As to the time when the landlord's right to make an entry or distress, or bring an action, to recover land in the possession of a tenant at will, is to be deemed to have accrued, see 3 & 4 W. 4. c. 27. § 7. under tit. Limitation of Actions. Tenant for term of years hath incident to and inseparable from his estate, unless by special agreement, the same estovers which tenant for life is entitled to, that is to say, house-bote, fire-bote, plough-bote, and hay-bote. Co. Lit. 45. See Bote, Estovers.

With regard to emblements, or the profits of lands sowed by tenant for years, there is this difference between him and tenant for life, that where the term of tenant for years depends upon a certainty, as if he holds from Midsummer for ten years, and in the last year he sows a crop of corn, and it is not ripe and cut before Midsummer, the end of his term, the landlord shall have it, for the tenant knew the expiration of his term, and therefore it was his own folly to sow what he could never reap the profits of. Lit. § 68. But where the lease for years depends upon an uncertainty, as upon the death of the lessor, being himself only tenant for life, or being a husband seised in right of his wife, or if the term of years be determinable upon a life or lives, in all these cases an estate for years not being certainly to expire at a time foreknown, but merely by the act of God, the tenant or his executors shall have the emblements in the same manner that a tenant for life or his executors shall be entitled thereto. Co. Lit. 56. Not so if it determine by act of the party himself; as if tenant for years does any thing that amounts to forfeiture, in which case the emblements shall go to the lessor and not to the lessee, who hath determined his estate by his own default. Co. Lit. 55. See a recent case on emblements, 5 Barn. & Adol. 105. And see 2 Comm. 144, and tit. Emblements.

Persons for whose lives estates are held by lease, &c. remaining beyond sea, or being absent seven years, if no proof be made of their being alive, shall be accounted dead. 19 Car. 2. c. 6. See Life Estate, Occupancy.

A lease in 1785 for three, six, or nine years, determinable at the end of three or six years, by either of the parties, in 1788, 91, 94, is a lease for nine years, determinable on giving reasonable notice to quit. 3 T. R. 463.

A proviso in a lease, that either party, his executors or administrators, might upon notice to the other party, his heirs, executors, or administrators, determine it, extends to the devisee of the lessor, who was entitled to the rent and reversion. 12 East, 464.

Under a lease for fourteen or seven years, the lessee only has the option of determining it. 9 East, 15.

A surrender is either in fact, or by operation of law. Co. Lit. 338 a. Since the Statute of Frauds, a surrender of things lying in possession cannot be made by parol; but a note in writing is sufficient. A surrender of things lying in grant, must however be still made by deed; Wils. 26; as at common law, Co. Lit. 338 a.

Where a lease came into the hands of the original lessor, by an agreement entered into between him and the assignee of the original lessee," that the lessor should have the premises as mentioned in the lease, and should pay a particular sum over and above the rent annually, towards the goodwill already paid by such assignee," such agreement operates as a surrender of the whole term. 1 T. R. 441.

The mere cancelling a lease is not a surrender within the Statute of Frauds, nor is the recital in a second lease that it was granted in part consideration of the surrender of a former lease, it not purporting in the terms of it to be of itself a surrender. See 6 East, 86.

But where a lease of lands belonging to a bishoprick was surrendered by deed-poll, and a new lease granted in consequence of such surrender, which was afterwards avoided by the succeeding bishop, it was held the first lease was not revived by such avoidance. 1 Barn. § Adol. 847.

A., the tenant of a house, three cottages, and a stable and yard, let to him for seven years at an entire rent, assigned all the premises to B. for the remainder of the term, the house and cottages being in the occupation of undertenants, the stable and yard in that of A. The landlord accepted a sum of money, as rent, up to the day of the assignment, which was in the middle of a quarter. B. took possession of the stable and yard only. The occupiers of the cottages subsequently left them, and before the expira tion of the term, the landlord re-let them. A. paid no rent after the assignment, but the landlord received rent from the under-tenants; and before the term expired, he advertised the whole premises to be let or sold: held that there was a surrender, by operation of law, of all the premises. 1C. M. & R. 31.

Where a tenant under-let part of the premises, and surrendered the remainder to his landlord, the latter is not entitled to recover against the sub-lessee, upon giving half-ayear's notice to quit, in his own name. Pleasant v. Benson, 14 East, 234.

If a landlord lease for seven years by parol, and agree that the tenant shall enter at Lady-day, and quit at Candlemas; though the lease be void by the Statute of Frauds as to the duration of the term, the tenant holds under the terms of the lease in other respects, and therefore the landlord can only put an end to the tenancy at Candlemas. 5 T. R.

471.

Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit, because the lease is of course at an end, unless the parties come to a fresh agreement. 1 T. R. 54, 159, 162, 165. But a demand of possession, and notice in writing, are necessary to entitle the landlord to double rent or value. 8 East, 358. In the case of a tenancy from year to year, there must be half-a-year's notice to quit, ending at the expiration of the year; six cacalendar months' notice is not sufficient. And there is no distinction between houses and lands as to the time of giving notice to quit. 1 T. R. 54, 159, 162, 163.

If a tenant hold under an agreement for a lease at a yearly rent, by which it is stipulated that an agreement shall continue for the life of the lessor, and that a clause shall be inserted in the lease, giving the lessor's son power to take the house for himself when he came of age, the son must make his election in a reasonable time after he comes of age. The delay of a year is unreasonable, and the tenant cannot be ejected upon half a year's notice to quit, served after such a delay; but if the son had elected within a week or a fortnight, that would have been reasonable. 2 T. R. 436.

Under an agreement of demise, dated in January, of a dwelling-house, land, &c. to carry on a manufacture, to commence as to the land on 25th December last, and as to the rest of the premises from the 1st May: held that a notice to quit served on 28th September, to quit at the expiration of the current year of holding, was good. Doe d. Bradford v. Watkins et al., 7 East, 551. See 11 East, 498.

A notice to quit the T. B. (the name of a farm) where the principal mansion was, must be intended to mean T. B. cum sociis. 14 East, 245.

Tenant from year to year before a mortgage or grant of the reversion, is entitled to six months' notice to quit, before the end of the year, from the mortgagee or grantee. 1 T. R. 380, 382. But ejectment will lie by a mortgagee against a tenant, under a lease from a mortgagor, made subsequent to the mortgage, without notice to quit. Ketch v. Hall, Dougl. 21. And see Ejectment, V.

Where an infant becomes entitled to the reversion of an estate leased from year to year, he cannot eject the tenant without giving the same notice to quit as the original lessor must have given. 3 T. R. 159.

Where a landlord, about to sell his premises, gave his tenant a regular notice to quit, but promised not to turn him

out unless they were sold: held that the tenant was bound to quit after the expiration of six months from the service of the notice, whenever desired by his landlord, and that if he did not, he was a trespasser. 10 East, 13. has a

Where the tenant of an estate holden by the year dwelling-house at another place, the delivery of a notice to quit, to his servant at the dwelling-house, is strong presumptive evidence that the master received the notice, and ought to be left to the jury. 4 T. R. 464.

If notice to quit at Midsummer be given to a tenant holding from Michaelmas, he may insist on the insufficiency of the notice at the trial, though he did not make any objection at the time it was served. 4 T. R. 361.

Since the new stile, a demise of land to hold from the Feast of St. Michael, means from new Michaelmas, and cannot be shown by extrinsic evidence to refer to old Michaelmas; and a notice to quit at old Michaelmas, though given half a year before new Michaelmas, is bad. 11 East, 312. But in this case the demise was by deed; where, however, the tenant held under a written agreement, not under seal, from Lady-day, a notice to quit on the 6th April was held good, it being proved by parol evidence, which was admissible, that the parties meant old Lady-day. Doe v. Benson, 4 B. & A. 588.

It seems that a receiver appointed by the Court of Chancery, with authority to let lands from year to year, may also determine such tenancies by a regular notice to quit. 12 East,

57.

Under a proviso that either the landlord or the tenant, or their respective executors or administrators, might determine a lease at the end of fourteen years, by six months' notice in writing under his or their hands; a notice signed by two only of these executors, on behalf of themselves and the third executor, was held not to be good, although the third executor joined in the ejectment. 5 East, 491.

rent for twenty years past, must be reserved yearly on such lease: 9th, such lease must not be made without impeachment of waste. These are the guards imposed by the statute (which was avowedly made for the security of farmers, and the consequent improvement of tillage,) to prevent unreasonable abuses, in prejudice of the issue, the wife, or the successor, of the reasonable indulgence here given.

Next follows, in order of time, the disabling or restraining statute, 1 Eliz. c. 19. (made entirely for the benefit of the successor) which enacts, that all grants by archbishops and bishops (which include even those confirmed by the dean and chapter, the which, however long and unreasonable, were good at common law), other than for the term of twenty-one years, or three lives, from the making, or without reserving the usual rent, shall be void. Concurrent leases, if confirmed by the dean and chapter, are held to be within the exception of this statute, and therefore valid, provided they do not exceed, together with the lease in being, the term permitted by the act. Co. Lit. 45. But by a saving expressly made, this statute of 1 Eliz. did not extend to grants made by any bishop to the crown; by which means Queen Elizabeth procured many fair possessions to be made over to her by the prelates, either for her own use, or with intent to be granted out again to her favourites, whom she thus gratified without any expense to herself: to prevent which for the future, the 1 Jac. 1. c. 3. extends the prohibitions to grants and leases made to the king, as well as to any of his subjects. 11 Rep. 71.

Then came 13 Eliz. c. 10. explained and enforced by 14 Eliz. c. 11, 14; 18 Eliz. c. 11; 43 Eliz. c. 29., which extend the restrictions laid by the 1 Eliz. c. 19. on bishops, to certain other inferior corporations, both sole and aggregate. From laying all which together, we may collect, that all colleges, cathedrals, and other ecclesiastical or eleemosynary corporations, and all parsons and vicars, are restrained from making any leases of their lands, unless under the following regulations: 1st, they must not exceed twenty-one years or three lives, from the making: 2d, the accustomed rent, or more, must be yearly reserved thereon (and they must be of lands, &c. which have been before demised, 1 Bing. 28): 3d, houses in corporations or market towns may be let for forty years, provided they be not the mansion-houses of the lessors, nor have above ten acres of ground belonging to them, and provided the lessee be bound to keep them in repair; and they may also be aliened in fee-simple for lands of equal value in recompence: 4th, where there is an old lease in being, no concurrent lease shall be made, unless where the old one will expire within three years: 5th, no lease, by the equity of the statute, shall be made without impeachment of waste; Co. Lit. 45: 6th, all bonds and covenants tending to frustrate the provisions of the 13 & 18 Eliz. shall be void.

II. The enabling statute, 32 Hen. 8. c. 28. empowers three manner of persons to make leases, to endure for three lives or one-and-twenty years, which could not do so before; as, first, tenant in tail may by such leases bind his issue in tail, but not those in remainder or reversion: secondly, a husband seised in right of his wife, in fee-simple or fee-tail, provided the wife joins in such lease, may bind her and her heirs thereby lastly, all persons seised of an estate in feesimple in right of their churches, which extends not to parsons and vicars, may (without the concurrence of any other person) bind their successors. But then many requisites must be observed, which the statute specifies, otherwise such leases are not binding. Co. Lit. 44. 1st, the lease must be by indenture, and not by deed-poll or parol: 2d, it must begin from the making, or day of the making, and not at any greater distance of time: 3d, if there be any old lease in being, it must be first absolutely surrendered, or be within Concerning these restrictive statutes two general observaa year of expiring: 4th, it must be either for twenty-one tions are to be made. First, That they do not, by any conyears or three years, and not for both: 5th, it must not ex-struction, enable any persons to make such leases as they ceed the term of three lives, or twenty-one years, but may he were by common law disabled to make. Therefore a parson or for a shorter time: 6th, under this statute, 32 Hen. 8. it must vicar, though he is restrained from making longer leases than have been of corporeal hereditaments and not of such for twenty-one years or three lives, even with the consent of things as lie merely in grants; for no rent can be reserved the patron and ordinary, yet is not enabled to make any lease thereout by the common law, as the lessor cannot resort to at all, so as to bind his successor, without obtaining such conthem to distrain; but now by the statute 5 Geo. 3. c. 17. a sent. Co. Lit. 44. Secondly, That though leases contrary lease of tithes or other incorporeal hereditaments alone may to these statutes are declared void, yet they are good against be granted by any bishop or any such ecclesiastical or eleemo- the lessor, during his life, if he be a sole corporation; and synary corporation, and the successor shall be entitled to reare also good against an aggregate corporation, so long as cover the rent by an action of debt, which (in case of a the head of it lives, who is presumed to be the most confreehold lease) he could not have brought at the common cerned in interest. For the statute was intended for the law: 7th, it must be of lands and tenements most com- benefit of the successor only; and no man shall take an monly letten for twenty years past; so that if they had been advantage of his own wrong. Co. Lit. 45; 2 Comm. c. 20. let for above half the time (or eleven years out of the twenty) either for life, for years, at will, or by copy of court-roll, it is sufficient: 8th, the most usual and customary form of

The power of leasing lands belonging to hospitals and houses for the poor, is further restrained by the 39′Eliz. c. 5. § 2. whereby all leases, grants, conveyances, or estates made

by any corporation so to be founded, exceeding twenty-one years, and that in possession, and whereupon the accustomable yearly rent, or more by the greater part of twenty years' rent before the making of such lease, shall not be reserved and yearly payable, shall be void.

Where a new thing is demised with lands accustomably let, though there be great increase of rent, the lease is void but more rent than the accustomed rent may be reserved. 5 Rep. 5; 6 Rep. 37.

By the 39 & 40 Geo. 3. c. 41. where any part of the possessions of any archbishop, bishop, master and fellows, dean and chapter, master or guardian of any hospital, or any other person or persons, or body or bodies politic or corporate, having any ecclesiastical living, shall be demised by several leases which were formerly demised by one lease under one rent; or where a part shall be demised for less than the ancient rent, and the residue shall be retained in the possession of the lessor; the several rents reserved on the separate demises of the specific parts shall be taken to be the ancient rents within the meaning of the 32 Hen. 8. c. 28; 1 Eliz. c. 19; 13 Elix. c. 10; and 14 Elia. c. 11.

A guardian during the minority of an infant tenant in tail, who was but one year old, made a lease for twenty years, and it was adjudged not good by the 32 Hen. 8. c. 28. to bind the issue in tail; and it is the same in the case of tenant in dower, tenant by the curtsey, or husband seised in right of his wife, because they have no inheritance. Dyer, 271.

If a lease of the wife's land is not warranted by the statute, it is a good lease against the husband, though not against the wife: the husband and wife cannot bind him in reversion or remainder. 1 Inst. 362.

A lease by the husband of a feme covert's estate, though not within 32 Hen. 8. c. 28. is only voidable. But a mortgage of a feme covert's estate, though in form of a lease, is void. Dougl. 53, 54. in n.

If a bishop have two chapters, as there may be two or more to one bishoprick, both chapters must confirm leases made by the bishop. 1 Inst. 131. A lease by a bishop made to begin presently for twenty-one years, when there is an old lease in being, is good, notwithstanding the statute of 1 Eliz. c. 19; Moor Cas. 241. But if such lease is to commence at a day to come it will be void. 1 Leon. 44. Lease for three lives by a bishop of tithes, is void against the successor, although the usual rent be duly reserved. Moor Cas. 1078.

Leases of a dean and chapter are good, without confirmation of the bishop. Dyer, 273; 2 Nels. Abr. 1096. Where there is a chapter and no dean, they may make grants, &c. and are within the statute. 1 Mod. 204. A prebendary is seised in right of the church within the equity of the statute 32 Hen. 8. c. 28; 4 Leon. 51. A prebendary's lease confirmed by the archbishop, who is his patron, is good, without confirmation of dean and chapter. 3 Bulstr. 290. But where a prebendary made a lease for years of part of his prebend, and this was confirmed by the dean and chapter, because it was not confirmed likewise by the bishop, who was patron and ordinary of the prebend, the lease was adjudged void. Dyer, 60. If a prebend hath rectories in two several dioceses belonging to his prebend, and his lease of them is confirmed by the bishop, dean, and chapter of the diocese of which he is prebendary, it is good, though not confirmed by the other. Sid. 75.

A chancellor of a cathedral church may make a lease, and it is said it will be good against the successor, though not confirmed, &c. Sid. 158. If a parson or vicar makes a lease for life or years, of lands usually letten, reserving the customary rent, &c. it must be confirmed by the patron and ordinary, for they are out of the statute 32 Hen. 8. c. 28. And if the parson and ordinary make a lease for years of the glebe to the patron, and afterwards the patron assigns this lease to another, such assignment is good, and is a confirmation of that lease to the assignee. 5 Rep. 15. Ancient covenants in

former leases may be good to bind the successor, so as to discharge the lessee from payment of pensions, tenths, &c. but of any new matter they shall not. 1 Vent. 223.

A lease for years of a spiritual person will be void by his death, if it is not according to the statutes; and a lease for life is voidable by entry, &c. of the successor; and so in like cases leases not warranted by statute are void or voidable on the deaths of their makers: acceptance of rent on a void lease shall not bind the successor. 2 Cro. 173.

If a bishop be not bishop de jure, leases made by him to charge the bishoprick are void, though all judicial acts by him are good. 2 Cro. 353. And where a bishop makes a lease, which may tend to the diminution of the revenues of the bishoprick, &c. which should maintain the successor; there the deprivation or translation of the bishop is all one with his death. 1 Inst. 329.

A manor belonging to a bishop's see had been usually leased out for lives at a certain rent-the bishop grants a lease excepting the demesnes, but reserving the whole of the former rent, and received only part of it in payment according to the proportion, deducting for the demesnes excepted. The successor was held to be entitled to the full rent reserved under the lease. Dyke v. Bath and Wells (Bishop,) Parl. Cases, tit. Rent, Case 1.

There is yet another restriction with regard to college leases by 18 Eliz. c. 6. which directs that one-third of the old rent then paid should for the future be reserved in wheat or malt, reserving a quarter of wheat for each 6s. 8d. or a quarter of malt for every 5s.; or that the lessees should pay for the same according to the price that wheat and malt should be sold for, in the market next adjoining to the respective colleges, on the market day before the rent becomes due. This is said to have been an invention of Lord Treasurer Burleigh and Sir Thomas Smith, then principal secretary of state; who observing how greatly the value of money had sunk, and the price of all provisions risen, by the quantity of bullion imported from the new-found Indies, which effects were likely to increase to a greater degree, devised this method for upholding the revenues of colleges. Their foresight and penetration have, in this respect, been very apparent: for though the rent so reserved in corn was at first but one-third of the old rent, or half of what was still reserved in money, yet now the proportion is nearly inverted, and the money arising from corn-rents is, communibus annis, almost double to the rents reserved in money. 2 Comm. c. 20.

It has been observed that the price of a quarter of wheat brings at present near 50s. and the colleges receiving onethird of their rent in corn, i. e. a quarter of wheat, or its value, for every 13s. 4d. which they are paid in money, it follows, that the corn-rent will be in proportion to the money-rent, nearly as four to one. But these rents united are very far from the present value. Colleges, therefore, in order to obtain the difference, generally take a fine upon the renewal of their leases. It was a great object in colleges to restrain those in possession from making long leases, and impoverishing their successors, by receiving the whole value of the lease by a fine at the commencement of the term. The corn-rent has made the old rent approach in some degree nearer to its present value: otherwise it should seem the principal advantage of a corn-rent is to secure the lessor from the effect of a sudden scarcity of corn. Christian's Note to 2 Comm. c. 20. p. 322.

The leases of beneficed clergymen are farther restrained in case of their non-residence, by 13 Eliz. c. 20; 14 Eliz. c. 11; 18 Eliz. c. 11; 43 Eliz. c. 9; which direct, that if any beneficed clergyman be absent from his cure above fourscore days in any one year, he shall not only forfeit one year's profit of his benefice, to be distributed among the poor of the parish, but that all leases made by him of the profits of such benefice, and all covenants and agreements of a like nature, shall cease and be void; except in the case of licensed plu

ralists, who are allowed to demise the living on which they are non-resident, to their curates only; provided such curates do not absent themselves above forty days in any one year. On these statutes it has been determined, that where an incumbent has leased his rectory, and had been afterwards absent for more than eighty days in a year, his tenant could not maintain an ejectment against a stranger who had got into possession without any right or title whatever. 2 Term Rep. 749. If the curate leases over, the lease will become void by his absence; but not by the absence of the incumbent. Gibs. 740.

But now, by 57 Geo. 3. c. 99. these statutes are repealed as far as relates to spiritual persons holding farms, and to leases of benefices and livings, and to buying and selling, and to the residence of spiritual persons on their benefices.

By 13 Eliz. c. 20. it is enacted that all chargings of benefices with cure with any person, or with any profit out of the same, to be yielded or taken, other than rents to be reserved upon leases thereafter to be made according to the meaning of the act, should be utterly void. By the 43 Geo. 3. c. 84. § 10. this act, and the statutes explaining and continuing it, were wholly repealed; but by the 57 Geo. 3. c. 99. §1. (taking effect 10th July, 1817,) the 43 Geo. 3. c. 84. was in its turn repealed. The effect, therefore, of the 57 Geo. 3. c. 99. § 1. is to revive the clause of the 13 Eliz. c. 20. as to chargings of benefices, and consequently a demise by a parson of his benefice subsequent to the 57 Geo. 3. c. 99. for securing an annuity, is void, it being in substance a charging of the benefice. 10 Barn. & C. 241. And so also a warrant of attorney for securing an annuity charged on a

unlawful, because after he had accepted the rent he is barred. 5 Rep. 113; Wade's case.

Acceptance of the next rent due, at a day afterwards, will bar one to enter for a condition broken before by reason of non-payment of the rent; because the lessor thereby affirmeth the lease to have continuance. Co. Lit. 211. And taking a distress affirmeth the continuance of the rent; but if rent was due at a day before, and thereby the condition was broken, one may receive the rent, and yet re-enter; and if he accept of part of the rent, he may enter for a condition broken, and retain the lands until he has the whole rent. 3 Rep. 64; Co. Lit. 203.

If an infant accepts of rent at his full age, it makes the lease good, and shall bind him. Plow. 418.

If a lessor accepts of rent from an assignee, knowing of the assignment, it bars him from action of debt against the lessee, for the privity of contract is extinguished: but after such acceptance, the lessor or his assigns may maintain an action against the first lessee upon his covenant for payment of the rent. 1 Saund. 241: 3 Rep. 24. But acceptance of rent from the assignee has been adjudged a sufficient notice of the assignment, so that the lessor could not resort to the first lessee. 2 Bulst. 151.

Lessee for years assigned his term, and died intestate; the lessor brought debt against his administrator, who pleaded the assignment, and that the plaintiff had notice, and had accepted the rent of the assignee; adjudged, that by the death of the lessee, the privity of contract was determined, and the action would not lie against the administrator. Cro. Eliz. 3 Rep. 24.

715 cited in Walker's case. might 71

obtain a sequestration. 1 Barn. & Adol. 673. But a demise of a rectory for securing an annuity made between the passing of the 43 Geo. 3. c. 84. (7th July, 1803,) and of the 57 Geo. 3. c. 99. is valued. 6 Barn. & C. 126. And so also is an assignment made, after the passing of the last acts, of a term granted between the passing of the two acts for securing an annuity out of a benefice for the term when created, was legal, and the assignment is only a continuance of the same security. 9 Barn. & C. 344.

Tenant for life makes a lease for years to commence on a certain day, and dies before the expiration of the lease, in the middle of a year. The remainder-man receives rent from the lessee, who continues in possession (but not under a fresh lease,) for two years together, on the days of payment mentioned in the lease. This is evidence from which an agreement will be presumed between the remainder-man and the lessee, that the lessee should continue to hold from the day and according to the terms of the original demise; and notice to quit on that day is proper. 1 H. Black. 97.

2. If a parson, &c. makes a lease for years not warranted by the 32 Hen. 8. c. 34., but it is void by his death; acceptance of rent by a new parson or successor will not make it good. 1 Saund. 241. And if a tenant for life makes a lease for years, there no acceptance will make the lease good, because the lease is void by his death. Dyer, 46, 239.

Tenant in tail made a lease for years, rendering rent to

III. 1. If a bishop, before the statute 1 Eliz. c. 19. § 5. leased part of his bishoprick for term of years, reserving rent, and then died, and after another was made bishop, who accepted and received the rent when due; by this acceptance the lease was made good, which otherwise the new bishop might have avoided. It is the same if baron and feme, seised of lands in right of the feme, join and make a lease or feoff-him and his heirs, and died; his son and heir accepted the ment, reserving rent, and the baron dies, after whose death the feme receives or accepts the rent; by this the lease or feoffment is confirmed, and shall bar her from bringing a cui in vita. Co. Lit. 211. Tenant in tail made a lease for years, rendering 20s. rent, and afterwards released 19s. and died; the issue in tail accepted the 12d. rent; the better opinion was, that by the acceptance of the shilling for rent he had affirmed the lease, and could not distrain for the 19s. rent. Dyer, 304. Tenant for life, remainder in tail; a stranger levies a fine to him in remainder, who leased the lands to the conusor, rendering rent, the tenant for life died, and the issue in tail accepted the rent; adjudged, that by the fine and acceptance of the rent, the lease was affirmed. Dyer, 299. See Smith v. Stapleton, Plowd. 426, 434.

Lord and tenant; the rent is behind many years, the tenant made a feoffment in fee, and the lord accepted the rent of the feoffee which became due in his time; adjudged, that by such acceptance he shall lose all the arrearages, and cannot avow for the same. 3 Rep. 65; Penant's case. Lease for years, rendering rent, with a clause of re-entry; the lessee paid the rent, which the lessor accepted and put into a bag, but afterwards finding brass money amongst it, he refused to carry it away, and entered for the condition broken; but adjudged

rent, and was afterwards executed for treason, leaving issue a son; the king accepted the rent, but that did not make the lease good, the lands being in his hands by the attainder, and not in the reverter. Dyer, 115. Lease for years, with condition that the lessee shall not alien or assign, without the assent of the lessor, and if he did, that then the lessor should re-enter, he assigned part of the land without assent, &c. and then the lessor, before notice of the assignment, accepts the rent, and afterwards entered for the condition broken; and adjudged lawful; for the condition being collateral, he might assign the land so secretly, that it may be impossible for the lessor to know it. 3 Rep. 65; Penant's case; Cro. Eliz.

553. S. C.

Lease for twenty-one years, rendering rent, on condition, that if the lessee did let any part of it above three years, then the lease may be void, and that the lessor might enter; he let it out for three years, and so from three years to three years, during the term of twenty-one years, if he so long lived; the lessor accepted the rent of the assignee, and afterwards entered this was a breach of the condition, and the acceptance of it afterwards did not dispense with it, because the original lease was void and determined. Cro. Car. 368. If tenant in tail make a lease for years to commence after his

death, rendering rent, in such case acceptance of rent by the issue will not make the lease good to bar him, because the lease did not take effect in the life of his ancestor. Plowd. 418.

Where one in remainder, after the expiration of an estate for life, gave notice to the tenant to quit on a certain day, and afterwards accepted half a year's rent; such acceptance being only evidence of a holding from year to year is rebutted by the previous notice to quit, and therefore the notice remains good. See 1 T. R. 161.

The lessor's receiving rent after a forfeiture is no waiver, unless the forfeiture were known to him at the time. 2 T. R. 425; 6 T. R. 220; 3 Taunt. 78.

A lease void in its creation as against a remainder-man, does not become valid in law by his accepting rent, and suffering the lessee to make improvements after his remainder vests in possession; though it seems that in such case equity would afford relief. See Doe v. Butcher, Dougl. 5054, in n.

Where a lease is ipso facto void by the condition or limitation, no acceptance of rent afterwards can make it have continuance as between the grantor and grantee; but it is otherwise of a lease voidable only. See Dougl. 578, in n. See further on this subject, Covenant, Disclaimer, Distress, Ejectment, Forfeiture, Injunction, Rent, Replevin, &c.

LEASES OF THE KING. Leases made by the king, of part of the duchy of Cornwall, are to be for three lives, or thirty-one years, and not to be made dispunishable of waste, whereon the ancient rent is to be reserved; and estates in reversion, with those in possession, are not to exceed three lives, &c. See 13 Car. 2. c. 4.

cases a pepper-corn rent in the lease for a year is a sufficient reservation to raise an use, to make the lessee capable of a release. 2 Vent. 35; 2 Mod. 262.

Blackstone says, this species of conveyance was first invented by Serjeant Moore, soon after the Statute of Uses, and is now the most common of any, and therefore not to be shaken; though very great lawyers, as particularly Mr. Noy, attorney-general to King Charles I., formerly doubted its validity. 2 Mod. 252. It is thus contrived: a lease, or rather bargain and sale upon some pecuniary consideration for one year, is made by the tenant of the freehold, to the lessee or bargainee. Now this, without any enrolment, makes the bargainor stand seised to the use of the bargainee, and vests in the bargainee the use of the term for a year; and then the statute immediately annexes the possession. He therefore being thus in possession is capable of receiving_a release of the freehold and reversion, which must be made to a tenant in possession, and accordingly the next day a release is granted to him. This is held to supply the place of livery of seisin, and thus a conveyance by lease and release is said to amount to a feoffment. Co. Lit. 270; Cro. Jac. 604. The form of this conveyance is originally derived to us from the common law; and it is necessary to distinguish in what respect it operates as a common law conveyance, and in what manner it operates under the Statute of Uses. At the common law, where the usual mode of conveyance was by feoffment with livery of seisin, if there was a tenant in possession, so that livery could not be made, the reversion was granted, and the tenant attorned to the reversioner. As by this mode the reversion or remainder of an estate might be conveyed without livery, when it depended on an estate previously existing, it was natural to proceed one step further, and to create a particular estate for the express and sole purpose of conveying the reversion; and then by a surrender or release, either of the particular estate to the reversioner, or of the reversion to the particular tenant, the whole fee vested in the surrenderee or releasee. It was afterwards observed, that there was no necessity to grant the reversion to a stranger; and that if a particular estate was made to the person to whom it was proposed to convey the fee, the reversion might be immediately released to him, which release, operating by way of enlargement, would give the releasee (or relessee as he is sometimes termed) a fee. In all these cases, the particular estate was only an estate for years; for at the common law the ceremony of livery of seisin is as necessary to create even an estate of freehold, as it is to create an estate of inheritance. Still an actual entry would be necessary on the part of the particular tenant; for without actual possession the lessee is not capable of a release operating by way of enlargement. But this necessity of entry for the purpose of obtaining the possession, was LEASE AND RELEASE. A conveyance of the fee- superseded or made unnecessary by the Statute of Uses, (27 simple, right, or interest in lands or tenements under the Hen. 8. c. 10. above alluded to); for by that statute the Statute of Uses, 27 Hen. 8. c. 10. giving first the possession, possession was immediately transferred to the cestui que use; and afterwards the interest, in the estate conveyed. Though so that a bargainee under that statute is as much in possesthe deed of feoffiment was the usual conveyance at common sion, and as capable of a release before or without entry, as law, yet, since the Statute of Uses, 27 Hen. 8. c. 10. the a lessee is at the common law after entry. All, therefore, conveyance by lease and release has taken place of it, and that remained to be done to avoid, on the one hand, the neis become a very common assurance to pass lands and tene- cessity of livery of seisin from the grantor, and to avoid, on ments; for it amounts to a feoffment, the use drawing after the other, the necessity of an actual entry on the part of the it the possession without actual entry, &c. and supplying the grantee, was, that the particular estate (which, for the reaplace of livery and seisin, required in that deed: in the sons above mentioned, should be an estate for years,) should making it, a lease or bargain and sale for a year, or such like be so framed as to be a bargain and sale within the statute. term, is first prepared and executed," to the intent," as is Originally it was made in such a manner as to be both a expressed in the deed, "that by virtue thereof the lessee lease at the common law, and a bargain and sale under the may be in actual possession of the land intended to be con- statute, but as it is held, that where conveyances may opeveyed by the release; and thereby, and by force of the sta-rate both by the common law and statute, they shall be contute 27 Hen. 8. c. 10. for transferring of uses into possession, be enabled to take and accept a grant of the reversion and inheritance of the said lands, &c. to the use of himself and his heirs for ever:" Upon which the release is accordingly made, reciting the lease, and declaring the uses: and in these

All leases and grants made by letters-patent, or indentures under the great seal of England, or seal of the Court of Exchequer, or by copy of court-roll, according to the custom of the manors of the duchy of Cornwall, not exceeding one, two, or three lives, or some term determinable thereon, &c. are confirmed; and covenants, conditions, &c. in leases for lives or years, shall be good in law, as if the king were seised in fee simple. 1 Jac. 2. c. 9. See 5 & 6 W. & M. c. 18; 12 Ann. c. 22. Leases from the crown of lands in England and Wales, and under the seals of the duchy of Lancaster, &c. for one, two, or three lives, or terms not exceeding fifty years, allowed time for enrolment, &c. by 10 Ann, c. 18. Leases made by the Prince of Wales of lands, &c. in the duchy of Cornwall, for three lives, or thirty-one years, on which is reserved the most usual rent paid for the greatest part of twenty years before, shall be good against the king, the prince, and their heirs, &c. and the conditions of such leases be as effectual as if the prince had been seised of an absolute estate in fee-simple in the lands. 10 Geo. 2. c. 29. See Cornwall, King.

sidered to operate by the common law, unless the intention of the parties appears to the contrary, it became the practice to insert, among the operative words, the words bargain and sell; (in fact, it is more accurate to insert no other operative words;) and to express that the bargain and sale, or lease,