the Lessee before the ten years expired but after the expiration of the ten years if the Lessee doth continue the possession of the same Land and doth occupy the same by vertue of the Indenture then he hath Fee and shall pay the twenty pound as a Rent âeck But if a man seized in Lands doth Co. 1. par Inst f. 218. b. âet the same Land by Lease for term of life yeelding to him a Rose for the first six years and if he will âold the Land over the six years then âhen to pay three marks per annmm Here the free-hold is immediately in âe Lessee A man makes a Lease for years Perkins 729 730. âith this condition that if the Lessor âo aliene the Reversion within the ãâã granted by the Lease then the âessee shall have the Fee and the âessor doth aliene the Reversion in ãâã by fine to a stranger In this ãâã the Lessee shall not have the Fee ãâã the Free-hold and the Fee are ââwfully in the Conuzee before the ââssee can take it by condition but the Lessor had granted the Lands a stranger by Deed only then the ââssee should have had Fee by the âândition If a man have a Lease for years and Perkins 833. demise or grant the same upon condition and dye his Executors or Administrators shall enter for the condition broken for they are privy in right and represent the person of the dead If a man make a Lease for years Lit. lib 3. C. 8. upon a condition that the Rent shall be paid at Christmas and before that time come the Lessor give a general Release to the Lessee of all Actions and Demands this Release doth not acquit the Lessee of the Rent but the Lessor may sue for it because it was neither due nor to be paid at the time of the Releasâ made and it is a thing not meerly iâ Action because it may be granteâ over If a Landlord lets a Lease foâ Dyer f. 67. years to two Tenants to hold Joynâly with a condition that if the Leâsees dye before the end of the terâ the Lease shall be void Now the Lessees makes division and one them aliens his part and dyes this case the Lessor cannot enter uâ on the part of him that dyed bâ the Alienee shall enjoy his half ãâã during the life of the Surviving Lessee A Lease made for years upon condition that if the Lessee demise the premises or any part thereof other than for a year to any person or persons then the Lessor and his Heirs to re-enter the Lessee afterwards devises this Lease to his Son by his Will this is a breach of the condition If a man of his meer motion give Dr. St. lib. 3. cap. 20. fol. 93. Lands to H. H. and to his Heirs by indenture upon condition that he shall yearly at a certain day pay unto John at Style out of the same Land â certain Rent and if he do not pay âhe Rent that then it shall be lawful âo John at Style to enter and if the Rent in this case be not paid to John at Style the said I. S. may not enâer into the Lands by the Law though the words of the Indenture ãâã that he shall enter for there is an âncient Maxim in the Law that no man shall take advantage in a condition but he that is party or privy to the condition and this man is not âarty nor privy and therefore he âhall take no advantage of it In many cases the intent of the Dr. S. 20. C. f. 93. party is void to all intents if it be not grounded according to the Law As if a man make a Lease to another for term of life and after oâ his meer motion he confirmeth hiâ Estate for term of life to remain after his death to another and to hiâ Heirs In this case that remainder is void in Law for by the Laâ there can no Remainder depenâ upon any Estate but that thâ same Estate beginneth at the samâ time that the remainder doth anâ in this case the Estate began beforâ and the confirmation enlarged nââ his Estate nor gave him any new Estate But if a Lease be made to man for the term of another maâ life and after the Lessor only of ãâã meer motion confirmeth the ãâã to the Lessee for term of his ãâã life the Remainder over in Feâ this is a good Remainder over Fee No grant can be made but Dr. St. lib. 2 C. ââ p. 94. him that is party to the Deed exceââ it be by way of remainder Aââ therefore if a man make a Lease for ãâã of life and afterwards the ââssor grant to a stranger that the âenant for term of life shall have âe Land to him and Heirs that ãâã is void if it be made only ãâã his meer motion without recomâânce Likewise if a man make a Lease for Ibid. ãâã of life and after grant the Reâârsion to one for term of life the âemainder over in Fee and the Teâânt Attorneth to him that hath the state for term of life only intendââg that he only should have advanââge of the grant his intent is ãâã and both shall take advantage ââereof and the Attornment shall ãâã taken good according to the ãâã If a Tenant for the term of anoââer Co. â par Inst fol. 41. mans life dye living the other ãâã he that doth first enter upon the state after his death shall be Teâânt for the other mans life and shall ãâã liable to the payment of the Rent ââserved If a Tenant hath a Lease for twenty Perkins 693. ãâã of Lands and Tenements and ãâã the same Lands for part of his term to a stranger reserving ãâã himself forty shillings Rent In thâ case he may distreyn for the Rent râserved or have an Action of Deââ at his pleasure because by commoâ Intendment he is to have the saââ Land after the years determined because he hath granted but parcel ãâã the years so that the Remainder râmains in him If Rent be granted to a man ãâã Idem 108. may grant it away to another befoââ he be seized thereof If a man and his wife be ejected Co. 1. par Iust fol. 46 a term in the right of his wise aââ the husband bring an Ejectione ãâã in his own name and do recover ãâã dye In this case his Executors ãâã have it and not the wife because ãâã Recovery in his own name did ãâã the term in himself If a man be possest of a term Cook ibid. forty years in right of his wife ãâã make a Lease for twenty years reseâving Rent and dye here the Exâcutors of the husband shall have ãâã Rent for that term but the wiââ shall have the remainder of the terâ when the twenty years is out but he had granted the whole terâ ãâã could have had nothing â release made to a tenant for term Id. 1.
to distreyn for Co. 1. par Inst f. 161. Rent and see the Cattel and the Lessee or his Servants drive them out of his Fee he cannot have a Writ of Rescous because the Cattel were not in his possession but he may follow after them and distreyn them in another mans ground it being for Rent but not for damage feasant for they must be taken damage feasant that is doing damages If a man distreyn goods and declare Claytons Rep. p. 64. pl. 111. not the cause or reason wherefore he doth it if they be put in â House the owner may break the House and take them out Or if a man distreyn goods without cause the owner may rescuâ them but if they be pounded bâ cannot break the pound and takâ them out because they are then iâ the custody of the Law But if he find the pound-door unlockt he may take them out Although there be a general prohibition in the Laws of England thaâ it shall not be lawful for any man to enter upon the Free-hold or Possession of another without permission and Authority of the owner or of the Law yet this is not without exception For if a man drive Beasts along Dr. St. l. 1. c. 16. the High-way and the Beasts run into any Mans Corn or Grasse and he that driveth them goeth after them into the Grounds to fetch them out he may justifie that entry into the Grounds to fetch them out If a man make a Feoffment and Dr. S. l. 2. c. â that in Fee by Indenture reserving a Rent he cannot distreyn for that Rent unless a distress be expresly reserved And if the Feoffment be made without an Indenture reserving Rent that reservation is void in the Law And the like Law is where a gift in Tail or a Lease for term of life is made the remainder over in Fee reserving a Rent that reservation is void in the Law Also if a man seized of Land for Ibid. term of life granteth away his whole Estate reserving a Rent that reservation is void in the Law without it be by Indenture and if it be by Indenture he shall not distreyn for the Rent without a clause of distress be reserved Also for Amerciaments in a Leet Ibid. the Lord may distreyn although it be in the High-way but for Amerciaments in a Court-Baron he cannoâ distreyn neither can he distreyn foâ an Amerciament in the Leet in place seized into the Kings hands foâ the Kings Debt Also if a man make a Lease at Michaelmas Ibid. for a year reserving a Reââ payable at the Feasts of the Annunciation of our Lady and St Michaââ the Arch-Angel in this case he maâ distreyn for the Rent due at our Lady-day but not for the Rent due a Michaelmas because the time is expired But if a man make a Lease at thâ Feast of Christmas for to endure to the Feast of Christmas next following viz. for a year reserving a Renâ at the aforesaid Feasts of our Lady-day and Michaelmas In this case he shall distreyn for both the Rents as long as the term continues that is to say till the aforesaid Feast of Christmas And if a man have Lands for Dr. St. ibid. term of life of J. N. and makes a Lease for terms of years reserving a Rent the Rent is behind and J. N. dyeth there he shall not distreyn because his reversion is determined And if a Town or Parish be Amerced and the Neighbours by Assent Assesse a certain Sum upon every Inhabitant And agree that if it be not paid by such a day that certain persons thereunto assign'd shall distreyn in this case the distress is lawful If there be Lord and Tenant and Ibid. if the Tenant do hold of the Lord by Fealty and Rent and the Lord doth grant away the Fealty and reserve the Rent and the Tenant Attorneth In this case he that was Lord may not distreyn for the Rent for it is become a Rent-Seck But if a man make a Gift in Tail to another reserving Fealty and certain Rent and after that he granteth away the Fealty reserving the Rent and the Reversion to himself in this case he shall distreyn for the Rent for the grant of the Fealty is void for the Fealty cannot be severed from the reversion Also for Heriot-service the Lord Dr. St. ibid. f. 75. may distreyn but for Heriot-custome he cannot distreyn but may Seize Also if a Rent be assigned to make a partition or assignment of Dower Egal he or she to whom that Rent is assigned may distreyn And in all these cases aforesaid where a man may distreyn he may not distreyn in the night but for damage feasant that is where he finds Beasts doing hurt in his ground he may distreyn them night or day when he finds them but for Waste Reparations Accompts or for Debts upon Contracts or such like no man can lawfully distreyn CHAP. V. Of Rescous in what cases it may be Lawful of Replevins how they are to be sued out and of Avowries to Declarations upon Replevins THe word or term Rescous is Cook 1. par Inst 160. derived from an old Norman verb Rescourrer which is in the Latine recuperare that is to take from to get again or recover So that Rescue is as much as to say to recover or get again what another hath taken away And in the sense of the Law Rescous is a taking away and setting again at Liberty goods distreyned or the body of a Person Arrested and in an Officers custody by vertue of legal process Such kinds of Rescous as appertain unto our present subject are of distresses taken in what cases it may be justifiable to Rescue Goods or Cattel distreyned and whe ãâ¦ã not If a Landlord distreyn when the ãâ¦ã Co. l. 4. f. 11. is no Rent due the Tenant may ma ãâ¦ã a Rescue and hinder that distress In like manner if a Landlord com ãâ¦ã 1. Par. inst f. 160. to distreyn and the Tenant tend ãâ¦ã his Rent unto him and the Lor ãâ¦ã will distreyn notwithstanding i ãâ¦ã this case the Tenant may make Rescous If Rent be in Arrear and the Lorâ Cook ibid Magna Charta f. 25. distreyn the Tenants Cattel in thâ High-way wtthin his Fee here alsâ the Tenant may Rescue them for nâ man man distreyn in the High-way but the King and his Officers by special Authority In like manner if a Landlord distreyn Ibid. f. 122. Averia caracae goods of thâ Plough where there is a sufficient distress to be taken besides or if the Lord distreyn any thing Bastal âit distress 10. that is not distreynable by common Law or Statute in this case it iâ lawful for the Tenant to make Rescue But if a Lord come to distreyn Hâghs grâabr abr 1. paât p. 117. C 21 Cattel which he seeth within his Fee and the Tenant or any others to prevent
him But against a Tenant in Mortgage Noy Max. p. 33. either an action of Wast or an accompt will lye against him because his estate is conditional If two or more Joynt-Tenants or Tenants in common be in a house and one will repair the house and the other will not in that case he that will repair it may have a writ de Reparatione faciend If a Landlord covenant to repair the house and doth it not in this case the Lessee may cut timber growing upon the ground and repair it though he be not compellable thereunto and shall not be punishable in Wast for so doing No man can have an action of Cook 1. part Inst p. 53 wast unless he have the immediate estate of inheritance but somtime another shall joyn with him As if a Reversion be granted to two and the Heirs of the one they two shall joyn in an action of wast In like manner the Surviving Copartners and the Tenant by the courtesie shall joyn in an action of waste If a Tenant for years commit Waste and dye no action of Waste lyeth against his Executors or Administrators for waste done before their time If there be two Copartners of a âitchin s 214. Reversion and one of them dye the Aunt and Neece shall joyn in an Action of waste If a Tenant for life commit waste and after surrender his estate and the Lessor accepts it the Lessee is then discharged of the waste If a stranger commit Waste upon the lands which one holdeth for life or years the Tenant shall suffer for it and is left to take his remedy over against he that did it If a Landlord covenant to deliver timber out of the same land to repair the house let and will not deliver it and for defect thereof the Tenant will not repair it but suffers the house to fall down this is waste in the Tenant and he is punishable for it But if the timber be to be taken out of other lands and be not delivered then the Tenant is excusable if he suffer the house to fall and no action of waste lies against him If a single woman Rent lands and Idem marryes and her husband commits waste and dyes she shall be punished for this waste done by her husband But if a Lease be made to a man and his wife and the husband commits waste and dyes in this case the wife shall not be punished for such waste unless she agree to the estate If a woman be Tenant for her life Cook 1. paââ Iâst 54. and marries and her husband commit waste and the wife dyeth the man is not punishable for this waste but if a woman be possessed of a term of years and takes a husband who commits waste and the wife dyes here the man is liable to an action of waste for the waste by him committed because he enjoyeth the term of the Lease If a man make a Lease for life or years and after grants the Reversion for years the Lessor shall have no action of waste during the years for he himself hath granted away the Reversion in respect whereof he is to mainteyn his action If an action of waste be brought and the Term end while it is depending yet the writ shall not abate for although the Plaintiffe cannot recover the place wasted yet he shall recover the treble damages Likewise if one be Tenant for Co. 1. part Inst f. 285. term of anothers life and makes waste and afterwards the Cestui que vie dyes here the Lessor shall recover treble damages but cannot recover the place wasted for that falls to him by the death of the Cestui que vie It waste be done in one corner of Cook 1 part Inst s 54. a Wood that place only which is wasted shall be recovered but if it be done here and there about the wood then the whole wood shall be recovered or as much wherein the waste sparsim is done And so in Houses so many Rooms Idem shall be recovered wherein there is waste done If a man make waste in cutting Regâst pract p. 343. trees which grow in hedge-rowes which inclose pastures nothing shall be recovered but the place wasted that is the circuit of the roots and not the whole pasture but if trees grow scatteringly about the pasture then the whole pasture is forseited if they be cut It is good plea in bar to a writ of Waste to say that the house fell by a sudden tempest although the Tenant did covenant to repair it but it is no plea in an action of covenant It is also a good plea in a writ of Waste to say that the house was Ruinous at the time of the Lease making and the Timber so putrified and Rotten that it fell It also a good plea to say that the Plaintiffe hath entred upon the Land before which entry no waste was made or that he Surrendred and the Plaintiff did accept before which time no Waste was made If a Tenant doth waste and afterward Cook 1 part Inst f. 285. Surrenders and the Lessor agrees yet the Lessor may have an action of waste and recover treble damages If an action of waste be brought by husband and wife in remainder in special tail and the wife dyeth the suit depending without issue in this case the writ of waste shall abate If a Lease be made to hold to one Idem f. 220. without any impeachment of waste then the Tenant may cut down trees and convert them to his own use but if the words be to hold without impeachment for any action of wasteâ in this case if the Lessee cut down trees the Lessor shall have them If a Tenant for life grant a rent-charge Cook 1. part Inst 233. 234. and after doth waste and the Lessor recover in an action of waste he shall hold the land charged during the life of the Tenant for life but if the rent were granted after the waste done the Lessor shall then avoid the grant made by the Lessee for life If a Tenant in Fee release to his Idem f. 345. Tenant for life all his right yet he shall have an action of waste And if a Tenant in Tail make a Lease for his own life yet he shall have an action of waste But if there be a Tenant for life the remainder to another in Tail and he in the remainder release to the Tenant for life all his right and State in the land he cannot afterwards have an action for waste If the Grantee of a Reversion bring an action of waste the Lessee may plead generally that he hath nothing in the reversion If a Lessee before his term begin enter into the lands let to him and do an act which amounteth unto waste the Lessor shall not have an action or waste for the same None shall have judgement to recover in an action of waste where the waste comes but to 12
he shall have half while he remains sole but if he marry again he looseth all And in Kent they say the reason thereof is because they do not love that their Lands should help to maintain any Children but such as are of their own getting but how sure they are hereof Ignoramus Tenant for Life He that holdeth Lands or Tenements for the term of his own Life or for term of the Life of any other person In this case the Lessee either for term of his own Life or for anothers is Tenant for term of Life And this Tenant for Life hath in him the Freehold this being the lowest degree of Freehold In a grant for term of Life it is Lessor and Lessee said to be from Lessor to Lessee Note there is Feoffer and Feaffee Donor and Donee Lessor and Lessee so there is likewise Grantor and Grantee Obligor and Obligee Mortgagor and Mortgagee Feoffer and ãâã He that enfeoffeth another in Lands or Tenements is called the Feoffer he to whom the feoffment is made is the Feoffee So when a man giveth Lands or Donor Donec Tenements to another in tail he is called the Donor and he to whom the gift is made is the Donee And likewise he that letteth to another Grantor and Grantee any Lands or Tenements to hold for term of Life for Years or at Will is called the Lessor and he to whom the Lease is made is called Lessee which Lessee for Life as I said before is tenant of Freehold So also he that pawneth Lands to another Mortgagor and Mortgagee is called Mortgagor and he to whom it is pawned is called the Mortgagee Tenant for Years Tenant for term of Years is when Tenant for years a man demiseth and letteth any lands or tenements to another to hold for a certain number of years agreed upon between the Lessor and the Lessee by force and vertue of which Lease the Lessee entreth into the said tenements This Lease for term of years may be granted by word of mouth and this is called a Lease parol which shall bind the Lessor so long as the term is accorded for if the Witnesses live to prove the Lease Parol But the more safe and usual way is to take a Lease by Deed indented which needs no other Execution but only sealing and delivered For by vertue of that Lease the tenant may enter whensoever he will But a Lease for term of Life must Livery Seizin in Lease for Life be executed by Livery and Seisin because the freehold passeth with that Lease which it cannot do without Livery and Seizin This was the Case of Allen and Waller at the Lent-Assizes at Maidstone 1654. Waller brought an Ejectione firme against Allen the Defendant proved a Lease Parol at a certain rent during his Life which last word of the Defendants witness gave the verdict against him because none can be tenant for Life without Livery and Seizin Also if a man make a Lease to one for Years the remainder to another for Life or in tail or in Fee here the Lessor ought to make Livery and Seizin to the Lessee for Years or else nothing shall pass to him in remainder though the Lessee enter and enjoy his term of Years but the Free-hold and the Reversion remaines in the Lessor But if the Lessor makes Livery and Seizin to the Lessee then the Freehold passes over to them in the Reversion according to the grant Likewise if a man make a Lease of Lease for Years takes right after the delivery Lands or tenements to another for term of Years and the Lessor dye before the Lessee enter into the tenements nevertheless he may enter notwithstanding the death of the Lessor because the Lessee hath right to the tenements by vertue of his Lease immediately after the sealing and delivery of it Tenant at Will When a man demises Lands to another Tenant at Will to hold to the Lessee at the will of the Lessor and by vertue of this Lease the Lessee is in possession here the Lessee is tenant at Will and hath no certain Estate in the tenements he holdeth but the Lessor may eject him when he pleases But if the Lessee sow the Land and the Lessor eject him out afterwards He that sows shall Reap if Tenant at Will before the Corn be ripe the Lesseâ shall nevertheless have his Crop and shall have free Egress and Regress to cut and carry it away because he knew not when the Lessor would enter upon him But if a tenant for years sow his Land so near the end of his term that his Lease expire before the Corn be ripe he shall not come to reap it but the Lessor or other who hath the Reversion shall have the Crop because the Lessee knew certainly the end and determination of his term and Lease In like manner if a house be let to Not so in Tenants for years a man to hold at Will and the Lessee enters the House and bringeth in thither his Goods and Houshold-stuff and afterwards the Lessor ejects him out here he shall have liberty of egress and regress to fetch away his Houshould-stuff Also if one seized in Fee-Simple Fee-tail or for term of Life in an House and hath Goods in that House and makes his Will appointing his Executors and dies now to whosoever the house descends the Executors shall have liberty in some reasonable time to enter and carry away the goods And if a man by Deed of Feoffment grants certain Lands to another and delivers him the Deed but executes it not by Livery and Seizin the Feoffee in this case may enter that Land and hold it at the will of the Feoffer but the Feoffer may eject him out again when he will If a man dwell in a House as tenant Tenant at Wâll not bound to repaiâs at will he is not bound to repair the said house as a tenant for term of years is bound to do But if a tenant at will shall commit voluntary wast as to pull down Houses and Cut Grub Fell or destroy Trees the Lessor may bring his Action of trespass against him for so doing and the Lessor upon a Lease at Will if he hath reserved a yearly rent may either distreyne or bring an Action of debt for the same if it be in Arreare which he pleases Tenant by Coppy of Court-Roll Tenant by Coppy of Court-Roll This is a very ancient tenure and depends only upon custome and there are so many and various kinds of customes in Coppy-holds in several Mannors and Countries that it would take up a large Volumn to discourse of them all which is not now our present Intention but we shall refer that Subject to a further opportunity and here shortly in general terms set forth the nature of a tenant by Coppy of Court-Roll In a Mannor wherein there is a Custome and hath been so used time out of mind
parts Tenants in Common Such as have Lands and Tenements Tenânts in Common by several title and not joynt title and none of them knoweth what is several to him whether it be in Fee-Simple Fee-Tail or for term of life these are said to be tenants in Common because they ought by the Law to hold enjoy and occupy such Lands and Tenements in common and undivided and to take the profits in common and do come to the same Lands and Tenements by several titles and not by one joynt title If a man enfeoff two Joynt-tenants in Fee and one of them Aliens his part to another in Fee this Alienee and the other Joynt-tenant be Tenants in common because they now stand seized by several titles the one Joynt-tenant by vertue of the first Feoffment made to him and the other Joynt-tenant and the Alien be comes seized in his moyety by vertue of the Feoffment of the other Joynt-tenant so that the several Feoffments make their titles several whereby they become Tenants in common If there be three Joynt-tenants and one of them aliens his part to another person in Fee here the Alience is Tenant in Common with the other two Joynt-tenants and of the other two parts the two Joynt-tenants be seized joyntly and the Survivour of them shall have the whole of those two parts by vertue of Survivourship If there be two Joynt-tenants in Fee and one of them gives his part to another in tail here the Donce and the other Joynt-tenant become tenants in Common Also if Lands be given to two men and to the Heirs of their two bodies in this case these Doneeâ have a joynt-Joynt-Estate during their lives and if both of them havâ issue and dye both their issue shall hold the Land as Tenants in Common If Lands be given to two men and their Heirs to hold to eacâ a moyety these are Tenants in Common If a man being seized in certain Lands doth enfe off another in thâ half of it without limiting of the samâ half in severalty at the time of the Feoffment made that is do not distinguish that half from the other by particular bounds and limits In thiâ case the Feoffer and the Feoffee shalâ hold their parts of those Lands in Common And as it is amongst Tenants in Difference between Tenants for Life and in Common Common in Lands or Tnements in Fee-Simple or Fee-Tail in the same nature it is also between tenants for term of life as if there be two Joynt-tenants seiz'd in Fee and one of them lets to a man his part for term of his life and the other Joynt-tenant lets to another man his part for term of life these two Lessees be tenants in Common for the term of their lives Likewise if a man lets Lands unto two persons for the term of their âives and the one of them grants all âis Estate of the part belonging unto him unto a third person then this third person to whom this grant is made and the other Tenant for term of life be both tenants in Common during the lives of both the Lessees If there be three Joynt-tenants and one of them releaseth all his right which he hath in the Land by his Deed to one of his fellows then he to whom the release is made hath the third part of the Lands by vertue of that release and shall hold that third part with himself and his fellow in Common and they two shall hold the other two parts joyntly Also if a joynt-estate be made unto a man and his wife and to a third person and that third person releaseth his right which he hath in that estate to the Husband then the Husband hath the third persons moyety and the wife hath nothing therein at all And if such third person releaâ his right in his moyety to the wise not naming her Husband in the release then the Wife hath the thirâ persons moyety and the Husband hath nothing at all in it but only Jure uxoris in the right of hiâ Wife because the release shall worâ to invest the Estate in the person to whom the release is made of all that appertained to him that made such release There may be also Tenants in Common ãâã in Câmmânly Pââscription by title of Prescription that is when two have holden Lands in Common undivided the one one half from his Ancestors and the other the other the other half from his Ancestors or from whom the Estate is derived unto them undivided time whereof the memory of man hath not known the contrary these are Tenants in Common by title of prescription Now these Tenants in Common ought in some cases to have for the maintenance of their possession several Actiââs And in some cases they ââall all joyn in one Action for if their be two Tenants in Common and they be disseized they two cannot bring against the disseizor one Assize in both their names but they must have against him two Assizes for every of them ought to have an Assize of his half because the Tenants in Common are seized by several titles But amongst Joynt-tenants it is otherwise for if their be never so many of them and they be disseized they shall have but one Assize in all their names because they have all but one joynt-title There is likewise a difference in Tenants by divers Descents suing real Actions between Partners that be in divers descents and Tenants in Common For if a man who is seized in Lands in Fee dieth leaving only two Daughters his Coheirs and these two Daughters enter and have each of them a Son and dye without making any partition between them so that the Lands descend equally to their two Sons the one moyety to one of them and the other unto the other and they enter and enjoy the same in Common and be disseized they shall not in this case bring two Assizes but one Assize in both their names for though they came in by divers discents yet they be Parceners and a writ de Participatione facienda lyeth between them Nevertheless they be not Parceners by reason of the seizin and possession which they have from their Mothers but in respect to their Estate which descended to their Mothers from their Grand-father And so in respect and consideration of their first descent that was to their Mothers they have a title in Parcenery which maketh them Parceners and they be but as one Heir to their common Ancestor their Grandfather from whom the Land descended to their Mothers And therefore before partition made between them they should have but one Assize though they came in by several discents And likewise in personal Actions in Trespass and such like cases which concern their Tenements in Common the Tenants in Common ought to bring such personal Actions joyntly in all their names as for breaking their Houses Closes or Pastures wasting treading down or otherwise spoiling their Grass cutting or felling of their
Satisfactory against the ââeir Hare and Savills case M. Jac in com B. Brownl Râp 2. part 273. If a Tenant for years be to pay his Noâs Max. p. 80. ãâã at Michaelmas and to perform ãâã Covenants and if he be bound any Obligation to pay his Rent ââecisely at the day he must in this ãâã seek out his Landlord to pay ãâã but if his Obligation be only perform the Covenants in the ãâã he may then tender his Rent ãâã the Land if no other place be ãâã agreement appointed for the payâent thereof and it is sufficient for ãâã payment is of the nature of the Rent on a Lease for years he shall never ãâã void it for it was but voidable ãâã and his acceptance hath now coâfirmed it If a man have Lands in the ãâã Acceptance of his Wife and he and his ãâã let these Lands for years reserviââ a Rent and afterwards the ãâã band dyes and she before any dayââ payment takes another Husbaââ who accepts the Rent and dyes ãâã this acceptance the Lease is affâmed In like manner if a man and ãâã Wife let the Lands of his Wife ãâã years rendring Rent and the Huâband dyes if the Wife accept ãâã Rent it is a good Lease Terms of ãâã Law Acceptance But if a Tenant for life Lease lanâ for years and dyes the Lease is voiâ and the Rent which is reserved upââ the Lease is determined And ãâã though he in remainder do accept ãâã Rent yet his acceptanre will not ãâã it good for when it is once void ãâã death no acceptance after will ãâã it good So likewise if a Tenant in Dowâ lease for years and dye the Leasâ void and acceptance of the Rent by ãâã Heir will not make it good ãâã A Lease for years may be confirââd Noys Max. p. 78. for a time or upon condition or ãâã a piece of the land but if it be a âank-Tenement it shall enure to ãâã whole absolutely Observe this difference between Lease for life and a Lease for ãâã in case of a Lease for life ââough the conclusion of the condiâân be that it shall be void yet acâtance of the Rent due after the ãâã doth affirm it and make it ãâã again Pennants case 38. Eliz. 3. l. If a Parson let a Lease for years Cook Inst f. 300. âhis Glebe-land if it be conââed by Patron and Ordinary shall bind the Successor or else ãâã If a Lease be made to a man for Dr. St. 2. l 20. chap. f. 93. term of another mans life and âârwards the Lessor only of his ãâã Motion confirmeth the Land ââis Lessee for term of his own ãâã the Remainder over in Fee ãâã is a good Remainder in the If a man let Lands for life oâ Hern. l. Conv. p. 118. years reserving Rent and do entââ into any part thereof and take iâ profit the whole Rent is therebâ extinguished and shall be suspend during his holding thereof Leonar Rep. 110. Goddards case ãâã 34. Eliz. com Banc. Owens Rep. ãâã 10. If the Tenant come to the Larââlord Co. 1. par Inst f. 202. at any place upon the ground the day of payment and tender Rent to the Landlord it is good nough and shall save the conditioâ and the Landlord is bound to ceive it although it were not at ãâã most notorious place nor last instâââ of the day for he may tender Rent at any time of the day althou the last instant be the legal time payment But observe by the way tha tender of Rent must be of the whâ Rent without deduction of Taxes Assessments or any other chargâ for stoppage is no payment in Law Tr. 23. Car. in B. R. Reg Co. 1. par Inst f. 202. pract p. 327. If a man let Land by Lease years to another reserving the ãâã the Land to be paid at Michaelââs and our Lady-day or within âeen dayes after and for default of ââyment to re-enter In this case it sufficient and lawful for the Tent to tender his Rent the last day if the money ãâã be told in that time before it dark and so it is sufficient for Landlord to demand it the same âur If a Lease be made with this ãâã 1. Par. Inst p. 211. That in case of non-payment Landlord to re-enter here if Landlord distreyn he may not enter but he may accept of the ânt and yet re-enter but if he do ãâã the next Rent again then he not re-enter for that establisheth Lease Entry into an acre of land he name of the whole is a good ãâã if the Land do all lye in one ãâã ân a Lease for years if the Lessee enant that if he or his Executors Assigns do alien that then the ãâã shall re-enter and afterwards makes his Wife Executrix and ãâã and the Widdow marries ãâã and her second Husband aliens In this case the Lessor may re-enter because the second husband is Assignee in the Law If a man make a Lease for term oâ Dr. St. l. 1. c. 20. f. 35. years yeelding to him and to hââ Heirs a certain Rent upon condition that if the Rent be behind anâ unpaid by the space of forty dayââ after any of the dayes of payment that then it shall be lawful to thâ Lessor and his Heirs to re-enter And after the Rent is behind fortâ dayes and is demanded by the Lessor and is not paid the Lessor dyetâ and his Heir enters In this case hââ entry is lawful but if the Lessor haâ dyed after the Feast-day and beforâ the fortieth day so that he had noâ demanded the Rent and his Heiâ had demanded the Rent at the fortieth day and for non-payment he re-enters in this case his re-entry ãâã not lawful If a Lease be made to H. for onâ Dyer 254. and forty years if he live so long anâ if he dye within the aforesaid terâ that then the Wife of the aforesai H. shall have it for the residue oâ the said years this limitation is voiâ for if H. dye the term ends and hâ Wife shall have nothing in it If a man let all his Meadow in D. Dâer s 80. containing ten Acres if there be âwenty Acres of it all passes in this case If a man make a Lease for years 1. part Inst s 48. and afterwards make a Deed of Feoffment and delivers Seizin If the Lessee be upon part of the premises and neither know nor assent to it yet the Livery is void for though the Lessor hath the Freehold 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 Children nor Servants though he have Cattel upon the ground the Livery shall be good If a Lease be made to hold from Daâes the day of the making or from the day of the date or from the date the Lease shall begin the day after
down in the first Chapter under the Title of Tenant at Will sor if a Tenant at Will Sowe his Land and the Landlord put him out before the Corn be ripe he shall have liberty to Reap and carry away his Corn because he knew not when his Landlord would put him out But it is contrary with a Tenant who hath a Lease for years for if his Lease be out before the Corn be ripe his Landlord shall have it because he knew the end of his Lease wherefore if he Sowed it is in his own wrong unless there be a Covenant in his Lease between the Lessor and him that he shall have his way-going Crop But if a Tenant at Will set Roots or Sowe Hemp or Flax or any thing that brings in any yearly profit if after the planting the Lessor out him or if the Lessor dye yet the Tenant or his Executors shall have the Crop But it is otherwise if he plant young Fruit-Trees or other young Trees as Oaks Ashes or Elmes or Sow the ground with Acorns In this case if the Lessor out him he shall have none of these because these yeeld no yearly profit at present If a Tenant for life Soweth the ground and dye before the Crop be ripe his Executors shall have it and so they shall have Grass if it be cut but if it be unmown they shall not have it for that is part of the Inheritance till it be severed Every Tenant that hath an Estate incertain shall have the corn sown by him though he be outed before it be ripe If a man be seized in Lan Jure See my Consultam pacis p. 83. uxoris and Sow this Land and dye before the Corn be ripe his Executors shall have the Crop but if they be Joynt-tenants of Lands and the Husband soweth the ground and dyeth the Wife shall then have the Crop But if a Woman who holds Land Hern. l. of con p. 239. Durante viduitate sua while she continues her Widdow-hood and Sows the ground and marries a Husband before the Corn be ripe here the Lessor shall have the Corn because her Estate ends by her own act If a man lets a Lease of his Wifes Noys Max. p. 70. Land she not joyning with him this Lease is void after his death but if the Lessee have Sown the Land he shall reap the Crop Cowel Inst p. 142. A Tenant holds by Lease and the Land is recovered against the Landlord by a title Paramount in this âase if the Tenant have Sown the Land he that hath recovered it shall have the Crop if it be not reaped before Judgment There is three kinds of Estovers in Estovers or Boote the Law which is incident to the estate of every Tenant whether it be for life or years House-boote of which is two kinds the one to repair the Houses the other to burn which is called Fireboote Then there is Estovers called Plough-boote that is stuffe to mend the Tenants Ploughs Carts Harrows Wayns and making Rakes and Forks for getting in his Hay and Corn. Thirdly There is another kind of Estovers called Hedge-boote this is Timber and wood for making Gates and Styles and Boughs and Bushes for mending and repairing Hedges and Fences So there is Estoverium edificandi ardendi House-boote Estoverium arandis or Plough-boote Estoverium Claudendi or Hedge-boote Estover is a word something harsh in sound being unusually heard in the Ears of Tenants but Boote iâ well known unto them The one is Norman the other Saxon and both have the same signification viz. an allowance Compensation or Satisfaction Any of all these Bootes a Tenant may take without assignment of the Landlord unless he be by the Landlord restreyned by special covenant in his Lease which is very usual amongst many Landlords especially if the Farm be any thing considerable then they commonly limit the Tenant how much House-boote or Plough-boote or Hedge-boote he may take without assignment and how much by assignment If a Tenant for life or years cut Co. l 4. 31. down Trees or pull down Houses or suffer them to fall down the Lessor shall have the Trees and Timber of the said Houses for the Lessee had them only as things annexed to the Land and this severance will not give him a greater estate in them The Landlord shall likewise have Windsals that is Timber-Trees blown down by Wind and Tempest because they are parcel of his Inheritance so that the Tenant for life nor years cannot have them unlesse it be to build withal where Houses are in decay But if they be Pollards without Timber the Tenant shall have such when they are blown down Distresses is a Law of custome Distress âhat is if Rent be in Arrear and unâaid the Landlord may take a lawful âistress and that he shall put in âound Overt there to remain untill ãâã be satisfied of what he distreyned ãâã So that if a Landlord distreyn the Dr. St. l. 1 C. 5. p. 10. âattel for Rent and put them in a âound Overt and the Beasts dye âere for lack of meat it is at the ãâã of him that ow'd the Beasts and âot of him that distreyned for in ãâã that distreyned there can be asââgned no desault but the default was the other because the Rent was ââpaid Now a distress must be made of ãâã a thing wherein some body ãâã a certain and valuable Property therefore such things as ãâã Ferae natura cannot be distreyned neither can any one distreyn a Horââ if any body be on the back of him nor any thing which a man holds iâ his hand or carrieth about him aââ nexed to his body And although the Law be that Landlord may distreyn any thiââ that he finds Levant or Couchant uâ on the premises for his Rent behinâ whose Goods or Chattels soever be and may detain the same uâ till his Rent be satisfied yet thâ general Rule hath some Restrict on and Limitation for there are sevral things whereof a Distress cannââ be taken Such things as are for the maintnance What cannot be distreyned for Rent and benefit of trades câânot be distreyned for Rent as Horse in a Smith Shop nor Horse in an Inn cannot be distreyed Noys Max p. 124. for the Rent thereof nor ãâã Materials in a Weavers Shop ãâã the making of Cloth nor Cloth Terms of the Law titl distress Garments in a Taylers Shop ãâã sacks of Corn nor Meal in a Mill the Rent of the Mill nor any ãâã that the Tenant hath distreyned damage feasant for that is in the custody of the Law Likewise Oxen of the Plough Cook on Lit. f. 47. may not be distreyned nor a Milstone though it be raised to be picked so long as it lies upon the other Stone Neither may a Distress be taken of Sheep if there be a sufficient Distress âesides Neither can a man sever Horses âoyned together or to a Cart. Likewise Victuals
this pure Tenure most subject to be spotted and involved in troubles above any other Which the Law calls Incombrances If a man were to deal as purchaser Incombrances of Fee-Simple with a Tenant in Fee-Simple he hath a happy bargine if he meets with a Simple Tenure and a Simple Tenant I mean the one free from Incombrances and the other from deceit which many have found it a difficult thing to obtain I shall therefore by way of caution set down the several troubles and incombrances this pure and Simple Tenure called Fee-Simple is subject unto Fee-Simple may be incombred with several Judgments Statutes Merchant and of the Staple Recognizances Mortgages Wills Precontracts Bargains and Sailes Feoffments Fines Amerciaments Joyntures Dowers and many other fraudulent Conveyances if a knave once possesse it and last of all may be quite forfeited for Treason But Fee-Simple being free from any of the aforementioned incombrances is the most free absolute and ample Estate of Inheritance that that any man can have And therefore a Tenant in Fee-Simple is said to be Seistus in Dominico suo ut de feodo that is seized in his Demeasne as of Fee Tenant in Fee-Taile All Free-hold inheritances before Fee-Tail the Statute of Westminster 2. Cap. 1. were Fee-Simple at the common Law so that Tenant in tayle was instituted by force of that Statute By which Statute there is a twofold Tenant in Tayle viz. General and special Tayle He is said to be Tenant in general General Tail Tayle who holdeth Lands or Tenements to him and to the Heires of his body begotten For if in this case he Marry many Wives and have issue by them all every one of them may the Elder dying come to inherit this Land because every one is the issue ingendred of his body It is the same case if Lands or Tenements be invested upon a Woman and the Heirs of her body And she have several Husbands and Children by them all every one of them is in a possibility to inherit those Tenements being all begotten of her body But where Lands or Tenements are setled upon a man and his wife and the Heirs of their bodies between them two lawfully to be begotten Special Tail this is Tenant in Special Tayle because in this case none can inherit but such Children as are by this man begotten upon the body of this wife named in the Grant And if that wife dye and the man taketh another wife and hath issue of her body the issue by the latter wife cannot inherit by vertue of such a grant And if the first husband dye and the wife marry again and have issue by a second husband that issue cannot inherit There be several other Estates in Special Tail according to the Devises Limitations and Conditions Special tail with limitation invented and setled by the Donor as sometimes to a man and his Wife and the Heirs Males of their bodies between them two to be begotten in this Case the Females cannot inherit So that if Lands be invested upon a man and his Heirs Males of his body and he hath issue two Sons and dyeth the eldest enters according to the grant and hath issue a Daughter and dyeth this Daughter shall not inherit the Land but the Brother because he is the Heir Male. And if a man hath Lands granted to him and to his Heirs Males of his body and he hath no Son but only a Daughter and the Daughter hath a Son and dyeth living her Father and after that the Donee dyeth in this case the Donee dying without issue Male in the Law the Son of his Daughter which is his Grandchild shall not inherit but the entayle is extinct and the Land shall Revert to the Donor Tail Tenures Incumbrances These grants in Tail are the causes of much strife and stir up many chargeable suits though in my judgment they are useless for the intent of the Donor is seldome observed in them he intending to preserve the Memory of his own name to perpetuity which cannot be since a Fine and Recovery will docke it Tenant in Tail after possibility of Issue extinct When Lands and Tenements be Possibility of Issue extinct granted to a Man and his Wife in special Tail and one of them dye before they have issue the Survivour is Tenant in Tail after possibility of issue extinct but if they have issue during the life of the issue the Survivour cannot be said to be tenant in Tail after possibility of issue extinct But if the issue dye without issue and leave none to inherit by vertue of the Entail then the Surviving Donee is tenant in Tail after possibility of issue extinct And none can be tenant in Tail after Donee in special Tail possibility of issue extinct but one of the Donees in special Tail which tenant in Tail after possibility of issue extinct is not chargeable with committing of Wast because the inheritance was once in him but if he doth Allien in Fee it is a forfeiture of his Estate and the Heir in Reversion may enter Tenant by the Courtesie of England When a Man marries a Wife seized in Fee-simple or in general Fee Tail or one that is Heiress unto Lands or Tenements in Special and hath a Child by the same Wife male Tenant by the courtesie or female born alive and the Wife dye whither the Child be living or dead the Husband shall hold the same Lands during his Life as Tenant by the Courtesie of England which is a Tenure used in none other Country but in England And although the Child dye assoon as it is born if it were but heard cry the Husband shall hold the Lands after his Wifes decease during his Life as Tenant by the courtesie the crying of the Child being a sufficient Testimony of its being born alive Tenant in Dower Tenant in Dower This kind of Tenant is always of the Feminine gender and is when a man is who seized of Lands or Tenements in Fee-Simple or in general Tail or as Heir in Special Tail marries a Wife and dies the Wife after the death of her Husband shall have during Her life the third part of such Lands or Tenements as her Husband had during the Coverture whether she had any issue by him or not so she be above nine years of age at her Husbands death This is the Dower at the Common-Law Dower at Common-Law but by custome in many places it is otherwise for in some places she shall have the half and in others the whole and in all these cases she is Tenant in Dower In Kent it is the custome for the Dower by the Custom Woman to have half her Husbands Lands durante viduitate so long as she continues a Widdow but if she marry again she looses all so likewise is the custome there if a man marry a Wife having an Estate in Lands c. and she dye without issue
tenant by the Courtesie âhe Coheir or parcener that surviâeth and the tenant by the Courteâe may make partition between ââem And if the tenant by the âourtesie will not consent there unââ the Surviving parcener may comâel him by a writ de Participatione ââcienda But if the tenant by the Courtesie ââsires to have partition and the âârceners surviving will not agree to ãâã the tenant by the Courtesie can âave no remedy for he cannot âave a writ de Participatione facienda against the surviving parcener although the parcener may have it against him Parceners by Custom This Tenure is Gavel-kind and iâ Partners by Custom used only in Kent except in some certain places in England besides and in North Wales But the meâ of Kent only claim this as a right remaining unto them unconquered and it is thus If a man be seized in Fee-Simple or Fee-Tail in Lands oâ tenements of the Custom and Tenurâ of Gavel-kind and hath issue diverâ Sons and dyeth All the Sons shall be Coheirs and equally inherit those Lands and tenements as Females do and may make partition by writ dâ Participatione facienda and divide as in the case of Daughters at the common Law Joynt-Tenants When a man being seized of certain Joynt-Tenants Lands and Tenements doth thereof enffeoff three or four oâ more to have and to hold to them and their Heirs or to hold to themselves for the term of their lives or for anothers life and they become seized by vertue of that Feoffment these are said to be Joynt-Tenants Likewise if two or more disseize Disseizorâ another of any Lands or Tenements to their own use the disseizors be Joynts-tenants but if it be but to the use of one of them they be not Joynt-tenants Now the nature of Joynt tenants is that the whole estate shall go to the Survivour As if there be Joynt-tenants in Fee-Simple and the one of them hath issue and dyeth the two that survive shall have the whole Tenements and nothing thereof shall go to the issue of him that is dead And if the second tenant have issue and dye the third who is the Survivour shall enjoy Survivour the whole and shall have it in Fee-Simple to him and his Heirs But now there is a difference in tenants in Parcenery for if there be three Copartners and one hath issue and dyeth before there be any partition made that part which belonged to her that is deceased shall descend to her issue And if such a Parcener dye without issue her part shall descend to her Coheirs so that this they have by discent and not by Survivourship as Joynt-Tenants have And as the Survivourship taketh Survivourship place amongst Joynt-tenants so it doth amongst all persons who have Joynt Estate or possession with others in Chattels Real or Personal As if a Lease be made to several persons for term of years the Survivour of the Lessees shall enjoy all the Tenements during the term by vertue of the Lease And in like manner Goods and Chattels personal whereof there be partners shall go to the Survivour And if a Bond be made to many persons for one Debt and some of the Obligees dye the Survivour shall have all the Debt And so it is in all Covenants and Contracts amongst Partners There may also be Joynt-tenants for term of life and yet they have several Inheritances If Lands be given to two men to Several Inheritances hold to them for term of their lives and to the Heirs of their two bodies here these Donees are Joynt-tenants for term of their lives and have several Inheritances For if one of them have issue and dye the Survivour shall enjoy the whole during his life by Survivourship And if the Survivour have also issue and dye then the issue of them both shall enjoy the estate equally between them as tenants in common and not Joynt-tenants Now the reason why these are said to have several Inheritances is because it is impossible for them to have an Heir between them as a Man and a Woman may have Therefore the Law maketh this distinction according to reason and the form of the gift that is to the Heirs that one getteth on the body of his Wife and so likewise of the other so that by this reason it must of necessity be that they have several inheritances And if after the death of the Donees the issue of one of the Donees dye also leaving no issue of his body Surviving in this case the Donor or his Heirs may enter into the moyety of the Lands as in his reversion though the other of the Donees hath issue living In like manner if Lands be given to two Females and to the Heirs of one of them in this case the one of them that is she that hath it but for life hath a freehold and the other hath a Fee-Simple and if she that hath the Fee dye the other who hath the Free-hold shall enjoy the whole during her life by vertue of her Survivourship And if Tenements be given to two and to the Heirs to be ingendred of the body of one of them here the one hath Free-hold and the other Fee-Tail If there be two Joynt-tenants and they are seized of an Estate in Fee-Simple and the one by Deed grants a Rent-charge to another out of that part which appertaines to him now during the life of the grantor this Rent-charge is good and effectual but it becomes void after the death of the Grantor For the Tenant that Surviveth shall hold all the Land by Survivourship discharged from the Rent-charge of the other But amongst Coheirs or Parceners Difference between Coheirs and Copartners it is otherwise for if there be two Parceners in Tenements in Fee-Simple and before partition one chargeth his part by his deed with a Rent-charge and dyeth leaving no issue whereby his moyety descends to the other Partners here that part shall not be freed of the Rent-charge because he cometh to this moyety by discent as Heir at Law If Joynt-tenants be desirous to make partition between them they may do it by consent and agreement amongst themselves and such partition is good and binding against each other but unless it be done by mutual consent amongst themselves the Law cannot enforce or compel them or either of them to do it because Joynt-Tenants cannot have a writ de Participatione facienda as tenants in Copartnership may have If there be a joynt Estate of Lands and Tenements made to a man and his wife and to a third Person her the third Person shall have as much as the man and his wise that is one moâety for the man and wife can have but half the estate because they arâ but one person in Law In like manner it is if Land were made to a man and his wife and to two others here the man and wife can have but a third part and the two others the other two
demises yet their Leâses shall be good against them ãâã their lives If a Lessee for years grant a Renâ Cook 8. Jac. 144. charge and after surrender yet ãâã the benefit of the Grantee the ãâã hath continuance although in ãâã veritate it is determined and ãâã Grantor himself shall not derogaââ from his own grant to make it ãâã at his pleasure Tenant for years of an Advowsâ granteth the next Avoidance ãâã Donation if the same Church shouââ become void during the term â And afterwards surrenders his terâ yet if the next Avoidance be wiââ in the term the grant is good ãâã the years cannot determine but ãâã effluxion of time and the Law iâplies a limitation if the Church ãâã become void during the term ãâã expressio eorum quae lacite ni sunt nihil ãâã A Lessee covenanteth for himself Idem 25 Eliz. Fol. 16. ãâã Executors and Administrators âith the Lessor That he his Execuâârs or Assigns shall build a Brickall upon part of the demised preâises And afterwards the Lessee âakes an assignment of his Lease to â D. for his term in this Case ãâã Assignee is not bound to build the âall When a Covenant extends to a ãâã in being parcel of the demise âhen the thing to be done by force of ãâã Covenant is annexed and appurâânant to the thing demised And ââall bind the Assignee although by ââpress words in the Covenant he be âot bound But if the Covenant extends to a ãâã which had no being at the time ãâã the demise made that cannot be ânnexed or appurtenant to a thing âhich had no being If a Lessee Covenant to repair the âouses demised to him during his âease This is part of the Contract ãâã shall bind the Assignee although ãâã the Covenant he be not expresly âound But where the Covenant concerâ a thing not it being at the time the demise ãâã to be made afreâ this shall bind the Covenantor ãâã Executors aâd Administrators ãâã not the Assignee If a Lessee Covenant for him ãâã his Assigns to build a House upââ the Land of the Lessor which is ãâã parcel of the demise or to pay ãâã collateral sum of Money to ãâã Lessor or to a Stranger this shall ãâã bind the Assignee If a man demise Lands for yearâ with a stock of Cattel or sum of Mâney rendring Rent And the Lessâ Covenants for him his Executorââ Administrators and Assigns to dâliver the stock of Cattel or the ãâã of Money at the end of the terâ This Covenant shall not charge ãâã Assignee If an Assignee of a Lessee be âââvicted he may have a writ of Covânant so shall a Tenant by Statuâ or by Elegit or he to whom Lease is sold by vertue of an Execâtion If a man grant to a Lessee for terâ of years that he shall have so maââ Estovers as shall serve to repair his âouse or that he shall burn in his âouse or the like during the term âhat is appurtenant to the Land and ââall run with the same as a thing apâurtenant in whose Hands soever ãâã same cometh The Statute extendeth only to Coâânants 32 H. 8. C. 24. which touch the thing deâised and not to collateral Coveâants An Assignee of an Assignee Exeââtors of an Assignee Assignes of âxecutors or Administrators of eâery Assignee may have an Action ãâã Covenant for all are comprised Cooke lib. 5. ââthin this word Assignees and ãâã same Right that was in the Testaââr or Intestate descends to the Exââutors or Administrators A Lease is made for life the reâainder Crompton 49 6 over for life the remainder ãâã in Fee the first Lessee maketh âaste And because he in the Fee ãâã no remedy by the Commonââw and Waste is a wrong proââbited he shall have releife in Chanââry A Woman sole takes consideraââon 4 Eliz. for making a Lease for one and twenty years and then Marries and she and her Husband made the promised Lease at the one and twentâ years end The Lessee surrenders and takes a new Lease for one anâ twenty years more the Husbanâ dyes the Wife oustes the Lessee who sues in Chancery to have thâ first Lease continued rest for thâ first one and twenty years and coulâ not have remedy because the surrender was voluntary and the Couââ gives no relief against a voluntarâ Act. A Lease is made of House aââ Woods wherein it is Covenanted That the Lessee shall have Housâ boote and fireboote by this it ââ implied and meant that he shall noâ have any of the Woods to use oâ convert to any other purpose ãâã that the doe belonging to the Lessor And the Lessor shall have help iâ Chancery leaving to the Lesse sufficient for House-boote and Fire boote If a man demise any Lands or Tenements Lit. Ten. l. 1. to another by Lease parol the Lessor ought to be seized of thâ Lands or Tenements which he so le ts at the time of the Lease parol made or else he cannot maintain an Action for his Rent for the Lessee may plead that the Lessor had nothing in the premises at the time of the Lease made and then he is barred of his Action but if the Lease be made by Deed Indented then the Lessee cannot plead this plea thereunto If a man lets Land to another by Cook 1. par Inst 55. Lease to hold the same at the will of the Lessee the Law intends it to be at the will of the Lessor also and he may put the Lessee out when he pleases likewise if it be let at the will of the Lessor it is intended at the Lessees will also for the Lessor cannot force him to stay longer then he pleases A Covenant made between Landlord Covenants and Tenant that the Tenant shall have a new Lease upon the surrender up of his old Lease And afterwards Noys Maxims p. 13. the Lessor makes a Lease by Fine for more years to a third person in this case the Lessor hath broke his Covenant although the Lessee did not surrender which by the words of the Covenant ought to have Covenants in his Lease for such breach the Landlord may bring hiâ Action of Covenant before the enâ of the term A man takes a Lease for years and Hughs Grand Abridgments 1. par P. 492. C. 19. covenants and grants to and with thâ Lessor for him and his Executors to repair the Houses as often as neeâ requires and afterwards the Lesse assigns over his Lease to another and the Assignee suffers the House to decay for want of repairs in thââ case the Lessor may bring an Actioâ of Covenant against the Assignee aâthough he be not named in the Covenant A Landlord lets a Lease and covânants Co. 1. par Inst sol 41. with his Tenant that he shâââ have sufficient hedge-boote to assigned him by the Landlord or ãâã Bailiffe In this case the Tenant ãâã not take hedg-boote without assignment If a man by Indenture take