tithes or other incorporeal hereditaments, fhall be good; and that the rents, referved in fuch leafes, may be recovered by action of debt. Dean of Windfor v. 2 Saund. 302, $ 24. It fhould, however, be obferved, that, if a lease be made of an incorporeal inheritance, referving rent, such reservation is good to bind the leffee by way of contract, for the non-performance of which, the the leffor fhall have an action of debt; becaufe, if the leffee undertake to pay fuch an annual fum by his deed, fuch undertaking gives the leffor a right to it; and the Dalfton v. law, in all cafes, gives remedies adequate and correfpondent to every man's right. Reeve, 77. 446. § 25. If a perfon grants a future intereft in lands, 2 Roll. Ab. as a leafe for years to commence in futuro, he may reserve a rent immediately for it will be a good contract to oblige the leffee, and to ground an action of debt; and the leffor may likewife have his remedy by dif trefs for the arrears, when the leffee comes into poffeffion. § 26. With respect to the conveyances, in which a rent-service may be referved, it may be laid down as a general rule, that a rent-service may be referved in every conveyance which paffes any eftate to the tenant, or enlarges any eftate already in him. For, the rent being a return for fomething given, it follows that, where no estate paffes by the conveyance, there can be no return. Befides, the thing given, was antiently in the nature of a pledge for the rent; and, therefore, ought to be fuch as the giver might formerly have re Upon what 1 Inft. 193 b. Gilb. 28. vested himself in, and now may have recourse to for a distress, if the rent is unpaid. § 27. Lord Coke fays, that a rent may be reserved upon a release that enlarges or creates an estate, or that Vide Tit. 32. enures by way of mitter l'etate. But Lord Chief Baron Gilbert feems to doubt, whether a rent-service can be referved on a release that enures by way of mitter l'eftate, as, where one joint-tenant releases to another; for the releafe paffes an eftate in fee-fimple; and, the releasee being in from the first feoffor, there can be no tenure of the releafor, and, confequently, the rent must be feck, unless there be a power of dif tress in the deed. 1 Inft. 193 b., Gilb. 29. Vide Tit. 32. Winter's cafe, 2 Roll. Ab. 448. $ 28. Lord Coke fays, a rent-service cannot be referved on a release, that enures by way of mitter le droit, or by extinguishment; because, in fuch cafe, there is no reverfion left in the releafor to create a tenure: and, therefore, if a lessee surrenders his estate, referving rent, the reservation is void. But Lord Chief Baron Gilbert obferves, that a refervation of rent may be good by way of contract, upon a furrender of a leafe for years, which will be a fufficient foundation for an action of debt. § 29. At common law, no rent could be reserved on a bargain and fale to uses; but, now, fuch a refervation would be good. § 30. There may be several reservations of various rents in the fame conveyance. As, where a leafe was made made of three manors, referving for one a rent of 61., for another a rent of 51., and for the third a rent of iol., with a condition of re-entry into the whole for non-payment of any part: It was held, that these several refervations of rent created feveral tenures, demifes, reverfions, and rents. Rogers, Cro. Eliz. 340. § 31. Tenant in tail of the manor of C. leafed the Tanfield▾. fite and demefnes of the manor, and alfo all that manor of C. and all lands, &c. to the fame belonging, for twenty-one years; rendering for the fite therewith letten 61. 6s. 8d. and rendering for the faid manor and premises therewith letten 97. 10s. Refolved by all the juftices, that these were several refervations. 4 Leon. 27.. § 32. A leafe was made of three manors, viz. D. E. Lee v. Arnold, and F., referving for D. 51., for E. 10l., and for F. Iol. per ann.; upon condition that if the faid rents, or any of them, or any part, &c. were behind, the leffor might re-enter into all: and afterwards he fold the reverfion of one of the faid three manors to W. W. in fee, and afterwards fold him the other two manors the rent was in arrear for one manor, and thereupon the vendee entered into all three. Ad judged that his entry was not lawful: for, though the words were joint, yet the refervation and the rents were feveral. § 33. 4. feised of White Acre, Black Acre, and Green Acre, leafes all three to 7. S. for ninety years, rendering for Black Acre 3s. 4d., for White Acre 10s., and Hill's cafe, Knight's cafe, 5 Rep. 54. and for Green Acre 20s. quarterly, with claufe of reentry, if any part or parcel of the faid rent fhould be behind, &c. W. R. purchased the reverfion of Black Acre, and brought ejectment for 10d. for one quarter's rent, and had judgment: for these are several refervations and conditions. And a difference was taken between this and Winter's cafe, the rent in that being originally entire, whereas here it is originally feveral : and in that cafe the condition was, that if any part of the rent be behind, the leffor fhould re-enter into the whole. S 34. But, where there is one refervation of rent in grofs, at first; though it be afterwards divided and fevered into different parts; yet it will be one entire rent. $ 35. Thus, where the prior of the order of St. John of Jerufalem made a leafe of divers houfes in Clerkenwell for years, yielding the yearly rent of 51. 10s. 11d. videlicet, for one houfe 37. os. 11d., for another 20s., and for the other house several rents, refidue of the said rent of 51. 10s. 11d.; with çondition that, if the said rent of 51. 105, 11d. was behind in part or in all, that then the prior and his fucceffors fhould re-enter. It was refolved, that this was one reservation of the rent in gross at the first; and the videlicet afterwards did not make a feverance of it as the cafe was, but was rather a feveral declaration of the feveral values of each parcel; by which it appeared how, and at what rates, the whole rent was referved. $ 36. The $36. The law will, in fome cafes, make a rent Moor R. 202. feveral as, if two tenants in common make a lease upon condition, rendering rent, the law will conftrue the demise, the condition, and the rent, to be feveral; because the tenants in common have several reverfions. § 37. So, if a lease were made to a bishop or dean Id. in his public capacity, and to a private individual, referving rent; the refervation would be feveral. $ 38. With refpect to a rent-charge, it may be created either at common law, by a grant; or elfe by the operation of the ftatute of uses; which laft has become the most usual manner. As, where lands are conveyed to trustees, to the use, intent, and purpose, that A. B. may receive thereout an annual rent of 100l. during his life; the statute of uses (§ 4.) enacts that the person to whom fuch rent is limited, fhall be deemed to be in poffeffion and feifin of the fame rent, of and in fuch like estate as he had in the use of the faid rent. How a Rentcharge niay be created. Vide Tit. 11. ch. 3. f. 4. Rent. § 39. The only mode of acquiring feifin in deed of Of Seifin of a rent is, by the actual receipt of it, or of a part of it and formerly it was ufual, where a freehold estate in a rent-charge was granted, to pay the grantee a penny in the name of feifin of the rent. But, in the case of rent-service, the perfon entitled to the rent cannot acquire a feifin in law, until the rent becomes Tit. 5. c. 1. due, and he receives it, when he will acquire a feifin in deed. f. 14. § 40. With |