So a lease by a college is not void by the st. 18 El. 6. though no rent be reserved in corn, where land, meadow, pasture, or tithes of corn are not part of the demise. R. Sav. 68.

So it shall not be intended, that it is not the antient rent, if it be not specially found. R. 1 Leo. 306.

And it need not be shewn, that the third part of the rent was reserved in corn, according to 18 El. 6. R. 1 Leo. 306.

So a lease by the st. 32 H. 8. 28. is not enabled to be made of a reversion, nor if a former lease be in esse, not surrendered or determined within a year after the new lease. Co. L. 44. b.

And such surrender ought to be absolute, and not conditional. Co. L. 44. b. R. 5 Co. 2. b.

So a lease of a reversion, in futuro, or concurrent, cannot be made within the 14 El. 11. for they are all leases in reversion. R. Cart. 14. 15. R. Hob. 269. R. Cro. El. 473. 564. Cont. as to a concurrent lease within three years of the former lease expired, Per Hale. But R. acc. as to a lease in futuro. 3 Keb. 46. 107. 193. 2 Lev. 61. 62.

But a bishop may make a concurrent lease for twenty-one years, if it be confirmed by the dean and chapter, though there be a former lease in esse, not determined within a year: for the st. 1 El. does not restrain leases, which do not exceed three lives or twenty-one years; and therefore, if it has the circumstances required by the common law, the lease shall be good, though it be not enabled by the st. 32 H. 8. Co. L. 45. a. per 10 J. Mo. 108. 1 Leo. 148. And this, since the 18 El. 11., for a bishop is not there mentioned. Cart. 14. Though the former lease has four, or more years to come.

R.

Mo. 108.

So a master and fellows of a college, dean, and chapter, &c. all restrained by the st. 13 El. may make a concurrent lease (concurrentibus iis quæ in jure requiruntur) for years, though the former lease be not determined within a year; so that, since the st. 18 El. 11. it be to be surrendered or determined within three years. Co. L. 45. a.

So every lease, not enabled by the st. 32 H. 8. nor restrained by the st. 1 El. or 13 El. ought to be made with the circumstances and consent required by the common law. Co. L. 45. a.

So a lease of a house in a city, &c. not enabled by the st. 14 El. 11. shall be good, if it be not within the restriction of the 13 El. and 18 El. Semb. Cart. 15.

So a lease of a house in a city, &c. pursuant to the st. 14 El. is not within the st. 13 El. or 18 El. R. Hob. 269.

So a lease by a bishop, or other spiritual corporation sole, shall be good against himself, though he does not pursue the directions of the statutes, though the statute says, that it shall be void to all intents, &c. Co. L. 45. a. (q) R. 3 Co. 59. b. R. 1 And. 244.

So

(q) 1. The Annotator subjoins, from Hal. MSS., Nota, lease for three lives by bishop not warranted by the statute, is not voidable against himself, but shall bind him. M. 44 & 45 Eliz. C. B. D. D. n. 32. Saunders's case.-2. And it is not void, but only voidable against the successor; for if he accepts the rent, the lease is good against him. M. 8 Car. C. B. Crook, n. 21. Owen and App. Rees.-3. But lease by A. dean of B. and his chapter not warranted, is void immediately against A. himself. Adjudged so, because the corporation is aggregate. M. 13 Car. B. R. Lloyd and Gregory.- 4. He adds, the case of Lloyd and Gregory is reported in Cro. Car. 502. W. Jo. 405. 1 Ro. Abr. 728. and

So a lease by a corporation aggregate, not pursuant, shall be good against them during the life of the dean, or other head of the corpor➡ ation. Co. L. 45. a. R. 3 Co. 60. a. R. Mo. 875. R. 1 Leo. 308.

But it shall be void immediately upon the death or removal, &c. of the bishop, dean, or other head. R. 10 Co. 62. a.

And the acceptance of rent by the successor, does not make it good for his time. Cont. 1 Rol. 476. 1. 15. Dub. Cro. Car. 95. R. acc.

2 Cro. 173. Dub. Cart. 16.

So a lease by a corporation aggregate, which has not an head, shall be void as to themselves. Hard. 326.

(G 6.) A lease by several persons; how it operates.

If parceners or joint-tenants join in a lease, this shall be but one lease: for they have but one freehold. 2 Rol. 64. 1. 20.

If tenants in common join in a lease, it shall be several leases of their several interests. 2 Rol. 64. l. 15.

So, if A. the owner of the land and a stranger join in a lease by indenture; it shall be the lease of A. only, and the confirmation of the stranger. Co. L. 45. a.

So, if A. and B. join in a lease of their several lands; it shall be several leases of their several estates, and a confirmation by each of the lease of the other. Co. L. 45. a. (r)

So, if tenant for life, and he in remainder or reversion in fee, join in a lease; it shall be the lease of tenant for life during his life, and the confirmation of him in remainder or reversion; and after the death of tenant for life, it shall be the lease of him in remainder or reversion. Co. L. 45. a.

So, if tenant pur auter vie, and he in remainder or reversion join; it shall be the lease of the tenant for life during the life of cestuy que vie, and afterwards the lease of him in reversion or remainder, and the confirmation of tenant for life. Co. L. 45. a.

(G 7.) A lease by estoppel, &c. Vide Estoppel.

So, if a stranger makes a lease by indenture, it shall be good against himself by estoppel: for he cannot say, nil habet in tenementis. Co. L.

45. a.

So, if A. who has right in land, and a stranger join in a lease; it shall be good against the stranger, by estoppel. Co. L. 45. a.

So a lease by indenture, or fine, shall be good by estoppel, though there was another lease in esse for the same time. Pl. Com. 434.

So a lease for years may be good by estoppel, for part of the years,

and 2 Ro. Abr. 495. But none of these books mention the point to which Lord Hale cites the case.— 5. See New Abr. Leases, H. where several authorities, besides that of Lord Coke, are cited to shew, that a lease by a corporation aggregate, though not warranted by the statutes, is good for the time of the person who was head of the corporation when the lease was made.

(r) 1. The Annotator subjoins, from Hal. MSS., and, therefore, where the declaration in ejectment was of a joint demise of A. and B., and on the evidence it appeared that they were tenants in common, the plaintiff failed. M. 5 Jac. Blakaspers case. Noy, n. 45.

2. He adds, see Noy, 13.

G 2

for

for which there is a former lease in esse; and for the residue it shall be good in point of interest. R. 1 Sal. 275.

If A. by indenture leases for years the land of B. and afterwards purchases the land, the lease shall be good against his heir by estoppel. Mo. 20.

So a lease shall be good of land in possession.

Or, in reversion, after an estate for life, years, or an estate tail in possession.

So a lease to A. for 21 years, and the same day another lease of the - reversion for 21 years, is good. Pl. Com. 432. b.

So a lease of land in possession, to commence after a lease to A. Pl. Com. 432. b.

So A. seised in fee may make a lease to commence after his death. Skin. 543.

So a lease for years may be assigned for part of the years. Skin. 543. But a lessee for years cannot assign his term to commence after his death for he has only a possibility. Skin. 543.

(G 8.) When a lease shall commence.

Every lease for years ought to have a certain commencement, (s) and a certain end: and therefore, if it be limited to commence from (t) the day of the date, the day after the date the lease begins. Co. L. 46. b. R. 1 Rol. 387.

So, generally, if it be à datu: for, à dutu, and, à die datús, are tantamount. (u) Co. L. 46. b. (x) R. 2 Rol. 520. 1. 37. R. cont. 2 Cro. R. acc. 3 Bul. 203.

135.

But

(s) Since a lease for years is a mere chattel, it may be made to commence either in præsenti or in futuro; and the lease that is to commence in futuro, is called interesse termini or future interest. 2 Blk. Com. 144. Shep. Touch. 267. — 2. A lease for years therefore may begin at a day to come, as at Michaelmas next, or for three or ten years after, or after the death of the lessor, or of J.S., and this is as good as where it doth begin presently. Id. 272.-3. A lease may commence at one day in point of computation, and at another in point of interest. Burr. 1090.— 4. Therefore, a lease to hold from a day past for fifty years then next ensuing, the said term to commence and begin immediately after the determination of an existing lease in the same premises,' was not considered uncertain as to its commencement. Ibid. — 5. So a lease habendum to the lessee for his life, which term shall begin after the determination of a previous term for three lives, is good. Cro. Eliz. 269.-6. So if an indenture of demise bear teste 25th March, 15 Car., and is delivered the day of the date, and the habendum is from and after the day of the date of these presents, for and during the time and term of seven years from henceforth next and immediately following, fully to be complete and ended; this lease begins in computation from the delivery of the deed which was the day of the date, and in interest the next day after the date, and so all the words will have an operation; for it appears that he was not to have the possession till the next day after the date, by the words habendum from and after the day of the date, which includes the day of the date; but that the seven years should commence by computation from the delivery, viz. from henceforth, which refers to the limitation of the seven years. Bac. Abr. Leases, L. 1.

(t) 1. This word from may mean either inclusively or exclusively. Cowp. 714. Lofft. 276.-2. But primâ facie means inclusively. Dougl. 463.

(u) 1. Cro. Car. 400.- 2. Which rule, that if a former lease be misrecited in the date, &c., and a new lease made to begin after the expiration of the said recited lease, that such new lease shall begin presently, holds as well in the lease itself, as where the jury find an indenture of lease, whereby it is recited, that the lessor made such former lease of such date and under such rent without finding it in fact, but only by way of

recital

But when a lease would otherwise be void, à datu, shall be construed, from the delivery. R. per 3 J. Treby cont. 3 Lev. 439. Sal. 413.

So, if a lease be made to commence from the date, when it has none, or an impossible date (y), it commences upon the day of the delivery. Co. L. 46. b. (z)

So, if it be made to commence from a former lease, when there is no such lease, or such lease is void, (a) or expired, or misrecited (b) in a material point; it commences from the delivery. Co. L. 46. b. (c) R. Jon. 355.

So,

recital in the deed, such second lease shall in construction of law be adjudged to begin presently, though in the deed it is limited to begin after the expiration of the first lease so recited; because the jury do not actually find the first lease, but only a recital of it in another deed, which recital may be false for ought that appears to the court: And then the second lease shall begin presently, as if no such first lease were at all, since the not finding it effectually, is as if there were none such made. Bac. Abr. Leases, L. 1.

(r) 1. The Annotator subjoins from Hal. MSS., Date and day of the date the same in point of computation, 5 Rep.-2. But in point of interest date is taken inclusive, day of the date exclusive in many cases. T. 9 Jac. B. R. Bulst. n. 177.-3. A., on the second day of August, 1 Jam., makes an obligation to B., and afterwards on the same day B. releases all actions usque datum scripti; the obligation is discharged; because date is delivery; otherwise if it had been to the day of the date. T. 9 Car. B. R. Rooke and Richards. — 4. Condition of obligation to stand to an award, so that it be made within four days after the date; a good award may be made the same day; and so it seems if it be the day of the date. M. 1653. Street's case. Stiles, 382,- 5. Obligation dated 2d January; release dated 1st January of all actions usque diem hujus præsentis temporis, but delivered 3d January; præsens tempus is the date, and so the obligation stood. P. 7 Jac. - 6. He adds, see farther as to the difference between date and day of the date, Com. Dig. Estates, (G 8.) Bargain and Sale, (B 8.) Temps, (A); and Vin. Abr. Estate, Z. a. Time A.; and 1 Wils, 165.

(y) 1. Where a lease is made to begin from the Nativity of our Lord last past, without saying from the feast of the Nativity, this lease shall begin presently; because it could be no part of the agreement between the parties, that the lease should begin from the nativity itself, which is past so many hundred years ago; and therefore for this impossibility of relation the lease shall begin presently. Bac. Abr. Leases, L. 1. 2. But if it were to begin from the Nativity of our Lord generally, or next ensuing, omitting the word 'feast, Twisden J. (Sid. 161.) was of opinion that such a lease should be void for the uncertainty of the commencement; but Siderfin, in reporting the case, makes a quære if it shall not begin presently; and in truth this seems the most reasonable opinion; for as to impossibility of relation there is the same in this as there is in the other, and therefore by the same reason it shall begin presently. Ibid.—3. And the editor of Bacon asks, what sound reason can be assigned why it should not commence from the Christmas intended by the parties? which well applies to the lease to begin from the Nativity of our Lord next ensuing, if not to the former. 4. Where a lessee for 100 years made a lease for forty years to B. if he should so long live, and afterwards leased the same lands to C. habendum for twenty-one years, from the end of the term of B., to begin and be accounted from the date of these presents; and the question was, if the lease to C. should be said to begin presently, or after the term of B. And held, that the lease to C. should not be accounted from the time of the date, but from the end of the term of B., because by the first words it is a good lease in reversion in that manner, and then it shall not be made void by any subsequent words. Bac. Abr. Leases, L. 1. (z) But where the limitation is uncertain, as a lease made the 10th day of October, habendum from the 20th day of November, without saying what November was meant, whether last past, or next ensuing, or what other November, the lease is thereby vitiated, because the limitation was part of the agreement, but the court cannot determine it, not knowing how the contract was. 1 Mod. 180.

(a) Cro. Car. 398. 502.

(b) A lease from the day of the date, and from henceforth, is the same thing. Cro. Jac. 258.

1. The Annotator subjoins from Hal. MSS., For misrecital a lease shall commence G 3 immediately

So, if a lease be made for twenty-one years, without saying, when it shall commence; it commences upon the day of the delivery. Co. L. 46. b.

So, if it be made to commence from the making. Co. L. 46. b. 2 Roi. 520. 1. 34.

Or, from henceforth. Co. L. 46. b.

Or, from the sealing and delivery. 2 Rol. 520. 1. 30.

But if it be a die confectionis, it commences the day after the delivery. Co. L. 46. b.

So, if a lease be the 25th of March, to commence abinde for one year, rendering rent at Michaelmas and Lady-day; abinde shall be taken exclusive of the day of the date: otherwise, the reservation would be after the term. R. 2 Rol. 521. 1. 10. (d)

(G 9.) What shall be a good commencement.

The commencement of every lease ought to be fixed and determined by express words, or such as may be ascertained by construction of law, or by reference to a certainty. (e) Co. L. 45. b.

And therefore, if a lease mentions a time of commencement at a day future or past, it shall be good. (ƒ)

So, if it mentions no time of commencement: for by construction of law it commences at the delivery. Vide ante, (G 8.)

So, if a termor leases for a less term, to commence after his death; it shall be a good lease of so many years as remain, after his death, of the first term. Per Holt, Sal. 413.

as,

So, if it be limited to commence upon a possible contingency (g); when A. pays 203. Co. L. 45. b. 6 Co. 35. (h)

Cum

immediately, 6 Rep. Bishop of Bath's case. — 2. The Earl of Oxford, by deed dated 10 Feb. 27 H. 8. demises to A. for twenty-one years; and afterwards by indenture reciting that he by indenture dated 10 Feb. 28 H. 8. had demised to A. for twenty-one years, demises the same land to B. habendum for thirty-one years, from and after the expiration, surrender, or forfeiture of the said lease. It was ruled that B.'s lease should commence in computation immediately, because A.'s lease was misrecited. H. 10 Car. B. R. Crook, n. 8. Miller and Manwaringe. 5. But if in case of such a misrecital, the habendum be from and after the demise and indenture made to A. and it is not said the said demise, then the second lease shall commence after the true lease, notwithstanding the misrecital. M. 1 & 2 P. & M. rot. 648. Mount & Hodgken, Bendl. n. 71. — 4. He adds, see Cro. Car. 397. and n. Bendl. 38. 5. See farther as to the commencement of leases and the effect of misrecitals in that respect, Shep. Touch. 272. New Abr. Leases, L. & Vin. Abr. Estate, Z. a. and Grant, R. 4.

(d) 1. A lease of lands by deed, since the new style, to hold from the feast of St. Michael, must be taken to mean from New Michaelmas; and cannot be shewn by extrinsic evidence to refer to a holding from Old Michaelmas. 11 East. 512.-2. And it seems that if a tenant for life lease and die, and the remainder man accepts rent from the tenant at the next day of payment, the implied tenancy thereby created is to be reckoned, not from the death of the tenant for life, but as was the original tenancy.

1 T. R. 161.

(e) As if a lease be granted for twenty-one years after three lives in being; though it is uncertain at first when that term will commence, because those lives are in being, yet when they die it is reduced to a certainty. 8 T. R. 465.

(f) A lease to commence ad festum Annunciationis, after the determination of a former lease, is as good as if it had been à festo. Cro. Car. 598. 502.

(g) A lease to commence or terminate on a contingency which must happen, is valid, since then its duration is made certain. 3 T. R. 462.

(h) If the years be certain when the lease is to take effect in interest or possession,