No technical Words necef fary. Bac. Ab. Tit. § 3. Lord Coke fays, that the words demife, leafe, and to farm let, are the proper technical expreffions to I luft. 45 b. constitute a leafe. But any other words which fufficiently fhew the intention of the parties, that the one shall divest himself of the poffeffion, and the other come into it, for a certain time, whether they run in the form of a licence, covenant, or agreement, are of themselves fufficient, and will, in conftruction of law, amount to a leafe, as effectually as if the most proper and pertinent words had been used for that purpose. Idem. Doe v. Pull. 531. Muft have à certain beginning and § 4. On the other hand, although the most proper form of words of leafing are made use of, yet, if upon the whole deed, there appears no fuch intent, but that it is only preparatory and relative to a future leafe to be made, the law will rather do violence to the words, than break through the intent of the parties, by conftruing that to be a prefent leafe, which was only intended by the parties as an article or agreement for a leafe. § 5. No leafe is good, unlefs it contains a fufficient degree of certainty, as to its beginning, continuance, Continuance, and ending. If a leafe be made to begin from an imI Inft. 45 b. poffible date, as from the 30th of February, it will take effect from its delivery; but where the time when Bac. Ab. Tit. a leafe is to commence is uncertain, as where a lease Anon. Mod. was made, habendum from the 20th of November, 180. without faying what November, this uncertainty will render the lease void, because it was part of the agreement, that the leafe fhould commence from the 20th of fome November or other; but it not appearing to the the court what November was intended, they cannot determine it for the parties, and, therefore, the leafe is void. § 6. Lord Coke fays, where a leafe is made, dated 1 Inft. 46 b. 26th May, to commence from the date, or from the day of the date, it fhall begin on the 27th day of May. If the lease be dated the 26th May to hold from the making thereof, or from thenceforth, it fhall begin on the day on which it is delivered, for the words of the indenture are not of any effect till the delivery, and thereby from the making, or from thenceforth, take their first effect. But if it be a die confectionis, then it shall begin on the next day after the delivery. § 7. This doctrine has been denied; and it has been held, that the word from, may, in the vulgar fense, and even in the ftrict propriety of language, mean either inclufive or exclufive: and, where the lease can only be fupported by conftruing the word from, inclusive, a court ought to give it that fenfe. § 8. As to the continuance of a leafe, it must also Init. 45 b. have a degree of certainty; but id certum eft quod ccrtum reddi poteft. Therefore a lease for so many years as 7. S. fhall name, is a good leafe for years; for, though it is at present uncertain, yet when 7. S. hath named the years, it is then reduced to a certainty. § 9. If a perfon makes a leafe for fo many years as he fhall live, or, if the parfon of D. makes a leafe of his glebe, for fo many years as he fhall be parfon there, thefe I 3 1 Inft. 45 b. May deter mine on c. I. f. 31. thefe leafes are faid to be abfolutely void, on account of the uncertainty of their continuance. But if a leafe be made for 21 years, or any other certain number of years, provided the leffee fhall fo long live, or continue parfon of D., it will be good; for the lease is originally confined to a determinate number of years, though it may determine fooner. § 10. Although a leafe muft, at its creation, have a precife period fixed beyond which it is not to continue, yet it may determine prior to that period, in confequence of a provifo or condition: and, in all Tit. 13. c. 1. modern leafes, there is a provifo, that if the rent is not f. 32. paid, and no fufficient diftrefs is found on the premises, the leffor may re-enter and enjoy the lands, as in his former eftate. Who may § 11. With refpect to the persons who are capable, make Leafes. by the common law, of making leafes, it may be laid down, that all thofe who are capable of alienating their property, or of entering into contracts refpecting it, may make leafes, which will endure as long as their interest in the thing leafed, but no longer. Joint-Tr nants, Co parceners, in common. § 12. Joint-tenants, coparceners, and tenants in common, may either make leafes of their undivided and Tenants fhares, or else may all join in a lease of the whole to a ftranger and one joint-tenant, or tenant in common, may make a lease of his part to his companion. For this only gives him a right of taking the whole profits, when, before, he had but a right to the moiety there Tit 18. c. 1. f. 53: init. 186. of; of; and he may contract with his companion for that purpose, as well as with a stranger. Tail. § 13. In confequence of the ftatute De Donis Con- Tenants in ditionalibus, all leafes made by tenants in tail might have been avoided by their iffue, or by the persons entitled to the remainder or reverfion. But by the ftatute 32 Hen. 8. c. 28. f. 1. it is enacted, that all leases made for term of years, or for term of life, by any person or perfons being of full age having any estate of inheritance either in fee-fimple or in fee-tail, shall be good and effectual in the law against the leffors and their heirs. § 14. This ftatute does not, however, extend to 1 Inft. 44 «! the perfons entitled to the remainder or reverfion expectant on the determination of an estate tail; fo that, where a tenant in tail dies without iffue, no lease made by him, though it be pursuant to this ftatute, will bind the remainder-men or reverfioner. S 15. A leafe by tenant in tail, which is warranted by this ftatute, will not create a discontinuance, becaufe an act of parliament, to which every man is a party, allows of fuch leases; which, if they were tortious, as all difcontinuances are, parliament would not allow: and, therefore, if a warranty is annexed to fuch a leafe, it will not make a difcontinuance, for it will determine with the leafe. § 16. But, if a leafe for three lives be not warranted by the statute 32 Hen. 8., it will operate as a difcontinuance; because it is a greater estate than the tenant Inft. 333 a. Vaugh. R. 383. Walter v. Husbands feifed Jure Uxoris. Ecclefiaftics feil d Jure Ecclefia. in tail can make, and paffes by livery, which takes the eftate from the tenant in tail, and turns it into a reverfion in fee, determinable upon three lives. § 17. It is enacted by the fame ftatute, that all leafes made for term of years or life, by perfons having an eftate of inheritance in right of their wives, or jointly with their wives, of any eftate of inheritance made before the coverture, or after, fhall be good and effectual in law against the leffors, their wives and their heirs, provided that the wife be made a party to every fuch lease, and that the lease be made by indenture in the name of the husband and his wife, and she do feal the fame, and that the rent be reserved to the husband and wife, and to the heirs of the wife, according to her eftate of inheritance in the fame; and that the husband shall not in anywife alien, discharge, grant, or give away the fame rent referved, nor any part thereof, longer than during the coverture, except by fine levied by the husband and wife; but that the fame rent fhall remain, after the death of the hufband, to the persons to whom the lands would have gone, if no fuch leafe had been made. § 18. By the common law, leafes made by ecclefiaftical perfons, of the lands whereof they were seised in right of their churches, were, in many cafes, not binding on their fucceffors, and, therefore, it was enacted by the statute 32 Hen. 8. c. 28. that all leafes for term of years or life, by any perfon having an estate of inheritance in right of their churches, fhall be good and effectual against the leffors and their fucceffors. $ 19. There |