Office Attendance and such like as well as in paying of Mony If the Heir make a Lease for 7 H. 5.4 Co. on Lâ—â—t f. 42. a. Life reserving a Rent against whom the Mother recovers her Dower and dieth the Lessee shall have the Land again for his Life and the Rent is revived The Acceptance of the Rent 22 H. 8. Br. Acceptance 14. upon a void Lease will not make the Lease good again but Vide Browning's Case Pl. Co. 136. if it be onely voidable it wil. The Acceptance of a Redemise to begin presently is a Suspension Noye's Maximes p. 70. of the Rent before any Entry but otherwise if it be to begin in futuro Acceptance of a Rent which See Co. 3. l. in Pennant's Case there is not in Esse nor due to him that accepts it doth not affirm the Lease as where Lands are given to the Husband and Wife and the Heirs of the body of the Husband and he leases the same and dies and the Issue accepts the Rent of the Lessee in his Mother's life and after she dies now the Issue may avoid the Lease for when he accepted the Rent it was due to his Mother and not to him If the Successor of a Parson â—4 H. 8. Bâ— â—eases 19. â—â— H. 8. Br Dean â—0 Leases 52 See Co. 3. l. fo â—5 66. in Pennant's Case See Revel Haâ—â—'s Case Goldsb Rep. pa. 138. pl. 44. or Vicar accept the Rent of a Lease for Years made by his Predecessor yet it is worth nothing for the Lease is void by Death but it is otherwise of a Lease for Life But if the Successor of a Bishop Co. ibid. 2 F. 6 Br. â—eases 33. 32 H. 8. Dyer 46. Abbot or Prior accept the Rent upon a Lease for Years he shall never avoid it for it was but voidable onely and his acceptance hath now confirmed it If he that hath Rent-Service See Hopkins Moâ—â—on's Case vouched in Pennant's Câ— Co 3. l. Hern's Law of Conv. p. 40. Co. 1 par Inst f. 373. a. 11 H. 4. 55. 10 Eliz. Dyer 271. or Rent-Charge accepts the Rent due at the last day and gives an Acquittance for it all the Arrearages due before are thereby discharged If Tenant in Tail make a Lease for 40 years to commence Pl Co. f. 437. a. Co. 1 par Inst f. 46. b. 10 years after his Death rendring Rent and after he dies and the Issue enters and enfeoffs B the 10 years expires then the Lessee enters if B. accept the Rent the Lease is good If the Husband and Wife let the Land of the Wife for years Tamen quaere P. 5 Mar Dyer 160. and see 4 Maâ— Dyer 141. Gough's Case rendring Rent and after the Husband dies and she before any day of payment takes another who accepts the Rent and dies by this the Lease is affirmed If Tenant for Life lease Lands for years and dies the Lease is void and the Rent reserved upon the Lease is determined and Acceptance by him in Remainder will not make it good for when it is once void by Death no Acceptance after will make it good If the Husband and Wife let the Lands of the Wife for 3 H 6. f. 22 H. 6. f. ibid. 21 H. 6.24 Kitchin p 234. B. Terms of the Law verb. Acceptance years rendring Rent and the Husband dies if the Wife accept the Rent it is a good Lease If Tenant in Dower lease for years and die the Lease is void â—â— H. 8. Br. Tit. Auncest 14. and Acceptance of the Rent by the Heir will not make it good again If a man seised in Fee let for 1 F. 6. Br. 18 and see Finche's Law l. 1. c. 4. p. 68. 10 years and after selleth the Land and taketh back an Estate to him and his Wife and then the Husband and Wife let for 20 years reserving Rent and the Husband dieth the Wife accepts the Rent during the first 10 years in this case the second Lease is not affirmed for 21 Eliz. 563. Philips Prin. of Law p. 164. the Acceptance of the Rent before the Lease beginneth and so before any Rent be due is no Acceptance at all A Lease for Years may be Noye's Maximes p. 78. confirmed for a time or upon Condition or for a piece of the Land but if it be a Franktenement it shall enure to the whole absolutely There is a diversity between See in Pennant's case 38 â—liz Co. 3. l. f. a Lease for Life and for Years In case of a Lease for Life though the Conclusion of the Condition be that it shall be void yet acceptance of the Rent due after the breach doth affirm it and make it good again for the Free-hold being created by Livery cannot be determined before Entry If a Prebend lease for 70 years and Patron Dean and See â—ooâ—d'â— Ca. 37 â—l in C. B. Co. 5. l. f. 81. Chapter confirm the Demise aforesaid in form aforesaid made for 51 years and no farther this is a Confirmation of all the Term but if they had recited the Lease and confirmed the Land for 51 years this had been good But by whatsoever words they confirm a Lease for Life or Gift in Tail for part this shall confirm all because they are intire If the Tenant of the Land and a Stranger join in a Lease for Co. 1 pâ—râ—â—â—st 〈…〉 H. 4. 1. 27 〈◊〉 8.16 Years by Deed indented of the same Land this is the Lease of the Tenant onely and Confirmation of the Stranger and yet the Lease as to the Stranger works by Conclusion If two several Tenants of several Co. ibid. Lands join in a Lease for Years by Deed indented these be several Leases and several Confirmations of each of them and work not by way of Conclusion If B who is Tenant for Life Co. ibâ—â— Vid. Tâ—â—port's case M. â—7 El. in B. R. Co â— l. f. 15. Vide Ellis Chowne's case 44 â—l in C. B. Rot. 1459. of C and he in the Remainder or Reversion in Fee make a Lease by Deed indented in this case this is the Lease of B during the Life of C and the Confirmation of him in Remainder and after the Death of C it is then the Lease of him in Remainder and Confirmation of B and in this case there is no Conclusion If Tenant for Life and he in Remainder in Fee make a Lease Co. 1 par Inst f. 45. a. 2â— H. 8. 〈…〉 See Bredon's case 39 40 â—liz 〈◊〉 1. l. f. 76. 〈◊〉 Dyer 234. by Deed indented and the Lessee be ejected during the Term in the Life of Tenant for Life he must then declare in his Action of a Lease from Tenant for Life and if it be after his Death he then must declare of a Lease from him in Remainder If Cestui que use make a Mich. 35 H. 8. Dyer 58. Lease for 20 Years the first
to year so 14 H. 8.16 Noy's Max. p. 66. Br. Lease 13.22 long as both parties please is a good Lease after Entry in any year for that year till warning be given to depart If a Lease be made to A and his Assigns for his Life and the See Rosse's case 41 42 Fl. Co. 5. l. f. 13. Herne's Law of Conv. p. 12. Life of B and C this is a good Lease for 3 Lives But if a Lease be made for an See in Co. said 5. Book in Brudenel'â—câ— 34 â—l in B. R. see Brownl 2 part p. 292. hundred years if A and B live so long in this case if either of them die the Lease is ended A Lease rendring Rent to See Co. 5. l. f 111. in Mallery's ca. 43 Eliz. Herne's Law of Conv. p. 142. one and his Heirs or his Heirs alone but of a Feoffment Tenendum to one or his Heirs is but an Estate onely for the Life of the Feoffee If a man make a Lease to See 3 Jac. Savin's ca. in C. B. Co. 5. l. f. 123. commence after the end or determination of a former Lease in esse and after the first Lease is out and the second Lessee entreth not but he in the Reversion enters and makes a Feoffment and levieth a Fine with Proclamations and 5 years pass without Entry or Claim of the second Lessee in this case the Fine barrs him for the Stat. 4 H. 7. c. 24. speaks of Interest and a Lease for years is an Interest within the Statute If an Infant who is seised of Co. 1 part Inst f. 45. b. Land held in Soccage make a Lease at his age of 15 this is good and shall bind him If Tenant in Tail make a 10 E. 3.26 34 Ass 15.23 E. 3. Dower 130. Co. 1 part Inst f. 46. a. Lease for Years according to the Statute rendring Rent and die without Issue now as to him in the Reversion the Lease is void but if he endow the Wife of that Land it shall be good against her or if Tenant in Tail die without Issue his wife enseint with a Son and he in Reversion enters and after the Wife is delivered in this case the Lease is again revived although it were once void by the Entry of him in Reversion Nota. If Tenant in Fee take a Co 1 part Inst f. 46. a. Wife and make a Lease for Years and after die and the Wife is thereof endowed here she shall avoid the Lease but after her Death it shall be in force again against the Heir If an Husband have a term of years in Right of his Wife Idem ibid. b fo 35â— â— Mich. 26 27 El. adjudged in boâ—h Court intâ—r Amnor Loddington And â—â—e 7 Jac. in Manning's case Co. 8. l. f. 94. if she die it remains to him but if she survive him it remains to her and not to his Executors without he make disposition of it in his life-time 14 El. Pl. Com. 419. If a man lease for Life to I. S and the next day leases to W. B. 37 H. 8 Br. Leases 48. the end for 20 years the second Lease is void if it be not a Grant of a Reversion with Attornment for in Law the Free-hold is more worthy and perdurable then a Lease for Years yet if the Lessee for Life die within the Term the Lease for Years is good for the rest of the years to come If a man license another to Brownl 2 part p. 250. 10 E. 4. f. 4. 5 H. 7. f. â— enter and occupy his Lands this is a good Lease for Years in Law If a man lease for 60 years and so from 60 years to 60 â—l Com. f. 273.29 H. 8. Br. Leases 49. years until 200 years be ended this is all the same Lease and good for the term If a man have a Lease for 32 l. Ass 6. 500 years it is but a Chattel notwithstanding the long time A Lease for Years though it be never so long cannot be H. l. 2â— Car. in B. R. Sâ—yles Regest Practicale p. 197. Intailed for the nature of a Chattel cannot be turned into an Inheritance If a man seised of Land in Co. 1 part Inst f. 4â— â— Vid. â—hâ—lipps â—â— of Law p. 88. Fee-simple make a Lease of the same to another To have and to hold the same for term of Life and do not mention whose Life in this case it shall be taken to be for the Lessee's Life for the Act of every man shall be taken most strongly against himself But if Tenant in Tail let Co. ibid. f. 183. b. Finch l. 1. c. 4. p. 60. such a Lease without expressing whose Life it shall be taken to be for the Life of the Lessor A Lease for a thousand daies 14 H. 8. f. 1. Finch l. 1. c. 5. p. 67. is a Lease for Years A Lease for Years and a Release Finch cod loco Co. Lit. f. 207. a. amounteth to a Feoffment If Joynt-tenant make a Lease Finch l. 1. c. 3. p. 97. Mich. 3 Eliz. Dyer 187. Lit l. 3. c. 3. Co. 1 part Inst f 185. a. 186. a. b. But see Dyer f. 178. Harbâ—n Baâ—tonâ—s case Goldsb p. 187. pl. 1â—0 for years of his part though the Lessee never had possession or though it be to begin at a day to come and the Joynt-tenant which made it die before the day yet the Survivor shall be bound by the Lease for the Lessee hath a present Interest But it is otherwise of a Grant Co 1 part Inst f. 184. b. Finch ibid. 5 El. Plo. 203. Brownâ— â—â— Com. 263. b. in Dame Hales case to have a Lease if the Grantee pay 10 pound before Midsummer next and the Joynt-tenant which made the Grant die before the day for here is no Interest at all but a Communication till the mony be paid If a man let Land for Life without saying more the Reversion Finch l. 2. c. 3. p. 113. â—it of the Fee-simple is in the Lessor If Tenants for Life or Years of Land make a Feoffment in Idem ibid. Br. Foâ—is 96. Fee and give Livery they forfeit their terms If two take a Lease for their Lives and make partition either See Farrington's case Dyer 67. Cowell's Inst p. 199. of them dying his part immediately reverts to the Lessor If a Lease be made to a Feme sole for 40 years if she so long See Sayer and Hardye's case Goldsb p. 179. pl. 112. live sole and continue unmarried now if she die the Lease is determined or if I make a Lease for 40 years if the Lessee dwell upon the thing let during the term here if the Lessee die the term is determined But if it be a Lease for 40 years if the Lessee dwell upon Idem in Save 's Hardye's câ—se the thing let during his Life in this case if the Lessee dieth the
except an Acre this Acre is no part of the Mannor as to the Lessor but as to him that hath right to demand the Mannor by an eigne Title it remains parcel and therefore he shall make no fore-prise in his Writ A Lease of a Mannor excepting the Services the Exception Finch ibid. p. 53. is void for it is parcel of the thing let If one make a Lease excepting a Close and Wood now 14 H. 8. â— the Law giveth him a way to come to it If the Lessor make a Feoffment Noye's Maximes p. 59. and the Lessee for years giveth leave to the Lessor to make Livery and Seisin of the premisses saving to himself his Lease and he doth so here the Term is not surrendred for the Lessee had an Interest which could not be surrendred without his consent to surrender and here no such intent doth appear wherefore he may enter and have his Term and the Rent is renewed but it is otherwise with a Lessee for Life for there the Rent is extinct If a Lessee for years do take a new Lease for more years this Perkins 117. Vide Watt Maidwell's Case Hil. 3 Car. â—â—â— 1302. B. R. Hutton's Rep. 104. is a Surrender in Law of the old Lease A Lessee for years cannot surrender before his Term begin Perkins 601. Noye's Maximes 74. neither can he surrender part of his Lease but he may grant part of it If two Joynt-tenants in Fee are of one Acre of Land and 5 E. 3.19 sâ—â— Perkins 80. lease the same Acre to a Stranger for Life and the Lessee granteth his Estate to one of the Lessors this is a Surrender for the whole Acre and not for a Moiety Tamen quaere If a Lessee for Life of an Acre of Land lease the same Acre to his Lessor for years the Remainder to a Stranger in Fee this is no Forfeiture though he do make Livery and Seisin to the Lessor If a Lessee for Life or Years Herne's Law of Convey p. 76. Perkins pl. 609. of Land say to his Lessor that he will occupy his Lands no longer which he holdeth of him for Life or Years and so wills him to enter in this case if the Lessor consent it is a good Surrender But if the Lessee for Life or 1 Ass p. 20. Tr. 8 E. 3.46 Perkins 117. Years of a House and Lands remove his goods out of the House and Land by reason of the greatness of the Rent or because he is behinde in his Rent or for any other cause and the Lessor do enter into the House and Lands this is no Surrender of the Tenant If a Lessee for Years assign 37 â—l B. R. Overton and Siddal's Case cited in Co. 3. l. in Walker's Case there over his Term and die his Executors shall not be charged for Rent due after his Death Noye's Maximes p. 72. If the Executors or Administrators Co. ibid. in Walker's Case ut suprá Noye's Maximes p. 72. of a Lessee for Years do assign over their Interest neither doth an Action of Debt lie against them for Rent due after the Assignment If a Lessee assign over his Marrow Turpin's Case P. 41 Eliz. Rot. 2485. Vide March Brace's Case M. 11 Jac. in B. R. Bulst 2 part 151. Hern's Law of Conv. p. 110. Term the Lessor may charge which of them he will but if he once accept of the Rent from the Assignee knowing of the Assignment he cannot then after bring an Action of Debt against the Lessee for Rent due after the Assignment If the Lessor grant away the 36 Eliz. Ungle Glover's Case Reversion after the Assignment Vid. Co. 3 l. in Walker's Case there and see Humble Oliver's Case M. 36. El. in B. R. Popham 55. of the Lessee in this case the Grantee cannot have an Action against the Lessee for the Rent because there is no privity between them If a Tenant for Life enfeoff 19 E. 3. Surr. 8. Co. 1 par Inst f. 42. a. him in Remainder for Life this is a Surrender and no Forfeiture If a Tenant for Life make a Co. ibid. 13 â— â— Dower 95. Lease by Deed or without Deed to him in Remainder or Reversion and after he in Remainder taketh wife and dieth in this case she shall not be endowed for the Tenant for Life shall injoy the Land again for it cannot be a Forfeiture because he in Remainder was a party and Surrender it cannot be for that his whole Estate was not given If a Tenant for Life take an Co. 1 par Inst f. 42. a. 29 Ass p. 64. Husband and by Deed indented they make a Lease to him in the Reversion for the Life of the Husband reserving a Rent this is neither Forfeiture nor absolute Surrender for the reasons in the last Case mentioned But if a Tenant for Life take Husband and they by Deed indented make a Lease to him in Reversion for the Life of the Wife reserving Rent this is a Surrender for their whole Estate is granted and the Reservation is void If a Lessee for 20 years take Co. 1 par inst â— 218. b. Pl. Com. in Fulmerston's Case 107. b. Vid. Poph. Rep f 9. V. Herne's Law of Conv. p. 73 74. Finch l. 1. c 4. p. 62. 1 2 P. M. 107. a Lease for 10 years to begin presently upon Condition if such a thing be not done to be void now the first Lease is surrendred in Law and though the second Lease be void upon the Condition broken yet the Surrender remaineth good If a Lease for years be made to a man without any Consideration Perkins 536. the Lessee shall be seised to his own use If a man make a Lease to another Dr. Stud. l. 1. c. 24. See the Clerk of Assize p. 63. and his Heirs for 20 years intending that his Heirs shall have it yet if the Lessee die notwithstanding the intent the Executors and not the Heir shall have it If a man let a House cum pertinent Pl. Com. f. 85. b. f. 270 273. 31 H. 8. tit Lease 55.23 H. 8. tit Feoffment 53. no Lands pass but if it be cum omnibus terris pertinent here the Lands used with the same do pass Herns L. of Con. p. 104. If a man take a Lease of his Br. Estoppel 221. M. 31 32 El. in C. â— in â—ondon's Case adjudged Co. 1 part Inst f. 47. b. Vide Terms of the Law verb. Estoppel own Land by Deed indented he is then concluded to say that the Lessor had nothing in the Land at the time of the making of the said Lease but after the Lease is out the Estoppel is removed If two Joynt-tenants are of a 24 Car. See Beverley's Case Clayton's Rep. p. 111. pl. 189. see Green's Case An. 1650. Idem p. 146. pl. 265. Lease for Years and one bid the other go out of the House
of May to begin at Mid-summer and the Feoffees make a Lease the second of May for 30 years to the Lessee to begin at Midsummer also this is no Surrender of the first Lease but it shall enure as a Confirmation for 20 years a new Lease for 10 years If a Parson let a Lease for Vide Co. 1 part Inst f. 300. See Dyer 69. See Parsons Law chap. 4. Philipps Pr. of Law p. 78. Years of his Glebe-land if it be confirmed by Patron and Ordinary it shall binde the Successor otherwise not If Tenant in Tail lease his 32 H. 8. Br. Acceptance 13. Lands for 20 years rendring Rent and die and the Lessee leases to another for 10 years and the Issue accepts the Rent of the second Lessee this is no Affirmance of the Lease for there is no privity between the second Lessee and the Issue contrary if he accepts it of him as Bailiff of the Lessee But if the first Lessee had Bro. ibid. leased over all his Term in parcel of the Land let and his Assignee pays the Rent to the Issue in Tail who accepts it this affirms the intire Lease for Rent upon a Lease for Years is not apportionable If a man make a Lease to one Dr. Stud l. 2. c. 20 f. 93. b. for Life and after confirm the Estate of the Tenant for Life the Remainder over to A B in Fee this is a void Remainder notwithstanding the intent for no Remainder can depend upon an Estate but where the Estate begins at the same time when the Remainder doth and in this case the Confirmation neither inlarged the Lessee's Estate nor gave him a new one But if a Lease be made to Dr. Stud. l 2. c. 20. p. 93. b. one for another man's Life and after the Lessor confirms the Estate to the Lessee for the Lessee's own life the Remainder over this is good for here the Estate is inlarged If a man let Lands for Years Sâ—e Cibill and Hill's Case M. 30 Eliz. n C. B. Leonard's Rep. 110. Vid Noye's Max. p. 70. Howe â—râ—om Hil. 43 El. 〈◊〉 â—ep p. 125 pl. 15. p 114. pl. 6. Herâ—e's Law of Conv. p. 118. See in Walker's Case Co. 3. lib. see Goddard's Case Mich. 34 El. Com. Bâ—â—co Oweâ—'s Rep. f. 10. or Life reserving Rent and do enter into any part thereof and take the profit the whole Rent is thereby extinguished and shall be suspended during his holding thereof If there be two Joint-tenants M. 2 3 â—liâ— Dyer 187. Finch l. â— c. â— p. 13. for Life and one let his part for years rendring Rent and dies the Term shall continue against the Survivor but the Rent is gone If a man have a Lease for Pâ—r Whorwood Hales Br. â—xâ—â—nguishment 54. â—eases 63. Surrender 52. Years as Executor to A and after purchases the Reversion of the Land in Fee the Lease is extinct and yet it shall be Assets in the hand of the Executor It behoveth such persons as Co. 1 part Inst f. 20â— b. 40 Ass 11. Noye's Maximes p. 83. Marche's Rep. p. 147. pl. 218. But note it may be covenanted that the Lessor shall re-enter without Demand if both parties please will re-enter upon their Tenants to make demand of the Rent at the House upon the Land if there be one if the payment be not appointed elsewhere by the Agreement of the parties where the Lessor himself or his sufficient Attorney a little before Sun-set in the presence of 2 or 3 sufficient Witnesses shall say Here I demand of R. A. 10 pound due to me at the Feast of St. Martin the Bishop last past for a Messuage Barn c. which he holds of me in Lease by Indenture for 20 years bearing Date c. and so remain there upon the Land the last day that the Rent is due to be paid until it be dark that he cannot see to tell the money But note this Demand must 49 Ass 5. 15 â—l Dyer f. â—29 Perkins 838. be made at the Fore-door of the House and not at the Back-door Co. 1 part Inst f. 201. b. 153. a. b. Herne's Law of Conv. p. 28. for if it be it is not good because the Demand must be at the most notorious place and it is not material whether any person be there or no and if the Lessee be in the house and the door open yet the Lessor need go no farther then the Fore-door If there be no House the Dyer 329. 15 El. Perkins 838. Co. 1 part Inst f. 202. a. 49 Ass 5. See a pretty Case in Poph. Rep. 58. upon a Lease of two Barns the â—essor demanded at the one the Lessee did tender at the other and it was held to be a good Tender to save a Re-entry Demand must be made at the most notorious place of the Land as at some High-way leading through the same for if it be either at the back-door of the House or some obscure place in the ground it is void and the Lessor shall not take advantage by such Demand for Re-entry or breach of any other Condition If the Rent be reserved to be paied at any place from the See Kidwell's Case Pl. Com. f. 70. Boroughs's case 38 El. in B. R. Coo. 4. l. f. 73. Co. 1 part instit f. 202. a. Land yet it is in Law a Rent and the Lessor must demand it at the place appointed by the parties observing the Rules aforesaid of the most notorious place But if the Lessee come to the Co. 1 part Inst f. cod Perkins 837. Herne's Law of Conv. p. 29. Lessor at any place upon the ground at the day of payment and tender his Rent to the Lessor this is good enough and shall save the Condition and the Lessor is bound to receive it although it were not at the most notorious place nor last instant of the day for he may tender it at any time of the day though the last instant be the legal time of payment But this Tender must be of Tr. 23 Car. in B. R. Regest Pract. p. 327. the whole Rent without deduction of Taxes or Assessments or other Charges Co. 1 part Inst f. 202. a. 20 H. 6.30 See Pl. Com. â—ill and Grange's case f. 167.172 and Cranly and Kingswell's Ca. Pasc 15 Jac rot 710. Hobart's Rep. f. 207. Hern's Law of Conv. p. 25 26 29. 6 H. 7.3 Where one leases Land to another for Years rendring Rent of the Land at the Feasts of St. Ellenmas and Martinmas or within 15 daies and for default of payment to re-enter in this case it is satisfactory and lawful for the Tenant to tender it the last hour of the last day if the mony may be told in that time and so it sufficeth for the Lessor to demand it the same hour If a man grant a Rent-charge Vide Trin. 36 Fl. Thyn
Cholmley's case Goldsb Rep. p. 186. See Sir Jo. Spencer Sir John Poynes case Tr. 5 Jac. in B. R. Godbok's Rep. 154 Remmington Kingerbies case 18 Car in B. R. in Styles Rep. 4. Sir Rich. Grobham and Thornborough's case Hobart f. 82. to another with Condition that if the Rent be behind for ten daies after any Rent-day that the Lessee the Executors c. shall pay 3s 4d for every day untill the aforesaid Rent so behind shall be satisfied in this case the Rent must be demanded or otherwise the Nomine Poenae shall never be recovered Hobart fo 133. Howel's Case If a Lease be made upon Pennant's case 38 â—l Co. 3. l. 65. Vid. Green's case 18 â—l in B R. Leon. Rep. 262. March Curtie's case 40 El. C. B. roâ— 1302. vouched in Pennant's case Co. 1 par Instit f. 211. b. Pl. Com. fo 133. Hern's Law of Conv. p. 26 94 Condition of Non-payment to re-enter if the Lessor distrain he may not re-enter but he may accept of the Rent and yet re-enter but if he receive the next Rent again then he cannot for that establisheth the Lease Entry into an Acre in the name of all is good enough if the Land lie all in one County If a Lease for Years be rendring 38 â—l in Pennanâ—'s case Co. 3. l. f. 65. see 40 â—l in C. B. Rot. 1302 in March Curtie's case vouched there Hughes's gr Abr. 1 part p. 14. C. 10. Rent with Condition that if the Lessee assign his term the Lessor may re-enter the Lessee assigneth and the Lessor receiveth the Rent of the hands of the Assignee not knowing of the Assignment now notwithstanding the acceptance of the Rent yet the Lessor may re-enter if he please for the receiving the Rent baâ—s him not because he knew not of the Assignment In a Lease for Years if the 28 H 8 Dyer 7. Hughes's gr Ab. 1 par pa. 240. C. 1. Lessee covenant that if he his Executors or Assigns do aliene that then the Lessor shall re-enter and afterwards he makes his Wife Executrix and dies who takes Husband again and he alienes in this case the Lessor may re-enter for the Husband is Assignee in Law A Lease which is onely voidable 21 Car. B. R. Styles Regestum Practicale p. 196. Vide Hanson Norcliff's case Hil. 18 Jâ—c Amphurst Palmer's case P. 19 Jac. Hobart 331. and not absolutely void must be made void by the Lessor's entry but if it be absolutely void there needs no Entry If a man make a Lease for Years yielding to him and his Dr. Stud. l. 1. c 20 p. 35. a. See the Clerk of Assize p. 56. Heirs a Rent upon Condition that if it be behind by the space of 40 daies c. that then it shall be lawful to the Lessor and his Heirs to re-enter the Rent is behind 40 daies c. and is demanded by the Lessor as it ought by Law and is not paid and now the Lessor dieth in this case his Heir may enter for a Title of Entry descends But if the Lessor had died after Dr. Stud. l. 1. c. 20. p. 35. a. Cl. of Assize p. 57. the Feast-day and before the 40th day and the Heir there makes a Demand at the 40th day in this case he may not enter for non-payment ideo nota If a Lease be made to A and Tooker's case 43 El. Co. 2. l. f. 39. B for their Lives and after the Lessor grants the Reversion to C for his Life to which Grant A attorns and after by his Deed surrenders to C all his Interest and Estate and dies in this case C may enter and hold in common with B. If a Lease be made to A for Life and after the Death of B Vide M. 2â—â— 3. 87. Tr. 1 H. â— 31. Perkins 52. And see â—9 â—l in Boraston's case Co. 3 lib. f. 19. 32 H. 6. Tit. Feoffment Faits 99. Co. on â—â— f. 378. a. See the Clerk of Assize p. 60. Herne's Law of Conv. p. 8 Kitchin f. 155. a. the Remainder to another in Fee in this case if A die living B the Remainder is void and so if a Lease be made to R for Life the Remainder to the right Heirs of IS this is good if R outlive IS otherwise it is void If a Lease be made to A for 9 El. Dyer 254. see Pl. Com. 190. Trin. 8 Eliz. Cecil's case Dyer 253. 41 years if he live so long and if he die within the aforesaid Term that then the Wife of the aforesaid A shall have it for the residue of the said years this Limitation is void for if A die the Term ends and the Wife shall have nothing If a man have an House for 40 years and devise the House Pasch 14 El. Dyer 307. to IS without limiting any Estate the Devisee shall then have the intire Term for he may not have for Life nor at Will nor for lesser Term of years But if a man have a Term of 30 years and grants so many of Br. Leases 66. see the Rector of Cheddington's case 40 El. Co. 1. l. f. 153. them as shall be behind at his death this is void for the incertainty for he may live till all be out and then nothing remains If a man let all his Meadow See Dyer f. 80. in the questions there for the L. Willoughby in D containing 10 Acres in this case if there be 20 Acres all pass There needs no Livery and Litt. l. 1. c. 7. Vide Herne's Law of Conv. p. 35. Seisin upon a Lease for Years but the Lessee may enter when he will and if there be Livery and Seisin upon such a Lease to have according to the effect thereof this Livery is void and the Lessee shall but have an Estate for Years A man makes a Lease for Years and after makes a Deed Co. 1 part Inst f. 48. b. See Bettisworâ—h's case 33 â—l in C. B Co. â— l. f. 31. see Herne's Law of Conv. ubi suprá p. 3â— of Feoffment and delivers Seisin the Lessee being upon part of the premisses and not knowing nor assenting to it this Livery is void for though the Lessor hath the Free-hold and Inheritance in him yet the possession is in the Lessee and Livery must be given of the possession but if the Lessee be absent and hath neither Wife nor Servants though he have Cattel upon the ground then the Livery shall be good If a man let Lands or Tenements Lit. l. 1. c. 7. Vide Philipps â—r of Law p. 94. by Deed or without deed for Term of Years the Remainder over to another for Life in Tail or in Fee in this case Livery of Seisin must be given by the Lessor to the Lessee for Years otherwise nothing passeth to them in Remainder the Reasons you have before in this Chapter
Lease continueth If there be two Joynt-tenants Harbin Barton's case 30 El. Goldsb Rep. 187. pl. 130. for Life and the one make a Lease for 80 years to begin after his death and after dies this is a good Lease against the Survivor If a Lease be made to the Brownloe's 2 part p. 206. the end Dr. Stud. l. 2. c. 33. f. 120. a. b. See Cowel's Inst p. 193. Husband and Wife yielding a greater Rent then the Land is worth in this case if the Husband die the Wife may refuse the occupation of the Land and so be discharged of the Rent but if the Husband overlive the Wife and die his Executors if they have Asserts to pay the Rent to the end of the term may not refuse thé Lease but if they have not Assetts they may wave the occupation and by special pleading discharge Finch l. 1. c. 3. p. 31. 4 E. 6.68 b. See Co. 5 l. in Brudenel's case themselves If a Lease be made to A and B for their Lives in this case if either die the other shall have all during his life for it is an Interest Philipps Pr. of Law 131. If a Woman make a Lease at Henstead's case 36 37 El. C. B. Co. 5. l. f. 10. See M. â—7 El. in C. B. râ—t 16â—4 Will reserving Rent and after take Husband yet the Lease at Will continues still and if a 3 H. 8. Vid. Keilwaye's Rep. f. 162. Terms of the Law verb. Counteâ—mand Feme sole who is Lessee at Will take Husband yet the Lease at Will is still good If Husband and Wife make a Lease at Will of the Co. 1 part of Inst f. 55. b. Wives Lands reserving Rent and the Husband dieth yet the Lease at Will continueth and so it is if two make a Lease at Will to two others if either one of the Lessors or Lessees die yet the Lease is good If Tenant at Will lease for Years in his own name it is a 2â— H. 6.3.22 E. 4. 5. Co. 1 par Inst l. 57 a. 12 E. 4.12 Disseisin and the Lessor may have Trespass against the Grantee of the Lessee at Will If a man lease to one at Will 21 H. 6. f. 42. Kitchin 237. a. and the Lessor dies the Will is gone If I let Lands in which are 9 E. 4. f. 37. per Needham Mines or Trees I cannot enter to take the Trees or Mines but am a Trespasser unless I reserve such a privilege to my self when I let the Lands All Feoffments Gifts Grants Perkins 16. Co. on Lit f. 253. b. 14 Ass pl. 20. Plo. 18. a. Vide Philipps Principles of Law p. 4. and Leases made by Duress of Imprisonment are voidable and that not onely by the parties themselves but by their Heirs and by those who have their Estates If the Lessor come upon the Finch l. 1. c. 3. p. 57. Vid. Hunt Downam's case Pasc 16 Jac. B. R. Câ—o. 2 part 478. ground leased he is no Trespasser for it shall be intended that he came to see if Wast were done Although a Lessee for Years Styles Regestum Practicale p. 198. Pasch 1650. in B. R. do lose his Indenture of Demise of the Lands let unto him yet he shall not lose his term in the Lands let by Indenture which is lost if it can be proved any way that there was such a term let to him by Indenture and that it is not determined and so it is of any other Estate in Land if the Deed that created the Estate be lost if it can be sufficiently proved that there was such a Deed made and that such an Estate was conveyed by Deed. If Tenant for term of years or any other Tenant be outed or if they die their Executors or they if living shall have reasonable time and free liberty to come and fetch away their Utensils and other goods out of the Lessor's House CHAP. V. Of Corn sown where the Tenant is outed or the Term determines before it be ripe who shall have it and also of Estovers and Trees blown down c. IF Tenant at Will sow the â—leta l. 3. c. 13. Co. 1 part Inst f. 55. a. 11 â— 4. f. 90. Vide Philipps Pr. of Law p. 86. Land he shall have free liberty to come and cut and carry away his Corn although the Lessor put him out before it be ripe But if Tenant for Years sow Co. on Lit. f. 55. a. b. Lit. â—h Tenant at Will See the Clerk of Assize p. 60. the Land and his term end before the Corn be ripe the Lessor shall have it without it be covenanted between them that he shall have his way-going Crop as they call it in Yorkshire and the reason of this is because the Tenant did know when his term would end and it was his folly to sow Corn that would not be ripe till the term were expired If Lessee at Will set Roots or sow Hemp or Flax or any annual Co. ubi suprá 18 E 4.18.10 Ass pl. 6. profit if after they be planted the Lessor out him or if the Lessor die yet the Lessee or his Executors shall have that year's Crop But if he plant young Fruit-trees Co. ubi suprá Temps E. 1. Br. 25. or young Oaks Ashes Elmes c. or sow the ground with Acorns if he be outed by the Lessor he shall have none of these because they yield not present annual profit Every Tenant that hath an Estate incertain shall have the Co. ibid. 7 Ass 19. Corn sown by him though he be ousted before it be ripe Co. ubi suprá 10 E. 3.29 See in Sir Henry Knivett Poolâ— case Goldsborough's Rep. p. 143. pl. 60. Co. 5. l. f. 85. See the Clerk of Assize p. 60. If Tenant for Life soweth the ground and dy before the Corn be ripe his Executors shall have it and Grass if it be cut but not Meadow unmown for that is part of the Inheritance till it be severed The like Law is of the Lessee Co. on Lit. f. 55. b. for Years of Tenant for Life If a man be seised of Land in Co. ibid. 7 Ass pl. 10. Perkins 518. Swinburn's Wills 3 part sect 6. p. 163. Dyer 316. 8 Ass 21. Vide Pacis Consultum p. 83. right of his Wife and sow the Land and die his Executors shall have the Corn but if they be Joynt-tenants of Lands and the Husband soweth the ground and dieth the Wife shal then have it If A lease Land for the life of B and sow the Land and before the Corn be ripe B dies yet notwithstanding A shall have the Corn for his Estate was determined by the Act of God The same Law is of a Woman Cowell's Inst p. 141. Fulb. par f. 37. b. Perkins 513. Swinburn ubi suprá Tenant for Life or in Dower who takes Husband and he sows the Land and before the Corn
may put him out when he pleases The same Law is if it be at the Will of the Lessor it is intended at the Lessee's Will also for the Lessor cannot force him to stay longer then he pleases Tenant at sufferance is he Co. 1 par Inst f. â—7 b. Brac. lib. 4. f. 318. 21 H. 6. f. 42. Kitchin f. 238. a. 4 E. 3. 35. 24 E. 3.24 F. N. B. 201. D. Plow Com. 138. who comes in by lawful Lease and keepeth possession after his Lease is out and wrongfully holdeth over Finch lib. 2. cap. 3. As Tenant for Life of I. S. who holdeth over after the death of the said I. S. The Lessor cannot have an Coo. ubi suprá Action of Trespass against such Tenant before his Entry into the Premisses CHAP. II. Of the Covenants Conditions Grants Proviso's Reservations Exceptions Surrenders Assignments c. of Leases IF the Lessor Covenant to 38 Eliz. Sir Anthony Mayn's Case Co. 5 par f. 20. Noy's Maximes p. 13. Hughes grand Abr. 1 par p. 487. c. 16. make a new Lease upon Surrender of the old Lease and afterwards he makes a Lease by Fine for more years to a Stranger here the Covenant is broken although the Lessee did not Surrender the which by the words ought to be the first Act for that the Lessor did disable himself either to take the Surrender or make the new Lease If a man make a Lease for Noye's Maximes p. 17. 50. Dr. Stud. lib. 1. ca. 24. Years and the Lessee covenanteth and granteth to pay to the Lessor his Heirs and Assigns yearly during c. 10 pound here if the Lessor die the Executors shall have the Rent arrear If a man covenant and grant 37 H. 8. Bro. â—eases 60. Kit. Court-Leet p. 235. b. to R. A. that he shall have ten Acres of Land in C. for years this is a good Lease for Concessit is of such force as Dimisit If the Lessee covenant for Pasch 25 Eliz. in B. R. Co. 5 par f. 16 17. Spencer's Case M. 29 Eliz. in B. R. Barker and Fleetwell's Case Godbolt's Rep. fo 69 70. Vide Hern's Law of Conv. p. 107 108 109. him and his Assigns to build a Brick-wall or an House upon the Lessor's Land or pay a Collateral Summe of money to the Lessor and after the Lessee assigneth over his Term in this case the Assign shall not be bound by this Covenant because the things were onely Collateral and were not in esse nor parcel of the Demise at the time of the Lease made If there be a Covenant in a 38 Eli. Co. â— par f. 64. Pennant's Case Cowell's Inst p. 193. Dyer f. 51. Lease that if the Rent be behinde for such a time then the Lease to be void here no acceptance of the Rent after such failure will make the Lease good If a man let a House and Trin. 1649. Rot. 348. in B. R. Compton and Allen's Case Styles 162. F. N. B. fo 145. K. Noye's Max. p. 16. 40 E. 3. 5. Finch p. 64. 38 Eliz. Sir Anthony Mayn's Case Co. 5 par l 20. Lands for years and the Lessee covenanteth to uphold the Houses and to leave the Houses and Lands in as good a plight and estate as he found them in this case if the Houses be blown down by Tempest or fired by accident or otherwise destroyed if the Lessee do not repair and build them again and leave them as good as he found them the Lessor may bring an Action of Covenant against him at the end of his term but if he maketh Wast in the cutting of Timber the Lessor may have an Action of Covenant before the end of the Term for that And if the Lessee for years Mich. 44 Eliz. in B. R. Dean and Chapter of Windsor's Ca. Co. 5 par f. 24. Hughes's grand Abr. 1 par p. 492. c. 19. covenant and grant for him and his Executors with the Lessor to repair the Houses as often as need requires and after the Lessee assigns over his term and the Assignee suffers the Houses to decay in this Case an Action of Covenant lies against the Assignee although he be not named in the Covenant If the Lessor covenant with Co. 1 par Inst f. 41. B. Dyer f. 19. the Lessee that he shall have sufficient Hedge-bote by the Assignment of him or his Bailiff here he may not take it without Assignment Quia modus Conventio vincunt Legem If a man take a Lease by Indenture Perkins Tit. Câ—â—ditions 738. M. 1649. B R. Styles prac Regist p. 7â— of a ruinous House or that wanteth Reparations and do Covenant in the Lease to leave the House at the end of the term in good Repair here he is bound to leave it in good Repair whatsoever happen by the Rule aforesaid but if he do not covenant to doe it he is not bound by Law in such case to doe it If a Lease for Years be made Pasc 14 H. 8. 32. Perkins 738. 40 E. 3. 6. Hughes's gr Abridgment p. 499. c. 2. Philips's Principles of Law p. 2. of a Wood by Deed indented and it is there covenanted that the Lessee shall leave the Lessor's Wood in as good plight as it was at the time of the Lease made and during the term the Wood is destroyed by a sudden Tempest in this case the Lessor can have no Action of Covenant against the Lessee for the non-performance of this Covenant for it is not possible for him to perform the same and Lex non cogit Impossibilia 22 H â— See Goldsborough's Reâ— p. 16. in the â—nd If a Lease be made for Years rendring Rent and the Lessee is bound to perform all Covenants and Agreements if he do not pay the Rent the Obligation is forfeited for the paiment of the Rent is an Agreement If a man be bound in an Obligation Dr. Stud. lib. â— cap. 47. to repair the Houses of the Obligee as often as need shall require during such a time and after the Houses need Reparations in this case though the Obligor knoweth not that they need Reparations yet he is bound to take notice at his peril for Ignorance here excuseth not But if the Condition had Dr. Stud. ibid. been to repair such Houses as the Obligee should assign and after he assigneth c. but the Obligor hath no notice of it here the ignorance shall excuse him for the Obligee ought to give him notice but if the Assignment had been appointed to a Stranger there the Obligor must have taken notice at his peril If a Lease for Years be made Lit. 166. 26 H. 8. 3. Finch lib. 2. c. 3. p. 115. with Warranty this sounds not in the nature of a Warranty but of a Covenant because it is but a Chattel and if the Lessee be ousted yet he may have an Action of Covenant If I be seised of 10
but it is said he may have an Action of Debt for it but some doubt of it If I lease Lands to another Perkins 91. Co. 1 part Inst f. 46. b. for Years the term to begin at the Feast of Easter next and before the Feast the Lessee grants his term to a Stranger this is a good Grant for he hath an Interest before Entry which may be granted over If Rent be granted to me I Perkins 91. may grant it away to a Stranger before I be seised thereof If a man grant to another Perkins 108. Common of Pasture for 10 Kine in Lands in such a Town though the Grant be general yet the Grantee shall not have Common but in Lands Commonable so as the Grant shall extend but to Pasture-grounds Tenant at Will cannot grant 27 H. 6. f. 3. b. Kitchin p. 237. a. over his Estate for he hath no Interest certain If a Lease be made to Baron Hil. 17 El. in B. R. Co. 1 part Inst f. 46. b. and Feme for term of their Lives the Remainder to the Executors of the Survivor of them if the Husband grant away the term and die yet this shall not bar the Wife If the Husband and Wife be ejected of a Term in the right Co. 1 part Inst f. 46. b. 37 Ass p. 11. Pl. Co. 418. b. of his Wife and the Husband bring an Ejectione firme in his own name and do recover die in this case his Executors shall have it and not the Wife son the Recovery in his own name did vest the Term in himself If a man be possest of a Term Co. ibid. Pl. Co. 2â—0 b. Dame Hale's Case Co. 1 part Inst f. 351. a. See Finch lâ—â— c. 5. p. 72. Dyer 264. b Herne's Law of Conv. p. 81 82. of 40 years in right of his Wife and make a Lease for 20 years reserving Rent and die here the Executors of the Husband shall have the Rent for that Term but the Wife shall have the Remainder of the Term when the 20 years is out but if he had granted the whole Term then she had got nothing A Release made to Tenant Co. 1 part Inst fo 270. a. 49 E. 3.28.32 H. 6.8 Co. ibid f. 46. b. Perkins 602. See the Clerk of Assize p. 50. for Years before his Entry to encrease his Estate is void but a Release of the Rent before Entry is good The Tenant may grant away his Interest to another before Entry and although the Lessor die before Entry yet the Lessee notwithstanding may enter into the Lands or if the Lessee die before Entry his Executors or Administrators may enter and if the Lease be made to two and one die before Entry yet his Interest survives The Lessor cannot grant away Co. 1 par Inst fo 46. b. the Reversion before the Lessee's Entry by the name of a Reversion If a man grant to a Lessee for 12 El. 381. Finch l. 1. c. 3. p. 15. Vid. Lutterell's case 43 El. in B. R. Co. 4 lib. f. 86. Co. 1 par Inst f. 41. a. Vide Co. 5 l. in Spencer's case years that he shall have so many Estovers as shall serve to repair his House or that he shall burn within his House or such like during the Term this is appurtenant to the Land and shall run with the same as a thing appurtenant in whose hands soever the same cometh If a Lessee for years grant a Rent-charge and surrendreth 1 El. 198. Finch lib. 1. cap. 3. p. 27. Noye's Maximes p. 7. the Rent shall be paid during the Term to the Stranger If 2 Tenants in common do Pl. Com. Hill Grange's Case 171. 2 3 P. M. 140. b. 161. b. Finch l. 1. c. 3 p 63. Co. 1 par Inst f. 197. a. grant a Rent of 10 shill this is several and they shall be charged with 20 shill Rent but if they make a Lease and reserve 10 shill Rent they shall have no more but onely 10 shill between them If a man make a Lease provided â— N. B. 223. Mich. 3 Jac. in C B. Co. 1 par Inst f. 52. b. 45 El. in B. R. Dumpor's Case Co. 4 l. f. â—19 Hern's Law of Conveyances 110. that the Lessee or his Assigns shall not aliene the premisses without special licence of the Lessor c. and after the Lessor giveth licence to aliene the same or any part in this case the Lessee may aliene and his Assigns ad infinitum without any more License for the Proviso is determined for ever and if the Lessor die before the Lessee aliene yet that does not countermand it If the words of a Lease be M. 3. E. 6. Dyer 65 66. Hughes's gr Abr. 1 part p. 417. that it shall not be lawful for the Lessee to aliene without the assent of the Lessor on pain of Forfeiture this Restraint continueth but during the Life of the Lessor and Lessee If a Lessee for years devise Dyer f. 75. Cowel's Inst p. 142 143. Bro. Chattels 23. Donâ— 57. Herne's Law of Conv. p. 81. his whole term to A provided if he die while I. S. is alive then the Residue shall remain to I. S A alienes and dies in this case I. S. is without remedy If a man make a Lease for 27 H. 8.19 Finch l. 1. c. 3. p. 65. years reserving Rent to him Mich. 5 Jac. inter Woâ—ton Edwin in B. R. Co. 1 part Inst f. 47. a. Goldsbor Rep. p. 148. pl. 68. Vid. Pacis Consultum p. 92. without naming his Heirs the Rent shall then determine upon his death if he die within the Term or if it be to him and his Assigns or Executors it is all one but if it be reserved generally without shewing to whom it shall go to his Heirs If a man lease Land to another See 17 El. in B. R. inter Pepal Hammington Poph. 117 118. by Deed indented except and alwaies reserved to the Lessor all great Trees growing upon the same Land by this Lease the great Trees shall not pass If two Copartners make a Finch l. 1. c. 3. p. 9. Lease reserving Rent they shall have this Rent in common as they have the Reversion but if afterwards they grant the Reversion excepting the Rent then they shall be Joint-tenants of the Rent If a man let Lands for years Dyer 56 82. Co. 1 par Inst f. 148. b. Hughes's gr Abr. p. 193. 1 par c. 6. reserving Rent and a Stranger doth recover part of the Land then the Rent shall be apportioned that is to say divided and the Lessee shall pay having respect to that which is recovered and to that which yet remaineth in his hands according to the value If a man make a Lease of a 1 2 P. M. 104. Finch l. 1. c. 3. p. 18. Perkins 643. 11 H. 4. 2. Philipps Pr. of Law p. 122. Mannor
and he does so in this case he may have an Ejectione firme against his fellow as well as if he had put him out by force CHAP. III. Of Payments Rents Acceptance Confirmations Extinguishments Demands Re-entries Limitations c. of Leases IF the Lessee be to pay his Rent to his Lessor at May-day Vide Clun's Case 11 Jac. in B. R. Co. 10 lib. f. 227. Co. 1 part Inst f. 202. a. And see Hare Savil's Case M. 7 Jac. in C. B. Brownloe's 2 part p. 273. Herne's Law of Conv. p. 23. and Martinmas or within 15 daies next after either of the said Feasts in this Case the Tenant need not pay till the 15th day for that is the legal day and the other onely a voluntary day of Payment and if there be a Clause that if the Rent be behind by the space of 15 daies after any of the said daies of payment then the Lease to be void in this case the Lessee shall have 30 daies after either of the Feasts to save his Lease but if the Clause in the Lease be that if the Rent be behind for the space of 15 daies next after either of the said Feast-daies of payment here the Tenant hath but 15 daies onely allowed him and so the diversity is to be noted If a Tenant in Tail let part Co. 1 par Inst f. 44. b. Vid. Lord Mount-joy's Case Co. 5. l. f. 3. Anno 31 32 Eliz. in B. R. of the Land accustomably letten reserving the Rent pro Rata or more this is a good Lease for such Lands or if the accustomable Rent were formerly payable at four Feasts and now it is reserved and payable all at one Feast yet it is good enough If a man lease for Years rendring 11 Jac. in B. R. Clun's Case Co. 10 l. f. 227. See Hare Savil's Case M. 7 Jac. in C. B. Brownl Rep. 2 part p. â—73 V. Hern's Law of Conv. p. 22 23. Rent at the Feasts of the Annunciation and Michaelmas or within 15 daies after here if the Lessor dy after either of the Feasts and before the 15 daies be out the Heir shall then have the Rent for the disjunctive is added for the benefit of the Tenant and the first day is but voluntary but the legal payment is at the end of the 15 daies and if the Lessee before the day pay the Rent this is voluntary and not satisfactory but it is good to give Seisin if payment be in the Morning and the Lessor die at Noon though this payment be voluntary too yet it is satisfactory against the Heir If a man lease for Years rendring See Manley and Jennings Case Pasch 10 Jac. in C. B. Brownlo Rep. 2 par p. 176. Noye's Maximes p. 80. 6 E 6. Br. Tender 20. Rent at Martinmas and other Covenants if the Lessee be bound in an Obligation to pay the Rent precisely in this case he must seek the Lessor to pay him but if he be bound to perform the Covenants c. he may then tender it upon the Land if no other place be agreed upon and it sufficeth for the payment is of the nature of the Rent reserved Rent payable at a day the 1 Mar. 172. b. Finch l. 1. c. 3. p. 38. Noye's Maximes p. 81. Vide Wade's Case 43 Eliz. C. B. Co. 5. l. f. 111. Hern's Law of Conv. p. 30. party hath all the day till Night to pay it but if it be a great summe as 500 or 1000 pound he must then be ready as long before Sun-set as the mony may be told for the other is not bound to tell it in the Night If a Parson let his Glebe to a Lay-man the Lessee shall pay 32 H. 8. Bro. Dismes 17. Finch l. 2. c. 1. p. 88. Tithes to the Parson besides the Rent because they are of common Right If a man make a Lease for See Clun's case 11 Jac. Co. 10. l. f. 227. Years rendring Rent at the Feast of St. Michael in this case if the Lessor die on Michaelmas-day in the morning if the Rent be unpay'd the Heir shall have it but if the Tenant pay it that morning before the Lessor die the Executors shall then have it If a man lease a Stock of Cattel Co. 1 par Inst f. 47. b. 292. b. F. N. B. 267. or other goods rendring Rent at several daies he shall not have at Action of Debt till all the daies be expired and so it is upon an Obligation for these are personal Contracts but in case of a Lease for Years which is a real Contract it is otherwise for there the Lessor may have an Action of Debt after every day or he may distrain A man is not bound to pay an Annuity without an Acquittance See in Pennant's Case 38 Eliz. Co. 3. l. Perkins 780. but a Rent-service or Rent-charge he is If the King make a Lease Vide in Co. 4 lib. Borouâ—hs's Case 38 Eliz. in B. R. Co. 1 par Inst f. 201. b. Anâ—â—ee Goldsbor Rep. p. 124 pl. 9. Hern's Law of Conv. p. 27. rendring Rent without limiting any place or to whose hands the Lessee may either pay it to the Exchequer or to the Bailiffs or Receivers of the King when a Common person appoints no place of payment the Law appoints it to be upon the Land and there the Demand must be made as is shewed afterwards in this Chapter If two Joynt-tenants be and they make a Lease for Years by 5 E 4.4 Co. 1 part Inst f 47. a. Co. 8 l. f. 70 71. paroll or Deed-poll reserving a Rent to one of them yet this shall enure to them both but if it be by Deed indented it shall enure to him alone by way of Conclusion If a Lease be of Land and Trin. 35 H. 8. Dyer 56. 2 Mar. Dyer 100. and see 20 El. Dyer 361. Sheep and the Sheep die or part of the Land is surrounded with the Sea some are of opinion that the whole Rent shall issue out of the rest Tamen quaere If a man lease Land and die See Goldsbor Rep. p. 98. pl. 17. Trin. 30 El. Vide Herne's Law of Conv. p. 22 24. before one of the Rent-daies the Heir shall have the Rent due at the next day after his death but if there were any Rent arrear at the Rent-day before the Lessor's death the Executors or Administrators shall have that and may either distrain or have an Action of Debt for it The Lessor upon a Lease at Co. on â—it f. 57. b. Will may distrain for Rent arrear but if he impound the Distress in the ground letten at Will the Will is then determined Upon a Lease for Years a man may reserve the Rent to be Co. 1 part Inst 142. a. and see Perkins 696. in the delivery of Hens Capons Geese Turkies Oxen Sheep Roses Spurs Bows Shafts Horses Hawks Pepper Cumine Wheat or other profit that lieth in Render
be ripe the Wife dies But if a Woman who holds Lands durante viduitate suâ V. Oland's Case 44 El. in B. R. Co. 5. l. f. 116. Co. on Lit. f. 55. b. Vid. Goldsb Re. p. 189. pl. 136. Hern's Law of Conv. p. 239. sow the ground and then take Husband here the Lessor shall have the Corn and so if Tenant at Will sow the Land and then will occupy the Land no longer he shall lose the Corn and the reason of this is because that the determination of their Estates grew by their own Act. A Lease made by the Husband Noye's Maximes p. 70. Vid. Stat. 32 H. 8. ch 28. alone of the Wives Land is void after his death but if the Lessee have sown the Land he shall have the Corn. If there be Land-lord and Tenant and the Land is recovered Tr. 37 H. 6.35 Perkins 515. Cowel's Inst p. 142. by a Title paramount against the Land-lord in this case if the Tenant have sown the Land he that recovered shall have the Corn if it be not severed before Judgment Note that to every Tenant Brac. l. 4. f 222 231 232. Fleta l. 4. c. 19 25 26 27. F. N B. 180. 21 H. 6.46 10 F. 4.3 Vide â—uâ—terel's case 43 Fl in B. R. Co. 4. l. f. 86 87. Terms of the Law verb. Haybote verb. Fâ—â—â—bote and Housebote Philiâ—s Pr. of Law p. 65. for Life or Years the Law as incident to his Estate giveth him without provision of the party three kind of Estovers that is Housebote which is twofold viz. Estoverium aedificandi ardendi that is for repairing the Houses and burning then Ploughbote that is to say Estoverium arandi that is for mending his Ploughs Harrows Wains and making Rakes and Forks for getting his Hay and lastly Haybote and that is Estoverium claudendi and this is for repairing and mending his Stack-bars Gates Stiles and Hedges but these Estovers must be reasonable Bote in the Saxon tongue and Estovers in the French tongue in this case are all of one signification that is to have Compensation or satisfaction for these purposes These Estovers the Lessee Co. on Lit. f. 41. b. may take without the Assignment of the Lessor unless the Lessee be restrained by special Covenant for Modus conventio vincunt legem Estovers granted to be burnt Finch l. 1. c 3. p. 15. 12 El. 381. 5 H. 7.1.7 gr 58. P. 26 H. 8.4 Perkins 104. Kitchin f. 51. a. in such an House shall go to him that hath the House by whatsoever Title for one is inseparably incident to the other If Tenant for Life or Years cut down Trees or pull down Vide Co. 4. l. 31 El. in B. R. in Harlackenden's case there Co. 11. l. in Lewis Bowles's case 13 Jac. Houses or suffer them to fall the Lessor shall have the Trees and Timber of the said Houses for the Lessee had them onely as things annexed to the Land and he shall not have a greater Interest in them by this tortious Severance If Timber-Trees be blown down by the wind the Lessor Vide Co. ubi suprà 16 El Dyer 332. F. N. B. 59 M. 20 E. 3. Wast 32. shall have them for they are parcel of the Inheritance and not the Tenant for Life or Years unless it be to build withall where Houses are in decay but if they be Dotards without any Timber in them then the Tenant shall have such when they are blown down Lessee for Years or for Life Co. ubi suprá Noye's Max. p. 68. Tenant in Dower or by the Courtesie have onely a special Interest or property in the Trees as a thing annexed to the Land so long as they are annexed thereunto but if they or any other sever the Trees from the Land then their Interest is determined and the Lessor may take the Trees as things that are parcel of his Inheritance the Interest of the Lessee being determined CHAP. VI. Of Distresses Of what things a Distress may be taken and how it must be used c. THE word Distress is a Co. on Lit. f. 96. a. French word and in Latine it is called Districtio sive Angustia because the Cattel distrained are put into a Streight which we call a Pound A Distress must be of a thing 14 H. 8. 25.2 F. 2. Tit. Distress 6 R. 2. Rescous 11. Co. ibid. f. 47. a. Dr. Stud. l. 1. c. 5. whereof a valuable property is in some body and therefore Dogs Bucks Does Conies and the like that are ferae naturae cannot be distrained nor an Horse when a man or woman is riding on him nor an Ax in a man's hand cutting of wood for they are for that time privileged Neither can things which are 22 E. 4.36.7 H. 7. 1. b. 22 E. 4.49 b. for the maintenance and benefit Co. ibid. Noye's Max. p. 43. Comp. Attorney p. 124. Terms of the Law verb. Distress of Trades be distrained for Rent as an Horse in a Smith's Shop nor an Horse in an Inne for the Rent thereof nor the Materials in a Weaver's Shop for making of Cloth nor Cloth or Garments in a Tailor's Shop nor Sacks of Corn or Meal in a Mill for the Rent of the Mill nor any thing that the Lessee hath distrained for dammage feasant for it is in the Custody of the Law A distress may not be taken Co. on Lit. f. 47. a. 51 H. 3. Stat. de Districtione Scaccar Bra. l. 4. f. 217. F. N. B. 90. a. Fleta l. 2. c. 21. 14 H. 8. f. 29. Finch l. 2. c. 6. p. 135. of Oxen of the Plough nor a Mil-stone though it be raised up to be picked so long as it lies upon the other Stone nor Sheep if there be a sufficient Distress besides neither may a man sever Horses joyned together or to a Cart. Nothing shall be distrained Co. ibid. 18 E. 3.4 a. 11 H. 7.14 a. 21 H. 7. 39. b. Terms of the Law verb. Distress of which the Sheriff cannot make a Replevin or that cannot be restored again in as good a plight as it was at the time of the Distress taken Victuals nor Sheafs or Co. ibid. 21 E. 4. 50. b. 2 H. 4.15 Finch l. 2. c. 6. p. 135. Shocks of Corn cannot be distrained but Chariots or Carts with Corn may either for Rent or for Dammage feasant No man may be distrained Co. ibid. by the Utensils or Instruments of his Trade as the Ax of a Carpenter or the Books of a Scholar Neither can Furnaces Caldrons Idem f. 47. b. 20 H. 7. f. 13. 3 E. 3. 21 H. 7.26 Ass 49. 9. Finch ubi suprá Compleat Att. p. 124. or the like fixed to the Free-hold nor Fat 's fixed for a Dier's pan although the Lessee may remove them during the term nor the Windows or Doors of the House whilest they are on the Hinges c. be distrained But
shall joyn in an Action of Waste If the Estate-Tail determine Co. ubi suprá 2 H. 4.22 hanging the Action of Waste and the Plaintiff become Tenant in Tail after possibility of Issue extinct the Action of Waste is gone If the Tenant do Waste and 2 H. 4. Co. ubi suprá Noye's Max. p. 33. he in the Reversion dieth the Heir shall not have an Action of Waste for the Waste done in the life of the Ancestor Nor a Bishop Master of an Co. ubi suprá Hospital Parson c. in the time of the Predecessor If Lessee for Years commit Waste and die no Action of Idem ibidem 10 E. 4.1.49 E. 3. 25. 11 E. 2. Wa. 115. 2 Mar. 117. 8 E. 2. Waste 110. Waste lieth against his Executors or Administrators for Waste done before their time If two Coparceners be of a Idem ibid. Reversion and the one of them dies the Aunt and Niece shall join in an Action of Waste If Lands be given two and C. 1 par Inst f. 53. b. 200. b. 24 E. 3. 27. 50 E. 3.3.8 H. 6. 13. Co. 2 part Inst on Stat. Glou. ch 5. the heirs of one of them he that hath the Fee shall not have an Action of Waste upon the Statute of Glouc. for that they are Joynt-tenants but his Heir shall have an Action of Waste against Tenant for Life If Lessee for Life commit F. N. B. 36. b. 14 H 8. f. 11. Kitchin f. 244. a. b. Waste and after surrender his Estate and the Lessor accepts it now the Lessee is discharged of the Waste If a Stranger make Waste Kitchin ibid. 5 â— 4. f. 3. 3 H. 6. f. 1â— b. upon the Lands which one holdeth for Life or Years the Termor shall be punished for it and is left to take his Remedy over But if the Lessor himself Kitchin ubi suprá 5 H. 4. f. 3. make Waste the Tenant shall not suffer for that Waste If the Tenant make Waste Idem ibid. 48 E. 3. f. 15. 34 H. 6. f. 7. â— before his Attornment he shall not be liable to an Action for it If the Lessor covenant to deliver Timber out of the same 44 E. 3. f. 21. Kitchin ubi suprá Land to repair the House let and will not and for lack thereof the Lessee will not repair it but suffers the House to fall in this case he is punishable for such Waste But if the Timber Idem ibid. be to be taken out of other Lands and is not delivered then the Tenant is excusable if he suffer the House to fall and no Action of Waste lies against him Note After the Waste Co. 1 par Inst f. 53. b. done there is a special regard to be had to the continuance of the Reversion in the same estate that it was at the time of the Waste done for if after the Waste he grant it over though he take back the whole Estate again yet is the Waste dispunishable and so it is if he grant the Reversion to the use of himself and his Wife and of his Heirs yet the Waste is dispunishable and so of the like because the Estate of the Reversion continues not but is altered and consequently the Action of Waste for Waste done before which consisteth in privity is gone A Prohibition of Waste did lie against Tenant by the Courtesie Bract. l. 4. f. 315 316. Brit. f. 168. Dr. Stud. l. 2. ch 1. 12 H. 4.3 10 H. 3. Wast 142. 4 H. 3. Wast 140. Co. ubi suprá Tenant in Dower and Guardian in Chivalry by the Common Law but not against Tenant for Life or Years because they came in by the Lessor's own Act and he might have provided that no Waste should be done Tenant by the Courtesie or Noye's Max. p. 33. Co. ubi suprá F. N. B. 56. e. f. and see Co. 3. l. in Walker's ca. â— l. in Beaumont's ca. Regest 72. in Dower can hold of none but the Heir and his Heir by descent and therefore if they grant over their Estate and the Grantee doth Waste yet the Action must be brought against themselves for the Waste done and not against the Assigns or Grantees But if the Heir either before Co. ubi suprá the Assignment had granted or after the Assignment doth grant the Reversion over in both these cases the Grantee must bring the Action of Waste against the Assignee for now the privity is destroyed In all other Cases the Action of Waste must be brought Co. 1 par Inst f. 54. a. 27 E. 4.81 26 E. 5. Waste 10. against the parties that commit the Waste for it is in nature of a Trespass unless it be in case of a Ward for there if the Guardian doth Waste and assign over the Action lieth against the Assignee A Guardian shall not be punished Co. ubi suprá 12 H. 4.3 3 E. 3. Wast 146. Fleta l. 1. ch 11. for Waste done by a Stranger But Tenant by the Courtesie Idem ibid. F. N. B 59. a. 60. g. â— in Dower for Life Years c. shall be punished for VVaste done by a Stranger and are left to take their Remedy over against the Stranger as aforesaid If VVaste be made by F. N. B. 59. l. Kitchin f. 244. b. strange Enemies or sudden Tempest the Termor is dispunishable for such VVaste See before ch 11. p. 127. If Land be let to a Feme F. N. B. 36. b. 3 E. 3. Tâ—â— 20. Kitchin ubi suprá Co. ubi suprá sole and she take Husband who commits VVaste and dies she shall be punished for this VVaste But if the Lease were made Kitchin ibid. Finch l. 1. ch 3. p. 26. to the Husband and Wife and he commits VVaste and dies in this case she shall not be punished for such VVaste unless she agree to the Estate If there be two Joynt-tenants of a VVard and one of Co. 1 part Inst f. 54. a. 33 E. 3. Wast 6. them commit VVaste both shall answer for it An Infant and Baron and Feme shall be punished for Co. ibid. Vide 15 H. 3. Waste 1â— VVaste done by a Stranger If a Feme Tenant for Life Co. ibid. Vide â—lifâ—on's case 35 El. Co. 5. l. f. 73. 49 â— 3.25.46 â— 3. Waste Statham 10 H. 6.11 12. take Husband and the Husband doth VVaste and the VVife dieth in this case he is not punishable for such VVaste but if a Feme be possessed of a Term of years and take Husband who commits VVaste and the VVife dies here he shall be liable to an Action of VVaste for the VVaste by him committed because the Law giveth the Term to him If Tenant for Life grant over Co. ubi suprá 30 E. 3.10 his Estate upon Condition and the Grantee doth VVaste and the Grantor re-entereth for the Condition broken the Action of VVaste shall be brought against the