the reasonable request and at the proper costs and charges of the said L. M. his heirs and assigns, produce and shew forth, or cause and procure to be produced and shewn forth in and to any court or courts of law or of equity, justice or judicature of record or otherwise within that part of Great Britain called England, or to or before any judge, jury, officer, or minister thereof, and also to the said L. M. his heirs or assigns, or his or their counsel, attorney, or agent, upon reasonable notice to be in that behalf given, a certain indenture bearing date the day of and made between the said E. F. and his wife (the daughter and heir of Esq.) of the 1st part, W. X and Y. Z. Gent. of the 2nd part, and Sir M. Y. Bart, and Y. M. Esq. of the 3rd part, together with the said recited contract for the redemption of the land-tax aforesaid, and permit and suffer the same to be made use of as occasion shall or may require, for the defence, manifestation, evidencing, and making out the right and title of him the said L. M. his heirs and assigns, in and to the mansion house, hereditaments, and premises hereby, or hereby intended to be granted and conveyed. IN WITNESS, &c. This covenant for production of the original settlement and contract is more full than usual. The words in italics I never met with before in any precedent, but they certainly are not improper to be introduced. BARGAIN AND SALE, or Lease for a Year, to vest the possession, to precede a release of Lands, &c. THIS INDENTURE, made the day of in the year of the reign, &c. and in the year of our Lord 18- BETWEEN A. B. of &c. of the one part, and C. D. of &c, of the other part, WITNESSETH that the said A. B. for and in consideration of the sum of five shillings of lawful money of Great Britain to him in hand paid by the said C. D. at or before the sealing and delivery of these presents, the receipt whereof is hereby acknow. ledged, HATH bargained and sold, and by these presents DOTH bargain and sell unto the said C. D. his executors, administrators, and assigns, ALL [here insert the parcels, or description of the premises, VERBATIM, from the release] AND the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; TO HAVE AND TO HOLD the said pieces or parcels of land, [or as the premises may be] hereditaments, and premises hereinbefore mentioned to be hereby bargained and sold, and every part and parcel thereof, with their and every of their appurtenances, unto the said C. D. his executors, administrators, and assigns, from the day next before the day of the date of these presents, for and during and unto the full end and term of one whole year from thence next ensuing, and fully to be complete and ended; YIELDING AND PAYING therefore unto the said A. B. his heirs or assigns, the rent of one pepper-corn on the last day of the said term if the same shall be lawfully demanded; To the intent and purpose that by virtue of these presents, and by force of the statute for transferring uses into possession; the said C. D. may be in the actual possession of all and Ꮓ singular the hereditaments and premises hereby bargained and sold with the appurtenances, and be thereby enabled to accept and take a grant and release of the reversion and inheritance thereof to him, his heirs, and assigns, To the only proper use and behoof of him the said C. D. his heirs and assigns for ever, for if it be a release of lands to a trustee to uses, &c. or to bar dower, say,-And be thereby enabled to accept and take a grant and release of the reversion and inheritance thereof to him, his heirs, and assigns, to and for and upon such uses, intents, and purposes, and in such manner and form as shall be expressed and declared in and by a certain indenture of release already prepared and intended to bear date the day next after the day of the date of these presents, and to be made between the said A. B. of the 1st part, the said C. D. of the 2nd part, and E. F. of &c. of the 3rd part.]. IN WITNESS, &c. ** Great care must be taken that the premises, in the bargain and sale, or lease for a year, be at least commensurate with those in the release, as the release is only of the right to or estate in the premises of which the releasee is in actual possession; and, consequently, no more can pass. See Watkins's Principles of Conveyancing, B. 2, c. 64 As it is absolutely necessary that the releasee should be in the actual possession of the premises previously to the date of the release, and as doubts have arisen whether an habendum "from the day of the date, &c." would include or exclude such day; it has been the custom to make the habendum from the day next before the day of the date, &c," as above; for, though the general rule of law is, that when computation is to be made from an act done, the day in which the act is done must be included, (because the law, unless to prevent mischief or inconvenience, admitting no fraction of a day, the act relates to the first moment of the day, and is considered as done then ;) yet, when the computation is to be from the day itself, the natural con struction of the words imports that the day must be exclu ded: thus, where a lease is made to commence from the day of the date, the day is excluded, and it begins the next 'day; but if it be to commence from the making, the day is included. See Kyd, on Bills of Exchange, c. 1. the Bargain and Sale of Negroes in Antigua from a THIS (Settled by an eminent Conveyancer.) indenture, made the day of in year of the reign of our sovereign lord George the Third, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, and in the year of our Lord - Between J. D. late of the island of Antigua, in the West Indies, but now of in the county of in the kingdom of Great Britain, Esq. and F. his wife, of the one part, and S. B. of the said island of Antigua, Esq. of the other part, witnesseth, That as well for and in consideration of the sum This deed must be acknowledged before a judge of the Common Pleas, then before a master in Chancery, and after. wards inrolled in the court of Chancery. of ten shillings of lawful money of Great Britain paid by the said S. B. to the said J. D. and F. his wife, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, as also for divers other good causes and considerations, they the said J. D. and F. his wife Have, and each of them Hath granted, bargained, sold, released, and confirmed, and by these presents Do, and each of them Doth grant, bargain, sell, release, and confirm unto the said S. B. (in his actual possession and seisin, now being by virtue of a bargain and sale to him thereof made by the said J. D. and F. his wife, for the term of one year, in consideration of five shillings, by indenture bearing date the day next before the day of the date of these presents, and executed before the execution hereof, and by force of the statute made for transferring uses into possession,) and to his heirs and assigns, All those several negro slaves, both male and female, and their issue, being part of the estate and inheritance of them the said J. D. and F. his wife, in right of her the said F. within the said island of Antigua, by whatsoever name or names they or any or either of them shall or may be called or described, with their and every of their issues and appurtenances, and all the estate, right, title, interest, use, trust, property, profit, claim, and demand whatsoever of them the said J. D. and F. his wife, or either of them, of, in, or unto the aforesaid negro slaves and premises, or any of them, To have and to hold the aforesaid negro slaves and premises, with their issues and appurtenances, to the said S. B. his heirs and assigns: In trust nevertheless, to and for the sole and only proper use and behoof of him the said J. D. his heirs and assigns for ever: And the said J. D for himself and for the said F. his wife, and for his heirs, exccutors, and administrators, doth hereby covenant, |