if it had never been excepted, and then it pafs'd by Force of the Leafe 40. S.C.
atfirlt. Cro. E. 372. pi. 19. Hill. 37 Eliz. B. R. Leigh v. Shaw. cited accord-
15. A. by Indenture demised to the Defendant a Meffaage dr Tenement Comb. 177.
call'd Ugbeare in Taviftock, together with all Out-houfes, Edifices and S. C. and
Buildings, except one Houfe called the New-houfe, for the Ufe only of the jj^fe waT*
Plaintiff's Father, and the Plaintiff himfelf, and for their Wives and Fa- a bfolutely
milies to live in, if they pleale, but not to be let to any other Perfon what- excepted.'—
foever, and at all Times when they lhould not live there, to be ufed by '- J) lod - '4-
the Defendant, To have and to hold the Premiffes before demifed, (ex- ^ often d '
cept as before excepted) to the Defendant for 7 Years &c. Per Cur. d ant was on _
The new Houfe is excepted, and the Defendant is Tenant at Will, lv Tenant at
Carth. 202, 203. Hill. 3 W. & M. B. R. Cudlip v. Rundlc. Will, and
' 3 a r the new
Houfe expreisly excepted. -Show. 310. S. C. and held that the new Houfe was excepted 4 Mod.
5. S. C. favs, The Court making fome Doubt upon the ift Argument, whether this was a Tenancy at
Mm Will
'3+
Refer vation.
Will by the fubfequcnt Words > one of the juftfcec being of Opinion, that the Defend.mt could not be
Tenant at Will, becaufe the Plaintiff muft have been nonluited if he had not prov'd a Demife for )
Years ; therefore Time was taken to confide* of it ; and afterwards in Hillary 1 erm 4 W ill. Judgment
wasdven that the Defendant was Tenant at Will, and no more ; That this could not be a Leafe for 7
Ye irs becaufe it was at the Pleafure of the LefTor when and how long the Defendant ftiould enjoy it 5
and therefore it was held, That the New-houfe was abfolutely excepted out of the Demife, and it was
feck an Exception which was not qualified by the fubfequent Words being fully excepted before.
see Manor mn Exception. In what Cafes Things excepted in
(
1. £1 IR Simon Bennet devifed all the Coppices and Wood-grounds, and all
l3 and ftngular the Premises, and all Woods and Underwoods (except
Timber-tree's) to his Wife for Life, and ajter her Death limited the fame,
with the Timber-Trees, to Truflees, that they for 2 Tears fbcitld pay the Pro-
Jits of the Premises to the Plaintiff, and they to bejlow the fame in Build-
ing the College, and alter limited the Reverfwn and Fee-Jiiuple of the Pre-
mises to the Plaintiff and their Sncceffors for ever (the faid Woods, Under-
woods, and Timber-frees excepted). Now the Queftion is, as the Excep-
tion is made of the Woods, Underwoods, and Timber-trees, whether the
Soil is not excepted alfo from the Plaintiff? This Court is clear of Opi-
nion, that the Intent of Sir Simon was, That the whole, as well the Soil
as the faid Woods, Underwoods, and Timber-Trees, do pals by the faid
Will. Chan. Rep. 134, 135. 15 Car. 1. Magdalen College in Oxford v.
Crook.
(X) Exception. Refervation. In what Cafes Excep-
tion or Refervation amounts to a Grant.
D
Etimte of Charters, by which the Father of the Plaintiff, and J. N.
being feifed of 3 Acres of Land of D. in Fee, leased to W. M. for
Lite, the Remainder to the Father of the Plaintiff by the Deed in Demand,
and that W. M. is dead, and fo the Deed belongs to the Plaintiff as Heir ; lor
his Father is dead ; and Per Cur. the Writ lies well. And fo lee, that it
is admitted that the Refervation of the entire Remainder to the one, 19
good to him, where two were feifed in Fee ; quod mirumJ For the Fee
was never out of the other. But in Refervation of Rent by two upon their
Leafe referving the Rent to the one, this may be good ; but contra ot
the Fee-limple of the Land. Qusxei for it may be, that by this Livery
for Life by the one the Remainder to his Companion, that it is a good
Gift of the Moiety of his Fee-limple to his Companion. Br. Relervation,
pi. 18. cites 38 H. 6. 24.
2. It was refolved upon Evidence, in an Action upon the 5 H. 6. ot
Forcible Entry, That if A. had made a Leafe for Tears of Bl. Acre, and
another of Wh. Acre, and he devifes all his Goods, Plate, Jewels (excepc
the Leafe ofBl. Acre) to J. S. that the Leafe of Wh. Acrepafs d by luch
aDevife, becaufe the Intent appears by the Exception. Noy 112. Fitz.-
williams v. Fitzwilliams.
(Y) Except
-*-HrA
Refervation. 135
(Y) Exception good*
t. T F a Man &«/« />« Houfcs, excepting his New Hmife during the ferm,Or if a Man
I his Exception is good, but it" he excepc it during his Life, it is }£**£_ n
void: Per Holt Ch. j. 12 Mod. 15. Hill. 3 W. & M. Cudlip v.gJJ^
Randall. certain
Jeacr, grants
his Houfes, excepting ore of them for Life, the Exception is void ; for his Words (During Life) qua-
lify the Exception, and mew his Intent, that the one Houfe mall not be excepted during the whole
Term, and fo is void, which Difference appears in Dyer 264. b. 12 Mod. 1 5. Cudlip v. Randall*
2. Where the Exception does not defeat the Grant, nor is contrary to it,
it mult (hind. 12 Mod. 15. in Cafe of Cudlip v. Randal, cites D. 264.
b. and Hob. 70.
3. An Exception out of an Exception, puts the Matter at large. 12
Mod. 15. in Cafe of Cudlip v. Randall.
(Z) Exception. Good. In Refpett of th Place where
it is mentioned in the Deed.
Xceptio femper ultimo ponenda eft, is a Rule. 9 Rep. 53. a. in Hick- Litt. Rep.
mot's Cafe. <*?â–
•E
2. In a Covenant to Hand feifed in Fee was an Exception of Timber- j ~-g.
Trees facing that the Covenantor's Wife ihould have the Shrouds, which Tregonel
was plac'd alter the Habendum. It was objected, That the Exception of Reeve, S C.
the Trees after the Limitation of the Ufe, was void ; for as an Exception accor lng y '
after the EJlate limited, is void ; fo after an life fettled, an Exception can-
not be of the Trees: Sed non allocatur ; for an Exception may well be
to fhew his Intent, that they Ihould not be annex'd to the Eltate for Life.
Cro. C. 437. pi. 7. Hill, n Car. B. R. Tregmiel& Ux. v. Reeve.
(A. a) Refervation. Good. In Refpet~l of the Tiling
referred.
t. \ Fine was levied rendring 20 Jghiarters of Barley for Rent, with Claufe Br Fine,
jf\. of Dijlrefs, and admitted to be a good Rent and a good Refer- pl°4 cites
vation. Br. Refervation, pi. 12. cites 24 E. 3. 36. 24E. 3. 64.
2. If the King has a Corody of a Priory, by Reafon that he is Prior of the
Priory, and he grants the Patronage, without mentioning the Corody, yet
the Corody fhall pafs, and if he upon the Grant referves the Corody, yet
this Refervation is void ; lor none can fever it from the Patronage j quod
nota; and therefore it feems to be incident to it. Br. Refervation, pi.
31. cites 26 Aif. 53.
3. One may referve by Way of Rent Decimam Garbam, or Quintam,
Garbam, or Medietatem Granorum. Arg. Mo. 4S5. pi. 685. in Cafe of Pi-
got v. Heron, cites 44 E. 3. io. . . .
4. The
136
Refer vat ion.
4. The Rent may as well be in Delivery of Hens, Capons, Rofes$
Spurs, Bows, Shafts, Horfes, Hawks, Pepper, Cummin, Wheat, or other
Profit that lies in Render, Office, Attendance, and fuch like, as in Pay-
ment of Money ; bat a Man upon his Feoffment or Conveyance can not
referve to him Parcel of the annual Profits themftlves, as to referve the
Vefture or Herbage of the Land, or the like ; for that fhould be repug-
nant to the Grant, Non debet enim cfie refervatio de Proficuis iplis, quia
ea conceduntur, fed de Redditu novo extra proficua. Co. Litt. 142.2.
5. Refervation of a Horfe or Ox is a good Refervation of Rent. Mo.
59. pi. 167. Trin. 6 Eliz.. Anon.
(B. a) Good. In refpect of the Rent referred.
Ancient Rent.
i.TF« New Houfe is erected on the Premises, and no New Rent is re-
X ferved upon it, becaufe of the New Houfe, but only the former
Rent, yet the Rent is well enough referved. Le. 14S. pi. 205 Trin
31 Eliz. B. R. Read v. Nalh.
* Lord 2. Power to makeLeafesrendring Antiqum Redditum; he makes Leafe
tjoy's f m ore Land by one Acre than was before demi fed, and he referees mo-ri
10- ,1 1 ° 4 s R £flt -> an d the Surplufige of the Rent was more than the Surplufage of
Midi 27 fc tne Land was worthy yet the Leaie was adjudged void ; becauie the
2 S Elk.— Authority was not purfued. Arg. in Ld. 15ttC'djltt;flr.'jS Cilfe* Mo 494,
* 5 Rep. 3. b. c ites Shephard v. Blalhall. ^
3. It there are two Coparceners, One may demife her Moiety render-
ing the Moiety of the accuifomable Rent. 5 Rep. 6. in Ld. Mountjoy's
Cafe.
5 Rcp.j5- b. 4. Rent referved Quarterly is now referved Half Yearly, the Leafe is
Ch R )- i-'s v0 ^i li Silver initead of Gold; per Ld. Keeper and Trevor Ch. J. 2-
s Cdted^r Y e™- R - 544- «> Cale offi)rbp&* ^OljUll, cites Mountjoy's Cafe.
Cowper C. —
Adjudged a good Refervation in Cafe of a Leafe by Dean and Chapter; For it is for the Sueceflbrs Be-
nefit. Cro. J. 76. Bough v. H3ynes.
1 Rep. 139. 5. If two Farms, formerly let at 10/. Rent each, are demifed Z?of& at
r d 5 j^ ep - 5b - 20/. per Ann. it is not good ; per Ld. Keeper and Trevor Ch. J. 2
joy's Cafe"- Vern - R - 544- m Cd ^ ot " £MP &♦ ^Oljltll, cites Ld. Mountjoy's Cafe.
S.'C. cited 8
Mod. 250 in Cafe of Baggot v. Oughton.. Mo. 494. cites 3dD. S5ounrj01>'£ Cafe, by the Nams
of Shepherd v. Blafhall. Mo. 19- L d Mountjoy's Cafe. Sid. ioi.~ — Cro. C 94 Owen v.
Thomas Apprees. — -S. C. cited by Holt Ch. J. G. Equ. Rep. 52. Pafch. 4 Ann. in Cafe of Orby
v. Mohun.
* Cro. J. -6. g. In a New Leafe no Heriot was referved, as was in a former Leafe ;
KdiSi? yec & ood - Mo - 7J9- cites it adjudged Pafch. 43 Eliz. B. R. * Baugh
ti'oned in the v - Heynes.
fame Year of
Pafch. 43 Eliz. tho* plac'd there at Trin. 3 Jac. B. R. 6 Rep. 3-. S. C. accordingly, by the Nam*
of the Dean and Chapter of Worcefter's Cafe. For it was not a Thing Annual, nor depending on
Che Rent. Noy. 1 10 S. P. in Cafe of SaitkCS to. Jgrotoll ; becaufe it is merely cafual.
Kojr. no. 7. Land was always demifed by Copy of Court Roll at 10 s. Rent, and
b u now is granted by Leafe at the fame Rent, This fhall be fu'd the Ancient
Accultomed Rent, Mo. 759. pi. iojo. Pafch. 3 Jac. C. B. Banks v.
Brown.
8. Dcmefhes
•— — .
Refervation. 137
8. Demefnes of a Manor were ufually then demifed, but the Copyhold M& 198,
and Services noti and notwithstanding this a Leafe was made of all to- !??• P 1 - 34^.
gether, referving the accuftomed Rent, and adjudged void. Cited Lev. ^Eliz^R
74. by Croke J. as the Cafe ox TaiM&eld v. Fox. R. s. P.
adjudged Eri
Mountjoy's Cafe. 5 Rep. 3. b. S. G.
9. A. Devifee of five Acres for Years, has Power to grant Lcafes, re* 2 J°- n°-
ferving the Ancient Rent ; A. lets the five Acres Inter alia, and referves X rin ; 3° „
the Ancient Rent upon the Whole ; but it was faid, referving Proindi g q | 2 f ay j '
the Rent of 6 s. a Year, and avers the Ancient Rent to be 6s. a Year, that it being
Per Cur. it might be intended, that the Inter alia might comprehend no- obje£ted,tha-
thing but fuch Things out of which a Rent could be reierved,, and then ^ e Ancient
the Rent referved was referved only for the five Acres; However the referv-cTbe*
Proinde might be referred reafonably to the five Acres only, and not to caufe the
the Inter alia ; and that a diftinct Refervation of the Ancient Rent Bent refetv-
might be for the 5 Acres ; And fo Judgment was given for the Plaintiff] ed ' ^'l"^
Vent 338. Pafch. 31 Car.2.B. P^.339. 1 rin. 31 Car. 2. How v. Whitfield. t XTeAn
cient Rent
for the five Acres is referved For the five Acres, and the (Inter alia) which were demifed with them k
and 'hat the Court thought this a good Exception ; But that the Defendant perceiving the Opinion of
the Court, as to [another Point which was] the Grand Point, contented upon Payment of Cofts, that
Judgment fhculd be given for the Piaintift, and that fo it was, 1 2 Show. 37. pi. 43. S. C. by Name of"
fiUljlrflllD i>. ifeCtD, fays, this Exception was waived.
1. Leafe of Tythes was held good without referving any Rent, and The Cafe
yet the Power was to referve Rent ; cited per Holt Ch. j. 5 Mod. 382. was, a S-*
in Cafe of SMltCt & LO'UCfcaP, as the Caie of Walker v. Webb. E7 & tlemenc '
n /-. made of
IO.
. Ser-
: was
maae of
28 Car. 2. j , ,
Lands and
Tithes, with Power to make L"a r es, fo that 5 s. per Jcre be referved for every Acre of the Premifl'es ; a
Lea!« is made rendering 5 s. per Acre for the Land, and Nothing for the Tithes, and held good. 2
Lev. 150. Walker v. Wakeman. Vent. 204. S. C. S. C. cited Arg. S Mod. 251. in Cafe of
Baggot v. Oughton.
11. The lajt Rent before the Creation of the Power is to be deemed the G. Equ.Rep.
Ancient Rent; per Holt Ch. J. 2 Vern. 543. in the Cafe of Orby v. jtf'A,? 1 b J
Ld. Mohun. . in°S. G.
cites fiard. 325.
12. Where Power is given to niake Leafes of Lands for 21 Years, After the
referving the Rents which were thereon reierved at the Time of mak- j~ e a ^ x c ?f *
ing the Deed, in fuch Cafe, the Lands demifiible by that Power mull: be t ^Q ai - e f
Lands then in Leafe, on which fame Rent was referved. 8 Mod 253. Bag- JBaggot in
gotv. Oughton. — and cites Yaugh. 35. $Du&l)ton
was re-ar-
gued ; and per tot. Cur. the Leafe of the Manfion Houfe and Demefnes, on which no Rent was referved,
Was void, and decreed accordingly per Ld. Parker C. and affirmed in the Heufe of Lords. S Mod. 381.
(C. a) Good. In Refpect of the Manner ; And who
jhall have the Rmt.
1. TF a Man kafes his Land for Tears by Parol, referving Rent, and after dnd it he
J| makes thereof an Indenture, without mentioning any Rent; yet this is £^ "*
a good Refervation. Br. Refervation, pi. 17. cites 21 H. 7. 37. ^^Yiartly Pa-
FineUX Ch. J. rot, and re-
ferves noRent,
end after makes Indenture of this Leafe, and therein reserves Rent ; this is a good Refervation, and fo the
ftefcrvation good in the one Cafe, and the other, per Fineux; Qure, and alio, that where the Leafe is by
N n Parol
Ip
â– I" 1 ' " â– â– â– â– â– I ll ^»^^— - â– â– â–
Reservation.
Parol ana ifre- is rmde by Indenture, if thu h vet a Surrender ; and Quxrc, it' it be not intended that
the Lca'l- by Parol is no other than a Communication, when this is made after by Indenture ; £t nod
bc.'c. Ibid.
2. It is holden in our B^oks, that if a Man makes a Feoffment in Fee,
rclervina; a Rent of 40 .r. to the Feoffor for Term of his Life, and after his
Deceafe a 1 oand of Cummin to bis Heirs ; that this is good. Co. Litt.
213. b.
3. A Feoffment was made bv A. to B. referring a Rent to J. and bis
Ha.s, Hd-end' to B. ami bis Hers. Adjudged good enough, tho' placed
beh'ie the liabend', it being by Indenture, and the Law will marihai iu
according to the Intent. Cited Arg. Cro. E. 345. as adjudged 22 Eliz..
in the Cafe of Hare v. Barton.
tfoy jS. 4 . If Lord of a CopyboU Manor grants a Copyhold Eftaie in Fee,
Crilp v._ ruidr'm? to the /aid Lord 20s. and doi;^ Services due, the Heir Hull have
JS&'pJl the Rent. D. 45. Mafg. pi. 1. cites P. 3S Elk.. B.R. Criip v. Frein.
Mo. ;5^ pi-
46S. S.C. is not S. P. Cro. E. 505. pi 30. S. C. but not S.P.
Cm. E.80I 5. Abbot and Covent leafed to M. for 120 Years, rendring annually,
S.C. but not during the Term, to the laid Abbot and Covent, or his SuccelFors, 8 h
lfc C p°i ac Michaelmas and Lady-Day by equal Portions &c. Refolved, That
v 'Malory" " the Reservation in the jjisju»8iv« is good, by reafon of the firfl: Words
i> C. & S. P. (rendring annually during the Term) and the Words fubfequent ought
butadjoma- to |j ave i ucn Interpretation as not to confound the precedent, but that
t" "m" 7 "' a11 m *y bc cod fi ftent and * D f wer the Intention of the Parties; and that
nrlc^Fecff- rendring Rent annually during the Term to one (and) his Succelfors,
mtvtinFte, and rendring Rent during the Term to one (or) his SucceiTors are all
r7ib § a one ; and the Words (And) and (Or) are Words of Explanation, viz.
Renttoi/tt To dircft the Leifee whom to pav the Rent to during the Term, s
JbgSTS Rep. in. b. 112. a. Paf C h. 43 Eliz. B.R. Mallory's Cafe.
and void to'hisHcir. Co. Litt. 214. a. s F.e r . 112. a. in pallor}''* Cafe, S. P. for tkere want
Words precedent to direct the Words in the Disjunctive.
6. Leafe to A. for 40 Years to commence after the Expiration of the
Term granted to B. and under the fame Rent as is referved in the Demife
toB (who in truth Lid no Demife;) TheTerm of 40 Years fhail commence
immediately, but without any Rent, becaufe the Refervation of luch
Rent as was referved in the Demife to B. who had do Demife, mull be no
Refervation of Rent. Per Vaughan Ch. J. Vaugh. 73. in the Caie of
Row v. Huntington.
7. Leafe was made to hold from Mich. 1661. to Mich. 1668. rendring
Rent Half-Vcark. There was a Demurrer, luppoling the Words (To
Mich 16S8.) made it not to be an entire Half Year, the Day being
to be excluded, and that it was fo held in the Cafe of DllllUlIC v. jflfijCC
1 Cro. 702. Cut per Cur. 'Tis true in Pleading, Ufq; tale Feitum will
exclude that Day ; but in cafe of a Refervation the Conduction is to be
governed by the Intent. Vent. 292. Hill. 27 & 28 Car. 2. B. R. Pigot
v. Bridge.
1 Salk.462. ' 8. A Leafe at Will is made of 2 feveral Ellates j a Refervation of
S.C— 4 the Rent Secundum Rat ant is a void Refervation. 2 Vent. 272. Hill.
MooVTfl 2 & 3 W. & M. C. B. Harris v. Parker.
It is void
becaufe it would be a Means to multiply. JXions uithcut Numbers, For Leflbr Might bring an AftlQi
of Debt every Hour, noctrtain Time or Day being appointed tor Payment. Carth. 255. 1 adser v Har-
ris. skin :oS Si C. debated, and that Dolben J. thought the Relervation good, but Holt Ch. J.
e contra. But this was in Hil. Term, and Carth. 235. when the Judgment was g'.ven Wat ID Mich.
Term following.
* Rep,
Refer vation. 139
5 Rep. 5. b. That it is not good. Ld Mounrjoy's Cafe. But Co. Litt. 44. b. is, That it is good.
j This Ooinion in Co Litr. Co contrary to v. -hat he reports in 5 Rep. 5. b. in Ld. Mounrjoy's
Cafe is f
Jn the Cafe of Colton v. Hoskins.
9. Where fpecial Days of Payment are limited by ihe Reddend' the Fan-. 97*
Rent mult be computed according to the Reddend' and not according to SC-
the Habend', and the Computation of the Rent according to the Ha-
bend 3 is only where the Reddendum is general, vii. Yielding and Pay-
ing Quarterly fb much Rent, i Salk. 141. Mich. 1 Ann. B. R. Tom-
kins v 4 Pincent.
(D. a) Take. Who {hall take by the Refervation, tho
not within the J Fords.
I
F my Father leafes Land, rendring Rent, and dies, I fhall have the
Rent ; For the Rent and ReverJion is all one, and it is Parcel of
the ReverJion ; and by Grant of the Reverlion the Rent lhall pafs.^ Per
Palton and Cott. J. And yet it does not appear there that the Leflbr re-
served it to him and his Heirs. Br. Refervation, pi. 15. cites 14 H.
6. 26.
2. Where a Man feifd in Fee kafes Land for 'Term of Tears, rendnng
Rent and does not fay, To him and his Heirs, yet the Heir pall have the^
Rent ' by reafon that the Reverlion is defcended to him, and by Grant of
the Reverlion the Rent lhall pafs ; For it is in EjfeCf Parcel of the Re-
Refervation, pi. 16. cites 21 H. 7. 25. <
3. Lefjeejor Tears grants his Eft ate, and reserves a certain Rent during The Exeat-
the Term to him and his Heirs. No Judgment. Het.76. Hill. 3 Car. JJJ.'JjJ 1
C. B. The Executors of Tomlins's Cafe. R ent) and
may diftraia
for it, and not the Heir. Cro. E. 644. Darrel v. Wilfon.
4. Tenant in Tail makes a Leafe for Years, rendring Rent to him, his
Heirs and Affigns, and dies without IJpie, and thereby the Eft-ate Tail de-
fcends upon one that is not Heir at Law to the Leflbr, but Heir only
per Formam Doni. This is a good Leafe, and lhall go to the Heir fpe-
cial, and not to the Heir general. Hard. 89. Pafch. 1657. in Scacc.
Cother v. Merrick.
(E. a) ?Flm lhall have the Rent, in refpetf of their
Eflate.
1. 13 ENT referved to the Leflbr and his Heirs (hall go to the Lord by
JX Efcheat. Arg. Hard. 89. cites Litt. 348. & 3 Rep. 23.
2. Bargainee by Deed inrolled lhall have the Rent due alter the Bargain Roll Rep.
and Sale executed, and beiore the Inrollment. Clayt. 29. Cockin v. g£ £rg.
Bofwell. Hatton's
Cale. .
a Roll. 13. Arg. cites Barker's Cafe
a. A,
i/j-o Refervation.
a Bulft. zi6. 3. A. feifed in Fee grunts a Leafe lor Lite to B. — A afterwards levies
S 1 but this a pj nc JoT ; L JJfeof C. jor ij Tears, and alter to the Ufe of A. jor Lite,
not a' pcm w ' tn a P c ' li ' a ' t0 m f* e Leafesftir 21 2WJ, or 3 Lives /'« Po[Jcffion. A. may
ap?c grant a Leafe during the Term for 15 Years, but then C.'the Grantee tor
15 Years fhall have the Rent tor lb much ot' the Term of the 21 Years.
Cro. J. 347. Patch. 12 Jac. B.R. Fox v. Prick wood.
No] 96. in 4. Baron makes a Leafe for Years, rendring Rent yearly during the
.S C. cited Hill v. Hill.
Arg.Hard.
fecms to be S. C. but mentions nothing of Frankbank. Lat 265. in the Cafe of Cole v. Sury. Arg.
cites S. C. fays,That Coke and Warburton held contra to the other three, that it ihould be determined.
see (M) P i. (}7 a ) How muc h fhall be (aid Referv'J.
4> 5
If two Te- 1. T3 Efervation by fen ants in common pall not make two Rents ; fo that
Common l\ ifthe Refervation be of 2 s. and a Pound of Pepper, or a Hawk,,
make^a or a Worfe, there Littleton did not think, that each of the Tenants in Com-
Leafe rev- **on ty t ^ >eir Refervation Jhould have 2 s. and a Pound of Pepper, or 2
dering Rent, Hawks, or 2 Horfes &c. by Realbn of their feveral Titles in Common,
fhalibebut Er- Rel " ervation > pl- 44- cites Lib. Littleton, cap. Tenants in Common.'
5 s- to each of them. Yelv 1 So. in Cafe of Smith v. Newfam.
Ic'lft 2 * ^^ Father mad ^ Leafe oi an Houfe &c. for 21 Years, referring
s' jac. but 1 ' the yearly Rent of io I. to be paid at Lady-day and Michaelmas, by equal
the one Portions, if he fo long liv'd, and Mo yielding and paying after his 'Death,
feems to be to his Heirs and Afftgns 20 Marks ad Tefminos praditios ; but did not fay
a Tranfcnpt By equal Portions : The Heir brought an Aftion of Debt for 20 Marks
JthTr.— *? Ar f ear ) for half a Year's Rent ; and upon Demurrer to theDeclara-
Bulft. 48. ti. 011 * ll was adjudg'd againft him, becauie the Words Ad Terminos pra>
S. C but dictos, are only the Time of Payment of 20 Marks, which are to be
fomewhat paid as the 30 1. was ; and tho' in the Claufe reftrving the Rent to the
ftated rC how- Heirs > the Words ( R y e 'l" al Prions) were omitted, the Law will ftp-
ever the S.P. pty them - -Brownl. 108. Mich. 6 Jac. Smith v. Nevvtam.
appears ;
and Judgment was given accordingly for the Defendant, Quod querens nil capiat per Billara.
3. A. lets a Chamber and a Clofet in it to B. by Parol, to hold as long
as B. ihould pleafe, paying yearly as much as it Jhould be reafonably worth.
A. brought Debt for the Rent, and averr'd thatB. held from fuch aTime
to ftch a Time, and that for that Time it was reafonably worth fo
much ; and Judgment was given for the Plain&iff, Nili. Sty. 397. Michv
1653. Famer v. Lawrence
(G. a) How
Refervation. iai
(G. a) How long it fhall be faid to be referred By See (N) P i..
the Words. Extent thereof. 1 ' 6 '-
I '"\/\f H ^ e the Re ti e t/*°* i* itefiieil for tferhi of Life, the Remainder
\ V . over to another, and the Tertcnant furrenders rendring Rent, fuch
Reiervation or Render of the Kent/hall not extend but only to the firlf.
Grantee for Life of the Reveriion, and not to him in Remainder of the
Reverjkn, who was Party to the Acceptance of the Surrender. Br. Refer-
vation, pi. 42. cites 19 £. 3. and Frtzh. Surrender 8.
2. Ii a Man leafs Land for Life, the Remainder over, rendring Rent %
mid for Default of Payment to re-enter, it was agreed that the Rent is re-
served as well upon the Remainder as upon the Eltate for Life j and
therefore it ieems that the like is of the Condition of Re-entry.' Br.
Refervation, pi. 50. cites 29 Air 17.
3. If a Leaf for Life be made to A. Remainder over to B. refervin°- S. P. If hi
Rent ; this Rent extends to the Remainder, as well as to the Eilate for '" Re 'nawdet>
Life. Br. Done &c. pi. 7. cites 50 E. 3. 21. agrees to the
Remainder
Death of the ftnaM fcr Life. Br. Refervation, pi. 7. cites 50 E. 3. s*. Br. Relation, pi. 5^ ekes 29,
4. The Baron made a Leaf for Years rendring Rent, during his Life and