RELEASE.

Claims.

No. CCCCL.

A general Release of Claims (1).

TO ALL TO WHOM THESE PRESENTS SHALL COME, I (the releasor) of, &c. send greeting. WHEREAS, &c. (2). Now KNOW YE, that I the said (releasor) have remised, released, and for ever quitted claim, and by these presents Do, for myself, my heirs, executors and administrators, remise, release, and for ever quit claim unto the said (releasee), his heirs, executors and administrators, ALL and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, and other specialties, covenants, contracts, agreements, promises, vari

(1) See ante, p. 630, n. (1).

(2) Recite here the transactions which have occasioned the necessity

of the release.

It is extremely proper that the release of claims should recite the subject-matter of the release, lest, according to the rule of law that deeds should be construed most strongly against the grantor, the general words contained in the operative part of the release should be considered to operate as a release of matters not intended to be comprised in it. And see Thorpe v. Thorpe, 1 Ld. Raym. 235. 662. But a particular recital in a deed will control the general words; they are to be cautiously worded, Payler v. Homersham, 4 Maul. and Sel. 423; Oliver v. Daniel, cited 1 Mer. 500.

If the parties have been traders together or any accounts have sub. sisted between them, say,

"WHEREAS Sundry accounts, current and otherwise, and divers dealings in trade have been subsisting and depending for some time past between me the said (releasor) and (the releasee) of, &c. AND WHEREAS We have now balanced and adjusted our said accounts, and in order to prevent any future disputes arising concerning the same we have agreed to execute and give mutual and reciprocal releases to each other. Now KNOW YE that," &c. as above.

ances, controversies, judgments, extents, executions, claims and demands whatsoever, both at law and in equity, which I the said (releasor) now have or at any time heretofore had against the said (releasee) for or by reason or in respect of or in anywise relating to the matters and things hereinbefore mentioned or referred to (1), from the beginning of the world to the day of the date of these presents (2). IN WITNESS, &c.

RELEASE.

Claims.

(1) For the reasons mentioned in the preceding note, and as a general release in the common form will discharge the release of all actions in respect of any thing that has happened before the date of the release, care should be taken to refer, in the most explicit and pointed manner, to the subject of the release, in order that it may not be construed to extend to any other transaction between the parties. And see Scott v. Lifford, 1 Campb. 249.

(2) A general release of all actions, &c. from the beginning of the world to the day of the date of the release, will not include any cause of action arising upon the day on which the release is dated, for that day is not included; Dixon v. Terry, 4 Mod. 182; and vide also Nicholls v. Ramsel, 2 Mod. 280, Anon. 12 ib. 401.

Release should refer only to the subject in dispute.

Day of the date

not included in

the release.

See as to the proper stamp, post. "STAMP" Schedule.

Stamp,

Parties.

WITNESS.

The covenantee releases.

BETWEEN

year of the reign, &c. and in the year of our Lord, 18
(the releasor) of, &c. of the one part, and (the releasee) of, &c. of
the other part. WHEREAS, &c. (2). Now THIS INDENTURE
WITNESSETH, that in pursuance and performance of the said agree-
ment, HE the said (releasor) HATH remised, released, and for
ever quitted claim, and by these presents DOTH for himself, his
heirs, executors, and administrators, remise, release, and for ever
quit claim unto the said (releasee), his heirs, executors, administra-
tors, and assigns, and doth fully and absolutely exonerate and dis-
charge him, them, and every of them, of, from, and against ALL (3)

Release of a

covenant must be by deed.

Recitals.

Deed of covenant.

(1) The release of a covenant is in effect the release of a right of action, and being the discharge of a contract under seal, it must be by deed. See post. 681, n. (1). And see Cordevent v. Hunt, 2 Moore, 660. A release of this kind is in many cases proper, where the covenantor has bound himself and his representatives to the performance of a thing which has intermediately become unnecessary, as a covenant by a husband to levy a fine to bar the wife's dower, who afterwards dies; or the like.

(2) Recite here the covenant which it is intended to release, and the cause which has rendered its performance unnecessary.

(3) If the release be of a deed of covenant, say,

"All that the said hereinbefore in part recited indenture of the and all and singular the covenants, pro

day of

visoes, and agreements therein contained, for the levying or ac

that the said covenant, promise, and agreement, in the said herein-
before in part recited indenture of the
day of
contained
or expressed for the levying or acknowledging any fine or fines, &c.
[as the case may be], and all benefit and advantage to be had or
taken of from or by means of the same; and also of, from, and
against all and all manner of action and actions, suit and suits, cause
and causes of action and suit, and claims and demands whatso-
ever, which the said (releasor), his heirs, executors, administrators,
or assigns, can or may have, claim or demand, or if these presents
had not been made, could or might have had, claimed, demanded,
or been entitled unto, upon, from, or against the said (releasee), his
heirs, executors, administrators, or assigns, or his or their lands, te-
nements, goods, chattels, or effects, by reason or on account of the
same, or the breach or non-performance thereof, or otherwise howso-
ever in relation thereto; so and in such manner as that he the said
(releasor), his heirs, executors, administrators, and assigns, and all
and every other person or persons claiming or to claim any estate,
right, title, or interest, from, through, under, or in trust for him,
them, or any or either of them, shall not, nor can, nor may, take,
have, or derive any advantage, or otherwise avail himself or them-
selves of the same in any manner howsoever. AND the said (re-
leasor) doth hereby for himself, his heirs, executors, and administra-
tors, covenant, promise, and agree with and to the said (releasee),
his heirs, executors, administrators, and assigns, that he the said
(releasor), his heirs, executors, administrators, and assigns, shall
and will, from time to time, and at all times hereafter, upon every
reasonable request, and at the proper cost and expence of the said
(releasee), his heirs, executors, administrators, or assigns, make, do,
execute, and perfect, or cause and procure to be made, done, exe-
cuted, and perfected, all and every such further and other lawful and
reasonable acts, deeds, matters and things whatsoever, for the fur-
ther, better, more perfectly and absolutely or satisfactorily remising,
releasing, exonerating, and discharging the said (releasee), his heirs,
executors, administrators, and assigns, of, from, and against the said
covenant, promise, and agreement, and also of, from, and against

knowledging any fine or fines, [as the case may be,] and all and every other the covenants, provisoes, stipulations, declarations, and agreements therein contained on the part of the said (releasee), his heirs, executors, or administrators, to be performed or observed."

SUP.-VOL. III.

X X

RELEASE.

Covenant.

all claims and demands of him the said (releasor), his heirs, executors, administrators, or assigns, for or in respect thereof, or otherwise howsoever in relation thereto, as by him the said (releasee), his heirs, executors, administrators, or assigns, or his or their counsel in the law, shall be reasonably advised and required. IN WITNESS, &c.

Stamp.

As to the stamp, see post. " STAMP", Schedule.