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Thomas Lovet, during the term, and after his decease to such person and persons to whom the reversion or remainder of the premises should from time to time belong, by the faid limitation of the uses, the sum of 31.

It was agreed by the court, that the leafe was good enough ; and that it was a rent, which was distrainable by those in remainder, as they happened to be immediate to the lease.

$ 54. William Whitlock, being tenant for life, under Whitlock's a declaration of uses of a fine, with remainder to his 8 Rep. 69 b.

case, son in tail, remainder over, with a power of leasing, demised the premises, reserving rent to himself, his heirs and alligns, and to such other person or persons as should be entitled to the inheritance of the said premises after his decease. It was objected, that this reservation was void, as rent could only be reserved to the leffor, donor, or feoffor, and their heirs, and not to persons only privies in estate, as remainder-men and reversioners. But it was resolved, that the reser. vation was good, for the reasons, which will be ex. Title 3a. plained in a subsequent title. That, if a reservation had been to the leffor, and to every person to whom the inheritance or reversion of the premises should appertain during the term, it would have been good : for the law would distribute it to every one, to whom any limitation of the use should be made. And it was agreed, that the most clear and sure way was, to reserve the rent yearly during the term, and leave the

law

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law to make the distribution, without an express reservation to any person.

At what time payable.

$ 55. With respect to the time, when rents are payable, it is either by the particular appointment of the parties in the deed, or else by appointment of law. But the law will never control the express appointment of the parties, when fuch appointment will answer their intention.

'Lat. 264.

3 Bullt. 329.

$ 56. Where rent is reserved generally it is payable at the end of the year. But if rent be reserved, annuatim durante termino prædicto, the first payment to begin two years after, this will control the words of reservation.

Harrington
v. Wise,
2 Roll. Ab.
450.

S 57. If rent is made payable at the two most usual feasts, without specifying them; the law will construe this to mean Michaelnias and Lady Day; because these are the days usually appointed in contracts of this nature for such

payments.

Idem, 449.

$ 58. If a lease be inade for years, provided the lessee shall pay 1ol. at Michaelmas and Lady Day, by even portions, during the term ; although the word annually be omitted, yet the law will construe it to be so, because it is made payable during the term.

2 Roll. Ab. 450.

$ 59. If a lease is made on the first of May, or at any other time, reserving rent payable quarterly, this shall be intended quarterly from the date of the lease, and not at the usual feasts.

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$ 60. If a lease is made, referving rent at the two Id. usual feasts, without saying “by equal portions ;" the rent shall, notwithstanding, be paid by equal portions.

S 61. A lease was made for twenty years reserving Clun's case, rent during the term, payable at Michaelmas and Lady 10 Rep. 127. Day, or within thirteen weeks after every of the said feasts. It was resolved, that the rent was not payable until the end of the thirteen weeks; the disjunctive being evidently added for the benefit of the lefsee,

$ 62. In a subsequent case, a tenant for life made Glover v. a lease for 21 years, rendering rent at Michaelmas and Archer,

4 Leon. 247 Lady Day, or within thirteen weeks of any of the said feasts. After Michaelmas, and before the thirteen weeks past, the tenant for life died; and his executors. brought an action of debt for the rent. It was ad. judged, that the action did not lie; for, the rent being to be paid at Michaelmas or thirteen weeks after, the lefsee had his election to pay it at any of the days ; and before the last day it was not due : and, when the leffor died before that day, his executor had no right to the rent; but, after the death of the lessor, having only an estate for life, the rent was gone. If the leffor had had a fee-simple in the land, and had died before the last day, the heir would have had the rent, as incident to the reversion. If the rent had been reserved at Michaelmas; and if it was behind for thirteen weeks, then that it should be lawful for the lessor to re-enter; if the leffor survived Michaelmas, his executor would have had an action of debt for the

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rent;

rent; because the rent was then due: and the thirteen weeks were but a dispensation of the entry of the leslor until that time.

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§ 63. But where a lease ends at Michaelmas, and the rent is payable on that day or within ten days after, the last payment is due at Michaelmas, without any regard to the ten days; the rent being due for the last year, although the year expired before the ten days. For, the reservation being annually during the term at the said feasts, or within ten days, it should be expounded according to the contract at the end of every ten days during the contract : but, the term ending at Michaelmas so as there could not be ten days after, the law will reject the ten days after the last feast, for that cannot be; and then it was due at the feast according to the contract of the parties.

Biggin v. S 64. Where a lease was made of tithes from Bridge, 3 Keb 534.

February 1661 to Michaelmas 1668, reserving rent at 3 Leon. 211. Lady Day and Michaelmas, or within twenty days after

each feast, during the term ; and an action was brought for the rent which became due on Michaelmas Day 1663, to which the defendant demurred, because the last Michaelmas Day was not within the term. It was held by Twisden, that in contracts the intent is fufficient; and that Michaelnias Day must here be taken to be inclusive.

When Rent goes to the Executor or to the Heir.

§ 65. Where the person entitled to a rent outlives the day on which it becomes due, it will go to his executor or administrator, as part of his personal estate.

But, But, if the leffor dies on the day preceding the day of payment, the rent will go to the heir, as incident to the reverfion.

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$ 66. Although rent must be demanded at sun-set i Saun. 287. of the day on which it is payable, if the lessor intends to take advantage of a condition, yet rent is not due until the last minute of the natural day. And, in the case of leases made by tenants in fee, or under a power, if the lessor dies on the day of payment but before midnight, the rent will go along with the land to the heir or the person in remainder or reversion; because the lefsee has till the last instant to pay his rent; and, consequently, the lessor dying before it was completely due, his personal representatives can make no title

to it.

$ 67. But, where a leafe is made by a bare tenant for life, which determines at his death, there, if the person entitled to the rent lives to the beginning of the day on which it is payable, it will veft in his executor or administrator.

§ 68. A term of 500 years was created for securing Southern v. an annuity or rent-charge of 200 l. per annum to Lady P.Wms.179.

Bellulis, cited Cole for her life. Lady Cole died on Michaelmas Day, on which day the rent was payable at nine o'clock at night. The question was, whether the term was void without payment of this quarter's rent; or, whether this quarter's rent remained due to Lady Cole, so as to entitle her administrator thereto.

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