Bargain  and  Sale.  63

*

But  it  should  seem  that  a  covenant  may  be  contained
in  a  bargam  and  sale,  on  the  part  of  the  bargainee,  which
will  raise  a  use  out  of  his  legal  estate  upon  a  future
event  Thus  if  a  bargainee  covenant  that  upon  pa3mQient
of  a  sum  to  him  he  will  stand  seised  to  the  use  of  the
bargainor  and  his  heirs ;  the  payment  of  the  money  will,
it  should  seem,  raise  the  use/  But  in  this  case,  the
original  bargain  and  sale,  and  the  covenant  contained  in
it,  must  be  considered  as  two  conveyances,'  founded  upon
distinct  pecuniary  considerations ;  and,  consequently,  I
conceive,  there  should  be  two  inrolments.'

*(8.)  A  bargain  and  sale  is  one  of  those  harm-  r^aA-x
less  conveyances  which  operate  merely  upon  what  ^  ^
the  grantor  may  lawfully  convey.  It  therefore  cannot
work  a  discontinuance,^  create  a  forfeiture,^  nor  destroy
contingent  remainders  dependent  upon  a  particular  estate.'
But  it  is  settled,  that  if  a  tenant  in  tail  convey  in  fee  by
bargain  and  sale,  the  bargainee  has  a  base  fee  determina-
ble upon  the  death  of  tenant  in  tail  by  the  entry  of  the
issue.^

(9.)  The  Statute  of  Inrolments  requires  that  the  bar-
gun  and  sale  should  be  by  deed  indented,'  and  that  the
inrolment  of  the  deed  should  be  in  parchmerU^  within
six  lunar*  months  from  the  ^datSy^  if  the  deed  r^egei
have  a  date ;  but  if  not,  then  from  the  delivery.^  ^       -*

«  See  Moor,  36,  pi.  116,  DaliB,  38.
