A

SYSTEMATIC ARRANGEMENT

OF

Lord Coke's First Institute

OF

THE LAWS OF ENGLAND,

ON THE

PLAN OF SIR MATTHEW HALE'S ANALYSIS;

WITH

THE ANNOTATIONS OF MR HARGRAVE,

LORD CHIEF JUSTICE HALE,

AND

LORD CHANCELLOR NOTTINGHAM;

AND

A NEW SERIES

OF

NOTES AND REFERENCES,

TO THE PRESENT TIME:

INCLUDING

TABLES OF PARALLEL REFERENCE, ANALYTICAL TABLES

OF CONTENTS,

AND SOLD BY MESSRS. BUTTERWORTH AND SON, FLEET-STREET; R. PHENEY,
INNER-TEMPLE-LANE; S. SWEET, CHANCERY-LANE; T. HAMILTON,
PATERNOSTER-ROW; W. WALKER AND G. WILSON, STRAND;

H. BUTTERWORTH, FLEET-STREET; AND IN DUBLIN,
BY J. COOKE, ORMOND QUAY.

ANALYTICAL

TABLE OF CONTENTS,

ΤΟ

VOLUME II.

BOOK II.

OF THE LAW OF TENURES AND REAL PROPERTY.

CHAP. XXVII.

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.➡

a 2