Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/342

 326 to the encreae of a particular etate, is the ame in all repects with that pecies of releae, which operates by way of enlargement.

9., urumredditio, or rendering up, is of a nature directly oppoite to a releae; for, as that operates by the greater etate's decending upon the les, a urrender is the falling of a les etate into a greater by deed. It is defined, a yielding up of an etate for life or years to him that hath the immediate reverion or remainder, wherein the particular etate may merge or drown, by mutual agreement between them. It is done by thee words, "hath urrendered, granted, and yielded up." The urrenderor mut be in poeion ; and the urrenderee mut have a higher etate, in which the etate urrendered may merge: therefore tenant for life cannot urrender to him in remainder for years. In a urrender there is no occaion for livery of eiin ; for there is a privity of etate between the urrenderor, and the urrenderee; the one's particular etate, and the other's remainder are one and the ame etate; and livery having been once made at the creation of it, there is no neceity for having it afterwards. And, for the ame reaon, no livery is required on a releae or confirmation in fee to tenant for years or at will, though a freehold thereby paes; ince the reverion of the releor, or confirmor, and the particular etate of the releee, or confirmee, are one and the ame etate; and where there is already a poeion, derived from uch a privity of etate, any farther delivery of poeion would be vain and nugatory.

10. aignment is properly a transfer, or making over to another, of the right one has in any etate; but it is uually applied to an etate for life or years. And it differs from a leae only in this: that by a leae one grants an interet les than his own, reerving to himelf a reverion; in aignments he parts with the whole Rh