fee fail of Payment at the Day, that then it fhall be lawful for me to re-enter.

A Condition implied, or Condition in Law, is when a Man grants to one the Office to be Keeper of a Park, Steward, Bayliff, or fuch like, for Term of Life; here the Law implieth a Condition, That if he doth not truly and faithfully execute his Office, then it fhall be lawful for the Grantor to discharge him thereof.

And where an Estate is made for Life or Years of Land, there is a tacit Condition implied, That if the Leffee commit Waste, or makes a Feoffment of the Land, he forfeits his Eftate, and the Leffor fhall enter.

And all Conditions are either precedent and going before the Estate, and are executed; or elfe they are fubfequent and following after the Eftate, and are to be executed.

The Condition precedent doth gain the Thing or Eftate made upon fuch Condition, by the Performance of the fame: As when an Estate. is made to a Man for Life, upon Condition, That if the Leffee for Life will pay to the Lef for fuch a Sum of Money at fuch a Day, then he fhall have Fee-Simple. Here the Condition precedes, and goes before the Eftate in Fee Simple, and upon Performance of the Condition, the Leffee doth gain and get the FeeSimple, if Livery and Seifin be made. Co. Lit. 201. 8 Co. 43.

A Condition fubfequent doth keep and Continue the Thing or Eftate made upon Condition by the Performance thereof: As when one grants to A. B. his Manor of G. in Fee-Simple, upon Condition, That the Grantee fhall pay to him at fuch a Day fuch a Sum, or else that his Eftate fhall ceafe. Here the Condition

is fubfequent, and following the Estate in FeeSimple, and upon the Performance thereof doth preferve and continue the Eftate. A Condition runs always with the Eftate, and binds in whomfoever's Hands it comes. Lit. Rep. 39.

A fubfequent Condition is to be taken ftrictly, and must have proper Words, but a prece dent Condition may not. Lit. 330. 1 Inft. 103. Lit. Sect. 301. Jones, Spring and Cafar, fol. 389.

"

Conditions precedent or fubfequent to the Eftate, are or may be Affirmative, Negative, Collateral, Inherent, Reftrictive, Compulfory, Single, Copulative and Disjunctive, and make the Estate whereto they are annexed void without, or voidable by Entry or Claim, and tend to make and enlarge, or deftroy, or to clog Eftates.

A Condition to reftrain a Man from doing that which is incident to his Eftate, as for reftraining Tenant in Tail from Levying a Fine, according to the Statute, or fuffering a Recovery, is void.

For the moft Part, Conditions have Conditional Words in their Beginning, as, Provided al ways, Sub Conditione, &c. And when the Word Provifo maketh a Condition, it must have these three Qualities.

It must not depend upon another Sentence, or have Reference to any other Part of the Deed; for if it do, then it is but a Qualification or Limitation of the Sentence, or of that Part of the Deed: As,

Provided that the Perfon of the Grantee fhall not be charged, &c.

It must be the Word of the Bargainor, Feoffor, Donor, Lefior, &c.

It must be Compulfory, to inforce the Bar-, gainee, Feoffee, Donee, Leffee, &c. to do an Act: If it compel the Feoffor, &c. to do fomething, then it is only a Covenant.

And where thefe Things concur in a Provifa, it doth make a Condition in whatsoever Place it is inferted.

Sometimes the Word Provided doth make a Condition, fometimes a Covenant, fometimes an Exception; fometimes it is taken for a Refervation, and fometimes for an Explanation. Ast for Example:

When a Leffor letteth Lands, provided that the Leffee fhall not alien without the Affent of the Leffor, under Pain of Forfeiture: Here it is a Condition.

If a Man Lease a House, and the Leffee covenant that he will Repair it, Provided always the Leffor is contented to find the great Timber: This Provifo is a Covenant.

If a Man Leafe his Houfe to another, Provided he will have a Chamber thereto belonging to himself: This Provifo is an Exception of the Chamber.

If I make a Leafe of Lands, rendring Rent at fuch Feafts as another fhall Name, Provided that the Feast of St. John Baptift fhall be one: Here the Provifo is taken for a Refervation. Co. 70. Poph. 117, 166. Goldfb. 130. pl. 27.

If a Man have two Manors, both of them named Dale, and he leafeth his Manor of Dale to one, Provided that he fhall have the Manor of Dale in the Occupation of A. B. This Provifo is an Explanation.

The Word Si doth not always make a Condition, for fometimes it makes a Limitation, as D 4 when

when a Leafe is made for Years, if fuch a one lives fo long.

And many Times in Leafes for Years, Conditions are made without any of these formal Words: As where the Leffee covenants, That if he, his Executors, &c. fhall alien, &c. that then it fhall be lawful for the Leffor to reenter; or if it happen the Rent be behind, that the Leafe fhall be void.

Or otherwise, It is agreed between the Parties, that if the Leffee do not pay a Sum of Money to the Leffor at fuch a Time, that from thenceforth the Leafe fhall be void, and the like: Or that it fhall not be lawful for the Lef fee to alien without Licence of the Leffor, under Pain of Forfeiture.

But in Cafes of Feoffments in Fee, Gifts in Tail, and Leafes for Life, the precife and formal Words of a Condition are requifite. Co. Lit. 204. Dyer 65, 138.

Tenant by Courtefy, Tenant in Tail after Poffibility of Iffue extinct, Tenant in Dower, Tenant for Life, Tenant for Years, by Statute or Elegit, do hold their Eftates fubject to a Condition in Law; fo that if either of them alien his Land in Fee, or claim a greater Estate in a Court of Record than his own, he doth forfeit his Eftate, and he in Remainder or Reverfion may enter. Co. Lit. 233. 8 Rep. 44.

Such Conditions annexed to Eftates as go in Defeazance, and tend to the Deftruction of an Estate, are taken ftrictly, and fhall not be extended beyond their Words, unless it be in fome fpecial Cafes, Co. Lit. 219. 8 Co. 90.

If the Time of performing a Condition be limited, it must be duly obferved; but if no Time be fet down for the doing of it, there

regularly

regularly the Party that is to do the Thing fhall have Time to do it during Life, unless he be requested to do it fooner by the other Party, and fixes the Time upon his Request, then it must be done at that Time; and if upon his Request he fixes no Time, it must be done in a convenient Time after the Requeft; and in thefe Cafes, the Condition cannot be broken without Requeft. See Perk. Sect. 155, 779, 787, 788, 789, &c. Dyer 311. 2 Co. 79. 6 Ca. 31. Co. Lit. 208, 209, 219.

And in cafe where a Place is fet down for the doing of the Thing, it must be done at that Place, unless the Parties afterwards agree, and appoint another Place, otherwife the Condition is not performed, and the Parties are not bound to attend in any other Place.

But where there is no Place fet down, and the Thing to be done be a corporal Service, as to pay Money, or the like; the Party to do it muft at his Peril feek out the Perfon to whom it is to be done, if he be within the Kingdom, otherwise not..

And if the Thing to be done be local; that is, fuch a Thing as must be done in or at a Place certain, as the making of a Feoffment of Land, Payment of Rent, or the like; in fuch Cafe the Thing is to be done at that very Place, and a Tender of doing it in that Place is a fufficient Performance of the Condition. Lit. Sect. 343, 345. Co. Lit. 210, 211, 213. Bro. Cond. 60.

In fome Cafes a Condition it's faid may be performed, and not the Intent, and fometimes the Intent, and not the Words; but for the moft Part a Condition is faid to be performed

when