when the Thing doth happen, the Leafe is ipfo Facto, void without Entry or Claim; but if the Condition fay that the Leffor fhall re-enter, there an Entry is needful to avoid the Eftate.

But in Cafe where a Man cannot make an Entry or Claim, there the Law will not compel him to it; as where he cannot enter, but muft ouft the Leffee of his Term.

Upon a Covenant to ftand feized to the Ufe of himself, and after to the Use of others, with Provifo of Revocation, &c. And after he doth revoke it; by this Means all the Eftates are revested in him without Entry or Claim.

It is generally true, That he that doth enter for a Condition broken, doth make the Eftate void ab initio; and that he fhall be in of the firft Eftate in the fame Manner and Form, as it was when he parted with the Poffeffion, and at the Time of making the Condition. Perk. Sect. 840. Plowd. 186, 482. 4 Co. 120.

And if a Man enter for Breach of a Condition in Law, he fhall avoid all Charges and Acts done after that Thing is done, which doth produce the Forfeiture; but he fhall not avoid any Thing done before that Time. Perk. Sect. 843, 444.

Co. Lit. 233, 234.

But Under-Tenants may have Remedy in Equity against covinous Practices: And if a Leafe be made for Life, the Remainder in Tail on Condition, in this Cafe, it the Condition be broken, both the Eftates be avoided. And fo of the like. Crompt. Jur. 64, 65. 10 Co. 41.

Yet this general Rule doth fail in divers Particulars; for which fee Perk. Sect. 242, 842, 843. Co. Lit. 202.

If a Condition be poffible in his Creation, and after become impollible by the Act of God, the Condition is difcharged and gone for ever, and the Eftate is abfolute; but if the Condition become fo impoffible in Part only, then it is difcharged for fo much only. Dyer 262. Co. Lit. 207, 219.

A Condition may not be divided by the A& of the Parties, but it may by Act of Law. 4 Co. 120. Co. Lit. 215.

It may be deftroyed in the Creation of it, or discharged by Matter ex poft facto; for which fee 2 Co. 59. 4 Co. 52. 7 Co. 14. 10 Co. 41. Dyer 309. Co. Lit. 218, 219, 265, 379. Perk. Se7. 163, 819, 820.

As if one make a Feoffinent in Fee upon Condition, and after, and before the Condition broken, makes an abfolute Feoffment, levies a Fine, or the like.

If the Feoffor or Leffor release to the Feoffee or Leffee, all Conditions, or all Demands in the Land, or confirm the Eftate of the Leffee To hold without Condition, the Condition is gone for ever. 1 Co. 147. Perk. Set. 823.

So by Grant of the Leffor of the Reverfion or Part after a Leafe for Life or Years, on Condition; and by a Leafe only of Part of it, the Condition is fufpended. 2 Co. 59. 4 Ca. 115. A Condition may be alfo extinct or fufpended by the Intermarriage of the Parties to the Condition. Perk. Sec. 763, 764, 765, 822. Alfo it may be gone for ever, upon a Licence from the Leffor to alien. 2 Co. 59,714. Dyer

309. 4 Co. 119. 5 Co. 34.

It may also be difcharged for a Time, tho' not destroyed, as by Diftrefs, Acceptance of Rent, &c. Co. Lit. 211. 3 Co. 64.

Condition

Condition to pay fo much Money yearly, for a Term of Years, Failure of any Payment is a Breach of the Condition, and a Forfeiture of the Eftate. Dyer 33.

An Heir takes Advantage of a Condition, although no Eftate defcend to him as if a Man be feized of Land in Right of his Wife, and he make a Feoffment in Fee upon it, upon Condition, and die, the Heir of the Hufband fhall enter for the Condition broken, but the Wife, or her Heirs, will enter upon him, and enjoy the Lands. Co. Lit. 202. 12.

Feoffor or Leffor, on Breach of a Condition for Payment of Money, or doing any A& wherein the Leffor hath Power to take the Profits of the Lands 'till the Money be paid, fuch Leffor, &c. may enter upon the Lands and hold it until fuch Payment; but on Payment the Leffee may enter and enjoy as before.

A Condition in Deed ought to be produced in Court to defeat a Freehold; but in Cafe of Chattels it is not abfolutely neceffary.

In Cafe of Settlements on Condition, if the Condition he not performed, the Settlement may be avoided, not only to him in Poffeffion, but to him in Reversion alfo: For when the Condition is broken, the whole Estate is defeated, unless it be specially limited, that he in Remainder may enter on Breach of the Condition.

Conditions are good to enlarge or limit Eftates, provided there be a precedent Eftate in Tail for Life or Years irrevocable, as a Foundation to erect the fubfequent Eftate upon. As if a Gift be made in Tail, or Leafe for Life or Years, on Condition fuch an A&t be done, the

Leffee

Leffee fhall have the Land to him and his Heirs; or if it be not done, the Leffor fhall have the Land again, or to pay Money, &c.

Conditions to create Eftates fhall have a favourable Expofition; but if the Condition be to destroy or restrain an Eftate,it will have the contrary Conftruction.

Conditions against Law, repugnant, tending to the Subverfion of the Eftate, for Impoffibility, to defraud the King in Cafe of Treafon, &c. are void; and in the laft Cafe the King is intitled, and his Title fhall be preferred. And if fuch a Condition be to go before the Eftate, the Estate and Condition are both void ; but if it be to follow the Eftate, the Eftate is abfolute, and the Condition void. Trin. 3 E 6. per Cur. Co. 1. 83. 6.43. Co. 9. 128.

One feized in Fee may make a Leafe for Life or Years, with Condition not to alien during the Term, or not to make voluntary Eftates by Copy; but in a Feoffment in Fee, fuch a Condition is void; and fo likewife where a Chattel is fold for the whole Term, or Intereft of the Grantor, fuch a Condition is void for Repugnancy, and the Gift or Sale is ab

folute.

Though where no Time is mentioned for Performance of a Condition in a Deed, the Grantee has Time generally during Life; yet if Lands be devifed by Will, on Condition to pay Money to a Person to whom the Teftator was indebted, and no Time is limited for performing the Condition; in this Cafe, he to whom the Land is given muft pay it as foon as demanded, or he doth forfeit the Land, and the Heir may enter. Co. Lit. 209, 208, 219. Co. 2. 79. 6. 31. Lit. 353. Plow. 30. Perk. Sect. 155,779, &c.

A

A Covenant is the Agreement of two or Covenant. more in one Thing, to give or do fomewhat. Weft. Part 1. Lib. 1. Sect. 4.

And there is a Covenant in Law, and a Covenant in Deed; or a Covenant exprefs, and a Covenant implied: A Covenant in Law is covert or hid, and to be implied; as if the Lef for do demife, &c. to the Leffee for a certain Term; the Law intendeth on the Leffee's Part, That the Leffee fhall, during his whole Term, quietly enjoy his Leafe againft all lawful Incumbrances. Comel's Interpreter, Title Covenant. Covenant in Deed, or Covenant exprefs, is manifeft, and that which is exprefly agreed between the Parties.

A Covenant is Real, or Perfonal; then there's a Covenant Collateral, which is that as cometh in, or is adhering to the Side; as collateral Af furance is that which is made over, and befides the Deed itself.

A Bond for Performance is called a collateral Affurance, because it is External, and without the Effence of the Covenant.

The Ufe of a Covenant is to bind a Man to do fomething in futuro; and therefore it is for the moft Part executory; and fo often as there is a Breach of the Covenant, an Action lieth against the Covenantor.

A Covenant must be to do a Thing, which for the Matter and Subftance of it is lawful: And generally, where a Condition for the Matter of it is good, a Covenant comprehending the fame Matter is good alfo; but if the Matter to be, or not to be done by the Covenant, Ebe for the Subftance thereof unlawful, then is the Covenant void, and not binding. Weft. Symb. Part 1. Dyer 6, 13, 334. Fitzh. Covenant 1.

E

And