Baugh v. Cro. Ja. 76. 8 Rep. 69 b. Whitlocke's c. 16. Bac. Crane v. 1 Inst. 44 b. 47. If a lease be made to A. for the lives of B. C. and D., it is a good lease to one for the lives of three other persons; and a lease to three persons for three lives, is all one, within the intent of these statutes: for in both cases three lives are the measure of the estate created, which is all the statutes require. 48. It appears to be understood, that a lease for sixty years, if three lives shall so long live, is good within the stat. 32 Hen. VIII., upon a principle which will be stated hereafter. 49. By the statute 14 Eliz. c. 11. § 17. it is enacted, that the stat. 13 Eliz. c. 10. shall not extend to leases of houses belonging to any ecclesiastical persons, or bodies politic or corporate, situated in any city, borough, town corporate, or market town, or the suburbs thereof; but that all such houses may be granted and demised as they might have been before the making of that statute, except capital or dwelling houses. But by the 19th section of this act, all leases for more than forty years are prohibited. It has however been held, that covenants for renewing leases of houses in towns, are not prohibited by the 18 Eliz., which only restrains leases made against the stat. 13 Eliz. 50. 5°. All leases under these statutes must be of lands or tenements, whereto resort may be had for the rent reserved by distress, otherwise the heirs or successors of the lessors would be without any remedy for the recovery of the rent. These statutes do not therefore extend to advowsons, tithes, or other incorporeal hereditaments. Leases of tithes are now Tit. 28.c. 1. established by a particular statute. 51. 6. The stat. 32 Hen. VIII. does not extend to any lease of manors, &c. which have not most commonly been letten to farm, or occupied by the farmers thereof, by the space of 20 years next before such lease thereof made. The intention of this clause was to prevent the persons, enabled by the statute to demise, from making leases of their mansion houses and demesnes, so as to bind their heirs or successors; as that circumstance would have produced a great decay of hospitality. 52. Various opinions have been held upon the Bac. Ab. Tit. construction of this clause. The better of them Lease, E. seems to be, that it consists of two parts in the disjunctive: if either of them be observed, it is sufficient to support the lease. The first is" which have not most commonly been letten." Which is general. The other is-" or occupied by the farmers thereof by the space of 20 years."-That the most natural and genuine meaning of the clause is, that the lands to be leased must either be such as have been most commonly letten; that is, such as are not reputed part of the demesnes; or such as have been occupied by the farmers thereof by the space of twenty years. 53. If lands have been let or occupied for eleven Idem. years, or more, at one or several times, within the twenty years next before a lease for 21 years, or three lives, it will be sufficient: and a demise by copy of court-roll will be considered as a sufficient letting within the statute. 54. 7°. The statute 32 Hen. VIII. further provides, "That upon every such lease there be reserved yearly during the same lease, due and payable to the lessors, their heirs and successors, to whom the same lands should have come after the death of the lessors, if no lease had been thereof made, and to whom the reversion thereof should appertain, according to their estates and interests, so much yearly farm or rent, or more, as hath been most accustomVOL. IV. G Baugh v. Cro. Ja. 76. Parsons and Bac. Ab. Tit. ably yielden or paid for the manors, &c. so to be letten, within twenty years next before such lease thereof made. 55. By the stat. 18 Eliz. c. 6. it is required, that in all leases made by the Colleges of Oxford, Cambridge, Winchester, and Eaton, one third of the old rent be reserved in corn. It was formerly doubted whether ecclesiastical persons might make a lease of part of lands, which had been usually let for a certain rent, rèserving a rent pro rata. But now, by the statute 39 & 40 Geo. III. c. 41., it is enacted, that where any part of the possessions of any ecclesiastical persons shall be demised by several leases, which was formerly demised by one; or where a part shall be demised for less than the ancient rent, and the residue shall be retained in the possession of the lessor; the several rents reserved on the separate demises of the specific parts, shall be taken to be the ancient rents; with a proviso, that where the whole of such premises shall be demised in parts, the aggregate rents reserved shall not be less than the old accustomed rent; and so in proportion where a part shall be retained in possession by the lessor. 8. The last rule to be observed in respect to leases under this statute is, that they must not be made without impeachment of waste. For if, as the preamble speaks, long and unreasonable leases are the chief cause of dilapidations, and of the decay of hospitality, much more would they be so, if they were made dispunishable for waste. 56. Parsons and vicars are expressly excepted out of the stat. 32 Hen. VIII., so that they are not, as other sole corporations, enabled by that statute to make any leases to bind their successors; without the confirmation of the patron and ordinary, but remain as they did at common law. They are, however, not restrained by the stat. 18 Eliz. from making leases for 21 years, or three lives: but then such leases must not only be confirmed by the patron and ordinary, but must also be made in conformity to the eight rules or qualities already mentioned; otherwise they will not bind the successor. And they are restrained by 18 Eliz. from making leases for any longer time: notwithsanding any confirmation or conformity to the rules before mentioned. 1 Inst. 47. b. 57. Tenants for life cannot make leases to continue Tenants for longer than their own lives. If A., lessee for the life Life. of B. makes a lease for years, by deed indented, and after purchases the reversion in fee. B. dies. A. shall avoid his own lease, for he may confess and avoid the lease which took effect in point of interest, and determined by the death of B. Treport's Case, 6 Rep. 14. 58. Where the person in remainder or reversion 1 Inst. 45 a. joms with the tenant for life in making a lease; it is considered, during the life of the tenant for life, as his lease, and the confirmation of the remainder-man or reversioner. After the death of the tenant for life, it is considered as the lease of the remainderman or reversioner; and the confirmation of the tenant for life.* . 59. Where tenant in dower, or by the curtesy, Tenants in makes a lease for years, and dies, the lease is abso- Dower and by the Curlutely determined; for though their estates are tesy. quodammodo a continuance of the estates of the husband and wife, yet it is a continuance only for * Tenants for life are frequently enabled by powers to make leases for long terms; of which an account will be given in Ch. 16. of this Title. Tenants for Guardians. Roe v. Hodgson, 2 Wils. R.129. 135. 2 Roll. Ab. 41. Executors and Administrators. Joint tenants, Coparceners, and Tenants in common. 1 Inst. 186a. Tit. 18. c. 1.* life; they have no power to contract for the inheritance; consequently their leases or charges fall off, with the estate out of which they were derived. 60. As lessees for years may assign or grant over their whole interest, so they may grant it for any fewer number of years than those for which they hold it. 61. By the statute 4 Geo. II. c. 28. § 6. reciting that leases for lives or years could not be renewed, without a surrender of all the underleases derived out of the same; it is enacted, that all future renewals of leases for lives or years shall be deemed good and valid, without the surrender of any derivative leases. 62. It is said in Bacon's Ab. that a guardian in socage, having not only an authority, but an interest in the lands descended to his ward, may make leases for years in his own name; for he is quasi dominus pro tempore. But it has been determined that such leases become void, as soon as the infant attains his full age. A testamentary guardian, or one appointed pursuant to the statute 12 Cha. II. c. 24. is the same, in office and interest, as a guardian in socage. 63. As executors and administrators may dispose absolutely of terms for years, vested in them in right of their testators or intestates; so may they lease the same for any fewer number of years: and the rents reserved on such leases will be assets in their hands. 64. Joint tenants, coparceners, and tenants in common may either make leases of their undivided shares; or else may all join in a lease of the whole. One joint tenant, coparcener, or tenant in common may also make a lease of his part to his companion; for this only gives the lessee a right of taking the whole profits, when before he had but a right to the moiety of them, and he may contract with his companion for that purpose, as well as with a stranger. |