Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/384

 368 and tetament; and in my will I mut declare my intentions, and name a deviee, who will then be entitled to admiion.

order the more clearly to apprehend the nature of this peculiar aurance, let us take a eparate view of it's everal parts; the urrender, the preentment, and the admittance.

1., by an admittance ubequent whereto the conveyance is to receive it's perfection and confirmation, is rather a manifetation of the alienor's intention, than a transfer of any interet in poeion. For, till admittance of cetuy que ue, the lord taketh notice of the urrenderor as his tenant; and he hall receive the profits of the land to his own ue, and hall dicharge all ervices due to the lord. Yet the interet remains in him not abolutely, but ub modo; for he cannot pas away the land to any other, or make it ubject to any other incumbrance than it was ubject to at the time of the urrender. But no manner of legal interet is veted in the nominee before admittance. If he enters, he is a trepaer and punihable in an action of trepas: and if he urrenders to the ue of another, uch urrender is merely void, and by no matter ex pot facto can be confirmed. For though he be admitted in puruance of the original urrender, and thereby acquires afterwards a ufficient and plenary interet as abolute owner, yet his econd urrender previous to his own admittance is abolutely void ab initio; becaue at the time of uch urrender he had but a poibility of an interet, and could therefore transfer nothing: and no ubequent admittance can make an act good, which was ab initio void. Yet, though upon the original urrender the nominee hath but a poibility, it is however uch a poibility, as may whenever he pleaes be reduced to a certainty: for he cannot either by force or fraud be deprived or deluded of the effect and fruits of the urrender; but if the lord refue to admit him, he is compellable to do it by a bill in chancery or a mandamus : and the urrenderor can in no wie defeat his grant; his hands being for ever bound from dipoing of the land Rh