viz. Know all Men by these Presents Or thus To all Christian People c. and may be made in the first Person or third Know all Men by these Presents First Person That I A. B. of c. Gent. To all Christian People to whom these Presents shall come A.B. of Third Person c. sendeth greeting Whereas c. Be it known to all People c. This present Writing witnesseth c. cum multis aliis any of which Forms may be in the first or third Person And each of these Deeds may consist of Grants or Discharges Grants which are constitutive Grants constitutive and creating what was not before as the first Grant of a Way of a Rent or of an Estate in Tail for Life or for Years with Warranty or without and are either absolute or conditional or conveying whereby Estates already or formerly made are conveyed to others Of Discharges Discharges which are remissory or liberatory releasing or discharging something in being as Releases Defeazances Acquittances c. And most of such Deeds and Instruments by which Lands pass as afore described have formal and orderly Parts viz. The parts of Deeds The Premisses 1. The Habendum 2. The Reddendum 3. The Warranty 4. The Covenants 5. The Conditions 6. The Conclusion 7. First the Premisses The Premisses what unto the Habendum wherein is included 1. Grantor 2. Grantee 3. Thing granted By apt and proper Names and Descriptions which are certain in themselves or which by Reference may be reduced to a certainty 4. Exceptions Words of Exceptions by these or the like words Excepted Excepting Besides Saving Save only c. which must be first of some particular out of a general secondly part of what is granted and not all thirdly that which may be severed from the thing granted and not an inseparable incident thereunto 5. A Recital of something antecedent Nota In many Deeds in the Premisses there may be no occasion of Exception or Recital some may require either and some both as in the making of a new Lease reciting the surrender of a former Lease and excepting the Bodies of Oak Trees or a Room out of a House or of Woods c. as the Case requires Nota Exceptions of part ought always to be of such things which the Grantor had in Possession at the time of the Grant Noy page 69. Wests Symb. Lib. 1. sect 48. To which may be properly added the date and consideration as Monies Goods Natural Affection similia The Premisses saith he is commonly all that precedeth the Habendum or Limitation of the Estate wherein are to be considered first the Person contracting next the Thing Matter or Fact whereof the Contract is to be made and then the Words with which the said Contract is to be described for the Persons are the very efficient as the Considerations are the motive Causes for which and by whose consent the Instruments are agreed upon and made Noys Max. page 133. In the Premisses are first the direct nomination as well of the Feoffor as of the Feoffee together with their Places of Residence Habitation or Dwelling and their Qualities Estates Additions or Conditions Secondly the certain expressment and setting down of the Lands conveyed Secondly the Habendum or consequence of Deeds whose Office is to set down 1. Grantee 2. Certainty of the Thing Estate and Life granted and to what use Wests Symb. Lib. 1. sect 52. The later part of Instruments and Consequence thereof is all that necessarily followeth the Premisses and that is the Habendum In which is limited and expressed what Estate and Property the Party passive shall have The Habendum what as Fee Tail c. and that is twofold namely the Limitation of the Estate and of the Use reciting withal the Thing granted by some sufficient general Name as Habendum Tenendum the said Mannor Messuage or Tenement aforesaid with the Appurtenances as the case requireth and as it is granted in the Premisses unto the said J. S. his Heirs and Assigns for ever to the use and behoof of the said J. S. his Heirs and Assigns for ever Noy 150. The Office of the Habendum is to name again the Feoffee and to limit the certainty of the Estate and it may and doth sometime qualifie the general Implication of the Estate which by construction and intendment of Law passeth in the Premisses and the Premisses may be inlarged by the Habendum but not abridged it is also required of the Habendum to include the Premisses Noy page 54. The Habendum Habendum void must not be repugnant to the Premisses if it be it is void and the Deed will take effect by the Premisses Ibid. That is the precedent Estate given by the Premisses shall stand and the Estate by the Habendum shall be void As where a Feoffment is made to one and his Heirs by the Premisses of the Deed Habendum to him and his Heirs during the Life of I. S. or if a Feoffment be made to one and his Heirs by the Premisses of the Deed Habendum to the Lessee for the Term of his Life Now these words of Limitation during the Life of I. S. or during the Lessees Life as aforesaid are void words because the Habendum is repugnant to the Premisses Landlord and Tenant page 139. 2 Co. Buckleys Case The Habendum sometimes doth qualifie and control the general Implication c. as for example A Lease to two Habendum to one for Life the Remainder to the other for Life this Limitation doth alter the general Implication of the Joynt-tenancy which would have been without the Habendum and the Habendum is not contrary to the Premisses for in the Premisses no certain Estate is passed See Buckleys Case in the second Book of Sir Edward Cooks Reports But Landlord and Tenant Landlord and Tenant fol. 140. citing this very Case to shew that the Habendum doth control and qualifie the general Implication saith And therefore the Habendum is void in that the Premisses do make them Joynt-tenants and the Habendum would sever the Joynture and make the one to have all during his Life and the other the whole after him and directs to Plow fol. 133. and Herns Law of Convey p. 2. But Quere Quaere of this And what hath been aforesaid may be sufficient to shew the Office of the Habendum To which also let us joyn the Tenendum Tenendum what which before the Statute of Quia emptores terrarum 18 Ed. 1. was usually in Feoffments expressed from the Feoffors and their Heirs and not of the Chief Lords of the Fee c. whereby there happened divers Inconveniencies to the Lords as the losing of their Escheats and Forfeitures c. Whereupon it was granted provided and enacted That every Free-Man for the future might sell his Lands or Tenements or part thereof at his Will so that the Feoffee should hold
1688. Attorn and become Tenants unto the above named A. B. according to the purport of the Lease within mentioned Notice of the Grant having notice of the said Grant and for proof thereof every one of them did give unto the said A. B. one Peny in the Name of Attornment Witness hereto G. H. I. K. L. M. Here let the Tenants set their Names A. B. C. D. E. F. It may be indorsed together with the Livery of Seisin Indorsed with Livery of Seisin to an Attorny thus Memorandum That Possession and Seisin of the Lands and Tenements within mentioned was taken by c. and afterwards delivered to the within written S. P. 10. die Junij Anno Domini 1688. to the use within written And also the same day the within named J. V. Tenant of the Premisses for the Term of his Life Quere if the Tenant that attorns be named in the Deed otherwise that Clause to be left out did attorn Tenant to the said S. P. according to the Tenor of this present Deed and the said J. V. did give unto the said S. P. one Peny in the name of Attornment in the presence of It may be declared by Deed Poll thus Attornment declared by Deed Poll. To all People c. I A. B. of c. send greeting Whereas I the said A. B. have and hold for the Term of my Life one Tenement with the Appurtenances lying and being in c. the Reversion of which said Tenement should belong to one C. D. and being at present satisfied that the said C. D. hath by his Deed bearing date c. granted bargained sold and confirmed unto E. F. of c. the Reversion of the said Tenement as by the said Deed may appear Know ye that I the said A. B. Tenant of the said Tenement of my free will have attorned unto the said E. F. by payment unto him of one Peny in the name thereof and do by these Presents as much as in me lies ratifie and confirm unto the said E. F. the Reversion aforesaid In witness c. See West Symb. part 1. Lib. 2. sect 383 384 385 c. Note A voluntary Attornment where it is needful may be made by an Infant Voluntary Attornment by an Infant or one that is Deaf and Dumb may do it by signs but one that is not Compos mentis cannot make an Attornment Co. Lit. fol. 315. Co. Rep. fol. 84. Note It must be certain Certainty Co. Lit. 310. In all Cases for the most part where there is no means provided by Law to compel the Tenant to attorn in such Cases Attornment Deed or in Law is not necessary Where it needs not as in the grant of a Seigniory c. by Letters Patents from the King or where such things are granted by matter of Record from a Subject to the King but a Seigniory a Rent-charge a Remainder or a Reversion will not pass without Attornment but by matter of Record Co. Lit. 314 321. Co. 6. Rep. 68. Noys Max. p. 64. Attornment necessary upon a Devise Devise Noys Max. p. 65. In all Cases where tho Grant is in the personalty there needs no Attornment Needless as in Annuities which do charge the Person only and not the Land And in all Cases where there is an Attornment in Law there needs none in Deed M. 3. Jac. in C. B. agreed in Curnocks Case Noy saith in his Maxims p. 65. That if the Tenant have true notice of all the Grant then such Attornment is void Void Attornment But quere Common of Pasture for a certain number or Common of Estovers certain will pass by Granâ— without Attornment Needless for where there is no Tenure Attendance Remainder Rent or Service to be paid or done Attornment is not necessary 31 H. 8. 59. Kitchin 103. a. Note Attornment is a solemn Act and ought to be done Time when it must be done so that notice may be taken of it and therefore Attornment after Sun-set is not good for it shall not be presumed that notice can be taken in the Night M. 23 Car. 1. in B. R. Registr practicale p. 30. Concerning Possessions The difference between Possession and Seisin Difference of Possession and Seisin is A Lessee for Years is possessed Possession what and yet the Lessor is still seized and therefore the Terms of the Law are That of Chattels Seisin what a Man is possessed whereas in Feoffments Gifts in Tail and Leases for Life he is called seized Noys Max. page 20. Of Estates And note that all Estates that have their being are in Possession Reversion Remainder or in Right but of all these Possession is the principal Idem page 119. There are two Degrees of Possession in Law and Deed. In Deed is the actual Possession Possession in Deed. In Law In Law is that Possession which the Law it self casteth upon a Man before any entry or pernancy of the Profits Example As where the Father dieth seized of Lands in Fee and the same is to descend to the Son as his next Heir in this Case before any Entry the Son hath a Possession in Law Ibid. p. 120. And so of a Reversion expectant Reversion Expectant c. or a Remainder dependent upon a particular Estate for Life Example As if Tenant for Life die he in Reversion or Remainder before his Entry hath only a Possession in Law And note That all manner of Possessions that are not Possessions in Fait or Deed are only Possessions in Law Noys Max. p. 120. Of a Particular Estate A Particular Estate is such as is derived from a General Estate Defined by seperation of one from the other Noys Max. p. 117. As an Estate Tail for Life or for Years created by Gift or Grant out of a Fee-simple is in the Donee or Lessee a particular Estate in Possession derived and separated from the Fee-simple Ibid. similia And of particular Estates Twofold some are created by Agreement between the Parties and some by Act of Law By Agreement By Agreement as those before specified By Law By Law as Estates in Tail after possibility of Issue Extinct Estates by the Courtesie of England Dower c. for in Dower the Party is compellable by Law to compleat the Estate Ibid. Of a Remainder Defined A Remainder is the Residue of an Estate at the same time appointed over and must be grounded upon some particular Estate given before granted for Years or Life and so forth Noys Max. p. 31. When it begins And ought to begin in Possession when the particular Estate endeth there may be no mean time between either by Grant or Will Ibid. Where cannot be No Remainder can be made oâ— a Chattel Personal A Remaindeâ— cannot depend on a Matter ex posâ— facto to be done in futuro as upon Estate Tail upon Condition thaâ— if the Tenant
down Ch. 4. This Lease for life is not saleable by the Sheriff for Debt but the Land is to be extended Not saleable but extendable at a yearly value Not forfeited except c. to satisfie the Debt neither is it forfeited by Outlary except in Felony nor by any of those means before mentioned to which Leases for years are liable and subject saving only Attainders for Treason Felony or Praemunire and then only to the Crown not to the Lord of the Escheat Vide 25 Ed. 3. Stat. 5. cap. 2. This Estate will go to the Heirs Will go to the Heir if the word Heirs be contained in the Grant if not contain'd Then to the Executor Or Executor in case of no special Occupancy as before Page 2 3. A Lease for life or for years How Leases for Life may be made may also be made by Fine of Record Bargain and Sale or by Covenants to stand seised to uses upon good consideration of Marriage or of Blood See Bro. Fines 106. Note If a Man have a Lease for never so many years determinable upon life or lives which some Persons call a Lease for lives it is but a Chattel Wentworths Executor page 28. Of Entails Entail signifies Fee entailed 3. Entail defined That is Fee scanted or limited and tied to certain Conditions See Cowels Int. Tit. eod These Entails may be created by a Gift with Livery and Seisin to a Man and the Heirs of his Body How created This word Body making the Tail may be restrained to Males or Females to the Heirs of the Bodies of the Husband and Wife to the Body of his Father or Grand-father in Tail special or general When they began Entails began by a Statute in Edward the Firsts time Westm ca. 2. de Donis Conditionalibus for before that Statute Feoffees after they had Issue had power to alien and disinherit the Issue contrary to the mind of the Donees By Statute West ca. 2. And by this Statute they were made so strong as that the Tenants in Tail could not put away the Land from the Heir by any Act of Conveyance or Attainder nor let it or any way charge or incumber it longer than for his own life see the Statute The inconveniencies by that Stature But the inconveniency thereof was very great for by this means the Lands were so surely tied upon the Heir as the Father could not put it from him It made the Son disobedient negligent and wastful Marrying often without the Fathers consent and to grow insolent in Vice knowing there could be no check of disinheritance to restrain him It made also the Owners of entailed Lands less fearful themselves to commit Felonies Murders Manslaughters and Treasons Committing Felonies Murders Manslaughters and Treasons for that they knew that none of their Acts could hurt their Heir in his Inheritance It hindred Men that had entailed Lands that they could not make the least Profit of their Lands by taking Fines or other Improvements Hindred Improvement of Lands For that none upon so uncertain an Estate of the Owners life would give him a Fine of any value nor lay any great Stock upon the Land that it might yield an improv'd Rent And lastly These entailed Lands defrauded the Crown and many Subjects of their Debts Defrauded the Crown and Subjects of their Debts for that the Land was not liable thereto longer than for his own life which made that the King could not safely commit any Office of account to such whose Lands were entailed Hindred the Owners to borrow Mony nor other Men to dare to lend them Mony These Inconveniencies were all remedied by later Statutes The Inconveniencies remedied by Fine c. as namely by the Statutes of 4 Hen. 7. and 32 Hen. 8.36 A Tenant in Tail may disinherit his Son by Fine and Proclamations And by that means also may make it subject to his Debts and Sales Grant by several Statutes And by a Statute made in 26 Hen. 8. cap. 13. Tenant in Tail doth forfeit hiâ— Land for Treason Which make Tenants in Tail forfeit for Treason and they may make Leases And by another Statute made in the 32 of H. 8 cap. 28. He may make Leases gooâ— against his Issue for twenty onâ— years or three lives so it be noâ— his chief Lands or Demeans noâ— a Lease in Reversion nor a lesseâ— Rent reserved than the Tenants for the most part of twenty years before have paid And so as such Lease have not any matter of discharge for doing Wasts or Spoils and by a Statute made the 33 H. 8. Tenants in tailed Lands are liable by Extent for the Kings Debt They are liable to the Kings Debt and are saleable but And by a Statute 13 Eliz. 4. they are saleable for his Arrearages upon his account for his Office not forfeited for Felony So that now it resteth that entailed Lands have these two Priviledges only viz. Not to be forfeited for Felonies nor extended Not extended for Debt after the Parties Death except the Tail be cut off Except the Tail be cut off by Fine or Recovery Note These entails are now usually created by settlements upon Marriage for the benefit of the Posterity and may be cut off as before is shewn And these settlements entailing such Land unto the Issue or Posterity describes the Uses Behoofs Intents Purposes Provisos Conditions Powers and Limitations of the Parties thereto and thereby meant and the Lands are usually made over to Trustees by Fine and Recovery to stand seised to such Uses c. The last and greatest Estate of Land is Fee-simple Fee-simple what which is an Estate absolute to one and his Heirs for ever To one and his Heirs for ever Therefore he that maketh a Lease for life to one or a Gift in Tail may appoint a Remainder after that Estate to another for life or in Tail and a third in Fee-simple but after a Fee-simple he can limit no further Estate And if a Man does not dispose of a Fee-simple by way of Remainder when he maketh the Gift in Tail or for life or for lives then the Fee-simple resteth in himself as a Reversion Co. on Lit. fol. 112 113. Brook Tit. Don. Remainder fol. 245 Glanv li. 7. cap. 1. And the difference between Remainder and Reversion Difference between Remainder and Reversion is this The Remainder is alway a succeeding Estate at the time when the precedent is appointed But the Reversion is the Estate left in the Giver after a particular Estate Note A particular Estate is such as is derived from a General Estate made by him for years life or in tail See hereafter Ch. 5. Bract. lib. 2. cap. 25. Where the Remainder is made with the particular Estate then it must be done by Deed in Writing with Livery and Seisin and if the Giver will after dispose of the
Render what Estates are to be created thereâ—y and of the Reservation of Rents â—omine poenae and Clause of Distress â—nd Services with the Clause of Warranty For which it is to be â—oted That when a Fine is levied to â—ivers Cognizees the Right shall be â—â—mited How the Right shall be limited 3 H. 6. 42. 24 E. 3. 64. to one of them only and â—he Estate limited to his Heirs onâ—y whose Right it is knowledged to â—e Ibid. As this Et est Concordia talis Example scilicet quod â—red ' A. Cogn ' Tenementa pred' cum perâ—in ' esse jus ipsius B. ut illa quae iidem B. C. habent de dono pred' A. Et â—ll ' remisit quiet ' claim ' de se Haeredibus suis prefat ' B. C. Haeredibus ipsius B. c. And likewise the Release Release how to be 21 Ed. 3. 33. and Warranty must be from the Heirs of one of the Cognizors for in a Fine from divers the Fee must be supposed to be in one of them only West Pres Tit. Fines § 30. Of what things it may be And a Concord cannot be of any other thing than is contained in the Writ of Covenant and not of a Foreign thing if it be not consequent Ibid. And if divers joyn in a Fine the Warranty The Warranty how to be made must be by them and the Heirs of one of them which is the Owner of the Land 44 E. 3. 1. And note That Warranties Divers sorts of Warranties be sometimes General That is against all Men some against all except certain Persons some against certain Persons only some against every Cognizor and his Heirs severally some against one of the Cognizors and his Heirs only some of all the Lands in the Fine some of all except part and some of part only certainly expressed West Tit. Fines § 147. He who acknowledgeth the Fine is called Cognizor and he to whom the Fine is levied is called the Cognizee and it is requisite that either the Cognizor or Cognizee be seized of the Lands in the Suit at the time of the levying The Partles must be seised at the time of levying thereof otherwise the Fine is void 41 Ed. 3. 14. 22 H. 6. 13. 3 H. 6. 27 H. 8. 4. 20. 37 H. 6. 34. 22 H. 6. 57. See West Exception Tit. eod unless it be by a Vouchee after he hath entred into the Warranty to the Demandant for he being Tenant in Law may confess the Action but a Fine by Vouchee levied to a Stranger is void 8 H. 4. 5 H. 7. 40. See West Ibid. All Persons Male and Female may be Cognizors Who may be Cognizors except Ideots Madmen Lunatiques Men having the Lethargy Blind Deaf or Dumb and these be hindred by nature Friers Nuns Monks who are dead in Law Exceptions of Persons dead in Law c. and Persons having Joynt-power as a Bishop without the Dean and Chapter a Dean without his Chapter a Parson Vicar Prebendary without their Ordinary a Mayor without his Commonalty Masters of Colledges without their Fellows and the single Members of every Corporation or Society and these be hindred by the Law West ibid. Cautions Of Husband without his Wife A Husband without his Wife ought not levy a Fine of her Lands for she and her Heirs may avoid it after his death 32 H. 8. cap. 28 12 E. 4. 12. 42 E. 3. 20. Care to be taken by Infants Infants i. e. all Persons under one and twenty Years ought to have a special care how they levy Fines for they must be reversed again during their Infancy otherwise they are good and the Court must see them at such reversal thereby to judge of their Age 50 E. 3. 5. 17 E. 3. 52. 78. Drunken and old Doters not capable It ought to be regarded that Drunken-men and old doting Persons be not Cognizors for their Fines are not reversable 17 E. 3. 5. 8. 17 Ass 17. Care to be taken by a Married Woman under Age. A Married Woman under Age ought to take heed that she levy not a Fine of her own Lands for she cannot reverse it during her Husbands Life neither after his Death if she be then at full Age 50 E. 3. 5. Ass pla 53. A married Woman of age Of Age. ought not to levy a Fine but with her right Husband 7 H. 4. 23. 42 E. 3. 20. And she must beware how she with her Husband With her Husband levy a Fine of her Joynture lest she thereby lose her Thirds if the Joynture were well setled before Marriage Dyer fol. 359. pla 49. If she without her Husband Without her Husband levy a Fine of her own Lands wherein she hath Fee-simple it will be a Bar against her and her Heirs unless her Husband avoid it by Entry or otherwise during her Life If he be Tenant by Curtesie Tenant by Courtesie he may reverse it after her Death 17 E. 3. 52. 78. 17 Ass 17. 7 H. 4. 23. If a Woman during her first Husbands Life marry a second Fine by Woman having two Husbands and with him and by his Name knowledge a Fine it shall not bind her 7 H. 4. 22 23. because she is misnamed With her right Husband And if she levy a Fine with her right Husband by a wrong Christian Name she is bound by Estoppel during her Life and the Tenant may plead that she by such a Name levied the Fine 1 Ass pla 11. Brook Fines 117. Of Cognizors Of the Estates of Cognizors who may levy Persons outlawed or waved in personal Actions may alien by Fine 9 H. 6. 20. 21 H. 7. 7. Persons attainted of Felony or Treason may levy by Fine but their Fines are void against the King and the Lord of whom the Lands be holden 9 H. 6. 20. 21 H. 7. 7. Tenants for Life may Tenant for Life may levy a Fine sur Graunt and Release of the Lands which he holdeth for Life to hold to the Cognizee for Life of the Tenant for Life 44 E. 3. 36. But if the Estate be larger it is a forfeiture of his Estate 4 H. 7. Noy 30. Forfeiture of Estates And so the Law is the same of such Fines by Tenant in Tail after possibility Tenant in Dower or by the Courtesie 39 E. 3. 16. But it seemeth to be no forfeiture of a Rent Rent no Forfeiture 2 H. 5. 7. Yet a particular Tenant Particular Tenant as in Dower by Courtesie or for Life cannot grant and surrender their Estate to the Owner of the Reversion or Remainder 17 E. 3. 62. Tenant in Common Tenant in Common or Joynt-Tenant may levy a Fine of his part 26 H. 8. 9. so a Copartner of his part Dyer 334. So may Tenant in Tail Tenant in Tail General or Special Also Tenant in Fee-simple
Deed containing the Description of such a Gift or Grant Attornment necessary in Grants And note That Lands and Tenements and such things as naturally lie in Grant cannot be transferred from one to another by bare Grants of the Parties without the Attornment and Agreement of others the Nature and Effect whereof is after laid down Note A Grant must be certain Certainty Noys Max. p. 61. A Man cannot charge or grant that which he never had Ibid. p. 62. A Thing that cannot begin without a Deed may not be granted without a Deed Things beginning by Deed how they must be granted and every Thing that is not given by delivery of Hands must be passed by Deed Ibid. All Things that are incident Incident to others pass by the Grant of them that they are incident unto Ibid. A Man by his Grant cannot prejudice him that hath an elder Title No prejudice to an elder Title Ibid. 63. If no Estate be expressed in the Grant How the Estate shall be limited and though Livery and Seisin be made yet the Grantee hath but an Estate for Life Ibid. But if the words manifest the lawful Will of the Grantor the Estate shall be taken according to his intent Ibid. All Grants shall have a reasonable Construction The Construction of Grants and taken strongest against him that made them and most beneficial to him to whom they are made Ibid. There must be Attornment Attornment to Grants of Reversion or Rents otherwise nothing passeth except it be by matter of Record Ibid. Lease for Years The next of these Conveyances is a Lease for Years Lease for Years and he that letteth is called the Lessor and he that taketh by the Lease is termed Lessee Certainty thereof A Lease for Years must be for time certain and ought to express the Term and when it should begin and when it should end certainly And therefore a Lease for a Year and so from Year to Year during the Life of J. S. is for two Years Noys Max. p. 65. It may be made by Word or Writing as before Lease at will A Lease from Year to Year so long as both the Parties please after entry in any Year it is a Lease for that Year c. till warning be given to depart 14 H. 8. 16. Noy Ibid. A Lease beginning from henceforth How they shall commence shall be accounted from the day of the delivery Ibid. From the making From the making shall be taken inclusive from the day of the making or of the date exclusive Ibid. If the Habendum of a Lease be for Term of one and twenty Years without mentioning when it shall begin it shall then begin from the delivery From the delivery Co. Lit. fol. 46. Herns Law of Conveyances p. 15. 131. If Lands descend to the Heir before his Entry Lease made by Heir before Entry he may make a Lease thereof Noys Max. p. 65. Tenant for Term of Years may enter When the Tenant may enter when he will the death of the Lessor is no let and he may grant away his Term before it begin Noys Max. p. 30. But before he enter he cannot surrender When surrender nor have any Action of Trespass nor take a Release Ibid. He is bound to repair Repairs the Tenements And if Tenant for Life or Years Term forfeited granteth a greater Estate than he hath himself he doth forfeit his Term Ibid. View of Reparations and Distress Nota The Lessor may enter to see what Reparations or Wast there is and he may distrain for his Rent or have an Action of Debt Ibid. The nature of Leasts And note also That Leases for Life or Years are of three Natures some be good in Law some voidable by Entry and some void without some in futuro and some in praesenti of all which and oâ— the Dates Commencements Habendums continuance and determination of Leases you may find many Examples in a Treatise for that purposed collected called Landlords Law p. 137. c. See more of the before Ch. 1. Of a Release Release defined A Release is an Instrument whereby Estates Rights Titles Entries Actions and other Things be sometimes extinguished sometimes transferred sometimes abridged and sometimes inlarged West Symb. part 1. Lib. 2. § 466. A Release made after a Lease for Life or Years amounteth to a Feoffment It amounteth a Feoffment as if I let Land to a Man for Years or Life and after release to him all my Right in the Land Example to have and to hold to him and his Heirs hereby he hath a Fee-simple Co. Lit. f. 207. a. Finch L. 1. c. 5. pag. 67. Dyer 263. But if I Release to him all my Right which I have in the Land Words to be observed without using any Words in the Release then here he hath only an Estate for Life Ibid. And note That a Release is the giving or discharging a Right or Action which a Man hath or claimeth against another or out of or in his Lands Noys Max. pa. 74. And a Man may not release upon a Condition nor for time How a Release shall enure nor for part but either the Condition is void and the time is void and the Release shall enure to the Party to whom it is made for ever for the whole by way of Extinguishment Ibid. p. 57. But such Release by Deed indented is good Ibid. Words to be observed A Release to charge an Estate ought to have these words Heirs or words to shew what Estate he shall have Ibid. Void Release A Release made by him that at the time of the making thereof had no Right is void Ibid. page 74. Void Release And a Release made to him that at the time of the Release had nothing in the Lands is also void it behoveth him to have a Freehold or a Possession or Privity Ibid. p. 75. The common Course of passing Land by Lease and Release For which purpose it is now the course in passing Land by Lease and Release first to execute a Lease for a Year or the like Term to the intent and purpose that the Lâ—ssee may be in the actual possession of the Lands intended to be released and thereby and by force and vertue of the Statute 27 Hen. 8. for transferring Uses into Possession be enabled to take a Grant or Release of the Reversion and Inheritance of the said Land to the use of him and his Heirs A Release made to him that hath a Reversion Where it helpeth the Free-hold or a Remainder in Deed shall serve and help him that hath the Franktenement so shall a Release made to a Tenant for Life or a Tenant in Tail How it shall inure inure to him in the Reversion or Remainder if they shew it and so to Trespassors and Feoffors but not to the Disseisors Noys
after his death she may enter though she had joyn'd in the Surrender and notwithstanding that She is not bound he to whom the Surrender was made died seized of the Land in Fee and his Heir be in by descent Perkins sect 112. She shall be bound But if a Feme-sole who is Lessâ—… for Years of House or Land taketh a Husband who surrendreth anâ— dieth before the Years are out here she shall be bound by this Surrender Ibid. sect 113. Good Surrender And if Tenant in Dower iâ— Land granteth her Estate unto him in the Reversion this is a Surrender Ibid. 623. If one hold Lands for Life How surrender taketh effect the Remainder to a Stranger for Years and if the Lessee for Life surrendreth unto him in Remainder it shall not take effect because that an Estate for Life cannot drown in an Estate for Years Perkins sect 589. If a Copyholder for Life surrender to the use of another Estate detertermined who is â—dmitted by this the Copyholders Estate is clearly determined But if a Copyholder in Fee surâ—ender to the use of another for Life Revived after his Death he shall have â—t again 1 Cro. 148. A joynt-Joynt-Tenant Joynt-Tenant cannot surrenâ—er to his Fellow Noys Max. 73. Lessee for Years Lessee for Years cannot surrender â—efore his Term begin though he â—ay grant also he cannot surrenâ—er part of his Lease Ibid. The Husband may surrender the Wifes Dower for his Life Husbands surrender of his Wifes Estate as beâ—ore and her Lease he may surrenâ—er for ever Noy 74. Note How it effecteth That those things which â—annot take effect without Deed â—annot be surrendred without Deed â—xcept in some special Cases By Deed. And therefore if a Man seized of Rents Tithe Common c. granteth the same for Life or Years the Grantee cannot surrender them without Deed Perk. sect 581 582 584. But that those things that may not be granted without Deed may be determined by the surrender of the Deed Surrender of Deed. to the Tenant of the Land Noys Max. p. 73. Confirmation Defined Confirmation is a strengthening and making good of an Estate formerly had and yet voidable or defeasible though not presently void by him which hath a better or longer Estate in the thing granted than the Tenant thereof hath Lit. sect 522. West page 1. Lib. 2. sect 457. And it is made by the words have ratified approved and confirmed similia Defined Noy in his Max. saith Confirmation is when one ratifieth the Possession as by Deed to make his Possession perfect or to discharge his Estate that may be defeated by anothers Entry Noys Max. p. 76. Landlord and Tenant p. 106. saith A Confirmation is the Conveyance of an Estate or Right that one hath unto Lands or Tenements to another that hath the Possession thereof or some Estate therein Defined whereby a voidable Estate is made sure and unavoidable or whereby a particular Estate is increased and â—nlarged and though sometimes it may pass by the words dedi conâ—essi yet the most proper words â—re confirmavi ratificavi approâ—avi which do signifie ratum firâ—um facere supplere omne defectum â—nd he that makes the Confirmaâ—ion is called the Confirmer and â—e to whom 't is made the Conâ—rmee Co. Lit. 295. Bract. 1. Lib. 2. â—8 And there are two kinds of Conâ—â—rmation Two sorts of Confirmations Confirmation in Deed â—he other implied by Law Conâ—irmation by Deed is when the Act done or Deed made is inâ—ended for a Confirmation Conâ—irmation implied Implied is when the Law â—y construction makes a Confirmation of a Deed made to another purpose and both these are always in Writing Co. Rep. 9. fol. 142. Co. Lit. fol. 295. Shephards Touch-stone C. 18. p. 311. Where it effecteth If a Tenant for Life will granâ— a Rent-charge in Fee then hâ— in the Reversion may confirm the same Grant where a Man by his Entry may defeat an Estate there by his Deed of Confirmation he may make the Estate good Noyâ— Max. 77. The words A Confirmation to charge aâ— Estate must have words to shew what Estate he shall have Ibid. A Confirmation cannot chargâ— Cannot effect an Estate that is determined by express Condition or Limitation Ibid. Confirmation to Tenant for Life of his Estate only for an hour shall be good for Life For an hour good for Life and so 〈◊〉 made to a Tenant in Fee it shalâ— be good for ever Ibid. A Lease for Years may be confirmed for a Time or upon Condition Upon Condition or for a piece of the Land Ibid. But if a Franktenement be as afore it shall enure to the whole absolutely Noy Ibid. To confirm the Estate of Tenant for Life to his Heirs Word Heirs to be observed cannot be but by Habendum the Land to him and his Heirs and therefore it is good to have such an Habendum in all Confirmations Ibid. In a Confirmation new Service may not be reserved and old may be abridged Ibid. Confirmation hath relation to release and where he that as before hath a better Title in the Land than the Tenant releaseth to the Tenant this is a Confirmation West pa. 1. Lib. 2. sect 457. A Confirmation made by him that at the time of the making thereof had no Right is void Noys Max. p. 74. And so if a Right come to him afterwards unless it be with Warranty and then it shall bar him of all Right that shall come to him after the Warranty made Ibid. Where voidable But note A Confirmation made to one Disseisor shall be voidable to the other so shall not a Release Ibid. p. 77. Note That if the King for him and his Heirs grants Catalla felon ' fugitivorum or the like which is in grant and dies the Grantee needs no Confirmation of the new King Where necessary but if it be a Fair or Market or the like and it is abused or misused as it may be or if it be a judicial or ministerial Office or Power as to be a Justice oâ— Peace Escheator or the like there he ought to have a Confirmation of the new King See Brooks Tit. Confirmation 19 29. 1 R. 3.4 In a Confirmation it is not amiss in the Premisses of the Deed specially to recite the Estate Estate to be recited of the Tenant which must be confirmed and also the Estate of him that shall confirm and to expresâ— the Consideration thereof if any such be West Symb. part 1. Lib. 2 sect 457. Revocation and New Declaration This seems to be dependant upon some former Deed or Conveyance being a Reservation by Covenant to revoke a Precedent and by Declaration to create a new Estate of the Lands after which the Lands settle accordingly Will. The last of these Conveyances â—s a Will in Writing Wills in Writing which course
supra And note that Livery of Seisin is of two sorts Livery of Seisin is two-fold viz. in Law and in Deed Noys Max. p. 160. Livery of Seisin in Law is termed Livery of Seisin within the View which is when a Man maketh a Deed of Feoffment and delivers Seisin within the View the Feoffee being afraid to enter Ibid. 163. And note This Livery within View Livery within the View is good if the Feoffee do enter in the Life-time of the Feoffor Idem p. 59. And yet it is said that a Livery in View or Law may sometimes be perfected by an Entry in Law Perfected by Entry in Law which is when the Feoffee being afraid to enter as before maketh continual Claim of the same 38 Ass pl. 23. And it is said that no Man can constitute another to receive Livety for him within the View No Attorny in Livery in View nor yet to deliver for none can take by force or virtue of a Livery in Law but he that taketh the Freehold himself Et sic e contra Noys Max. p. 163. Livery and Seisin in Deed Livery in Deed. is actually done either personally or by Attornies as is before explained Attornment The end of Attornment is to perfect Grants Defined and therefore may not be made upon Condition or for a Time Noys Max. p. 64. but it shall enure to the whole absolutely Attornment is the Agreement of the Tenant to the Grant by Writing or by Word as to say I do agree to the Grant made to you or I am well contented with it or I do Attorn unto you or I do become your Tenant c. or delivering a Penny unto the Grantee by the Tenant by way of Seisin of a Rent and to pay or do but one Service only in the name of the whole it is good for all Ibid. p. 63 64. Where it effecteth Lands and Tenements and such things as naturally lie in Grant cannot be transferred from one to another by bare Grants of the Parties without the Attornment and Agreement of others as of the Tenant to the Grant of the Seigniory or of a Rent or the Agreement of the Donee in Tail or of the Tenant for Life or Years to a Grant of a Reversion or Remainder made by the Donor or Lessor to another as Where necessary Where he that hath an Estate in Reversion or Remainder after an Estate for Life or Years doth grant or give the same away here the Tenant of the Land must give his consent to such Grant or Gift or else generally the same is not good and this yielding of consent is called Attornment See Terms del Ley Co. Lit. fol. 309. pl. 25. Attornment is either Actual or in Law Twofold Actual Actual is an expressed consent to the Grant as before Lit. 551. Plow 25. a. 344. a. Attornment in Law In Law is where the Person that ought to attorn doth not expresly declare his consent but doth some other Act as in Law sufficiently implieth an Agreement as if a Lease be made for Life or Years and after he that hath the Reversion or Remainder granteth the same to his Lessee who accepteth the Deeds These and such like be Attornments in Law West Symb. Lib. 2. sect 383. To the making good of an Attornment Requisits to make a good Attornment where it is requisite divers Things are required 1. It must be made by the Person that ought to make it 2. It must be made to the Person that ought to take it 3. It must be made in due time 4. If it be an express Attornment the Tenant must have notice of the Grant of the Reversion c. to which he must Attorn but of Attornment in Law there notice in all Cases is not necessary 5. It must be done in such manner as the Law doth prescribe And observe as before that it may be made either by Words or Deeds By Word or Deed. without Writing or by Deed or Writing and this is the safest way By Word And any Word written or spoken by the Tenant after he hath knowledge of the Grant of the Reversion which do import an Assent or Agreement to it will make a good Attornment in Fact or in Deed as to say I do Attorn or turn Tenant to you according to the Grant or if he do pay all or any of the Rent or do any part of the Service as before this is a good express Attornment and is best of all when it is made by Words and Deed Best by Word and Deed both or Sign both for then the Witnesses will best remember it Co. Lit. fol. 309 310 315. Plow Com. 344. Land-lords Law p. 127. 128. When to be made Where Attornment is necessary it must be made in the Life-time of the Parties Grantor and Grantee for if either of them die before Attornment be made the Grant is void but if the Tenant die before he Attorn he that hath the Estate may Attorn and it is good or if the Tenant grant over his Estate his Assignee may Attorn Co. Lit. fol. 315. a. Perkins sect 231 263. Lit. Tenures 110. a. Co. Rep. f. 8. Noys Max. p. 64. It seems that Attornment is not necessary Where necessary but to have Avowry or an Action of Wast 2 E. 6. Brook 45. Note Where not That when no attendency nor payment is to be made by the Tenant there the thing passes without Attornment 31 H. 8. Brook 59. Where Attornment is necessary in Law or in Deed Note See Land-lords Law p. 129 130 131 132 133 134 135 136. This Attornment must be indorsed on the Deed or else declared by a Deed and may be done in this manner Indorsement for one Tenant Memorandum That the within named A. B. being Tenant for Term of Life c. or being present Tenant c. as the Case requires of the Lands Tenements and Hereditaments c. understanding the effect of the within written Grant thereof made unto the within named C. D. did the _____ day of _____ Anno _____ assent and agree unto the same Grant in every respect as the same is within written and did therefore Attorn and for proof thereof did give unto him the said C. D. in the name of Attornment the Sum of 6 d. in the presence of us whose Names are subscribed A. B. C. D. E. F. c. Or thus by divers Tenants themselves For divers Tenants We whose Names are hereunder subscribed being the present Tenants c. of c. understanding c. do assent c. and do therefore Attorn and in Testimony of such Attornment each and every of us did give c. and also have hereunto subscribed our Names the _____ day of _____ Anno Domini 1688. Witness A. B. C. D. E. F. Or thus Memorandum That the Persons whose Names are under written did the _____ day of _____ Anno Domini
THE ART OF CONVEYANCING ARS CLERICALIS THE ART OF Conveyancing EXPLAINED Being a Collection gathered with great Care and Industry out of the many Books of the Law Wherein the Nature and Effect of such Deeds and Instruments by which Lands are conveyed from one Man to another are clearly demonstrated Also the Forms and orderly Parts which ought to be observed in Deeds and Conveyances are laid open and explained By R. G. Gent. LONDON Printed by the Assigns of Richard and Edward Atkins Esquires For Thomas Basset at the George near St. Dustans Church in Fleet-street 1690. TO THE READER THE Law of England consists of several curious Parts or Branches some whereof have relation to the Theory others more immediately to the Practice Of the later not one hath given greater Reputation or contributed more to the enriching its Professors than the Art of Conveyancing which proceeds chiefly from the Necessity attending it in regard no Estate or Property can possibly be setled or secured without it There are several Books indeed in all Volumes already extant of Conveyanceing but many of them being desicient either in Matter or Form heap't together without Judgment and backt with no manner of Authority do instead of instructing the Tyro's of the Law lead them into manifest Errors neither is any of them express upon this Subject though most of them treat something thereof Therefore to demonstrate to the World by a small Essay what may be further performed in this Nature by more time and thought this little Tract hath ventured abroad â—eing a brief Collection out â—f those many Books where â—ou have a Prospect altogether and in Order not â—rowded with Precedents nor mixt with improper Matter but full and clear to the understanding of the whole Art and scarce a Paragraph in the whole but what is warranted by two or three Authorities It was chiefly intended for a help to Young Clerks though perhaps none of the old Ones will have occasion to repent the perusing it 'T is true there is no new Invention in it as to Matter neither indeed can it be expected in Books of this Nature which are or ought to be govern'd by Authorities and Precedents and as to the Form or Method 't is wholly new and perhaps more compact and orderly than any Book of this kind Vale fruere THE CONTENTS THIS Treatise is divided into six Chapters CHAP. I. Shews how Property in Lands is â—en and transferred from one to â—ther CHAP. II. Shews the Nature and Effect of such â—â—eds by which Lands usually pass â—nd are conveyed from one to anoâ—hâ—r CHAP. III. Shews the Forms and orderly Parts â—hich ought to be observed in Deeds â—nd Instruments CHAP. IV. Shews what Things are required tâ— the perfecting a good Deed or Instrument CHAP. V. Shews the Form and Effect oâ— Livery of Seisin and Attornment c. And what is a Reversion Remainder and particular Estate c. CHAP. VI. Shews the several Ways whereby Men get Property in Goods and Chattels Advertisement LEgis Series Or the Process of the Law in order with some Entries both in Kings Bench and Common Pleas useful for Young Clerks to direct them in their first â—teps to Clerkship per R. G. Gent. price 6 d. CHAP. I. Shewing how property in Lands is gotten and transferred from one to another Of Property in Lands THE intent of this Treatise being to lay down and explain the Art of Conveyancing whereby the property in Lands is transferred from one to another I shall first shew the several ways by which property in Lands is or may be gotten And note That property in Lands is gotten and transferred from one to another four ways Viz. 1. Entry 2. Descent 3. Escheat 4. Conveyance I. Property in Lands by Entry Property by Entry formally and strictly taken was where a Man found a piece of Land that no other possessed or had Title to and entred thereon This Entry gained him the property of it and this seemeth to be grounded upon the Text Terram dedit Filiis hominum c. In the Case of Occupancy Occupancy which ariseth by Conveyance as Where Lands are conveyed to A. for the Life of B. and A. dies without making any Estate or Assignment thereof here whosoever first entreth after the death of A. getteth property in that Land during the Life of B. for the Land cannot revert to him that leased to A. till B. die and to the Heir of A. it cannot go for it is not any Estate of Inheritance nor descendable to the Heir without special words And as for the Executors of A. they cannot have it for that it is not an Estate Testamentary to go to them as the Goods and Chattels do so as in truth no Man can entitle himself to the Land and therefore the Law preferreth him that first entreth and he is called Occupans and shall hold it during the Life of B. but yet such a one must pay the Rent perform the Conditions and do no wast or harm N. B. fol. 83. Co. Lit. 41. But this Estate of the Occupant may be prevented at the making of the Grant 1. Occupancy how prevented by adding these words To have and to hold to A. and his Heirs during the Life of B. for then t is descendable to the Heir It may also be prevented after â—he making of the Grant or Lease for Life though the word Heirs be â—mitted by assigning the Estate â—ver to some Friends and their Heirs 〈◊〉 trust during the Life of B. c. â—o Lit. fol. 41. Shepards Touchstone â—ag 108. And note that the Statute 29 Car. 〈◊〉 29 Car. 2. hath provided That the Lessee â—r Grantee may devise such Estate or anothers Life by his Will in â—resence of three or more Witâ—esses If he devise it not Ibid. and his Heir â—ecome Occupant it shall be chargeble in his hands as Assets by Deâ—ent as in case of Lands by Fee-â—mple Stat. eod ' And in case there be no special Occupant Ibid. then it shall go to the â—xecutors or Administrators of the party that had the Grant and shall be Assets Stat. eod See the Statute Property by Descent 2. Inheritance is Fee-simple to a Man and his Heirs for ever Property in Lands gotten by Descent is where a Man having Lands of Inheritance dieth not making any disposition thereof but leaveth it to go as the Law appointeth and the Law appointeth that it be cast upon the Heir that is called a Descent in Law and upon whom this Descent is to light is the question Now Descent is either Lineal Lineal Descent or Collateral Lineal Descent is conveyed downward in a right-line from the Grand-father to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral Descent Collateral Descent is springing out of the side of the whole Blood as Grand-fathers Brother Fathers Brother c. as you may plainly
Covenant Grant Promise and Agree expressing the thing agreed upon by apt words and there be Deeds made altogether of Covenants whereof you may see good store in West Lib. 2. sect 57 58 59 60 c. Nota All Covenants are to be made on either side according to every several Contract as to be saved harmless or discharged to be seized in Fee c. To have power to sell to be Owner of the Tenements or Chattels sold to make further assurance for quiet enjoyment c. Sixthly The Conditions which are procedent or subsequent to the Estate Conditions what A Condition is generally a Rule Manner or Law annexed unto Mens Acts staying and suspending the same and making it uncertain whether they shall be or no For a Condition is properly said to be when any thing is referred to any incertain Chance West Symb Lib. 2 â—â—ct 110. which may happen or not happen The Words of a Condition The words of a Condition are Sub Conditione Ita quod Si Contingat Proviso semper i. e. Under Condition So that If it shall happen Provided always and the like But the words To the effect with that intent to pay c. do not make a Condition in Feoffments and Grants if it be not in the Case of the King or in the Case of a Will Landlord and Tenant page 34. Note Nota. There are two manners of Conditions one expressed by Words and called a Condition in Deed the other implied by Law and called a Condition in Law A Condition in Deed Condition in Deed. or express Condition is knit and annexed by express words to the Lease or Grant for example If I make a Lease for Years reserving Rent to be paid at such a Feast upon Condition That if the Lessee fail of payment at the day that then it shall be lawful for me to re-enter A Condition implied or Condition in Law Condition in Law is when a Man grants to one the Office to be Keeper of a Park Steward Bailiff or such like for Term of Life here the Law implieth a Condition That if he doth not truly and faithfully execute his Office then it shall be lawful for the Grantor to discharge him thereof Nota. Note also All Conditions are as aforesaid either precedent and going before the Estate and are executed or else they are subsequent and following after the Estate and to be executed Condition precedent Condition precedent doth gain and get the Thing or Estate made upon such Condition by the performance of the same as when an Estate is made to a Man for Life upon Condition That if the Lessee for Life will pay to the Lessor 20 l. at such a day then he shall have Fee-simple here the Condition precedes and goes before the Estate in Fee-simple and upon the performance of the Condition the Lessee doth gain and get the Fee-simple if Livery and Seisin were given Error was brought in Ejectment out of C. B. in a special Verdict The Case was John Hamond having two Sons John and Thomas being seized of a Copyhold Estate in Fee in nature of Burrough English surrenders to the use of himself for Life and after his Decease to the use of his Son John and his Heirs and Assigns for ever if he attain the Age of twenty one Years Provided That if my said Son John do die within Age then it shall go to my right Heirs Holt pro Quer ' in Error ' said The Question was If it was a Condition precedent or subsequent and held it was a Condition precedent and cited Plowden 35. and said A subsequent Condition is to be taken strictly and must have proper words but a precedent Condition may not Lit. 330. 1 Inst 103. Lit. sect 301. Jones Spring and Cesar fol. 389. Pollexfen pro Def. said There may be a Remainder upon a Condition precedent and Judgment was affirmed Mich. 26 Car. 2. Bockeril versus Hamond Ro. 120. A Condition subsequent Condition subsequent doth keep and continue the Thing or Estate made upon Condition by the performance thereof as when one grants to A. B. his Mannor of G. in Fee-simple upon Condition that the Grantee shall pay to him at such a day 20 l. or else that his Estate shall cease here the Condition is subsequent and following the Estate in Fee-simple and upon the performance thereof doth keep and continue the Estate Terms del Ley verb. Condition Void Conditions Nota If an Estate he made and the Condition against the Law the Estate 's good the Condition void Noy p. 78. If the Estate beginneth by the Condition then both are void Ibid. Conditions repugnant the Estate good the Condition's void Ibid. Conditions impossible are void and the Estate good Ibid. It shall not enlarge any Estate Ibid. No Man shall take advantage of a Condition except he be privy or party to it When the word Proviso Of the Word Proviso maketh a Condition it must have these three Qualities First it must not depend upon another Sentence or have Reference to any other part of the Deed for if it do then it is but a Qualification or Limitation of the Sentence or of that part of the Deed When and how it maketh a Condition as Provided that the Person of the Grantee shall not be charged Secondly it must be the word of the Bargainor Feoffor Donor Lessor c. Thirdly it must be compulsory to inforce the Bargainee Feoffee Donee Lessee c. to do an Act and where these Things concur in a Proviso it doth make a Condition in what place soever it be placed For cujus est dare ejus est disponere Landlord and Tenant p. 61. But note the Case put afterwards Nota Sometimes the word Proviso or Provided doth make a Covenant sometimes an Exception sometimes it is taken for a Reservation sometimes for an Explanation Ibid. When a Lessor letteth Lands Provided that the Lessee shall not alien without the assent of the Lessor under pain of forfeiture Proviso maketh a Condition here it is a Condition Ibid. If a man have two Mannors both of them named Dale and he leaseth his Mannor of Dale to one Provided that he shall have the Mannor of Dale in the occupation of A. B. This Proviso is an Explanation An Explanation Ibid. If a man lease a House and the Lessee covenants that he will repair it provided always the Lessor is contented to find the great Timber This Proviso is a Covenant A Covenant Ibid. If a man lease his House to D. provided he will have a Chamber thereto belonging to himself This Proviso is an Exception An Exception of the Chamber Ibid. If I make a Lease of Lands rendring Rent at such Feasts as J. S. shall name provided that the Feast of St. John Baptist shall be one here the Proviso is taken for a Reservation A Reservation Vid. Land-Lord and Tenant p. 61 62.