S § 43. This ftatute only extends to rents, reserved on leafes which determine by the death of the leffor: for, where the leafe does not determine on that event, the person in remainder or reverfion becomes entitled' to the whole rent due from the day of payment, preceding the death of the tenant for life; but it has been extended to the executors of a tenant in tail, who died without iffue, fome days before the rent became due. § 44. Tenant in tail, remainder to the defendant in fee, leafed for years; and died without iffue a week before the day of payment of the half year's rent. The leffee at the day paid all the half year's rent to the defendant: the executor of the tenant in tail brought his bill for an apportionment of the rent. Lord Chancellor Hardwicke:-This point has never been determined; but this is fo ftrong a cafe, that I fhall make it a precedent. There are two grounds for relief in equity. The first arifes on the ftatute 11 Geo. 2. the fecond arises on the tenant's having fubmitted to pay the rent to the defendant. The relief, arifing upon the statute, is either from the ftrict legal conftruction, or equity formed upon the reason of it. And here it is proper to confider, what the mischief was before the act, and what remedy is provided at common law. If tenant for life, or any who had a determinate eftate, died but a day before the rent, reserved on a leafe of his, became due, the rent was loft for no one was entitled to recover it. His reprefentatives could not, because they could only bring an action for the ufe and occupation; and that would not not lie where there was a lease, but debt or covenant : nor could the remainder-man, because it did not accrue in his time. Now, this act appoints apportioning the rents, and gives the remedy. But there are two defcriptions of perfons, to whofe executors the remedy is given: in the preamble it is one, having only an estate for life; in the enacting part, it is tenant for life. Now, tenant in tail comes expressly within the mischief: I do not know how the judges at common law would conftrue it; but I fhould be inclined in this court to extend to them. I should make no doubt, where this is the cafe of tenant in tail after poffibility of iffue extinct: for he is confidered in many respects, as tenant for life only. He cannot fuffer a recovery: he may be enjoined from committing waste, fuch as hurts the inheritance, as felling timber; though not for committing common waste, being confidered as to that as tenant in tail. Where it is the case of tenant for years determinable on lives, he certainly must be included within the act; though it fays only tenant for life: it would be playing with the words to fay otherwife. Thefe cafes fhew the neceffity of construing this act beyond the words. Tenant in tail has certainly a larger eftate than a mere tenant for life: for he has the inheritance in him, and may, when he pleases, turn it into a fee; but, if he does not, at the instant of his death he has but an interest for life. Such too is the cafe of a wife, tenant in tail ex provifione mariti: upon this point I give no abfolute opinion. As to the equity arifing from this ftatute, I know no better rule than this; equitas fequitur legem where equity finds a rule of law agrceable or to confcience, it pursues the fenfe of it to analogous cafes. If it does fo as to the maxims of the common law, why not as to the reafons of the acts of parliament? Nay, it has actually done fo on the ftatute of forcible entry, on which this court grounds bills, not only to remove the force; but also to quit the poffeffion. This court extends the reafon to equitable intereft; but I ground my opinion, in this cafe, on the tenant's having fubmitted to pay the rent. He has held himself bound in confcience, for the use and occupation of the land the last half year: he paid it to the defendant, which he was not bound to do in law. And, in fuch a cafe, the perfon he pays it to fhall be accountable, and confidered as receiving it for those who are in equity entitled thereto. The divifion must be that prescribed by the ftatute; and then the plaintiff is entitled to fuch a proportion of the rent, as accrued during the teftator's life. And accordingly it was fo decreed. S 45. Henry Vernon being tenant in tail of eftates in the county of Suffex died on the 17th of March an infant, by which John Vernon one of the plaintiffs be came tenant in tail of the estate. Part of the lands was occupied by perfons holding from year to year under the guardian, and their rents were payable at Lady Day and Michaelmas Day in every year, which demifes expired by the death of Henry Vernon. Vernon v. Vernon, These These rents having been paid into the hands of the receivers, the question was, whether the administratrix of Henry Vernon was entitled to the proportion of the rents from Michaelmas to the 17th of March, the day of his death, or the remainder-man was entitled to the whole. The Master reported that a proportion of the rents was due to Henry Vernon on the day of his death; to which the remainder-man took an exception, that he ought to have certified, that no fum was due to H. Vernon on the day of his death, in regard, that he was tenant in tail of the estates of which the master certified the faid rents or proportions to be due. Lord Chancellor Thurlow." The cafe of Paget "and Gee feems rather to be a decifion, what the "statute ought to have done, than what it has done : "but the question here feems to turn on another "ground, that the tenant, holding from year to year, "or from period to period, from a guardian without "leafe or covenant, cannot be allowed to raise an implication in his own favour, that he should hold "without paying rent to any body." The exception to the Mafter's report was overruled. TITLE TITLE XXIX. DESCENT. CHAP. I. Of the Title to Things real. CHAP. II. Of Defcent and Confanguinity. CHAP. III. Of the Rules or Canons of Defcent. CHAP. IV. Of the Defcent of Eftates in Remainder and Reversion. HAVING perty, both corporeal and incorporeal, and of the eftates that may be had therein; it will now be neceffary |