Office Attendance and such like as well as in paying of Mony If the Heir make a Lease for 7 H. 5.4 Co. on Lâ—â—t f. 42. a. Life reserving a Rent against whom the Mother recovers her Dower and dieth the Lessee shall have the Land again for his Life and the Rent is revived The Acceptance of the Rent 22 H. 8. Br. Acceptance 14. upon a void Lease will not make the Lease good again but Vide Browning's Case Pl. Co. 136. if it be onely voidable it wil. The Acceptance of a Redemise to begin presently is a Suspension Noye's Maximes p. 70. of the Rent before any Entry but otherwise if it be to begin in futuro Acceptance of a Rent which See Co. 3. l. in Pennant's Case there is not in Esse nor due to him that accepts it doth not affirm the Lease as where Lands are given to the Husband and Wife and the Heirs of the body of the Husband and he leases the same and dies and the Issue accepts the Rent of the Lessee in his Mother's life and after she dies now the Issue may avoid the Lease for when he accepted the Rent it was due to his Mother and not to him If the Successor of a Parson â—4 H. 8. Bâ— â—eases 19. â—â— H. 8. Br Dean â—0 Leases 52 See Co. 3. l. fo â—5 66. in Pennant's Case See Revel Haâ—â—'s Case Goldsb Rep. pa. 138. pl. 44. or Vicar accept the Rent of a Lease for Years made by his Predecessor yet it is worth nothing for the Lease is void by Death but it is otherwise of a Lease for Life But if the Successor of a Bishop Co. ibid. 2 F. 6 Br. â—eases 33. 32 H. 8. Dyer 46. Abbot or Prior accept the Rent upon a Lease for Years he shall never avoid it for it was but voidable onely and his acceptance hath now confirmed it If he that hath Rent-Service See Hopkins Moâ—â—on's Case vouched in Pennant's Câ— Co 3. l. Hern's Law of Conv. p. 40. Co. 1 par Inst f. 373. a. 11 H. 4. 55. 10 Eliz. Dyer 271. or Rent-Charge accepts the Rent due at the last day and gives an Acquittance for it all the Arrearages due before are thereby discharged If Tenant in Tail make a Lease for 40 years to commence Pl Co. f. 437. a. Co. 1 par Inst f. 46. b. 10 years after his Death rendring Rent and after he dies and the Issue enters and enfeoffs B the 10 years expires then the Lessee enters if B. accept the Rent the Lease is good If the Husband and Wife let the Land of the Wife for years Tamen quaere P. 5 Mar Dyer 160. and see 4 Maâ— Dyer 141. Gough's Case rendring Rent and after the Husband dies and she before any day of payment takes another who accepts the Rent and dies by this the Lease is affirmed If Tenant for Life lease Lands for years and dies the Lease is void and the Rent reserved upon the Lease is determined and Acceptance by him in Remainder will not make it good for when it is once void by Death no Acceptance after will make it good If the Husband and Wife let the Lands of the Wife for 3 H 6. f. 22 H. 6. f. ibid. 21 H. 6.24 Kitchin p 234. B. Terms of the Law verb. Acceptance years rendring Rent and the Husband dies if the Wife accept the Rent it is a good Lease If Tenant in Dower lease for years and die the Lease is void â—â— H. 8. Br. Tit. Auncest 14. and Acceptance of the Rent by the Heir will not make it good again If a man seised in Fee let for 1 F. 6. Br. 18 and see Finche's Law l. 1. c. 4. p. 68. 10 years and after selleth the Land and taketh back an Estate to him and his Wife and then the Husband and Wife let for 20 years reserving Rent and the Husband dieth the Wife accepts the Rent during the first 10 years in this case the second Lease is not affirmed for 21 Eliz. 563. Philips Prin. of Law p. 164. the Acceptance of the Rent before the Lease beginneth and so before any Rent be due is no Acceptance at all A Lease for Years may be Noye's Maximes p. 78. confirmed for a time or upon Condition or for a piece of the Land but if it be a Franktenement it shall enure to the whole absolutely There is a diversity between See in Pennant's case 38 â—liz Co. 3. l. f. a Lease for Life and for Years In case of a Lease for Life though the Conclusion of the Condition be that it shall be void yet acceptance of the Rent due after the breach doth affirm it and make it good again for the Free-hold being created by Livery cannot be determined before Entry If a Prebend lease for 70 years and Patron Dean and See â—ooâ—d'â— Ca. 37 â—l in C. B. Co. 5. l. f. 81. Chapter confirm the Demise aforesaid in form aforesaid made for 51 years and no farther this is a Confirmation of all the Term but if they had recited the Lease and confirmed the Land for 51 years this had been good But by whatsoever words they confirm a Lease for Life or Gift in Tail for part this shall confirm all because they are intire If the Tenant of the Land and a Stranger join in a Lease for Co. 1 pâ—râ—â—â—st 〈…〉 H. 4. 1. 27 〈◊〉 8.16 Years by Deed indented of the same Land this is the Lease of the Tenant onely and Confirmation of the Stranger and yet the Lease as to the Stranger works by Conclusion If two several Tenants of several Co. ibid. Lands join in a Lease for Years by Deed indented these be several Leases and several Confirmations of each of them and work not by way of Conclusion If B who is Tenant for Life Co. ibâ—â— Vid. Tâ—â—port's case M. â—7 El. in B. R. Co â— l. f. 15. Vide Ellis Chowne's case 44 â—l in C. B. Rot. 1459. of C and he in the Remainder or Reversion in Fee make a Lease by Deed indented in this case this is the Lease of B during the Life of C and the Confirmation of him in Remainder and after the Death of C it is then the Lease of him in Remainder and Confirmation of B and in this case there is no Conclusion If Tenant for Life and he in Remainder in Fee make a Lease Co. 1 par Inst f. 45. a. 2â— H. 8. 〈…〉 See Bredon's case 39 40 â—liz 〈◊〉 1. l. f. 76. 〈◊〉 Dyer 234. by Deed indented and the Lessee be ejected during the Term in the Life of Tenant for Life he must then declare in his Action of a Lease from Tenant for Life and if it be after his Death he then must declare of a Lease from him in Remainder If Cestui que use make a Mich. 35 H. 8. Dyer 58. Lease for 20 Years the first
to year so 14 H. 8.16 Noy's Max. p. 66. Br. Lease 13.22 long as both parties please is a good Lease after Entry in any year for that year till warning be given to depart If a Lease be made to A and his Assigns for his Life and the See Rosse's case 41 42 Fl. Co. 5. l. f. 13. Herne's Law of Conv. p. 12. Life of B and C this is a good Lease for 3 Lives But if a Lease be made for an See in Co. said 5. Book in Brudenel'â—câ— 34 â—l in B. R. see Brownl 2 part p. 292. hundred years if A and B live so long in this case if either of them die the Lease is ended A Lease rendring Rent to See Co. 5. l. f 111. in Mallery's ca. 43 Eliz. Herne's Law of Conv. p. 142. one and his Heirs or his Heirs alone but of a Feoffment Tenendum to one or his Heirs is but an Estate onely for the Life of the Feoffee If a man make a Lease to See 3 Jac. Savin's ca. in C. B. Co. 5. l. f. 123. commence after the end or determination of a former Lease in esse and after the first Lease is out and the second Lessee entreth not but he in the Reversion enters and makes a Feoffment and levieth a Fine with Proclamations and 5 years pass without Entry or Claim of the second Lessee in this case the Fine barrs him for the Stat. 4 H. 7. c. 24. speaks of Interest and a Lease for years is an Interest within the Statute If an Infant who is seised of Co. 1 part Inst f. 45. b. Land held in Soccage make a Lease at his age of 15 this is good and shall bind him If Tenant in Tail make a 10 E. 3.26 34 Ass 15.23 E. 3. Dower 130. Co. 1 part Inst f. 46. a. Lease for Years according to the Statute rendring Rent and die without Issue now as to him in the Reversion the Lease is void but if he endow the Wife of that Land it shall be good against her or if Tenant in Tail die without Issue his wife enseint with a Son and he in Reversion enters and after the Wife is delivered in this case the Lease is again revived although it were once void by the Entry of him in Reversion Nota. If Tenant in Fee take a Co 1 part Inst f. 46. a. Wife and make a Lease for Years and after die and the Wife is thereof endowed here she shall avoid the Lease but after her Death it shall be in force again against the Heir If an Husband have a term of years in Right of his Wife Idem ibid. b fo 35â— â— Mich. 26 27 El. adjudged in boâ—h Court intâ—r Amnor Loddington And â—â—e 7 Jac. in Manning's case Co. 8. l. f. 94. if she die it remains to him but if she survive him it remains to her and not to his Executors without he make disposition of it in his life-time 14 El. Pl. Com. 419. If a man lease for Life to I. S and the next day leases to W. B. 37 H. 8 Br. Leases 48. the end for 20 years the second Lease is void if it be not a Grant of a Reversion with Attornment for in Law the Free-hold is more worthy and perdurable then a Lease for Years yet if the Lessee for Life die within the Term the Lease for Years is good for the rest of the years to come If a man license another to Brownl 2 part p. 250. 10 E. 4. f. 4. 5 H. 7. f. â— enter and occupy his Lands this is a good Lease for Years in Law If a man lease for 60 years and so from 60 years to 60 â—l Com. f. 273.29 H. 8. Br. Leases 49. years until 200 years be ended this is all the same Lease and good for the term If a man have a Lease for 32 l. Ass 6. 500 years it is but a Chattel notwithstanding the long time A Lease for Years though it be never so long cannot be H. l. 2â— Car. in B. R. Sâ—yles Regest Practicale p. 197. Intailed for the nature of a Chattel cannot be turned into an Inheritance If a man seised of Land in Co. 1 part Inst f. 4â— â— Vid. â—hâ—lipps â—â— of Law p. 88. Fee-simple make a Lease of the same to another To have and to hold the same for term of Life and do not mention whose Life in this case it shall be taken to be for the Lessee's Life for the Act of every man shall be taken most strongly against himself But if Tenant in Tail let Co. ibid. f. 183. b. Finch l. 1. c. 4. p. 60. such a Lease without expressing whose Life it shall be taken to be for the Life of the Lessor A Lease for a thousand daies 14 H. 8. f. 1. Finch l. 1. c. 5. p. 67. is a Lease for Years A Lease for Years and a Release Finch cod loco Co. Lit. f. 207. a. amounteth to a Feoffment If Joynt-tenant make a Lease Finch l. 1. c. 3. p. 97. Mich. 3 Eliz. Dyer 187. Lit l. 3. c. 3. Co. 1 part Inst f 185. a. 186. a. b. But see Dyer f. 178. Harbâ—n Baâ—tonâ—s case Goldsb p. 187. pl. 1â—0 for years of his part though the Lessee never had possession or though it be to begin at a day to come and the Joynt-tenant which made it die before the day yet the Survivor shall be bound by the Lease for the Lessee hath a present Interest But it is otherwise of a Grant Co 1 part Inst f. 184. b. Finch ibid. 5 El. Plo. 203. Brownâ— â—â— Com. 263. b. in Dame Hales case to have a Lease if the Grantee pay 10 pound before Midsummer next and the Joynt-tenant which made the Grant die before the day for here is no Interest at all but a Communication till the mony be paid If a man let Land for Life without saying more the Reversion Finch l. 2. c. 3. p. 113. â—it of the Fee-simple is in the Lessor If Tenants for Life or Years of Land make a Feoffment in Idem ibid. Br. Foâ—is 96. Fee and give Livery they forfeit their terms If two take a Lease for their Lives and make partition either See Farrington's case Dyer 67. Cowell's Inst p. 199. of them dying his part immediately reverts to the Lessor If a Lease be made to a Feme sole for 40 years if she so long See Sayer and Hardye's case Goldsb p. 179. pl. 112. live sole and continue unmarried now if she die the Lease is determined or if I make a Lease for 40 years if the Lessee dwell upon the thing let during the term here if the Lessee die the term is determined But if it be a Lease for 40 years if the Lessee dwell upon Idem in Save 's Hardye's câ—se the thing let during his Life in this case if the Lessee dieth the
142. a. Rent after the Lease is ended nor out of his Fee except in some special cases nor in the Night unless it be Dammage-feasant The Executors or Administrators of him which had Fee-farm Noye's Max. p. 45. Vide Rastal Tâ— Renâ—s 32 H. 8.37 c. Wingâ—te's Abridgment of the Stat. p. 407 408. Co. â—n Lit f. 162. a. Co. 4 l. f. 4â— in Ognell's case â—9 â—l in Fee in fee-Fee-Tail or for Life may either have an Action of Debt against the Tenant that should pay it or distrain for it and so may the Husband after the death of his Wife his Executors or Administrators and he which hath Rent for another's Life for the Arrearages after his Death If a man put Cattel into my Noye's Maximes p. 4â— Pasture for a week and afterwards I give him notice that I will keep them no longer and he will not fetch them away I then may distrain them Dammage-feasant If a man take Cattel Dammage-feasant 2 E. 3. Rescous 12. Co. 1 part of Inst f. 161. a. Compl. Att. p. 196. and as he is driving them to the Pound they run into the Owner's house who refuses to let them out again here he that distrains may have a Writ of Rescous against the Owner for so doing If the Lord come to distrain Noye's Max. p. 46. Co. 1 par Inst f. 161. a. 6 R. 2. Râ—s 11. 11 H. 7.4 21 H. 7.40 Co. 9. l. f. 22 in case de Avowry Terms of the Law â—eâ—b Distress 44 F. 3. f. 20. F. N. B. 102. and see the Cattel and the Lessee or his Servants drive the Beasts out of his Fee here the Lord cannot have Rescous because he had not the possession but he may follow and distrain them in another's ground but not for Dammage-feasant for they must be Dammage-feasant at the time of the taking If a man take a Distress of Clayton's Rep. p. â—4 pl. 111. goods and shews no cause for what if they be put in an house the Owner may break the house and take them out If a Distress be taken of 4 E. 6. Tit. Distâ—esses 74. F. N. B. 100. E. Co on Lit. f. 47. b. 9 E. â— f. 35. 5 F. 4. f. 7. per Danby 40 F. 3. f. 33. goods without cause the Owner may Rescue but if they be impounded he cannot break the Pound and take them out because they are then in the Custody of the Law If a man distrain Cattel for Co. ubi suprá 3 E. 3 Tit. Trans 11. 34 H. 6.18 Dammage-feasant and put them in the Pound and the Owner that had Common there maketh fresh Suit and finds the Door unlocked he may then take them out but if it be locked he cannot justifie to take them out If Beasts driven by the High-way escape into another man's Dr. Stud. l 1. c. 16 Cowell's Inst p. 231. Corn he that driveth them is no Trespasser by his Entry to fetch them out again If a man make a Feoffment reserving a Rent he cannot distrain Dr. Stud. l. 2. c. 9. without a Clause of Distress and if the Feoffment be not by Indenture the Reservation is void in Law like Law where a particular Estate is made reserving a Rent the Remainder over in Fee If Tenant for Life grant his Dr. Stud. ibid. whole Estate reserving a Rent the Reservation is void if it be not by Deed Indented and without a Clause of Distress it is a Rent-seck and he cannot distrain For an Amercement in a Dr. Stud. ibid. 10 H. 7. f. 15. â—4 E. 2. and 19 â— 2. Avowry 221. Leet the Lord may distrain and though the Distress be taken in the High-way yet in this case it is lawful A man cannot distrain for an Amercement in a Court Baron Dr. Stud. ibid. 47 E. 3. f. 12. Vide Kitchin f. 61. b. Hughes's gr Abr. 1 parâ— p. 721. Co. 10. nor for an Amercement in the Leet in a place seised into the King's hands for the King's Debt for it is for that time privileged If a Lease be made at Michaelmas Dr. Stud. ibid. Vide Co. on Lit. fo 47. b. for a year rendring Rent at the Annunciation and Michaelmas the Lessor may distrain at the Annunciation but not at Michaelmas because the term is expired If Tenant for another's Life make a Lease for Years reserving Dr. Stud. ibid. Vide Perkins 691 692. Rent and Cestui que vie dieth in this case Tenant perautre vie cannot distrain because his Reversion is determined If a Town be Amerced and the Neighbours by assent assess a Dr. Stud. l. 2. â— 9. certain Summ upon every Inhabitant and it is agreed that if it be not pay'd by such a day certain persons thereto appointed shall distrain such Distress is lawful Lord and Tenant by Fealty Dr Stud. ibid. 12 â— 4.11 9 E. 3. 1 Vide l. â— â—hâ— of Renâ—s 〈◊〉 44 â— 3. â—oâ—â—de â—on â—â—e 20 â—â—d Peâ—kins 113. and Rent the Lord grants the Fealty reserving the Rent and the Tenant attorns the Lord cannot now distrain for the Rent for it is now made Seck But if a man make a Gift in Tail reserving Fealty and Rent Dr. Stud. ibid. and after grants the Fealty reserving the Rent and Reversion here he may distrain for the Rent for the Fealty is incident to the Reversion and cannot be granted without it For Herriot-Service the Lord may distrain but for Herriot-Custome he must seise and not distrain For Rent granted upon Egalty of partition or of Dower the 21 H. 6.7 Dr. Stud. ibid. party may distrain If a man break the Pound and take out his goods he that 34 H. 6.18 Co. 1 part Inst f. 47. b. Vid. Comp. Aâ—t p. 192. distrained may have a Parco fracto against him and may also take the goods again wheresoever he finds them and put them in the Pound again If the Tenant forestall the Co. on Lit. f. 153. b. f. 161. b. Fleta l. 1. c. 42. Vide 29. Ass 49. Noye's Max. pâ—â— 46. way with force and armes and threaten in such manner that the Lord dares not come to distrain or demand the Rent or if there be no Distress on the ground nor none ready to pay the Rent then in this case the Lord may have a Wâ—it of Novel Disseisin against the Tenant and recover his Rent and Arrearages and if the Rent be behind another time he may have a Redisseisin and recover double Dammages If a man take a Distress he M. 7 Jac. in C. B. More and Conham's case Owen's Rep. f. 123. Vide in Bagshaw and Goward's case Hil. 3 Jac. in B. R. Rot. 1070. Cro. Rep. 1 part fo 147. may not work it for he hath neither property nor possession in Jure CHAP. VIII Of Rescous where it shall be lawful REscous is an old French Co.
this case shall abate because every kind of Action of Waste must be ad exhaereditationem If there be two Joynt-tenants Co. 1 part Inst f. 200. b. Westm 2 chap. 22. Vide Rastall Waste 6. Wingate's Abr. Stat. p. 552. Ferrer's Mag. Charta fo 71. b. Co. â— part Inst fo of a Wood Turbary Piscary or the like and one of them doth Waste against the will of the other here the other may have an Action of Waste against him and he that did the Waste hath election before Judgment either to take his part in certainty by the Sheriff and the Oath of 12 men c. or that he grant that from thenceforth he shall not doe Waste but according to his proportion c. and if he make choice of a certain place then the place wasted shall be assigned to him And this doth extend as well Co. 1 part Inst fo 200. a. b. 47 E. 3. 22. b. 2 H. 5. 1 3. to Tenants in common and Joynt-tenants for Life as to an Estate of Inheritance but if one Tenant in common or Joynt-tenant out of a Dove-house destroy the whole Flight of Doves no Action of Waste doth lie in that case upon the Statute but the other may have an Action of Trespass against him that destroyed them quare vi armis Columbare le Pl fregit 200 Columbas Pret. 40 interfecit c. If a Lease be made to hold to one without any impeachment Co. 1 part Inst f. 220. a. Vide Co. Reports l. 2. f. 23. l. 9. f. 9. l. 12. f. 83. of Waste then the Lessee may cut down Trees and convert them to his own use but if the words be to hold without impeachment for any Action of Waste then in thâ—â— case if the Lessee cut dowâ— Trees the Lessor shall havâ— them for the discharge extends but to the Action If Lessee for Life grant a Co. 1 part Inst f. 233. b. 234. a. Rent-charge 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 A Parson Vicar Arch-deacon Prebend c. may have Co. 1 part Inst f. 341. a. 10 H. 7. 5. F. N. B. 55. d. 57. c. an Action of Waste and the Writ shall be said ad exhaeditationem Ecclesiae c. ipsius B or Praebendae ipsius A. If Tenant in Fee release to his Tenant for Life all his Co. 1 part Inst f. 345. b. 42. F. 3. â— 23 F. N. B. 60. â— 41 E. 3. Wast 83. 42 E. 3. 18. Right yet he shall have an Action of Waste And if Tenant in Tail make a Lease for his own Life yet Idem Ibid. he shall have an Action of Waste But if Tenant for Life be the Remainder to another in Co. 1 part Inst f. 345. b. 43 Ass pl. 13.41 E. 3. Wast 83.11 H. 4.67.13 H. 7.10 Plo. Com. 482. Tail and he in the Remainder release to the Tenant for Life all his Right and State in the Land in this case he cannot afterwards have an Action of Waste If the Lessor bring an Action Co. 1 part Inst f. 356. a. 46 E. 3. 20. 8 H. 6.13.30 H. 6. 7. of Waste against his Lessee the Lessee cannot plead generally Riens en le Reversion but he must shew how and by what means the Reversion is devested out of him But if the Grantee of a Reversion bring an Action of Co. ubi suprá Waste the Lessee may plead generally that he hath nothing in the Reversion If a Bishop make a Lease Co. 1 part Inst f. 356. for Life or Years and dies and the Lessee the See being void doth Waste in this case the Successor shall have an Action of Waste And so if Lessee for Life be disseised and Waste is done Co. ubi suprá and the Lessee re-enters here an Action of Waste lieth against him If Lessor and Lessee for Years c. join in the cutting Mich. 18 H. 8 â— Perkins 202. down of 20 Oaks c. growing upon the Lands leased the Lessor shall not punish the Lessee for the same If the Lessee before his term begin enter into the Lands let to him and doe an Act which amounteth unto Waste the Lessor shall not have an Action of Waste for the same None shall have Judgment to Finch l. 1. ch 3. p. 29. recover in an Action of Waste where the Waste comes but to 12d or such a petty Summe for De minimis non curat Lex If Waste be done upon Co. 2 part Inst â— 303. Reges Prac. p. 343. Lands let for term of Years or Life by one against whom the Lessee can have no Remedy in Law for committing the same Waste the Lessee in such case is not punishable for the same by the Lessor except there be a special Covenant in the Lease that he shall not commit nor suffer Waste to be done Note well what hath been here said concerning Guardians in Chivalry and their Wards is but onely to shew what the Law was formerly in those cases for now by the Stat. of 12 Car. 2. chap. 24. Wardship that former undoing of many Gentlemen Primer-Seisins and all Ouster le mains c. are quite taken away and all hold now in free and common Soccage and every Father whether he be at age of 21 years or under may by Deed executed in his life-time or by his last Will and Testament in writing in the presence of two or more credible Witnesses delivered dispose of his Children under the age of 21 years and not married at the time of his Death for and during such time as they shall remain under the age of 21 years or any lesser time to the Custody and Tuition of any person or persons in Possession or Remainder Popish Recusants excepted and such Disposition of such Child or Children since the 24 Febr. 1645 or hereafter to be made shall be good against all and every person and persons claiming such Child or Children as Guardian in Soccage or otherwise c. 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 IF any shall be convicted by his own Confession or by the Testimony of one Witness upon Oath before one Justice of Peace or Head-Officer to have unlawfully cut or taken away any Grain growing robbed any Orchard or Garden digged up or taken away any Fruit-Trees broken any Hedges Pales or other Fences cut or spoiled any Woods or Under-woods standing and growing or the like or to have been accessary thereunto he shall within such time as the Justice or Head-Officer shall appoint pay for the first Offence to the party
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
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
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
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-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
Lease continueth If there be two joynt-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
Grantee and the place wasted recovered If a Lease be made to a Vilain Co. Ibid. 48 E. 3. 19. and VVaste is done and the Lord entereth in this case the Lord shall not be punished for VVaste done before Entry but for VVaste after he shall An Occupant shall be punished Co. ibid. vide Co. 6. l. f. 37. â—e Dean and Chap. de Worc. case l. 1â— f 9. b. Herne's Law of Conv. p. 53. for Waste and so if an Estate be made to A and his Heirs during the Life of B and A dies his Heir shall be punished in Waste If a Lease be made to A for Co. 1 part Inst f. 54. a. 50 E. 3. 3. 4 E. 3. 18. Perkins 619. F. N. B. 58. c. 59. h. 33 E. 3. Wast 144. 11 E. 3. Receit 118. 10 â— 4. 9 Regest 74. Paget Carie's case vouched in Co. 2. lib. in Bingham's ca. f. 92. Co. 5. l. f. 76. Pageâ—'â— case there 35 El. in C. B. Life the Remainder to B for Life the Remainder to C in Fâ—e in this case if A make Waste no Action lieth against him during the Life of B but if B die then an Action of VVaste lies against A for the VVaste done in the Life of B because it was ad exhaereditationem of him in Remainder in Fee and now the impediment which was the mean Estate for Life is taken away And where it is said in some Vide Paget's ca. ubi suprá in Co. 5. l. Herne's Law of Conv. p. 53. Books that he in Remainder or Reversion in Fee shall not have an Action of VVaste it is to be intended during the continuance of the mean Remainder for Life again where it is said in some other Books that an Action of Waste doth lie it is meant after the death of him in Remainder for Life not otherwise therefore nota If a Lease for Life be made â—inch l. 1. â—h 3. p â—0 Co. 1 part Iâ—st f. 5â— â— Vide Herne's Law of Conv. p. 50 53. the Remainder for Years the Remainder in Fee here an Action of VVaste lies presently against the Tenant for Life during the term in Remainder for this mean term for years is no impediment But if a man maketh a Lease for Life or Years and after Co. ubi suprá Vide 4 F. 3. 18. granteth 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 maintain his Action but it is otherwise if he had made a Lease in Reversion which had been but a future Interest for there an Action of VVaste lieth during the term and the term shall be saved in that case If an Action of VVaste be brought and pending the VVrit 11 H. 6. f. 8. F. N B. fo 60.14 H. 8. f. 12. Kitchin f. 246. b. the term end yet the VVrit shall not abate for although the Plaintiff cannot recover the place wasted yet he shall recover the treble Dammages And so where one that holds Co. 1 part Inst f. 285 a. 11 H. 6.43 9 E. 4.50 for term of another's Life makes VVaste and afterwards Cestui que vie dies here the Lessor shall recover Dammages although he cannot recover the place wasted If Tenant for Life or Years or their Assignes make a Grant F. N. B. f. â—0 Kitchin ubi suprá 36 â—l in C. B. â—ooâ—he's case Co. 5. l. â— 77. over and yet take the profits then an Action of VVaste lieth against him by him in Reversion or Remainder by the Statute of 11. H. 6. c. 5. If Waste be done in one Co. 1 part Inst f. 54. a. 2 part Instit fo 304. 4 E. 6. Waste 136. 18 H. 8. 1. 15 H. 7. 11. 8 E. 3. Waste 112. 4 E. 2. 32. 15 E. 3. Waste 108. See Temps E. 1. Wast 122 and 134. Kitchin f. 246. b. Regestum Practicale p. 343. Herne's Law of Conveyances p. 54. Corner of a Wood that onely shall be recovered but if it be sparsim that is here and there in the Wood then the whole Wood shall be recovered or as much wherein the Waste sparsim is done And so in Houses so many Co. 1 part Inst f. 54. a. 8 E. 2. Wast 112. Rooms shall be recovered wherein there is Waste done but if the Waste be done sparsim through all then all shall be recovered If a man make a Lease for Life and by Deed grant that if any Waste be done that it shall be redressed by Neighbours and not by Suit or Plea yet notwithstanding an Action of Waste doth lie for the place wasted cannot be recovered without Plea If a man make Waste in 4 E 6. Wast 136. per Broâ—ley Pasch 1650. in B. R. per Just Jermy n. Vid. Regest pract p. 343. cutting Trees which grow in Hedg-rows which inclose Pasture nothing shall be recovered but Locus vastatus that is the Circuit of the Roots and not the whole Pasture But if the Trees grew sparsim Reg. pract ubi suprá scatteringly about the Pasture then the whole Pasture is forfeited if they be cut It is a good Plea in Bar to a Writ of Waste to say that the 43 E. 6. f. 6. Wast Kitchin f. 247. a. House fell by sudden Tempest although the Termor did covenant to repair it but it is no Plea in a Writ of Covenant It is a good Plea in Waste to say that at the time of the Kitchin ubi suprá 49 E. 3. â— 7. Wast Lease made the House was ruinous and the Timber putrefied and rotten so that it fell for if any of the principal Timber were rotten it is no Waste though he did covenant to repair it See before ch 2. p. 14. It is also a good Plea to say 8 H. 6. f. 27. Wast 8 H. 5. f. 8. Wast mes veies Co. 1 part Inst f. 285. a. that the Plaintiff 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 It is no Plea to say that at 19 H. 6. f. 66. Vide Co. 1 part Inst f. 283. a. Kitchin f. 247. b. the day of the Writ purchased the House was sufficiently repaired but he must say after the Waste committed and before the Writ purchased it was sufficiently repaired and this is a good Plea If the Lessee doth Waste 19 H. 6. 66. 14 H. 6. 14. 11 R. 2. Waste 99. Co. 1 part Inst f. 285. a. and after surrenders and the Lessor agrees yet notwithstanding the Lessor may have an Action of Waste and recover the treble Dammages If an Action of Waste be brought by Baron and Feme in Co. ubi suprá 2 H. 4.22.6 F. 2. Brief 807. Remainder in special Tail and pending the Writ the Wife dieth without Issue now the Writ in
may put him out when he pleases The same Law is if it be at the Will of the Lessor it is intended at the Lessee's Will also for the Lessor cannot force him to stay longer then he pleases Tenant at sufferance is he Co. 1 par Inst f. â—7 b. Brac. lib. 4. f. 318. 21 H. 6. f. 42. Kitchin f. 238. a. 4 E. 3. 35. 24 E. 3.24 F. N. B. 201. D. Plow Com. 138. who comes in by lawful Lease and keepeth possession after his Lease is out and wrongfully holdeth over Finch lib. 2. cap. 3. As Tenant for Life of I. S. who holdeth over after the death of the said I. S. The Lessor cannot have an Coo. ubi suprá Action of Trespass against such Tenant before his Entry into the Premisses CHAP. II. Of the Covenants Conditions Grants Proviso's Reservations Exceptions Surrenders Assignments c. of Leases IF the Lessor Covenant to 38 Eliz. Sir Anthony Mayn's Case Co. 5 par f. 20. Noy's Maximes p. 13. Hughes grand Abr. 1 par p. 487. c. 16. make a new Lease upon Surrender of the old Lease and afterwards he makes a Lease by Fine for more years to a Stranger here the Covenant is broken although the Lessee did not Surrender the which by the words ought to be the first Act for that the Lessor did disable himself either to take the Surrender or make the new Lease If a man make a Lease for Noye's Maximes p. 17. 50. Dr. Stud. lib. 1. ca. 24. Years and the Lessee covenanteth and granteth to pay to the Lessor his Heirs and Assigns yearly during c. 10 pound here if the Lessor die the Executors shall have the Rent arrear If a man covenant and grant 37 H. 8. Bro. â—eases 60. Kit. Court-Leet p. 235. b. to R. A. that he shall have ten Acres of Land in C. for years this is a good Lease for Concessit is of such force as Dimisit If the Lessee covenant for Pasch 25 Eliz. in B. R. Co. 5 par f. 16 17. Spencer's Case M. 29 Eliz. in B. R. Barker and Fleetwell's Case Godbolt's Rep. fo 69 70. Vide Hern's Law of Conv. p. 107 108 109. him and his Assigns to build a Brick-wall or an House upon the Lessor's Land or pay a Collateral Summe of money to the Lessor and after the Lessee assigneth over his Term in this case the Assign shall not be bound by this Covenant because the things were onely Collateral and were not in esse nor parcel of the Demise at the time of the Lease made If there be a Covenant in a 38 Eli. Co. â— par f. 64. Pennant's Case Cowell's Inst p. 193. Dyer f. 51. Lease that if the Rent be behinde for such a time then the Lease to be void here no acceptance of the Rent after such failure will make the Lease good If a man let a House and Trin. 1649. Rot. 348. in B. R. Compton and Allen's Case Styles 162. F. N. B. fo 145. K. Noye's Max. p. 16. 40 E. 3. 5. Finch p. 64. 38 Eliz. Sir Anthony Mayn's Case Co. 5 par l 20. Lands for years and the Lessee covenanteth to uphold the Houses and to leave the Houses and Lands in as good a plight and estate as he found them in this case if the Houses be blown down by Tempest or fired by accident or otherwise destroyed if the Lessee do not repair and build them again and leave them as good as he found them the Lessor may bring an Action of Covenant against him at the end of his term but if he maketh Wast in the cutting of Timber the Lessor may have an Action of Covenant before the end of the Term for that And if the Lessee for years Mich. 44 Eliz. in B. R. Dean and Chapter of Windsor's Ca. Co. 5 par f. 24. Hughes's grand Abr. 1 par p. 492. c. 19. covenant and grant for him and his Executors with the Lessor to repair the Houses as often as need requires and after the Lessee assigns over his term and the Assignee suffers the Houses to decay in this Case an Action of Covenant lies against the Assignee although he be not named in the Covenant If the Lessor covenant with Co. 1 par Inst f. 41. B. Dyer f. 19. the Lessee that he shall have sufficient Hedge-bote by the Assignment of him or his Bailiff here he may not take it without Assignment Quia modus Conventio vincunt Legem If a man take a Lease by Indenture Perkins Tit. Câ—â—ditions 738. M. 1649. B R. Styles prac Regist p. 7â— of a ruinous House or that wanteth Reparations and do Covenant in the Lease to leave the House at the end of the term in good Repair here he is bound to leave it in good Repair whatsoever happen by the Rule aforesaid but if he do not covenant to doe it he is not bound by Law in such case to doe it If a Lease for Years be made Pasc 14 H. 8. 32. Perkins 738. 40 E. 3. 6. Hughes's gr Abridgment p. 499. c. 2. Philips's Principles of Law p. 2. of a Wood by Deed indented and it is there covenanted that the Lessee shall leave the Lessor's Wood in as good plight as it was at the time of the Lease made and during the term the Wood is destroyed by a sudden Tempest in this case the Lessor can have no Action of Covenant against the Lessee for the non-performance of this Covenant for it is not possible for him to perform the same and Lex non cogit Impossibilia 22 H â— See Goldsborough's Reâ— p. 16. in the â—nd If a Lease be made for Years rendring Rent and the Lessee is bound to perform all Covenants and Agreements if he do not pay the Rent the Obligation is forfeited for the paiment of the Rent is an Agreement If a man be bound in an Obligation Dr. Stud. lib. â— cap. 47. to repair the Houses of the Obligee as often as need shall require during such a time and after the Houses need Reparations in this case though the Obligor knoweth not that they need Reparations yet he is bound to take notice at his peril for Ignorance here excuseth not But if the Condition had Dr. Stud. ibid. been to repair such Houses as the Obligee should assign and after he assigneth c. but the Obligor hath no notice of it here the ignorance shall excuse him for the Obligee ought to give him notice but if the Assignment had been appointed to a Stranger there the Obligor must have taken notice at his peril If a Lease for Years be made Lit. 166. 26 H. 8. 3. Finch lib. 2. c. 3. p. 115. with Warranty this sounds not in the nature of a Warranty but of a Covenant because it is but a Chattel and if the Lessee be ousted yet he may have an Action of Covenant If I be seised of 10
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
Cholmley's case Goldsb Rep. p. 186. See Sir Jo. Spencer Sir John Poynes case Tr. 5 Jac. in B. R. Godbok's Rep. 154 Remmington Kingerbies case 18 Car in B. R. in Styles Rep. 4. Sir Rich. Grobham and Thornborough's case Hobart f. 82. to another with Condition that if the Rent be behind for ten daies after any Rent-day that the Lessee the Executors c. shall pay 3s 4d for every day untill the aforesaid Rent so behind shall be satisfied in this case the Rent must be demanded or otherwise the Nomine Poenae shall never be recovered Hobart fo 133. Howel's Case If a Lease be made upon Pennant's case 38 â—l Co. 3. l. 65. Vid. Green's case 18 â—l in B R. Leon. Rep. 262. March Curtie's case 40 El. C. B. roâ— 1302. vouched in Pennant's case Co. 1 par Instit f. 211. b. Pl. Com. fo 133. Hern's Law of Conv. p. 26 94 Condition of Non-payment to re-enter if the Lessor distrain he may not re-enter but he may accept of the Rent and yet re-enter but if he receive the next Rent again then he cannot for that establisheth the Lease Entry into an Acre in the name of all is good enough if the Land lie all in one County If a Lease for Years be rendring 38 â—l in Pennanâ—'s case Co. 3. l. f. 65. see 40 â—l in C. B. Rot. 1302 in March Curtie's case vouched there Hughes's gr Abr. 1 part p. 14. C. 10. Rent with Condition that if the Lessee assign his term the Lessor may re-enter the Lessee assigneth and the Lessor receiveth the Rent of the hands of the Assignee not knowing of the Assignment now notwithstanding the acceptance of the Rent yet the Lessor may re-enter if he please for the receiving the Rent baâ—s him not because he knew not of the Assignment In a Lease for Years if the 28 H 8 Dyer 7. Hughes's gr Ab. 1 par pa. 240. C. 1. Lessee covenant that if he his Executors or Assigns do aliene that then the Lessor shall re-enter and afterwards he makes his Wife Executrix and dies who takes Husband again and he alienes in this case the Lessor may re-enter for the Husband is Assignee in Law A Lease which is onely voidable 21 Car. B. R. Styles Regestum Practicale p. 196. Vide Hanson Norcliff's case Hil. 18 Jâ—c Amphurst Palmer's case P. 19 Jac. Hobart 331. and not absolutely void must be made void by the Lessor's entry but if it be absolutely void there needs no Entry If a man make a Lease for Years yielding to him and his Dr. Stud. l. 1. c 20 p. 35. a. See the Clerk of Assize p. 56. Heirs a Rent upon Condition that if it be behind by the space of 40 daies c. that then it shall be lawful to the Lessor and his Heirs to re-enter the Rent is behind 40 daies c. and is demanded by the Lessor as it ought by Law and is not paid and now the Lessor dieth in this case his Heir may enter for a Title of Entry descends But if the Lessor had died after Dr. Stud. l. 1. c. 20. p. 35. a. Cl. of Assize p. 57. the Feast-day and before the 40th day and the Heir there makes a Demand at the 40th day in this case he may not enter for non-payment ideo nota If a Lease be made to A and Tooker's case 43 El. Co. 2. l. f. 39. B for their Lives and after the Lessor grants the Reversion to C for his Life to which Grant A attorns and after by his Deed surrenders to C all his Interest and Estate and dies in this case C may enter and hold in common with B. If a Lease be made to A for Life and after the Death of B Vide M. 2â—â— 3. 87. Tr. 1 H. â— 31. Perkins 52. And see â—9 â—l in Boraston's case Co. 3 lib. f. 19. 32 H. 6. Tit. Feoffment Faits 99. Co. on â—â— f. 378. a. See the Clerk of Assize p. 60. Herne's Law of Conv. p. 8 Kitchin f. 155. a. the Remainder to another in Fee in this case if A die living B the Remainder is void and so if a Lease be made to R for Life the Remainder to the right Heirs of IS this is good if R outlive IS otherwise it is void If a Lease be made to A for 9 El. Dyer 254. see Pl. Com. 190. Trin. 8 Eliz. Cecil's case Dyer 253. 41 years if he live so long and if he die within the aforesaid Term that then the Wife of the aforesaid A shall have it for the residue of the said years this Limitation is void for if A die the Term ends and the Wife shall have nothing If a man have an House for 40 years and devise the House Pasch 14 El. Dyer 307. to IS without limiting any Estate the Devisee shall then have the intire Term for he may not have for Life nor at Will nor for lesser Term of years But if a man have a Term of 30 years and grants so many of Br. Leases 66. see the Rector of Cheddington's case 40 El. Co. 1. l. f. 153. them as shall be behind at his death this is void for the incertainty for he may live till all be out and then nothing remains If a man let all his Meadow See Dyer f. 80. in the questions there for the L. Willoughby in D containing 10 Acres in this case if there be 20 Acres all pass There needs no Livery and Litt. l. 1. c. 7. Vide Herne's Law of Conv. p. 35. Seisin upon a Lease for Years but the Lessee may enter when he will and if there be Livery and Seisin upon such a Lease to have according to the effect thereof this Livery is void and the Lessee shall but have an Estate for Years A man makes a Lease for Years and after makes a Deed Co. 1 part Inst f. 48. b. See Bettisworâ—h's case 33 â—l in C. B Co. â— l. f. 31. see Herne's Law of Conv. ubi suprá p. 3â— of Feoffment and delivers Seisin the Lessee being upon part of the premisses and not knowing nor assenting to it this Livery is void for though the Lessor hath the Free-hold and Inheritance in him yet the possession is in the Lessee and Livery must be given of the possession but if the Lessee be absent and hath neither Wife nor Servants though he have Cattel upon the ground then the Livery shall be good If a man let Lands or Tenements Lit. l. 1. c. 7. Vide Philipps â—r of Law p. 94. by Deed or without deed for Term of Years the Remainder over to another for Life in Tail or in Fee in this case Livery of Seisin must be given by the Lessor to the Lessee for Years otherwise nothing passeth to them in Remainder the Reasons you have before in this Chapter
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
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
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