Similarity of deeds.
(m) Stat. 8 & 9 Vict. c. 119.
(n) Stat. 8 & 9 Vict. c. 124.
(0) By statute 6 & 7 Vict. c. 73, s. 37, the charges of a solicitor for business relating entirely to conveyancing are rendered liable to taxation or reduction to the established scale, which is regulated only by length. Previously to this statute, the bill of a solicitor relating to conveyancing was a taxable, unless part of the bill was for business transacted in some Court of law or equity. But although conveyancing bills were not strictly taxable, they were always drawn up on the same principle of payment by length, which pervades the other branches of the law.
To return: - A lease and release was said to be an innocent conveyance; for when, by means of the lease and the Statute of Uses, the purchaser had once been put into possession, he obtained the fee simple by the release; and a release never operates by wrong, as a feoffment occasionally did (u), but simply passes that which may lawfully and rightly be conveyed (x). The same rule is applicable to a deed of grant (y). Thus, if a tenant merely for his own life should, by a lease and release, or by a grant, purport to convey to another an estate in fee simple, his own life interest only would pass, and no injury would be done to the reversioner. The word grant is the proper and technical term to be employed in a deed of grant (z), but its employment is not absolutely necessary; for it has been held that other words indicating an intention to grant will answer the purpose (a).
The Attorneys' and Solicitors' Act, 1870.
Lease and release an innocent conveyance.
So a grant.
(p) Stat. 8 &9 Vict. c. 119, s. 4; stat. 8 & 9 Vict. c. 124, s. 3.
(q) Stat. 33 & 34 Vict. c. 28, passed 14th July, 1870.
(r) Sects. 4 - 15.
(s) Sect. 18. (t) See Appendix (D). (u) Ante, p. 141. (x) Litt. s. 6OO.
In addition to a conveyance by deed of grant, other methods are occasionally employed. Thus, there may be a bargain and sale of an estate in fee simple, by deed duly inrolled pursuant to the statute 27 Hen. VIII. c. 16, already mentioned (b). The chief advantage of a bargain and sale is, that by a statute of Anne (c) an office copy of the inrolment of a bargain and sale is made as good evidence as the original deed. In some cities and boroughs the inrolment of bargains and sales is made by the mayors or other officers (d). And in the counties palatine of Lancaster and Durham it may be made in the palatine courts (e); and so the inrolment of bargains and sales of land in the county of Cheshire might have been made in the palatine courts of that county until their abolition (f). Bargains and sales of lands in the county of York may be inrolled in the register of the riding in which the lands lie (g). When a bargain and sale is employed the whole legal estate in fee simple passes, as we have seen (h), by means of the Statute of Uses, - the bargainor becoming seised to the use of the bargainee and his heirs. A bargain and sale, therefore, cannot, like a lease and release, or a grant, be made to one person to the use of another; for, the whole force of the Statute of Uses is already exhausted in transferring the legal estate in fee simple to the bargainee (i). Similar to a bargain and sale is another method of conveyance occasionally, though very rarely, employed, namely, a covenant to stand seised to the use of another, in consideration of blood or marriage (k). In addition to these methods, there may be a conveyance by appointment of a use, under a power of appointment, of which, more will be said in a future chapter (l). The student, indeed, can never be too careful to avoid supposing that, when he has read and understood a chapter of the present, or any other elementary work, he is therefore acquainted with all that is to be known on the subject. To place him in a position to comprehend more is all that can be attempted in a first book.
Bargain and sale.
(y) Litt.ss.616, 617.
(z) Shcp. Touch. 229.
(a) Shove v. Pineke, 5 T. Rep. 124; Haggerston v. Hanbury, 5 Barn. & Cress. 101.
(b) Ante, p. 177.
(c) Stat, 10 Anne, c. 18, s. 3. (d) Stat. 27 Hen. VIII. c. 16, s. 2.
(e) Stat. 5 Eliz.c. 26.
(f) By stat. 11 Geo. IV. & 1 Will. IV. c. 70.
(g) Stat. 5 & 6 Anne, c. 18; 6 Anne, e.35, ss. 16, 17, 34; 8 Geo. II. C. 6, s. 21.
(h) Ante,p. 175.
Bargain and sale cannot be made to one person to the use of another.
Covenant to stand seised.
(i) See ante, p. 176. (k) See Doed.Daniellv. Wood-roffe, 10 Mee. & Wels. 608; Doe d.
Starling v. Prince, C. P. 15 Jur. 632.
(l) See the chapter on executory interests.