(h) Litt. s. 460; Gilb. Uses and Trusts, 104(223, 3rd ed.)

(i) Co. Litt. 9 a; Bor d. Were v. Cole, 7 Barn. & Cress. 243, 248; ante, p. 11.

(k) Ante, p. 144. (l) Shep. Touch. 320.

The Statute of Uses (n) was the means of accomplishing this desirable object. This statute, it may be remembered, enacts, that when any person is seised of lands to the use of another, he that has the use shall be deemed in lawful seisin and possession of the lands, for the same estate as he has in the use. Now, besides a feoffment to one person to the use of another, there were, before this statute, other modes by which a use might be raised or created, or, in other words, by which a man might become seised of lands to the use of some other person. Thus - if, before the Statute of Uses, a bargain was made for the sale of an estate, and the purchase-money paid, but no feoffment was executed to the purchaser, - the Court of Chancery, in analogy to its modern doctrine on the like occasions (o), considered that the estate ought in conscience immediately to belong to the person who paid the money, and, therefore, held the bargainor or vendor to be immediately seised of the lands in question to the use of the purchaser (p). This proper and equitable doctrine of the Court of Chancery had rather a curious effect when the Statute of Uses came into operation; for, as by means of a contract of this kind the purchaser became entitled to the use of the lands, so, after the passing of the statute, he became at once entitled, on payment of his purchase-money, to the lawful seisin and possession; or rather, he was deemed really to have, by force of the statute, such seisin and possession, so far at least as it was possible to consider a man in possession, who in fact was not(q). It, consequently, came to pass that the seisin was thus transferred, from one person to another, by a mere bargain and sale, that is, by a contract for sale and payment of money, without the necessity of a feoffment, or even of a deed (r); and, moreover, an estate in fee simple at law was thus duly conveyed from one person to another without the employment of the technical word heirs, which before was necessary to mark out the estate of the purchaser; for, it was presumed that the purchase-money was paid for an estate in fee simple (s); and, as the purchaser had, under his contract, such an estate in the use, he of course became entitled, by the very words of the statute, to the same estate in the legal seisin and possession.

The Statute of Uses.

Bargain and Sale.

(m) 2 Sand. Uses, 61 (74, 5th ed.) (n) 27 Hen. VIII.e. 10. (o) Ante, p. 160.

(p) 2 Sand. Sand. 43 (53, 6th ed.); Gilb. Uses and Trusts, 49 ('94, 3rd ed.)

The mischievous results of the statute, in this particular, were quickly perceived. The notoriety in the transfer of estates, on which the law had always laid so much stress, was at once at an end; and it was perceived to be very undesirable that so important a matter as the title to landed property should depend on a mere verbal bargain and money payment, or bargain and sale, as it was termed. Shortly after the passing of the it was accordingly required by another act of parliament (t), passed in the same year, that every bargain and sale of any estate of inheritance or freehold should be made by deed indented and enrolled, within six months (which means lunar months from the date, in one of the courts of record at Westminster, or before the custos rotulorum and two justices of the peace and the clerk of the peace for the county in which the lands lay, or two of them at least, whereof the clerk of the peace should be one. A stop was thus put to the secret conveyance of estates by mere contract and payment of money. For a deed entered on the records of a Court is of course open to public inspection; and the expense of enrolment was, in some degree, a counterbalance to the inconvenience of going to the lands to give livery of seisin. It was not long, however, before a loophole was discovered in this latter statute, through which, after a few had ventured to pass, all the world soon followed. It was perceived that the act spoke only of estates of inheritance or freehold, and. was silent as to bargains and sales for a mere term of years, which is not a freehold. A bargain and sale of lands for a year only, was not therefore affected by the act (u), but remained still capable of being accomplished by word of mouth and payment of money. The entry on the part of the tenant, required by the law (v), was supplied by the Statute of Uses; which, by its own force, placed him in legal intendment in possession for the same estate as he had in the use, that is, for the term bargained and sold to him (x). And as any pecuniary payment, however small, was considered sufficient to raise a use (y), it followed that if A., a person seised in fee simple, bargained and sold his lands to B. for one year in consideration of ten shillings paid by B. to A., B. became, in law, at once possessed of an estate in the lands for the term of one year, in the same manner as if he had actually entered on the premises under a regular lease. Here then was an opportunity of making a conveyance of the whole fee simple, without livery of seisin, entry or enrolment. When the bargain and sale for a year was made, A. had simply to release by deed to B. and his heirs his (A.'s) estate and interest in the premises, and B. became at once seised of the lands for an estate in fee simple. This bargain and sale for a year, followed by a release, is the modern conveyance by lease and release - a method which was first practised by Sir Francis Moore, serjeant at law, at the request, it is said, of Lord Norris, in order that some of his relations might not know what conveyance or settlement he should make of his estate (z); and although the efficiency of this method was at first doubted (a), it was, for more than two centuries, the common means of conveying lands in this country. It will be observed that the bargain and sale (or lease, as it is called) for a year derived its effect from the Statute of Uses; the release was quite independent of that statute, having existed long before, and being as ancient as the common law itself (b). The Statute of Uses was employed in the conveyance by lease and release only for the purpose of giving to the intended releasee, without his actually entering on the lands, such an estate as would enable him to receive the release. When this estate for one year was obtained by the lease, the Statute of Uses had performed its part, and the fee simple was conveyed to the releasee by the release alone. The release would, before the Statute of Uses, have conveyed the fee simple to the releasee, supposing him to have obtained that possession for one year, which, after the statute, was given him by the lease, After the passing of the Statute of Frauds (c), it became necessary that every bargain and sale of lands for a year should be put into writing, as no pecuniary rent was ever reserved, the consideration being usually five shillings, the receipt of which was acknowledged, though in fact it was never paid. And the bargain and sale, or lease for a year, was usually made by deed, though this was not absolutely necessary. It was generally dated the day before the date of the release, though executed on the same day as the release, immediately before the execution of the latter.