The estate taken must be marked out.
Conveyance made unto and to the use of the purchaser.
A conveyance may l»e made to uses.
(f) Shep. Touch. 327; see ante, p. 139.
(g) Shep. Touch. ubi supra. (h) 2 Sand. Uses, 64-69 (77
- 84, 5th ed.); Sugd. note to Gilb. Uses, 233; see ante, pp. 143, 153, 154.
A man cannot convey to himself.
But a man may convey freeholds to another to his own use.
(i) See ante, p. 154.
(j) Perkins, s. 203. So a man cannot covenant to pay money to himself and another on a joint account, Fauthner v. Lowe, 2 Ex. Rep. 695.
(k) Stat. 22 & 23 Vict. c. 35, s. 21.
The reader will now be in a situation to understand an ordinary purchase deed of the simplest kind, with a specimen of which he is accordingly presented: - "THIS INDENTURE (m) made the first day of "January 1846 between A. B. of Cheapside in the "city of London esquire of the one part and C. D. of "Lincoln's Inn in the county of Middlesex esquire of "the other part Whereas by indentures of lease "and release (n) bearing date respectively the first "and second days of January 1838 and respectively "made between E. F. of the one part and the said "A. B. of the other part for the consideration therein "mentioned the messuage lands and hereditaments "hereinafter described with the appurtenances were "conveyed unto and to the use of the said A. B. his "heirs and assigns for ever And whereas the said "A. B. hath contracted with the said C. D. for the "absolute sale to him of the inheritance in fee simple (o) "in possession of and in the said messuage lands and "hereditaments with the appurtenances free from all "incumbrances for the sum of one thousand pounds "Now this Indenture witnesseth that in pursu-"ance of the said contract and in consideration of the "sum of one thousand pounds of lawful money of "Great Britain to the said A. B. in hand paid by the "said C. D. upon or before the execution of these "presents (the receipt of which said sum of one thou-"sand pounds in full for the absolute purchase of the "inheritance in fee simple in possession of and in the "messuage lands and hereditaments herein before "referred to and hereinafter described with the ap-"purtenances he the said A. B. doth hereby acknow-"ledge and from the same doth release the said C. D. "his hens executors administrators and assigns) He "the said A. B. doth by these presents grant (p) "unto the said C.D. and his heirs ALL that messuage "or tenement here describe the premises] Together "with all outhouses ways watercourses trees com-"monable rights easements and appurtenances to the "said messuage lands hereditaments and premises(q) "hereby granted or any of them belonging or there-"with used or enjoyed And all the estate (r) and "right of the said A. B. in and to the same To have "and to hold the said messuage lands hereditaments "and premises intended to be hereby granted with the "appurtenances unto and to the use of (s) the said "C. D. his heirs and assigns for ever(t)." [Then follow covenants by the vendor with the purchaser for the title; that is, that he has good rigid to convey the premises, for their quiet enjoyment by the purchaser, and freedom from incumbrances, and that the vendor and his heirs will make all such further conveyances as may be reasonably required.] "In witNESS "whereof the said parties to these presents have here-"unto set their hands and seals the day and year first "above written." To the foot of the deed are appended the seals and signatures of the parties (u); and, on the back is indorsed a further receipt for the purchasemoney (x), also an attestation by the witnesses, of whom it is very desirable that there should be two, though the deed would not be void even without any (y). On the face of the deed will be observed the proper stamps, without which it could not formerly have been admitted as evidence(z). But the Common Law Procedure Act, 1854(a), provided that, upon payment to the proper officer of the Court of the stamp duty, and certain penalties, any deed or other document should be admissible in evidence, saving all just exceptions on other grounds. And a similar provision is contained in the Stamp Act, 1870 (b), by which the stamp duties on deeds have now been consolidated. Purchase deeds are now subject to ad valorem stamps of one-half per cent., or five shillings per fifty pounds on the amount or value of the consideration for the sale, according to the table below (c). There was formerly a further progressive duty of 10s. for every entire quantity of 1080 words over and above the first 1080, unless the ad valorem duty was less than 10s., in which case the progressive duty was equal to the amount of the ad valorem duty(d). The present scale of ad valorem duties was first imposed by the Act to amend the Laws relating to the Inland Revenue (e), which was passed on the 5th of July, 1865. Before this act the table of stamp duties advanced in a slightly different manner by less minute steps (f). These duties again did not apply to any deed or instrument signed or executed by any party thereto, or bearing date, before or upon the 10th of October, 1850. Such a deed, unless preceded by a lease for a year, bears the same stamp duty as the lease for a year was subject to, and also, whether so preceded or not, an ad valorem duty according to the table stated below (g).
An ordinary purchase deed.
Recital of the conveyance to the vendor.
Recital of the contract for sale.
(l) Perk. ss. 704, 705;Youle v. Jones, 13 Mee. & Wels. 534. (m) Ante, p. 146.
(n) Ante, p. 178. (o) Ante, p. 59 et seq.
(p) Ante, pp. 173, 179. (q) Ante, p. 14. (r) Ante, p. 17.
(s) Ante, p. 179.
(t) Ante, pp. 141, 179.
(u) Ante, p. 148.
(x) This practice is of comparatively modern date. See 2 Atkyns, 478; 3 Atk. 112; 2 Sand. Uses, 305, n. A. (118, n., 5th ed.); 3 Preston's Abstracts, 15.