importance, so far as the investigation of antient titles to land, and the history of the law in general is concerned, it will be necessary here to examine, individually and in detail, the whole that have just been enumerated. And we will begin with—

I. A Feoffment to Uses (1). This is the ordinary conveyance of the common law, of which the nature was explained in the last chapter, but with a limitation to uses superadded (m). Thus if A. be desirous to convey to B. in fee, he may do so by enfeoffing a third person, C. (of course with livery of seisin), to hold to him and his heirs to the use of B. and his heirs; the effect of which will be to convey the legal estate in fee simple to B. For the legal estate passes to the feoffee by means of the livery, in like manner as it would have done before the statute; but no sooner has this taken place, than the limitation to uses begins to operate, and C. thereby becomes seised to the use defined or limited; the consequence of which is, that, by force of the statute, the legal estate is eo instanti taken out of him, and vests in B., for the like interest as was limited in the use, that is, in fee simple. B. thus becomes the legal tenant as effectually as if the feoffment had been made to himself, and without the intervention of a trustee. This method, however, involving as it does the necessity of making livery of seisin, has not been of frequent occurrence in modern practice (n).

II. A Covenant to stand seised to Uses (o). This is a conveyance adapted to the case where a person seised of land in possession, vested remainder, or reversion (p), proposes to convey his estate to his wife, child, or kins

(1) See 1 Sand. Us. 173; 2 Sand. Us. 13.

(m) Vide sup. p. 512.

(n) 2 Sand. Us. 13. It is likely now to be absolutely laid aside, in consequence of the recent provision

of 8 & 9 Vict. c. 106, s. 4, depriving a feoffment of all tortious operation. (0) See Roe v. Tranmaer, Willes, 682; Doe v. Davies, 2 Mee. & W. 503.

(p) 2 Sand. Us. 34, 94.

man (q). In its terms, it consists of a covenant by the alienor to stand seised to the use of the intended party. Before the Statute of Uses, this would merely have raised a use in favour of such party; but now the legal estate will be transferred to him; for, the covenantor being by the effect of his covenant seised to the use of the covenantee, the statute will immediately execute that use. Before the statute, however, no use would be raised in contemplation of equity, upon a mere contract, unless that contract were founded on proper consideration (r); which when that of natural affection, brought the conveyance under the description of a covenant to stand seised (s). As a consequence from this, the modern conveyance in question is also held to be ineffectual, unless it is to operate between persons standing in some relation to each other, in which natural affection may be presumed to influence the gift; namely, the relation of marriage or of near consanguinity; for there is, otherwise, no use for the statute to take effect upon (t). It is on account of inconveniences connected with this principle, and for other reasons, now wholly laid aside (u).

III. A Bargain and Sale. This is a conveyance adapted to the case where a person seised of land in possession, vested remainder, or reversion, proposes to convey it to some other person. In its terms, it consists of a bargain and sale by the alienor, to the intended alienee, for money; and at common law such bargain and sale might be a verbal one merely. By the effect of this contract, the former becomes

(q) 2 Bl. Com. 338.

(r) Reeves's Hist. Eng. Law, vol. iv. p. 162.

(s) 2 Sand. Us. 90. But a use might be raised on a feoffment without consideration. (Sugd. Gilb. 90 91.)

(t) 2 Sand. Us. 94; Sharrington v. Stratton, Plowd. 300.

(u) 2 Fonb. Tr. Eq. 25; 2 BI. Com. 338; 2 Sand. Us. 91; 2 Saund. by Wms. 97 a, n. (b). See Doe d. Starling v. Prince, 10 L. J. (C. P). 223.

seised to the use of the latter, in fee, or tail, for life, or years, (according to the nature of the limitation); and this before the statute was the whole effect of the instrument; but now the statute will execute that use, and clothe the latter with a commensurate legal estate. But as it is essential to the efficacy of a covenant to stand seised, that it should be made in consideration of natural affection, so, for the like reason, it is requisite in the case of a bargain and sale, that it should be founded on pecuniary consideration ; for otherwise no use would be raised, and there would be nothing for the statute to operate upon.

With respect to this conveyance, it is to be observed, that it possessed in a peculiar degree the recommendation to which we before adverted, of enabling parties to transfer a freehold without livery of seisin. For the covenant to stand seised could be rarely made available to the purpose, as it operated only between persons standing in particular relations to each other; but in the extensive class of conveyances which take place between seller and purchaser, a bargain and sale afforded the ready means of dispensing with livery of seisin and attornment; and by the insertion into the deed of a small sum of money, as the nominal consideration of a transfer, it was easy, even when the transaction was not really of the pecuniary kind, to obtain the benefit of the same mode of conveyance (z). And not only the freehold in possession might be thus conveyed without livery, but a remainder or reversion might also pass by the same method (as indeed it might also by covenant to stand seised), without attornment (a). But secret transfers of land were strongly opposed (for reasons before sufficiently explained) to the antient policy of the law. As soon therefore as the legislature perceived that these might be accomplished with facility, by means of a bargain and sale, it

(*) 2 Sand. Us. 41.

(a) 2 Sand. Us. 40; 1 Saund. by Wms. 234 b, n. (4); Shove v. Pincke,

5 T. R. 124. As to attornment, vide sup. p. 472.

hastened to provide a remedy; and that devised for the purpose was, to connect with this new conveyance a new ceremony, calculated to ensure publicity, and to operate as a permanent memorial of the transaction (b). It was accordingly enacted by statute 27 Hen. VIII. c. 16 (called the Statute of Inrolments), that no bargain and sale shall enure to pass a freehold, unless the same be by deed indented, and enrolled within six months after its date, in one of the courts of Westminster Hall or with the custos rotulorum of the county (c).

A bargain and sale, it is to be observed (and the remark is equally applicable to a covenant to stand seised), is also capable of conferring a complete estate for years, without entry; a property that belongs not to a conveyance at common law for a lease for years gives (as formerly shown) no complete estate until entry has been made (d); but if a man seised of land, bargain and sell it for a term of years, the use thus raised will be executed and become a complete estate for years, by force of the statute, without any additional ceremony (e); upon the same principle that a bargain and sale for a freehold interest will enure to pass a freehold, without livery of seisin (f). And though the Statute of Inrolments provides compensation for the tendency of bargains and sales to dispense with livery in freehold conveyances, it makes no similar provision to guard against their effect in conveying a term of years without entry; for these chattel interests were of a very precarious nature till about six years before the statute passed, and were not thought of sufficient importance to

(b) 2 Sand. Us. 43, 44, 51; Bac. Use of Law; 2 Bl. Com. 338.

(c) 2 Sand. Us. 41. Hereditaments lying within any city or town corporate, the officers of which have authority to make inrolment of deeds, are excepted from this statute. (2 Sand. Us. 66.)

(d) Vide sup. p. 293.

(e) It should be observed, however, that even in cases to which the Statute of Inrolments does not apply, the bargain and sale was required under the Statute of Frauds (29 Car. 2, c. 3) to be in writing; and by 8 & 9 Vict. c. 106, to be by deed.

(f) Barker v. Keate, 2 Mod. 249; Mallory's case, 5 Rep. 113.

be included in its enactment (ƒ). A bargain and sale for term of years will therefore be effectual without inrolment (g); and differs, in this respect, from a bargain and sale for an estate of freehold.

It is material to observe, that no particular form of words is essential to the efficacy either of a bargain and sale or a covenant to stand seised (h). "Bargain and sell" are the words of transfer ordinarily used in the one case, and "covenant to stand seised" in the other. But other words will have the same effect (i); and the distinctive character of each of these conveyances is determined by the consideration on which it is founded (k). Where the use is raised upon a pecuniary consideration, the conveyance will be good as a bargain and sale, whatever the terms used: where on the consideration of natural affection, it will avail as a covenant to stand seised (7). If the words employed, however, are such as to indicate that there is no intention of conveying by the instrument in which they are contained; for example, if they amount merely to an engagement to convey by a future instrument; no use will arise, and no estate consequently will pass (m).

The rule, which requires a bargain and sale to be founded on pecuniary consideration, is held to be matter of form only, and sufficiently complied with if the conveyance purport to be so founded; and for this purpose any trivial sum may be inserted, though the consideration which really passes between the parties be of larger amount, or even though it be in fact not of a pecuniary nature (n). It is also immaterial whether the sum so inserted be actually paid or not (o).

IV. A Lease and Release. The conveyance so de

(f) 2 Bl. Com. 338.

(g) Ibid.

(h) 2 Sand. Us. 56, 90; Doe v. Davies, 2 Mee. & W. 503.

(i) 2 Sand. Us. 90.

(k) 2 Fonb. Tr. Eq. 47.

(1) 2 Sand. Us. 90; 2 Saund. by Wms. 96 b, n. (1), n. (2).

(m) 1 Saund. Us. 118, 120.

(n) 2 Sand. Us. 54.

(0) Sugd. Gilb. 96.