Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/291

 Ch. 18. of the fee, of which fealty is contantly one; and it tends in it's conequence to defeat and devet the remainder or reverion expectant: as therefore that is put in jeopardy, by uch act of the particular tenant, it is but jut that, upon dicovery, the particular etate hould be forfeited and taken from him, who has hewn o manifet an inclination to make an improper ue of it. The other reaon is, becaue the particular tenant, by granting a larger etate than his own, has by his own act determined and put an entire end to his own original interet; and on uch determination the next taker is entitled to enter regularly, as in his remainder or reverion. The ame law, which is thus laid down with regard to tenants for life, holds alo with repect to all tenants of the mere freehold, or of chattel interets; but if tenant in tail alienes in fee, this is no immediate forfeiture to the remainder-man, but a mere dicontinuance (as it is called ) of the etate-tail, which the iue may afterwards avoid by due coure of law : for he in remainder or reverion hath only a very remote and barely poible interet therein, until the iue in tail is extinct. But, in cae of uch forfeitures by particular tenants, all legal etates by them before created, as if tenant for twenty years grants a leae for fifteen, and all charges by him lawfully made on the lands, hall be good and available in law. For the law will not hurt an innocent leee for the fault of his leor; nor permit the leor, after he has granted a good and lawful etate, by his own act to avoid it, and defeat the interet which he himelf has created.

, both in it's nature and it's conequences, to an illegal alienation by the particular tenant, is the civil crime of diclaimer; as where a tenant, who holds of any lord, neglects to render him the due ervices, and, upon an action brought to recover them, diclaims to hold of his lord. Which diclaimer of tenure in any court of record is a forfeiture of the lands to the lord, upon reaons mot apparently feodal. And o likewie, if Rh