when the Intent and Meaning of it is obferved. Lit. Sect. 25-2. 3 Rep. 64, 282. 8 Co. 90.

If a Feoffment be made on Condition, That if the Feoffor and A. B. pay a Sum of Money at a Time to come, the Feoffinent fhall be void; and before the Day the Feoffor die, and A. B. pays the Money: This is a good Performance of the Condition; but if the Feoffor be living, contra. Co. Lit. 219.

As no Man may create or annex a Condition to an Estate, but he that doth create the Eftate itself; fo neither can a Man give or referve the Power, Title, or Benefit of Reentry, and Avoidance of an Estate upon the Breach of a Condition to any other but to him or them, or at leaft to one of them, that doth make the Eftate, his or their Heirs, Executors and Adininiftrators, &c. For it is a Rule of the Common Law, That none may take Advantage of a Condition, but Parties and Privies, in Right and Representation, as Heirs, Executors, &c. of Natural Perfons, and the Succeffors of Politick Perfons: And that nei. ther Privies or Affigns in Law, as Lords by Efcheat; nor in Deed as Grantees of Reverfions; nor Privies in Eftate, as he to whom a Remainder is limited, fhall take Benefit of Entry or Re-entry, by Force of a Condition. Perk. Sect. 830, &c. Plowd. 175, 488, &c. Dyer 131. 3 Co. 62, 347. 5 Co. 56. Co. Lit. 214, 215.

And notwithstanding the Statute of 32 Hen. 8. cap. 34. Privies in Blood, as an Heir, fhall take Advantage of a Condition, though no Eftate defcend to him from the Anceftor: So alfo the Law is the fame, as touching Privies in Right and Reprefentation; for Executors and Administrators fhall take Advantage of a Con

dition now as heretofore: And the Law is the fame, touching Privies in Law, for they fhall no more take Advantage of a Condition now than heretofore. Co. Lit. 202.

But as touching Grantees in Reverfion and Privies in Estate, there is fome Alteration made by the Statute of 32 Hen. 8. cap. 34.

The Statute provides, That all Perfons which fhall have any Grant of the King, of any Reverfion, &c. of any Land, &c. which pertained to Monafteries, &c. As alfo all other Perfons, being Grantees or Affignees, &c. to or by any other Perfon or Perfons, and their Heirs, Executors, Succeffors, and Affigns, fhall have like Advantage against the Leffees, &c. by Entry for Non-payment of Rent, or for doing Waste, or for other Forfeiture, c. as the faid Leffors or Grantors themselves, ought or might have had.

He who comes to the Reverfion by Fine, Feoffment, Grant, Limitation of Ufe, Common Recovery, or Bargain and Sale, is fuch a Grantee as is within the Intendment of the Statute.

Where the Statute doth fpeak of Leffees, &c. it doth not extend to Gifts in Tail; and therefore, if a Gift in Tail be upon Condition, and after the Donor doth grant the Reversion, this Grantee fhall never have any Benefit of this Condition.

A Grantee of Part of the Land in Reverfion cannot take Advantage of a Condition by this Statute. 5 Co. 112, 113. Co. Lit. 214. Such Grantees as fhall have Advantage by this Statute, must be compleat Grantees. 5 Co. 113, 114. 8 Rep. 92.

Altho

when the Intent and Meaning of it is obferved. Lit. Sect. 25-2. 3 Rep. 64, 282. 8 Co. 90.

If a Feoffment be made on Condition, That if the Feoffor and A. B. pay a Sum of Money at a Time to come, the Feoffinent fhall be void; and before the Day the Feoffor die, and A. B. pays the Money: This is a good Performance of the Condition; but if the Feoffor be living, contra. Co. Lit. 219.

As no Man may create or annex a Condition to an Estate, but he that doth create the Eftate itself; fo neither can a Man give or referve the Power, Title, or Benefit of Reentry, and Avoidance of an Eftate upon the Breach of a Condition to any other but to him or them, or at leaft to one of them, that doth make the Eftate, his or their Heirs, Executors and Adininiftrators, &c. For it is a Rule of the Common Law, That none may take Advantage of a Condition, but Parties and Privies, in Right and Representation, as Heirs, Executors, &c. of Natural Perfons, and the Succeffors of Politick Perfons: And that nei. ther Privies or Affigns in Law, as Lords by Ef cheat; nor in Deed as Grantees of Reverfions; nor Privies in Eftate, as he to whom a Remainder is limited, fhall take Benefit of Entry or Re-entry, by Force of a Condition. Perk. Sect. 830, &c. Plowd. 175, 488, &c. Dyer 131. Co. 62, 347. 5 Co. 56. Co. Lit. 214, 215. And notwithstanding the Statute of 32 Hen. 8. cap. 34. Privies in Blood, as an Heir, fhall take Advantage of a Condition, though no Eftate defcend to him from the Anceftor: So alfo the Law is the fame, as touching Privies in Right and Reprefentation; for Executors and Administrators fhall take Advantage of a Con

3

0

t

e

dition now as heretofore: And the Law is the fame, touching Privies in Law, for they fhall no more take Advantage of a Condition now than heretofore. Co. Lit. 202.

But as touching Grantees in Reversion and Privies in Eftate, there is fome Alteration made by the Statute of 32 Hen. 8. cap. 34.

The Statute provides, That all Perfons whichfhall have any Grant of the King, of any Reverfion, &c. of any Land, &c. which pertained to Monafteries, &c. As alfo all other Perfons, being Grantees or Affignees, &c. to or by any other Perfon or Perfons, and their Heirs, Executors, Succeffors, and Affigns, fhall have like Advantage against the Leffees, &c. by Entry for Non-payment of Rent, or for doing Waste, or for other Forfeiture, c. as the faid Leffors or Grantors themselves, ought or might have had.

He who comes to the Reverfion by Fine, Feoffment, Grant, Limitation of Ufe, Common Recovery, or Bargain and Sale, is fuch a Grantee as is within the Intendment of the Statute.

Where the Statute doth speak of Leffees, &c. it doth not extend to Gifts in Tail; and therefore, if a Gift in Tail be upon Condition, and after the Donor doth grant the Reverfion, this Grantee shall never have any Benefit of this Condition.

A Grantee of Part of the Land in Reverfion cannot take Advantage of a Condition by this Statute, 5 Co. 112, 113. Co. Lit. 214. Such Grantees as fhall have Advantage by this Sta, tute, must be compleat Grantees. 5 Co. 113, 114. 8 Rep. 92.

Altho

Altho' the Words of the Statute be general; yet Grantees and Affignees fhall not take Benefit of every Forfeiture by Force of a Condition, nor yet of all Conditions, but only fuch as are inherent (viz.) fuch as are either incident to the Reverfion, as for Payment of Rent, or for the Benefit of the Eftate, as for Reftraining of Wafte, for making of Reparations, making of Fences, fcowring of Ditches, preferving of Woods, and the like. Co. Lit. 214. Dyer 309.

Such Conditions as are on the Part of Leffor, it feems, are not within this Statute: Therefore, if one make a Leafe for Years on Condition, that if the Leffor, his Heirs or Affigns, pay a Sum of Money to the Leffee, at Michaelmas, the Leafe to be void, and the Leffor doth grant the Reverfion to a Stranger before the Day, it is faid, the Grantee shall not take Advantage of this, but the Condition is gone.

Regularly, where one will take Advantage of a Condition, if he may enter, he must enter, and when he cannot enter, he must make a Claim; for an Eftate of Freehold, or Inheritance, will not ceafe without Entry or Claim; and he that is to have Advantage by the Condition, may wave this Advantage, if he will, and untill fuch Entry or Claim made, the Party that should enter, can make no good Eftate of the Thing to any other. Co. Lit. 218, 237..

But though it be fo upon a Leafe for Life, or greater Eftate, yet it is not fo upon a Leafe for Years; for if it be made on Condition, that upon fuch a Contingency, the Eftate fhall ceafe, or the Leafe fhall be void, in this Cafe

when