As to the

clause of reddendum.

The usual words.

Modes of valuing rents of farms.

Value of the rents of tur

OBSERVATIONS AND CASES.

THE reddendum is the clause in a lease whereby the rent is reserved to the lessor; and anciently corn, flesh, fish, and other victuals, were and still may be reserved on leases, as well as money.(0)

66

The reddendum is usually made by the words, 'yielding and paying," or similar expressions.(p)

(0) 2 Rep. 72. Wood's Inst. 226; and see the head" Apportionment," p. 135. The following plan has been recommended of valuing or more properly ascertaining the rent which farming land will bear, and the one considered to be the more correct is, to select one acre of the best arable land in the farm, to value the gross produce as well as the labour, and expense attendant upon it, through the whole of a four years' course of husbandry, consisting of turnips, barley, clover, and wheat, on fine rich lands; and fallow, wheat, clover or beans, and wheat or oats for strong clayey soils; and after taking an average of the profit to deduct therefrom ten per cent. for the farmer's stock and capital, the remainder being the rent. To adopt the same plan with regard to an acre of the worst land on the farm, the rent of the intermediate qualities of soil will then be readily ascertained; the whole being afterwards added together, an average taken of the whole farm will give the rent per acre.

Other modes have been adopted, such as calculating the gross value of the produce, and dividing it into three equal parts; to set aside one part for the expense of tillage, workmen's bills, wages, and other incidental expenses; another for the maintenance of the tenant and his family; and to consider the third, after deducting taxes, tithes, and assessments, as the proper rent to be paid. Another mode is to deduct all the expenses and outgoings, together with the maintenance of the farmer and his family from the gross produce; to allow ten per cent, upon the capital employed, and to consider the remainder as the fair rent.

AVERAGE VALUE OF RENTS FOR ARABLE LAND.

Price of wheat per
bushel.

Rent for turnip land.

Pent for clay land.

ing to the

£. s. d.
0 12 6

selling prices

of wheat.

Localities.

0 12 0

The above scale is intended as for fine turnip land and strong clay land. A farmer previous to renting a farm should take into consideration the qualities of the soil, and all circumstances of a local nature respecting the premises.

(p) See pp. 483-487, and note (s) to p. 529.

In every good reservation these things must Requisites. always concur:

1. It must be by certain and apt words. (q)

Words.

2. It must be of some other thing issuing or com- What must ing out of the thing granted, and not a part of the be issuing. thing itself, nor of something issuing out of another

thing.

3. It must be of such a thing whereunto the Resort for grantor may have resort to distrain.

distress.

4. It must be made to one of the grantors, and To whom not to a stranger to the deed.

made.

Rent may be reserved to commence before the commencelessee is to enter.(r)

ment.

between an

apportioned

There is a difference between a rent entire upon Difference a demise of several things in the same lease, and entire rent where the rent is not at first reserved entire, but and when where the reservation is several, and apportioned to to several the several things demised; for instance, if a lease things. be made of several houses, rendering the annual rent of £5. at the two usual feasts,-videlicet, for one house £3., for another 10s., and for the rest of the houses the residue of the said rent of £5., with a clause of re-entry into all the houses for non-payment of any parcel of the rent; this is but one reservation of one entire rent, because all the houses were leased, and the £5. was reserved as one entire rent for them all; and videlicet afterwards does not alter the nature of the reservation, but only declares the value of each house. (8)

(9) Thus, a lease for years reserving rent "after the rate of £18. per When reyear, is void for uncertainty.-Parker v. Harris, 1 Salk. 262. S. C. 4 servation Mod. 76. It not appearing what rent he should pay in certain, or at what void for an time.-Id. Though it has been laid down that if there be anything in uncertainty. the reservation by which the amount of the rent may be ascertained, this will be as good as if the sum itself were clearly specified upon the maxim that id certum est quod certum reddi potest.-Orby v. Mohun, 2 Vern. 531, 542. S. C. 2 Freein. 291. (But a special covenant on the part of the lessee to pay to the lessor the rent, should be always inserted in the lease.)

(r) See Gilb. on Rents, 25. A subsequent agreement may by relation By relation. operate to make a reservation of rent from the beginning.-M'Leish v. Tate, Cowp. 781.

(s) Gilbert on Rents. But if the lease had been of three houses, render- As to reing for one house £3., for another 20s., and for the third 20s., with a con- servations dition to re-enter into all for the non-payment of any parcel; these are severally. three several reservations, and in the nature of three distinct demises; and each house in this case is only chargeable with its own rent; the entire sum being not at first reserved out of all the houses demised, and

Rent in advance.

Absence of

express

to pay rent.

When rent is reserved to be paid in advance, and when that is intended to be the case, it should be clearly expressed whether the payment in advance is intended to be of the current quarter for the time being during the whole term, or for the first payment only. (t)

If, by a written agreement, A. agrees to let, and agreement B. to take, a messuage from a day past for a term of ten years, "at and under the rent of £80.," this is an agreement by B. to pay a rent of £80.; and, therefore, if there be a power of re-entry in case of a breach of "any of the agreements therein contained," A. has a power of re-entry for non-payment of rent, and may bring ejectment, although there is no express agreement to pay the rent.(u)

Parol evidence as to rent.

As to pay

ment of rent (Joint tenunts.)

Tenants in common.

mistake.

Parol evidence is not admissible to prove an additional rent beyond that expressed in the written agreement for a lease.(v)

One of several joint tenants may demand and receive the whole rent due, and give a discharge for it, and such discharge is good and binding on his companions.(w),

Upon a lease by tenants in common the survivor may sue for the whole rent, although the reservation be to the lessors according to their respective interests.(x)

Payment by A payment of rent by mistake or misrepresentation to a person not entitled to demand it, does not preclude the tenant from showing that the person to whom it was paid was not entitled to it.(y)

When demise void.

afterwards apportioned to the several houses according to their respective value, as in the former case; but the particular sums were at first reserved out of the several houses; and, therefore, the non-payment of rent of one house could be no cause of entry into another. (Where there is a demise of premises, and an entire rent reserved, if any part of the premises could not be legally demised, the whole demise is void.-Doe d. Griffith v. Lloyd, 3 Esp. 78.) And see Tanfield v. Rogers, Cro. Eliz, 341. Gilb. on Rents. 36.

(t) Holland v. Palser, 2 Stark. 161.

(u) Doe d. Rains v. Kneller, 4 C. & P. 3.

(v) Preston v. Merceau, 2 W. Black. 1249. But an additional rent may be reserved for changing the character of particular premises.-Rolte & Paterson. 2 Bro. Parl. Cas. 436. (See Reservation, p. 697, No. 4.)

(w) Robinson v. Hoffman, 1 M. & P. 474. 4 Bing. 562. 3 C. & P. 234, (r) Wallace v. M'Laren, 1 M. & R. 516.

() Rogers v. Pitcher, I Marsh, 541. 6 Taunt. 202.

RELEASES.

(1.)

Release by a Landlord to a Tenant of Rent.

BE

Recital.

THIS INDENTURE, made the day of, &c., Parties. TWEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other part; WHEREAS, &c., (recite the lease on which the rent is reserved). AND WHEREAS, the said A. B. hath agreed to release and discharge the said C. D. from the said yearly rent or annual sum of, &c., in consideration of, &c. Now THIS INDEN- Testatum: TURE WITNESSETH, that in pursuance of the said agreement, and for and in consideration of the sum of £, of lawful money of Great Britain, to the said A. B., in hand, well and truly paid by the said C. D., at or before the execution of these presents, the receipt whereof, and that the same is in full for the absolute purchase and extinguishment of the said yearly rent or annual sum, the said A. B. doth hereby acknowledge, &c.; he, the said A. B., DOTH by Operative these presents freely and absolutely remise, release, part. and for ever quit claim unto the said C. D., his executors, administrators, and assigns, ALL that the Rent. said yearly rent or annual sum of £, so reserved to him the said A. B., under or by virtue of the said hereinbefore in part recited indenture of lease, of the day of, &c., and all arrears thereof, and all powers and remedies for the recovery thereof; AND all the estate and interest of him, the Estate, &c. said A. B., in and to the same, TO THE INTENT that the same rent or annual sum may be forthwith extinguished.(z) (Add a covenant that A. B. hath not encumbered.) (a) In witness, &c.

(z) Here may be added, " And that the said C. D. may hold, possess, For lessee to and enjoy, the said messuage, &c., for the residue and remainder which is hold, &c. now to come and unexpired of the said term, (heretofore charged with or made liable to and with the same,) wholly and absolutely freed and discharged therefrom, and of and from all claims and demands in respect thereof, or any part thereof."

(a) This covenant may run thus: "And the said A. B. doth hereby for Covenant

Deed poll.

Recital. Operative part.

that lessor

(2.)

A Release by a Landlord of a Right of Entry, or for Breach of Covenant, or Condition broken, (by Indorsement).

TO ALL TO WHOM THESE PRESENTS SHALL COME, the within-named A. B. sends greeting; WHEREAS, &c., (recite the preliminary matter). Now KNOW YE that the said A. B. doth hereby waive, surrender up, and release, unto the said (tenant), his executors, administrators, and assigns, all and every right and title of re-entry of or by him the said (landlord), his heirs and assigns, into or upon(b) the messuages, lands, and hereditaments, in or by the within written indenture described, or their appurtenances, or into or upon any part thereof, under or by virtue of the within written indenture, or any power or proviso, condition, or agreement, therein contained, or otherwise howsoever; and he, the said A. B., doth hereby bar and estop himself, his heirs, executors, administrators, and assigns, thenceforth and for ever, from exercising or claiming the said right or title of entry in any manner howsoever. (c) In witness, &c. (d)

himself, his heirs, executors, and administrators, covenant and declare hath not en- with and to the said C. D., his heirs, executors, administrators, and ascumbered. sigus, that he, the said A. B., hath not at any time heretofore assigned, transferred, or made over, the said yearly rent or annual sum of, &c, or any part thereof, unto any person or persons whomsoever, nor made, done, committed, or executed, or knowingly suffered, any act, deed, matter, or thing, whatsoever, whereby, or by reason or means whereof, he is become, or can or may be rendered incapable of, or prevented from. releasing and extinguishing the same in manner aforesaid, and according to the true intent and meaning of these presents."

When part.

Proviso

(b) Or, “Into or upon all, &c., being part and parcel of," &c. (as the case may be).

(c) If the release be meant to extend to a part only of it add, “Provided when release always nevertheless, and it is hereby expressly declared and agreed, that is intended these presents, or the surrender or release hereby made or given, shall nx only as to by implication or otherwise operate or affect, or be deemed or construed to operate or affect, a surrender, release, or renunciation, of any right or title of entry into or upon any other of the premises within described, but only into or upon such and such part of the messuages, lands, and hereditaments, within described, with the appurtenances, as herein are particularly mentioned."

part.

When part

(d) It seems that where premises contracted to be sold are held with of premises other property at one entire rent, or subject to covenants, with a proviso are contract- for re-entry on the non-payment of the one, or non-performance of the ed to be sold other, upon any part of the land, the title is unmarketable, unless the reversioner release his right of entry.-See Fildes v. Hooker, 3 Madd. 190; and Warren v. Richardson, 1 You. 1. (But it then becomes necessary to investigate the releasor's title.)