in ftrict propriety, a deed, though the effects of it are greater than those of a common bond, being allowed a priority in point of payment.

§ 22. A recognizance is a lien upon all the lands which the cognizor has at the time he acknowledges it, and alfo upon all those which he afterwards acquires; fo that no alienation by the cognizor will prevent the cognizee from extending the land.

§ 23. Where a reverfion expectant on an estate tail falls into poffeffion, it then becomes liable to the recognizances, not only of the original donor, but also of all the intermediate heirs who were entitled to fuch reverfion, because it is a direct lien on lands, and differs in that refpect from a bond.

Vide Tit. 1 f. 31, 32.

§ 24. By the ftatute 29 Cha. 2. c. 3. it is enacted, that no recognizance shall bind lands in the hands of 8 Geo. 1. bona fide purchasers, but from the time of the inroll. 6. 25.

ment.

§ 25. There are two other kinds of recognizances, of a private fort, which are faid to be in the nature of

a ftatute merchant and ftatute ftaple, which have Vide Tit. 14. been already explained.

Conveyances HAVING treated of the feveral kinds of deeds

derived from

the Statute of Ufes.

Tit.1,ch.4.

f. 10.

which derive their effect from the common law,

we now come to explain the nature and effect of those deeds which derive their effect from the ftatute of uses.

§ 2. It has been stated in a former title, that the statute of uses has given rise to feveral new forts of conveyances which operate contrary to the rules of the common law. The first of these, which operates without any tranfmutation of poffeffion, is a bargain and fale to uses, which was well known, and often * Rep. 94 a. used before the statute of ufes; it being a common practice in those times, for a person who was seised of lands, to bargain and fell them to another; in which cafe, if the confideration was fufficient to raise a use,

the

the bargainor became immediately feifed to the use of the bargainee: all which might have been tranfacted without the formality of a deed.

§ 3. A bargain and fale to uses, is a contract by which a person conveys his lands to another for a pecuniary confideration; in confequence of which, a use arifes to the bargainee, and the ftatute 27 Hen. 8. immediately transfers the legal estate and poffeffion to the bargainee, without any entry or other act on his

part.

The

§ 4. and technical words of this conproper veyance are, bargain and fell; but any other words that would have been fufficient to raise a use, upon a valuable confideration, before the statute, are now fufficient to constitute a good bargain and fale, but proper words of limitation must be inferted.

§ 5. Thus, if a man, for money, aliens and grants 8 Rep. 94. lands to one and his heirs, or in tail, or for life, by deed indented and inrolled, it will amount to a bargain and fale, and the land will pafs without any livery of feifin.

§ 6. So, where a man covenants, in confideration Idem. of money, to stand feised to the use of his fon in fee; if the deed be inrolled, it is a good bargain and fale, though the words, bargain and fell, be not used.

§ 7. Edward Fox demised lands to G. Smalman and Fox Cale, others, for three lives, referving rent, and, afterwards; 8 Rep. 93

by indenture, in confideration of 50% paid him by Thomas Powys, he demifed, granted, fet, and to farm let to the faid Thomas Powys, the faid tenements, to hold to the faid Powys for the term of 99 years, reserving rent, and the first leffee did not attorn. The question was, whether the demife to Powys fhould amount to a bargain and fale, fo that the reverfion with the rent should pafs to Powys by the statute of uses without any attornment. And it was adjudged, that this demife and grant, in confideration of 50 l., amounted to a bargain and fale for 99 years, there being no neceffity for the precife words bargain and fell. And it was faid, that as uses arise from the intention of the parties, if by any claufe in a deed it appears that it was the intent of the parties to pass it in poffeffion by the common law, there no use shall be raised; and, therefore, if any letter of attorney be in the deed or covénant, to make livery of the lands according to the form and effect of the deed, or other fuch like, it fhall not pass by way of use.

§ 8. Where a deed contained a power of attorney to make livery of seifin, but was inrolled as a bargain and fale, within a month after its execution, though livery of feifin was given four months after, yet it was held to operate as a bargain and sale, and not as a feoffment.

§ 9. With refpe&t to the persons who are capable of conveying their eftates by bargain and fale, as this conveyance only transfers a ufe, none but thofe who are capable of being seised to a use çan bargain and

fell:

fell for there must be a perfon feifed to a ufe, and Tit. 11. ch. 3. a ufe in effe, before the ftatute can have any ope

ration.

§ 10. It follows, that neither the king, the queen, nor a corporation aggregate, can convey their lands by bargain and fale: but, as all private persons may be seised to a use, they may convey their estates by bargain and fale.

Atkins v. Longvill, Cro. Ja. 50.

ca. 88.

§ 11. Jenkins fays, that a bargain and fale by the Cent. 6. king for any confideration, to a corporation, is good, although the king cannot ftand feifed to the use of another; and the confideration of money paid, or mentioned to be paid, although by any stranger, will make the bargain and fale valid.

S 12. Lord Chief Baron Comyns has faid, that a corporation may bargain and fell, for they may give a use, though they cannot be feised to a use. This pofition is founded on the authority of the following cafe.

§ 13. The Priorefs of Hallywell being feised of Priors, granted the same by the words dedi et conceffi pro certa pecuniæ fumma, to Lord Audley the chancellor of England, and his heirs. It was objected, that a bargain and fale by a corporation was not good, for a corporation could not be feifed to another's ufe; and the nature of such a conveyance was, to take effect by way of use, in the bargainee, and, afterwards, the statute drew the poffeffion to the use. But the court

utterly

Dig. Tit.
Sale, (B. 3.)
Barg. &

Holland and
Cafe, 3 Leon.

Bonis's

175.