T INTRODUCTION. HE relation which fubfifts between Landlord and Tenant, or, to use a synonimous but more technical expreffion, the privity which fubfifts between leffor and leffee, not only comprehends a very important part of human negotiation and the concerns of domeftic life, but occafionally gives rife to fome of the fubtleft queftions of the Englijh lao. Previous to the introduction of the feodal tenures into See Sir Martin this country, during the reign of William the Conqueror, tife on English Wright's Trealands and tenements were the abfolute or free property Tenures, p. 66. of their respective owners; but when that fyftem of law Montesquieu's was adopted, by the general affembly of the whole realm, Spirit of Laws, the nation as it were furrendered up all its allodial or free lands into the king's hands, who reftored them to the 2 Bl. Com. 50. owners as a beneficium or FEUD, to be held to them and fuch of their heirs as they previously nominated to the king. In B confequence b. 9. 31. c. 8. ib. (a) 12 Car. 2. 8. 24. confequence of this change, it became a fundamental maxim and neceffary principle, which, though in reality a mere fiction, ftill fubfifts in contemplation of law," that the king is the univerfal LANDLORD and original proprietor "of all the land in his kingdom, and that no man doth or can poffefs any part of it but what has mediately or "immediately been derived as a gift from him." The thing holden therefore, whether it confift of land or houses, is ftiled a tenement, the poffeffors thereof TENANTS, and the manner of their poffeffion a tenure. THE TENANTS who held under the king immediately, when they granted out portions of their lands, became also LANDLORDS with refpect to thefe inferior perfons, as they were still TENANTS with refpect to the king, who is ftiled THE LANDLORD para. mount, or above all; and thus partaking of a middle nature, were called mefne or middle lords. And in this manner are all the lands of the kingdom holden which are now in the hands of subjects. Avoiding therefore, as foreign to our prefent purpose, a detail of the feveral fpecies of tenures introduced with the feudal system, we shall content ourfelves with obferving, that the flavery and oppreffion which attended it was at length happily done away by the statute Charles the Second (a), which reduced all tenures in general, except Frankalmoin, Grand Sergeantry and Copyhold, to a well known species of tenure called free and Common Soccage; and proceed to defcribe, FIRST. The feveral kinds of tenures or estates now in ufe in this kingdom.-SECONDLY. The modes in which a title to an estate may be acquired by difcent.-THIRDLY. The feveral ways in which an estate may be purchased or conveyed by grant, leafe, &c.-FOURTHLY. The law of eftovers.-FIFTHLY. The law refpecting the receipt and payment of rents, iffuing from fuch eftates.-SIXTHLY. The means of recovering such rents by distress, or otherwife.--SEVENTHLY. The law and practice of replevin.EIGHTHLY. The law and practice of ejectments.NINTHLY. The forms of agreements for letting houses, apartments, &c. The forms of leases and other useful precedents. The forms of making memorials of leases, annuities, and other deeds, and of the manner of regulating the fame. ( I. CHAPTER THE SECOND. The different Kinds of Eftates. FEE-SIMPLE, is an estate of inheritance whereby a Co. Lit. 1. “Α perfon is feised of lands, tenements or heredita- 2 Inft 501. ments, to hold to him and his heirs for ever, generally, abfo- 4 Inft. 192. Plowd. 498. Wright's Tenures 58. 137. 2 Bl. Com. 48. II. A FEE QUALIFIED, is fuch a freehold eftate as has a Co. Lit. 27 qualification fubjoined to it, and which therefore muft determine whenever the qualification is at an end; thus if an eftate be granted to a man and his heirs tenants of the manor of Dale, the moment his heirs cease to be tenants of that manor, the grant is entirely defeated, and the estate gone. III. A FEE CONDITIONAL. This eftate was, at the common law, a fee restrained to fome particular heirs exclufive of others, as to the heirs of a man's body, or to the heirs male of his body, in which cafes it was held that as foon as the grantor had iffue born, the eftate was thereby converted into fee-fimple, at least so far as to enable him to fell it, to forfeit it by treason or to charge it with incumbrances. B 2 But Plowd. 251. I Co. 193. (a) 13 Edw. 1. But the ftatute de donis (a) having enacted, that fuch c. I. commonly eftates fo called the ftato a man and the heirs of his body," should given tute of Welt- at all events go to the iffue, if there were any, or if none, fhould revert to the donor, it was held that the donee had a new kind of particular eftate which the judges denominated minster the Second. Co. Lit. 186. 2 Inst. 331. 7 Co. 38. Co. Lit. c. 2. 11 Co. 80. Co. Lit. 28. Lit. § 52. IV. AN ESTATE IN TAIL; which is created by force of the above-mentioned ftatute of Westminster. Eftates tail are either general or Special. TAIL GENERAL, is where lands or tenements are given to one, and to the heirs of his or her body, lawfully begotten: But where lands or tenements are fettled on a man and his wife, and the heirs of their bodies between them two, lawfully to be begotten, this is a tenancy in SPECIAL TAIL. This tenure in Special tail may be varied, to the heirs male or female, according to the will of the donor, in whom the fee-fimple is vefted. An eftate in tail may be barred by a common recovery; and if the tenant in tail general, or special, die without iffue, the fee-fimple reverts to the donor, or his lawful heirs. V. AN ESTATE AFTER POSSIBILITY OF ISSUE EXTINCT. When an eftate is granted to a man and his wife in fpecial tail, if one of them die before they have iffue, the furvivor is tenant in tail after poffibility of iffue extinct; or if they have iffue, and fuch iffue die without iffue, this tenancy remains in the furviving donee. This estate must be created by the act of God, viz. the death of that perfon out of whose body the iffue was to fpring; and not by limitation of the party; ex difpofitione legis, and not ex proviJione hominis: a poflibility of iffue is always fuppofed to exift in law, even though the donees be each of them a hundred years old. This tenant is not punishable for wafte, but he forfeits the estate by an alienation in feemple; he may, however, exchange with a tenant for life; for, in general, the law looks upon this eftate as equivalent to an eftate for life only. If a man marry VI. AN ESTATE BY THE COURTESY. a woman feifed of lands or tenements in fee-fimple, or in general fee-tail, or if his wife be heirefs thereto in Special tail, and he have a child by her, male or female, born alive; he fhall, during his life, hold the faid lands or tenements, during his life, as tenant by the courtesy of England; and although the child or children die as foon as born, yet if fuch ISSUE were heard to cry, or if he can bring sufficient teftimony that fuch children or any one of them were born alive, he fhall hold the lands during his life by this This (a) Lit. 554. Sed vide Craig b. 2. c. 19. § 4. that it prevails in Scot land when it is called curiali tas. VII. AN ESTATE IN DOWER. A woman who marries co. Lit. 31. a man seised of lands or tenements in fee-fimple, or in ge- Wright's Ten. neral tail, or who is heir in fpecial tail, fhall after his death, 193. whether he leave iffue by her or not, have her third-part of all fuch lands as her husband was feifed of at any time during the coverture, as tenant in dower, to hold for the term of her natural life, provided fhe be above nine years of age at her husband's death: She must be the actual wife of the party at the time of his decease, for although a feparation only from bed and board will not deftroy dower, yet if the be divorced from the bond of marriage the fhall not be endowed; and by the ftatute 13 Edw. 3. c. 34. if a wo man elope from her husband and live with an adulterer, fhe fhall lofe her dower unlefs her husband be voluntarily reconciled to her: By 5 & 6 Edw. 6. c. 11. alfo, the widows of traitors, but not the widows of felons, are debarred of dower. A woman may also be debarred of dower by levying a fine, or suffering a recovery, of the lands during her coverture, or by 6 Edw. 1. c. 2. may forfeit it by alienating the lands affigned. Cuftom varies this tenure: in fome places fhe is intitled to half the produce of the cftate, in others the whole, which fhe claims as tenant in dover to her husband's eftate. The custom in Kent is, that the wife fhall have half the produce of the hufband's lands while the remains a widow, and without a child, but as foon as the marries again, the lofes all. If a man marry a woman having lands, &c. he has the fame privilege while he remains a widower, but no longer. VIII. JOINTURE. By 27 Hen. 8. c. 10. commonly called the ftatute of ufes, dower may be barred by a join ture, or by conveying a joint eftate to husband and wife and his heirs, or to the heirs of their two bodies, or of one of their bodies, or to them for their lives, or for the wife's B 3 life: 123. Wood's Inft. veries 66. 2 Bi. Com. 137. Cafes in Chan. 181. |