Lelfee for 20 Years lurrcnders rendring Rent during the Terra ; It was adjudg'd a good Rent for Co
many Year^ as the Term might have continued. Godb.146. pi. 183. 3 Jac. C B. Warner's Cafe.
Koy 109. S. C. by Name < f (EHa^tUr v. 3lgU0; And fays, That the Lefiee may diftrain for it ; And
that Durante Termino fhall be conftrucd for all the Years _
Upon Surrender of a Leafe by Parol a Refervation is good by way of Contrail, tho' without Deed. Re-
folved. Vent 241. Wiltton v Pinkney. 2 Lev. 80. S.C. Raym 222. S.C. And SjDatl*
ip's Cafe is fiid, Vent. 242. to have been fo adjudged in B. R That Tenant for Years might aflign his
whole Term by I'arol, rendring Rent, and cites the Cafe of 3$ima,ff V. .fiDtoeil. 25 Car. But in the
Cafe of Tenant for Life a Deed is neceffary, ut ante. But it was doubted if an Action would he be-
fore the laft Day was paft ; But 2 Lev. 80. S. C. reports it lies before all the Days are pad.
Vent. 2- 2. (LartlXingl't v ^&infencp, is, That Rent may be refcrved on a Surrender, but fays not
whether by Deed or without.
3. a Kefctbatton is not rjoos upon a Reieafe iuSjicIj enures bp toap
of (Sxtmguifljinent* 12 ip t 4+ i 7 , b T
(K) How it may be made. In what Cafes without Deed,
and in what not, and by what Deed.
x. A Kent map bC refetben upon a Leafe Years fcJitfjOUt DCCO* S P- Crf.
f\ 4°
2, Lelfee for 20 Years mav tliaKC a Leafe for 10 Years, rcferbinQ; a Br - Referra-
Kent uutbout Deco ; for be ijass a Kcberfion, tljo' tt be but aCbattie. *$g f *•
2 <£»4» "♦ but if he had
granted over
his whole Term, the Refervation without Deed would not be good. See (F) pi. 13.
3-3*
1 1 6 Refer vation.
? < V!5? 3* 3f a Feoffment fcC lliaCC by Deed Poll, rCfCflHrtff a Edit, it IS 3
Icce P t°£ 5005 Eefcrfcation. Co. Litt 143. &♦
Deed and Livery of the Land, he agrees to the Rent ; and the Rent u referved by the Words of the
Feoffor, and not by the Grant of the Feoffee. Co. Litt. S. 217, 149. b
Br. Refervation, pi. S. cites 12 H.4. 17. That Refervation on a Feoffment in Fee without Deed is
void, but contra by Deed indented.
jfctftbo'an 4. If Rent be referved without Deed for Equality of' Partition, or if
L^d s "h!tl7 Rent be a J^i" eei to a Feme in Ndme °f Dower, thofe are good without
fame County Deed - £r. Refervation, pi. 8. cites 1 2 H. 4. 17. PerThirn.
may be with-
out Deed, yet a Rent granted * for Equality of the fame Exchange cannot be without Deed. Ar,d the
Caufeof the Difference is apparent; For Coparceners are in by Defcent, ard are compellable to make
Partition. Co. Litt. 169 a — * It was agreed, That upon a Fee Simple it cannot be without Deed ;
But upon an Eftate for Life or 'fail it may be referved upon an Exchange, by reafon of the Reverfion. Br.
Reservation, pi. 4. cites 45 E. 3. 20.
5. Upon a Gift in fail ox a Leafe for Life a Rent may be referved with-
out Deed. Co. Litt. 225. b.
(L) By what Words it may be made. Salvo [gf c]
see co.) 1, A 99an cannot refcruc lip tins i©ort» (gbal&o) any services by
pi- 8, 9. _^TL which he hinifelf or his Mefne does not hold over. 26 $HT. 66.
see co.) 2, As tf a $?9att fcottid by Fealty oniv, aito fje Gibeg in Cail 8>alua
pi s, 9 - 20 s. Rent, tljis is not a ff'ooti Ecfcr'uatton of tfje I&ent 26 Stff* 66,
See(OJ 3* But if t(jC CCltaitt 1)0100 by Socage, and the Mefne by Knight-
P L 8, 9. Service, \)Z \\\ty fftVlC lit Call, rCfCCUinfi tat aUO @>a!tJ0 Knight Ser-
vice ; jfoc tlje Lanrj 10 crjargeo tuitij a JForeisn <&eraicc, tljo 1 tlje
Donor, oces not ijoio tljercbv. 26 an; 66. arnifoscD.
[Other Words.]
See PI. C. 4. Refervand, Reddendo, Solvendo, Faciendo, Inveniendo, Dummo-
the'caVe of do > an * ft,c & llfec «» apt iBorosi to referee a Rent €0. litt 47 .
Browning v. Beefton.
Per curiam, 5 . jf articles of agreement tnocntcti are maoe, fcaleo aim t?eli=
aRd-rvati ^ txm &«»»)€€» 3. aitO 03. aitO tfjC i©aCU3 arc, Ic is covenanted and a-
on by the g reed th« a. d °t h le ^ fuel) Lano to 13. foe ft toe IHars from tlje 3du
Reafon of CfjaCllttaS flftCC, provided that the Leiiee lhall pay therefore at Mieha-
the Word elmas, and our Lady-Day 100 1. bv even Portions. Tit tig Wit Cf) 3d
£m ilid, op " ©v firtt *® m ? arc' a Parent Lcafc, toe }3ratoiio foal! be a preterit
That it a Eefertoation of a Rent aim not of a ©urn in erois. c©. 3 a, 20.
good Refer- eu 03. K. aruttogco.
vation alfo,
omitting the Word Yearly, and that Provifo It is covenanted, makes as well a Covenant as a Ref-r-
vation. Noy. 57. Harrington v. Wife Mo. 459. pi. 6;S Mich. 58 & 39. Liu. s <; ru ] ed to v be
a Refervation. Cro. E. 486. pi. 2. S. C. And tho there were not any Words of Agreement to pay ir
nor any Refervation, yet all the juftices held it a good Refervation, that being L Articles, whereto ei-
ther of them were Parties, it is a good Agreement, that the Rent fhall be paid' Annually during the
Term, which is tantamount as if it had been a Refervation upon the Lcafe bv Words of Refervation,
And adjudged for the Plaintiff.
6. Jf
Refer vation. 117
6. 3if a. leafes lano to 'B* bj> 3inncttturc, ana t (je HBotosi are, inSeeRent(P)
Conlideration ot the Payment of the Rent herein alter mentioned {)£ PJ- 2 - in the
Icafess qtc* aim after m tlje Tame 3inucnturc, b. covenants for Dim aim e '
f}& afliSWBi Ulltlj 3* aim ijig SftVujttS to pay 10 1. Rent at certain Feaits
Annually $c» <&W fljall be a Bent, aim not a Sum in ©rot's ;
jfor upon tfje luljoie atmeiiture it fljall tie a Rcferoatton, ana not a
COfcCliant; if Or tljC It^OVUS (In Conlideration of the Rent hereafter
mentioned) mafceg it msicientlp cleat* °$, 1231a, 15. E» betmeen
At how and Hemwg aDjUOfJCO*
. 7. It is to be known, that this Word (Salvo) mall be a good Exception *See 35 k&
of iuch things which are ///. the Poffejjion of the Feoffor, Donor &q. at a - b - PerLit-
the Time of the Feoffment, Gift &c. And alfo this Word (Salvo) gives • leton ' that
a *New Thing unto the Feoffor, Donor which was not in him before &c. "rS""
Perk. S. 645. _ dum#
8. In Avowry it was faid for Law, that by this Word Salvo in a s P Br Te
Deed, a Man cannot five that which is in Effe at this Time, but if he nures, pi. aS~
will rejerve a New Rent or fining, it ought to have thole Words, Reddend' cites - 6 Ai{ -
or Solve nd' ; Quod Nota, per Danby and others. Br; Refer vation pi. 66-
2. cites 35 H. 6. 34.
9. There is a Diverfity between an Exception, (which is ever of Part of
the Thing granted, and of a Thing in Effe) for which Exceptis, Sal-
yo, Prseter, and the like, be apt Words ; and a Refervation, which is
always of a Thing not in Efie, but newly created or referved out of the
Land or Tenement demifed. Poterit enim quis Rem dare, & partem
Rei retiriere, vel partem de Perrinentii3, & ilia Pars quam retinet fem-
per cum eo eft & temper fuit. But out of a General, a Part may be ex-
cepted, as out of a Manor, an Acre, Ex Verbo generali aliquid excipi-
tur, and not a Part of a Certainty, as out oi 20 Acres, one. Co.
Litt. 47. a.
(L. z) What a Covenant, and what a RefervMhn. See ( L ) pi.
•J 5> "•
Leafe is made referring 4/. per Ann. but Lejfor covenants to allow Yelv 42. &
_ 3 s. qd. yearly, in Conjt 'deration of bringing it to Lejfor' s Hon
-This is no Alteration ot the Rent, and is no more than a Covenant. Cro. cordingly.
J. 34. Trin. 2 Jac B. R. Mafon v. Chambers.
2. By Articles indented between A. the Teftator and B. the Defen-
dant, it was covenanted &c. and A. covenanted that E. fhould have and is c'adl
enjoyfuch a Houfe and Lands for fix 2 ears, and that A. fhould repair the judged,' and
fame : In Conlideration whereof, it was covenanted between them, and f a y s > that
B. covenanted &c. for himfelj, his Heirs, Executors and Affigns to pay to [ S ,"y as
A. his Heirs, Executors, and AJftgns the Yearly Rent of 90 Pounds. B. foX^S"
entered, A. died, and his Executor brought an A&ion for the Rent. 37 & 38 E).'
It was infilled for him, that this was not a Refervation, for then the BR. Rot.
Rent would go to the Heir, but it was merely a Covenant to pay a Sum \}\- "l* e
in Grofs, and then the Executor fhould have it, and that otherwife the ^n vWiie "
Words of Covenant would be idle j Belides the Words being (In Con-
sideration whereof he covenants) refers to more than the Covenant to
enjoy the Lands ; adjudged a Refervation of the Rent, and that it fliall
follow the Refervation, and go to the Heir; for as the Words Covenant
and Grant that the Lejfeejhall enjoy &c. amount to a Leafe, and lhall bind
the Heir, fo the fame Words ot the Lelfee, that he will pay a Yearly
Rent, amount to a Refervation, and the rather becaufe he covenants
and grants to pay to him and his Heirs. Cro. C. 207. pi. 1. Hill. 6 Car.
B. R. Drake v, Munday.
Hh 3. A.
1 1 8 Refer vation.
3. A. leafes to E. and C. his Wife yielding 40/. per Ann. Rent, and
B. covenants to pay a Conp/e of Capons wore, or 6 s. Sd. in Money; this i*
no Refervation, and doth not bind C. But if B. and C. had both cove-
nanted to pay the Capons, or if the Leafe had been to B. only, and he
had covenanted to pay them, this Covenant had amounted to a Referva-
tion ; per Hale Ch. B. Hard. 326. Pafch. 15 Car. 2. in Scacc. Morris v.
Antrobus.
4. In Covenant upon a Demife for Years rendering Rent, and Breach
fliagn'd for Non-payment, the Defendant pleaded that Part of the Rene
was to be allowed Sic. And per Cur. This is a Covenant again/l a Cove-
nant; Judgment pro Quer' nili &c. Comb. 21. Trin. 2 Jac. 2. B. R.
Burroughs and Hays.
(M) What {hall be good ; In refpeft of the Uncer-
tainty.
Mo 459 pi. *â– T-^ a 9^K lea ^ es *" or ^ ve Years J Provifo that the Leflee mall pay
6;S.S.V.ac- X fOt it at Michaelmas, and our Lad) -Day 100 1. by even Portions
cordii^ly.— during the Term j tl)0' t!)C ft&Ortt (Annually) is Wanting there, yet
5 Ai L 2 p in *&& fl > lH bc tflfeen w ^ sinnuallp During ail tt»c ®erm, in ass mucrj
* f^o as it i9 raw, tijat it fljall be * paw Hitting tijc Cerun ^ 38, 39.
L/V\J ©!* 03* K. blttOCCU Harrington and Wife a'OUWffttL
2. 3jf a ss^an icalens foe £ear& rendering a certain Rent at two
ufual Feafts of the Year, without expreifmg what Feafts CettailtiP, yet
tbe im mill rap, t&at tljiss fijali be at tijofe tuio JFcalts mijicl) are
matt ufual for j&ipmentg, faucet, ^tcijaelmajs atw laajHDap.
^» 38, 39 €1.05. E. M'mtXi Harrington and life aU)UHffCD*
3. 3f a g?an ieafes Lano Primo Maii, or at any otijer tCime, pay-
able Quarterly, it fljall be intcnoeu Cuiarterto from t(je making of
tlje leafe, ana not at tlje ufual JFeaftg. \p. § 3a. 15, per Cofcc.
4. 3jf a $j)an devifes 10 1. Rent out of certain Lano uutlj Claufe of
Diffte®, payable Quarterly tO l)td <£>tCUMrO Of ijty O^anOr Of 2X
Burins fjis Lite; the DeOtfcc ffiall ijatoc but 10 1. a £ear payable
Cwarfeii]?. vp. 3 3a. 15. per eturfanu
5. Jf a ^an grants a Rent of 20 s. tO attOtljCl*, payable at 2 Feafts
of the Year naming them, aittJ OOCSi UOt fol' bj? Cqtial IPOrtiOWS; }?Ct
tijts is gooo, atW fljall be fo intciwco. 13 $>. 4-.^aouirp 240.
Lat. 256. 6. Gftiolibet Dimidio Anm, and fays not Annuatim, yet good during
Arg. cites t he Term. Palm. 482. Arg. in the Cale of Sury v. Cole, cites Pafch. 21
s - c ' Jac. B. R. Hampton v. Brett.
Lat. 256". rj. Leafe refen ing bis Dwelling, his Executors mall not have it ; but
citesS. C. otherwise, had it been dming the Term. Arg. Palm. 482. in the Cafe of
Sury v. Cole cites 27 H. 8. 18, 19.
2 Vent. 272. 8- Demife at Will paying after the Rate of iS /. per Ann. during the
S. C. ac cor- c ont j nuance Q f that Deinile. Per. Cur. thePvefervacion ad Ratamon Leafe
/s^lk 162. at Will, where Time of Payment ihould be very certain is not good; For
pi. z.S. C. if the Tenant hold over a Day, he mult pay the Rent of the next Quar-
that it is ter. But Dolben J. inelin'd that it being uncertain ho .v long the fe-
voirf forUn- nant wou id continue Polfelfion, he being only Tenant at Will, this Re-
"â„¢ 2 y 5~ fervation might be good. Hill. 3 & 4 \V. &M. B. R. 4 Mod. 76. Par-
S C. accord- ker v. Harris.
ingly, and (b
a Judgment in C. B. was reverfed. Skin. 50; . S. C mentions no Judgment, but that Holt feem'd :•
think the Refervation ill.
(M. 2) Good
Refervation. 119
(M. 2) Good. Tho' no Prefent Diftrefs can be had.
I. T O R .D, fflefi»i and Tenants are, and the Mefne grants the Mef-
| 1 nalty in Tail rendring Rent : This is a good Rent, and well re*
ferv'd, tho' here be not a prelent Diltrefs. Yet it may be the Tenancy
may efe heat , and then Donor Jhall dijfrain for all Arrearages : And fo the
Rent is payable by the Poffibility. Arg. Le. 59. cites 1 H. 4. 1, 2, 3.
2. A Man kafesfor Life, and alter grants a Rent-charge to a Stranger,
this is a good Grant to charge the Reverlion, but the Grantee cannot di-
fitain the Tenant for Life in his Lire : Nevertheless, it is laid ellewhere,
That after the Death or Surrender of the Tenant for Life, he may di-
ftrain for all the Arrears. Br. Grants, pi. 118. cites $ H. $. 8.
3. A. leafcs to B. for 20 J ears , and afterwards grants the Reverjton to C.
rendring Rent. Per Danby and Needham, if the Bealts of C. come upon
the Land, A. may dillrain them lor the Arrears incurred ; but PerMoile
A. can do Nothing upon the Land during the Term, but it A. has once
Seilin of the Rent he may have Affile for Arrears incurr'd alter ; but after
the Term ended, A. may dijirainjor all the Arrears &c. 10 E. 4. 4.
(N) To whom it fhall be faid to be referred, upon
the Words.
1. T *7 a^nn leafes lairo foe life or &earg, refersmn; Rent during f p. f^
1 the Term generally, MttjOUt fojntlg 1U01X, tljat 10 tO &P, ^{fdifci
t)tm ana m 5;eirs, yet tije Law will lap, Cijat tjjiss fljail p to W h.'s. , 9 .-L,
jpatg ano afugng* Co, Lttt. 47- ? £ Foi ; h
- is Part of
the Reverfion ; quod nota. Br. Conditions, pi. 7. cites 27 H. 8. 14, I 5. â– If it be referred gem-
rally, and [ays not to whom, it fhall go as well to the Heir of the Leffor as to the Leffor himfelf Per
Gawdv J.Goldsb 148. pi. 6S. HHL4.;. Elk. Anon. Jo. 509 Mich.SCar. B. R. in the Cafeorf
JBUnt ti. ^lltnan, a Doubt was mov'd, when a Leafe is made for Years rendring Durante toto Ter-
mino aRenf/o the Lejfor, whether the Refervation be determined by the Death of the Leflor, and re-
folv'd that it was.
'iY&irwz 867 aonibgku ' Co. tin* 47- D - « a - p'-
1. Mich. 3!
H.S. in an Anonymous Cafe. S P. — S P. Palm. 4S2. in Cafe of Sury v. Cole. S. P. Per Gawdv J.
Goldsb. 148. pi 68. Anon. S. P. Per Hale Ch. J. 2 Lev. 13. in the Cafe of Sacheverel. v.Fro-
gate. Kelw. 88. b. pi. 5. Hill. 22 H. 7. Anon contra.
LefTee for 20 Years leafes for 10 Years rendring Rent to him. Adjudged that his Executors fhall
have the Rent, becaufe he reprefents the Perfbn of the Teft.itor. cited by Coke Ch. J Roll. Rep. 371.
Pafch. 14 ]ac. B. R. in the Cafe of Golf v. Haywood, as refolv'dPafch. 27 Eliz. in Conftable's Cafe.
S. C. cited per 3 J Jo. 309. asadjudg'd 27 Eliz..
3. 3if a 93an leafes Lanti far Scares rcfertjfos 20 1 J&ntt [ato s. c. accor-
l)e iSfCtfCt! itt f CC] to him, his Executors, and Alligns, WltOOUt tiatH> £"&'? ^° 2
H\$\)i# £>cir0, tljc&cnt i& Bctermmcn fr> tl* Dcatij of tlje leflor; & lb ii' \\s.
"Becaufe w Kkic cannot ijafcc it, nufuutc& as lie in Bot JQaracn, ir is w
anO t!je (JErecutor, tl)o' !>e benamen, pet ijc id a fetranccr to tS)c the y rc, ' ed
EeliCtfiOnv |>. 3 3- €U 03. bUShttfl Richmond and Butcher SUJjlttlfffll* fl£L" to
Clje Wljiclj Jntratitr Jp. 33- CK Sot. 13 16. €0, iitt.47- them in
Writirg in
12 E. 2. where it was fo adjudg'd. , And. 2
Power
i2o Refervation.
Power to make the Refervation as he pleafed, and to continue the Rent forall or Pirt of the Term only,
ar.
2 \ Cll , u fhould continue fo long and no longer ; and if he had referved it to him during the
Term if he lo Ion"- live, or had referved it during the Term, there if he diesthe Rent determines ; but
if he referves an Annual Rent during the Terra, v. ithout laying To him, or to his Heirs or Affigns, yet
it "oes with the Reverfion, becaufe it ftands v. ith the Intent of him that relerves it, and nothing appears
to the contrary ; and they compared it to the Cafes of Warranty, which might be made either to bind
himfelf only, or himfelf and his Heirs, or for the Life of the Grantee only. Our. 9. S. C. ac-
Law
tut, buc
cordingly, and the fame Reafons mentioned as in And. 261. fupra. and adds a Diverfity where the I
, a Tenure, and where the Party makes it ; For in the firft Cafe the Heir fh. ill have the Rent,
otherwife in the laft Cafe, unlefs there are exprefs Words for the Heir, as in ic E 4. 19. bv Moile if
H. makes a Gift in Tail, and referves no Rent, yet (hall the Donee hold of the Donor and his Heirs, as
the the Donor holds over ; but if he make a Leafe for Years, rendring Rent to the Leflbr, the Heir
fhall not have this Rent, for it is a Tenure made by the Aft of the Party. So in the Book of AfUfes Sd.
J r a Man lets 2 Acres of Land rendring Rent I o s. for one of them to himfelf by Kame, without naming
his Heirs, it is idjudged, That the Heir fhall not have the Rent ofthisAcre; And this is refembled to
the Cale of 12 Edw. 2. where a Man made a Leafe for Years rendring Rent to the LefTbr and his AC-
fizns here none fhall have the Rent but the Lcffor, and it is void by his Death, for his Aflignce can-
rot be privy to the Refervation ; and the V\ ord< of the Party mall not in any Cafc be enlarged, unlefs
there be Teat Inconvenience to be avoided, and his Intent and Will is performed if he himfelf has the
Rent. — H — D. 180. b. Miirg. pi. 50. cites S. C accordingly. 2 Le. 214. pi. 271. Mich. 55
Eliz.. C B. reports. That it was held by the Court, that the Rent fhould go to the Heir notwith(i.:nd-
ing the Special Refervation ; Becaufe the Words of the Refervation are (During the Term) and that
the other Words (To his Executors and Affigns) fhall be void, and then the Rent fhall go with the Re-
verfion to the Heir, and cited 27 H 9 19 by Audley- HaleCh. J Vent. 162. in the Cafe of
Sachevtrcl v. Frogate cites the Cafe of 27 H. 8 19,2nd fays the Cafe of Lane [Latch it fliould be] 2 jtf.
Richmond v. Butcher, and Cro. E. 217. wentupon a miltaken Ground, which was the MS. Report of
12 E 2. whereas he luppo'es the Bock intended was 11 E. 5. Fitzh. Affife £6. For upon Search of the
MS. of E. 2 in Lincoln's-Inn Library, there is no fuch Cafe in that Year; But the Cafe in 12 [u]
E. 2. is One leifed of 2 Acres leas'dOne, refeiving Rent to him, and leafed the other, relerving Rent
10 him ar.d hi- Heirs ; and refolv'd, That the firft Refervation fhould determine with his Life ; tor the
Antthcfis in the Refervation makes a ftror.g Implication that he intended So. S. C. cited by Name of
Buxhcrand Richmond Jo. 509. in the Cale of Bland v. Inman.
i:Rc D . 55- 4. If a Sgton Icnfcs Lanorcfcroinrt. 20 I. Ecnt to him and his Affigns,
s. c. but no nnl! Ql£Sj i-^ jp ni - fjj a j( not jjaue this Ecnt, nor tlje ailirmee of tfje
— d S c "-^ S)«r» becaufe rtje one 1$ not named* S£ic&. 5 3a. 05, aojuogeo
s c ad. upon Demurrer, tije toijicij Intratur ^r. s- 3a. Eot. 3077- bfr
fudged tttieCU Wwton and Edwin, O, JLltt, 47- Cljct e faio to be in IS* E,
S. C. cited
Jo. 5C9. in the Cafe of Bland v Inman. S. P Per HaleCh. J. 2 Lev. 15 in the CafeofSache-
verel v. Frogate.
N °y 53- 5. If tlje LOrtI Of a COpPljOlO Suitor grants a Copyhold, rendring
s. C. but £zxti\U\ ECllt Pnefato Domino at a certain Cime, Ft Servitia debita
L —r & de J ure confueca. Jit this Cafe l)io Ociro after Ijio Deatlj, ano Ijts"
^-Mo. 5.0 atfiens fljiiil bnoc tnc Ecnt, itbetna; tcierueo op a Copp, 1£. 3».
pi. 46S. s.C
05, E, bCtlUCen Crifp and Frier aOjUOgCO,
but not S. P.
. Cro. E. 505. pi. 90. S. C. but notS. P.
Jo .50S.S.C 6. A. poffefledof aTermfor 100 Years by Deed UiOCntCO, mcntiOlVB tO
adjudg'dfbr fa between him and B. his Feme of the one Part (OUtihe never leaied ttje
Sf|£ iDceO) 3, ailtl '35, affigned the Term to C. yielding, ailO papiS during
448 pi. 516. the Term to A. and B. and the Survivor 01 them, and to the Alligns 01
S. C fays ' the Survivor Of tijCm 10 0. Edit pCl* SttUL upon Condition, Cbatlf tijC
Quwej For^ cnt jj C not p ai0 , t njOtllU 13C iaiUiUl lor him and his Feme, fltlO tt)C
diffeVo i ®uroi\)or of tljem, ano tlje afftgno of the Suiromor to re-enter, ano
mud. in after a. dies, tjio sumumttrator nor TS* tije ifeme of a.fljall not baoe
their opi- tije Ecnt, nor enter for tlje ConOitiou broken ; jror ttjc Icmc can^
^"VTg not baoc it, mafmucl) ajs tyc OtO not fcal tije Dceo, ano To tfje Ecnt
s c flvs cannot be rclcroco to Ijec Octiuj a stranger, ano rfjerefdre ao to ijee
That the it is 0010, ano tlje aammiftratoc of a, ttjall not Ijaoe it a$ airignce
judgment of a, ouruig tlje Lite of 15, mafmuctj aoit uiaonot intcnOeo aoa
was affirmed, j^fnittatlon to Bctcniiuie Op Dcatij of 15, but to 0c refcroeo to 25.
V^o^tV DCClCif, * atVO beilUX OOlO as tO tljIS, tt fl)all not be extended to a Li-
mitation, ano tlje <£onOttiortm tuns Cafe xww ujttu tfjeEcnt, ano
tberefore
Refervation. 121
therefore tijc jRcnt being gone, tlje Contortion is gone alia, anto tljo' -a e. cited
tlje Eent is refcdicto touring tlje Cerm, wt tlje otter n^om.si (to a* ArpSaund.
nnu 03. $0 rettrain it. spefj. 8 Car. 15. K. between £/w ««*/*• j n ^ec a r e
man, aDmogeto upon upon Special Dcrtoscr bp Eicfjartofon, Jones, sacheverei
ano Crofte, Contra i3artdep. Sintratut Ipill. 7 Car. Bot. 55°- v Fr °sw-
a-ut afrcnunrtos ai^nt of error urns brougljt in tlje Cjccljcqucr- -— Th . ereis
Cljambcr, anto tfjen tijc parties agrecto. LS *
Condition that
requires a Re-entry, and a Limitation that Ipfo Facto determine'; the Eftate without anv Entry : Of the
iirft no Strai ger fhall tal e Advantage ; but in Cafe of a Limitation it is otherwife, As if a Man make a
Leafe Quoufque (that isto fay) until J. S. come f"r''m Rome, the LefTor grants the Reverfion over to a
Stranger. ] S. comes from Rome, the Grantee fliall take Advantage of it and enter; becaufe the Eftate
by the expreis Limitation was determined. So it is if a Man makes a Leafe to a Woman, ghumdiu Cjfta
merit ; Or if a Man make a Leafe for Life to a Widow Si tarn diu in Pura Viduitate viveret. So it is
if a Man makes a Lee r e for 100 Years if the Leffee live fo long, the Leflbr grants over the Reverfion,
the Lcllcedies, the Grantee may entct. Co. Litt. 114 b.
7. JfAi-feifed-in Fee, leafes for Qm$ refcrOing &Citt during the See P 1. 3 and
Term'tohim, his Executors, and Aliigns, C!!1D tilCjS, tiJC KCllt iS gOtie ; t h°'"J_l
for m 8>«c cannot f>av»c tlje Kent, utafmudj as it is not mcr'ueto s . g' 3 buii
to Dim, but .to tije € realtors anto StfignS. C^tclj. u Car. 05. ft. 32s. ad-
bet UJCClt Sbm^ and Brown flto)U0geto. H|' d gj"
Tor.es, and W-hitlock J. abfente Doderidge,' who had been of Opinion that Judgmentought to be given
agair.ft the Plaintiff. — - Noy 96. cites it as decreed in Chancery for the Heir in the Cafe of Winch v,
[Winch. 2 Lev. 13 Trin. 23 Car. 2. B R S.icheveral v FrogatS. P. where it is (aid, Arg. That
the Cafes of Sur.y v. Cole and Sury v. Brown, were Both adjudg'd that the Rent fliould continue con-
trary to what is reported in Roll and Latch in thole very Cafes: And Per Hale Ch. J. The Rent being
rcterved to him and his Executors and Affigns, it will continue after the LelTor's Death, and go to the
Heir by reafon of the plain Intent that it fhall endure after the Leflor's Death, for otherwife it could
not go to the Executor, and this without the Words (During the Term) But otherwife where the
Rent is relerv'd to Him, or to Him and his Affigns. And at another Day after 2 Arguments, Judgment
was given for the Plaintiff S. C. accordingly Vent 148. 161, 2 Saund. 370. S. C accordingly,
and iaysthe Roll of Sury v. Browne was produe'd in Court. Freem. Rep. 16. Mich. 1671. S.i«
cheverel v. Walker feems to be S. C.
8. A. Tenant for Life, Remainder to A. for 12 Years, Remainder to
the firit Son of A. in Tail,: with Power to A. to make Leafes not exceeding
99 Tears Horn the the Making. A. makes a Leafe for 60 Years rendring
annually to the /aid A. during the Term, and after bis Deceafe to Juch Per-
fon and Perfons to whom the Reverfion or Remainder of the Premijfes fioitld^
iromTime to Time belong by the fa id Limitation of the Ufes, the Sum of
3 1. (being the Ancient Rent). It was agreed by the Court that the