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tithes or other incorporeal hereditaments, shall be good; and that the rents, reserved in such leases, may be recovered by action of debt.

$ 24. It should, however, be observed, that, if a Dean of

Windsor v. lease be made of an incorporeal inheritance, reserving Glover, rent, such reservation is good to bind the lessee by way 2 Saund. 302, of contract, for the non-performance of which, the the leffor shall have an action of debt; because, if the lessee undertake to pay such an annual sum by his deed, such undertaking gives the lessor a right to it; and the Dalston v.

Resve, law, in all cases, gives remedies adequate and corre

i Ld. Raya. ļpondent to every man's right.

77.

446.

$ 25. If a person grants a future interest in lands, 2 Roll. Ab. as a lease for years to commence in futuro, he may reserve a rent immediately: for it will be a good contract to oblige the lessee, and to ground an action of debt ; and the lessor may likewise have his reinedy by distress for the arrears, when the lessee comes into possession,

$ 26. With respect to the conveyances, in which a Upon what

Conveyances, rent-service

may

be reserved, it may be laid down as a Gilb. 22. general rule, that a rent-service may be reserved in 1 Inst. 1444 every conveyance which passes any estate to the tenant, or enlarges any estate already in him. For, the rent being a return for something given, it follows that, where no estate passes by the conveyance, there can be no return. Besides, the thing given, was antiently in the nature of a pledge for the rent; and, therefore, ought to be such as the giver might formerly have re

vested

vested himself in, and now may have recourse to for a distress, if the rent is unpaid.

1 Inft. 1936. § 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'estate. But Lord Chief Gilb. 28.

Baron Gilbert seems to doubt, whether 'a rent-service can be reserved on a release that enures by way of mitter l'estate, as, where one joint-tenant releases to another; for the release passes an estate in fee-simple ; and, the releasee being in from the first feoffor, there can be no tenure of the releasor, and, consequently, the rent must be seck, unless there be a power of diftress in the deed.

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$ 28. Lord Coke says, a rent-service cannot be reserved on a release, that enures by way of mitter le droit, or by extinguishment; because, in such case, there is no reversion left in the releasor to create a tenure: and, therefore, if a lessee surrenders his estate, reserving rent, the reservation is void. But Lord Chief Baron Gilbert observes, that a reservation of rent may be good by way of contract, upon a surrender of a lease for years, which will be a fufficient foundation for an action of debt.

Vide Tit. 32.

S 29. At common law, no rent could be reserved on a bargain and sale to uses; but, now, such a reservation would be good.

Winter'scale, 2 Roll. Ab. 448.

S 30. There may be several reservations of various rents in the same conveyance, As, where a lease was

made

made of three manors, reserving for one a rent of 6l., for another a rent of sl., and for the third a rent of 10l., with a condition of re-entry into the whole for non-payment of any part : It was held, that these feveral reservations of rent created several tenures, de. mises, reversions, and rents.

Cro. Eliz.

S 31. Tenant in tail of the manor of C. leased the Tanfield v. site and demesnes of the manor, and also all that

Rogers, manor of C. and all lands, &c. to the fame belong- 340. ing, for twenty-one years ; rendering for the site therewith letten 6!. 6s. 8d. and rendering for the said manor and premises therewith letten gl. 105. solved by all the justices, that these were several reservations.

Re

$ 32. A lease was made of three manors, viz. D. E. Lee v. Arnold,

4 Lcon, 27., and F., reserving for D. 51., for E. 10l., and for F. rol. per ann. ; upon condition that if the said rents, or any of them, or any part, &c. were behind, the lessor might re-enter into all: and afterwards he fold the reversion of one of the said 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 reservation and the rents were several,

$ 33. 4, seised of White Acre, Black Acre, and Hill's case,

4 Leon. 187 Green Acre, leases all three to 7. S. for ninety years, rendering for Black Acre 35. 4d., for White Acre 105.,

and

entry, if

and for Green Acre 20s. quarterly, with clause of re.

any part or parcel of the said rent should be behind, &c. W. R. purchased the reversion of Black Acre, and brought ejectment for iod. for one quarter's rent, and had judgment : for these are several reserva. tions and conditions. And a difference was taken between this and Winter's case, the rent in that being originally entire, whereas here it is originally several : and in that case the condition was, that if any part of the rent be behind, the leffor should re-enter into the whole.

S 34. But, where there is one reservation of rent in gross, at first; though it be afterwards divided and severed into different parts ; yet it will be one entire rent.

Knight's case, § 35. Thus, where the prior of the order of St. 5 Rep. 54

John of Jerusalem made a lease of divers houses in Clerkenwell for years, yielding the yearly rent of 51. 10$. 11d. videlicet, for one house 31. os. vid., for another 205., and for the other house several rents, residue of the said rent of 51. 1os. uid. ; with condition that, if the said rent of 5l. 1os, 11d. was behind in part or in all, that then the prior and his fucceffors should re-enter. It was resolved, 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 case was, but was rather a several declaration of the several values of each parcel; by which it appeared how, and at what rates, the whole rent was reserved.

S 36. The

§ 36. The law will, in some cases, make a rent Moor R. 202. several : as, if two tenants in common make a lease upon condition, rendering rent, the law will construe the demise, the condition, and the rent, to be several; because the tenants in common have several reversions.

S 37. So, if a lease were made to a bishop or dean Ia. in his public capacity, and to a private individual, reserving rent; the reservation would be several.

$ 38. With respect to a rent-charge, it may be How a Rent

charge niay be created either at common law, by a grant ; or else by created. the operation of the statute of uses; which last 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 (S 4.) enacts Vide Tit. 11.

ch. 3. f. 4. that the person to whom such rent is limited, shall be deemed to be in poffeffion and seisin of the same rent, of and in such like estate as he had in the use of the said rent.

Rent.

S 39. The only mode of acquiring seisin in deed of of Scilin of a rent is, by the actual receipt of it, or of a part of it: and formerly it was usual, where a freehold estate in a rent-charge was granted, to pay the grantee a penny in the name of seisin of the rent. But, in the case of rent-service, the person entitled to the rent cannot acquire a seisin in law, until the rent becomes Tit. 5. c. 1. due, and he receives it, when he will acquire a feisin in deed,

f. 14

$ 40. With

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