Exceptions. the deed has no date, then the time must be computed from the delivery. 34. By the statute 5 Eliz. c. 26. bargains and sales of lands lying in the counties palatine of Lancaster, Chester, and the bishopric of Durham, are required to be enrolled in the respective courts of those counties. 35. By the statutes 5 Ann. c. 18., 6 Ann. c. 35., and 8 Geo. II. c. 6., bargains and sales of lands lying within the west, east, and north ridings of the county of York, may be enrolled before the registers of those ridings, and shall be as good as if enrolled at Westminster. 36. By the statute 10 Ann. c. 18. § 3. it is enacted, that a copy of the enrolment of a bargain and sale, examined with the enrolment, signed by the proper officer, and proved upon oath to be a true copy, so examined and signed, shall in all cases be of the same force and effect as the indenture of bargain and sale would be, if the same was produced. 37. There is a proviso in the statute of enrolments, that it shall not extend to lands, &c. lying within any city, borough, or town corporate, wherein the mayor, recorder, &c. have authority to enrol; in consequence of which, lands and tenements in cities and boroughs having the privilege of enrolment, are not within the 2 Inst. 675. act; and though the intention of the statute was only to exempt them from enrolment in the courts at Westminster, yet it is worded in such a manner, that they are discharged from any enrolment whatever. And Terms for Years. Relation of Enrolment. 2 Inst. 674. 38. The words of this statute only extend to estates of inheritance or freehold; therefore a bargain and sale of lands, for a term of years, need not be enrolled. 39. In consequence of this statute, the freehold does not pass from the bargainor until the deed of 8 bargain and sale is duly enrolled; but if it be enrolled within the time prescribed, then the enrolment has such a relation back to the date, or time of delivery of the bargain and sale, that the freehold is considered, in law, as having passed, to all intents and purposes, from the bargainor to the bargainee, immediately on the date or delivery of the bargain and sale. 40. All conveyances or incumbrances made or created by the bargainor, subsequent to the date or delivery of the bargain and sale, and prior to the enrolment, are therefore void as against the bargainee. 41. A person conveyed lands by bargain and sale to one, and afterwards conveyed to them another by bargain and sale. The last deed was enrolled: afterwards the first deed was enrolled, within the six months. It was resolved, that the first bargainee should have the land, as it had relation to make it the deed of the vendor, and to pass the land from the delivery of the deed. 42. One Sewster being seised of certain lands in Mallory v. Jennings, fee, by deed, dated 7 November, bargained and sold 2 Inst. 674. them for money. On the 9th of the same month he acknowledged a recognizance: on the 20th, the deed was enrolled. On a scire facias, brought upon the recognizance, the question was, whether Sewster was to be considered as having been seised of the lands on the 9th of November, the deed not having been enrolled till the 20th of that month. It was adjudged unanimously, that Sewster was not seised of the lands on the 9th November, for that when the deed was enrolled, the bargainee was in judgement of law seised of the lands from the date of the deed. 43. Neither the death of the bargainor, nor that of the bargainee, before enrolment, will prevent the 2 Inst. 674. Dymock's Case, Cro. Ja. 408. Hob. 136. 2 Inst. 671. Flower v. Baldwin, passing of the estate. And where the bargainee dies before enrolment, if the deed be duly enrolled, his heir will be in by descent. 44. Though the enrolment has relation back, for the advantage of the bargainee, to avoid all mesne Cro. Car.217. incumbrances and conveyances; yet when the lands are also conveyed by fine or feoffiment to the bargainee, before enrolment, he shall take by the fine or feoffinent. For when a conveyance by the common law, and one by the statute of uses, concur, that by the common law shall be preferred; if, in a case of this kind, the bargainor incumbers the estate between the execution of the bargain and sale, and the fine, &c., then the inrollment shall have relation back; for the avoiding such mesne incumbrance, in favour of the bargainee. Vide c. 27. 45. It is said by Lord Hardwicke, that if there is a first bargainee, whose deed is not enrolled, and a second bargainee whose deed is enrolled; if the second bargainee had notice of the prior deed, such prior deed shall prevail in equity, for a reason which will be stated hereafter. And if the first bargainee has any other conveyance, as a feoffment, or a lease and release, he shall prevail at law. 46. A bargain and sale does not devest any estate, nor can a use be declared on it; as will be shown in the next chapter. seised. 10. What may be conveyed by. 31. The Estate continues till a Use arises. 32. A Rent may be created by. sons within the Considera- 37. No Uses can be declared on THE second kind of conveyance which derives its Nature of. effect from the statute of uses, and operates without transmutation of possession, is called a covenant to stand seised. 2. Formerly, if a person had covenanted and agreed Plowd. 301. for himself and his heirs, that for a certain conside- 3. ration, another should have his lands; though the lands did not pass, for want of livery, yet the use passed to the covenantee. Now whenever a covenant of this kind is entered into, if the consideration be sufficient, a use arises out of the seisin of the covenantor, which is immediately executed by the statute in the cestui que use, who thereby acquires the legal estate. S. The proper and technical words of this con. veyance are, covenant to stand seised to the use of, A., &c. But any other words will have the same Willes R. K 3 2 Vent. 150. 676. ante, c. 9. 1 Mod. 175. Harrison v. 3 Mod. 237. Doe v. Simpson, 2 Wils. R. 22. Willes R. 673. Roe v. Tit. 16. c. 5. § 24. Doe v. Salkeld, Willes R. 673. Blithman's Dyer, 55 a. effect, if it appear to have been the intention of the parties to use them for that purpose. Thus in the case of Crossing v. Scudamore, the words bargain and sell were held sufficient to create a covenant to stand seised. 4. A settlement was made in the following words. "If I have no issue, and in case I die without issue of my body lawfully begotten, then I give, grant, and confirm my land to my kinswoman S. Stokes, to have and to hold the same to the use of myself for life, and after my decease, to the use of the said Sarah and the heirs of her body to be begotten; with remainders over." It was held that this was a good covenant to stand seised. 5. G. S., in consideration of his marriage with Ann Story, gave, granted, enfeoffed, aliened, and confirmed certain lands to Ann and W. Story for life, remainder to the heirs of the body of Ann Story begotten by G. S., who covenanted that the lands should remain to the same uses. The marriage took effect; and G. S. became a bankrupt. The assignees sold the land, considering the deed as void in law; or if not, that G. S. was tenant in tail. The Court resolved that the deed operated as a covenant to stand seised. 6. On the other side, where it does not appear to have been the intention of the owner of the estate to raise a use, though the word covenant be used, yet the deed will not operate as a covenant to stand seised. 7. A father, tenant in tail, covenanted with his son, in consideration of marriage, that after his death the lands should descend, remain, and be with the son, and the heirs of his body. The Court held that no use was raised; this being an executory covenant: for |