(H 6.) What shall be a determination of the will. - Express.

Tenant at will may be ousted by express words, or by implication. Co. L. 55. b.

As, if the lessor comes upon the land, and says that the lessee shall not continue over. Co. L. 55. b.

If the lessor comes upon the land, he may determine his will in the absence of the lessee. Co. L. 55. b.

But words off the land do not determine the will, till notice to the lessee. Co. L. 55. b. (d) Vide post, (H 9.)

(H 7.) Implied.

So, if the lessor does a wrongful act it amounts to a determination of the will: as, if without consent of the lessee, he enters and cuts down the trees demised. Co. L. 55. b.

Or, puts his cattle into the land.

Or, into a common appendant to a manor demised. Co. L. 55. b. 1 Rol. 860. 1. 45.

So, if the lessor grants a rent-charge out of the land, it shall be a determination of the will; otherwise the grantee cannot distrain. Semb. 1 Rol. 860. 1. 35. Vide post, (H 8.)

If he makes a feoffment of the land. 1 Rol. 860. l. 37.

Or, a lease for years, to commence immediately. R. Ray. 224. 1 Vent. 247. 2 Lev. 88.

Though it be agreed, that the lease for years shall not take effect till after the rent upon the lease at will was due; yet the lease at will shall be so determined, that debt does not lie for the rent at the day agreed that the lease for years shall have effect. R. 2 Lev. 88.

So, if the lessee cuts down trees, pulls down houses, or does voluntary waste; it amounts to a determination of his will. Co. L. 57. a 1 Rol. 860. 1. 50.

So, if he grants or assigns his lease to another. Co. L. 57. a. 1 Rol. 860. 1. ult. 4 Leo. 35. Jon. 316.

And if tenant at will makes a lease for years and the lessee enters, he only shall be the disseisor. R. Cro. El. 830. (e)

So, if the lessor or lessee be outlawed, it amounts to a determination of the will. 1 Rol. 861. 1. 5. 8. 5 Co. 116. b.

So, if the lessor or lessee dies.

Or, if A. having an estate devised to B. at his age of 24 years, till B. attains such age, lets it at will, and B. dies. R. Mo. 775.

(d) The Annotator from Hal. MSS. subjoins. So if lessee says, that he will not hold any longer it is not a determination of the will, unless he waives the possession. 20 H. 7. Keilw. 65.

(e) 1. Lord Coke in Co. Lit. 57. a. observes, that if tenant at will granteth over his estates to another, and the grantee entereth, he is a disseisor. - 2. To which the Annotator subjoins from Hal. MSS. Lessee at will makes lease for years, and the lessee enters. Ruled on solemn argument, 1. That it is only a disseisin at election, and not prima facie. 2. That admitting it to be a disseisin, the lessee at will is the disseisor, and has gained the freehold, and not the lessee for years. Pasch. 9 Car. B. R. Blunden and Baugh.-3. He adds, see S. C. in W. Jones, 315. Cro. Car. 302. Litt. 297. 372. and 1 Ro. Abr. 661. - 4. See also W. Atkins's case, in 1 Burr. 60., in which the curious doctrine of disseisin by election is most elaborately explained. So,

So, if the lessor dies, and his heir afterwards enters. R. Mo. 775. (ƒ)

(H 8.) What not.

But a lawful act upon the land by the lessor, does not amount to a determination of the will: as, if he cuts down trees excepted out of the demise. Co. L. 55. b.

So, if the lessor covenants to make a feoffment, it does not amount to a determination of the will, till the feoffment be made. 1 Rol. 860. 1. 37.

So, if he makes a lease to commence at a future day, it does not amount to a determination, till the lease commences in point of interest. R. 1 Vent. 247. Raym. 224.

So an extent does not determine the will, till the liberate. 1 Vent.

248.

Nor outlawry, till seisure. D. 1 Vent. 248.

So an act by the lessor, which does not disturb the possession, does not amount to a determination: as, a grant of a rent-charge. Q.1 Rol. 860. l. 30. 852. 1. 15. Vide ante, (H 7.)

So a grant by the king of an office, after the surrender or forfeiture of B. who has the same office durante bene placito of the king; does not determine the will of the king. R. Skin. 446. 580.

Nor an act by a stranger; as, if he enters and takes the profits.. 2 Cro. 660. Per. 2 J. 1 Rol. 861. A. (g)

So, if he enters with the privity of the lessor, or lessee. 2 Cro. 660. Per 3 J. Yel. 74.

So, if a woman lessor or lessee at will takes husband; that does not amount to a determination of the will. Co. L. 55. b. R. 5 Co. 10.

Or, if husband and wife demise land of the wife at will, and the husband dies. Co. L. 55. b. 5 Co. 10. b.

So, if a lease at will be made by several, and one of the lessors dies. Co. L. 55. b. 5 Co. 10. b.

Or, if one of the lessees dies. Co. L. 55. b. Dub. Dy. 269. b.. Acc. 5 Co. 10.

So, if a woman lessor at will takes husband, the wife cannot afterwards determine the will without her husband. 5 Co. 10. a.

So, if husband wife lease at will, or are lessees at will; the wife cannot determine the will: for she has submitted her will to her husband. 5 Co. 10.

(H 9.) At what time the ouster shall be.

A lessee at will may be ousted when the lessor pleases. (h)

Or

(ƒ) 1. Before which entry, the lessee, holding on, is tenant at sufferance. Co. Litt. 57.h. 2.To which the Annotator subjoins from Hal. MSS. If the heir accepts rent from him, he is tenant at will to the heir. 10 E. 4. 18. .-3. Tenant for years surrenders, and still continues possession, he is tenant at sufferance or disseisor at election. Dy. 62. (g) Lord Hale subjoins to Co. Litt. 55. b. Nota, if lessee at will is ousted by a stranger, he may re-enter and continue tenant at will; but if he accepts of a new lease from a stranger after such ouster, it has been holden, that his re-entry will not revest the estate in the antient lessor.

(2) 1. The Annotator subjoins from Hal. MSS. to Co. Litt. 55. b. If there is tenant at will rendering rent at Michaelmas, and lessor determines the will before Michaelmas, he shall not have any rent. But it has been holden, that if lessee at any day before H 4 the

Or his estate may be determined when the lessee pleases.

But if the lessor determines his will by words off the land, it is not a determination till the lessee has notice. Co. L. 55. b. 1 Vent. 248. Vide ante, (H 6.)

So, if he does an act inconsistent with the estate of the lessee. Per Hale, 1 Vent. 247.

So a lessee paying rent at Michaelmas and Lady-day, cannot determine his will after the commencement of the half-year, without paying the rent to the next feast for that would be a wrong to the lessor. D. Kel. 65. b. Per 2 J. Yel. 74. Dub. 1 Rol. 861. B. R. 1 Sid. 339. Per Holt, Sal. 413. (i)

Or, if rent be payable quarterly, after the commencement of the quarter. Per Roll. Ál. 4.

Or, if it be a lease de anno in annum quamdiu ambabus partibus placuerit, after the commencement of the year: for it is not merely at will; for after a year commenced, the lessee ought to have it for the whole year. R. 2 Jon. 5. R. inter Simmons and Pashly. B. R. T. 2 Jac. 2. Sal. 413, 414.

So, if the lessor determines his will after the land is sown, the lessee shall have free ingress and egress to cut and carry away the corn when it is ripe. Lit. S. 68. Sal. 413. Vide Biens, (G 2.)

So, if the corn be cut, and not carried off the land. Co. L. 55. b. So he shall have free ingress and egress for a reasonable time to remove his goods and utensils out of his house. Lit. S. 69.

So, by the custom of London, a will shall not be determined without half a year's warning if the house be above 40s. a-year, and, if under such rent, without a quarter's warning. Skin. 649.

And till that time elapses, the lessee cannot be ousted by ejectment, &c. Dub. Skin. 649.

(1) Tenant by sufferance.

(I 1.) Who shall be.

Tenant by sufferance is he, who enters by lawful demise or title, and afterwards wrongfully continues in possession: as, if tenant pur auter vie continues in possession after the death of the cestuy que vie. Co. L. 57. b. 2 Leo. 46. 3 Leo. 153.

Or, if tenant for years continues after the term is expired or determined. Co. L. 57. b. 2 Leo. 46.

So, if a devisee for life, upon condition that if he do, &c. his estate shall cease, continues in possession after the condition broken; he shall be a tenant by sufferance. Per Gawdy, 3 Leo. 153. 2 Leo. 142.

So any, who continues in possession, after a particular estate is ended, without agreement. Cart. 64.

the rent day determines his will, yet lessor shall have the rent incurring the next day after such determination of the will. Per Fenner and Williams; Yelverton contra, M. 3 Jac. Carpenter and Collins, Yelv. 73. 20 H. 7 Keilw. 65. is accord. if lessor doth not enter before the rent day.-2. He adds, see All. 4., in which book there is an opinion by Rolle conformable to that of Fenner and Williams.-3. Also in 1 Sid. 339. it is said to have been agreed by the court, that if land be leased at will, and the rent is reserved half-yearly or quarterly, the lessee cannot determine his will two or three days before the rent day, because that would be a fraudulent determination.

(i) 4 Mod. 79. Ld. Raym. 702, 1008.

(12.) Who not.

But none shall be tenant by sufferance against the king.

Co. L.

57. b. 2 Leo. 142., for if his tenant holds over, he shall be an intruder. Hard. 25.

So, if a guardian continues in possession after the full age of the heir; he is not a tenant by sufferance, but an abator. Co. L. 57. b. (k)

271. a.

So, if a custom is alleged, that a lessee for years shall continue half a year after his term; it will not be a good custom. Mo. 8.

So now, by the st. 4 Geo. 2. 28. If tenant for life, or years, or in possession under, or by collusion with him, hold over after demand and notice in writing for delivering possession by the lessor, &c. or his agent he shall pay at the rate of double his rent for the time he so continues possession; to be recovered by action of debt on which special bail shall be required, and no relief in equity. (1)

(K) Estates undivided.

(K 1.) Joint-tenants.- Who are. Estates are several, or undivided.

Vide Chancery, (3 V. 3.)

Estates undivided are by descent only, as estates in coparcenary; de quo, vide Parceners, (A 1. &c.)

Or by purchase only upon a joint title, as estates in joint-tenancy. Co. L. 188. b.

Or estates in common; which may be by descent, purchase, or prescription. Co. L. 188. b.

Joint-tenants are, when a man enfeoffs or otherwise conveys lands or tenements to two or more jointly. Vide Lit. S. 277.

And if the conveyance be to them and their heirs; they are jointtenants in fee. Co. L. 180. a.

So, if several make a disseisin, to the use of themselves; they are joint-tenants. Lit. S. 278.

So, if several abate, intrude, or usurp upon another; they are jointtenants. Co. L. 181. a.

So, if A. disseises another to the use of several persons, who agree to it. Co. L. 180. b.

If an estate be to A. and the heirs of his body, remainder to the right heirs of B. who has two daughters, and dies; the daughters take jointly, and not as parceners: for they take by purchase. R. 3 Leo. 14.

If a conveyance be to several for life, or pur auter vie; they are jointtenants for life. Co. L. 180. a.

And though there be several determinations of their estates, yet they may be joint-tenants: as, if a rent be granted to A. and B. till A. marries, and B. be advanced to a benefice.

Or, habendum to them, viz. (m) to A. till marriage, and to B. till advancement;

(4) The Annotator subjoins from Hal. MSS. And if guardian in such case dies seised, the entry of the heir tolls. 7 H. 4. 42. per Cul.

(1) By the st. 11 Geo. 2. 19., tenants giving notice to quit, and not delivering possession at the time contained in such notice, shall pay double rent.

(m) 1. The Annotator subjoins, see Hob. 171.and Sheph. Common Ass. 389. -2. In the two latter books, especially in Hobart, there is a variety of curious matter expounding

the

vancement; they are joint-tenants in the mean-time: and if A. dies before marriage, the rent survives; if after, it ceases for a moiety. Co. L. 180. b.

So, though there be a severance by the viz. or habendum; for that will be repugnant: as, if two acres be granted to A. and B. habendum the one to A. and the other to B. Hob. 172. 1 Sal. 391. Vide post, (K 2.)

So, if a rent of 401. be granted to A. and B. equally to be divided, viz. 201. to each for life. R. 1 Sal. 390.

So they may be joint-tenants, though there be not an equal benefit of survivorship: as, a grant to A. and B. for the life of B.; If A. dies, the estate survives; not if B. dies; for it is determined. Co. L. 181. b.

So, though the estates commence at several times: as, if A. disseises another to the use of several, who agree to it, one at one time, another at another. Co. L. 188. a. Pol. 373.

If a feoffment be to the use of himself and such wife as he shall afterwards marry, for life; they are joint-tenants. Co. L. 188. a.

So though there be several inheritances; as, if a conveyance be to two men and the heirs of their bodies; they have a joint estate for life, for the words, to them, are joint; though the inheritance of necessity shall be several, because they cannot have one, but several heirs of their bodies. Lit. S. 283. Vide post, (K 2.)

Or, to two women and the heirs of their bodies. Lit. S. 284. (n) Or, to two men and a woman and the heirs of their bodies; or è contra. Co. L. 184. a.

So, if it be to a man and a woman who cannot intermarry: as, to A. and his mother, or sister, or aunt, &c. Co. L. 184. a.

So, if land be conveyed to A. and B. and the heirs of B. they are joint-tenants for life. Lit. S. 285. R. Cro. El. 470. 2 Co. 60. b.

Though it be to A. and B. habendum successive. R. 1 Leo. 318. 11. So there may be joint-tenants of the inheritance, though the estates in possession are several: as, if joint tenants make several leases, or gifts in tail, and afterwards grant the reversion to two and their heirs; they are joint-tenants of the reversion in fee. Co. L. 183. b.

So, if a man conveys to A. and B. and the heirs of their bodies, remainder to them and their heirs; they are joint-tenants of the fee: for they take the remainder as a new purchase. Co. L. 184. a.

So there may be joint-tenants of a chattel; as, if a man leases to several persons for years. Lit. S. 281.

So, if a man gives an horse, or other goods and chattels to divers

-

the nature and use of a scilicet, and how far it may qualify the premises or habendum in a conveyance. 3. See also 1 P. Wms. 18., and the case of a bond to two with a scilicet severing the money between them, in Dy. 350. 4. Lord Hobart seems to consider the scilicet as a sort of ancillary clause, which may explain but cannot operate in absolute contradiction of the premises or habendum. — 5. In a Coke upon Littleton, he continues, which I have, the learned Annotator considers the scilicet as less potent than the habendum, observing upon the case here stated by Lord Coke, that though the scilicet cannot sever the joint estate given in the premises and the habendum, yet that the habendum might so controul the premises. He therefore holds, that if the grant of ten pounds (see in Co. Litt.) had been to A. and B. habendum to A. till he be married, and to B. till he be advanced to a benefice, that they would be tenants in

common.

(n) Vide 2 Ver. 545. 2 P. Wms. 530.

persons;