R ESERVATION. The creation of a right or interest which had no prior existence as such in a thing or part of a thing granted, by means of a clause inserted by the gran tor in the instrument of conveyance.
"The creation in behalf of the grantor of a new right issuing out of the thing granted, something which did not exist as an inde pendent right before the grant;" Stone v. Stone, 141 Ia. 438, 119 N. W. 712, 20 L. R. A. (N. S.) 221, 18 Ann. Cas. 797 ; Herbert v. Pue, 72 Md. 307, 20 Atl. 182 ; Blackman v. Striker, 142 N. Y. 555, 37 N. E. 484.
That ,part of a deed or instrument which reserves a thing not in esse at the time of the grant, but newly created. 2 Hilliard, Abr. 359.
The meaning of a reservation in a contract must be determined in every case by the par ticular facts of the case ; Chicago, R. I. & P. Ry. Co. v. R. Co., 143 U. S. 596, 12 Sup. Ct. 479, 36 L. Ed. 277.
A reservation is distinguished from an ex ception in that it is of a new right or inter est: thus, a right of v% ay reserved at the time of conveying an estate, which may have been enjoyed by the grantor as owner of the es tate, becomes a new right. State v. Wilson, 42 Me. 9. Sometimes the terms are used in discriminately and what is designated by one in the deed is construed to be the other by- the court; Wellman v. Churchill, 92 Me. 193, 42 Atl, 352; Stone v. Stone, 141 Ia. 438, 119 N. W. 712, 20 L. R. A. (N. S.) 221, 18 Ann. Cas. 797: A reservation is never of a part of the real estate granted but something taken back out of it ; while an exception is of some part of the estate not granted; Youngerman v. Board of Sup'rs, 110 Ia. 731, 81 N. W. 166 ; the former applies to some thing that did not exist before; the latter, where the subject already exists; Sheffield Water Co. v. Tanning Co., 225 Pa. 614, 74 Atl. 742.
An easement may be acquired by the gran tor of a deed poll by a clause of reservation; and the technical distinction between reser vation and exception will be disregarded, and the language used so construed as to effectu ate the intention of the parties ; Haggerty v. Lee, 50 N. J. Eq. 464, 26 Atl. 537.
See EXCEPTION.
A reservation may be of a life-estate ; Col by v. Colby, 28 Vt. 10; Logan's Adm'r v. Caldwell, 23 Mo. 373 ; of a right of flowage; Moulton v. Faught, 41 Me. 298 ; right to use water ; Hammond v. Woodman, 41 Me. 177, 66 Am. Dec. 219; Olmsted v. Loomis, 9 N. Y. 423; right of way ; Hart v. Connor, 25 Conn.
331; Brown v. Thissell, 6 Cush. (Mass.) 254; Biles v. R. Co., 5 Wash. 509, 32 Pac. 211; a right of fishing ; U. S. v. Winans, 198 U. S. 371, 25 Sup. Ct. 662, 49 L. Ed. 1089 ; a ground rent, in Pennsylvania, and of many other rights and interests ; 9 B. Monr. 163 ; Alcutt v. Lakin, 33 N. H. 507, 66 Am. Dec. 739 ; Meri wether v. Lewis, 9 B. Monr. (Ky.) 163; Sloan v. Furnace Co., 29 Ohio St. 568; Stockbridge Iron Co. v. Iron Co., 107 Mass. 290.
A reservation must always be for the gran tor, and, if there are no words of limitation, for his life only, and it is never to a stran ger ; Engel v. Ayer, 85 Me. 448, 27 Atl. 352; Stone v. Stone, 141 Ia. 438, 119 N. W. 712, 20 L. R. A. (N. S.) 221, 18 Ann. Cas. 797; Jackson v. Snodgrass, 140 Ala. 365, 37 South. 246; Haverhill Say. Bk. v. Griffin, 184 Mass. 419, 68 N. E. 839, 20 L. R. A. (N. S.) 221, note ; although to save it in some cases it has been held to be an exception ; Bartlett v. Barrows, 22 R. I. 642, 49 Atl. 31; Bridger v. Pierson, 45 N. Y. 601 ; Martin v. Cook, 102 Mich. 267, 60 N. W. 679; or to operate by way of estoppel ; Butler v. Gosling, 130 Cal. 422, 62 Pac. 596.
Of Public Lands. The public land laws of the United States provide for reservations or "reserves" of government land for certain public purposes ; such as Indian reserva dons and those for military posts, and for the conservation of natural resources, such as forests, mines, water power and the like. The jurisdiction of a circuit court over crimes committed on military reservations extends to the whole of such reservations, whether used for military .purposes or not; Benson v. U. S., 146 U. S. 325, 13 Sup. Ct. 430, 36 L. Ed. 991.
The land department of the United States has authority to withdraw or reserve public lands from sale, etc., and a grant by congress does not operate upon lands theretofore re served for any purpose whatever. Lands withdrawn from sale by the land department are considered as reserved within the terms of this rule; Northern Pac. Ry. Co. v. Log ging & Mfg. Co., 68 Fed. 993, 16 C. C. A. 97, 34 U. S. 66. An act for the sale of desert lands does not embrace alternate sec tions reserved to the United States along the lines of railroads for the construction of which congress has made grants of lands ; U. S. v. Healey, 160 U. S. 136, 16 Sup. Ct. 247, 40 L. Ed. 369. See LANDS, PUBLIC; LAND GRANT; INDIAN TRIBES; WOODS AND FORESTS.