by the mere verbal bargain or contract of sale on sufficient consideration; nor were any words of inheritance requisite to carry a fee, as a contract for a fee was implied, unless the contrary were expressed (a). The Statute of Enrolments, 27 H. 8, c. 16, was passed St. of Enrolwith a view to prevent the clandestine character of the ments. conveyance by way of bargain and sale, and denies effect to every such conveyance of a freehold "except the same be by writing, indented, sealed and enrolled in one of the King's Courts of Record at Westminster," or within the County where the lands lay, before the Custos Rotulorum and two Justices of the Peace and the Clerk of the Peace of the same County, or any two of them, whereof the Clerk to be one, and the enrolment to be within six months after date of the instrument. The first Provincial Act on the subject, 37 Geo. 3, ch. 8, Provincial recited, that conveyances by way of bargain and sale "not Acts as to bargains and having been enrolled in a Court of Record are not valid in sales. law," and substituted therefor the County Registry Office, with a retrospective operation (b). The Statute, 4 Wm. 4, ch. 1, sec. 47, abolished the necessity for any enrolment or registry, except to preserve priority of title under the Registry Act; this Act was held to be retrospective (c). The Stat. 9 Vic. ch. 34, sec. 14, declared that registry should be equivalent to enrolment, but this was repealed by Stat. 13 & 14 Vic. ch. 63, sec. 3, reciting that the effect of the former Act might be to render doubtful the meaning of the Act of 4 Wm. 4. These Statutes, combined with a decision (d) that a deed poll may operate as a bargain and sale, have virtually repealed the Statute of Enrolments. A bargain and sale to operate under the Statute of Uses The considercannot be good, except on the consideration of money or ation requimoney's worth; a rent reserved, though but a pepper-corn gain and sale, (a) Jones on Uses. (b) Rogers v. Barnum, 5 Q. B. O. S. U. C. 252. (c) Rogers v. Barnum, supra; Doe d. Louckes v. Fisher, 2 Q. B. U. C. 470. (d) Rogers v. Barnum, supra. site as to bar it may oper will suffice (a). If a valuable consideration be proved to have heen given, though not expressed, or if expressed, though proved not to have been given, it will suffice (b). The consideration need not proceed from the bargainee to the bargainor (c). If the instrument fail to take effect as a bargain and sale te as a grant for want of proper consideration, or otherwise, it may opecr otherwise, rate as a grant or covenant to stand seized on consideration of blood, or otherwise, as before explained (d). incorporeal ments cannot be created by it, Not only corporeal, but also incorporeal hereditaments heredita- may be conveyed by bargain and sale; but the latter must. be in existence at the time of conveyance. Therefore a thing not in esse, as a right of way not before created, cannot be created by bargain and sale (e). The Statute of Uses (f) executes the use "when any person shall be seised, &c., to the use, &c.," and therefore though a freeholder can create a term by bargain and sale out of the estate of which he is seised, no term when once created can be so conveyed, for of such the termor is not seised but possessed. Contingent interests and possibilities cannot be conveyed by bargain and sale (g). nor terms of years or contingent interests conveyed by it. Other matters and disadvantages attending this mode of conveyance, were before referred to (h). (a) 4 Cruise, T. 32 ch. 9, secs. 25, 26; Smith Rl. Prop. 3 ed. 656. (b) Smith Rl. Prop., 3 ed. 656. (e) Smith Rl. Prop., 3 ed. 656. (c) Id. (ƒ) See the language of the Act, ante p. 90. (d) Ante p. 51. (h) Ante pp. 49, 50. CON. STAT. CH. 91. An Act respecting short forms of Conveyances. the second the same ef 1. When a deed made according to the forms set forth in the Where words first Schedule to this Act, or any other deed expressed to be made of column 1 of in pursuance of this Act, or referring thereto, contains any of the Schedule are forms or words contained in column one of the second Schedule employed, the hereto annexed, and distinguished by any number therein, such deed to have deed shall be taken to have the same effect, and be construed as fect as if the if it contained the form of words contained in column two of the words in column 2 were same Schedule, and distinguished by the same number as is aninserted. nexed to the form of words used in the deed; but it shall not be necessary, in any such deed, to insert any such number. 9 V. c. 6, s. 1. 2. Any deed or part of a deed, which fails to take effect by Deeds failing virtue of this Act, shall, nevertheless, be as effectual, to bind the to take effect under this Act parties thereto, so far as the rules of law and equity will permit, to be as valid as if this Act had not been made. 9 V. c. 6, s. 4. as if Act not made. Deed to in clude all hou and all the 3. Every such deed, unless an exception be specially made therein, shall be held and construed to include all houses, outhouses, edifices, barns, stables, yards, gardens, orchards, commons, ses, &c., and trees, woods, underwoods, mounds, fences, hedges, ditches, ways, the reversion, waters, water-courses, lights, liberties, privileges, easements, estate, &c. profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to the lands therein comprised, belonging or in any wise appertaining, or with the same demised, held, used, occupied and enjoyed, or taken or known as part or parcel thereof; and if the same purports to convey an estate in fee, also the reversion or reversions, remainder and remainders, yearly and other rents, issues and profits of the same lands, and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever, both at law and in equity, of the grantor in, to, out of, or upon the same lands, and every part and parcel thereof, with their and every of their appurtenances. 9 V. c. 6, s. 2. Construction of Act. Remunera under the Act 4. In the construction of this Act, and the Schedules thereto, unless there be something in the subject or context repugnant to such construction, the word "lands" shall extend to all freehold tenements and hereditaments, whether corporeal or incorporeal, or any undivided part or share therein, respectively; and the word "party" shall mean and include any body politic or corporate or collegiate as well as an individual. 9 V. c. 6, s. 5. 5. In taxing any bill for preparing and executing any deed tion for deeds under this Act, the taxing officer, in estimating the proper sum not to be by to be charged therefor, shall consider not the length of such deed, but the skill and labour employed and responsibility incurred in the preparation thereof. 9 V. c. 6, s. 3. length only. Schedules, 6. The Schedules, and the directions and forms therein contained, shall be deemed parts of this Act. 9 V. c. 6, s. 6. THE FIRST SCHEDULE. This Indenture, made the thousand eight hundred and day of one " in pursuance of the Act to facilitate the conveyance of real property, between (here insert names of parties and recitals, if any,) Witnesseth, that in consideration of dollars, of lawful money of Canada, now paid by the said (grantee or grantees) to the said (grantor or grantors (the receipt whereof is hereby by him (or them) acknowledged,) he (or they) the said (grantor or grantors) doth (or do) grant unto the said (grantee or grantees) his (or their) heirs and assigns for ever, all, &c., (parcels.) (Here insert covenants, or any other provisions.) In witness whereof, the said parties hereto have hereunto set their hands and seals. THE SECOND SCHEDULE. DIRECTIONS AS TO THE FORMS IN THIS SCHEDULE. In cases of Sale and Conveyance of Real Property. 1. Parties who use any of the forms in the first column of this Schedule, may substitute for the words " covenantor" or covenantee," or "releasor" or " releasee," "grantor" or "grantee," any name or names, and in every such case, corresponding substitutions shall be taken to be made in the corresponding forms in the second column. 2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column. 3. Such parties may introduce into, or annex to, any of the forms in the first colnmn, any express exceptions from, or other express qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 4. Such parties may add the name or other designation of any person or persons, or class or classes of persons, or any other words, at the end of form two, of the first column, so as thereby to extend the words thereof to the acts of any additional person or persons, or class or classes of persons, or of all persons whomsoever; and in every such case the covenants two, three and four, or such of them as may be employed in such deed, shall be taken to extend to the acts of the person or persons, class or classes of persons, so named. COLUMN ONE. 1. The said covenants COLUMN TWO. 1. And the said covenantor doth hereby, for him(covenantor) self, his heirs, executors and administrators, covenwith the said ant, promise and agree, with and to the said (covenantee). covenantee, his heirs and assigns, in manner following, that is to say: 2. That he has the right to convey the said lands to the said (cove nantee) not withstanding any act of the said (covenantor.) 3. And that 2. That for and notwithstanding any act, deed, matter or thing by the said covenantor, done, executed, committed, or knowingly or wilfully permitted or suffered to the contrary, he, the said covenantor, now hath in himself good right, full power, and absolute authority, to convey the said lands and other the premises hereby conveyed, or intended so to be, with their and every of their appurtenances, unto the said covenantee, in manner aforesaid, and according to the true intent of these presents. 3. And that it shall be lawful for the said covenanthe said (core tee, his heirs and assigns, from time to time and at nantee) shall have quiet all times hereafter, peaceably aud quietly to enter possession of upon, have, hold, occupy, possees and enjoy the said the said lands. land and premises hereby conveyed, or intended so |