same session, and were to come into operation on the same day, are repugnant to each other, that which last received the royal assent must prevail, and be considered pro tanto a repeal of the other. 2 B. & Adol. 818. See also Paget v. Foley,

2 Bing. N. S. 679.

The student is referred to the two tables in the following pages, which may assist him in understanding the effect of the statute of uses, in the various forms of conveyance which do, and which do not operate by transmutation of possession or seisin; the intention being, in the following example, No. 1., that under each of these modes of conveyance the seisin should be in A., the use or legal estate in B., and the trust estate or equitable ownership in C., so that they may take the same interests, or stand in the same character in each conveyance.

In the table No. 2., the student will see the different effects under the statute upon the interests of the persons taking under a limitation to A. and his heirs, to the use of B. and his heirs, to the use of or in trust for C. and his heirs, by a declaration of the uses of a fine or recovery, by a feoffment, lease and release, grant, bargain and sale, covenant to stand seised, and an appointment.]

CHAP. XXI.

Butl. n. (1.) to
Co. Litt. 342 b.

OF POWERS.

A POWER is an authority expressly reserved & add.n. to 271. to the grantor, or expressly given to another, to Booth's Opin. be exercised over lands, &c. granted or conveyed at the time of the creation of such power.*

at the end of Touchst, and 1 Coll. Jurid.

It is either a common law authority, or (in the more usual sense) an authority deriving its effect from the statute of uses. It is of the latter kind that the author treats in this chapter. Of the former may be instanced an authority to sell lands given to executors to whom no estate is devised, and the powers conferred by particular statutes, as the Land Tax Acts, the Act enabling the Remembrancer of the Exchequer to convey lands extended, &c.; and it has lately been decided, that if a will contain a general direction to sell land, and it is not stated by whom the sale is to be made, if the produce of the sale is to be applied by the executors in the execution of their office, they will be considered as having the power of sale, and will be enabled to make a good conveyance of the legal estate in fee without the concurrence of the testator's heir at law. Tylden v. Hyde, 2 Sim. & Stu. 238. Bentham v. Wiltshire, 4 Madd. 44. Sowarsby v. Lacy, [2 Sugd. V.& P. 4 Madd. 142. Patton v. Randall, 1 Jac. & W. 189. From 30, &c. ed. 9.] these cases it is inferred, that where real and personal estate is directed to be sold, and the money applied to purposes

Powers are either collateral, or relating to the land; and those relating to the land are either appendant (or annexed to the estate) or in gross.

Collateral powers are those which are given to strangers; that is, to persons who have neither a present nor future estate or interest in the lands.*

not necessarily connected with the executorial office, yet if the money arising from the sale of both estates be directed to form one consolidated fund, the produce of the real estate is inseparable from the produce of the personal estate; and as the latter is in its natural course to pass through the executors' hands, so therefore the produce of the real estate must be subject to the same administration, and of a consequence that this loose devise not only empowers the executors to sell, but also to convey the legal estate in the realty to a person in fee. It is also to be inferred, that if the testator had directed the residue of his landed property only to be converted into money, and the produce applied upon the above trusts, the heir at law, on whom the legal estate would have descended, would have been the proper person to make the sale; in short, that he would have taken the estate clothed with a trust for the objects described. In all cases of mere authorities, it is prudent to obtain the concurrence of the testator's heir at law, if he can be prevailed on to join in the conveyance.

* Collateral powers (correctly defined by the Author) are by some called powers simply collateral,' or 'powers not coupled with an interest,' or 'powers not being interests.' These terms have been adopted, to obviate the confusion arising from the circumstance, that powers in gross have been by many called 'powers collateral;' an instance of which occurs in Savile v. Blacket, 1 P. Wms. 777.