A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.

CHAP. XXXIV. LEASES.

A Lease for years must be for a time cer∣taine, and ought to express the terme, and when it should begin, and when it should end certainly; And therefore a Lease for a year, and so from year to year; during the life of I. S. but for two years, it may be made by Word or Writing; If I Lease to I. N. to hold untill a hundred pounds be paid, and make no livery of seizin, he hath estate only at Will.

A Lease from year to year, so long as both the parties please, after entrie in any year, it is a Lease for that year, &c. till warning be given to depart. 14. H. 8. 16.

A Lease beginning from henceforth, shal be accounted from the day of the delivery▪

from the making▪ shall be taken inclusive from the day of the making, or of the date exclusive.

If Lands discend to the heires before his entrie, he may make a Lease thereof.

A man lets a house, cum pertinent▪ no lands pass; but if a man let a house, cum omnibus ter∣ris eidem pertinent, there the lands thereunto used pass.

If a man lets Lands, wherein is Coale∣mines, quarries, and such like, if they have bin used, the Tenant may use them. if they be not open, if the Tenant for them, imploy them not on the Land, it is waste, likewise marle; the land is the place where the Rent is to be paid and demanded, if no other place be∣tween the parties be limited.

Trespass is not given for paying of the Rent to the Lessor, howsoever it be payable there.

And if a man let lands without impeach∣ment of Waste, and a Stranger cut down the trees, and the Lessee doth bring an action of Trespass, he shall not recover for the value of the Trees, but for the Crop, and bursting of his close, and the heire of the Lessor shal have such trees, and not the Executor of the Les∣see, unless they be cut by the Lessee, and en∣joyed by the Grantee, without Waste.

Lessee for years, or for life, Tenant in Dower, or by the curtesie, or Tenant in tayle after possibility, &c. have onely a special in∣terest or property in the trees, being upon the ground, growing as a thing annexed unto the Land, so long as they are annexed thereunto.

But if the Lessee, or any other sever them from the Land, the property and interest of the Lessee in them, is determined; and the Lessor may take them▪ as things that are par∣cell of his Inheritance, the Interest of the Lessee being determined.

To accept the rent of a void Lease, will not make the Lease good; But avoidable it will.

If the Husband and Wife do purchase Lands to them and the heires of the Hus∣band, and he make a Lease, and die; his Wife may enter, and avoid the Lease for her life, but if she die, leaving the husband, who after∣ward dies, before the terme ends, the Lease is good to the Lessee, against the heire.

Where it is Covenanted and granted to S. I. that he shall have five Acres of land in D. for years, this is a good Lease, for consessit is of such force as dimisit.

If a man make a Lease for 10 years, and afterwards maketh another lease for 21 years▪ the latter shall be a good Lease for eleven years, when the first is expired.

If the Lessee at his cost, do put glass in the Windowes, he may not take the same away again, but he shall be punished for Waste; and so of Wainscot, and seeling, if it be not fixed with Screwes.

Tenant in tayle may make a lease for such lands or inheritance, as have been commonly letten to farm▪ if the old lease be expired, sur∣rendered or ended, within one year after the making of the new; But not without impeach∣ment of Waste, nor above 21 years, or three lives, from the day of the making, reserving the old Rent, or more, 32. H. 8. By Indenture of Lease, by Tenant in tayle, for 21 years, made according to the forme of the Statute, rendring the ancient, or more Rent. If the Tenant in tayle die, it is a good lease against ••his Issue; But if a Tenant in tayle die without Issue; the Doner may avoid this Lease by entrie, 32. H. 8. 28. And if he in the Remain∣der, do accept the Rent, it shall not tie him, for that the Tayle is determined, the Lease is determined, and void. Ed. ••. 19.

The Husband may make such a Lease of his wifes lands by Indenture, in the name of the husband and wife, and she to seale thereunto, and the rent must be reserved to the husband and his wife, and to the heires of the wife, according to her estate of Inheritance.

A Lease made by the husband alone, of the Lands of his wife, is void after his death; But the Lessee shall have his Corne.

By the husband and wife, voidable, if it be not made as aforesaid.

If a man do let Lands for years, or for life, reserving a Rent, and do enter into any part thereof, and take the profit thereof, the whole Rent is extinguished, and shall be su∣spended, during his holding thereof.

The aceptation of a re-demise, to begin presently, is suspension of the Rent, before any entrie; otherwise of a re-demise to begin in suturo.

Reservations and Exceptions.

THere are divers words, by which a man may reserve a Rent, and such like, which he had not before▪ or to keep that which he had, as Tenendum, reservandum, solvendum, saciendum, it must be out of a Messuage▪ and where a distresse may be taken; and not out of a Rent: and it must be com∣prehended within the purport of the same Word.

Exceptions of part ought always to be o•• such things which the Grantor had in posse∣sion at the time of the Grant.

The heire shall not have that which is re∣served,

if it be not reserved to him by speci∣al words.

If a man make a Feoffment of Lands, and reserve any part of the profits thereof, as the grass, or the Wood, that reservation is void, because it is repugnant to the feoff∣ment.

A man by a Feoffment, Release, Confirma∣tion, or Fine, may grant all his right in the Land, saving unto him his Rent-charge, &c.

Things that are given only by taking and use∣ing: As pasture for four Bullocks, or two loads of Wood, cannot be reserved but by way of Indenture, and then they shall take effect by way of Grant, of the Grantor, during his life and no longer, without speciall Words.

Exceptions of things, as Wood, Myne, Quarrie, Marle, or such like, if they be used, it is implied by the Law that they shall be used; and the things without which they cannot be had, is implied to be excepted, al∣though no, &c.

But otherwise, if they be not used, then the way and such like must be excepted.

An Assignee may be made of Lands given in Fee, or for life, or for years, or of a Rent∣charge, although no mention be made of the Assignee in the Grant.

But otherwise it is of a promise, Covenant, or Grant, or Warranty.

If a Lessee do assigne over his terme, the Lessor may charge the Lessee, or assigne at is pleasure.

But if the Lessor accept of the Rent of the Assignee, knowing of the assignement, he hath determined his acception, and shall not have an action of debt against the Lessee, for Rent due after the assignement.

If after the assignement of the Lessee, the Lessor do grant away his Reversion, the Grantee may not have an action of debt a∣gainst the Lessee.

If a Lessee do assigne over his interest, and die, his Executor shall not be charged for rent due after his death.

If the Executor of a Lessee do assigne over his interest, an action of debt doth not lie a∣gainst him for rent due after the assignement.

If the Lessor enter for a condition broken, or the Lessee do surrender, or the terme end, the Lessor may have an action of debt for the arrearages.

A Lease for years, vending rent, with a condition, that if the Lessee assigneth his terme, the Lessor may re-enter. The Lessee assigneth, the Lessor receiveth the Rent of the hands of the assignee, not knowing of the assignement, it shall not exclude the Lessor of his entrie.

A thing in a Condition may be assigned o∣ver for good cause, as just debt: as whereas a man is indebted unto me 20. pounds, and another do owe him 20. pounds, he may as∣signe over his Obligation unto me, in satisfa∣ction of my debt, and I may justifie the suing for the same, in the name of the other, at my own proper costs and charges.

Also where one hath brought an action of debt against I. N. which promiseth me, that if I will aide him against I. N. I shal be paid out of the sum, in demand I may aid him.

An assignee of Lands, if he be not named in the condition, yet he may pay the money to save his Land.

But he shall receive none, if he be not na∣med; the tender shall be to the Executor of the Feoffees.

Assignee shall alwayes be intended, he that hath the whole estate of the assignor, that is assignable; a Condition is not assignable, and not of an Executor, or Administrator: if there be such an assignee, the law will not allow an assignee in the law, if there be an assignee indeed; so long as any part of the estate re∣maineth to the assignor, the tender ought to be made to him or his heires, it serveth; yet a colourable payment to the heire, shall not veste the estate out of the assignee, as a true payment will, viz. Covenant.