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
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
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
and he does so in this case he may have an Ejectione firme against his fellow as well as if he had put him out by force CHAP. III. Of Payments Rents Acceptance Confirmations Extinguishments Demands Re-entries Limitations c. of Leases IF the Lessee be to pay his Rent to his Lessor at May-day Vide Clun's Case 11 Jac. in B. R. Co. 10 lib. f. 227. Co. 1 part Inst f. 202. a. And see Hare Savil's Case M. 7 Jac. in C. B. Brownloe's 2 part p. 273. Herne's Law of Conv. p. 23. and Martinmas or within 15 daies next after either of the said Feasts in this Case the Tenant need not pay till the 15th day for that is the legal day and the other onely a voluntary day of Payment and if there be a Clause that if the Rent be behind by the space of 15 daies after any of the said daies of payment then the Lease to be void in this case the Lessee shall have 30 daies after either of the Feasts to save his Lease but if the Clause in the Lease be that if the Rent be behind for the space of 15 daies next after either of the said Feast-daies of payment here the Tenant hath but 15 daies onely allowed him and so the diversity is to be noted If a Tenant in Tail let part Co. 1 par Inst f. 44. b. Vid. Lord Mount-joy's Case Co. 5. l. f. 3. Anno 31 32 Eliz. in B. R. of the Land accustomably letten reserving the Rent pro Rata or more this is a good Lease for such Lands or if the accustomable Rent were formerly payable at four Feasts and now it is reserved and payable all at one Feast yet it is good enough If a man lease for Years rendring 11 Jac. in B. R. Clun's Case Co. 10 l. f. 227. See Hare Savil's Case M. 7 Jac. in C. B. Brownl Rep. 2 part p. â—73 V. Hern's Law of Conv. p. 22 23. Rent at the Feasts of the Annunciation and Michaelmas or within 15 daies after here if the Lessor dy after either of the Feasts and before the 15 daies be out the Heir shall then have the Rent for the disjunctive is added for the benefit of the Tenant and the first day is but voluntary but the legal payment is at the end of the 15 daies and if the Lessee before the day pay the Rent this is voluntary and not satisfactory but it is good to give Seisin if payment be in the Morning and the Lessor die at Noon though this payment be voluntary too yet it is satisfactory against the Heir If a man lease for Years rendring See Manley and Jennings Case Pasch 10 Jac. in C. B. Brownlo Rep. 2 par p. 176. Noye's Maximes p. 80. 6 E 6. Br. Tender 20. Rent at Martinmas and other Covenants if the Lessee be bound in an Obligation to pay the Rent precisely in this case he must seek the Lessor to pay him but if he be bound to perform the Covenants c. he may then tender it upon the Land if no other place be agreed upon and it sufficeth for the payment is of the nature of the Rent reserved Rent payable at a day the 1 Mar. 172. b. Finch l. 1. c. 3. p. 38. Noye's Maximes p. 81. Vide Wade's Case 43 Eliz. C. B. Co. 5. l. f. 111. Hern's Law of Conv. p. 30. party hath all the day till Night to pay it but if it be a great summe as 500 or 1000 pound he must then be ready as long before Sun-set as the mony may be told for the other is not bound to tell it in the Night If a Parson let his Glebe to a Lay-man the Lessee shall pay 32 H. 8. Bro. Dismes 17. Finch l. 2. c. 1. p. 88. Tithes to the Parson besides the Rent because they are of common Right If a man make a Lease for See Clun's case 11 Jac. Co. 10. l. f. 227. Years rendring Rent at the Feast of St. Michael in this case if the Lessor die on Michaelmas-day in the morning if the Rent be unpay'd the Heir shall have it but if the Tenant pay it that morning before the Lessor die the Executors shall then have it If a man lease a Stock of Cattel Co. 1 par Inst f. 47. b. 292. b. F. N. B. 267. or other goods rendring Rent at several daies he shall not have at Action of Debt till all the daies be expired and so it is upon an Obligation for these are personal Contracts but in case of a Lease for Years which is a real Contract it is otherwise for there the Lessor may have an Action of Debt after every day or he may distrain A man is not bound to pay an Annuity without an Acquittance See in Pennant's Case 38 Eliz. Co. 3. l. Perkins 780. but a Rent-service or Rent-charge he is If the King make a Lease Vide in Co. 4 lib. Borouâ—hs's Case 38 Eliz. in B. R. Co. 1 par Inst f. 201. b. Anâ—â—ee Goldsbor Rep. p. 124 pl. 9. Hern's Law of Conv. p. 27. rendring Rent without limiting any place or to whose hands the Lessee may either pay it to the Exchequer or to the Bailiffs or Receivers of the King when a Common person appoints no place of payment the Law appoints it to be upon the Land and there the Demand must be made as is shewed afterwards in this Chapter If two Joynt-tenants be and they make a Lease for Years by 5 E 4.4 Co. 1 part Inst f 47. a. Co. 8 l. f. 70 71. paroll or Deed-poll reserving a Rent to one of them yet this shall enure to them both but if it be by Deed indented it shall enure to him alone by way of Conclusion If a Lease be of Land and Trin. 35 H. 8. Dyer 56. 2 Mar. Dyer 100. and see 20 El. Dyer 361. Sheep and the Sheep die or part of the Land is surrounded with the Sea some are of opinion that the whole Rent shall issue out of the rest Tamen quaere If a man lease Land and die See Goldsbor Rep. p. 98. pl. 17. Trin. 30 El. Vide Herne's Law of Conv. p. 22 24. before one of the Rent-daies the Heir shall have the Rent due at the next day after his death but if there were any Rent arrear at the Rent-day before the Lessor's death the Executors or Administrators shall have that and may either distrain or have an Action of Debt for it The Lessor upon a Lease at Co. on â—it f. 57. b. Will may distrain for Rent arrear but if he impound the Distress in the ground letten at Will the Will is then determined Upon a Lease for Years a man may reserve the Rent to be Co. 1 part Inst 142. a. and see Perkins 696. in the delivery of Hens Capons Geese Turkies Oxen Sheep Roses Spurs Bows Shafts Horses Hawks Pepper Cumine Wheat or other profit that lieth in Render
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
Lease continueth If there be two Joynt-tenants Harbin Barton's case 30 El. Goldsb Rep. 187. pl. 130. for Life and the one make a Lease for 80 years to begin after his death and after dies this is a good Lease against the Survivor If a Lease be made to the Brownloe's 2 part p. 206. the end Dr. Stud. l. 2. c. 33. f. 120. a. b. See Cowel's Inst p. 193. Husband and Wife yielding a greater Rent then the Land is worth in this case if the Husband die the Wife may refuse the occupation of the Land and so be discharged of the Rent but if the Husband overlive the Wife and die his Executors if they have Asserts to pay the Rent to the end of the term may not refuse thé Lease but if they have not Assetts they may wave the occupation and by special pleading discharge Finch l. 1. c. 3. p. 31. 4 E. 6.68 b. See Co. 5 l. in Brudenel's case themselves If a Lease be made to A and B for their Lives in this case if either die the other shall have all during his life for it is an Interest Philipps Pr. of Law 131. If a Woman make a Lease at Henstead's case 36 37 El. C. B. Co. 5. l. f. 10. See M. â—7 El. in C. B. râ—t 16â—4 Will reserving Rent and after take Husband yet the Lease at Will continues still and if a 3 H. 8. Vid. Keilwaye's Rep. f. 162. Terms of the Law verb. Counteâ—mand Feme sole who is Lessee at Will take Husband yet the Lease at Will is still good If Husband and Wife make a Lease at Will of the Co. 1 part of Inst f. 55. b. Wives Lands reserving Rent and the Husband dieth yet the Lease at Will continueth and so it is if two make a Lease at Will to two others if either one of the Lessors or Lessees die yet the Lease is good If Tenant at Will lease for Years in his own name it is a 2â— H. 6.3.22 E. 4. 5. Co. 1 par Inst l. 57 a. 12 E. 4.12 Disseisin and the Lessor may have Trespass against the Grantee of the Lessee at Will If a man lease to one at Will 21 H. 6. f. 42. Kitchin 237. a. and the Lessor dies the Will is gone If I let Lands in which are 9 E. 4. f. 37. per Needham Mines or Trees I cannot enter to take the Trees or Mines but am a Trespasser unless I reserve such a privilege to my self when I let the Lands All Feoffments Gifts Grants Perkins 16. Co. on Lit f. 253. b. 14 Ass pl. 20. Plo. 18. a. Vide Philipps Principles of Law p. 4. and Leases made by Duress of Imprisonment are voidable and that not onely by the parties themselves but by their Heirs and by those who have their Estates If the Lessor come upon the Finch l. 1. c. 3. p. 57. Vid. Hunt Downam's case Pasc 16 Jac. B. R. Câ—o. 2 part 478. ground leased he is no Trespasser for it shall be intended that he came to see if Wast were done Although a Lessee for Years Styles Regestum Practicale p. 198. Pasch 1650. in B. R. do lose his Indenture of Demise of the Lands let unto him yet he shall not lose his term in the Lands let by Indenture which is lost if it can be proved any way that there was such a term let to him by Indenture and that it is not determined and so it is of any other Estate in Land if the Deed that created the Estate be lost if it can be sufficiently proved that there was such a Deed made and that such an Estate was conveyed by Deed. If Tenant for term of years or any other Tenant be outed or if they die their Executors or they if living shall have reasonable time and free liberty to come and fetch away their Utensils and other goods out of the Lessor's House CHAP. V. Of Corn sown where the Tenant is outed or the Term determines before it be ripe who shall have it and also of Estovers and Trees blown down c. IF Tenant at Will sow the â—leta l. 3. c. 13. Co. 1 part Inst f. 55. a. 11 â— 4. f. 90. Vide Philipps Pr. of Law p. 86. Land he shall have free liberty to come and cut and carry away his Corn although the Lessor put him out before it be ripe But if Tenant for Years sow Co. on Lit. f. 55. a. b. Lit. â—h Tenant at Will See the Clerk of Assize p. 60. the Land and his term end before the Corn be ripe the Lessor shall have it without it be covenanted between them that he shall have his way-going Crop as they call it in Yorkshire and the reason of this is because the Tenant did know when his term would end and it was his folly to sow Corn that would not be ripe till the term were expired If Lessee at Will set Roots or sow Hemp or Flax or any annual Co. ubi suprá 18 E 4.18.10 Ass pl. 6. profit if after they be planted the Lessor out him or if the Lessor die yet the Lessee or his Executors shall have that year's Crop But if he plant young Fruit-trees Co. ubi suprá Temps E. 1. Br. 25. or young Oaks Ashes Elmes c. or sow the ground with Acorns if he be outed by the Lessor he shall have none of these because they yield not present annual profit Every Tenant that hath an Estate incertain shall have the Co. ibid. 7 Ass 19. Corn sown by him though he be ousted before it be ripe Co. ubi suprá 10 E. 3.29 See in Sir Henry Knivett Poolâ— case Goldsborough's Rep. p. 143. pl. 60. Co. 5. l. f. 85. See the Clerk of Assize p. 60. If Tenant for Life soweth the ground and dy before the Corn be ripe his Executors shall have it and Grass if it be cut but not Meadow unmown for that is part of the Inheritance till it be severed The like Law is of the Lessee Co. on Lit. f. 55. b. for Years of Tenant for Life If a man be seised of Land in Co. ibid. 7 Ass pl. 10. Perkins 518. Swinburn's Wills 3 part sect 6. p. 163. Dyer 316. 8 Ass 21. Vide Pacis Consultum p. 83. right of his Wife and sow the Land and die his Executors shall have the Corn but if they be Joynt-tenants of Lands and the Husband soweth the ground and dieth the Wife shal then have it If A lease Land for the life of B and sow the Land and before the Corn be ripe B dies yet notwithstanding A shall have the Corn for his Estate was determined by the Act of God The same Law is of a Woman Cowell's Inst p. 141. Fulb. par f. 37. b. Perkins 513. Swinburn ubi suprá Tenant for Life or in Dower who takes Husband and he sows the Land and before the Corn