Bargains and right of way does not pass, Cro. Jac. 190; 2 Co. 74; Saund. Us. 74.

Sales.

Consideration

Operative words.

Requisites of a bargain.

Inrolment.

Operation.

Bargains and

sales of goods.

A man possessed of a term for years cannot bargain and sell it so that it may be executed by the statute; but a man seised of a freehold may bargain and sell it for years, Gilb. Us. 85.

3. To raise a use upon a bargain and sale, there must be some consideration of money, Cro. Eliz. 394; 1 Co. 176; but the smallest consideration, as 5s. or even a penny, is sufficient, Shep. Touchst. 222. The operative words in a bargain and sale are, “granted, bargained and sold." But any other words, which, upon valuable consideration, would have raised a use of lands, &c. at common law, the same amount to a bargain and sale within the Statute, as if a man covenant to stand seised to the use of another, Cro. Eliz. 161; 2 Inst. 672; 2 Saund. Us. 47.

4. By the 27 H. 8, c. 16, a bargain and sale must be by deed indented, and not by deed poll, nor by print or stamp; and the writing must be upon parchment, 2 Inst. 672; 3 Leon. 16. The deed must likewise be inrolled on parchment only within six lunar months from the date, Dy. 218; 2 Inst. 273, 4; Sheph. Touchst. 223. By the 5 Eliz. c. 26, bargains and sales of lands may be inrolled in the counties palatine; by the 5 Ann. c. 18, within the West Riding of York; and by the 6 Ann. c. 35, sect. 16, within the East Riding of York, and Kingston-upon-Hull. By the 10th Ann. c. 18, sect. 3, a copy of the inrolment of bargains and sales, examined with the inrolment, and signed by the proper officers, and proved upon oath to be a true copy of such inrolment, shall be of the same effect as if the bargain and sale was produced. The Statute of Inrolments extends to bargains and sales of inheritances and freeholds only, and not to bargains and sales for years, which are good without inrolment; and in consequence of this, the conveyance by lease and release came afterwards into general use, 2 Inst. 671; 8 Co. 94; Dy. 309; but as to the bargain and sale or lease for a year, see further, post, Release.

5. A bargain and sale is an innocent conveyance, and operates only on what the grantor may lawfully convey, 2 Saund. Us. 54. It does not work a discontinuance, create a forfeiture, nor destroy contingent remainders. So if tenant in tail bargains and sells land in fee, only an estate of freehold determinable on the death of the tenant passes, Co. Litt. 327; Gilb. Us. Sugd. Ed. 217.

6. There may be bargains and sales of goods and chattels as well as of lands, but they need none of the formalities prescribed by the Statute. But terms for years must, by the Statute of Frauds, be now in writing, Sheph. Touchst. Prest. Ed. 224. As to a bargain and sale for a year, see further, post, RELEASE, Pref. sect. 9.

No. CCXXXIII

Bargain and Sale by the Deputy Remembrancer of the Court of Exchequer of an Estate belonging to a Crown Debtor. Obs. 1. By the 25 G. 3, c. 35, s. 1, the Court of Exchequer may order the lands of any debtor to the crown to be sold by the Remembrancer of such court or his deputy, and the conveyance to be made by bargain and sale inrolled in such court.

2. Where the crown debtor does not join in the conveyance, it is desirable that he should execute a deed of confirmation.

3. As to the stamp, see RELEASE.

No. CCXXXIII. Freehold Lands.

Court of Exchequer em. powered to sell.

Stamp.

This Indenture &c. see ante, No. LXXXV. Betn (deputy re- Recitals. membrancer) of &c. deputy remembrancer of the Ct of Exchequer

debtor.

of the one pt and (purchaser) of &c. of the or. pt Whas by Of sale to
indres of lease and release bearing date the
days of

and the

resply and made betn E. W. therein described of the one pt and (crown debtor) also therein described of the or. For the consons expssd in the sd indre of release the sd E. W. did alien release and confirm unto the sd (D.) All that &c. To Hold the same unto and to the use of the sd (D.) his hrs and ass for ever a debtor to her Maj. a writ of extent was on or about the day of

And whas the sd (C. D.) being an accountant and Extent.

issued out of her Maj. Ct of Excheq against the este of the sd (C. D.) And by an inquisition taken before the sheriff of in obedience to the sd writ on &c. It was found

day of

that the said (C. D.) was on the and at the time of taking this sd inquisition seised in his demesne as of fee of the heredts comprised in the sd recited indres of lease and rele and the same heredts were accordingly seised into her Maj. hands by virtue of the sd writ of extent for the purpose of satisfying the debt due to her Maj. from the sd (C. D.) And Order of sale. whas by an order of the Ct of Excheq made

day of

in a cause then depending betn her Maj. and the sd (D.) on the sd recited writ of extent as afd it was ordered that the sd este shd be forthwith sold before the sd (D. R.) the deputy to her Maj. Remembrancer of the sd Ct for which purpose the sd (D.R.) was to publish advertisements in the London Gazette for the sale of the sd estes And whas in pursuance of the sd order the sd

Sale by public auction.

before him when the sd (P.) was allowed to be the purchaser of lot 1 And whas the corn-mill and machinery with apts comprised in lot 1 in the afd parlars of sale is stated to be on lease to E. T. for

yrs from the
which sd term

day of hath been duly And it is decld

at a yrly rent of £ Particulars of assigned to and is now vested in the sd (P.)

sale.

Report of Deputy Remembrancer.

Orders of confirmation &c.

Testatum.

by the sd printed parlars or condons of sale that a right of way
or passage with free liberty of ingress egress and regress from
&c. and out of the Queen's highway to lot 2 and a similar right
of way to lot 3 was to be a common and uninterrupted right of
way to these estes and it was also by the sd parlars of sale
decld that the stock house or shed then projecting in front of
the sd dwellinghouse lot 2 shd be curtailed and that lot 1 shd
extend no further than to a line ranging straight with the ex-
terior wall of the sd dwelling And that the purchaser of lot 1
shd remove the projection at his expe within six calr mths after
he shd be in posson And it is also by the sd parlars of sale
decld that lot 1 shd have a right of passage at rease hours and
in the most convenient manner to the purchasers of lot 2 and 3
to open and shut the flood-gates and sluices and to repair the
same and to remove obstructions in the mill-pond and all or.
things apprtg thereto for ever And whas the sd (D. R.) by his
report dated the
did approve of the sd
(P.) to be the purchaser of lot 1 as in and for the price of
£
And whas by an order of the sd Ct of Excheq on or
about &c. It was ordered that the sd report shd be confirmed
and that the sd (P.) was allowed to be the purchaser thof And
whas by anor. order on or about
It was
ordered that the master's report shd be confirmed and the sd
(P.) was allowed and established purchaser thof And by anor.
order bearing date the

day of

day of

day of

It was ordered that on paymt of the sd sum of £ by the sd (P.) to the sd (D. R.) he the sd (D. R.) and all or. necessary pties shd join and exte a proper conveyance of the sd premises to the sd (P.) Now this Indre witnesseth that in conson of the sum of £ of &c. to the sd (D. R.) in hand well and truly pd by the sd (P.) at or before the sealing and delivery of these

No. CCXXXIII.

prests the rect whereof the sd (D, R.) doth hby acknge and of and from the same doth hby acquit rele and discharge the sd Freehold Lands, (P.) his hrs exs ads and ass for ever He the sd (D. R.) as Dep Remr as afd under the directions of the Ct of Excheq and in pursuance of an Act of Parlt made and passed &c. and intituled &c. And by force and virtue of the power and authty to the sd Dep Remr reserved or in anywise enabling him in this behalf Hath bargained sold and conveyed and by this deed of bargain and sale intended to be forthwith inrolled in the Ct of Excheq Doth bargain &c. All that &c. And also full and free liberty to and for the sd (P.) his hrs apptees and ass and all psns claiming under him or them and his and their servts and workmen from time to time and at all times hraftr at reasone hours and in the most convenient manner for the owner and occupier of the heredts comprised in lot 2 and 3 in the afd parlars of sale to pass and repass in through near and along the lds and preses comprised in the sd lots resply for the purps afd And the revn &c. And all the este &c. and all deeds &c. (see RELEASE) To Habendum. Have and to Hold &c. Subject nevss to such right of way or passage with free liberty of ingress egress and regress from the Queen's highway to lot 2 and a similar right of way to lot 3 as in the sd parlars of sale are mentd In witness &c. see ante, No. XLVI.

No. CCXXXIV.

Bargain and Sale of Copyholds by Tenant for Life under a
Power in an Inclosure Act.

Obs. A bargain and sale of copyholds under an Act of Parliament, empowering a sale, is a sufficient execution of a power without a surrender, 1 Prest. Abst. 202; 2 ib. 259.

No. CCXXXIV.

Of Copyholds.

This Indenture &c. see ante, No. XLVI. Betn (vendor) of &c. of the first pt (commissioner) a commr named in and apptd by an Act of Parliament made &c. of the second pt and (purchaser) of &c. of the third pt Whas (testator) late of &c. being seised to Recital of sur him and his hrs according to the custom of the manor of

in the co of
of sundry capital and or. customary messes
&c. and having surrendered the same to the uses of his will duly

render and will.

No. CCXXXIV.

made and published as his last will and testmt in writing and

Of Copyholds. bequeathed to his wife and her ass all his real estate wheresoever situate or being To Hold the same during her natural life And from and after her her dece He gave the same in manner therein parlarly described And whas at a General Court Baron held for the sd manor on the day of the sd (V.) was

admitted tenant to the sevl messes of which the sd A. B. died seised To Hold to her and her ass during the term of her natural Inclosure Act. life And whas by an Act of Parlt passed &c. It was among other things enacted that all costs chas and exps of soliciting and passing the sd Act of Parlt and surveying the sd common fields thby directed to be allotted and of dividing and allotting the same and of forming and making the roads &c. which shd be set out and of preparing and inrolling the sd award and all or. costs chas and exps of the sd commissioner and of the sevl psns employed by him in the exon of the sd Act and not therein orwise directed should be borne and defrayed by all the owners and or. psns in proportion as near as might be to their respive estes and ints And that the sd shares and proportions of the sd costs shd be settled and ascertained by the commr And it was furr enacted that it should be lful for the sd sevl owners and proprietors for the time being of all or any grds or lds being tents in tail or for life by indre or indres duly sealed and delivered and inrolled in any of her Maj. Cts of Record at Westmr and with the consent of the commr testified in writing under his hand and seal either before or after the making his award to sell such pt or pts of any old inclosures belonging to such proprietors resply or such pt or pts of such new allotment or allotments to be assigned to them resply by virtue of this Act as shd be sufficient for the purpe of defraying the respive proportions of such costs chas and exps as afd And that the psn or psns to whom any such old inclosures or new allotments or any pts thof shd be sold and conveyed and all psns claiming under them shd and might have hold possess and enjoy the same quietly and peaceably according to the terms of sale and conveyance thof witht any let or interruption from the psn or psns to whom any inclosure or allotment for the time being shd belong or be assd And furr it was enacted that no such sale or conveyance shd be valid and effectual unless the sd (C.) shd ratify his consent