Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/290

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274
The Rights
Book II.

ſhall be given for or charged with any charitable uſes whatſoever, unleſs by deed indented, executed in the pretence of two witneſſes twelve calendar months before the death of the donor, and enrolled in the court of chancery within ſix months after it's execution, (except ſtocks in the public funds, which may be transferred within ſix months previous to the donor's death) and unleſs ſuch gift be made to take effect immediately, and be without power of revocation: and that all other gifts ſhall be void. The two univerſities, their colleges, and the ſcholars upon the foundation of the colleges of Eaton, Wincheſter, and Weſtminſter, are excepted out of this act: but ſuch exemption was granted with this proviſo, that no college ſhall be at liberty to purchaſe more advowſons, than are equal in number to one moiety of the fellows or ſtudents, upon the reſpective foundations.

2. Secondly, alienation to an alien is alſo a cauſe of forfeiture to the crown of the lands ſo alienated, not only on account of his incapacity to hold them, which occaſions him to be paſſed by in deſcents of lands[1], but likewiſe on account of his preſumption in attempting, by an act of his own, to acquire any real property; as was obſerved in the preceding volume[2].

3. Lastly, alienations by particular tenants, when they are greater than the law entitles them to make, and deveſt the remainder or reverſion[3], are alſo forfeitures to him whoſe right is attacked thereby. As, if tenant for his own life alienes by feoffment or fine for the life of another, or in tail, or in fee; theſe being eſtates, which either muſt or may laſt longer than his own, the creating them is not only beyond his power, and inconſiſtent with the nature of his intereſt, but is alſo a forfeiture of his own particular eſtate tohim in remainder or reverſion[4]. For which there ſeem to be two reaſons. Firſt, becauſe ſuch alienation amounts to a renuntiation of the feodal connexion and dependence; it implies a refuſal to perform the due renders and ſervices to the lord

  1. See pag. 249, 250.
  2. Book I. ch. 10.
  3. Co. Litt. 251.
  4. Litt. §. 415.
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