fident to their eurates only; provided fuch curates do not abfent themselves above forty days in any one year. 9. Infants or fuch as are under the age of twenty-one 3 Bac. Abr. years may make leafes, but they may avoid them on their 304. attaining their full age. 3 Bac. Abr. 405. 6 Co. 63. 2 Roll. Abr. 497 Leon. 177. 10. Executors and administrators, as they may difpofe of terms abfolutely vefted in them in right of their teftators or inteftates, fo may they leafe the fame for any fewer number of years; and the rent referved on fuch leafes fhall be aflets in their hands and go in a course of administration. II. If a tenant for life in lands, &c. leafe the fame for a Dyer 251. certain number of years, and the leffee afsign such lands by parol without deed, rendering rent, though fuch affignment operates as a furrender, yet it is not an express surrender; (a) and if the rent reserved thereon was not good by way of refervation, yet it shall be deemed good by way of con- Dyer 140. tract.-But if a leffee for years accept a new leafe from his leffor it will be a furrender in law, for this affirms him able to make a lease, although the new lease be for a lefs term, or by parol, when the firft leafe was by indenture, and although the new lease be with a defeazance, upon a condition fubfequent performed, or to commence at a future day. Plowd. 106. 5.11. Cro. El. 522. Cro. Jac. 84. 5 Com. Dig. 513. 2 Roll. Abr. 851. 3 Bac. Abr. 12. A leafe made by the leffor to the leffee, from year to 6 Co. 35. year during their mutual pleasure, is, after entry made, not only a leafe for that year but from year to year until half a year's warning be given by one of the parties to the other 432. of quitting the farm; and if the tenant in fuch case die inteftate his administrator has the fame intereft in the land which his inteftate had. 13. A leafe can only be made void by the leffor, and that is, by his entry. It may be made voidable by the Laches of the leffee, in not paying his rent according to the covenants therein; but if the leffor afterward accept the rent, that which was before voidable becomes a good leafe by fuch acceptance. 2 Salk. 413. 3 Term Rep. 13. Cro. El. 555. 2 Com. Dig. 14. A leffor of lands, tenements, &c. for a term 3 Co. 23. of years may maintain an action of debt for rent against the executor or adminiftrator of his leffee, after affignment 641, 642. (a) By 29 Car. 2. c. 3. No leafe, eftate, or interest of freehold or term of years, or any uncertain intereft, not being copyhold, in or out of any manors, lands, &c. fhall be furren dered unless by deed or note in writ- C 3 made Co. Lit. 310. 640. Co. Lit. 4. made by him of such leafe; for the affignment is not good till notice thereof to, and affent by, the leffor; as by accepting the arrears of rent. AND NOTE: If no arrears be due, no notice is necessary. 15. If a leffor grant a term at a referved rent,and afterward affign such rent, and the leffee attorn tenant (a) to such asfignee, he may maintain a distress or an action of debt against the leffee for the rent referved, when in arrear. 16. Under the name of land, are understood not only gardens, meadows, pastures, rivers, woods, moors, waters, 2 Bl. Com. 17. marthes, furze, heath, but meffuages, houfes, tofts, mills, castles, and other buildings; for they confift of two things; land which is the foundation, and structure thereupon; and therefore by the name of land, which is nomen generaliffimum every thing terreftrial will pafs. Co Lit. 55 17. If a perfon let lands, &c. at will, and afterward do 2 Bl. Com. 145. any act inconfiftent with fuch letting, the leffee may avail himself thereof to determine fuch holding.; thus if a leffor declare that the leffee fhall hold the premises no longer, the leffee, on knowledge and proof of these words, may deliver up poffeffion of the premises to the leffor. 2 Bl. Com. 324. 18. A leafe for a year, reserving a pepper-corn only, is held to operate as a bargain and fale, and makes the leffee capable of taking a release according to the tenure of the grant. 19. A leafe for ninety-nine years, to hold "if two perfons fo long live," without faying, " or either of them," will determine on the death of either. 20. A leafe although it be fealed and delivered by the leffor only, and not by the leffee, yet it is good, and will operate against the leffor; for he has thereby completed his part of the contract. 21. Where a lease for lands has an exception of a close or wood, if a paffage thro' the fame be abfolutely neceffary (a) By 4 & 5 Ann c. 16. All grants and conveyances of any ma. nors or rents, or of the reverfion or remainder of any meffuages or lands thall be good without attornment of the tenants; provided that no fuch tenant fhall be damaged by payment of rent to any fuch grantee or conu1or, or by breach of any condition for non-payment of rent before no tice given him of fuch grant by the conufee or grantor: And by 11 Geo. 2. c. 19. the attornments of tenants to ftrangers claiming title to the ef tate of their landlord fhall be abfolutely null and void to all intents and purposes whatfoever, and the poffeffion of their respective landlord or leffor, fhall not be changed or affected by fuch attornment; but that fhall not affect the validity of any attornment made in confequence of fome judgment at law or donee in equity, or made with the privity or confent of the landlord or leffor, or to any MORTGAGEE after the mortgage has become forfeited. Hargrave's Co. Lit. p. 309. a. for the tenant to come at the demifed premises, the law gives him a right of paflage through the fame, notwithstanding fuch exception. 22. Where a tenant for life, or years, removes his goods Stra. 717. out of the house or lands, and the leffor enters therein, this is no furrender of the leffee; but if he continue therein after demand made of the faid premises by the lefsee, an action of trespass will lie for fuch illegal entry. 23. If a man make a lease to another without any confideration, the leffee may feize to his own ufe; or if he make a lease to another, and to his heirs for any given term, intending that if the leffee die within that term, his heirs fhould, in that cafe, enjoy the premifes during that term, this demife is void; for if the leffee die, his executors, and not his heirs, fhall enjoy the term; for by the established laws of the land, all chattels devolve to the executor, and not to the heir. Plowd. 170. 24. By a demife of "a houfe with the appurtenances," Cro. Jac. 526. the orchard, gardens, yards, fhops, and curtilage pafs, but Cro. Car. 17. not land; for land, unless it be occupied with a houfe is not 57. confidered as properly appurtenant thereto; but if fuch de- 3 Com. Dig. mise have the words "with all lands thereunto belonging," " 443. the lands used therewith will pass. 25. If a man make a leafe for a longer term than he has therein, a court of equity will establish such lease for his term. 26. On a lease affigned to another, if the leffor accept rent of the affignee, it is a fufficient notice to him of the affignment, and he cannot afterward refort back to the firft leffee for the rent. Quare. 27. In a lease of a house, if the leffor except "two rooms and free paffage thereto," and the leffee affign such leafe, if the affignee disturb the leffor in fuch right of paffage, an action of covenant lies for fuch disturbance; but if the disturbance had been in the rooms excepted, no action of covenant would have lain, because they were not demifed; for where a leffee agrees to let the leffor have any thing out of a demife, as a way, common, &c. he has his redress by action of covenant. 2 Lev. 142. 171. See the cafe of Shaw. 28. If the leffee of a term put up any thing in a house for the convenience of his bufinefs, he may remove the fame at any time during the term; but what he does in beautifying the premises, he cannot remove; the general rule be- C. B. 258. C 4 ing 1 Term Rep. 3 Com. Dig. 443. Wilf. 176. 2 Will. 165. ing, that whatever is fixed on or to the freehold becomes part thereof, and reverts to the leffor. if 29. If a man let a parcel of land by the defcription of "all his meadow land in C. containing twenty acres," yet the fame should be forty acres, it will pafs by this demife. 30. Demites of lands, &'c. to take effect" from the day of the date," do not commence until the next day after the deed bears date; but if it be "to have and to hold from the date," or " from the making of the indenture," in either of these cafes, it operates immediately. A lease to hold "from henceforth" fhall be computed from the day of the delivery; and " from the making" fhall be taken inclufive of the day of the making; for the day of delivery is inclusive, and is confidered as the first day of the term: if it be made "To hold from the day of the date, or " the day of making," then the day of the date or making fhall be exclufive; but it is otherwise if To hold from the date and it be delivered on the fame day: And when a leafe is made to commence Co. Lit. 46. b. from a day to come that day is excluded. If an habendum of a lease be for a term of twenty-one years, without mentioning when the fame is to commence, it shall be held to begin from the delivery; or if a lease bear date on a day impoffible, if the fame be limited to begin from the date thereof, it shall take effect and commence from the delivery Co. Lit. 45. b. of fuch leafe as if there were no date thereto. If a man make a leafe to another for twenty-one years, and afterward make another lease to him, to commence from "the expiration of the first term," if the first lease be surrendered, the fecond fhall immediately commence; but it would have been otherwife if it had been to commence from "the end of the faid twenty-one years;" for in that cafe although there had been a furrender, yet fuch fecond leafe would not have commenced till the first term had expired, because the law makes a diftinction between a term and time of years. 31. Where leafes are made for a certain number of years, "if two or more perfons fo long live," this term ceases on the death of all the leffees. 32. A leafe for years does not by the words " demife, grant, and to farm let," empower the leffee to bring an ac tion of trefpefs, until he has taken actual poffeffion thereof; but the words, "bargain and fell," when for a pecuniary confideration, though ever fo fmall, give the party imme diate poffeffion as foon as the deed is executed, and enables him to bring the above action. (a) 33. On letting lands where there are mines underneath 5 Com. Dig. or trees thereon, the leffor cannot enter to take the fame 576. without being guilty of a trespass, unless he reserve to himfelf fuch a privilege on the demife; but if he enter grounds demifed by him to another, he is no trefpaffer; for the law will prefume that he entered to see if wafte was done. 34. The lofs of a lease does not affect the term demised 3 Term Rep. thereby, if the leffee can prove fuch term is still subsisting 151. and undetermined. 35. A leafe or deed may be dated as far back as the parties please before it is fealed, but it cannot be dated forwards. 36. The foundation of deeds ought to be good and honeft, and not to perfect any unlawful contract; and therefore by 27 Eliz. c. 4. All conveyances, grants, &c. made of lands or tenements to defraud any purchaser of the fame for a valuable confideration, as against fuch purchafer, and every other perfon lawfully claiming under him, shall be void. 37. All deeds, gifts, grants and leafes, made by a man 2 B!. Com. while under duress of imprisonment are voidable, not only 292. by the party making the fame, but by his heirs, and thofe who derive their eftates from him: And perfons unable to read are not compellable to do any act or deed without having a proper perfon with them, who can read and explain the fame; yet if they do fuch act it will bind them. 38. A tenant at will of lands, if his term be out, or he 2 B1. Com. be oufted thereof, if he fow fuch lands, fhall notwithstand- 145, 146. ing have liberty to reap and carry away his corn; but if he be tenant on a leafe for years, he fhall not have fuch privilege, because he knew when his leafe would determine, (b) and did it at his peril, unless such lease contains a co- (6) Vide ante venant, that the leffee fhall have his way-going crop; the P. 6. f. 9.. doctrine is, that a tenant at will, or his executors, shall be entitled only to fuch things on the land as bring a yearly profit :-But a custom that a tenant may leave his way-going (a) The reafon of this is that a bargain and fale raises a ufe by implication in the barginee, and then the ftatute of ufes 27 Hen 8. c. 10. immediately executes the ufe, that is, It conveys the posession to the use, and transfers the ufe into the poffeffion. crop |