Εικόνες σελίδας

between the New Testament and the Apocryphal Volume. . In 1823 he obtained the mastership of St. Nicholas' hospital, with a stall in Salisbury cathedral; and in the same year a pamphlet appeared from his pen addressed to H. Brougham, esq., M.P., on the subject of a speech made by that gentleman at Durham, taken in connexion with some articles in the Edinburgh review. In the autumn of this year he married a Miss Delafield of Kensington; not many weeks after which a violent attack of fever terminated in a gradual decline, which carried him off in June the following year, just as he had completed his new translation of Munter's Narrative of the Conversion of Count Struensee. In private life he was highly esteemed. RENNES, a large town of France, the former capital of Brittany, and now of the department of the Ille and Vilaine, is situated in a large lain, at the confluence of these two rivers. he latter divides the town into two parts, connected by bridges. That built on the left bank of the river, and called the Lower Town, is almost on a level with the surface of the water, and subject consequently to inundations. The Upper Town, on the right bank, stands on an eminence, and forms the most considerable part of the city. Since a dreadful fire in 1720, by which nearly 900 houses were consumed, Rennes has been rebuilt on a regular plan; but a few of the narrow streets and high antiquated houses remain ; and in the suburbs there is a ilumber of wooden structures. The square called the Palais de Justice was constructed on the model of the Place Vendome at Paris, and had once a bronze statue of Louis XIV. Of the Place d'armes the Hotel de Ville forms the western façade; this, as well as the Place de la grande Cohue, and the Place de la Pompe, are all worth notice. The principal promenades are the Cours and the Tabor; the former nearly a mile long. The principal public edifices are the cathedral, dedicated to St. Peter; the building, formerly the house of meeting for the parliament of Brittany; the town-hall, arsenal, and a college formerly belonging to the Jesuits. Here is also a small university, famous for the study of law; also a society of arts and sciences. It has besides a college royal, an academy, a school of medicine and surgery, and a drawing school; a public library, museum, physical cabinet, chemical laboratory, botanical garden, &c. The trade is promoted by the Vilaine being navigable for large vessels towards its mouth, and for barges of considerable burden to this place. The objects of commerce are corn, cattle, hemp, flax, and timber; lead, wax, and butter. The manufactures consist of blankets, sail-cloth, hats, thread, stockings, gloves, and hardware. Rennes is the see of a bishop, and the seat of a court of appeal for four adjoining departments. It has likewise criminal and commercial courts. Inhabitants 30,000. Fighty miles north of Nantes, and 220 west of Paris. REN'NET, n.s. Properly Fr. rainette, a REN'NETING. $ little queen. A kind of apple.

A golden rennet is a very pleasant and fair fruit,

of a yellow flush, and the best of bearers for all sorts of soil; of which there are two sorts, the large sort and the small. Mortimer. Ripe pulpy apples, as pippins and rennetings, are of a syrupy tenacious nature. ld. REN'NET, n.s. See RUNNET, and below. A o: ferment coagulates all humours, as milk with rennet is turned. Floyer on the Humours. RENNET, in rural economy, a term applied to the coagulum prepared from the stomach of a young calf for the purpose of making cheese. See IDA 1RY. RENNIE (John), F. R. S., the celebrated engineer, was born near Linton in East Lothian, in 1760, and was the son of a respectable farmer, who placed him with an eminent mill-wright. After serving out his articles, he commenced business on his own account, but in 1783 was induced to remove to London, where he distinguished himself by the construction of the Albion mill. His next work of magnitude was the erection of machinery in Whitbread's brewery. His reputation from this time increased, until he was regarded as standing at the head of the English civil engineers. Among his works may be mentioned Ramsgate harbour, Waterloo and Southwark bridges (as to construction), the Breakwater at Plymouth, and the Bell Rock light-house. No one has effected greater performances in the difficult branches of his profession. Although in some respects a selftaught man, he acquired the respect of the most distinguished men of science and learling in his day. His death took place at his house in Stamford Street, Blackfriars, October 4th, 1821, in his sixty-first year, and he was buried with the respect due to his eminent talents in St. Paul's cathedral. REN'OVATE, :3 Lat. renovo. To renew; RENov A'tion, n. s. 5 restore to the first state: the noun substantive corresponding.

Sound continueth some small time, which is a renovation, and not a continuance; for the body percussed hath a trepidation wrought in the minute parts, and so reneweth the percussion of the air. Bacon's Natural History. To second life Waked in the renovation of the just, Resigns him up, with heaven and earth renewed. Milton. All nature feels the remorating force Of winter, only to the thoughtless eye In ruin seen. Thomson's Winter. RENOUNCE", v. a.&v. n. Fr. remoncer; RENounce’MENT, n.s. Lat. renuncio. To RENUN'ciation. Sisown ; abnegate; abjure: Dryden's use of the word, as a verb neuter, has never been followed : the noun substantive corresponding. This world I do renounce; and in your sights Shake patiently my great affliction . Shakspeare. I hold you as a thing enskied and sainted; By your renouncement, an immortal spirit. Id. Pride and passion, and the opinions of the world, must not be our counsellors; for we renounced them at our baptism. Kettleweil. From Thebes my birth I own; and no disgrace

[merged small][ocr errors]

On this firm principle I ever stood; He of my sons, who fails to make it good, By one rebellious act renounces to my blood. 'd. He that loves riches, can hardly believe the doctrine of poverty and renunciation of the world. Taylor. RENOWN", n. s. & v. a. Fr. renommée; Lat. renomen. Fame; celebrity; praise widely spread; to make famous. These were the renowned of the congregation, princes of the tribes, heads of thousands. Numbers. She Is daughter of this famous duke of Milan, Of whom so often I have heard renown. Shakspeare. - Let us satisfy our eyes With the memorials and the things of fame, That do renown this city. That thrice renowned and learned French king, finding Petrarch's tomb without any inscription, wrote one himself; saying, Shame it was that he who sung his mistress's praise seven years before her death, should twelve years want an epitaph. - Peacham. The rest were long to tell, though far renowned. Milton. 'Tis of more renown To make a river, than to build a town. Nor envy we Thy great renown, nor grudge thy victory. Dryden. Soft elocution does thy style renown, Gentle or sharp according to thy choice, To laugh at o: or to lash at vice. Id. Ilva, An isle renowned for steel and unexhausted mines.


In solemn silence stand Stern tyrants, whom their cruelties renown And emperors in Parian marble frown. Addison. A bard, whom pilfered pastorals renown. Pope. Nor far beneath her in renown is she Who, through good breeding, is ill company; Whose manners would not let her larum cease, Who thinks you are unhappy when at peace. Young. And when recording History displays Feats of renown, though wrought in ancient days; Tells of a few stout hearts, that fought and died, Where duty placed them, at their country's side; The man that is not moved with what he reads, That takes not fire at their heroic deeds, Unworthy of the blessings of the brave, Is base in kind, and born to be a slave. Cowper.

RENSSELAER, a county of New York, United States, bounded north by Washington county, east by Vermont and Massachusetts, south by Colombia county, and west by the Hudson. The eastern part is hilly, and in some parts mountainous: indeed the general character of the country is broken and hilly; but the valleys are extensive, and the alluvial flats of considerable extent, warm and fertile. The wet uplands are covered with a luxuriant growth of lofty white pine, variously intermixed with hemlock, maple ash, cherry, beech, and birch; and the skilful farmer finds all the varieties of soil which these contrarieties of forest vegetation would indicate. It sends four members to the house of assembly. The chief towns are Troy and Lansinburgh.

RENT, v. n. [now written rant, yet probably from rend]. To roar; to bluster: we still say, a tearing fellow.

He ventured to dismiss his fear, That partings wont to rent and tear, And give the desperatest attack To danger still behind his back. Hudibras.

RENT, v. a. & n.s. Fr. rente; Ital. rendita; RENT' ER. low Lat. reddendum. Revenue; annual payment; to hold as a tenant. See below: a renter is he who pays rent. Idol ceremony, What are thy rents what are thy comings in? O, ceremony, shew me but thy worth ! Shakspeare. Such is the mould, that the blest tenant feeds On precious fruits, and pays his rent in weeds. Waller. The estate will not be let for one penny more or less to the renter, amongst whomsoever the rent he pays be divided. Locke. When a servant is called before his master, it is often to know, whether he passed by such a ground, if the old man who rents it is in good health. Addison's Spectator. I bought an annual rent or two,

And live just as you see I do. Pope.
Folks in mudwall tenement,
Present a peppercorn for rent. Prior.

Anticipated rents, and bills unpaid, Force many a shining youth into the shade, Not to redeem his time, but his estate, And play the fool, but at a cheaper rate. Cowper.

RENTs are classed by Blackstone among incorporeal hereditaments. The word rent or render, redditus, according to him, signifies a compensation or return, it being in the nature of an acknowledgment, given for the possession of some corporeal inheritance. See 1 Inst. 144. It is defined to be a certain profit issuing yearly out of lands and tenements corporeal. It must be a profit; yet there is no occasion for it to be, as it usually is, a sum of money : for spurs, capons, horses, corn, and other matters may be rendered, and frequently are rendered, by way of rent. It may also consist in services or manual operations; as, to plough so many acres of ground, to attend the king or the lord to the wars, and the like; which services, in the eye of the law, are profits. This profit must also be certain; or that which may be reduced to a certainty by either party. It must also issue yearly ; though there is no occasion for it to issue every successive year; but it may be reserved every second, third, or fourth year: yet, as it is to be produced out of the profits of lands and tenements as a recompense for being permitted to hold or enjoy them, it ought to be reserved yearly, because those profits do annually arise, and are annually renewed. It must issue out of the thing granted, and not be part of the land or thing itself; wherein it differs from an exception in the grant, which is always of part of the thing granted. Plowd. 13 : 8 Rep. 71. It must, lastly, issue out of lands and tenements corporeal; that is, from some inheritance whereunto the owner or grantee of the rent may have recourse to distrain. Therefore a rent, strictly speaking, cannot be reserved out of an advowson, a common, an office, a franchise, or the like; but a grant of such annuity or sum (e.g. by a lessee of tithes, or other incorporeal hereditament) may operate as a personal contract, and oblige the grantor to pay the money reserved, or subject him to an action of

[ocr errors]

debt for the amount of the rent agreed upon; though it doth not affect the inheritance, and is no legal rent in contemplation of law. And the king might always reserve a rent out of incorporeal hereditaments; the reason of which is, that he, by his prerogative, can distrain on all the lands of his lessee. 1 Inst. 47, a. in n. I. Of the different kinds of rent.—There are, at common law, three kinds of rent : rent-service, rent-charge, and rent-seck. Rent-service is so called, because it hath some corporeal service incident to it; as, at the least, fealty, or the feudal oath of fidelity. 1 Inst. 142. For, if a tenant holds his land by fealty, and 10s. rent; or by the service of ploughing the lord's land and 5s. rent; these pecuniary rents, being connected with personal services, are therefore called rent-service. And for these, in case they be behind, or arrere, at the day appointed, the lord may distrain of common right, without reserving any special power of distress; provided he hath in himself the reversion, or future estate of the lands and tenements, after the lease or particular estate of the lessee or grantee is expired. The services are of two sorts, either expressed in the lease or contract, or raised by imlication of law. When the services are expressed in the contract, the quantum must be either certainly mentioned, or be such as, by reference to something else, may be reduced to a certainty; for, if the lessor's demands be uncertain, it is impossible to give him an adequate satisfaction or compensation for them, as the jury cannot determine what injury he has sustained. Co. Litt. 96, a Stil. 397: 2 Ld. Raym. 1160. A rent-charge is where the owner of the rent has no future interest, or reversion expectant, in the land; as where a man, by deed, maketh over to others his whole estate in fee simple, with a certain rent payable thereout; and adds to the deed a covenant or clause of distress, that if the rent be arrere, or behind, it shall be lawful to distrain for the same. . In this case the land is liable to the distress, not of common right, but by virtue of the clause in the deed : and therefore it is called a rent-charge, because in this manner the land is charged with a distress for the payment of it. 1 Inst. 143. A clear rent-charge must be free from the land-tax. Doug. 602. Where a man, seised of lands, grants by deedpoll, or indenture, a yearly rent to be issuing out of the same ind to another in fee, in tail, for life or years, with a clause of distress; this is a rent-charge, because the lands are charged with a distress by the express grant or provision of the parties, which otherwise it would not be. So, if a man make a feoffment in fee, reserving rent, and if the rent be behind, that it shall be lawful for him to distrain; this is a rent charge, the word “reserving' amounting to a grant from the feoffee. Litt. § 217: Co. Litt. 170 a. Plowd. 134. An annuity is a thing very distinct from a rent-charge, with which it is frequently confounded : a rent-charge being a burden imposed upon and issuing out of lands; whereas an annuity is a yearly sum chargeable only upon the person of the grantor. Therefore if a man by deed grant to another the sum of £20 per

annum, without expressing out of what lands it shall issue, no land at all shall be charged with it; but it is a mere personal annuity: which is of so little account in the law, that, if granted to an eleemosynary corporation, it is not within the statutes of mortmain; and yet a man may have a real estate in it, though his security is merely personal. 2 Comm. c. 3. See 1 Inst. 144. Rent-seck, redditus siccus, or barren rent, is in effect nothing more than a rent reserved by deed, but without any clause of distress. A rentseck is so called because it is unprofitable to the grantee; as, before seisin had, he can have no remedy for recovery of it; as where a man seised in fee grants a rent in fee for life or years, or where a man makes a feoffment in fee or for life, remainder in fee reserving rent, without any clause of distress, these are rent-seck; for which, by the policy of the ancient law, there was no remedy, as there was no tenure between the grantor and grantee, or feoffor and feoffee; consequently, no fealty could be due. Litt. § 215, 218: Cro. Car. 520 : Kelw. 104 : Cro. Eliz. 656. Though a rent is an incorporeal hereditament it is susceptible of the same limitations as other hereditaments. Hence it may be granted or devised for life, or in tail, with remainders or limitations over. But there is this difference between an intail of lands, and an intail of rent; that the tenant in tail of lands, with the immediate rever. sion in fee in the donor, may, by a common recovery, bar the intail and reversion: See title Recovery. Whereas the grantee in tail of the rent de novo, without a subsequent limitation of it in fee, requires, by a common recovery only a base fee, determinable upon his decease, and failure of the issues in tail: but if there is a limitation of it in fee, after the limitation in tail, the recovery of the tenure in tail gives him the fee-simple. The reason of this difference is, that it would be unjust that the conveyance of a grantee of a rent should give a longer duration or existence to the rent, than it had in its original creation. It is true that the barring of an estatetail in land is equally contrary to the intention of the grantor. But a rent differs materially from land. . The old principles of the feudal law looked upon every modification of landed property, which was considered to be against common right, with a very jealous eye. Now a rentcharge was supposed to be against common right; the grantee of the rent-charge being subject to no feudal services, and being a burden on the tenant who was to perform them. Upon this principle the law, in every instance, avoided giving, by implication, a continuation to the rent, beyond the period expressly fixed for its continuance. Thus, if a tenant in tail of land die without issue, his wife is entitled to dower for her life out of the land, notwithstanding the failure of the issue; but the widow of a tenant in tail of rent is not entitled to her dower against the donor. So if a rent is granted to a man and his heirs, generally, and he dies without an heir, the rent does not escheat, but sinks into the land. It is upon this principle that, when there is not a limitation over in fee, a tenant in tail of rent acquires by his recovery no more than a base fee; as has been already stated: but if there is a limitation in fee; after the particular limitation in tail, the grantor has substantially limited the rent in fee; and, therefore, it is doing him no injustice, that the recovery should give the donee who suffers it an estate in fee simple. 1 Inst. 298, a. in n. There are also other species of rents, which are reducible to these three. Rents of assize are the certain established rents of the freeholders and ancient copyholders of a manor, which cannot be departed from or varied. 2 Inst. 19. Those of the freeholders are frequently called chief rents, redditus capitales; and both sorts are indifferently denominated quit-rents, quieti redditus, because thereby the tenant goes quit and free of all other services. When these payments were reserved in silver or white money, they were anciently called white-rents, or blanchfarms, redditus albi ; in contradistinction to rents reserved in work, grain, or baser money, which were called redditus nigri, or black mail. 2 Inst. 19. Rack-rent is only a rent of the full value of the tenement, or near it. A fee-farm rent is a rent-charge issuing out of an estate in fee; of at least one-fourth of the value of the lands, at the time of its reservation : for a grant of lands, reserving so considerable a rent, is indeed only letting lands to farm in fee simple, instead of the usual methods for life or years. 1 Inst. 143. It seems that the quantum of the rent is not essential to create a fee-farm. See 1 Inst. 145 b. n. 5: And also, whether a fee-farm must necessarily be a rent-charge; or may not also be a rent-seck; and Doug. 605. These are the general divisions of rent; but the difference between them (in respect to the remedy for recovering them) is now totally abolished; and all persons may have the like remedy by distress for rents-seck, rents of assise, and chief-rents (if paid for three years within twenty years preceding the act, or if created since), as in case of rents reserved upon lease. Stat. 4 Geo. II. c. 28 $5. II. Modes of recovering rent.—By stat. 8 Ann. cap. 14, No goods, upon any tenements leased, shall be taken by any execution, unless the party, at whose suit the execution is sued out, shall, before the removal of such goods, pay to the landlord of the premises, or his bailiff, all money due for rent for the premises; provided the arrears do not amount to more than one year's rent: and, in case the arrears shall exceed one year's rent, then the party, paying the said landlord, or his bailiff, one year's rent, may proceed to execute his judgment: and the sheriff is required to levy and pay to the plaintiff, as well the money paid for rent, as the execution money. § 1. The act contains a proviso to prevent prejudice to the crown, in recovering and seizing debts, fines, and forfeitures. § 8. See Ogilvy, v. Wingate, Parl. Cas. It shall be lawful for any person having rent due on any lease for life, years, or at will, determined to distrain for such arrears after determination of the leases: provided, That such distress be made within six calendar months after the determination of such lease, and during the continuance of such landlord's title, and during

the possession of the tenant from whom such arrear became due. Stat. 8, Ann. c. 14, sec. 6, 7. The above clauses were made to remedy the defect of the common law, under which the power of distress ceased with the tenure. 1 Inst. 162, b in n. By stat. 4 Geo. II., cap. 28, in case any tenant for life or years, or other person who shall come into possession of any lands, &c., under or by collusion of such tenant, wilfully hold over, after the determination of such term, and after demand made in writing for delivering possession, such person holding over shall pay double the yearly value of the lands, &c., so detained, sec. 1. In all cases between landlord and tenant, on half a year's rent being in arrear, the landhold having a right by law to re-enter for non-payment, may without any formal demand or re-entry, serve a declaration in ejectment; and in case of judgment or non-suit for not confessing lease, entry, and ouster, it shall appear that half a year's rent was due before a declaration served, and no sufficient distress to be found ; and that the lessor in ejectment had power to re-enter; the lessor in ejectment shall recover judgment. Sec. 2. Lessees, &c., filing a bill in equity, shall not have an injunction against proceedings at law, unless they shall, within forty days after answer filed, bring into court such money as the lessors in their answer shall swear to be in arrear, over and above all just allowances, and costs taxed, there to remain till the hearing of the cause, or to be paid to the lessors on good security, subject to the decree of the court; and in case such bill shall be duly filed, and execution executed, the lessors shall be accountable for only so much as they shall really make of the premises from the time of their re-entry; and, if the same shall happen to be less than the usual rent reserved, the lessees shall not be restored to the possession until they shall make up the deficiency to the lessors. Sec. 3. If the tenant, at any time before trial, tender or pay into court all arrears with costs, proceedings on ejectments shall cease. Sec. 4. Previous to the above statute, the courts, both of law and equity, had exercised a discretionary power of staying the lessor from proceeding at law, in cases of forfeiture for non-payment of rent, by compelling him to take the money really due to him. By stat. 11 Geo. II., c. 19, it shall be lawful for the landlord, where the agreement is not by deed, to recover a reasonable satisfaction for the tenements occupied by defendants, in an action on the case, for the use and occupation of what was held ; and if, in evidence on the trial, any parol demise or agreement, not by deed, whereon a certain rent was reserved, shall |. plantiff may make use thereof as an evidence of the quantum of the damages. Sec. 14. If any tenant holding tenements at a rack-rent, or where the rent reserved be full three-fourths of the yearly value of the premises, who shall be in arrear for one year's rent, desert the premises, and leave the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears; it shall be lawful for two justices of the peace (having no interest in the premises) to to upon and view the same, and to affix, on the mos

notorious part, notice in writing, what day (at the distance of fourteen days at least) they will return to take a second view; and if, on such second view, the tenant, or some person on his behalf, shall not appear and pay the rent in arrear, or there shall not be sufficient distress on the premises, the justices may put the landlord in possession, and the lease to such tenants as to any demise therein contained only shall become void. Sec. 16. In case any tenant give notice of his intention to quit, and shall not accordingly deliver up the possession at the time in such notice contained, the tenant, his executors, or administrators, shall pay to the landlord double the rent which he should otherwise have paid. Sec. 18. By stat. 11 Geo. II. c. 19, above quoted, landlords are empowered to follow goods fraudulently and clandestinely removed off the premises within thirty days: but this applies to the goods of the tenant only, and not to those of a stranger. See the statutes 56 Geo. III. c. 88, and 58 Geo. III. c. 39, to amend the law of Ireland respecting the recovery of tenements from absconding, overholding, or defaulting tenants, and for protection of the tenant from undue distress, by which many provisions of the English acts are extended to Ireland. The general remedy for rent is by distress, under the restrictions and directions of the statutes: but there are also other remedies particularised by Blackstone, 3 Comm. c. 15, which it will be sufficient here to notice in a summary in anner. By action of debt, for the breach of the express contract. This is the most usual remedy, when recourse is had to any action at all for the recovery of pecuniary rents: to which species of render almost all free services are now reduced since the abolition of the military tenures: But for a freehold rent, reserved on a lease for life, &c., no action of debt lay, by the common law, during the continuance of the freehold, out of which it issued; for the law would not suffer a real injury to be remedied by an action that was merely personal. 1 Roll. Abr. 595. But by stat. 8 Ann. c. 14, sec. 4, an action of debt is given for rents on leases for life or lives, as upon a lease for years: and by stat. 5 Geo. III. c. 17, which enables ecclesiastical persons to lease tithes and other incorporeal inheritances, action of debt is given (by sec. 3) for recovery of rent on such leases; and perhaps the first of these statutes extends to leases of incorporeal hereditaments. See 1 Inst. 47, a In 7t. The rent in a lease must be reserved to the lessor, or his heirs, &c., and not to a stranger. See 1 Inst. 213, b. The principle which gave rise to this rule is, that rent is considered as a retribution for the land, and is therefore payable to those who would otherwise have had the land. It is to be observed that remainder men in a settlement, being at first view neither feoffors, donors, lessors, nor the heirs of feoffors, donors, or lessors, there seems to have been, for some time after the statute of Uses, a doubt whether the rents of leases, made by virtue of powers contained in settlements, could be reserved to them. In Chudleigh's case, 1 Rep. 159, it is

positively said, that if a feoffment in fee be made to the use of one for life, remainder to another in tail with several remainders over, with a power to the tenant for life to make leases, reserving the rent to the reversioners, and the tenant for life accordingly make leases; neither his heirs, nor any of the remainder-men, shall have the rent. But, in Harcourt v. Pole, 1 Anders. 273, it was adjudged that the remaindermen might distrain in these cases: and in T. Jones 35, the dictum in Chudleigh's case is denied to be law. The determination in Harcourt v. Pole will appear incontrovertibly right, if we consider that böth the lessees and remainder-men derive their estate out of the reversion or original inheritance of the settler; and therefore the law, to use Coke's expression in Whitlock's case, 8 Rep. 71, will distribute the rent to every one to whom any limitation of the use is made. 1 Inst. 214, a in n; and see Id. 213, b in n. III. Respecting the demand of rent.—With respect to the necessity of demanding rent, there is a material difference between a remedy by reentry, and a remedy by distress, for non-payment of the rent; for, where the remedy is by way of re-entry for non-payment, there must be an actual demand made, previous to the entry, otherwise it is tortuous; because such condition of reentry is in derogation of the grant, and the estate at law being once defeated, is not to be restored by any subsequent payment: and it is presumed that the tenant is there residing on the premises, in order to pay the rent for preservation of his estate, unless the contrary appears by the lessor's being there to demand it. Therefore, unless there be a demand made, and the tenant thereby, contrary to the presumption, appears not to be on the land ready to pay the rent, the law will not give the lessor the benefit of re-entry, to defeat the tenant's estate, without a wilful default in him; which cannot appear without a demand has been actually made on the land. So, if there had been a nomine paenae given to the lessor for non-payment, the lessor must demand the rent before he can be entitled to the penalty. Where the remedy for recovery of rent is by distress, there needs no demand previous to the distress; though the deed says that if the rent be behind, being lawfully demanded, that the lessor may distrain; but the lessor, notwithstanding such clause, may distrain when the rent becomes due. So it is, if a rent-charge be granted to A, and if it be behind, being lawfully demanded, that then A shall distrain; he may distrain without any previous demand. But this general distinction must be understood with these restrictions:—That if the king makes a lease, reserving rent, with a clause of re-entry for non-payment, he is not obliged to make any demand previous to his re-entry; but the tenant is .. to pay his rent for the preservation of his estate, because it is beneath the king to attend his subject to demand his rent. But this exception is not to be extended to the duchy lands, though they be in the hands of the king; for the king must make a demand before he can re-enter into such lands, by the stat. 1 Hen. IV. c. 18, which provides, that, when the duchy lands come to the king, they shall not be

« ΠροηγούμενηΣυνέχεια »