privie in right and represent the person of the dead All Grantees of Reversions may enter upon Farmers for 32 H. 8. c. 34. Finch l. 2. c. 1. pa. 107. Herne's Law of Convey p. 31. any Forfeiture or Condition and have like advantages against them by Action onely for any other Covenants Conditions or Agreements contained in the Indentures of their Lease as the Lessors their Heirs or Assigns might and the like for the Lessees against the Grantees of the Reversions Recovery in value onely excepted If a man make a Lease for Lit. l. 3. c. 8. Co. 1 par Inst f. 292 b. 45 E. 3.8 17 H. 6.26 Cowel's Instit p. 193. Noye's Maximes p. 77. Years upon Condition that the Rent shall be paid at Michaelmas and in the mean time give a general Release to the Lessee of all Actions and Demands yet this doth not remit the Rent but the Lessor may sue for it and the Reason of this is because it was neither Debitum nor Solvendum at the time of the Release made and it is a thing not merely in Action because it may be granted over If two take a Lease joyntly for Years with Condition that Vid. 3 F. 6. Dyer 67. Farrington's Case Cowel's â—nstit 199. if the Lessees die before the term ended the Lease shall be void now the Lessees make division and one of them alienateth his part and dies in this case the Lessor cannot reassume the part of him that died but the Alienee shall have it during the life of him that surviveth If a Lease be made for Years Hil. 36 Eliz. Rot. 376. Cole and Taunton's Case Goldsb p. 184. pl. 122. Vid. the Case 31 H. 8.45 upon Condition that if the Lessee demise the premisses or any part thereof other then for a year to any person or persons then the Lessor and his Heirs may re-enter the Lessee after devises it to his Son by his Will this is a breach of the Condition If a man of his mere motion Dr. Stud. lib. 2. cap. 20. fo 93. a. enfeoffe H. by Indenture upon Condition that he shall yearly pay to I. S. out of the Lands a certain Rent and if he fail in payment that it shall then be lawful to the said I. S. to enter c. the Rent is behinde and unpaid in this case I. S. may not enter by Law for there is an ancient Maxime That no man shall take advantage of a Condition unless he be party or privy to it If the Grantee of a Rent-charge release parcel of the Dr Stud. lib. 2. c 16. 21 H. 7. 2. Co. 1 par Inst fo 147. b. 148. a. H. 14 Eliz. in C. B. Godbolt 139. Harding's Case M. 30 Eliz. in B. R. Rent to the Grantour or his Heirs the Remainder may be apportioned and the Land shall remain chargeable still for the residue but if he release in one Acre parcel of the Land charged then all the Rent is extinct and gone If the Lessor grant a Rent to a Stranger the Tenant cannot 49 E. 3.15 Finch lib. 1. c. 3. p. 36. Attorn nor put him in possession by the delivery of an Ox or such like thing because it is another thing but upon a Recovery of a Rent the Sheriff may deliver possession by such a thing If one that hath a Lease for Years grant his term to a Feme 14 Eliz. Pl. 418. â—inch l. 1. c. 3. p. 42. Covert and to another or if a Feme sole and another be Joint-tenants for years and she take a Husband yet the Estate of the Feme and Jointure doth continue so as the Survivor of the Wife or of the other shall have the whole Estate If a man grant an Estate to a Woman dum sola suit or durante 37 H. 6. 27.26 E. 3.69 14 H 8. 13. Bract. l. 4. f. 207. Fleta l. 3. c. 12. Co. 1 par Inst f. 42. a. Herne's Law of Conv. p. 45. viduitate or quamdiu se bene gesserit or to a man and a woman during the Coverture or as long as the Grantee dwells in such an house or so long as he pays 10 pound c. or until the Grantee be promoted to a Benefice or for any like incertain time in all these cases if it be of Lands or Tenements the Lessee hath in judgment of Law an Estate for Life determinable if Livery and Seisin be made And if it be of Rents Advousons or any other thing that Co. 1 par Inst f. 42. a. lies in Grant he hath a like Estate for Life by the delivery of the Deed. If a Lessee for another man's Life die living the other man Brit. f. 83. Fleta l. 3. c. 12. Brac. l. 4. f. 170. Co. 1 par Inst f. 41. b. he that doth first enter upon the Estate after his death shall be Tenant pur auter vie that is Tenant for the other man's Life and shall be liable to the payment of the Rent reserved and in Law is called an Occupant because his Title is by his first Occupation And so if a Tenant for his Co. ibid. 27 Ass p. 31. Pl. Com. fo 28. b. in Col hirst's Case â—â— Bâ—rr 303. own Life grant over his Estate to another if the Grantee die living Tenant for Life in this case he that first enters shall be an Occupant in like manner it is of an Estate created by Law for if Tenant by the Courtesie or Tenant in Dower grant over his or her Estate and the Grantee dieth during their Lives in this case also there shall be an Occupancy But there can be no Occupant Co. ibid. against the King for nullum tempus occurrit Regi It were good saith my Lord Cook to prevent the incertainty 11 H. 4.42 17 E. 3.48 Dyer 8 El. 253. Co. 1 par Institut f. 41. b. of an Estate of the Occupant by adding these words To have and to hold to him and his Heirs during the life of Cestui que vie and this shall prevent the Occupant And if a man hath an Estate Co. 1 par Inst ibid. already for another's Life without the words before named then it is good for him to assign his Estate to divers and their Heirs during the Life of Cestui que vie If a Lessee for 20 years of Lands and Tenements grant Perkins 693. the same Lands for parcel of the years to a Stranger reserving to himself 20 shill in this case he may distrain for the Rent reserved or have an Action of Debt at his pleasure because by common intendment he is to have the same Land after the years determined because he hath granted but parcel of the years so that the Remainder remains in him But if Cestui que use lease his Land in Use for term of Perkins 692. Years reserving Rent by word of mouth in this case he cannot distrain for the Rent reserved because no Reversion doth remain in him
Idem ibid. Brit. f. 168. b. 6. El. in Griffins ' case of the Sea to be in decay so as by the flowing and reflowing of the Sea the Meadow or Marsh is surrounded whereby the same becomes unprofitable but if it be suddenly by 6 El. ubi suprá ◠N. B. 59. n. the rage and violence of the Sea occasioned by some Tempest or the like without any default of the Tenant this is no Waste punishable If the Tenant repair not the Co. ubi suprá 29 H. 8. Dyer 33. 22 H. 6.4.10 H. 7. 5. a. Kitchin f. 241. b Banks or Walls of Rivers or other Waters whereby his Ground is surrounded and becomes rushy and unprofitable this is Waste To suffer Pasture-ground to Kitchin ibid. 20 H. 6. f. 1. be surrounded with water so that it becomes rushy and nothing worth or Arable-Land to be surrounded so that nothing remains but tough Clay this is Waste If the Tenant convert Arable-Land Co 1 part Inst f. 53. b. 29 H. 8. Dyer 37. Hobart Rep. f. 234. Vide Kitchin f. 241. b. 10 H. 7.5 a. 44 E. 3.44 Com. Att. p. 168. into Wood or è converso or Meadow into Arable it is Waste for it doth not onely change the course of his Husbandry but the proof of his Evidence To suffer Arable-Land to lie 2 H. 6. f. 11. F. N. B. 59. n. fresh so that it is full of Thorns is no Waste If a man lease his Lands in Co. 1 par Inst f. 54. b. 17 E. 3.7 9 H. 6.66 F. N. B. 149. c. 59. n. Vide Hil 15 Jac. in the Lord Darcy Askwith's case Hobart's Rep. f. 234. Herne's Law of Conv. p. 54 55. which are Mines of Coals or the like without mentioning the Mines in the Lease the Lessee for such Mines as are open at the time of the Lease made may dig lawfully and take the profits thereof but he may not dig for any new ones it is Waste If there be open Mines and Co. ubi suprá the Owner make a Lease of the Vide Saunders's case 41 El. in Co. B. Co. 5. l. f. 12. Herne's Law of Conv. p. 54 55. Land with the Mines therein this shall extend to the open Mines onely and not to any hidden Mines but if there be no open Mines and the Lease is made of the Land together with all Mines therein in this case the Tenant may dig for them and enjoy the benefit thereof otherwise the words should be void If a Lease be made to one of 17 E. 3. Tit. 101. Kitchin f. 248. a. Lands to occupy the same after the best way he can or to make his best profit of them yet this shall be intended onely to be after such manner as is according to Right and Law for in this case the Lessee may not plow up Meadow or pull down Houses c. for if he do he shall be punished in Waste If the Lessee make the Villanes Co. 1 part Inst f. 53. b. or Tenants at VVill poor where they were rich when he came in whereby they depart from their Farms this is Exile and punishable CHAP. XII Who are punishable in Waste and for what Waste c. WAste in Latine is called Co. 1 part Inst f. 52. b. Vastum à Vastando from wasting and depopulating There are two kinds of Idem f. 53. a. Waste that is to say Voluntary or Actual Waste and Permissive Waste An Action of Waste lieth Noye's Max. p. 33. Co. 1 part Inst f. 53. a. 2 part Inst f. 302. Pl. Com. f. 467. b. 68. a. Philipps Pr. of Law p. 32. Vid. Mag. Charta ch 4. Stat. Glouc. against Tenant by the Courtesie Tenant for Life for Years or half a year Tenant in Dower or Guardian in Chivalry by him that hath the Estate immediate ch 5. Rastal Wast 1.4.5 Wingate's Abr. Stat. p. 551 552. 4 H. 6. f. 11. Kitchin f. 338. a. of Inheritance for Waste or Destruction in Houses Gardens VVoods Trees Lands Meadows c. or in Exile of men to the disherison of him in the Reversion or Remainder and they shall lose the place wasted and treble Dammages It doth not lie against Guardian in Soccage but an Action Co. 1 part Inst f. 54. a. Ferrer's Mag. Charta f. 26. b. of Account or Trespass Waste lieth not against Tenant Noye's Max. p. 33. F. N. B. 59. c. 16 E. 3. Tit. Wast 100.2 E. 2. Wast 1. by Elegit Statute-Merchant or the Staple but an Action of Account after the Debt and Dammages levied Neither doth it lie against Tenant at Will but if such Co. 1 par Inst f. 57. a. 21 H. 6.38 48 E. 3. f. 25. 11 H. 6. f. 38. 12 E. 4. f. 8.22 E. 4.5.21 H. 6. f. 43. Kitchin f. 237. a. b. Walgrave Somerset's ca. Mich. 29 30 El. Goldsb Rep. p. 72. pl. 17. Tenant voluntarily pull down the Houses or cut down Timber-trees c. in this case the Lord may have an Action of Trespass against him Quare vi armis c. but for permissive Waste the Lord hath no Remedie against him Either Waste or Account will lie against Tenant in Mortgage Noye's Max. ubi suprá for he hath Fee Conditional There are 5 several Writs of Waste 2 at the Common Co. 1 part Inst f. 54. a. Law for Waste done by Tenant in Dower or the Guardian and 3 by the Statute-Law for Waste done by Tenant for Life for Years and Tenant by the Courtesie If two or more Joint-tenants Co. 1 part Inst f. 200. b. Reg. 163. f. N. B. 127. 1 part Inst f. 54. b. or Tenants in common be of a House of Habitation and the one of them will not repair the House the other in that case may have a Writ De reparatione facienda If the Lessor covenant to repair 12 H. 8. f. 1. Co. 1 par Inst f. 54. b. Vid. Herne's Law of Conv. p. 54. the House and doth not in this case the Lessee may cut Timber growing upon the ground and repair it though he be not compellable thereunto and shall not be punished in Waste for cutting the Wood. If a man make a Lease of an Co. ubi suprá House and Lands without impeachment of Waste for the House yet may the Lessee notwithstanding repair the House with the Timber growing upon the ground though he may utterly waste the House if he will No person shall have an Action Co. 1 part Inst f. 53. b. F. N. B. 59. f. 8 R. 2. Wast 47.27 H. 8.13 of Waste unless he hath the immediate state of Inheritance but sometime another shall joyn with him for Conformity as if a Reversion be granted to two and the Heirs of the one they two shall joyn in an Action of Waste And in like sort the surviving Idem ibid. Coparcener and the Tenant by the Courtesie
full age by Indenture in writing may make a Lease of such Lands and Inheritances as have been formerly letten to Farm for the space of 20 years next before the Lease made or if it be but letten 11 years at one or several times within those 20 it is sufficient reserving the old Rent or more without impeachment of Waste must not be in it and it must commence from the day of the making or from the making and if there be an old Lease in being it must be either surrendered expired or ended within one year after the making of the new one or else it is not good except in the Case of a Bishop which you will find afterwards And if the Lease be thus made it binds the Issue of Tenant in Tail if he die before the Term be out but if he die without Issue the Donor may avoid the Lease by Entrie and so may he in Remainder and though he accept the Rent yet it shall not affirm the Lease The Husband seised in Fee-simple Co. 1 par Inst f. 44. Cowell's Inst p. 189 Noye's Maximes p. 69. or Fee-Tail in right of his Wife may make such a Lease of his Wife's Land by Indenture in writing in the name of the Husband and Wife and she to seal thereunto and the Rent must be reserved to the Husband and his Wife and to the Heirs of the Wife according to her Estate of Inheritance and this shall binde her and her Heirs after his death Bishops Deans and Chapters Co. 1 par Inst f. 44. a. Cowel's Inst p. 189. Parsons Law p. 29. c. seised of any Estate in Fee in right of their Churches observing the Rules aforesaid may make Leases and so may Masters and Fellows of Colleges and Wardens of Hospitals if their private Statutes will permit them But note well that Tenant Co. ubi suprá 32 H. 8. cap. 28. in Tail and the persons before named though they do observe these Rules yet they cannot let for any longer term then Three Lives or 21 years but for what term they will under If Tenant in Tail or any of the aforesaid persons observe Co. 1 par Inst f. 45. a. not these Rules in their Demises yet notwithstanding the Leases shall be good against them for their Lives And if a Lease be made by a Bishop for 21 years according Co. 1 par Inst f. 45. a. Pasc 28 El. in B. R. The Countess of Sussex's Case Leonard's Rep. 1 par 131. Parsons Law p. 27 28. Vide Hern's Law of Conv. p. 69 70. to the Rules aforesaid which is spent within 3 years or more now if the Bishop make a new Lease to another for 21 years to commence from the making which is confirmed by the Dean and Chapter this is a good Lease and the second Lessee may enter when the first Lease is out and hold for the Remainder of his term of 21 years then to come Demise Grant Betake to Co. 1 par Inst f. 45. b. Bro. Leases 60. 37 H. 8. Farm-let and whatsoever words amount to a Grant may serve to make a Lease Generally now every Lessee Terms de Ley verb. Farm for Life Years or at Will although it be of never so small a Cottage or house is called a Farmor or Fermor and the premisses he possesseth are called a Farm or Ferm But formerly the chief Mesuage ibid. in a Village or Town whereunto belonged great Demesnes of all sorts which were used to be let for term of Life Years or at Will was called a Farm or Ferm They are called Farms or Ferms of the Saxon word Feormion ibid. which signifies to feed or yield Victuals for in ancient time their Reservations were for the most part in Victuals until at the last and that chiefly in the time of K. H. 1. by agreement the Reservation of Victuals was turned into Money and so hitherto hath continued amongst most men Under the name of Lands are comprehended not onely Gardens Meadows Pastures Rivers Woods Moors Waters Marishes Furzes and Heath but also Mesuages Houses Tofts Mills Castles and such like If the Lessor seal the Indenture Noye's Maximes p. 57. Finch l. 2. cap. 2. p. 109. and not the Lessee yet it is as good against the Lessor as if both had sealed And if at any time there happen Noye's Maximes p. 57. Lit. 88. 14 Eliz. Finch l. 2. c. 2. p. 109. any variance between the Indentures it shall be taken as the Deed of the Lessor is and the other shall be intended onely the misprision of the writer for the Lessor's is the principal Deed and the other but onely a Counterpane Now we have spoken briefly something concerning Leases and who may make them we shall next speak something of the several sorts of Tenants mentioned in this Treatise and so conclude this Chapter Tenant for Life is he who Lit. Tenures lib. 1. c. 6. Noye's Maxims p. 30. hath Lands or Tenements for his own or another mans Life and this Tenant hath a Free-hold but none other of lesser Estate hath a Free-hold If a man be Tenant for term Co. 1 par Inst fo 42 a. of his own Life he hath an higher Estate then he that is Tenant for another mans Life Tenant for term of Years Lit. Tenures l. 1â— Co. 1 par Inst â—â— 43. b. 44. a. is where a man letteth Lands of Tenements to another for a certain term of Years as it is agreed between them and when the Lessee entereth he is then Tenant for term of years and if the Lessor reserve to him a Rent he may either distrain on the premisses or have an Action of Debt if the Rent be arrear There needs no Livery and Co. 1 par Inst f. â—8 a. Seisin to be given upon a Lease for Years but the Lessee may enter when he will but a Lessee for Life must have Livery or else no Free-hold passeth If a man make a Lease by paroll Lit. Tenures l. 1. Finch l. 2. cap. 2. p. 109. 38 H. 8. Br. Estoppel 8. to another it behoves that he be seised of the Lands or premisses at the time of the Lease made for else the Lessee may plead that the Lessor had nothing in the premisses at the time of the Lease made and then he is barred of his Action but if it be by Indenture in writing then the Lessee cannot plead this Plea Tenant at Will is where Co. 1 par Inst f. 55. a. Fleta l. 3. c. 15. Lands or Tenements are let by one man to another to have and hold to him at the Will of the Lessor now when the Lessee enters he is Tenant at Will and the Lessor may put him out when he pleases But if a man let Lands to another Coo. ib. by Lease to hold the same during the Will of the Lessee in this case the Law intends it to be at the Will of the Lessor also and he
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
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
If the Lessee enter before Livery and enjoy then the Free-hold Co. 1 part Inst f. 49. b. and the Reversion are still in the Lessor and he cannot then make Livery to the Lessee after Entry for he is then in possession and Livery cannot be made to one in possession The Statute of the 21 of H. 8. cap. 15. gives liberty and Co. 1 part Inst f. 46. a. Rastall's Recoveries 2. f. 371. a. Wingate's Abr. Stat. p. 405. power to falsify all Recoveries that shall be had against the Tenant of the Free-hold through the Knavery of the Lessors intending thereby that the Lessees shall be outed before their Term be out whenas perhaps they pay'd a great Fine at their Income and so it were an hard case if they should lose their Terms upon such Recoveries by Collusion CHAP. IV. Of the Dates Commencements Continuance and Determinations of Leases LEases for Life or Years are Co. 1 part Inst f. 45. b. of Three natures Some be good in Law some voidable by Entry and some void without Entry some in futuro and some in praesenti of all which you have several Examples in this little Treatise If a Lease be made for 3 See Clayton's case 37 Eliz. in C. B. Cook 5 lib. f. 1. 12 Eliz. Dyer 286. 14 Eliz. Dyer 307. Co. 1 part Inst f. 46. b. Noye's Maximes p. 66. But see Osborn and Rider's case H. 13 Jac. in B. R. Cro. 2 part 135. See Barwick's case 39 El. in the Exchequer Co. 5. l. fo 93. Hern's Law of Conv. p. 14 15. years beginning from henceforth and is delivered the 19 day of June 1663 in this case the day must be taken inclusivè and the Lease must end the 18 day of June in the third year after But if a Lease be made to hold from the day of the making or from the day of the Date or from the Date here the Lease shall begin the day after it is delivered and the day of the delivery is exclusive and so note the diversity If the Habendum of a Lease Co. 1 part Inst ibid. Herne's Law of Conv. p. 15 131. be for the term of 21 years without mentioning when it shall begin it shall then begin from the Delivery If an Indenture of Lease Co. ibid. See Goddard's Case 26 Eliz. Co. 2 l. f. 5. See M. 8 Jac. B. R. Osley Sr Bapâ—ist Hicks's Case Cro. 2 part 263 264. there being pretty matter concerning the Date and Delivery of a Deed. Herne's Law of Conveyances ubi suprá pa. 1â—2 bear date the 30 Febr. or 40 of March which is impossible in this case if the term be limited to begin from the Date it shall then begin from the Delivery as if there had been no Date at all If Lands descend to an Heir Noye's Max. p. 67. he may make a Lease thereof before his Entry into the same If a man make a Lease to one ibid. p. 68. 26 H. 8. Bro. Lease 48. for 10 years and the next day after make another for 20 years to another man this second Lease shall be good for 10 years after the first is expired If a Lease be made for 21 Co. 1 part Inst f. 45. b. see 40 El. in the Rector of Cheddington's case Co. 1 lib. f. 154. and Herne's Law of Convey p. 135. years and after another Lease to commence from the end and expiration of the said term of years and after the first Lease is surrendred in this case the second Lease shall commence presently upon the Surrender but if it had been to commence from the end of the said 21 years there though there had been a Surrender yet it should not have commenced till the term had been out and so note a diversity between Terminum Annorum and Tempus AnnoruÌ„ A man cannot make a Lease See the 39 El. in Barwick's case Co. 5. l. f 93. for Life to commence at a day to come for he cannot make a present Livery to a future Estate and therefore in this case nothing doth pass If A seised of Lands in Fee do grant to B that when he Co. 1 part Inst f. 45. b. See many prety cases in the B. of Bâ—â—he Wells's case Co. 6. l. f. 34 35. payes him 20 s. that then from that time he shall have and occupy the Land for 21 years and after B paies the 20 s this is a good Lease for 21 years from that time notwithstanding the Rule of Bracton That every Lease must have a certain beginning and ending Quia â—d certum est quod certum reddi potest And so if a man leases Land 3. M. 1. Br. Leases 67. the end to another till the Lessee hath levied 20 pound this is a good Lease notwithstanding the incertainty If a man make a Lease to another Co 1 part Inst f. 45 b. See Say Fuller's case for so many years as R. A. shall name this at the beginning Pl. Co. Kitchin p. 235. b. Vide Philipps's Pr. of Law p. 36. is incertain but when R. A. hath named the years it is then good for so many years as he names If A leaseth his Lands to B Co. 1 part Inst f. 45. b. for so many years as B hath in the Mannor of Sale and B hath 10 years in it this is a good Lease to B of the Lands of A for the said said 10 years But if a Parson make a Lease Co. ibid. So resolved Hil. 26 El. Rot. 935. in C. B. of his Glebe for so many years as he shall be Parson there this is void for the incertainty for Terminus vitae est incertus licet nihil certius est morte Brac. l. 2. c. 9. nil tamen incertius est horâ mortis If a Parson make a Lease of his Co. ibid. Glebe for 3 years and so from 3 years to 3 years so long as he continues Parson this is a good Lease for 6 years and void for the Remainder but this must be understood if he continue Parson so long If a Lease be made to one See in the 40 El. in the Rector of Cheddington's ca. Co. 1. l. for so many years as his Executors shall name this is void for the incertainty A Lease for a year and so from year to year during the Noye's Max. p. 66. Life of R. A is a Lease but for 2 years and if the Termor stay longer he is afterwards but Tenant at Sufferance If I make a Lease to R. B. to 33 Ass p. â— 2 M. 1. Br. Leases 67. Co. 1 par Inst f. 42. a. hold the Lands till 100 pound be paid and make no Livery of Seisin he hath an Estate but onely at Will and may be put out at pleasure but if Livery be given he hath an Estate for Life upon Condition implied to cease upon the payment of the 100 pound A Lease from year
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
vouched in Pennant's Case Co. 3. l. f. 65. 64 65 Mallery's Case 43 El. Co. 5. l. f. 111. 77 Manning's Case 7 Jac. Co. 8. lib. fo 94. 79 More and Conham's Case M. 7 Jac. in C. B. Owen's Rep. f. 123. 110 N  NIchols Case Plo. Com. fo 487. 21 O  OVerton and Siddal's Case 37 Eliz. in B. R. vouched in Co. 3. l in Walker's Case there f. 41 Oland's Case 44 Eliz. in B. R. Co. 5. l. f. 116. 90 Osborn and Rider's Case Hil. 13 Jac. in B. R. Crook's Rep. 2 part 135. 71 Ognell's Case 29 Eliz. Co. 4. lib. fo 49. 1â—4 P  PEnnant's Case 38 Eliz. Co. 3. lib. 〈…〉 1â— 4â— 52 〈◊〉 â—4 Page and Parr's Case in B. R. Styles Rep. fo 243. pag. 19 Paradine and Joxe's Case M. 23 Car. in B. R. Styles Rep. f. 47 48. ibid. Pepall and Hammington's Case 17 Eliz. in B. R. Popham's Rep. 117 118. 37 Partridge and Naylor's Case Goldsborough's Rep. f. 145. pl. 62. 98 Paget's Case 35 Eliz. in C. B. Co. 5. l. f. 76. 151 R  REctor of Cheddington's Case 40 El. Co. 1. l. 155 156. 2 68 73 Revel and Hart's Case Goldsborough's Rep. f. 138. pl. 44. 52 Remmington and Kingerbie's Case 18 Car. in B. R. Styles Rep. f. 4. 64 S  SPencer's Case Pasc 29 Eliz. in B. R. Co. 5. l. fo 16 17. 13 35 Sr John Spencer and Sr Jo. Poyne's Case Tr. 5 Jac. in B. R. Godbolt's Rep. fo 154. 64 Say and Fuller's Case Plo Com. f. 272. b. 74 Savin's Case 3 Jac. in C. B. Co. 5. lib. f. 123. 77 Sayer and Hardye's Case Goldsborough's Rep. f. 179. pl. 112. 82 Saunder's Case 41 Eliz. in C. B. Co. 5. l. fo 12. 139 T  TReport's Case M. 37 Eliz. in B. R. Co. 6. l. f. 15. pag. 57 Thyn and Cholmley's Case Tr. 36 Eliz. Goldsborough's Rep. fo 186. pl. 129. 64 Tooker's Case 43 Eliz. Co. 2. lib. fo 39. 67 Tintnye and James's Case Tr. 15 Car. in B. R. Winche's Rep. fo 30 31. 122 U  UNgle and Glover's Case 36 Eliz. vouched in Walker's Case Co. 3. lib. fo 42 W  WRoth and the Countess of Sussex's Case P. 28 Eliz. Leonard's Rep. 1 part 131. 6 Wotton and Edwin's Case 5 Jac. in B. R. vouched in Co. 1 part Inst f. 47. a. 37 Watt and Maidwell's Case 3 Car. Rot. 1302. in B. R. Hutton's Rep. 104. 39 Wade's Case 43 Eliz. in C. B. Co. 5. l. f. 111. 48 Lord Willoughbie's Case Dyer's Rep. fo 80. 68 Walker's Case 29 Eliz. in B. R. Co. 3. l. f. 22. pag. 41 147 Walgrave and Somerset's Case M. 29 30 Eliz. Goldsborough's Rep. fo 72. pl. 17. 141 The Contents of the Chapters CHAP. I. Of Leases Who may make them and for what Term and Who are called Tenants for Life Tenants for term of Years at Will Sufferance Page 1 CHAP. II. Of the Covenants Conditions Grants Proviso's Reservations Exceptions Surrenders Assignments c. of Leases 12 CHAP. III. Of Payments Rents Acceptance Confirmations Extinguishments Demands Re-entries Limitations c. of Leases 45 CHAP. IV. Of the Dates Commencements Continuance and Determinations of Leases 71 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. 87 CHAP. VI. Of Distresses Of what things a Distress may be taken and how it must be used c. 94 CHAP. VII Who may take a Distress and for what cause and when and where 102 CHAP. VIII Of Rescous where it shall be lawful 110 CHAP. IX Of Replevins when and where to be sued out 114 CHAP. X. Of Avowries a word or two briefly concerning the same 121 CHAP. XI Of Waste What shall be Waste in Houses Gardens Woods Pastures c. and what not 126 CHAP. XII Who are punishable in Waste and for what Waste c. 140 CHAP. XIII An Abridgment of the Statute of the 43 Elizab. and the 15 of Car. 2. about the unlawful cutting stealing or spoiling of Wood c. necessary for all Gentlemen to know 164 Land-Lords Law CHAP. I. Of Leases Who may make them and for what Term and Who are called Tenants for Life Tenants for term of Years at Will and Sufferance LEASE is derived from Bract. lib. 4. fo 220. Fleta lib. 3. cha 12. Coo. on Lit. f. 43. b. Leapum or Leasum for that the Lessee cometh in by Lawful means and Dimittere is in French Laisser to depart with or forgoe In every Lease there must be Terms of the Law verb. Lesser and Lessee Lessor and Lessee he which lets the Land is called the Lessor and he which farms it is called the Lessee A Lease for Years of Lands and Tenements is good as well without Deed as with Deed but of a Common or Rent c. it is not good without Deed. If a Lease for Years be made 42 Eliz. in C. B. Butts Case Co. 7. par f. 23. reserving Rent it must be of Lands and Tenements whereunto the Lessor may have resort to distrain and therefore 30 Ass p. 5. 12 Ass 20. 20 E. 4. 10. Co. 1 par Instit f. 47. a. a Rent cannot be reserved by a common person out of any Incorporeal Inheritance as Advowsons Commons Offices Corrody Mulcture of a Mill Tithes Fairs Markets Liberties Franchises c. But if the Lease be made by Deed in writing of them one may have an Action of Debt by way of Contract but distrain one cannot but if any Rent be reserved in such Cases upon a Lease for Life it is utterly void 3 Jac. in C. B. Bp of Bath's Case Co. 6 par f. 34 35 40 Eliz. Rector of Chedington's Case Co. 1 par f. 155 156. Bract. l. 2. c. 9. Co. 1 par Inst f. 45. b. Every Lease for years must be for a time certain and ought to express the Term and when it should begin and when it should end And yet there may be a certainty in an uncertainty sometimes for the Rule is Id certum est quod certum reddi potest therefore look in the 4 Chapter and you will finde some pretty Cases there about this Rule If a man have a Lease of 32 lib. Ass 6. Lands for 500 years it is but a Chattel and falls to his Executors or Administrators after his death if he do not otherwise dispose of it in his life-time Every one seised of an absolute Cowell Inst p. 189. pure Estate in Fee-simple may make a Lease of his Lands for as long a time as he pleaseth and so might Bishops c. before they were restrained by Statute See 32 H. 8. c. 28. 13 El. Coo. 1 par of Inst f. 44. a. b. Noye's Maximes p. 69. Bro. Lease 47. 32 H. 8. c. 28. Vide Herne's Law of Conveâ— p. 66 67 68. cap. 10. 18 Eliz. c. 6.1 Jac. c. 3. Tenant in Tail being of
Acres Pasch 9 E. 4. 1. P. 24 E. 4. 34. P. 45 E. 3. 3. M. 44 E. 3.37 Perkins 825. of Land and lease the same to a Stranger for Life or Years reserving 10s Rent to me c. payable at the Feast of Easter and the Lessee doth bind himself to me in a bond of 100 pound to pay the Rent reserved upon the Lease justly according to Law if before any day of payment I do put the Lessee out of part of the Land and he doth occupy the residue for the whole term and will not pay any Rent yet the Bond is not forfeited for by the putting out of the Lessee of parcell of the Land the whole Rent is in suspence but if one in B. R. Page and Par's Case Styles Rep. 243. day of payment be incurred before the ouster then he must pay the Rent or else the Bond is forfeited If a Stranger who hath not 22 H 6. ac Perkins 826. See Paradine Joxe's Case M. 23 Car. in B. R. Styles Rep. f. 47 48. any right doth put out the Lessee for years of the same Land before any day of payment and keep possession thereof until the day of payment be past yet the Lessee ought to pay me the Rent at the day whereon it ought to be pay'd or otherwise he forfeits his Bond. If three Copartners be seised P. 9 F. 4.1 M. 12 H. 8. 3. Perkins 8â—8 of a Mannor and one of them in her own name and without the agreement of the other two doth lease the whole Mannor unto I. S. for 4 years yielding 5 pound yearly at the Feast of Easter unto the Lessor and her Heirs and I. S. doth bind himself in 40 pound unto his Lessor to pay the Rent reserved c. and before any day of payment the other two Copartners which did not consent to the Lease do put the Lessee out of the whole Mannor and keep the possession until the day of payment of the Rent be incurred yet it behoveth the Lessee to pay the Third part of the Rent reserved to his Lessor otherwise he forfeits his Bond for the two Copartners who put him out have no Right but to two parts of the Mannor If a Lease be made to three 28 Eliz. Lord Stafford's Case 28 Eliz. in â— B. Leeds and Crompton's Case Hughes's gr Abr. 1 par p. 428.4 5 P. M. Dyer 152. Vid. Co. 4 par Dumpor's Case 45 Eliz. in B. R. upon Condition that they nor any of them should aliene without licence if the Lessor give leave to one of them to aliene now the other two may aliene without licence for the Condition being determined to one is determined to all If the Lessor do enter for Noye's Maximes pa. 72. Condition broken or the Lessee do surrender or the Term end yet the Lessor may have an Action of Debt for the Arrearages If a Lease be made upon Dr. Stud. lib. 2. c. 35. M. 31 H 8. Dyer f. 45. Co. l. 8. f. 90. b. 7 E. 4. 13. Philips's Pr. of Law p. 14. Condition that the Lessee shall not aliene to A if the Lessee aliene to B and he aliene to A the Condition is not broken for a Condition that goes to the breaking of an Estate shall be taken strictly If a man seised of Lands in Lâ—t lib. 3. cap. 5. Co. 1 par Inst f. 216. a. b. 217. a. b. Vide Lord Stafford's Case Co. 8 part f. 73. Vide Herne's Law of Conveiance p. 48. see Nichols Case Pl. Com. f. 487. Kitchin f. 219. a. Fee lease the same to a Stranger by Indenture for five years upon Condition that if the Lessee pay to the Lessor five pound within the two first years that then he shall have Fee in the same Land in this case if he pay the mony he hath a good Estate in Fee if Livery and Seisin were made according to the Deed. But if a man seised of Land in Fee lease the same to a Stranger Perkins 708. Vid. 9 H. 6.29 for years upon condition that if the Lessee be ousted within the term by his Lessor that then he shall have Fee here if the Lessee be ousted by a Stranger without the Lessor's assent he shall not have Fee If a man seised of Lands in Fee leaseth the same to a Stranger Perkins 710. by Indenture yielding 5 pound by the year and the Indenture is that if the Lessee will hold over 10 years to him and his heirs that he shall then pay 20 pound by the year and Livery and Seisin is made to the Lessee accordingly in this case for the Rent behind within the 10 years the Lessor shall have an Action of Debt which proveth the Free-hold and the Fee are not in the Lessee before the 10 years ended but if when the ten years be past and ended the Lessee doth continue the possession of the same Land and doth occupie the Land by force of the Indenture then he hath Fee and shall pay the 20 pound as a Rent sect But if a M. 40 E. 3.27 Perkins 711. Coo. 1 par Inst f. 218. b. man seised of Land doth lease the same Land for Life yielding unto him a Rose for the first six years and if he will hold the Land over the six years that he shall pay 3 Marks by the year in this case the Lessee hath the Free-hold presently If a Lease for Life or Years be 4 H. 7.4.8 E. 4. 13. P. 2 E. 4. 3. â— Perkins 725 723 Vide Herne's Law of Conv. p. 115. made upon Condition that if the Lessee kill I. S. within the term that then he shall have and hold the Land leased unto himself and his Heirs for ever now if he kill I. S. within the term yet his Estate is not inlarged thereby because the Condition is against Law the Estate doth begin to be inlarged upon the performance of the Condition yet the Lease is good because the same doth not begin by the Condition If a Lease be made for Years Perkins 729 730. upon Condition that if the Lessor do aliene the Reversion within the term then the Lessee shall have Fee and the Lessor doth aliene the Reversion in Fee by Fine to a Stranger now in this case the Lessee shall not have Fee for the Free-hold and the Fee are lawfully in the Conusee before the Lessee can take it by Condition but if the Lessor had granted by Deed onely to a Stranger then the Lessee should have had Fee by the Condition and the reason is because the Reversion is not in the Grantee before Attornment If a man have a Lease for Perkins 833. Terms of the Law verb. Priâ—iâ— Vide 21 H. 7.18 a. Co. 1 part of Instit f. 214. b. Years and demise or grant the same upon Condition c. and die his Executors or Administrators shall enter for the Condition broken for they are
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
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
the Lord freshly follow and take them although it be out of his Fee and Seigniorie he may by the Equity of the Statute avow the taking as in Lands holden of him within his Fee and Seigniory If there be Lord and Tenant Co. 1 part Inst f. 269. b. see Co. 3 l. f. 65 66. in Pennant's case and the Rent is behind for divers years and the Tenant makes a Feoffment in Fee if the Lord accept the Service or Rent of the Feoffee due in his time he shall lose the Arrearages due in the time of the Feoffor for after such acceptance he shall not avow upon the Feoffor nor upon the Feoffee for the Arrearages in the time of the Feoffor But if the Feoffor dieth albeit the Lord accept the Rent or Service by the hands of the Feoffee due in his time yet he shall not lose the Arrearages for now the Law compelleth him to avow upon the Feoffee and that which the Law compelleth him unto shall not prejudice him There are four manner of Vide Aiscough's case 9 Jac. Co. 9. l. f. 135 136.20 H. 6.9 26 H. 6. Avowr 17. 9 Eliz. Dyer 257.20 â— 3. Avowry 131.5 H. 7.11 Avowries 1. Upon his very Tenant 2. Upon his very Tenant by the manner where the Tenant had but a particular Estate 3. Upon his Tenant by the manner where the Lord had but a particular Estate And these 3 are by the Common Law 4. Upon the matter in the Land as within his Fee and this is by the Statute and the safest way CHAP. XI Of Waste What shall be Waste in Houses Gardens Woods Pastures c. and what not IF Lessee for Life Years in 34 F. â— Waste 143. Vide 10 H. 7. f. 2. b. 12 H. 4. f. 4. Co. 1 part Inst f. 53. a. Vide Hern's Law of Conv. p. 51. Dower c. pull or prostrate down the Houses or suffer them to be uncovered whereby the Sparrs or Rafters Planchers or other Timber of the Houses are rotten this is Waste If the House be uncovered when the Tenant cometh in it Co. ubi suprá Herne's Law of Conv. ubi suprá is no Waste in the Tenant if he suffer the same to fall down But although the House be 40 Ass pl. 22. 23 H. 6.24 29 E. 3. 33. Co. ubi suprá Compl. Aâ— p. 166. Herne ubi suprá uncovered and ruinous at the time of the Tenant's coming in ye if he pull it down it is Waste unless he do build it again If Glass-windows though Vide Co. 4. l. f. 63. in Harlackenden's case Swinburn's Wills 3 par sect 6. f. 165. Herne ubi suprá glased by the Tenant himself be broken down or carried away it is Waste for the Glass is part of the House And so it is of Wainscoat Co. 1 part Inst f. 35. a. Vide Keilway f 88. Harlackenden's case ubi suprá 22 H. 6. 18.22 E. 4.18 Swinburn ubi suprâ— Compl. Att. ubi suprá whether it be fixed to the Walls or Posts of the House with great Nailes or little Nailes Screws or Pins it is all one if it be fixed to the Free-hold once it is Waste to take it away again The same Law of Benches Co. 1 part Inst f. 53. a. 10 El Dyer 2â—2 42 E. 3. f. 6. Noye's Maximes p. 3â— Doors Windows Furnaces and the like annexed or fixed to the House either by him in the Reversion or the Tenant The Rasing of a new Frame of a House which was never 40 Ass pl. 22. Pr. Waste â—17 Kitchin f. 242. b. covered is no Waste The House uncovered by 12 H 4. f. 4. Kitchin f. 241. b Co. ubi suprá 19 E. â— Wâ—st â—0 Herne's Law of Convey p. 52. sudden Tempest or otherwise it is no Waste in the Tenant if he let it lie so till the main Timber be rotten and then he shall be punished in Waste for not repairing it in time If the House fall by sudden Tempest or be burnt by Lightning Co ubi suprá Vide in Co. 4. l. f. 63. Harlackenden's case Dr. St. l. 2. c. 4. or prostrated by Enemies or the like without any Default of the Tenant or was Ruinous at his coming in and fall down this is no Waste And the Tenant may build the same again with such materials Co ubi suprá 43 E. 3.6.11 H. 4.32 â—1 H. 6.18 Herne's Law of Conv. p. 52. as remain and with other Timber growing upon the ground which he may take for his habitation but he must not make the House larger then it was for if he do he is punishable in Waste Though there be no Timber Co. ubi suprá 44 E. 3.21.38 Ass pl. 1. Com. Att. p. 166. Herne's Law of Conv p. 51. growing upon the ground yet the Tenant at his peril must keep the Houses from wasting If the Tenant build a new Co. ubi suprá Kitchin f. 242. a. 42 E. 3.21 12 H. 4. f. 6.17 E. 2. Wast 118. House where none was before it is Waste and if he suffer it to be wasted it is a new Waste If the Tenant either doe or Co. 1 part Inst f. 53. a. 40 E. 3. f. 6. 38 Ass pl. 1. Vide Kitchin f. 242. a. Herne's Law of Conv. p. 51 52. suffer Waste to be done in the Houses yet if he repair them before any Action brought he is clear but he cannot plead quòd non fecit vastum but the special matter The pulling down of a Stone-wall Kitchin ubi suprá 10 H. 7. f. 2. b. Com. Att. p. 166. or Mud-wall of an House is Waste A Wall uncovered when the Co. ubi suprá Tenant comes in is no Waste if he suffer it to decay If the Tenant of a Dove-house Brit. f. 134.5 R. 2. Wast 97. Pl. Com. 322. Hobart's Rep. f. 234. Co. ubi suprá Hern's Law of Conv. p. 52. Park Warren Vinary Estangues c. do take so many as such sufficient store be not left as he found when he entered this is Waste and to suffer the Pale to decay whereby the Deer are dispersed is Waste If the Tenant suffer the F. N. B. 59. k. Kitchin f. 2 â—â— â— Co. 1 part Inst f. 53. b. Houses to be wasted and then fell Timber to repair them this is a double Waste If a Termor fix a Furnace and not to the Walls nor Posts 21 H. 7 f. 26. per Kingsmil of the House if he take it away within his term it is no Waste for the House is not impaired If Tenant in Fee fix a Furnace Kitchin ubi suprá or Fatt in the middle of the House the Heir shall have it and not the Executors If an House fall by a great 34 E. 3. f. 3. b. 11 H. 4. f. 21. Wind or Tempest the Lessor shall have the Timber for it is no Waste and the Lessee is not bound to re-edifie it
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