SETTLEMENTS. LECTURE I. THE subject of the present course of Lectures is the Uses. Sect. 1. The law relating to the settlement of real estates is a very important branch of the Law of Real Property. Settlements, as now made, depend for their effect entirely upon the Statute of Uses (a). In a former Lecture I stated at length the first and most important section of this statute (b). It enacts shortly that where Statute of any person is seised of lands to the use, confidence or trust of any other person, or of any body politic, by any means whatsoever, then the persons and bodies politic that have the use, confidence or trust, shall be deemed and adjudged in lawful seisin, estate and possession, of and in the same lands, to all intents, of such estates as they had in the use, trust or confidence. And the section then goes on to provide, that the estate, title, right and possession that were in the person seised of the lands to the use, confidence or trust of such persons, or any body politic, shall be thenceforth deemed to be in them that have or shall have such use, confidence or trust, after such manner, form and condition as they had before in the use, confidence or trust. In a former Lecture I explained the use that was Lease and remade of this statute in the ordinary mode of conveyance lease. (a) Stat. 27 Hen. VIII. c. 10. (b) Lectures on the Seisin of the Freehold, pp. 137–140. W.S. B by lease and release, which for many years prevailed in this country (c). A bargain and sale for a year made the vendor a trustee of the lands so bargained and sold for the vendee, for the term of one year; and the statute thereupon put the vendee in actual possession, for the term of one year, and so enabled him to receive a release of the inheritance. For a release of the inheritance could only be made, by the common law, to a person who was in actual possession of the land released. As this Statute of Uses is the foundation of the whole system of modern conveyancing, and particularly of that part which relates to settlements, it is of the utmost importance that you should have a clear idea of the effect and operation of this statute. I propose, therefore to devote the present and next four Lectures to a further explanation of its meaning and effect. The statute, you will see, speaks only of persons seised Corporation. to any use, confidence or trust. Now a corporation or body politic is not a person; it follows, therefore, that a corporation cannot stand seised to a use, within the meaning of this statute (d):-that is to say, that if lands are given to a corporation, to the use of or upon trust or confidence for A., his heirs and assigns, the statute will not execute or act upon the use, confidence or trust so declared; but the corporation will still be seised of the legal estate and will hold it upon an equitable trust for A. in fee. If the statute had executed the use, confidence or trust, then the legal estate would have been taken out of the corporation, and vested in A. in fee. A fine distinction was, however, taken in an old case (e), that although a corporation could not take (c) Lectures on the Seisin of the Freehold, pp. 145-147. (d) Sugden's note to Gilbert on Uses, p. 8. (e) Sir Thomas Holland and Bonis' case, 3 Leo. 175; Sugden's note to Gilbert on Uses, p. 9. convey by lease and re lease. an estate to another's use, they might charge their own possessions with a use to another, and therefore could convey by bargain and sale. But this refinement was not followed in practice (f). It was generally con- Corporation sidered that a corporation could not convey lands by could not lease and release; and that the bargain and sale by the corporation for one year would not be executed or turned into a legal estate in possession for one year, by the Statute of Uses; but would give only an equitable estate for that period. So that the bargainee would not thereby get a sufficient actual possession to enable him to receive a release of the inheritance. But you will observe that the words "bodies politic" are used in that part of the statute which relates to those who have the use, confidence or trust. It says that where any person is seised of land, to the use, confidence or trust of any other person, or of any body politic, then the person and bodies politic that have any such use, confidence or trust, shall be deemed in lawful seisin, estate and possession. It follows from this, that if land be conveyed to A. and his heirs, to the use of a corporation, the statute executes or acts upon this use, and the seisin of A. is instantaneous merely; for the moment he obtains seisin, it is the same moment taken away from him by the operation of the statute, and vested in the corporation. The legal estate in fee simple by this means becomes vested in the corporation, as effectually as if it had been directly conveyed to the corporation by feoffment, fine or otherwise. The same result would of course follow if lands were conveyed to A. and his heirs in trust for the corporation. Whether the word used be use, or whether it be trust, the effect is the same (g). In either case, when the statute executes the use or trust, he that has the use or trust has the legal (f) 2 Prest. Conv. 255. (g) Doe d. Terry v. Collier, 11 East, 377. |