Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.
Popham, John, Sir, 1531?-1607.

The same Term in the same Court. Talbot versus Sir Walter Lacen.

IN a Writ of Covenant brought by Margaret Talbot against Sir Walter Lacen. upon a Lease made by the Plaintiff to the Defendant, of a Park, * &c. for five years, if she should live so long, in which the Lessee covenants for him, his Executors and Assigns, to keep the Premisses in good Reparations, and so to leave them at the end of the Term, and also to deliver to the Plain∣tiff (upon notice given) four Bucks, and four Does in season, during the life of the Plaintiff, in every of the said years: And after the expiration of the aforesaid term of five years she brought a Writ of Covenant, and assign∣ed the breach, because that in the end of the term he committed Wast, and because that after the end of the term the Defendant refused to deliver the Deer; And albeit the words of the delivery of the Deer are, during the life of the Plaintiff, yet they are also every of the aforesaid years, and therforeit was resolved that she shall not have them during her life in this case.

Page  147 And for the other point it was objected, that in Fine termini, was incertain, for it may extend after the term, but Ad finem termini had been sufficient, Old book of Entries, 169. for when he covenants that at the end of the term, he would leave the Premisses in reparations, and Ad finem termini, he did wast, this ought of necessity to be intended a breach of the Covenant, and therfore it was adjudged that the action of Covenant well lies.