Изображения страниц
PDF
EPUB

$ 79. By the ftatute 4 Geo. 2. c. 28. f. 2., it is enacted, that every landlord, who by his leafe hath a right of re-entry in case of non-payment of rent, when half a year's rent is due, and no fufficient diftrefs is to be had, may serve a declaration in ejectment on his tenant, and affix the fame on fome notorious part of the premises, which shall be valid without any formal re-entry or previous demand of rent: and a recovery in fuch ejectment shall be final and conclufive, both in law and equity, unless the rent and all costs be paid or tendered within fix calendar months after.

Ejectment,

Vide I Saund.

Rep. 287 n.

1 Burr. 620.

7 Term Rep.

117.

n. 3.

By the fourth fection of this ftatute, it is provided, 1 Inft. 202 a. that, if the tenant, at any time before the trial in eje&ment, pays or tenders to the leffor or landlord the whole rent in arrear with the costs, or pays fuch arrears and cofts into the court, the proceedings in ejectment fhall ceafe and be difcontinued.

§ 80. As it is a maxim of equity, that a right shall not be without a remedy, the Court of Chancery will, in fome cafes, give its affiftance, to perfons entitled to a rent. But equity will not grant a remedy for rent, where there is one at law, nor change the nature of the rent, fo as to make the perfon liable, unless there is fraud in preventing the distress.

§ 81. Where, by great length of time, it is become impoffible to know out of what particular lands antient quit-rents are iffuable, the Court of Chancery has exercised a jurisdiction; and has conftantly, on proof of

payment

Courts of
Equity,
Treat. of Eq.
B. 1. c. 3. f. 3.

Bridges v.

Edwards,

6 Bro. Parl. Ca. 368.

Actions of
Debt and
Covenant.

payment within a reasonable time, decreed a fatisfaction for all arrears of fuch rents, and payment thereof for the future.

§ 82. There are also many cafes, in which an action of debt may be brought for rent: and, in all modern leases, wherein rent is reserved, a covenant is inferted, on the part of the leffee, to pay the rent, on which an action of covenant may be brought.

TITLE

[blocks in formation]

WITH refpect to the feveral incidents to rents, the An Eftate in

first is, that a perfon may have an eftate in fee fimple in a rent-service, and alfo in a rent-charge.

Fee and in Tail may be had in a Rent.

§ 2. A rent being an incorporeal hereditament iffuing out of land, is comprehended within the ftatute De Donis Conditionalibus, and may therefore be in- Tit. 2. c. 1. tailed.

S

§ 3. There is, however, a very material diftinction between a rent limited to a person and the heirs of his body, and an estate in land limited in the fame manner for the tenant in tail of the land may, by a common recovery, bar the intail, and acquire an eftate in fee-fimple therein; whereas the tenant in tail

[ocr errors]

2 Lutw.1225. 3 P. Wme. of 230,

Smith v. Farnaby, Sid. 285. Anon. 12.

Mod. 513.

And an Estate for Life or Years.

Occupancy of Rent.

Salter v. Boteler, cited Vaugh. 199. 1 Salk. 189.

of a rent charge can only acquire a base fee by a reco-
very,
which will determine on failure of iffue of his
body. This doctrine arises from the principle, that,
a rent-charge being against common right, the law
will not allow the grantee, by any act of his, to give
it a longer duration or existence than that, which was
given to it by its original creation.

S 4. But, where a rent-charge was granted to A. and the heirs of his body, remainder to B. and his heirs; it was held that a recovery by A. would convert his estate tail into a fee fimple; because the donor or grantor of the rent-charge had created a fee therein, and therefore the duration of the rent-charge was not enlarged.

§ 5. A rent-charge may de limited to a perfon for his own life or that of any other perfon, or for any number of lives in which cafe the grantee will be tenant for life or pur autre vie of fuch rent. A rentcharge may also be limited to a person for any number of years.

§ 6. By the common law, there could be no general occupant of a rent: for, where a rent was granted to A. during the life of B. and A. died, living B., the rent determined. For, the grant being originally made to A. only, when he died, no one could claim it as occupant; because there could be no entry upon it: nor could any one claim it under the deed, because no one was party to it but the grantee. It followed,

lowed, therefore, that, as no one could take it under the grant, it ceased and determined.

§ 7. There might, however, have been a special Vaugh. 201. occupant of a rent: as, if a rent was granted to A. 1 Inft. 388 a. and his heirs during the life of B., and A. died,

living B. and leaving an heir, fuch heir would have been a special occupant of the rent.

Cheverton, 2 Roll. Ab.

SS. If a man had granted a rent to A. his exe- Buller v. cutors, administrators, and affigns, during the life of B. it is faid to have been agreed by the court, that the 152. executor of the grantee fhould not be a fpecial occupant; because it was a freehold, which could not defcend to the executor. Mr. Cox, in his valuable notes to Peere Williams, has obferved, that there seems to have been no found reafon for this distinction: and this obfervation must be allowed to be perfectly just,

3 P. Wms 264.

when it is obferved that, where lands were demifed Tit. 3. f. 93. to J. S. his executors, administrators, and affigns, during the life of B. the executors were held to be fpecial occupants. And, if freehold lands are allowed to vest in executors, as fpecial occupants; there can be no reason why a freehold rent fhould not vest in them also.

§ 9. In confequence of the ftatute of frauds, an Tit. 3. f. 94 estate pur autre vie in a rent is now deviseable; and, if not devised, is affets in the hands of the heir, if he takes it as special occupant; and, where there is no fpecial occupant, it fhall veft in the executors or adminiftrators of those, who had it, and shall be affets in VOL. III.

Z

their

« ПредыдущаяПродолжить »