Law

A condition not expressed in words, but implied by law; a tacit condition, (conditio tacita). Bract, fol.

47.

As if a grant be made to a man of an office generally, without adding other words, the law tacitly annexes hereto a secret condition, that the grantee shall duly execute his office. Litt. sect.

328, 378. 2 Bl. Com. 152. 2 Crabb's Real Prop. 804, § 2 1 46.

Termes de la ley

Anciently also called a condition covert. Id. So it was a tacit condition annexed to every tenancy, that the tenant should not do any act to the prejudice of the reversion.

4 Kent's Com. 122.

Condition in law. [Fr. condition en ley.] A condition tacitly created [or annexed to a grant,] by law, without any words used by the party.

Co. Litt. 201 a, 234 b.

See Condition implied. A limitation is called by Littleton a condition in law. Litt. sect.

880. 2 Bl. Com. 166.

See Limitation. Condition precedent. A condition preceding an estate.* A condition which must happen or be performed before the estate to which it is annexed can vest or be enlarged. As if a man grant to his lessee for years, that, upon payment of a certain sum within the time, he shall have the fee, this is a condition precedent, [that is, the condition precedes the estate in fee,] and the fee does not pass until the money be paid.

2 Bl Com. 154. Co. LitL 217. Termes de la ley, 1 Steph. Com. 277 — 281. 2 Wooddes. Led. 86. 2 Crabb's Heal Prop. 792, 8 2128. 4 en '* Ccwi. 126. 2 Dallas* A 317. rj ONDi Tiox PRECEDENT.

In the law of contracts. A condition preceding the accruing of a right or liability.* An act essential to be performed by one party, prior to any obligation attaching upon another party, to do or perform another given act.

Moltkouse. Chitty an Contracts, 738.

CoNDrriON SUBSEQUENT. A Condition following an estate.* A condition annexed to an estate already Tested, by the performance of which such estate is kept and continued, and by the failure or non-performance of which it is defeated.* Co. Lilt, 201.

2 Bl. Com. 154.

As if a man grant an estate in fee simple, reserving to himself and his heirs a certain rent, and that if the rent be not paid at the times limited, it shall be lawful for him and his heirs to re-enter and avoid the estate; this is a condition subsequent, the estate of the grantee being defeasible, if the condition be not performed.* Litt. sect.

325. 2 BL Com. 164. 1 Steph. Com. 278. Kent's Com. 125.

U, S. Dig. Condition I. (c).

Condition inherent

A condition annexed to the rent reserved out of the land whereof the estate is made; [or rather to the estate in the land, in respect of rent, <fec.] Shep. TbtA. (by Preston), 118.

Condition collateral

A condition where the act to be done is a collateral act. Id. ibid.

Condition affirmative

A condition which consists of doing a thing; as provided that the lessee shall pay rent, &c. Id. ibid.

Condition negative

A condition which consists in not doing a thing; as provided that the lessee shall not alien, <&c. Id. ibid.

Condition restrictive

A condition for not doing a thing; as that the lessee shall not alien or do waste, or the like. Id. ibid.

Condition compulsory

A condition expressly requiring a thing to be done;* as that a lessee shall pay 10 1. such a day* or his lease shall be void. Id. ibid.

Condition single

A condition to do one thing only. Id. ibid.

Condition copulative

A condition to do divers things. Id. ibid.

Condition disjunctive

A condition requiring one of several things to be done. Id, ibid.