BOOK II.

OF THE LAW OF TENURES AND REAL PRO-
PERTY.

CHAP. XXVII.

Of Estates upon Condition.

NATURE of conditions, page 1, 2. The different

kinds of conditions, 2. 3. Conditions in deed,

3. 4. I. By what words created, 4. Effect of

the words "Sub conditione," ib. Proviso, ib.

Ita quod, 5. Quod si contingat, ib. Diversity

between quod si contingat, and other words of

condition, 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, con-

ditional to have fee, and livery thereupon,

whether a fee conditional passes ? 11 to 17.

Condition precedent being uncertain, no es-

tate can arise, 18. So if it become 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. Diver-

sity herein between a condition annexed to a

feoffment, and a condition in a bond, being

executory, 22, 23. Illegal conditions. Con-

dition 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 particu-
lar 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. III. Mortgage, 33. Origin
of the term, 34. The different kinds of mort-
gage, 34 to 37. IV. Condition, how to be

performed, 38. In respect of the person to

perform the same, 38, 39. On mortgagor's

death before day of payment, his heir may

perform the condition, 40, 1; or his executors,

&c. 42. Secus as to a stranger, 43. Unless

the heir be an idiot, ib. Condition to have

fee on payment of money by a day certain,

may be performed by the fcoffee's alicnee, 44;

or by the first feoffee, ib. But where no day

of payment is appointed, on mortgagor's death

his heir cannot perform the condition, 45. In

respect of time. No time being limited, feoffor

has during life to perform the condition, ib.

Secus in the case of bonds, ib.; or where the

condition is to be performed to a stranger, 46.

In respect of place. Condition to pay a sum

in gross, no place being appointed, must be

performed to the feoffee in person, 47, 48.

Secus in the case of a rent, 49, or if the feof-

fee be out of the kingdom, ib.: or if the condi-

tion be to deliver a thing ponderous, 50, or

to make a feoffment, ib. But where a certain

place is appointed, condition must be perform-

ed there, ib. Though it may be performed in

another place, by consent, 51. Where the

place is certain, and the time uncertain, notice

of performance must be given, 52. In respect