Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/355

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Ch. 20.
of Things.
339

provide againſt, all the conſequences of innovations! This omiſſion has given riſe to

14. A fourteenth ſpecics of conveyance, viz. by leaſe and releaſe; firſt invented by ſerjeant Moore, ſoon after the ſtatute of uſes, and now the moſt common of any, and therefore not to be ſhaken; though very great lawyers (as, particularly, Mr Noy) have formerly doubted it's validity[1]. It is thus contrived. A leaſe, or rather bargain and ſale, upon ſome pecuniary conſideration, for one year, is made by the tenant of the freehold to the leſſee or bargainee. Now this, without any enrollment, makes the bargainor ſtand ſeiſed to the uſe of the bargainee, and veſts in the bargainee the uſe of the term for a year; and then the ſtatute immediately annexes the poſſeſſion. He therefore, being thus in poſſeſſion, is capable of receiving a releaſe of the freehold and reverſion; which, we have ſeen before[2], muſt be made to a tenant in poſſeſſion: and accordingly, the next day, a releaſe is granted to him[3]. This is held to ſupply the place of livery of ſeiſin; and ſo a conveyance by leaſe and releaſe is ſaid to amount to a feoffment[4].

15. To theſe may be added deeds to lead or declare the uſes of other more direct conveyances, as feoffments, fines, and recoveries; of which we ſhall ſpeak in the next chapter: and,

16. Deeds of revocation of uſes; hinted at in a former page[5], and founded in a previous power, reſerved at the raiſing of the uſes[6], to revoke ſuch as were then declared; and to appoint others in their ſtead, which is incident to the power of revocation[7]. And this may ſuffice for a ſpecimen of conveyances founded upon the ſtatute of uſes; and will finiſh our obſervations upon ſuch deeds as ſerve to transfer real property.

  1. 2 Mod. 252.
  2. pag. 324.
  3. See appendix. №. II. §. 1, 2.
  4. Co. Litt. 270. Cro. Jac. 604.
  5. pag. 335.
  6. See appendix. №. II. pag. xi.
  7. Co. Litt. 237.
T t 2
Before