeated than aided by the application of the rule. In short, it deserves serious consideration whether the law had not better be restored to its ancient limit of express condition, with the sole exception of double portions to children, which stand upon a distinct ground. Art. 26 has a threefold advantage. It super

sedes the circuitous and expensive process of a fine, now necessary wherever a disposition is intended of the wife's lands not settled to her separate disposal. It renders needless all such settlements in future, with the power and consequent appointment, whereby the object is at present effected; and thus greatly diminishes this highly technical mode of disposition; which, in principle, is applicable only where a person, not being an owner, disposes of an interest in the property of another. And, lastly, it gives uniformity to every description of disposition by married women, and places a guard, which is now wanting, against their feebleness, where their power of appointment is exercisable by deed.

For this alteration, precedents, were they needed, are to be found, both in the existing mode of transferring copyholds on the part of married women, by surrender, with a private examination; and in the right to convey freehold by deed, which is given to them, or their husbands on their behalf, by most of our local acts. In a recent instance, too, of a public nature, married women, being insolvent debtors, are authorized by 3 Geo. IV. c. 123. s. 12. to convey their real property by mere deed to the provisional assignee. The partial amendments, however, which are constantly taking place of a bad law, in every case of convenience or commiseration, are forming fast, in their number

and variety, a grievance equal to that which they are meant to remedy.

The advantages in point of simplicity, and consequent brevity, of title, to be derived from the direct operations of arts. 22, 24, 26, are in themselves very considerable.

TITLE IV.

OF ALIENATION BY DEED OR WILL.

27.

ALL persons aged twenty-one years or more, and not under any mental or criminal incapacity, may aliene their lands, or any interest therein, whether immediate or future, certain, or contingent; or may charge the same, either by deed or will; subject to the regulations hereafter imposed; and also subject, as to any alienation on the part of wives, by deed, to the regulations in Art. 26.

CHAP. I.-Regulations peculiar to Deeds.

Sect. 1.-Of the Formalities attendant on Deeds.

28.

Every deed shall be written in words at length, either on parchment, or vellum, or paper, and shall be signed at the foot of it by each contracting and consenting party, with his christian and surname, after his usual manner of writing the same; or, where a party is unable, from any cause, to write, then with his mark, against which the

Q