Lands given, To bold to a Man and his Affigns, or to a Man only, and not mentioning what Time, and Livery and Seifin made, creates an Eftate for the Life of the Donee; but if no Livery and Seifin be made, then it creates only an Eftate for the Term or Eftate of the Grantor, if he be a Leffee; and if he be not a Leffee, only an Eftate at Will of the Grantor.

Lands granted to a Man, To hold for ever, is only during his Life by Deed, for 'tis the Word Heirs makes it a Fee Simple. But fuch a Bequeft by Will may extend to the Heirs alfo.

Leafe granted, To bold from the Date, begins the next Day after; but if it be, To bold from henceforth, it commences from the very Day of the Date: and if no Time be mentioned for its Commencement, then it is understood to have Beginning from the Time of Delivery.

A Leafe granted, To hold for three Years, and fo from three Years to three Years during the Life of the Leffor, with Livery and Seifin, may be good during the Leffor's Life; but without Livery of Seifin it is only an Eftate for fix Years, or nine Years at fartheft.

A Man poffeffed of an Eftate for a Term of Years, grants it to A. B. To bold to him for his Life, and after his Deceafe to remain to C. D. In this Cafe the whole Term is granted to A. B. and his Executors and Affigns fhall have it, and not C. D. Contra by Will. And if one give or grant to another his Horfe, or his Books, &c. for Life, and after his Decease to remain to another the Remainder is void, and the firft fhall have it for ever; for the firft Gift or Grant of fuch a Thing for an Hour is a Gift of it for ever. But in Freeholds it is otherwise.

The

The next Thing is the Reddendum, which re- Reddendum. ferves fome new Thing to the Grantor that was not before, or abridges the Tenure of what was before; and it is termed an Adjunct proper to the Confequence of Inftruments, and is generally the Refervation of a Rent, Suit or Service, if any Thing be referved. Weft. Symb. Lib. 1. Sect. 55.

If a Rent be reserved, it must be out of a Meffuage, and where a Diftrefs may be taken. Noy. 69.

And the Heir fhall not have that which is reserved, if it be not reserved to him by special Words. Noy. 70.

If a Man makes a Feoffment of Lands, and referves any Part of the Profits thereof, as the Grafs, or the Wood, that Refervation is void, because it is repugnant to the Feoffment. Ibid.

Any Eftate in Fee, for Life, or Years, may be good without Refervation of Rent, except it be in cafe of Leafes made by Tenants in Tail of their intailed Land, Hufbands of their Wives Land, and Clergy-Men of the Church Land.

The Refervation must be of another Thing than what is granted, as of a Rent iffuing out of the Thing granted, and not any Part of the Thing itself granted: Nor can it be referved out of any other Thing than the Thing granted, or fome Part thereof.

This Refervation must be out of Lands, Houfes, or fome fuch like corporeal Thing, and cannot be made upon Fairs, Tythes, or any fuch like incorporeal Thing; nor can any one Rent be referved out of another.

And the Refervation must be made to him that maketh the Deed, or to one of them at the leaft, where there be two or more. Gran

tors, for it cannot be made to one that is a Stranger to the Deed.

Note further, It is faid, That a Refervation is always taken moft in Advantage of the Feoffee, Grantee, Leffee, &c. (but yet so as the Rent be paid during the Time;) fo that if the Refervation be only to the Feoffor, Grantor, Leffor, &c. and his Heirs, Executors, &c. left out, this Refervation fhall continue only for the Life-time of the Grantor, &c. and fhall determine with his Death: And the fame Law is where the Refervation is in the Disjunctive, as to the Feoffor, or his Heirs, it fhall continue only for the Feoffor's Life.

But if the Leffor or Feoffor be feized in Fee, and make a Leafe referving Rent to the Leflor or Feoffor, or his Heirs or Executors, during the Term, it is a good Refervation during that Term. Co. Lit. 47. 5 Rep. 111. 8 Co. 71. 10 Co.

106.

Yet in fuch Cafe, if the Words, his Heirs, &c. be left out, though the Words, during the Term, be added, it fhall only continue during the Life of the Grantor: But if he was poffeffed of a Term only, and make an Under-Leafe or Affignment, Quare.

If the Refervation be, Tielding and paying fo much Rent, without more Words, it fhall be taken for the whole Time of the Estate, and go to him in Reverfion accordingly.

And if it be, Rendring fo much Rent during the faid Term, and doth not fay to whom, it fhall extend to him in Reverfion during the Term. Vide Dyer 45. Plow. 171. 21 H. 7. 25. 27 H. 8. 19.

If a Rent be referved during the faid Term, omitting the Word Tearly; yet it fhall be taken to be yearly during the Term.

If a Leafe be made in June, rendring Rent at Lady day and Michaelmas; though Lady-day be firft named, yet the firft Payment fhall be at Michaelmas next after the making of the Deed. 5 Co. 111. Co. Lit. 217.

If the Rent be to be paid at Lady-day, or within twenty Days after, the twentieth Day fhall be taken exclufive; but if it be faid, by the Space of twenty Days after, it fhall be taken inclufive. 10 Co. 106.

If two Tenants in Common referve 20 s. Rent upon a Leafe, it fhall be but one 20s. and not two 20 s. and fo of the like. 10 Co. 106. Plow. 171, 289. But if they Grant fuch a Rent, contra.

And if Jointenants referve Rent upon a Lease to one of them, it fhall go to them both: But if Tenant for Life, and he in Reverfion, join in a Leafe for Life, or Gift in Tail by Deed, referving a Rent, it fhall enure to the Tenant for Life only during his Life, and after to him in Reverfion. Co. Lit. 214.

Refervations of Rent must be prefent, and not in futuro; muft be of Money, or fome Goods or Chattels in lieu of it, and not of any Profit of the Land, as the Herbage, &c. muft be to a Man's Self as makes it firit, and afterwards it may be to others: May be for paying one Rent one Year, and another Rent another Year, or to pay it once in two or three Years, &c. And in all thefe Cafes it will be good, otherwife it will be void.

A Condition is faid to be, when any Thing Condition, is referred to any incertain Chance, which may

D 2

happen

1

happen or not happen; and may be annexed
to any Eftate, whether in Fee-Simple, Fee-
Tail, for Life or for Years.

A Deed with a Condition in it, is good; and
where a Condition is neceffary, it may be pla-
ced in any Part of the Deed and be good, tho'
the moft ufual Place for it is after the Habendum
& Reddendum, if any, or at the latter End of

the Deed.

It may be contain'd in the fame Deed by 'which the Estate is made, or it may be contain'd in another Deed, fealed and delivered at the fame Time, when 'tis properly called a Defeazance; but it cannot be made nor referved to one that is a Stranger to the Deed, for it must be made by and reserved to one of the Partics that are Grantors in the Deed.

The Matter of your Condition must be lawful and poffible to be done, and confiftent with the Grant; for if it be unlawful or impoffible to be done, or repugnant to the Eftate, or incongruous in Reafon, with Reference thereto, it is void, and fometimes may make the Estate void alfo. Conditions that are impoffible are void; and the Eftate good: If an Estate be made, and the Condition be against Law, the Eftate is good, and the Condition void.

And there are two Sorts of Conditions, one expreffed by Words, of which I have been upon already, and is called a Condition in Deed; the other implied by Law, and called a Condition in Law.

A Condition in Deed, or exprefs Condition, is knit and annexed by exprefs Words to the Leafe or Grant: For Example; if I make a Leafe for Years, referving Rent to be paid at fuch a Feaft, upon Condition, That if the Lef

T

fee