LEASES. Tenant in Tail, Common Law. long live, without any lawful denial, hindrance, molestation, or interruption whatsoever (1), [of or or for Life at by him the said (lessor) his heirs or assigns, or any other person or persons now or hereafter lawfully or equitably claiming or having right to claim any estate, right, title, trust, or interest, from, under, or by him, them, any or either of them, or any of the ancestors of the said (lessor) or by or with his, their, or any of their means, PROVIDED Payments made consent, procurement, or privity]. by lessor, or -penalties in curred by lessee of rents. always, and it is hereby lastly agreed and deto be in nature clared, that all payments which shall or may be made by the said (lessor) his heirs or assigns, for or on the part of the said (lessee) his executors, administrators, or assigns, for repairing or insuring the premises hereby demised, or other matter or thing which by him or them is or ought to be made or done in relation thereto, and all penal and other sums hereby made payable by him the said (lessee) his executors, administrators, or assigns, in respect of the same, shall be deemed and considered in the nature of a rent or rents, and be recoverable by distress or otherwise, in like manner as the yearly rent or sum of £ hereinbefore reserved (2). IN Lessor's title. Lease determinable on notice. WITNESS, &c. (1) If the lessor's title has not been satisfactorily ascertained, the lines within inverted commas should be omitted, and see ante, p. 88, n. (44), p. 111, n. (24). (2) If the lease be determinable on notice, see ante, p. 111, n. (23), and p. 112, notes. No. XXIV. Lease for Years by a Tenant in Tail, under the Variations where the Lease is for Life or Lives, &c. &c. LEASES. Tenant in Tail, THIS HIS INDENTURE (3), made the day of c. 28. (1) In consequence of the stat. de donis all leases made by 32 Hen. VIII. tenants in tail were avoidable by their issue, or those entitled in remainder or reversion; but by the stat. 32 Hen. VIII. c. 28, s. 1, it is enacted that all leases made for a term of years or for life by any person or persons being of full age, having an estate of inheritance in fee simple or fee tail shall be good against the lessors and their heirs, and see Co. Lit. 44 a. but this act, sect. 1, requires, that leases made by tenants in tail to bind their issue be of some manors, lands, tenements, or other hereditaments, by writing indented under seal, for term of years or for life by persons of the full age of twenty-one years;" and further, that if there be a lease then in being, it shall expire or be surrendered within one year from the making of the new lease-that it be of lands, &c. which have been usually let on lease for the space of twenty years next preceding-that it be made impeachable for waste-that it do not exceed the term of twenty-one years, or three lives from the time of the making-that there be payable yearly, during the term, to the lessors and their heirs, to whom the lands would belong if no lease made, as much rent as has been customarily paid for the same lands, &c. for the last twenty years preceding, in which case the lease will be binding on their issue inheriting the entail. This act, however, extends VOL. IV. DD Recitals. Notes, &c. Public house. Mill. Building lease. Farm. Tithes. Mines. Life. to freehold lands only, and not to copyholds, Dougl. 716. Nor does it in the case of freeholds bind those in remainder or reversion expectant upon the determination of the entail, but only the issue of the tenant in tail, Co. Lit. 44, a, 45, b. It is also to be observed, that leases made under this statute are not exempted from the rules of the common law, but must still have the requisites essential to their validity before the act; and leases made under the act (as all leases under powers) must not only strictly conform to the requisitions of the power, Doe dem. E. Jersey v. Smith, I Tr. and Br. 97, but must besides contain all such beneficial clauses and reservations as the remainder man is fairly entitled to have-" so that the estate may come to him in as beneficial a manner as ancient owners held it," see Cardigan v. Montague, cited 1 Burr. 122; and the power of leasing given by 10 Geo. III. to heirs in tail, if exercised by those prohibited by the deed of entail must be in conformity to the act, 5 Dow. 293, and see Shep. T. c. 14, 2 Elem. Conv. 2d Edit. p. 315; nor does the 32 Hen. VIII. c. 28, s. 2, giving power to tenants in tail to make leases for three lives, authorise him to make leases for ninety-nine years determinable on three lives, Glanville v. Payne, Barn. Ch. Rep. 182. Atk. 40. 1 Anstr. 77; although leases for years determinable on lives are substantially the same as leases for lives, Freeman v. Boyle, 2 Bridgw. P. C. 69. (2) See the notes, &c. to No. VIII. ante, p. 65, and variations, &c. to No. IX. ante, p. 94. If of a public house or tavern, No. XII. If of an unfinished house, ante, No. XIV. If it be a building lease, see ante, No. XV. If the premises be copyhold, ante, No. XVII. If of a prebend or tithes, ante, No. XIX. If of mines or the like, ante, No. XX. If the lease be for life or lives, see post, No. XXV. (the lessor) (1) of, &c. (the lessee) of, &c. LEASES. of the one part, and WHEREAS the said (lessor) is seised of the mes- day of under 32 Hen. VIII. that in consi rents and co under and subject to the rent and covenants hereinafter contained. Now THIS INDENTURE WIT- WITNESS, NESSETH, that for and in consideration of the deration of the yearly rent hereinafter reserved (3), and of the venants. covenants and agreements hereinafter contained, by and on the part of the said (lessee) his executors, administrators, and assigns, to be paid, observed, and performed respectively, HE the said The lessor (lessor) HATH granted, demised, and leased, and by these presents DoTH grant, demise, and lease, unto the said (lessee) his executors, administrators, demises, &c. (3) By the act last cited, a lease by tenant in tail must be by indenture, and see Co. Lit. 44, a. If lease be made contrary to the act, it is voidable by the issue in tail, (but not void) Co. Lit. 45, b. (*) If brevity be particularly desired, the words within brackets Brevity. may be omitted throughout the precedent. (1) If the lease be granted by a steward, bailiff, or agent of Agent. the lessor, see ante, p. 94, n. (1). (2) If the lease be granted in pursuance of a previous written Prior agree. agreement, see ante, p. 95, n. (2). (3) If the tenant has expended or has agreed to expend a sum of money in repairing the premises, see ante, p. 95, n. (3), also ante, No. XV. ment. Money expended in repairs. LEASES. Tenant in Tail, under Parcels. and assigns, (such assigns being with such licence and consent as is hereafter mentioned), ALL that 32 Hen. VIII. messuage or tenement (1), &c. together with all and singular the out-houses, buildings, coachhouses, stables, dove-houses, barns, yards, cellars, areas, vaults, benefit and advantage of ancient and other lights, ways, paths, passages, drains, pipes, waters, water-courses, rights and privileges of common of every kind, and all and every other rights, privileges, advantages, easements, and appurtenances whatsoever, to the said messuage or tenement and premises belonging, or with the same or any of them now or heretofore lawfully holden, used, occupied, or enjoyed, except, &c. (2). TO HAVE AND TO HOLD the said messuage or tenement and dwelling-house, and all and singular other the premises hereby demised, or mentioned, or intended so to be, with the several rights and appurtenances to the same belonging, unto the said (lessee) his executors, administrators, To HOLD to the lessor for the term of years. Parcels. Lessor having houses adjoin ing. (1) The premises demised must be of a corporeal nature, to which resort may be had to distrain, or otherwise the heirs or successors would be without remedy for the rent, Co. Lit. 44 b. but see 5 Geo. III. c. 17, as to leases of incorporeal hereditaments to be granted by a bishop or eleemosynary corporation, by which an action of debt is given for the rent, and such as have been usually letten for twenty-one years last past, (which was to restrain the demising of the mansion, hereditaments, and demesnes, and thereby prevent the residence therein of the successors, and see Ba. Ab. Lease E.) and (it should seem) the whole of which have been usually comprised in the same lease. See ante, p. 401, n. (1). (2) If the lessor have other houses adjoining, see ante, p. 96, n. (5). |