Thomas Lovet, during the term, and after his deceafe to fuch person and perfons to whom the reverfion or remainder of the premises should from time to time belong, by the faid limitation of the ufes, the fum 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. cafe, 8 Rep. 69 b. S 54. William Whitlock, being tenant for life, under Whitlock's a declaration of uses of a fine, with remainder to his fon in tail, remainder over, with a power of leafing, demised the premises, referving rent to himself, his heirs and affigns, and to fuch other perfon or perfons as fhould be entitled to the inheritance of the faid 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 perfons only privies in eftate, as remainder-men and reverfioners. But it was refolved, that the refervation was good, for the reafons, which will be ex- Title 33, plained in a fubfequent title. That, if a refervation had been to the leffor, and to every person to whom the inheritance or reverfion of the premises fhould appertain during the term, it would have been good: for the law would diftribute it to every one, to whom any limitation of the use should be made. And it was agreed, that the most clear and fure way was, to reserve the rent yearly during the term, and leave the At what time payable. Lat. 264. 3 Bult. 329. Harrington v. Wife, 2 Roll. Ab. 450. Idem, 449. 2 Roll. Ab. 450. law to make the diftribution, without an express refervation to any person. $55. With refpect to the time, when rents are payable, it is either by the particular appointment of the parties in the deed, or elfe by appointment of law. But the law will never control the exprefs appointment of the parties, when fuch appointment will anfwer their intention. § 56. Where rent is reserved generally it is payable at the end of the year. But if rent be referved, annuatim durante termino prædicto, the first payment to begin two years after, this will control the words of refervation. $ 57. If rent is made payable at the two most ufual feafts, without specifying them; the law will conftrue this to mean Michaelmas and Lady Day; because these are the days ufually appointed in contracts of this nature for fuch payments. § 58. If a leafe be made for years, provided the leffee fhall pay 10l. at Michaelmas and Lady Day, by even portions, during the term; although the word annually be omitted, yet the law will conftrue it to be fo, because it is made payable during the term. § 59. If a leafe is made on the firft of May, or at any other time, referving rent payable quarterly, this fhall be intended quarterly from the date of the lease, and not at the ufual feafts. 1 § 60. If a leafe is made, referving rent at the two Id. ufual feafts, without faying "by equal portions ;" the rent fhall, notwithstanding, be paid by equal portions. § 61. A leafe was made for twenty years referving Clun's cafe, rent during the term, payable at Michaelmas and Lady 10 Rep. 127. Day, or within thirteen weeks after every of the faid feasts. It was refolved, that the rent was not payable until the end of the thirteen weeks; the disjunctive being evidently added for the benefit of the leffee, § 62. In a fubfequent cafe, a tenant for life made a lease for 21 years, rendering rent at Michaelmas and Lady Day, or within thirteen weeks of any of the faid 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 adjudged, that the action did not lie; for, the rent being to be paid at Michaelmas or thirteen weeks after, the leffee 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 leffor, having only an estate for life, the rent was gone. If the leffor had had a fee-fimple in the land, and had died before the last day, the heir would have had the rent, as incident to the reverfion. If the rent had been referved at Michaelmas; and if it was behind for thirteen weeks, then that it fhould be lawful for the leffor to re-enter; if the leffor furvived Michaelmas, his executor would have had an action of debt for the Barwick Biggin v. When Rent goes to the Executor or to the Heir. rent; because the rent was then due: and the thirteen weeks were but a difpenfation of the entry of the leffor until that time. § 63. But where a leafe ends at Michaelmas, and the rent is payable on that day or within ten days after, the laft 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 refervation being annually during the term at the faid feasts, or within ten days, it fhould be expounded according to the contract at the end of every ten days during the contract: but, the term ending at Michaelmas fo as there could not be ten days after, the law will reject the ten days after the laft feast, for that cannot be; and then it was due at the feast according to the contract of the parties. § 64. Where a leafe was made of tithes from February 1661 to Michaelmas 1668, reserving rent at Lady Day and Michaelmas, or within twenty days after each feaft, during the term; and an action was brought for the rent which became due on Michaelmas Day 1668, to which the defendant demurred, because the last Michaelmas Day was not within the term. It was held by Twifden, that in contracts the intent is fufficient; and that Michaelmas Day must here be taken to be inclufive. § 65. Where the perfon 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. § 66. Although rent must be demanded at fun-fet Saun. 287. of the day on which it is payable, if the leffor intends to take advantage of a condition, yet rent is not due until the last minute of the natural day. And, in the cafe of leafes made by tenants in fee, or under a power, if the leffor 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 leffee has till the last instant to pay his rent; and, confequently, the leffor dying before it was completely due, his perfonal reprefentatives can make no title to it. § 67. But, where a lease is made by a bare tenant for life, which determines at his death, there, if the perfon 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 fecuring an annuity or rent-charge of 200 l. per annum to Lady 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, fo as to entitle her administrator thereto. Southern v. |