or corporation intitled to the uſe in fee-ſimple, fee-tail, for life, or years, or otherwiſe, ſhall from thenceforth ſtand and be ſeiſed or poſſeſſed of the land, &c, of and in the like eſtates as they have in the uſe, truſt, or confidence; and that the eſtate of the perſon ſo ſeiſed to uſes ſhall be deemed to be in him or them that have the uſe, in ſuch quality, manner, form, and condition, as they had before in the uſe." The ſtatute thus executes the uſe, as our lawyers term it; that is, it conveys the poſſeſſion to the uſe, and transfers the uſe into poſſeſſion: thereby making ceſtuy que uſe complete owner of the lands and tenements, as well at law as in equity.
The ſtatute having thus, not aboliſhed the conveyance to uſes, but only annihilated the intervening eſtate of the feoffee, and turned the intereſt of ceſtuy que uſe into a legal inſtead of an equitable ownerſhip; the courts of common law began to take cognizance of uſes, inſtead of ſending the party to ſeek his relief in chancery. And, conſidering them now as merely a mode of conveyance, very many of the rules before eſtabliſhed in equity were adopted with improvements by the judges of the common law. The ſame perſons only were held capable of being ſeiſed to a uſe, the ſame conſiderations were neceſſary for raiſing it, and it could only be raiſed of the ſame hereditaments, as formerly. But as the ſtatute, the inſtant it was raiſed, converted it into an actual poſſeſſion of the land, a great number of the incidents, that formerly attended it in it's fiduciary ſtate, were now at an end. The land could not eſcheat or be forfeited by the act or defect of the feoftee, nor be aliened to any purchaſor diſcharged of the uſe, nor be liable to dower or curteſy on account of the ſeiſin of ſuch feoffee; becauſe the legal eſtate never reſts in him for a moment, but is inſtantaneouſly transferred to ceſtuy que uſe, as ſoon as the uſe is declared. And, as the uſe and the land were now convertible terms, they became liable to dower, curteſy, and eſcheat, in conſequence of the ſeiſin of ceſtuy que uſe, who was now become the terre-tenant alſo; and they likewiſe were no longer deviſable by will.
