Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	possibility_n	tenant_n	treble_a	29	3	16.4520	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A95588	Tenants law a treatise of great use, for tenants and farmers of all kinds, and all other persons whatsoever. Wherein the several natures, differences and kinds of tenures and tenants are discussed, and several cases in the law touching leases, rents, distresses, replevins, and other accidents between landlord and tenant, and tenant and tenant between themselves and others; especially such who have suffered by the late conflagration in the city of London. The second edition. By R.T. Gent.	R. T., Gent.	1670 (1670)	Wing T51B; ESTC R203704	58,719	163

TENANTS LAW A TREATISE of great Use FOR TENANTS and FARMERS Of all Kinds And all other Persons whatsoever WHEREIN The several natures differences and kinds of Tenures and Tenants are discussed and several Cases in the Law touching Leases Rents Distresses Replevins and other accidents between Landlord and Tenant and Tenant and Tenant between themselves and others Especially such who have suffered by the Late Conflagration in the City of London Flamma Consumpta Resurgo The second Edition By R. T. Gent. LONDON Printed by T. M. for S. S. and are to be sold by W. Jacob by Barnards-Inn in Holborn and John Am●●y over-against St. Clements Church in the Strand 1670. To the Tenants of England especially those of the City of London I Have often observed many Inconveniences and Damages to happen to Tenants oftentimes by their Ignorance and Timerosity not knowing how to defend themselves against insulting and cruel Landlords and oftentimes they commit many delinquencies to the Landlord and trespasses and Nusances against one another unwittingly not knowing when they offend and most often they plung themselves into the Mire and are ins●ared in the Net of trouble like a Bird by their over-much striving to get themselves free and at liberty from it and intangle themselves more and more and work themselves the farther and faster in till they beat themselves out of breath and break their Wings and lose so many Feathers that they scarce ever get flush again One cause hereof is many delight to delude and flatter themselves by setting a fairer gloss upon their cause then it will bear when it comes to the Test and to give wrong instructions to their Clerk or Attorney whereby it cannot be rightly Stated to learned Council and then what the Event of this will be I leave to your selves to Judge I have taken the pains to compose this Treatise to teach you to undeceive your selves and not to seek refuge from the Law in such cases when you your selves have done the injury and likewise to shew you how you may ward your blows and defend your selves against such as are injurious unto you Malicious and Superbous I have methodized the particular Directions enacted for ending Controversies between all Persons concerned in the late dreadful Fire of the City of London whereby they may with more ease compose their own differences inform themselves of the Rules for New Building I wish you much profit which is all the designe herein intended by a Lover of his Country R. T. Gent. The Contents CHAP. I. A Division of the several kinds of Tenants and Tenures Pag. 1. CHAP. II. Of Leases Covenants and Conditions Provisoes and Reservations Surrenders and Assignments of Leases 41. CHAP. III. Of Payment of Rent Acceptance and Extinguishment thereof Demands Entries Dates Continuance Limitations and Determinations of Leases 71 CHAP. IV. Of Corn sown who shall have the Crop of Estovers and Trees blown 〈◊〉 of Distresses what things may be distreyned and how used who may take a Distress for what cause when and where 90 CHAP. V. Of Rescous in what cases it may be lawful Replevins how to be sued out and of Avowries to Declarations upon Replevin 109 CHAP. VI. What cases a Tenant or other shall be said to commit waste in Houses Gardens Woods Pastures Orchards c. And what waste shall be punishable and what not 120 CHAP. VII The Tenants Law touching New Buildings within the City of London 133 Tenants Law CHAP. I. A Division of the Several kinds of Tenants and Tenures EVery Subject of this The kinds of Tenants and Tenures Kingdom that occupieth any Lands or inhabiteth in any House or Tenement is said to be a Tenant Tenens a Tenendo because he must hold of some Lord or other And divers and various are the natures and kinds of Tenants and Tenures in this Land at this time Although they have been more numerous and indeed excessive slavery to the people so that their exhorbitant Cruelty hath caused their Dissolution Those which are ceased to be are Tenure in Villenage where the Villenage Lord might vassal and enslave his Tenants person at his pleasure but not kill him Pillenage where the Lord might Pillenage pillage his Tenant of all his goods Frank-Almoigne or free Almes Free-Alms was a Tenure begun and had its original either at or soon after the foundation of Monasteries and Religious Houses and extripated with them The nature of it in old time was when a man being Seized of Lands or Tenements in his Demeasne as of Fee of the same Land did enfeoffe some Abbot or Prior and their Covents or some Dean and Chapter and their Successors or some Parson of a Church and his Successors or any other Religious person who was in a Capacity to take such Alms to hold the same Lands and Tenements to them and their Successors in Liberam Eleemosynam in Free-Alms or Frank-Almoigne of the grantor and his Heires and such as held in Free-Alms were bound in consideration of such grant or Feoffment to perform certain Divine and Religious Services and Exercises for the Souls good Life and Prosperity of the grantors and all others And they confirmed all their grants with grievous Anathema's and Imprecations against all such as should in any wise diminish or take away such their grant or convert the same unto any other use which some justly believe to be none of the least Causes why Purchasers of Church-Lands find such ill success as seldome to enjoy it to the fourth Generation But as I said before this Tenure and the Religious Houses ended together or immediately one after the other So that none can grant any Lands or Tenements in Liberam Eleemosynam at this day Tenure in Capite and Knights-Service Knight-Service is also by Act of Parliament in the twelfth Year of his now Majesties Reign together with the Court of Wards which was dependent upo● that Service taken away and a●● those Tenures are now turned into common Soccage So that the more usual Tenants amongst us at this day are Tenant in Fee-Simple in Fee-Taile Fee-Simple Tenant in Tail after possibility of Fee-Tail issue extinct Tenant in Dower by the courtesie Dower Courtesie Term of life for years At Will of England Tenant for Term of Life for years upon Lease in writing or Lease parol Tenant at will by the common Law or by custome Tenant by Coppy of Court-Roll Coppy Tenants in Coparcenery Joynt-Tenants Coparcenery and Tenants in common Fee-Simple A man that is seized in Lands or Fee-Simple Tenements to hold to him and his Heires for ever is said to be Tenant in Fee-Simple and such an Estate is called Feodum Simplex The word Feodum in Latine being taken to signifie Inheritance and Simplex implies pure plain or unmixt and indeed Fee-Simple is the most pure holding that is being unmixt or entangled in it self But as the whitest Colour will be soonest stained so is

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

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 ●itchin s 214. Reversion and one of them dye the Aunt and Neece shall joyn in an Action of waste If a Tenant for life commit waste and after surrender his estate and the Lessor accepts it the Lessee is then discharged of the waste If a stranger commit Waste upon the lands which one holdeth for life or years the Tenant shall suffer for it and is left to take his remedy over against he that did it If a Landlord covenant to deliver timber out of the same land to repair the house let and will not deliver it and for defect thereof the Tenant will not repair it but suffers the house to fall down this is waste in the Tenant and he is punishable for it But if the timber be to be taken out of other lands and be not delivered then the Tenant is excusable if he suffer the house to fall and no action of waste lies against him If a single woman Rent lands and Idem marryes and her husband commits waste and dyes she shall be punished for this waste done by her husband But if a Lease be made to a man and his wife and the husband commits waste and dyes in this case the wife shall not be punished for such waste unless she agree to the estate If a woman be Tenant for her life Cook 1. pa●● I●st 54. and marries and her husband commit waste and the wife dyeth the man is not punishable for this waste but if a woman be possessed of a term of years and takes a husband who commits waste and the wife dyes here the man is liable to an action of waste for the waste by him committed because he enjoyeth the term of the Lease If a man make a Lease for life or years and after grants the Reversion for years the Lessor shall have no action of waste during the years for he himself hath granted away the Reversion in respect whereof he is to mainteyn his action If an action of waste be brought and the Term end while it is depending yet the writ shall not abate for although the Plaintiffe cannot recover the place wasted yet he shall recover the treble damages Likewise if one be Tenant for Co. 1. part Inst f. 285. term of anothers life and makes waste and afterwards the Cestui que vie dyes here the Lessor shall recover treble damages but cannot recover the place wasted for that falls to him by the death of the Cestui que vie It waste be done in one corner of Cook 1 part Inst s 54. a Wood that place only which is wasted shall be recovered but if it be done here and there about the wood then the whole wood shall be recovered or as much wherein the waste sparsim is done And so in Houses so many Rooms Idem shall be recovered wherein there is waste done If a man make waste in cutting Reg●st pract p. 343. trees which grow in hedge-rowes which inclose pastures nothing shall be recovered but the place wasted that is the circuit of the roots and not the whole pasture but if trees grow scatteringly about the pasture then the whole pasture is forseited if they be cut It is good plea in bar to a writ of Waste to say that the house fell by a sudden tempest although the Tenant did covenant to repair it but it is no plea in an action of covenant It is also a good plea in a writ of Waste to say that the house was Ruinous at the time of the Lease making and the Timber so putrified and Rotten that it fell It also a good plea to say that the Plaintiffe hath entred upon the Land before which entry no waste was made or that he Surrendred and the Plaintiff did accept before which time no Waste was made If a Tenant doth waste and afterward Cook 1 part Inst f. 285. Surrenders and the Lessor agrees yet the Lessor may have an action of waste and recover treble damages If an action of waste be brought by husband and wife in remainder in special tail and the wife dyeth the suit depending without issue in this case the writ of waste shall abate If a Lease be made to hold to one Idem f. 220. without any impeachment of waste then the Tenant may cut down trees and convert them to his own use but if the words be to hold without impeachment for any action of waste● 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