354 READING ON THE STATUTE OF USES. 



it is only a matter of subtilty or conceit to take the law 



right, when a man cometh in by the law in course of pos- 



This learning session, and where he cometh in by the statute in course of 



material for de- possession ; but it is natural for the deciding of many causes 



Ci uest!o s a . ny ancl questions, as for warranties, actions, conditions, waivers, 



suspensions, and divers other provisos. 



For example; a man s farmer committed waste: after 

 he in reversion covenanteth to stand seised to the use of 

 his wife for life, and after to the use of himself and his 

 heirs ; his wife dies ; if he be in of his fee untouched, he 

 shall punish the waste ; if he be in by the statute, he shall 

 not punish it. 



So if I be infeoffed with warranty, and I covenant with 

 my son to stand seised to the use of myself for life, and 

 after to him and his heirs ; if I be in by the statute, it is 

 clear my warranty is gone ; but if I be in by the common 

 law, it is doubtful. 



So if I have an eigne right, and be infeoffed to the use of 

 I. S. for life, then to the use of myself for life, then to the 

 use of I. D. in fee, I. S. dieth. If I be in by the common 

 law, I cannot waive my estate, having agreed to the feoff- 

 ment ; but if I am in by the statute, yet I am not remitted, 

 because I come in by my own act: but I may waive my 

 use, and bring an action presently ; for my right is saved 

 unto me by one of the savings in the statute. 



Where there is Now on the other side it is to be seen, where is a seisin 

 a seisin to the to the use of another person ; and yet it is out of the sta- 

 an7 v ltTisout tute which is in special cases upon the ground, wheresoever 

 of the statute, cestuy que use. had remedy for the possession by course of 

 common law, there the statute never worketh ; and there 

 fore if a disseisin were committed to a use, it is in him by 

 the common law upon agreement. So if one enter as occu 

 pant to the use of another, it is in him till disagreement. 



So if a feme infeoffa man, causa matrimonii pralocuti, she 



hath remedy for the land again by course of the law ; and, 



therefore, in those special cases the statute worketh not ; 



and yet the words of the statute are general, where any 



person stands seised by force of any fine, recovery, feofT- 



ment, bargain and sale, agreement or otherwise ; but yet 



the feme is to be restrained for the reason aforesaid. 



What persons It remaineth to show what persons may limit and declare 



may limit and a use : wherein we must distinguish; for there are two 



declare a use. kmdg of Declarations o f uses , the one of a present use upon 



the first conveyance, the other upon a power of revocation 



