Reservation

The creation of a right v. Furnace Co., 29 Ohio St. 568; Stockbridge or interest which had no prior existence as iron Co. v. Iron Co., 107 Mass. 290. such in a thing or part of a thing granted, A reservation must always be for the granby means of a clause inserted by the gran- tor, and, if there are no words of limitation, tor in the instrument of conveyance. for his life only, and it is never to a stran- “The creation in behalf of the grantor of ger; Engel v. Ayer, 85 Me. 448, 27 Atl. 352; a new right issuing out of the thing granted, Stone v. Stone, 141 la. 438, 119 N. W. 712, something which did not exist as an inde- 20 L. R. A. (N. S.) 221, 18 Ann. Cas. 797; pendent right before the grant;” Stone v. Jackson v. Snodgrass, 140 Ala. 365, 37 South. Stone, 141 la. 438, 119 N. W. 712, 20 L. R. 24G; Haverhill Sav. Bk. v. Griffin, 184 Mass. A. (N. S.) 221, 18 Ann. Cas. 797; Herbert v. 419, 68 N. E. 839, 20 L. R. A. (N. S.) 221, Pue, 72 Md. 307, 20 Atl. 182; Blackman v. note; although to save it in some cases it Striker, 142 N. Y. 555, 37 N. E. 484. has been held to be an exception; Bartlett v. That part of a deed or instrument which Barrows, 22 R. I. 642, 49 Atl. 31; Bridger reserves a thing not in esse at the time of the v. Pierson, 45 N. Y. 601; Martin v. Cook, grant, but newly created. 2 Hilliard, Abr. 102 Mich. 267, 60 N. W, 679; or to operate by 359. way of estoppel; Butler v. Gosling, 130 Cal. The meaning of a reservation in a. contract 422, 62 Pac. 596. must be determined in every case by the par- Of Publio Lands. The public land laws of ticular facts of the case; Chicago, R. I. & the United States provide for reservations or tions and those for military posts, and for the conservation of natural resources, such as forests, mines, water power and the like. The jurisdiction of a circuit court over crimes committed on military reservations extends to the whole of such reservations, whether used for military purposes or not; Benson v. U. S., 146 U. S. 325, 13 Sup. Ct. 60, 36 L. Ed. 991. The land department of the United States has authority to withdraw or reserve public lands from sale, etc., and a grant by congress does not operate upon lands theretofore reserved for any purpose whatever. Lands withdrawn from sale by the land department are considered as reserved within the terms of this rule; Northern Pac. Ky. Co. v. Logging & Mfg. Co., 68 Fed. 993, 16 C. C. A. 97, 34 U. S. App. 66. An act for the sale of desert lands does not embrace alternate sections reserved to the United States along the lines of railroads for the construction of which congress has made grants of lands; U. S. v. Healey, 160 U. S. 136, 16 Sup. Ct. 247, 40 L. Ed. 369. See Lands, Public; Land Grant; Indian' Tribes; Woods and Forests.