he shall have half while he remains sole but if he marry again he looseth all And in Kent they say the reason thereof is because they do not love that their Lands should help to maintain any Children but such as are of their own getting but how sure they are hereof Ignoramus Tenant for Life He that holdeth Lands or Tenements for the term of his own Life or for term of the Life of any other person In this case the Lessee either for term of his own Life or for anothers is Tenant for term of Life And this Tenant for Life hath in him the Freehold this being the lowest degree of Freehold In a grant for term of Life it is Lessor and Lessee said to be from Lessor to Lessee Note there is Feoffer and Feaffee Donor and Donee Lessor and Lessee so there is likewise Grantor and Grantee Obligor and Obligee Mortgagor and Mortgagee Feoffer and 〈◊〉 He that enfeoffeth another in Lands or Tenements is called the Feoffer he to whom the feoffment is made is the Feoffee So when a man giveth Lands or Donor Donec Tenements to another in tail he is called the Donor and he to whom the gift is made is the Donee And likewise he that letteth to another Grantor and Grantee any Lands or Tenements to hold for term of Life for Years or at Will is called the Lessor and he to whom the Lease is made is called Lessee which Lessee for Life as I said before is tenant of Freehold So also he that pawneth Lands to another Mortgagor and Mortgagee is called Mortgagor and he to whom it is pawned is called the Mortgagee Tenant for Years Tenant for term of Years is when Tenant for years a man demiseth and letteth any lands or tenements to another to hold for a certain number of years agreed upon between the Lessor and the Lessee by force and vertue of which Lease the Lessee entreth into the said tenements This Lease for term of years may be granted by word of mouth and this is called a Lease parol which shall bind the Lessor so long as the term is accorded for if the Witnesses live to prove the Lease Parol But the more safe and usual way is to take a Lease by Deed indented which needs no other Execution but only sealing and delivered For by vertue of that Lease the tenant may enter whensoever he will But a Lease for term of Life must Livery Seizin in Lease for Life be executed by Livery and Seisin because the freehold passeth with that Lease which it cannot do without Livery and Seizin This was the Case of Allen and Waller at the Lent-Assizes at Maidstone 1654. Waller brought an Ejectione firme against Allen the Defendant proved a Lease Parol at a certain rent during his Life which last word of the Defendants witness gave the verdict against him because none can be tenant for Life without Livery and Seizin Also if a man make a Lease to one for Years the remainder to another for Life or in tail or in Fee here the Lessor ought to make Livery and Seizin to the Lessee for Years or else nothing shall pass to him in remainder though the Lessee enter and enjoy his term of Years but the Free-hold and the Reversion remaines in the Lessor But if the Lessor makes Livery and Seizin to the Lessee then the Freehold passes over to them in the Reversion according to the grant Likewise if a man make a Lease of Lease for Years takes right after the delivery Lands or tenements to another for term of Years and the Lessor dye before the Lessee enter into the tenements nevertheless he may enter notwithstanding the death of the Lessor because the Lessee hath right to the tenements by vertue of his Lease immediately after the sealing and delivery of it Tenant at Will When a man demises Lands to another Tenant at Will to hold to the Lessee at the will of the Lessor and by vertue of this Lease the Lessee is in possession here the Lessee is tenant at Will and hath no certain Estate in the tenements he holdeth but the Lessor may eject him when he pleases But if the Lessee sow the Land and the Lessor eject him out afterwards He that sows shall Reap if Tenant at Will before the Corn be ripe the Lesseâ— shall nevertheless have his Crop and shall have free Egress and Regress to cut and carry it away because he knew not when the Lessor would enter upon him But if a tenant for years sow his Land so near the end of his term that his Lease expire before the Corn be ripe he shall not come to reap it but the Lessor or other who hath the Reversion shall have the Crop because the Lessee knew certainly the end and determination of his term and Lease In like manner if a house be let to Not so in Tenants for years a man to hold at Will and the Lessee enters the House and bringeth in thither his Goods and Houshold-stuff and afterwards the Lessor ejects him out here he shall have liberty of egress and regress to fetch away his Houshould-stuff Also if one seized in Fee-Simple Fee-tail or for term of Life in an House and hath Goods in that House and makes his Will appointing his Executors and dies now to whosoever the house descends the Executors shall have liberty in some reasonable time to enter and carry away the goods And if a man by Deed of Feoffment grants certain Lands to another and delivers him the Deed but executes it not by Livery and Seizin the Feoffee in this case may enter that Land and hold it at the will of the Feoffer but the Feoffer may eject him out again when he will If a man dwell in a House as tenant Tenant at Wâ—ll not bound to repaiâ—s at will he is not bound to repair the said house as a tenant for term of years is bound to do But if a tenant at will shall commit voluntary wast as to pull down Houses and Cut Grub Fell or destroy Trees the Lessor may bring his Action of trespass against him for so doing and the Lessor upon a Lease at Will if he hath reserved a yearly rent may either distreyne or bring an Action of debt for the same if it be in Arreare which he pleases Tenant by Coppy of Court-Roll Tenant by Coppy of Court-Roll This is a very ancient tenure and depends only upon custome and there are so many and various kinds of customes in Coppy-holds in several Mannors and Countries that it would take up a large Volumn to discourse of them all which is not now our present Intention but we shall refer that Subject to a further opportunity and here shortly in general terms set forth the nature of a tenant by Coppy of Court-Roll In a Mannor wherein there is a Custome and hath been so used time out of mind
tenant by the Courtesie â—he Coheir or parcener that surviâ—eth and the tenant by the Courteâ—e may make partition between â—â—em And if the tenant by the â—ourtesie will not consent there unâ—â— the Surviving parcener may comâ—el him by a writ de Participatione â—â—cienda But if the tenant by the Courtesie â—â—sires to have partition and the â—â—rceners surviving will not agree to 〈◊〉 the tenant by the Courtesie can â—ave no remedy for he cannot â—ave a writ de Participatione facienda against the surviving parcener although the parcener may have it against him Parceners by Custom This Tenure is Gavel-kind and iâ— Partners by Custom used only in Kent except in some certain places in England besides and in North Wales But the meâ— of Kent only claim this as a right remaining unto them unconquered and it is thus If a man be seized in Fee-Simple or Fee-Tail in Lands oâ— tenements of the Custom and Tenurâ— of Gavel-kind and hath issue diverâ— Sons and dyeth All the Sons shall be Coheirs and equally inherit those Lands and tenements as Females do and may make partition by writ dâ— Participatione facienda and divide as in the case of Daughters at the common Law Joynt-Tenants When a man being seized of certain Joynt-Tenants Lands and Tenements doth thereof enffeoff three or four oâ— more to have and to hold to them and their Heirs or to hold to themselves for the term of their lives or for anothers life and they become seized by vertue of that Feoffment these are said to be Joynt-Tenants Likewise if two or more disseize Disseizorâ— another of any Lands or Tenements to their own use the disseizors be Joynts-tenants but if it be but to the use of one of them they be not Joynt-tenants Now the nature of Joynt tenants is that the whole estate shall go to the Survivour As if there be Joynt-tenants in Fee-Simple and the one of them hath issue and dyeth the two that survive shall have the whole Tenements and nothing thereof shall go to the issue of him that is dead And if the second tenant have issue and dye the third who is the Survivour shall enjoy Survivour the whole and shall have it in Fee-Simple to him and his Heirs But now there is a difference in tenants in Parcenery for if there be three Copartners and one hath issue and dyeth before there be any partition made that part which belonged to her that is deceased shall descend to her issue And if such a Parcener dye without issue her part shall descend to her Coheirs so that this they have by discent and not by Survivourship as Joynt-Tenants have And as the Survivourship taketh Survivourship place amongst Joynt-tenants so it doth amongst all persons who have Joynt Estate or possession with others in Chattels Real or Personal As if a Lease be made to several persons for term of years the Survivour of the Lessees shall enjoy all the Tenements during the term by vertue of the Lease And in like manner Goods and Chattels personal whereof there be partners shall go to the Survivour And if a Bond be made to many persons for one Debt and some of the Obligees dye the Survivour shall have all the Debt And so it is in all Covenants and Contracts amongst Partners There may also be Joynt-tenants for term of life and yet they have several Inheritances If Lands be given to two men to Several Inheritances hold to them for term of their lives and to the Heirs of their two bodies here these Donees are Joynt-tenants for term of their lives and have several Inheritances For if one of them have issue and dye the Survivour shall enjoy the whole during his life by Survivourship And if the Survivour have also issue and dye then the issue of them both shall enjoy the estate equally between them as tenants in common and not Joynt-tenants Now the reason why these are said to have several Inheritances is because it is impossible for them to have an Heir between them as a Man and a Woman may have Therefore the Law maketh this distinction according to reason and the form of the gift that is to the Heirs that one getteth on the body of his Wife and so likewise of the other so that by this reason it must of necessity be that they have several inheritances And if after the death of the Donees the issue of one of the Donees dye also leaving no issue of his body Surviving in this case the Donor or his Heirs may enter into the moyety of the Lands as in his reversion though the other of the Donees hath issue living In like manner if Lands be given to two Females and to the Heirs of one of them in this case the one of them that is she that hath it but for life hath a freehold and the other hath a Fee-Simple and if she that hath the Fee dye the other who hath the Free-hold shall enjoy the whole during her life by vertue of her Survivourship And if Tenements be given to two and to the Heirs to be ingendred of the body of one of them here the one hath Free-hold and the other Fee-Tail If there be two Joynt-tenants and they are seized of an Estate in Fee-Simple and the one by Deed grants a Rent-charge to another out of that part which appertaines to him now during the life of the grantor this Rent-charge is good and effectual but it becomes void after the death of the Grantor For the Tenant that Surviveth shall hold all the Land by Survivourship discharged from the Rent-charge of the other But amongst Coheirs or Parceners Difference between Coheirs and Copartners it is otherwise for if there be two Parceners in Tenements in Fee-Simple and before partition one chargeth his part by his deed with a Rent-charge and dyeth leaving no issue whereby his moyety descends to the other Partners here that part shall not be freed of the Rent-charge because he cometh to this moyety by discent as Heir at Law If Joynt-tenants be desirous to make partition between them they may do it by consent and agreement amongst themselves and such partition is good and binding against each other but unless it be done by mutual consent amongst themselves the Law cannot enforce or compel them or either of them to do it because Joynt-Tenants cannot have a writ de Participatione facienda as tenants in Copartnership may have If there be a joynt Estate of Lands and Tenements made to a man and his wife and to a third Person her the third Person shall have as much as the man and his wise that is one moâ—ety for the man and wife can have but half the estate because they arâ— but one person in Law In like manner it is if Land were made to a man and his wife and to two others here the man and wife can have but a third part and the two others the other two
the Lessee before the ten years expired but after the expiration of the ten years if the Lessee doth continue the possession of the same Land and doth occupy the same by vertue of the Indenture then he hath Fee and shall pay the twenty pound as a Rent â—eck But if a man seized in Lands doth Co. 1. par Inst f. 218. b. â—et the same Land by Lease for term of life yeelding to him a Rose for the first six years and if he will â—old the Land over the six years then â—hen to pay three marks per annmm Here the free-hold is immediately in â—e Lessee A man makes a Lease for years Perkins 729 730. â—ith this condition that if the Lessor â—o aliene the Reversion within the 〈◊〉 granted by the Lease then the â—essee shall have the Fee and the â—essor doth aliene the Reversion in 〈◊〉 by fine to a stranger In this 〈◊〉 the Lessee shall not have the Fee 〈◊〉 the Free-hold and the Fee are â—â—wfully in the Conuzee before the â—â—ssee can take it by condition but the Lessor had granted the Lands a stranger by Deed only then the â—â—ssee should have had Fee by the â—â—ndition If a man have a Lease for years and Perkins 833. demise or grant the same upon condition and dye his Executors or Administrators shall enter for the condition broken for they are privy in right and represent the person of the dead If a man make a Lease for years Lit. lib 3. C. 8. upon a condition that the Rent shall be paid at Christmas and before that time come the Lessor give a general Release to the Lessee of all Actions and Demands this Release doth not acquit the Lessee of the Rent but the Lessor may sue for it because it was neither due nor to be paid at the time of the Releasâ— made and it is a thing not meerly iâ— Action because it may be granteâ— over If a Landlord lets a Lease foâ— Dyer f. 67. years to two Tenants to hold Joynâ—ly with a condition that if the Leâ—sees dye before the end of the terâ— the Lease shall be void Now the Lessees makes division and one them aliens his part and dyes this case the Lessor cannot enter uâ— on the part of him that dyed bâ— the Alienee shall enjoy his half 〈◊〉 during the life of the Surviving Lessee A Lease made for years upon condition that if the Lessee demise the premises or any part thereof other than for a year to any person or persons then the Lessor and his Heirs to re-enter the Lessee afterwards devises this Lease to his Son by his Will this is a breach of the condition If a man of his meer motion give Dr. St. lib. 3. cap. 20. fol. 93. Lands to H. H. and to his Heirs by indenture upon condition that he shall yearly at a certain day pay unto John at Style out of the same Land â— certain Rent and if he do not pay â—he Rent that then it shall be lawful â—o John at Style to enter and if the Rent in this case be not paid to John at Style the said I. S. may not enâ—er into the Lands by the Law though the words of the Indenture 〈◊〉 that he shall enter for there is an â—ncient Maxim in the Law that no man shall take advantage in a condition but he that is party or privy to the condition and this man is not â—arty nor privy and therefore he â—hall take no advantage of it In many cases the intent of the Dr. S. 20. C. f. 93. party is void to all intents if it be not grounded according to the Law As if a man make a Lease to another for term of life and after oâ— his meer motion he confirmeth hiâ— Estate for term of life to remain after his death to another and to hiâ— Heirs In this case that remainder is void in Law for by the Laâ— there can no Remainder depenâ— upon any Estate but that thâ— same Estate beginneth at the samâ— time that the remainder doth anâ— in this case the Estate began beforâ— and the confirmation enlarged nâ—â— his Estate nor gave him any new Estate But if a Lease be made to man for the term of another maâ— life and after the Lessor only of 〈◊〉 meer motion confirmeth the 〈◊〉 to the Lessee for term of his 〈◊〉 life the Remainder over in Feâ— this is a good Remainder over Fee No grant can be made but Dr. St. lib. 2 C. â—â— p. 94. him that is party to the Deed exceâ—â— it be by way of remainder Aâ—â— therefore if a man make a Lease for 〈◊〉 of life and afterwards the â—â—ssor grant to a stranger that the â—enant for term of life shall have â—e Land to him and Heirs that 〈◊〉 is void if it be made only 〈◊〉 his meer motion without recomâ—â—nce Likewise if a man make a Lease for Ibid. 〈◊〉 of life and after grant the Reâ—â—rsion to one for term of life the â—emainder over in Fee and the Teâ—â—nt Attorneth to him that hath the state for term of life only intendâ—â—g that he only should have advanâ—â—ge of the grant his intent is 〈◊〉 and both shall take advantage â—â—ereof and the Attornment shall 〈◊〉 taken good according to the 〈◊〉 If a Tenant for the term of anoâ—â—er Co. â— par Inst fol. 41. mans life dye living the other 〈◊〉 he that doth first enter upon the state after his death shall be Teâ—â—nt for the other mans life and shall 〈◊〉 liable to the payment of the Rent â—â—served If a Tenant hath a Lease for twenty Perkins 693. 〈◊〉 of Lands and Tenements and 〈◊〉 the same Lands for part of his term to a stranger reserving 〈◊〉 himself forty shillings Rent In thâ— case he may distreyn for the Rent râ—served or have an Action of Deâ—â— at his pleasure because by commoâ— Intendment he is to have the saâ—â— Land after the years determined because he hath granted but parcel 〈◊〉 the years so that the Remainder râ—mains in him If Rent be granted to a man 〈◊〉 Idem 108. may grant it away to another befoâ—â— he be seized thereof If a man and his wife be ejected Co. 1. par Iust fol. 46 a term in the right of his wise aâ—â— the husband bring an Ejectione 〈◊〉 in his own name and do recover 〈◊〉 dye In this case his Executors 〈◊〉 have it and not the wife because 〈◊〉 Recovery in his own name did 〈◊〉 the term in himself If a man be possest of a term Cook ibid. forty years in right of his wife 〈◊〉 make a Lease for twenty years reseâ—ving Rent and dye here the Exâ—cutors of the husband shall have 〈◊〉 Rent for that term but the wiâ—â— shall have the remainder of the terâ— when the twenty years is out but he had granted the whole ter◠〈◊〉 could have had nothing â— release made to a tenant for term Id. 1.
par Inst fol. 270. years before his entry is void but release of the Rent before entry is â—od The Tenant may grant away his â—â—terest to another before entry 〈◊〉 although the Lessor do dye beâ—â—re entry yet the Tenant may 〈◊〉 into the Lands and if the Lessee 〈◊〉 before he enter his Executors 〈◊〉 Administrators may enter and if Lease be made to two and one of â—â—em dye before entry the other may 〈◊〉 by survivorship and a Lessor â—â—nnot grant away a Reversion by 〈◊〉 name of a Reversion before 〈◊〉 entry of the Tenant If a man grant to a Tenant for Co. 1. par Inst s 41. 〈◊〉 that he shall have so many Estoâ—â—rs as shall serve to repair his house 〈◊〉 that he shall burn within his â—â—use or such like during the term â—â—is is appurtenant to the Land and â—â—all run with the same as a thing apâ—urtenant in whose hands soever the â—â—me cometh If two Tenants in common do Idem 1. Paâ— Inst f 197. â—◠〈◊〉 a Rent of ten shillings this is â—â—veral and they shall be charged with twenty shillings Rent but they make a Lease and reserve tâ— shillings rent they shall have no 〈◊〉 but only ten shillings between them If two Copartners make a 〈◊〉 reserving Rent they shall have thâ— Rent in common as they have the 〈◊〉 version but if afterwards they graâ—â— the reversion excepting the 〈◊〉 then they shall be Joynt tenants 〈◊〉 the Rent If a man Leases lands for years reserving Rent and a stranger doth recover Dyer 56. 82. part of the land then the 〈◊〉 shall be apportioned viz. divided anâ— the Tenant shall pay having respeâ—â— to that which is recovered and 〈◊〉 that which still doth remain in hâ—â— hands according to the value to 〈◊〉 party proportionably If a man make a Lease excepting Close and Wood the Law giveth hiâ— a way to come to it If a Tenant for years do take 〈◊〉 new Lease for more years this is 〈◊〉 Perkins 117. Surrender in Law of the old Lease Watt. and Maidwels case Hil. 3 Huâ—ton Rep. 104. Car. R. 1302. B. R. A Lessee for years cannot surrender Noyâ— Max. 74. before his term begin neither â—â—n he surrender part of his Lease 〈◊〉 he may grant part of it â—f a Tenant for life or years remove Idem p 72. 〈◊〉 goods out of the house and land 〈◊〉 reason of the greatness of the 〈◊〉 or for any other cause and the â—â—ssor do enter into the House and 〈◊〉 this is no surrender of the â—â—ssee If a Tenant for years assigne over 〈◊〉 term and dye his Executors shall â—t be charged for Rent due after his 〈◊〉 And if the Executors or Adminiâ—â—â—ators of a Lessee for years do 〈◊〉 over their right in the Lease 〈◊〉 lieth no Action of Debt against â—â—em for Rent after such an Assignâ—â—nt by them made If a Tenant for years assigne his Hern. â— law of Conv. p. 110. â—ase to another the Landlord may â—arge which of them he will but if once accept of the Rent from the signee knowing of the assignment 〈◊〉 cannot afterwards bring an Actiâ—â— of Debt against the Lessee for 〈◊〉 due after the Assignment If a Lessor grant away the reverâ—n Popham 55. after the Assignment of the â—â—see In this case the Grantee cannot have an Action of Debt again the Lessee for the Rent because theâ—â— is no privity between them If a Lease for years be madeâ— Perkins 536. a man without any consideratioâ— the Lessee shall be seized to his 〈◊〉 use If a man make a Lease of 〈◊〉 Dr. St. â— â—C 24. to another and to his Heirs for 〈◊〉 term of twenty years intending 〈◊〉 if the Lessee dye within the 〈◊〉 that then his Heirs should enjoy 〈◊〉 Lands during the Term In 〈◊〉 case his intent is void and if 〈◊〉 Lessee dye his Executors and 〈◊〉 his Heirs shall enjoy the term foâ— the Law of the Land all Chattels 〈◊〉 go to the Executor and not to 〈◊〉 Heir If a man lets a house with the Hern. L. oâ— Conv. p. 104. purtenances no Land passes thereâ—â— but if it be with all Lands thereâ—â—â—â— belonging here the Lands used 〈◊〉 the house do pass If a man take a Lease of his 〈◊〉 Terms delcy Estopple Co. â— par Inst sol 47. Land by Indenture he is then 〈◊〉 concluded to say that the Lessor nothing in the Land at the time of making of the said Lease but a the Lease is out the Estoppel is reâ—â—â—ved If two persons be Joynt-tenants of Beverlies case 24. Caâ— Claytons Rep. p. 111. Lease for years and one bid the oâ—her go out of the house and he goâ—th out he that goeth so out may â—ave an Ejectione firme against the oâ—â—er as well as if he had Ejected him 〈◊〉 by force CHAP. III. 〈◊〉 Payment of Rent Acceptance and Extinguishment thereof Demands Entryes Dates Continuance Limitations and Determinations of Leases â—T ought to be a principal care of a Tenant above all things to provide his Rent at the time of payment whereby he may avoid â—â—ch Slavery and Knavery of cruel â—â—â—ng Landlords â—f a Tenant be to pay his Rent to Landlord at our Lady-day and â—â—chaelmas or within fourteen fifteen dayes after either of the said Feasts in this case he is 〈◊〉 bound to pay his Rent untill the 〈◊〉 day limitted for payment for 〈◊〉 is the legal day of payment and 〈◊〉 other before voluntary And if there be a clause that if 〈◊〉 Rent be behind by the space of fiftâ— dayes more or less after any of 〈◊〉 said dayes of payment then the 〈◊〉 to be void In this case if the time â—â—mitted be fifteen dayes then the â—â—nant shall have thirty dayes after 〈◊〉 of the said Feasts to save his Lease if the clause in the Lease be that if Rent be behind for the space of â—â—â—teen dayes next after either of 〈◊〉 said Feast dayes of payment 〈◊〉 the Tenant hath but fifteen dayes 〈◊〉 allowed him and so the diveâ— is to be noted in this case in 〈◊〉 words of a Lease which with a 〈◊〉 little and scarce observable alterâ— on makes so much advantage 〈◊〉 Tenant Co. 10. lib. f. 227. 〈◊〉 par Institutes f. 202. Hern. 〈◊〉 Conv. p. 23. If a man take a Lease for yeaâ— Hern. p. 22. 23. pay his Rent at our Lady-day Michaelmas or within fifteen 〈◊〉 after either of the said Feasts 〈◊〉 Landlord dye after either of the 〈◊〉 Feasts and before the fifteen â—â—yes be out the Heir in this case all have the Rent then for the 〈◊〉 day is but voluntary and the 〈◊〉 day of payment is at the end of 〈◊〉 fifteen dayes and if the Tenant 〈◊〉 that day pay the Rent such â—â—yment is voluntary and not satisâ—â—ctory but if payment be in the â—â—orning and the Landlord dye at 〈◊〉 it is good to give Seizin and â—â—ough this payment be voluntaâ—â— yet it is
him But against a Tenant in Mortgage Noy Max. p. 33. either an action of Wast or an accompt will lye against him because his estate is conditional If two or more Joynt-Tenants or Tenants in common be in a house and one will repair the house and the other will not in that case he that will repair it may have a writ de Reparatione faciend If a Landlord covenant to repair the house and doth it 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 punishable in Wast for so doing No man can have an action of Cook 1. part Inst p. 53 wast unless he have the immediate estate of inheritance but somtime another shall joyn with him As if a Reversion be granted to two and the Heirs of the one they two shall joyn in an action of wast In like manner the Surviving Copartners and the Tenant by the courtesie shall joyn in an action of waste If a Tenant for years commit Waste and dye no action of Waste lyeth against his Executors or Administrators for waste done before their time If there be two Copartners of a â—itchin s 214. Reversion and one of them dye the Aunt and Neece shall joyn in an Action of waste If a Tenant for life commit waste and after surrender his estate and the Lessor accepts it the Lessee is then discharged of the waste If a stranger commit Waste upon the lands which one holdeth for life or years the Tenant shall suffer for it and is left to take his remedy over against he that did it If a Landlord covenant to deliver timber out of the same land to repair the house let and will not deliver it and for defect thereof the Tenant will not repair it but suffers the house to fall down this is waste in the Tenant and he is punishable for it But if the timber be to be taken out of other lands and be not delivered then the Tenant is excusable if he suffer the house to fall and no action of waste lies against him If a single woman Rent lands and Idem marryes and her husband commits waste and dyes she shall be punished for this waste done by her husband But if a Lease be made to a man and his wife and the husband commits waste and dyes in this case the wife shall not be punished for such waste unless she agree to the estate If a woman be Tenant for her life Cook 1. paâ—â— Iâ—st 54. and marries and her husband commit waste and the wife dyeth the man is not punishable for this waste but if a woman be possessed of a term of years and takes a husband who commits waste and the wife dyes here the man is liable to an action of waste for the waste by him committed because he enjoyeth the term of the Lease If a man make a Lease for life or years and after grants the Reversion for years the Lessor shall have no action of waste during the years for he himself hath granted away the Reversion in respect whereof he is to mainteyn his action If an action of waste be brought and the Term end while it is depending yet the writ shall not abate for although the Plaintiffe cannot recover the place wasted yet he shall recover the treble damages Likewise if one be Tenant for Co. 1. part Inst f. 285. term of anothers life and makes waste and afterwards the Cestui que vie dyes here the Lessor shall recover treble damages but cannot recover the place wasted for that falls to him by the death of the Cestui que vie It waste be done in one corner of Cook 1 part Inst s 54. a Wood that place only which is wasted shall be recovered but if it be done here and there about the wood then the whole wood shall be recovered or as much wherein the waste sparsim is done And so in Houses so many Rooms Idem shall be recovered wherein there is waste done If a man make waste in cutting Regâ—st pract p. 343. trees which grow in hedge-rowes which inclose pastures nothing shall be recovered but the place wasted that is the circuit of the roots and not the whole pasture but if trees grow scatteringly about the pasture then the whole pasture is forseited if they be cut It is good plea in bar to a writ of Waste to say that the house fell by a sudden tempest although the Tenant did covenant to repair it but it is no plea in an action of covenant It is also a good plea in a writ of Waste to say that the house was Ruinous at the time of the Lease making and the Timber so putrified and Rotten that it fell It also a good plea to say that the Plaintiffe hath entred upon the Land before which entry no waste was made or that he Surrendred and the Plaintiff did accept before which time no Waste was made If a Tenant doth waste and afterward Cook 1 part Inst f. 285. Surrenders and the Lessor agrees yet the Lessor may have an action of waste and recover treble damages If an action of waste be brought by husband and wife in remainder in special tail and the wife dyeth the suit depending without issue in this case the writ of waste shall abate If a Lease be made to hold to one Idem f. 220. without any impeachment of waste then the Tenant may cut down trees and convert them to his own use but if the words be to hold without impeachment for any action of wasteâ— in this case if the Lessee cut down trees the Lessor shall have them If a Tenant for life grant a rent-charge Cook 1. part Inst 233. 234. and after doth waste and the Lessor recover in an action of waste he shall hold the land charged during the life of the Tenant for life but if the rent were granted after the waste done the Lessor shall then avoid the grant made by the Lessee for life If a Tenant in Fee release to his Idem f. 345. Tenant for life all his right yet he shall have an action of waste And if a Tenant in Tail make a Lease for his own life yet he shall have an action of waste But if there be a Tenant for life the remainder to another in Tail and he in the remainder release to the Tenant for life all his right and State in the land he cannot afterwards have an action for waste If the Grantee of a Reversion bring an action of waste the Lessee may plead generally that he hath nothing in the reversion If a Lessee before his term begin enter into the lands let to him and do an act which amounteth unto waste the Lessor shall not have an action or waste for the same None shall have judgement to recover in an action of waste where the waste comes but to 12
to distreyn for Co. 1. par Inst f. 161. Rent and see the Cattel and the Lessee or his Servants drive them out of his Fee he cannot have a Writ of Rescous because the Cattel were not in his possession but he may follow after them and distreyn them in another mans ground it being for Rent but not for damage feasant for they must be taken damage feasant that is doing damages If a man distreyn goods and declare Claytons Rep. p. 64. pl. 111. not the cause or reason wherefore he doth it if they be put in â— House the owner may break the House and take them out Or if a man distreyn goods without cause the owner may rescuâ— them but if they be pounded bâ— cannot break the pound and takâ— them out because they are then iâ— the custody of the Law But if he find the pound-door unlockt he may take them out Although there be a general prohibition in the Laws of England thaâ— it shall not be lawful for any man to enter upon the Free-hold or Possession of another without permission and Authority of the owner or of the Law yet this is not without exception For if a man drive Beasts along Dr. St. l. 1. c. 16. the High-way and the Beasts run into any Mans Corn or Grasse and he that driveth them goeth after them into the Grounds to fetch them out he may justifie that entry into the Grounds to fetch them out If a man make a Feoffment and Dr. S. l. 2. c. â— that in Fee by Indenture reserving a Rent he cannot distreyn for that Rent unless a distress be expresly reserved And if the Feoffment be made without an Indenture reserving Rent that reservation is void in the Law And the like Law is where a gift in Tail or a Lease for term of life is made the remainder over in Fee reserving a Rent that reservation is void in the Law Also if a man seized of Land for Ibid. term of life granteth away his whole Estate reserving a Rent that reservation is void in the Law without it be by Indenture and if it be by Indenture he shall not distreyn for the Rent without a clause of distress be reserved Also for Amerciaments in a Leet Ibid. the Lord may distreyn although it be in the High-way but for Amerciaments in a Court-Baron he cannoâ— distreyn neither can he distreyn foâ— an Amerciament in the Leet in place seized into the Kings hands foâ— the Kings Debt Also if a man make a Lease at Michaelmas Ibid. for a year reserving a Reâ—â— payable at the Feasts of the Annunciation of our Lady and St Michaâ—â— the Arch-Angel in this case he maâ— distreyn for the Rent due at our Lady-day but not for the Rent due a Michaelmas because the time is expired But if a man make a Lease at thâ— Feast of Christmas for to endure to the Feast of Christmas next following viz. for a year reserving a Renâ— at the aforesaid Feasts of our Lady-day and Michaelmas In this case he shall distreyn for both the Rents as long as the term continues that is to say till the aforesaid Feast of Christmas And if a man have Lands for Dr. St. ibid. term of life of J. N. and makes a Lease for terms of years reserving a Rent the Rent is behind and J. N. dyeth there he shall not distreyn because his reversion is determined And if a Town or Parish be Amerced and the Neighbours by Assent Assesse a certain Sum upon every Inhabitant And agree that if it be not paid by such a day that certain persons thereunto assign'd shall distreyn in this case the distress is lawful If there be Lord and Tenant and Ibid. if the Tenant do hold of the Lord by Fealty and Rent and the Lord doth grant away the Fealty and reserve the Rent and the Tenant Attorneth In this case he that was Lord may not distreyn for the Rent for it is become a Rent-Seck But if a man make a Gift in Tail to another reserving Fealty and certain Rent and after that he granteth away the Fealty reserving the Rent and the Reversion to himself in this case he shall distreyn for the Rent for the grant of the Fealty is void for the Fealty cannot be severed from the reversion Also for Heriot-service the Lord Dr. St. ibid. f. 75. may distreyn but for Heriot-custome he cannot distreyn but may Seize Also if a Rent be assigned to make a partition or assignment of Dower Egal he or she to whom that Rent is assigned may distreyn And in all these cases aforesaid where a man may distreyn he may not distreyn in the night but for damage feasant that is where he finds Beasts doing hurt in his ground he may distreyn them night or day when he finds them but for Waste Reparations Accompts or for Debts upon Contracts or such like no man can lawfully distreyn CHAP. V. Of Rescous in what cases it may be Lawful of Replevins how they are to be sued out and of Avowries to Declarations upon Replevins THe word or term Rescous is Cook 1. par Inst 160. derived from an old Norman verb Rescourrer which is in the Latine recuperare that is to take from to get again or recover So that Rescue is as much as to say to recover or get again what another hath taken away And in the sense of the Law Rescous is a taking away and setting again at Liberty goods distreyned or the body of a Person Arrested and in an Officers custody by vertue of legal process Such kinds of Rescous as appertain unto our present subject are of distresses taken in what cases it may be justifiable to Rescue Goods or Cattel distreyned and whe 〈…〉 not If a Landlord distreyn when the 〈…〉 Co. l. 4. f. 11. is no Rent due the Tenant may ma 〈…〉 a Rescue and hinder that distress In like manner if a Landlord com 〈…〉 1. Par. inst f. 160. to distreyn and the Tenant tend 〈…〉 his Rent unto him and the Lor 〈…〉 will distreyn notwithstanding i 〈…〉 this case the Tenant may make Rescous If Rent be in Arrear and the Lorâ— Cook ibid Magna Charta f. 25. distreyn the Tenants Cattel in thâ— High-way wtthin his Fee here alsâ— the Tenant may Rescue them for nâ— man man distreyn in the High-way but the King and his Officers by special Authority In like manner if a Landlord distreyn Ibid. f. 122. Averia caracae goods of thâ— Plough where there is a sufficient distress to be taken besides or if the Lord distreyn any thing Bastal â—it distress 10. that is not distreynable by common Law or Statute in this case it iâ— lawful for the Tenant to make Rescue But if a Lord come to distreyn Hâ—ghs grâ—abr abr 1. paâ—t p. 117. C 21 Cattel which he seeth within his Fee and the Tenant or any others to prevent
TENANTS LAW A TREATISE of great Use FOR TENANTS and FARMERS Of all Kinds And all other Persons whatsoever WHEREIN The several natures differences and kinds of Tenures and Tenants are discussed and several Cases in the Law touching Leases Rents Distresses Replevins and other accidents between Landlord and Tenant and Tenant and Tenant between themselves and others Especially such who have suffered by the Late Conflagration in the City of London Flamma Consumpta Resurgo The second Edition By R. T. Gent. LONDON Printed by T. M. for S. S. and are to be sold by W. Jacob by Barnards-Inn in Holborn and John Amâ—â—y over-against St. Clements Church in the Strand 1670. To the Tenants of England especially those of the City of London I Have often observed many Inconveniences and Damages to happen to Tenants oftentimes by their Ignorance and Timerosity not knowing how to defend themselves against insulting and cruel Landlords and oftentimes they commit many delinquencies to the Landlord and trespasses and Nusances against one another unwittingly not knowing when they offend and most often they plung themselves into the Mire and are insâ—ared in the Net of trouble like a Bird by their over-much striving to get themselves free and at liberty from it and intangle themselves more and more and work themselves the farther and faster in till they beat themselves out of breath and break their Wings and lose so many Feathers that they scarce ever get flush again One cause hereof is many delight to delude and flatter themselves by setting a fairer gloss upon their cause then it will bear when it comes to the Test and to give wrong instructions to their Clerk or Attorney whereby it cannot be rightly Stated to learned Council and then what the Event of this will be I leave to your selves to Judge I have taken the pains to compose this Treatise to teach you to undeceive your selves and not to seek refuge from the Law in such cases when you your selves have done the injury and likewise to shew you how you may ward your blows and defend your selves against such as are injurious unto you Malicious and Superbous I have methodized the particular Directions enacted for ending Controversies between all Persons concerned in the late dreadful Fire of the City of London whereby they may with more ease compose their own differences inform themselves of the Rules for New Building I wish you much profit which is all the designe herein intended by a Lover of his Country R. T. Gent. The Contents CHAP. I. A Division of the several kinds of Tenants and Tenures Pag. 1. CHAP. II. Of Leases Covenants and Conditions Provisoes and Reservations Surrenders and Assignments of Leases 41. CHAP. III. Of Payment of Rent Acceptance and Extinguishment thereof Demands Entries Dates Continuance Limitations and Determinations of Leases 71 CHAP. IV. Of Corn sown who shall have the Crop of Estovers and Trees blown 〈◊〉 of Distresses what things may be distreyned and how used who may take a Distress for what cause when and where 90 CHAP. V. Of Rescous in what cases it may be lawful Replevins how to be sued out and of Avowries to Declarations upon Replevin 109 CHAP. VI. What cases a Tenant or other shall be said to commit waste in Houses Gardens Woods Pastures Orchards c. And what waste shall be punishable and what not 120 CHAP. VII The Tenants Law touching New Buildings within the City of London 133 Tenants Law CHAP. I. A Division of the Several kinds of Tenants and Tenures EVery Subject of this The kinds of Tenants and Tenures Kingdom that occupieth any Lands or inhabiteth in any House or Tenement is said to be a Tenant Tenens a Tenendo because he must hold of some Lord or other And divers and various are the natures and kinds of Tenants and Tenures in this Land at this time Although they have been more numerous and indeed excessive slavery to the people so that their exhorbitant Cruelty hath caused their Dissolution Those which are ceased to be are Tenure in Villenage where the Villenage Lord might vassal and enslave his Tenants person at his pleasure but not kill him Pillenage where the Lord might Pillenage pillage his Tenant of all his goods Frank-Almoigne or free Almes Free-Alms was a Tenure begun and had its original either at or soon after the foundation of Monasteries and Religious Houses and extripated with them The nature of it in old time was when a man being Seized of Lands or Tenements in his Demeasne as of Fee of the same Land did enfeoffe some Abbot or Prior and their Covents or some Dean and Chapter and their Successors or some Parson of a Church and his Successors or any other Religious person who was in a Capacity to take such Alms to hold the same Lands and Tenements to them and their Successors in Liberam Eleemosynam in Free-Alms or Frank-Almoigne of the grantor and his Heires and such as held in Free-Alms were bound in consideration of such grant or Feoffment to perform certain Divine and Religious Services and Exercises for the Souls good Life and Prosperity of the grantors and all others And they confirmed all their grants with grievous Anathema's and Imprecations against all such as should in any wise diminish or take away such their grant or convert the same unto any other use which some justly believe to be none of the least Causes why Purchasers of Church-Lands find such ill success as seldome to enjoy it to the fourth Generation But as I said before this Tenure and the Religious Houses ended together or immediately one after the other So that none can grant any Lands or Tenements in Liberam Eleemosynam at this day Tenure in Capite and Knights-Service Knight-Service is also by Act of Parliament in the twelfth Year of his now Majesties Reign together with the Court of Wards which was dependent upoâ— that Service taken away and aâ—â— those Tenures are now turned into common Soccage So that the more usual Tenants amongst us at this day are Tenant in Fee-Simple in Fee-Taile Fee-Simple Tenant in Tail after possibility of Fee-Tail issue extinct Tenant in Dower by the courtesie Dower Courtesie Term of life for years At Will of England Tenant for Term of Life for years upon Lease in writing or Lease parol Tenant at will by the common Law or by custome Tenant by Coppy of Court-Roll Coppy Tenants in Coparcenery Joynt-Tenants Coparcenery and Tenants in common Fee-Simple A man that is seized in Lands or Fee-Simple Tenements to hold to him and his Heires for ever is said to be Tenant in Fee-Simple and such an Estate is called Feodum Simplex The word Feodum in Latine being taken to signifie Inheritance and Simplex implies pure plain or unmixt and indeed Fee-Simple is the most pure holding that is being unmixt or entangled in it self But as the whitest Colour will be soonest stained so is
demises yet their Leâ—ses shall be good against them 〈◊〉 their lives If a Lessee for years grant a Renâ— Cook 8. Jac. 144. charge and after surrender yet 〈◊〉 the benefit of the Grantee the 〈◊〉 hath continuance although in 〈◊〉 veritate it is determined and 〈◊〉 Grantor himself shall not derogaâ—â— from his own grant to make it 〈◊〉 at his pleasure Tenant for years of an Advowsâ— granteth the next Avoidance 〈◊〉 Donation if the same Church shouâ—â— become void during the term â— And afterwards surrenders his terâ— yet if the next Avoidance be wiâ—â— in the term the grant is good 〈◊〉 the years cannot determine but 〈◊〉 effluxion of time and the Law iâ—plies a limitation if the Church 〈◊〉 become void during the term 〈◊〉 expressio eorum quae lacite ni sunt nihil 〈◊〉 A Lessee covenanteth for himself Idem 25 Eliz. Fol. 16. 〈◊〉 Executors and Administrators â—ith the Lessor That he his Execuâ—â—rs or Assigns shall build a Brickall upon part of the demised preâ—ises And afterwards the Lessee â—akes an assignment of his Lease to â— D. for his term in this Case 〈◊〉 Assignee is not bound to build the â—all When a Covenant extends to a 〈◊〉 in being parcel of the demise â—hen the thing to be done by force of 〈◊〉 Covenant is annexed and appurâ—â—nant to the thing demised And â—â—all bind the Assignee although by â—â—press words in the Covenant he be â—ot bound But if the Covenant extends to a 〈◊〉 which had no being at the time 〈◊〉 the demise made that cannot be â—nnexed or appurtenant to a thing â—hich had no being If a Lessee Covenant to repair the â—ouses demised to him during his â—ease This is part of the Contract 〈◊〉 shall bind the Assignee although 〈◊〉 the Covenant he be not expresly â—ound But where the Covenant concerâ— a thing not it being at the time the demise 〈◊〉 to be made afreâ— this shall bind the Covenantor 〈◊〉 Executors aâ—d Administrators 〈◊〉 not the Assignee If a Lessee Covenant for him 〈◊〉 his Assigns to build a House upâ—â— the Land of the Lessor which is 〈◊〉 parcel of the demise or to pay 〈◊〉 collateral sum of Money to 〈◊〉 Lessor or to a Stranger this shall 〈◊〉 bind the Assignee If a man demise Lands for yearâ— with a stock of Cattel or sum of Mâ—ney rendring Rent And the Lessâ— Covenants for him his Executorâ—â— Administrators and Assigns to dâ—liver the stock of Cattel or the 〈◊〉 of Money at the end of the terâ— This Covenant shall not charge 〈◊〉 Assignee If an Assignee of a Lessee be â—â—â—victed he may have a writ of Covâ—nant so shall a Tenant by Statuâ— or by Elegit or he to whom Lease is sold by vertue of an Execâ—tion If a man grant to a Lessee for terâ— of years that he shall have so maâ—â— Estovers as shall serve to repair his â—ouse or that he shall burn in his â—ouse or the like during the term â—hat is appurtenant to the Land and â—â—all run with the same as a thing apâ—urtenant in whose Hands soever 〈◊〉 same cometh The Statute extendeth only to Coâ—â—nants 32 H. 8. C. 24. which touch the thing deâ—ised and not to collateral Coveâ—ants An Assignee of an Assignee Exeâ—â—tors of an Assignee Assignes of â—xecutors or Administrators of eâ—ery Assignee may have an Action 〈◊〉 Covenant for all are comprised Cooke lib. 5. â—â—thin this word Assignees and 〈◊〉 same Right that was in the Testaâ—â—r or Intestate descends to the Exâ—â—utors or Administrators A Lease is made for life the reâ—ainder Crompton 49 6 over for life the remainder 〈◊〉 in Fee the first Lessee maketh â—aste And because he in the Fee 〈◊〉 no remedy by the Commonâ—â—w and Waste is a wrong proâ—â—bited he shall have releife in Chanâ—â—ry A Woman sole takes consideraâ—â—on 4 Eliz. for making a Lease for one and twenty years and then Marries and she and her Husband made the promised Lease at the one and twentâ— years end The Lessee surrenders and takes a new Lease for one anâ— twenty years more the Husbanâ— dyes the Wife oustes the Lessee who sues in Chancery to have thâ— first Lease continued rest for thâ— first one and twenty years and coulâ— not have remedy because the surrender was voluntary and the Couâ—â— gives no relief against a voluntarâ— Act. A Lease is made of House aâ—â— Woods wherein it is Covenanted That the Lessee shall have Housâ— boote and fireboote by this it â—â— implied and meant that he shall noâ— have any of the Woods to use oâ— convert to any other purpose 〈◊〉 that the doe belonging to the Lessor And the Lessor shall have help iâ— Chancery leaving to the Lesse sufficient for House-boote and Fire boote If a man demise any Lands or Tenements Lit. Ten. l. 1. to another by Lease parol the Lessor ought to be seized of thâ— Lands or Tenements which he so le ts at the time of the Lease parol made or else he cannot maintain an Action for his Rent for the Lessee may plead that the Lessor had nothing in the premises at the time of the Lease made and then he is barred of his Action but if the Lease be made by Deed Indented then the Lessee cannot plead this plea thereunto If a man lets Land to another by Cook 1. par Inst 55. Lease to hold the same at the will of the Lessee the Law intends it to be at the will of the Lessor also and he may put the Lessee out when he pleases likewise if it be let at the will of the Lessor it is intended at the Lessees will also for the Lessor cannot force him to stay longer then he pleases A Covenant made between Landlord Covenants and Tenant that the Tenant shall have a new Lease upon the surrender up of his old Lease And afterwards Noys Maxims p. 13. the Lessor makes a Lease by Fine for more years to a third person in this case the Lessor hath broke his Covenant although the Lessee did not surrender which by the words of the Covenant ought to have Covenants in his Lease for such breach the Landlord may bring hiâ— Action of Covenant before the enâ— of the term A man takes a Lease for years and Hughs Grand Abridgments 1. par P. 492. C. 19. covenants and grants to and with thâ— Lessor for him and his Executors to repair the Houses as often as neeâ— requires and afterwards the Lesse assigns over his Lease to another and the Assignee suffers the House to decay for want of repairs in thâ—â— case the Lessor may bring an Actioâ— of Covenant against the Assignee aâ—though he be not named in the Covenant A Landlord lets a Lease and covâ—nants Co. 1. par Inst sol 41. with his Tenant that he shâ—â—â— have sufficient hedge-boote to assigned him by the Landlord or 〈◊〉 Bailiffe In this case the Tenant 〈◊〉 not take hedg-boote without assignment If a man by Indenture take
it is delivered If the Habendum of a Lease Co. 1. par Inst â— 46. be for a term of one and twenty years without mentioning when it shall begin it shall then begin Cro. 2. par 263 264. from the Delivery So if an Indenture of Lease bear Date upon dayes impossible as Feb. 30. or March 40. There being no such dayes in one Accompt in this case if the term be limited to begin from the Date it shall take effect and beginning from the Delivery as if there had been no Date at all If Lands descend to an Heir he may Noys Max. p. 67. make a Lease thereof before his entry into the same If a man makes a Lease to day to one for ten years and to morrow makes another Lease of the same Lands to another person for twenty years this second Lease shall be good after the first is expired for so many years as 〈◊〉 therein to come If a man make a Lease to another Co. 1. par Inst fol 45. for one and twenty 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 made to commence from the end of the said one and twenty years there though there had been a surrender yet it should not have commenced till the term had been out so that by this you may observe the Law puts a distinction between term of years and time of years If a man lets Lands to another to hold till the Lessee hath levyed twenty pounds this is a good Lease notwithstanding the incertainty Bracton saith that every Lease must have a certain beginning and ending Quia id certum est quod certum reddi potest Yet you see by the case before this Rule is contradicted so that it holds not always although in the generality it doth For if a man make a Lease to another for so many years as I. S. shall name although this be incertain at the beginning yet when I. S. hath named the years it is then good for so many years as he names So likewise if A. be seized of Co. 1. par Inst fol. 45. Lands in Fee and do grant to B. that when he payes him twenty shillings that then from that time he shall have and occupy the Land for one and twenty years and after B. pays unto A. the twenty shillings thiâ— is a good Lease for one and twenty years from that time Co. 6. l. f. 34 35. If a Parson make a Lease of his Glebe for so many years as he shall be Parson there this is void because of the uncertainty thereof for the Parsons time there terminates with his life then which nothing is more uncertain If a Lease be made for one hundred years if A. and B. live so long in this case if either of them dye the Lease is ended If an Infant who is seized of Lands Co 1. par Inst fol. 45. in Soccage make a Lease at his age of fifteen years this is good and shall bind him If a Tenant in Fee marry a Wise Co. 1. par Inst fol. 46. and make a Lease of his Lands for years and after dye 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 a man have a term of years in Co lib. 8. â— 49. in the right of his Wife if she dye it remains to him but if she survive him it remains to her and not to his Executors without he dispose of it in his life-time If a man license another to enter and occupy his Lands this is a good Lease for years in Law Brownl 2. part p. 250. A Lease for years although it be never so long cannot be intayled because it is a Chattel which cannot be turned into an Inheritance Styles Regist pract p. 197. If a man seized in Fee-Simple let a Lease to another to have and to hold the same Lands for term of life and do not mention whose life it shall be taken for the Lessees life because the act of every one shall be taken most strongly against himself But if a Tenant in Tail let such a Lease without expressing whose life it shall be taken for the life of the Lessor If a Joynt-Tenant make a Lease Co. 1. par Inst f. 185. 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 that made it dye before the day yet the Survivour shall be bound by the Lease for the Lessee hath a present Interest If two take a Lease for their lives and make partition either of them dying his part immediately reverts to the Lessor If there be two Joynt-Tenants Golds Rep. 187. for life and one of them makes a Lease for eighty years to begin after his Death and after dyes This Lease is good against the Survivour If a Lease be made to the Husband Dr. St. lib. 2. c. 33. and the Wife yeelding a greater Rent then the Land is worth if the Husband dye the Wife after the Husbands death may refuse the Lease to save her from the payment of the Rent but if the Husband over-live the Wife and then make his Executors and dyes if they have Assets that is if they have goods sufficient of their Testator to pay the Rent they cannot refuse it but if they have no goods sufficient of their Testator to pay the Rent to end of the term if they relinquish the occupation they may by special pleading discharge themselves of the Rent and the Lease If I let Lands in which are Mynes or Trees I cannot enter to take the Trees or Mynes but am a Trespasser unless I do reserve such a priviledge to my self when I let the Lands But if a Lessor do come upon the grounds Leased he is no Trespasser for it shall be intended that he came â—o see if Wast were done If a Tenant for years happen by any casualty to loose his Lease yet he shall not loose his term in the Lands let by such Lease which is lost if it can be proved that there was such a â—erm let to him by Indenture And â—hat it is not determined CHAP. IV. Of Corn sown who shall have the Crop of Estovers and Trees blown down of Distresses What things may be distreyned and how used who may take a Distress for what cause when and where IT is a usual saying and generally received opinion that he that Sows must Reap but as there is no general rule without some exception so this holds not always that he that Sows shall Reap But touching the Sowing of Corn if the Tenant be outed or his term ends before it be ripe who shall have the Corn I have already set