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Lord Coke's First Institute
THE LAWS OF ENGLAND,
PLAN OF SIR MATTHEW HALE'S ANALYSIS;
THE ANNOTATIONS OF MR HARGRAVE,
LORD CHIEF JUSTICE HALE,
LORD CHANCELLOR NOTTINGHAM;
A NEW SERIES
NOTES AND REFERENCES,
TO THE PRESENT TIME:
TABLES OF PARALLEL REFERENCE, ANALYTICAL TABLES
A COPIOUS DIGESTED INDEX.
Printed by S. Brooke, Paternoster-Row;
AND SOLD BY MESSRS. BUTTERWORTH AND SON, FLEET-STREET ; R. PIENEY,
INNER-TEMPLE-LANE; S. SWEET, CHANCERY-LANE; T. HAMILTON,
PATERNOSTER-ROW; w. WALKER AND G. WILSON, STRAND;
NI. BUTTERWORTH, FLEET-STREET; AND IN DUBLIN,
BY J. COOKE, ORMOND QUAY.
TABLE OF CONTENTS,
OF THE LAW OF TENURES AND REAL PROPERTY.
Of Estates upon Condition.
NATURE of conditions, page 1, 2.- The different kinds of conditions,2,3.
I. Conditions in deed, 3, 4.-1. By what words created, 4.-Effect of the
words,“ Sub conditione,” ib:-Proviso, ib. Ita quod, 5.—Quod si con-
tingat, ib.-Diversity between quod si contingat, and other words of con-
dition, 6.-Si, and Pro, 7.-Less precise words of condition, sufficient in
the king's case, in wills, and leases for years, 8.-II. What shall be a
good condition, or not, 9.-Condition precedent, to enlarge an estate,
when good, 10, 11.-On lease for years, conditioned to have fee, and
livery thereupon, whether a fee conditional passes ? 11 to 17.-Condi-
tion precedent being uncertain, no estate can arise, 18.-So if it be-
come impossible, though by act of the lessor, ib.-Condition subsequent
becoming impossible by act of the feoffor, the estate is absolute, ib,-
So if by act of God, 19, 20.--Impossible conditions. Diversity herein
between a condition annexed to a feoffment, and a condition in a bond,
being executory, 21, 22.-Illegal conditions. Condition to do a thing
malum in se, in a bond, the bond is void, 23.-In a feoffment, the estate
is absolute, 23, 24.-Secus as to a condition in a bond merely against some
maxim of law, 25.-Repugnant conditions, 26.-Condition not to alien, on
a conveyance in fee, void, ib.-Secus where it is annexed to a collateral
thing, 27.-Or is restrictive of alienation to a particular person only, ib.
Or in case of alienations prohibited by law, ib.--Condition not to alien,
on a gift in tail, good as to alienations working a discontinuance, 28, 29.-
Secus as to a common recovery, 30, 31.-On gift in tail with remainder
in fee, condition not to alien, good as to the intail only, 32.-Condition
to re-enter on discontinuance of intail and death of issue, good, ib.