Idem. support the leafe. The firft is" which have not "most commonly been letten," which is general. The other is," or occupied by the farmers thereof "by the space of twenty years, &c." and that the moft natural and genuine meaning of the word is, that the lands to be leafed muft either be fuch as have been most commonly letten, that is, fuch as are not reputed part of the demefnes, or fuch as have been occupied by the farmers thereof by the space of twenty years. § 37. If lands have been let or occupied for eleven years or more, at one or feveral times within the twenty years next before a lease for twenty-one years or three lives, it will be fufficient. And a demife by copy of court roll will be confidered as a fufficient letting to farm, within the ftatute. § 38. 7th, The statute 32 Hen. 8. further provides "that upon every fuch lease there be reserved yearly "during the fame leafe, due and payable to the leffors, "their heirs and fucceffors, to whom the fame lands "should have come after the death of the leffors, if no lease had been thereof made, and to whom the "reverfion thereof fhould appertain, according to "their eftates and interefts, fo much yearly farm or "rent, or more, as hath been moft accuftomably yielden or paid for the manors, &c. fo to be letten, "within twenty years next before such lease thereof "made." $ 39. It § 39. It seems not to be yet fully fettled whether a tenant in tail, or a bishop, may make a leafe of part of lands which have been usually let for a certain rent, referving a rent pro rata. For it is faid that if bishops, &c. have the power of dividing their farms, and leafing them out in fmaller parcels, the whole eftate is no longer anfwerable for the whole rent. The fecurity is leffened by fuch a divifion, and there may poffibly be an entire deficiency of remedy for portions of the rent. But the better opinion appears to be that fuch leafes are good, because the ancient rent is in fact referved, and otherwife perhaps they could not leafe at all, if they had not a power of dividing the great farms*. § 40. 8th, The last rule to be observed in refpect to leafes under this ftatute, is, that they must not be made without impeachment of wafte: for if, as the preamble speaks, long and unreasonable leafes are the chief cause of dilapidations, and of the decay of hospitality; much more would they be so, if they were made difpunishable for wafte. Life. S 41. Tenants for life cannot make leafes to con- Tenants for tinue longer than for their own lives; and Lord Coke says, that where A. leffee for the life of B. makes a leafe for years by deed indented, and after purchases the reverfion in fee; B. dieth, A. fhall avoid his own There is a private act of parliament, 35 Geo. 3. c. 109. to enable the bishop of Ely, and his fucceffors, to grant by feveral leafes an eftate in the ifle of Ely, then held under one leafe. leafe, 1 Inft. 45 a. Treport's Cafe, 6 Rep. 146. Ludford v. 1 Term R. Tenants in lease, for he may confefs and avoid the leafe, which took effect in point of intereft, and determined by the death of B. But if A. had nothing in the land, and made a leafe for years by deed indented, and after purchase the land, the leffor is as well concluded as the leffee to say that the leffor had nothing in the land, and here it worketh only upon the conclufion, and the leffor cannot confefs and avoid, as he might in the other cafe. § 42. Where the perfon in remainder or reverfion joins with the tenant for life in making a lease, it is good, and is confidered during the life of the tenant for life as his leafe, and the confirmation of the remainder man or reverfioner. And after the death of the tenant for life, it is confidered as the leafe of the remainder man or reverfioner, and the confirmation of the tenant for life. § 43. It was refolved in a modern cafe that a lease executed by a tenant for life, in which the reverfioner who was then under age was named as a party, but did not execute it, was void on the death of the tenant for life; and that an execution of the lease by the reverfioner, two years after the death of the tenant for life, did not make it good. § 44. Where tenant in dower or by the curtesy Dower and by makes a leafe for years, and dies, it is abfolutely dethe Curtesy. termined; for though their eftate is quodammodo a continuance of the estate of husband or wife, yet it is a continuance of it only for life; and they have no power power to contract for, or intermeddle with the inheritance, and confequently their leafes or charges fall off with the estate out of which they were derived. Years. $45. As leffees for years may affign or grant over Tenants for their whole intereft, fo they may grant it for any fewer number of years than thofe for which they hold it; and fuch derivative leffees are compellable to pay rent, and perform covenants according to the terms agreed upon in fuch derivative leafes. $46. By the ftatute 4 Geo. 2. c. 28. f. 6. reciting that leafes for lives or years could not be renewed without a furrender of all the under-leafes derived out of the fame; it was enacted, that all future renewals of leafes for lives or years fhould be deemed good and valid, without the furrender of any derivative leafes. Socage, 2 Roil. Ab. 41. § 47. A guardian in focage may make leafes for Guardians in years in his own name, and the leffee may maintain ejectment thereupon, for fuch a guardian is quafi dominus pro tempore. And a teftamentary guardian or one appointed pursuant to the statute 12 Geo. 2. c. 24. is the fame in office and intereft with a guardian in focage. and Ad miniitrators. § 48. Executors or administrators, as they may Executors may difpofe abfolutely of terms for years vefted in them in right of their teftators or inteftates, fo may they leafe the fame for any fewer number of years, VOL. IV. K and Who are incapable of making Leafes. Infants. Bac. Ab. Tit. 3 Burr. R. 1805. and the rent referved on fuch leafes will be affets in their hands, and go in a course of administration. § 49. All perfons incapable of binding themselves by contracts, fuch as idiots, lunaticks, &c. are of courfe incapable of making leafes. § 50. An infant cannot make a leafe of his lands, unless such lease be evidently beneficial to him. And where no rent is referved, it has been held by fome to be ipfo facto void; while others only look on it as voidable. It appears however to be fettled, that if an infant makes a lease for years, he cannot plead non eft factum, but muft avoid it by pleading the fpecial matter of his infancy; which feems to favour the opinion of thofe who hold that the leafe is not absolutely void. § 51. If an infant makes a leafe referving rent, it is prima facie good, because it is prefumed to be for his benefit. But fuch leafe is voidable by the infant, when he comes of age, or by his heir, if he dies under age. $ 52. If a cafe of this kind were now to arife, the principle upon which its validity would depend, would be whether it was beneficial or not to the infant as Lord Mansfield has obferved, that very prejudicial leafes may be made though a nominal rent be reserved; and there may be most beneficial confiderations for a leafe, though no rent be referved; and that an |