FORMANCE

Non-performance of a condition which was possible at the time of its making, but which has since become impossible, is ex- cused if the impossibility is caused by act of God; Poll. Contr. 387; 10 Pick. 507; or by act of law, if it was lawful at its crea- tion; 16 Wall. 366; 1 Pa. 495; or by the act of the party; as, when the one impов- ing the obligation accepts another thing in satisfaction or renders the performance impossible by his own default; 21 Pick. 389; 1 Paine 652; 6 Pet. 745; 1 Cow. 339. If performance of one part becomes impos sible by act of God, the whole will, in gen- eral, be excused; 1 B. & P. 242; Cro. Eliz. 280; 5 Co. 21; 1 Ld. Raym. 279. The effect of conditions may be to suspend the obligation; as, if I bind myself to con- vey an estate to you on condition that you first pay one thousand dollars, in which case no obligation exists until the condi- tion is performed: or may be to rescind the obligation; as, if you agree to buy my house on condition that it is standing un- impaired on the tenth of May, or I convey to you my farm on condition that the con- veyance shall be void if I pay you one thousand dollars, in such cases the obliga- tion is rescinded by the non-performance of the condition: or it may modify the previous obligation; as if I bind myself to convey my farm to you on the payment of four thousand dollars if you pay in bank stock, or of five thousand if you pay in money: or, in case of gift or bequest, may qualify the gift or bequest as to amount of persons. The effect of a condition precedent is, when performed, to vest an estate, give rise to an obligation, or enlarge an estate already vested: 12 Barb. 440. Unless a condition precedent be performed, no estate will vest; and this even where the perform- mance is prevented by the act of God or of the law; Co. Litt. 42; 2 Bla. Com. 157; 4 Kent 125; 4 Jones, N. C. 249; 109 N. C. 461. Not so if prevented by the party imposing it; 13 B. Monr. 163; 2 Vt. 469. If a condition subsequent was void at its creation, or becomes impossible, unlawful, or in any way void, the estate or obligation remains intact and absolute; 2 Bla. Com. 157; 15 Ga. 103. Where the condition upon which an estate is to be divested and go to a third party is founded on a contin- gency that can never happen, the grantee will take a fee simple; 97 N. C. 206. In case of a condition broken, if the grantor is in possession, the estate revests at once; 5 Mass. 321; 5 S. & R. 375; 32 Me. 394; 63 Vt. 266; 129 Ind. 244; 1 Tex. Civ. App. 245. But see 2 N. H. 120. But if the grantor is out of possession, he must enter; 8 Blackf. 138; 12 Ired. 194; 18 Conn. 535; 8 Ν. Η. 477; 34 Me. 322; 8 Exch. 67; and is then in, as of his previous estate; Co. Litt. Butler's note, 94. Only the grant- or, his heirs or devisees, can take advan- tage of the failure to perform a condition subsequent, contained in a deed; 129 III. 466; 50 Ark. 141. It is usually said in the older books that a condition is not assignable, and that no one but the grantor and his heirs can take advantage of a breach; Gilbert, Ten. 26. Statutory have equal rights in this respect with common-law heirs; 18 Conn. 635; 25 Me. 625; and in some of the United States the common-law rule has been broken in upon, and the devisee may enter; 16 Pa. 150; 5 Pick. 528; contra, 20 Barb. 455; while in others even an assignment of the grantor's interest is held valid, if made after breach; 4 Harr. Del. 140; and of a particular estate; 19 N. Y. 100. In equity, a condition with a limitation over to a third person will be regarded as a trust, and, though the legal rights of the grantor and his heirs may not be destroyed, equity will follow him and compel a performance of the trust; Co. Litt. 236 a; 6 Pick. 306; 9 Watts 60; 2 Conn. 201. Consult Blackstone; Kent, Commentar ies; Crabb; Washburn; Real Prop.; Leake, Pollock, Contracts. As to effect of condi tions in deeds, see 9 Lawy. Rep. Ann. 165. Negative Condition. A condition which consists in not doing a thing; as, provided that the lessee shall not alien, etc.

9. By prerogative. -In England, the crown has the exclusive right of publishing certain books, of which the most important are the English translation of the Bible, the statutes, and reports of judicial proceedings. The privipublishing the Bible and some other books has been granted to the Universities of lege of publi CORAAGE, or CORAAGIUM.- An extraordinary imposition, upon some unusual occasion; it seems to be of certain measures of corn.-Blount. CORAM.-Before; in presence of; used in such phrases as the following: national copyright is the right of a subject Oxford and Cambridge. The crown's copyright of one country to protection against the is not now strictly enforced. Shortt Copyr. 36. republication in another country of a work which he originally published in his own country. The right of foreigners to protection, in England, against the republication there of works (books, prints, sculptures, &c.,) originally published abroad, can only exist by virtue of an order in council applying to the particular country, and such an order can only be made when by the law of that country reciprocal protection is given to British subjects. (7 and 8 Vict. c. 12; Shortt Copyr. 130; Fairlie v. Boosey, 4 App. Cas. (the king, i. e. in the King's or Queen's 711; Klostermann Geist. Eig.; Eisenlohr, Bench). Applied to writs of error directed Verträge, passim.) The subject of international copyright has been for some time under discussion in the United States, but no definite result has yet been attained. 6. Authorized translations.-Similar protection may be given against the publication in this country of unauthorized translations (i. e. translations not sanctioned by the author) of books published abroad, provided the original work is registered here and an authorized translation published within a certain time from the publication of the original work. 7. Copyright is a species of incorporeal personal property; it may be assigned by a written instrument or by an entry in the register. Shortt Copyr. 152. 8. Copyright is also said to mean the right which the author of an unpublished CORAM IPSO REGE.-Before the king himself. The old name of the Court of King's Bench, which was originally held before the king in person. 3 Bl. Com. 41.

The question whether an act is possible is of importance in law, with reference to the performance of conditions and agree- ments. With reference to the nature of the act required, an impossibility is either physi- cal, legal or logical. Physical Impossibility. An act is PHYSICALLY IMPOSSIBLE when it is contrary to the course of nature. Such an impossibility may be either absolute, i. e., impossible in any case (e. g. for A. to reach the moon), or relative (sometimes called impossible in fact, i. e. arising from the cir- cumstances of the case. E. g. for A. to make a payment to B., he being a deceased person. R. & L. Dict.; 3 Sav. Syst. 157, 164; Poll. Cont. 330. Practical Impossibility. To the latter class belongs what is sometimes called PRACTICAL IMPOSSIBILITY, which ex- ists when the act can be done, but only at an excessive or unreasonable cost. Thus, when a ship is so injured that it is not worth while repairing her, the same effect with respect to the liability of the insurer is pro- duced, as if it were physically as well as practically impossible to repair her. Id.; Leake Cont. 2nd ed., 682. Legal or Judicial Impossibility. An act is LEGALLY or JURIDICALLY IM- POSSIBLE when a rule of law makes it impossible to do it, e. g. for A. to make a valid will before his majority. This class of acts must not be confounded with those which are possible, although forbidden by law, as to commit a theft. Id.; 3 Sav. 169. Logical Impossibility. An act is logi- cally IMPOSSIBLE when it is contrary to the nature of the transaction, as where A. gives property to B. expressly for his own benefit, on condition that he transfers it to C. Id.; 3 Sav. 159. Original Impossibility. With reference to the time when the impossibility first exists, the act may be either ORIGINALLY IM- POSSIBLE (ab initio), or become impossible by MATTER SUBSEQUENT (ex post facto). Thus, if A. contracts with B. to pay money into the hands of C., and C. was dead at the time the contract was entered into, then the payment was originally im- possible; if C. was alive at the time, but dies before the payment, it becomes impossible by matter subsequent. Id. The latter class is again divisible according as the per- formance of the act required is rendered impossible by the person creating the requirement, by the person for whose benefit the act was to be done, by the person required to do it, by a stranger, such as the public enemy, by the act of God, by a change in the law, etc. Id.; Leake Cont. 692 et seq.