case BERRIS against bowyer a lease make by a assignee of commissioner of  bankrupt of the bankrupt land before the deed of assignment be enrol be void  Jo SC vent SC Jones S c skin trespass commissioner of bankrupt assign land to  c by deed indent the assignee make a lease of part of the land before  enrolment and then the deed be enrol the question be if the lease be good  argue that the deed of assignment be good without enrolment and that in plead  they need only show the assignment and not the enrolment and this case be  compare to that of attornment and that the enrolment shall have relation and  there be cite the case of bankrupt a Dimacks case b hall v Dewe c and  Bellingham v Alsop d Mr north e contra the case of relation in the king grant  be not the same with this here be not any time limit by the statute e when the  enrolment shall be make and if the estate shall pass by the deed the enrolment  may be forty year after as to the case of bankrupt in   that be of good which  be transitory this be of land in fee the word of the Act be land tenement and  freehold shall be sell by deed enrol and by any other construction this word  enrol apprentice for seven year though not in England or Wales even beyond the  sea be sufficient to exempt the trader from the restraint of this statute king  v fox salk but it seem that it must be to a trade use in England or Wales on  the that January the day on which this Act pass king v Lister stram king v  Munro bar h b see also roll Rep vent burn Inst Bl Com and Consts edition of  bott poor law vol   a see the statute Henry c a   b hob c latch d cro James e  the enrolment of the deed of assignment be direct by the statute Elizabeth c  James c and James c and by sect of this last statute it be enact that the  commissioner or the great number of they shall have power by deed indent and  enrol within six month after the make thereof to sell and convey c shower KB  er p will be void beside this be a power and authority give to the  commissioner and such ought to be strict pursue and this will prevent fraud  and double sale which shower KB be necessary to be avoid in case of bankrupt  Mr holt in Hilary term follow argue for the plaintiff to this effect a  enrolment be necessary and the law require it the sale be to be by deed enrol  before the statute of enrolments Henry c enrolment be necessary where a  conveyance be make by or to the king and also in case of a recognizance now in  these two case enrolment be necessary absolute necessary yet when it come it  take effect even from the first Act and not from the enrolment f now this be  by the commonlaw and why shall it not be so by Act of parliament it be common  to expound statute by the rule of commonlaw g how a bargain and sale by the  statute of bankrupt differ from the commonlaw I know not h Mr sander for the  defendant at this time the plaintiff title be not complete but say the  enrolment shall have relation to the first Act I say there be no need or  occasion to make a relation in this case for there be another manner of  relation beyond both videlicet to the time of the party become a bankrupt to  avoid all mesne conveyance and charge and to vest it in the same plight in the  assignee as it be in the bankrupt the statute say by deed enrol in one of the  court of record at Westminster and this enrolment may be seven year afterward  and the statute of bankrupt have not limit any time so that the party live it  may be enrol twenty year after and therefore relation will be unreasonable the  case at commonlaw make nothing to this for first in that case of the king the  thing passes by the king prerogative and the party interest seal the deed be  all his work and the laches of the king officer shall not prejudice he but it  shall pass present now none can say the commissioner have any interest and in  Litt grant and attornment be both necessary and nothing passes without both  the grant shower KB be not complete without both then as to the case of  recognizance that be by reason of the commonlaw which say that a judicial act  do by a judge shall be good from the time of the act do and the enrolment be  only for the ease of the clerk for the case of a bargain and sale I be sure it  have be doubt whether a bargainee shall be such a tenant as to maintain a  action before entry before enrolment I say it have be doubt the commissioner  have bare a authority the bargainee can be say to be in by the bankrupt nor  bare by the commissioner whereas in case of a will the devisee come in by the  devisor though the executor or trustee do convey this rather be like a  forfeiture it be say by all the court that in the case of Bellinger v Alsop I  the opinion of the two against the three have be hold the current opinion  although the case of Isham v morris king be otherwise I question if a bargain  and sale may not make a good tenant to the praecipe before enrolment and if  tenant in tail become a bankrupt and the commissioner assign the land by  bargain and sale and the bargainee suffer a recovery and then there be a  enrolment quaere if the recovery be good l it be say by Mr Polloxfen that a  use will not pass by parole without deed m but Pemberton chief justice say it  will be a good chancery use or trust if for money Adjornatur in easter term  follow it be adjudge by all the court that enrolment be necessary before any  thing can pass by such deed of assignment or bargain and sale from the  commissioner n f needle case hob see also Inst Owen cro James g more v Hussey  hob bk of entry h Bellingham v Alsop Noy SC Inst SC and Mallery v Jennings  Inst I cro James SC Noy SC Inst SC and king cro car hetley see more cro  Elizabeth Inst m Inst Poph Leon n see the case of Bennet v gaudy Carth where  it appear by a special verdict in ejectment bring by assignee of commissioner  of bankrupt that the shower KB er p