I) E 
sot hurt the deed. But in fueh cafes it is policy to make 
a memorandum of it upon the back of the deed, and to 
give the witneff'es ifotice of it, (this is now ufually done 
in the atteftation of the deed thus Scaled and delivered, 
the word—being firfi interlined, &c.) For otherwife, if it 
be in any place material, as in the name of the grantor, 
grantee, in the limiting of the eftate, or the like, and 
it cannot be proved to be done before the fealing and de¬ 
livery of it, efpecially if it be a deed-poll, it is very fuf- 
picious. Co. Lit. 225. Perk. 125. Where an eftate cannot 
have its efience without a deed, there, if the deed is rafed 
in any material part, after the delivery, it makes the 
eftate void ; but if the eftate may have efience without a 
deed, then, notwithftanding it is created by deed, and 
that deed is rafed, it fhull not deftroy the eftate, but the 
deed. 1 Nelf. Abr. 625. 
When a chofe in adlion is created by deed, the deftruc- 
tion of fuch deed is the deftruftion of the duty itfelf; as 
in cafe of a bond, bill, &c. though it is not fo, where 
an eftate or intereft is created by a deed. o,Salk. 120. If 
a deed be fupprefled, on proof made that it came to the 
party’s hands, and of its contents, the perfon injured 
will have the fame benefit to hold the eftate, as if the 
deed could be produced, z Fern. 280. An indorfement on 
a deed, at the time of the fealing and delivery, is a part 
of the fame ; but if an indorfement be after the delivery, 
it is a new deed. Mod. Caf. 237. 
Deeds, if fraudulently made ; when got by corrupt 
agreement, as on ufurious contraft; and when made by 
force or durefs, &c. are void; fo they are for uncer¬ 
tainty, and by reafon of infancy, coverture, or other dif- 
ability in the makers, &c. 2 Rol. Abr. 28. A deed may 
be good in part, and void in part; or good againft one 
perfon, and void as to another : if all the parts of a deed 
may by law ftand together, no one part fhall make the 
whole void. And if a deed by any conftrwftion of law ■ 
be conftrued to have legal operation, the law will not 
make it utterly void, though it may not operate accord¬ 
ing to the purport of the deed : alfo the law will tranf- 
pole and marlhal claufes in deeds, to come at their true 
meaning ; but not to confound them. Where the words 
of a deed may have a double intendment, one ftanding 
with law, and the other contrary to it, the intendment 
that ftandeth with law (hall be taken. 1 Shep. Abr. 540. 
Deeds of bargain and fale are to be inrolled, by 27 
Hen. VIII. c. 16. A copy of a bargain and fale inrolled, 
lkall be as fufficient as the original deed, by 10 Anne, 
c. iS. But eftates in fee are now generally granted and 
conveyed by indentures of leafe and releafe. All deeds 
are to be regiftered in the counties of York and Middle- 
fex. 2 and 3 Anne , c. 4. 8 Geo. XI. c. 6. 23 Geo. II. c. 4. 
And it is much to be wilhed that regifters were univer- 
ially eftabliftied throughout the kingdom. 
It may here be curforily obferved, that of conveyances 
by the common law, fome may be called original, or pri¬ 
mary conveyances; which are fuch by means whereof the 
benefit or eftate is created, or firft arifes; others are deri¬ 
vative, or fecondary ; whereby the benefit or eftate, ori¬ 
ginally created, is enlarged, reftrained, transferred, or 
extinguilhed. Original conveyances are, 1. Feoffment; 
1. Gift; 3. Grant;- 4. Leafe; 5. Exchange; 6. Parti¬ 
tion. Derivative are, 7. Releafe; 8. Confirmation; 9. 
Surrender; 10. Aftignment; 11. Defeafance. 
There are four grounds for the expofition of deeds, 
1. That they may be beneficial to the taker. 2. That 
where the words may be employed to fome intent, they 
fhall never be void. 3. That the words be conftrued ac¬ 
cording to the intention of the parties, and not otherwife; 
and the intent of the parties fhall take effeft, if it may 
poffibly ftand with law. 4. That they are to be confo- 
naat to the rules of the law. And deeds fhall have a 
reafoliable expofition, without injury againft the grantor, 
to the greateft advantage of the grantee. They are to be 
expounded upon the whole, and if the fecond part con- 
ttsadi&s the firft, fuch fecond part fhall be void p but if 
Von, V. No. 303. 
E D. €57 
the latter part expounds or explains the former, which 
it may do, both pi' them fhall ftand. Plowd. 160. 
The firft deed of a perfon, and laft will, ftar.d in force. 
In deeds indented, all parties are eftopped, or concluded, 
to fay any thing againft what is contained in the deed. 
1 In/!. 45. And where a deed is by indenture between 
parties, none can have an action upon that deed, but he 
who is a party to it; but where it is a deed-poll, one may 
covenant with another who is not a party to it, to do cer¬ 
tain adts, for the non-performance whereof he may bring 
an aft ion. 2 Lev. 74. 
Where a man juftifies title under a deed, he is to pro¬ 
duce the deed: if a deed is alleged in pleading, it mu ft 
be fliewn to the court, that the court may judge of the 
validity of it, and whether there are fufficient words to 
make a good contract; and when it is fhewn to the court, 
the deed fhall remain in court all the term, in the hands 
of the cujlos brevinm ; but at the end of the term, it fliall 
be delivered to the party. If the deed is denied, it muft 
remain in court till the plea is determined. Wood, 233. 
A deed, fet forth with a prefert hie in curia, remains in 
court in judgment of law all that term; and any perfon 
may, during that term, have benefit by it, though he 
hath it not ready to fliew; the adverfe party may take 
a?iy advantage by the deed that it will afford him. 1 Ne/f. 
6 25. But now the deed is not actually brpught into 
court, but generally remains in the hands of the party’s 
attorney, who gives oyer and copy of it to the attorney 
of the other party, if demanded. 
Stealing of deeds, at common law, bond.s, bills, and 
notes, which concern mere chofes in adtion, were held 
not to be fuch goods whereof larceny might be com¬ 
mitted : but by 2 Geo. II. c. 23, they are put upon the 
fame footing, with refpedt to larcenies, as the money 
they were meant to fecure. 
The prefent exifting ftamp-duties on deeds are as fol¬ 
low : Any indenture, (except parifti indentures,) leafe* 
or deed-poll; and any charter-party releafe, contrafil, or 
other obligatory inftrument; or any procuration or letter 
of attorney ; for every fifteen common law flieets of fe- 
venty-two words each, 5 Will, and Mary, c. 21, fixpence; 
9 and 10 Will. III. c.25, fixpence; 12 Anne, e. 9, fix- 
pence; 30 Geo. II. c. 19, one fhilling; 16 Geo. III. c. 34, 
one fhilling; 17 Geo. III.c.50, one fhilling and fixpence ; 
23 Geo. III. c. 58, one (hilling; 35 Geo. III. c. 30, one 
fhilling ; 37 Geo. III. c. 90, three fallings ; 41 Geo. III. 
c. 10, three fhillings ; 41 Geo. III. c. 86, two (hillings ; 
total, fifteen fhillings. And moreover, by 37 Geo. III. 
c. hi, there fhall be paid upon every deed which fhall 
be made after Auguft 1, 1797, an additional ftamp duty 
of ten fhillings, over and above all duties now payable 
on the vellum or paper whereon fuch deed fliall be en- 
grolfed, (but this is upon the firft fkin only,) the provi- 
fions of this adt being as follow : This is not to extend 
to any bond or letter of attorney ; nor any deed what¬ 
ever, bearing date Auguft 1.797. Alfo it fliall not extend 
to any indenture of apprenticefhip, where a fum not ex¬ 
ceeding ten pounds fliall be given; nor to any leafe not 
exceeding twenty-one years, the full improved annual 
value whereof, and rent referved thereby, fhall not be 
more than ten pounds; nor to any leafe for lives, or 
years determinable on lives, where the fine fhall not ex¬ 
ceed twenty pounds, nor the rent referved forty fhillings. 
But by 39 and 40 Geo. III. c. 42, the above duties fhall 
extend to every deed which by law may form, or is in¬ 
tended to form, a part of any conveyance of lands or te¬ 
nements, whereby a greater intereft in the fame fhall be 
conveyed than a term of twenty-one years, whatever may 
be the value thereof; and any fuch deed as aforefaid, 
already executed, that is not fo damped, may be taken 
to the office, at any time within twelve months after 
July 9, 1800, to be (lamped upon payment of duty. Nor 
fhall any deed be fubjedt to the payment of £py greater 
duty than the fum before-mentioned, or to be damped 
on more than one fkin, with the additional damp ; or to 
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