CHAP. XXXVIII.

SAME SUBJECT.

Of Leases.

Derivation of the word "lease," 403. I. Circumstances requi-

site and incident to a lease 404. Technical words not necessary,

ib. It must have a certain beginning and end, 405. But, in par-

ticular cases, it may cease and revive again in several persona,

405. 6. At what time it shall commence, where the demise is, to

hold from the date, or day of the date, 407. Lease to hold, from

the making hereof, or from henceforth, begins from the delivery.

408. So where no time of commencement is mentioned, ib; or

when it bears a void or impossible date, ib.; or when it refers to a

void lease, or misrecites a subsisting lease, to hold from the ending

of the former lease, 403. 9. How the reservation of rent is to be

made: In respect of the things out of which it may be made, 410.

Must be out of lands or tenements, whereon a distress may be had,

ib.; though rent may be reserved on a demise of the vesture

or herbage of land, 411: or on a grant of a reversion, or a re-

mainder, &c., ib. In respect of the words by which it may

be made, ib. Diversity between a reservation and an exception,

412. Reservation of rent must be made to the lessor, and not to

a stranger, ib. Reservation of rent to one joint-tenant, on a joint-

lease, enures to both: unless by deed indented, ib. Diversity

between a reservation of rent to the lessor without saying," and

his heirs," and a reservation generally, where the lessor dies during

the term 413. The rent may be reserved every year, or every

two or three years, 414. Where the lessor is not seised of the

land, at the time of the demise, the lessee may plead nil habuit in

tenementis, 415; or non dimisit, &c., ib. Secus if the lease be by

deed indented. ib. II. Lease by estoppel, ib. Lease for years by

tenant pur autre vie, is void on death of cestui que vie, though the

lessor afterwards purchases the reversion, 416 Lease for years

by one having no interest, but who afterwards purchases the land,

is good by estoppel. 417. So where a man takes a lease of his

own land, rendering ren', ib. Secus as to a lease of the herbage,

ib. Estoppel determines by the ending of the term. 418. II. By

whom leases may be made, ib. By stat. 32 H. 8. tenants in tail

may make leases for three lives or twenty-one years, so as to bind

their issue, 419; and ecclesiastics, seised jure ecclesiæ, so as to

bind their successors, ib.; and husband and wife. seised jure uxo-

ris, &c., so as to bind her and their heirs, ib. Circumstances re-

quisite to these leases. 420 to 424. Parson and vicar not within

this statute, 425. By stat. 1 Eliz. 13 Eliz. and 1 Jac. ecclesiasti-

cal persons and corporations are disabled to make leases, except

for 21 years, or three lives, 426. Stat 32 H 8. not altered by the

disabling statute, ib. After lease for 21 years under the disabling

statutes, a concurrent lease for years to begin from the making is

good, ib.; secus if it be for life, 426, 7 Leases, &c. not warrant-

ed by these acts void, as against successors only, 428, 9. Lease by

tenant of the land, and a stranger, enures as the lease of the te-

nant only, and the confirmation of the stranger, 430. Lease by

two severa tenants of several lands, enures as several leases, &c.

431. Lease by tenant pur autre vie and remainder-man, enures as

the lease of the particular tenant during the life of cestui que vie, and afterwards as the lease of the remainder-man, 431. IV. Leases. when void or voidable. 432. Lease by infant at 15, though void at common law, may be good by custom, ib. Leases by tenants in tail, or persons seis d jure ecclesiæ, or jure uxoris, not warranted by enabling statutes, are voidable after the lessor's death, ib. Lease by tenant in tail according to the statute, the tenant in tail dying without issue, is void as to the reversioner, 433. Lease for so many years as lessor shall live, is void in præsenti, 433 to 442.

CHAP. XXXIX.

SAME SUBJECT.

Of Exchange.

I. Of what things an exchange may be made, 443. The things exchanged need not be in esse at the time of the exchange, ib. Transmutation of possession not requisite to an exchange, ib The things need not be of the same nature, so as they concern lands or tenements, ib. II. Circumstances requisite to an exchange, 444. The estates reciprocally given in exchange must be equal in quantity, ib. But it is not necessary that there should be equality in value, ib.; nor equality in quality, 445. The word "exchange" is requisite, 446. Execution must be had by entry or claim in the life of the parties, ib. The exchange must be by deed, in the case of things lying in grant, ib.; or where the lands lie in several counties, ib. But livery of seisin is not necessary to an exchange, 446, 7: though entry must be made, 448. Exchange by an infant is voidable only, ib. On an exchange warranty is implied, 448 to 450.

CHAP. XL.

SAME SUBJECT..

Of Releases.

The different kinds of releases, 451. Release in deed; by what words created, 452. Release in law, 453 to 455. What things may be released, 456. Release of a future right is not binding. Secus as to a vested right to take effect in futuro, ib.; or where a warranty is annexed to the release, 457. A bare authority cannot be released 458. Secus as to a power of revocation, ib. Neither can a possibility be released. 459. How a release is to be made, ib. Releases of land, ib. I. Release de mitter le droit, ib. To whom to be made, ib. Rel ase de mitter le droit to a person having a freehold in deed, or in law, is good, ib. So if the releasee have a reversion 461; or a remainder, 462. But if made to a person having only a bare right, it is void, ib. Exceptions to this rule, 463. Release de mitter le droit to the disseisor's lessee for life, is good (no privity being requisite). 464; secus if made to his lessee for years, ib. How it shall enure, 465. Release de mitter

le droit being made by disseisee to the disseisor, his estate be-

comes lawful, 465 So if made to one of two disseisors, it enures,

to him alone! ib. But if made to one of two feoffees of a dissensor,

it enures to both, ib. So if made to a reversioner or remainder-

man, it enures to the particular tenant, 466--et è converso, ib.

But a release to one of two disseisors after a lease for life, &c. by

them, enures to both, 467 So where the releasor had but a title

by force of a condition, ib.; or but a right to a moiety, 468; or

where the release is made to the husband of one of two disseisors,

ib. On release de mitter le droit by particular tenant to one of

his disseisors, it enures to both, ib.; unless the reversion be in the

king, 469; or the disseisin be only of an estate for life, ib; or

where the reversioner joins with the particular tenant in the re-

lease, ib. On release de mitter le droit to a subsequent disseisor,

it enures to him in exclusion of the others, 470. If made to the

alienee of disseisor's tenant for life, it enures to him in exclusion of

the disseisor, 471. Secus if the disseisee's entry was not lawful, ib.

On relea e de mitter le droit by disseisee's son (his entry being

lawful) to an abator of the heir of the disseisor, it enures as a bar

to the heir, 472 On release de mitter le droit to disseisor's fe-

offee on condition, the condition is not avoided, ib. On release de

mitter le droit to disseisor, rent-charges, &c. previously granted

by him, are not avoided, 473. Secus as to charges not created by

the releasee him elf 474. In what cases a release de mitter le

droit, shall not enure by way of entry and feoffinent, 475. Release

of right being made to a person having a defeasible possession, on

the possession being defeated, the right of the land follows the

right of possession. 476. Secus as to a release of right by the

donor to a discontinuée of an estate tail. 477; or where the right

was precedent to the defeasible estate, ib.; or being subsequent,

was transferred by act of law. 478. On release de mitter le droit

to the heir of the alienee of an infant disseisor, in a writ of right

brought by the disseisor against the heir, the mise being joined on

the mere right, it shall be found for the releasee. 479; though the

dissensor might have entered, 480 to 488. Release de mitter le

droit for an hour, is as good as if made in fee, 488. But it may be

made on condition, ib. II. R lease d'extinguisher le droit, 489.

To whom to be made, ib. Release of right of seignory by the lord

to his tenant being disseised, is good in respect of privity, ib. Di-

versity herein between a rent-service and a rent charge, 490; or

a bare right to land, 490 to 492. Release of right by the donor to

the donee in tail, &c being disseised, is good to extinguish the

rent, 492. So if made to donee in tail after a discontinuance by

him, ib. So a release to lessee for life, after a disseisin, enures to

extinguish the rent: though it cannot enure by way of enlargement,

493. Release of right of seignory by the lord to very tenant, after

feoffment in fee by him, is void. 493 to 496. Reason of the diver-

sity between this case, and that of a release to very tenant being

disseised, 497. How a release by way of extinguishment shall

enure, ib. On release of right of seignory by the lord to his te-

nant, the seignory is extinct as to all persons, ib. On release of

rent-charge, common of pasture, &c. to the terre-tenant, the rent-

charge. &c. is extinct as to all persons, ib. So if made to him in

reversion, in case of a joint grant of rent charge by the reversion-

er and the particular tenant, 498. Diversity herein between se-

veral estates in several lands, and several estates in one land, ib,

Release by way of extinguishment may be made to one whose es-

tate is suspended, ib. May be made for part of the estate, ib. So-

cus as to a release de mitter le droit, ib. Words of inheritance not

necessary to a release d'extinguisher le droit, ib. Secus as to re-

leases by way of enlargement, 499. III. Release d'enlargir l'es-

tate, ib. To whom to be made, ib Releasee must be in privity

to the releasor, ib. And have an actual estate to be enlarged,

500. A tenant merely in supposition of law, is not capable of a re-

lease d'enlargir, ib. So lessee for years before entry, having but

an interesse termini, is not capable of a release by way of enlarge-

ment, 501. Secus as to lessee for years in possession, after an un-

der lease by him. 502; or as to lessee for years in remainder, after

entry by the first lessee, ib. Diversity between a release d'enlar-

gir l'estate, and a release de mi ter le droit, to lessee for years be-

fore entry, ib. Release d'enlargir to tenant for life, before entry,

is good, 503. Release d'enlargir may be made to tenant by sta-

tute-merchant, &c. ib.; or to tenant at will, 504. Secus as to a

mere trespasser, 504, 5 or as to a tenant at sufferance, 506. But

■ cestui que trust, holding at the will of the trustees, is capable of

a release by enlargement, ib. How a release by enlargement shall

enure, 509 On release of all the right to tenant pur autre vie, an

estate for his own life passes, ib. So on a release of all the right to

lessee for years, an estate for life passes, ib. But to a release en-

larging an estate into a fee, words of inheritance are necessary, ib.

Diversity herein between a release de mitter le droit, and a release

d'enlargir l'estate, 511, 12. IV. Release de mitter l'estate, 513.

To whom to be made, and how it shall enure, 514. Husband and

wife and a third person, having a joint estate, a release by the

third person to the husband enures de mitter l'estate, ib. So if

made to the wife, ib. On release by one of three joint-tenants to

one of his companions, it enures de mitter l'estate, ib; but a re-

lease by one of two join-tenants to the other, does not to all pur-

poses enure de ritter l'estate, ib. On release by one of two co-

parceners to the other, it enures de mitter l'estate, ib. Words of

inheritance not necessary to a release de mitter l'estate, ib. But

privity of estate is requisite, 514, 515.

CHAP. XLI.

SAME SUBJECT.

Of a Confirmation.

Definition of a confirmation, 516. Its nature and operation, ib.

The different kinds, 517. I. Confirmation in deed, by what words

made, ib. II. Confirmation in law, by what words created, ib.

Operation of the word, "grant," 517 to 519.; "demise," 519.

"will," ib. On joint feoffment by disseisee and disseisor's heir, it

operates as to the disseisee, as a confirmation, ib On joint feoff-

ment by disseisor and disseisee, it operates as to the disseisor, as a

confirmation, 521. III. Confirmation, by and to whom to be made,

ib. Confirmation by the donor to the lessee for years of his te-

nant for life, is good, (though a release would be void), ib. Con-

firmation by the disseisee to his disseisor's lessee for years is good,

(secus as to a release), 522. Confirmation by infant lessor at full

age to the lessee of his tenant for years, is good, (secus as to a re-

lease), 523. Confirmation by patron and ordinary of a grant of

rent-charge by a parson, was good, (at common law), ib. Diver-

́sities as to confirmation of grants by ecclesiastical persons, at com-

mon law, 524, 5. Diversity between a confirmation of an estate,

and a confirmation of a deed, 526. Confirmation by donor of a

grant of rent-charge made by his tenant for life, is good, 527. Di-

versity herein where the determination of the rent is expressed in

the deed, and when it is implied in law, ib. IV. Confirmation, how

it shall enure, ib. When to the whole estate of the confirmee, ib.

On confirmation by disseisee to disseisor of his estate, it enures in

fee, though without words of inheritance, 528; and although made

in tail, or for life only, ib.; or but for an hour, ib. On confirmation

to disseisor's donee in tail of his estate for his life, it enures to the

whole estate tail, ib. Diversity herein between the confirmation

of a term for years, and that of an estate of freehold, ib. In re-

spect of other persons, 529. On confirmation of the estate of the

particular tenant, it does not enure to the remainder man, (secus

as to a release), ib. On confirmation of the estate of one joint te-

pant, it enures to both, 530. On confirmation of the estate of the

remainder-man, or reversioner, it enures to the particular tenant,

531. On confirmation of the estate of one of 'wo disseisors, it

enures to both, (though otherwise of a release), 532. Secus if the

habendum be to hold the land to him and his heirs, ib. When it

enures to enlarge the estate of the confirmee, 533. On confirma-

tion by one joint-tenant of the estate of his companion, his estate

is not enlarged, ib. Secus if the habendum be to hold the tene-

ments to him and his heirs, ib. On confirmation of the estate of

tenant for life, habendum his estate to him and his heirs, his estate

is not enlarged, 1b. Secus if it be to hold the land to him and his

heirs, 534 On confirmation to baron and feme lessee for life, for

their lives, the husband's estate is enlarged by way of remainder

for life, if he survive, 534. So if made to him and his heirs, it

enures to him in fee after her decease, 536. But on confirmation

to them and their heirs, it enures to them jointly in fee, and the

husband is seised in right of his wife for her life, ib. On lease to

husband and wife to hold one moiety to him for life, and the other

moiety to her for life, a confirmation to them and their heirs enures

to him in fee as to his moiety, and to them jointly as to the other

moiety, ib. But on such lease and confirmation to two men, they

are tenants in common of the inheritance, ib. So if the lessor

confirms to his lessee for life and remainder-man for life, to hold to

them and their heirs, ib. ; or where, after a gift in special tail to

two men, the donor confirms to them and their heirs, 537. On

confirmation to baron and feme lessee for years, for their lives, it

enures to them jointly for life, 537 On confirmation to tenant

for years, to hold the land for his life, &c. his estate is enlarged

for life, &c. 538. Secus if the confirmation be of his estate with-

out saying more, 539. Diversity herein in the case of a release,

ib. Confirmation of a grant of a rent newly created, to hold to

the grantee in fee, is void to enlarge his estate, ib. Secus in the

case of a rent-service or rent charge in esse, 540. V. Confirma-

tion of a rent-charge not avoided, though the estate out of which

it issued be afterwards defeated by the entry of the confirmor,

541; or by his recovery in an action, ib. VI. Confirmation does

not give distinct rights, 542. On confirmation by the lord of the

estate of his tenant, yet the seignory remains, ib. So in the case

of a confirmation of the estate of the tenant by the grantee of a

rent-charge, or common, yet the rent-charge, or common, remains,

ib. Diversity herein in the case of a release, ib. VII. Confirma-

tion does not extinguish a right in suspence, 543. VIII. On con-