Page images

S 79. By the statute 4 Geo. 2. c. 28. f. 2., it is Eje&ment,

Vide i Saund. enacted, that every landlord, who by his lease hath a Rep. 287 n. right of re-entry in case of non-payment of rent, when half a year's rent is due, and no sufficient distress is to be had, may serve a declaration in ejectment on his tenant, and affix the same on some notorious part of the premises, which shall be valid without any formal re-entry or previous demand of rent: and a recovery Burr. 620.

7 Term Rep. in such ejectment shall be final and conclusive, both in

117. law and equity, unless the rent and all costs be paid or tendered within six calendar months after.

By the fourth section of this statute, it is provided, 1 Int. 202 2. that, if the tenant, at any time before the trial in eject. *. 3. ment, pays or tenders to the lessor or landlord the whole rent in arrear with the costs, or pays such arrears and costs into the court, the proceedings in ejectment shall cease and be discontinued.

a rent.

$ 80. As it is a maxim of equity, that a right shall Courts of

Equity, not be without a remedy, the Court of Chancery will, Treat. of Eq. in some cases, give its assistance, to persons entitled to

B. 1. C. 3. 1.3. But equity will not grant a remedy for rent, where there is one at law, nor change the nature of the rent, so as to make the person liable, unless there is fraud in preventing the distress.

S 81. Where, by great length of time, it is become Bridges v. impossible to know out of what particular lands antient 6 Bro. Parl. quit-rents are issuable, the Court of Chancery has exercised a jurisdiction; and has constantly, on proof of



Ca. 368.

payment within a reasonable time, decreed a satisfac. tion for all arrears of such rents, and payment thereof for the future.

A&ions of
Debt and

S 82. There are also many cases, in which an action of debt may be brought for rent: and, in all modern leases, wherein rent is reserved, a covenant is inserted, on the part of the lefsee, to pay the rent, on which an action of covenant may be brought.





Of the Incidents to Rents.

§ 1o An Esta!e in Fee and in Tail $20. Within the Statute of Uses.


be had in a Rent. 27. May be granted in Remain5. And an Eslate for Life or

der. Tears.

30. May commence in futuro. 6. Occupancy of a Rent.

32. May cease for a Time. 11. Curtesy.

33. A Rent cannot be devefied. 14. Dower.

36. How a Rent may be forfeited.

Section 1. WITH respect to the several incidents to rents, the A. Efate in first is, that a person may have an estate in fee Fee and in

Tail may be simple in a rent-service, and also in a rent-charge. had in a Rent.

S 2. A rent being an incorporeal hereditament ifsuing out of land, is comprehended within the statute De Donis Conditionalibus, and may therefore be in- Tit. 2. C. 14 tailed.

[ocr errors]

S 3. There is, however, a very material distinction between a rent limited to a person and the heirs of his body, and an estate in land limited in the same manner : for the tenant in tail of the land may, by a common recovery, bar the intail, and acquire an

2 Lutw.1225. estate in fee-simple therein ; whereas the tenant in tail

3 P. Wm. of 230,

of a rent charge can only acquire a base fee by a recovery, which will determine on failure of issue of his body. This doctrine arises from the principle, that, a rent-charge being against common right, the law will not allow the grantee, by any act of his, to give it a longer duration or existence than that, which was given to it by its original creation.

Smith v. Farnaby, Sid. 285. Anon. 12. Mod. 513.

'S 4. But, where a rent-charge was granted to A. and the heirs of his body, remainder to B. and his heirs; it was held that a recovery by A. would convert his estate tail into a fee fimple; because the donor or grantor of the rent-charge had created a fee therein, and therefore the duration of the rent-charge was not enlarged.

And an Estate for Life or Years.

S 5. A rent-charge may de limited to a person for his own life or that of any other person, or for any number of lives : in which case the grantee will be tenant for life or pur autre vie of such rent.

A rentcharge may also be limited to a person for



of years.

Occupancy of Rent. Salter v. Boteler, cited Vaugh. 199 Salk. 189.

S 6. By the common law, there could be no general occupant of a rent: for, where a rent was granted to A. during the life of B. and A. died, living B., the rent determined. For, the grant being originally made to A. only, when he died, no one could claim it as occupant; because there could be no entry upon it: nor could any one claim it under the deed, because no one was party to it but the grantee. It fol


lowed, therefore, that, as no one could take it under the grant, it ceased and determined.

S 7. There might, however, have been a special Vaugh. 207. occupant of a rent: as, if a rent was granted to A. 1 Iust. 388 am and his heirs during the life of B., and A. died, living B. and leaving an heir, such heir would have been a special occupant of the rent.

S 8. If a man had granted a rent to A. his exe. Buller v.

Cheverton, cutors, administrators, and assigns, during the life of

2 Roll. Ab. B. it is said to have been agreed by the court, that the 152. executor of the grantee should not be a special occupant; because it was a freehold, which could not defcend to the executor. Mr. Cox, in his valuable notes 3 P. Wms.

264. to Peere Williams, has observed, that there seems to have been no found reason for this distinction : and this observation must be allowed to be perfectly just, when it is observed that, where lands were demised Tit. 3. f. 93to J. S. his executors, administrators, and asigns, during the life of B. the executors were held to be special occupants. And, if freehold lands are allowed to vest in executors, as special occupants; there can be no reason why a freehold rent should not vest in them also.

S 9. In consequence of the statute of frauds, an Tit. 3. 1. 94 estate pur autre vie in a rent is now deviseable; and, if not devised, is assets in the hands of the heir, if he takes it as special occupant; and, where there is no fpecial occupant, it shall vest in the executors or administrators of those, who had it, and shall be assets in Vol. III. Z


« PreviousContinue »