in an affignment, the affignor parts with his whole puts § 16. Where a perfon conveys away all his term, but referves rent to himself, this is not an affignment. § 17. A. having a term for years, whereof one year and three quarters was to come, agreed with B. that he should have the premises for the remainder of the term, paying the fame rent to A. as was reserved upon the original leafe. It was held that this was an underleafe, and not an affignment. § 18. The proper and technical words of an affignment are-affign, transfer, and fet over; but the words give, grant, bargain, and fell, or any other words which fhew the intention of the parties to make a complete transfer, will amount to an affign ment. Poulteney v. No technical Words necef fary. $ 19. There needs no confideration to fupport an 1 Mod. 263. affignment by a tenant for years, for the tenure and attendance, and the being subject to forfeiture, as alfo the payment of rent, if there is any, is fufficient to veft the term in the affignee. § 20. Previous to the statute of frauds and perjuries, Must be by all chattels real might have been affigned without Deed. deed. But it is enacted by that ftatute, that no leafes, eftates, or intereft, either of freehold, or term for years, or any uncertain intereft in lands, fhall be VOL. IV. affigned, M What may be affigned. Perk f. 91. Lit. f. 347 affigned, unless by deed or note in writing, figned by the party or his agent, lawfully authorized by writing. § 21. Every eftate and intereft in lands and tenements, may be affigned, as also every present and certain estate or intereft, in incorporeal hereditaments, fuch as rents, advowfons, &c. and even though the intereft be future, as a term for years, to commence at a fubfequent period, it may be affigned; for the interest is vested in præfenti, though it is only to take effect in futuro. § 22. It should however be obferved, that no right of entry or re-entry can be affigned, so that if a person be diffeifed, and affigns over his right to another, before he has entered on the diffeifor, fuch affignment 1 Inft. 214 a. is void. Lord Coke fays, that this doctrine is founded on a principle of the common law, that nothing in action, entry or re-entry, can be granted over; for fo under colour thereof, pretended titles might be granted to great men, whereby right might be trodden down, and the weak oppreffed. * Inft. 232 b. 21... § 23. In modern times, however, property only recoverable by fuit at law, is conftantly affigned, though in compliance with the ancient principle, the form of affigning a chofe in action is in the nature of a declaration of truft, and an agreement to permit the affignee to make use of the name of the affignor, in order to recover the poffeffion. And therefore when a debt or bond is faid to be affigned, it must still be be fued in the original creditor's name; the perfon to whom it is transferred being rather an attorney than an affignee, and our courts of equity, confidering that in a commercial country much property must lie in contract, will protect the affignment of a chofe in action, as much as the law will that of a chofe in poffeffion. of a Defeaz ance. Shep. T. 395. § 24. A defeazance is a collateral deed, made at the fame time with a feoffment or grant, containing certain conditions, upon the performance of which, the estate created by fuch feoffinent or grant, may be defeated. The word is derived from the French, Inft. 236 6. defaire, to defeat or undo, infectum reddere quod factum eft. A defeazance executed at the fame time with a feoffment, was confidered as a part of it, and therefore allowed; but no fubfequent fecret revocation of a folemn conveyance, executed by livery of seifin, was formerly permitted. § 25. As to things that were merely executory, 1 Inft. 237 a. or to be completed by matter fubfequent, as rents, conditions, warranties, &c. they were always liable to be defeated by defeazances made fubfequent to the time of their creation. 26. The difference betwen a defeazance and a condition is, that a condition is inferted in the deed by which the estate is created, and a defeazance is a separate deed, executed at the fame time with the original deed. S 27. A defeazance must be made in eodum modo, and by matter as high as the thing to be defeated. So that if the one be by deed the other must be so also. And where the defeazance recites the deed, which it is meant to defeat (as it always does) it must recite it truly. A 17. Where the Remedy may ex- 19. Affignable. 20. Of a Recognizance. Section 1. BOND or obligation is a deed, whereby the of a Bond. obligor binds or obliges himself, his heirs, executors, and administrators, to pay a certain fum of money to the obligee, at a particular day. If this be all, the bond is called a fimple one, fimplex obligatio. But there is generally a condition added, that if the obligor does fome act, the obligation fhall be void, or else shall remain in full force; as payment of rent, performance of covenants in a deed, or repayment of a principal fum of money, borrowed of the obligee, with intereft; which principal fum is ufually one half of the penal fum fpecified in the bond. § 2. There are only three things effentially neceffary to the making of a bond or obligation, 1ft, Writing on paper or parchment. 2d, Sealing; and, 3d, Delivery. For as to figning, that circumftance was |