If a man enter under a void lease and pay rent Void lease. he is not a disseiser, but a tenant at will. (m) An agreement for a lease at a certain rent, containing a stipulation, that they should not turn out the tenant so long as he paid the rent and did not sell, &c., any article injurious to the lessor's business, either purports to be a lease for life, and would then be void, as being creatable by parol, or if it operate as a tenancy from year to year, it must necessarily be determinable by either party giving the regular notice to quit.(n) Tenant for life leases premises for twenty-one years, and before the expiration of that term dies; the trustees of the remainder man, then an infant, continue to receive the rent reserved, and he, on coming of age sells the premises by auction; in the conditions of sale the premises are declared to be subject to the lease, and in the conveyance to the purchaser the lease is referred to as in the possession of the lessee, and in the covenant against incumbrances the lease is excepted; the purchaser mortgages, and in the morgage deeds the like notice is taken of the lease, and the mortgagees for some time receive the rent reserved:Held that the lease expired with the interest of the tenant for life, and that the notice since taken of it did not operate as a new lease.(0)

Although, generally, the acceptance of rent by a Confirmaperson who is entitled to set aside a lease will con

436. A tenancy from year to year of glebe land, is determined by the death of the incumbent.-Doe d. Kerby v. Carter, R. & M. 237.

tion of lease.

(m) Denn d. Warren v. Fearnside, 1 Wils. 176. So a parol agreement Parol to lease lands for four years only, creates a tenancy at will.-Goodtitle agreement. d. Gallaway v. Herbech, 4 T. R. 680. So where one enters under a void Receipt of lease by a tenant for life, and after his death the remainder man receives rent. rent. Doe d. Martin v. Watts, 7 T. R. 83. 2 Esp. 501; and see Ladford

v. Barber, 1 T R. 86. Yet if the remainder man receives money as rent Receipt by after the death of the tenant for life, it is an admission of a tenancy from remainder year to year, Id., and in such case the tenant holds under the terms of man. the lease in all other respects, except the duration of time.-Doe d. Rigg v. Bell, 5 T. R. 471.

(n) Doe d. Warner v. Brown, 8 East, 166.

(o) Doe d. Potter v. Archer, 1 B. & P. 531; and see Roe d. Jordan v. Ward, 1 H. B. 97. In the conveyance of an estate there was a covenant that the premises were free from incumbrances except particular leases, quare whether these words affirm the leases, and whether parol evidence is admissible to show that it was so intended.-Doe d. Mount v. Roberts, 4 Doug. 306.

Covenant.

Tenant in tail.

Void lease.

Estoppel.

firm it. (p) Yet acceptance of rent by a tenant in tail on coming into possession, is no confirmation of a lease made by a tenant for life, which is absolutely void at his death. (q) A lease executed by a tenant for life, in which the reversioner who was then under age, is named, but not executed by him, is void on the death of the tenant for life, and an execution by the reversioner only afterwards, is no confirmation of it so as to bind the lessee in an action of covenant.(r) Where the heir of a tenant in tail received, for ten years, rent under a demise for ninety-nine years granted by his ancestor, it was held a confirmation of the lease. (8) Defendant

came into possession under a lease from a tenant for life, whom the lessor of the plaintiff succeeded as remainder man ; a money rent was to be paid, and by a further reservation the tenant was to carry or cause to be carried three cart loads of culm yearly, to the landlord's dwelling house. At the trial, this lease was objected to as invalid, but it appeared that the lessor of the plaintiff at the Michaelmas after the tenant for life died, told his servant to go and look for carts to bring the culm home. The servant went to the tenants, and among others to the defendant, who accordingly brought a load of culm to the dwelling house; other persons who were tenants doing the same. On the following May day defendant sent her two other cart loads of culm to the house, where it was received; other loads being sent in by the tenants at the same time. The jury found that the culm was carried by and received from the defendant in the way of rent, under the eservation :-It was held that such finding was

(p) Doe d. Jelliffe v. Sybourn, 2 Esp. 667.

(9) James d. Aubrey e. Jenkins, Bull, N. P. 96. Nor can a lease which is void against a remainder man, be set up by his acceptance of rent, and suffering the tenant to make improvements after his interest vests in pes session.-Doe d. Simpson v. Butcher, 1 Doug.50.-S. P. Jenkins d. Yate v. Church, Cowp, 482.

(r) Ludford . Barber, 1 T. R.86.-S. P. Doe d. Martin r. Watts, 7 T. B. 83 2 Esp. 501, but quære how far the lessee would have been estopped if the lessor had not himself shown by his declaration, that the lease was not executed by the reversioner until after the death of the tenant for life. Id. (s) Doe d. Southouse r. Jenkins, 5 Bing, 459. 3 M. & P. 59.

grounded on sufficient premises, and that allowing the lease to be void the receipt of culm under the above circumstances, was a recognition of the defendant as tenant from year to year. (t)

particular

By the statute 13 Elizabeth, c. 10, s. 3, "All Leases by leases made by spiritual persons other than for persons.(u) the term of twenty-one years or three lives,

(t) Doe d. Tucker v. Morse, 1 B. & Adol. 365.

(u) All persons having only partial interests as tenants for life, by the Tenants for curtesy, in dower, by elegit, statute merchant or statute staple, may grant life. leases during the continuance of their respective estates, but no longer unless under a power. And no act of the parties will make a lease good after the death of tenant for life, unless it should appear to be plainly the intention to make a new grant.-Doe v. Butcher, Doug. 50.-Doe v. Archer, 1 B. & P. 531 ; but under some circumstances, equity will compel a remainder man to execute a new lease to the tenant. Stiles v. Cowper, 3 Atk. 692. If tenant for life, and he in remainder join in a lease for years by deed, this shall be the lease of tenant for life, during his life, and the confirmation of him, in remainder or reversion, and after his decease it shall be the lease of them in remainder or reversion, Co. Litt, 45, (a). Under the statute 32 Hen. VIII., c. 28, tenants in tail are enabled Tenants in to make leases for three lives, or for twenty-one years, to commence from tail. the making thereof, provided the accustomed yearly rent within the last twenty years, next before such lease be reserved. Such leases will be binding on the issue, but not on those in remainder or reversion. Co. Litt. 456. They must likewise contain all such beneficial clauses and reservations as the remainder man is entitled te have, so that the estate may come to him in as beneficial a manner as ancient owners held it.Taylor v. Horde, 1 Burr. 121.

A feme covert cannot make a valid lease of her lands except under a Feme power, or unless it be made by her and her husband under the 32 Hen. covert. VIII., c. 28.

Although a person of unsound mind can generally do no binding act, Lunatics yet by the 1 W. IV., c. 65, s. 24, the committee of a lunatic may make leases under the direction of the Lord Chancellor.

Joint tenants, tenants in common, and co-parceners, may either make Joint leases of their own respective parts, or else all may join in a lease to a tenants, &. stranger. Co. Litt. 185. a. If parceners or joint tenants join in a lease this shall be but one lease, for they have but one freehold; if tenants in common join in a lease this shall be the several lease of each of their respective interests. Co. Litt. 45. a. 2 Roll, abr. 64

Neither a mortgagor nor a mortgagee can make a lease to bind the Mortgagees. other without his concurrence.-Keech v. Hall, Doug. 21. (See p. 93.)

A copyholder cannot, except by special custom in the license of the Copyholder. land, demise his lands for longer than a year without incurring a forfeiture. Melwich v. Luter, 4 Co. 26.--Lady Montague's case, Cro. Jac., 301. So having a license to lease he must pursue his license strictly, otherwise the lease is void -Com. Dig. tit., copyholder. And a lease by parol or to commence in futuro will incur a forfeiture.-East v. Harding, Cro. Eliz., 498.

Executors and administrators, unless restrained by the leases granted Executors. to their testators, may grant underleases, and the rent reserved will be assets in their hands.-6 Co. 67., Bac. abr., leases. (c. 7.)

A guardian in socage, or a testimentary guardian, cannot make a lease Guardians. of his wards land.-Roe v. Hodgson, 2 Wils, 129, 135, unless it be limited to the term of his minority.-2 Roll, abr. 41.

Ecclesiastical persons and eleemosynary corporations, may by the Ecclesiasabove mentioned statute, 32 Hen. VIII., make leases subject to the same tics. restrictions. The 5th G. III., c. 17, also authorises ecclesiastical persons to grant leases of incorporal hereditaments. Leases by beneficed clergymen are

Colleges.

Hospital lease.

Churchwardens.

Lease by

whereupon the accustomed rent or more shall be reserved are void.(v)

Leases by governors of colleges in Ireland, must reserve more than a moiety of the true value, at the peril of the lease. (w)

A new lease made by the warden and poor of an hospital under their corporation seal, before the expiration of a former lease to a lessee, who had then only a part interest in the first lease, but të whom the entire interest was assigned, within three years afterwards is binding on the succeeding warden and the poor of such hospital.(x)

Churchwardens only cannot execute leases as a body corporate at parish lands, under 59 Geo. III., c. 12, s. 17.(y)

Where by a lease a mortgagee demised, and the and the re- executrix of mortgagor demised and confirmed, and

mortgagee,

13 Eliz. c. 20 restrained in case of non-residence by the statute of 13 Eliz, e. 90 (mentioned in the text,) and other statutes which were repealed were revived by the 57 G. III., c. 99.

Aliens.

Trustees of charities.

Aliens are prohibited by 32 Hen. VIII., c. 16, s. 13, from acquiring real property; but an alien may after naturalization or denization, make valid leases of lands.

Leases of charity lands are under the peculiar cognizance of the court of chancery. Where the mode of granting leases is prescribed by the founder the terms must be strictly adhered to, otherwise the lease caur & be supported.-Att. Gen. v. Griffiths, 13 Ves. 565. But where there is to power the trustees must be guided by the general principal of the court. -Att. Gen. v. Owen, 10 Ves. 555.-Att. Gen. v. Cross, 3 Mer. 540. When a power is given to make leases it must be strictly pursued, for if made under all the requisites as to the number of years, its taking effect in possession powers. or reversion, reservation of rent and the like, be not carefully observed, the lease will be void at law against the remainder man.- Shep. Touch, 269.-Pulteney v. Lady Cavan,5 T. R. 567. (And see provisoes and reddendums.)

Leases

Assignees.

Leases under the stat. 13 Eliz.

Assignees of bankrupts and insolvent debtors are authorised to execute for the benefit of the creditors all powers vested in any bankrupt or insolvent debtors of granting leases and the like.

() To render a lease valid under this statute it must be made of land which has been previously let, or in which some rent has been reserved; therefore a lease by a vicar for three lives of uninclosed and waste land, not proved to have been before let, was held not to be binding on his saccessor, although the lessee covenanted therein to inclose the land and pay a rack rent for it; it was also held that the statute 32 Hen. VIII., c. 2, and the statute 13 Eliz., c. 10, was now in pari materia, and must be taken together-Doe d. Tennyson v. Yarborough (Lord), 7 Moore, 258, 1 Bing. 24. A lease by a rector of his glebe lands and other rectorial property made between the years 1803 and 1816, while the statute, 13 Eliz., c. 3), continued repealed is valid.-Doe d. Coates v. Somerville, 9 D. & R. 1530. 6 B. & C. 126.

(w) Clements v. Waller, 4 Burr. 2154.

(2) Grumbell v. Roper, 3 B. & A. 711.

(y) Phillips v. Pearce, 8 D. & R 43. 5 B & C. 433.

tive of

a power of re-entry was reserved to them or either presentaof them; it was held that it operated as the demise mortgagor of the mortgagee and the confirmation of the mortgagor's representative. (2)

An agreement for a lease made with an agent, Agent. who acts under a power of attorney, and a lease executed by such agent in pursuance of the agreement, effectually binds the principal. (a)

The right of renewal is forfeited by the latches Latches. of the tenant. (c)

A covenant in a lease to renew under the same Covenant for renewal. covenant is exclusive of the covenant for renewal.(d) (b)

A promise by letter to renew a lease in considera- Letter. tion of money already laid out by the tenant is nudum pactum, and no specific performance will be decreed; nor is it varied by money having been laid out afterwards. (e)

A. demised to B., for the life of the said B.; and Perpetual also for the lives of C. and D., and covenanted that renewal. if the said B., his heirs, &c., should be minded at the decease of the said B. C. and D., or any of them,

(z) Doe d. Barney v. Adams, 2C. & J. 232. 2 Tyr. 289.

(a) Hamilton v. Clauricarde, (Earl) 1 Bro. T. C. 341. But if a man Agent's describe himself in the beginning of an agreement to grant a lease as responsimaking it on behalf of another, but in a subsequent part of it say that he bility. will execute the lease he is personally liable.-Norton v. Herron, 1 C. & P.

648. R. & M. 229.

(b) By the 4 Geo. II., c. 28, s. 6, chief leases may be renewed without Surrenders. surrendering all the underleases.

(c) Baynham v. Guy's Hospital, 3 Ves. Jun. 295. The assignee of a Latches as lease for lives which contained a covenant for renewal upon the drop- to renewal. ping of any life, provided application were made within six months, having omitted, upon the death of one of the cestui que vies, to apply for a renewal within the six months, filed his bill, praying relief upon the ground that he did not within six months know that the person was dead, or that the deceased was one of the cestui que vies, named in the lease. The bill was dismissed with costs, because the plaintiff might have known the facts if he had used reasonable diligence and acted with ordinary prudence.-Harris v. Bryant, 4 Russ. 89. (The Court leans against a construction for perpetual renewal, unless clearly intended. Id. For on the construction of a covenant for renewal under the like covenants, held that it was not for perpetual renewal.-Moore v. Foley, 6 Ves. jun. 232. But a contract for perpetual renewal will be specifically executed if clearly appearing, but is not to be inferred from a general provision for similar covenants. The construction of such a covenant is the same in equity as at law, and is not to be affected by the acts as of the parties.Iggulden v. May, 9 Ves. jun. 325. 7 East, 237. 3 Smith, 269. 2 N. R. 419.)

(d) Tritton v. Foote, 2 Cox, 174. 2 Bro. C. C. 636. (e) Robertson v. St. John, 2 Bro. C. C. 140.