II 





2. S, to yield, with an equal employment of capiul and labour, a net 

 pndoee ol } >. 90, ami 80 quarters of com. In a new . 

 where thcr* u an abundance of fertile land compared with :l. 

 population, and where therefore it u only nscnttsry to cultiraU 

 No. 1. the whole net produce will belong to the cultivator, 

 will be the proflta of Uie etock which he advances. A eoon a* popu 

 Ution had ao far increawd u to make it necessary to cultiva' 

 from which 90 quarter* only can be obtained after lupporting Ui 

 labourer*, rent would eommenoe on No. 1 ; for either there must be 

 two rate* of profit on agriculture, or ton quarter* or the valu. 

 quartern miut be withdrawn from the produce ( N<>. 1 fur tome other 

 pur]. .IT the proprietor of the land or any other penon 



. these ten qiurten would equally constitute rent 

 . w..ul.| get the aune result with hi* capital 



whether he cultivate! No. 1 , (laying tn quarter* for rent, or continue* 

 to cultivate No. S, paying no rent. In the aame manner it might U 

 abown, that when No. 3 u brought into cultivation, the rent 

 moat be ten quartera, or the value of ten quarter*, whiUt the rent o 



would riae to twenty quarter!. . . It often and indeed com 

 nionly happen* that before No*. 2 and S, or the inferior land*, are 



tied, capital can be employee! more productively on thoae land* 

 which are already in cultivation. . . In uch case, capital will be 

 preferably employed on the old land, and will equally crate a rent 

 for rant U alway* the difference between the produce obtained l.y tin 

 employment of two equal quantitie* of capital and labour. If with a 

 capital of 10001 a tenant obtain 100 quarters of wheat from hi* land 

 and by the employment of a aecond capital of 100(V. he obtain a furtliei 

 return of 85, hi* landlord would have the power, at the expiration ol 

 hi* leaae, of obliging him to pay 15 quarter*, or on equivalent value for 

 additional rent; for there cannot be two rate* of profit If he is 

 satisfied with a diminution of 15 quarter* in the return for hi* seoonc 

 1000/., it u because no employment uiorc profitable can be found for 

 it. . . In this case, a* well a* in the other, the capital last employee 

 pay* no rent For the greater productive power* of the first 10001. 

 !." |iuuten U paid for rent; for the employment of the second lOOOf. 

 no rent whatever is paid. If a third lOOOf. be employed on the tame 

 land ,t with a return of 75 quarters, rent will then bo paid for the 

 aeeood 1000/., and will be equal to the difference between the produce 

 nf theae two, or 10 quarter*; and at the samn time the rent of the 

 first lOOOA will rise from 15 to 25 quartern, whilst the lost 1000/. will 

 pay no rent whatever." (Ricardo's ' I'rin. of I',,]. Econ./ 3rd edit) 

 Perhaps however the clearest definition of this theory of rent u tlrat 

 given l>y Mr. Mill, in his ' Elements of I'ol. Econ.,' to the last edition 

 of which Work \ r a more complete examination <>f tin- 



Mll.j 



KKXT (in Law Latin, ntlililtu, "a return") U a right to the 

 periodical receipt of money or something valuable in respect of hinds 

 or tenements held by him from whom the rent is due. There are three 

 kinds of rent rent-service, rent-charge, and rent-seek. 



There is rent-service when a tenant holds lands of his lord by fealty 

 and certain rent, or by homage, fealty, and certain rent, or by other 

 services and certain rent. Itent-servioe therefore implies tenure, and 

 it may be due to the lord of the manor of which the lands are hrl.l. or 

 to tome other chief (that is, immediate) lord of the fee, or to the 

 reverrioner. The right of distress is an incident to rent-service in 

 arrear, to long as it is due to the tame person to whom fealty is due. 

 Before the Statute of Quia Emptores (IS Edw. I.), a person mi^ht 

 make " a feoflment in fee simple either by deed or without deed, yield- 

 ing to him and his heir* a certain rent, which was a rent-service, and 

 for this he might have distrained of common right ; and if there were 

 no reservation of any rent, nor of any service, yet the feoffee held of 

 the feoffor by the aame service as the feoffor did hold over of his lord 

 next paramount" (Litt, 216.) The Statute of Quia Emptores 

 enacted that the feoffee shall hold of the chief lord by the same sen-ices 

 by which the feoffor held, and consequently no rent can now be 

 reserved when a man transfer* to another all hi* estate in land. In 

 order that rent-service may now be created, the person to whom the 

 rant is reserved must have a reversion in the lands and tenements out 

 . f which the rent is to issue; but any reversion is sufficient Thus a 

 penon who hat a term of twenty years may grant it to another, all 

 'nt "iic day, and this will leave him a reversion, so that a n -nt- 

 service may be reserved, with its incidents of fealty and the right of 

 distress. If he assign all bis term, reserving a rent, but without 

 a clause of distress in the assignment, he cannot distrain for the 

 rent 



Kent-service therefore which has been created since the Statute of 

 Qnia Emptores can only be reserved to the lessor who retains a reyer- 

 sion.^and it will belong to the person who is entitled to the reversion. 

 If a man seised in fee simple make* a lease of land* for yean, 

 reserving rent, the rent-service is descendible to his heir with the 

 reversion ; though all rente which accrue due to the lessor before 

 ah will belong to his personal representatives. A rent-service 

 reserved out of chattels real will of course belong to the personal 

 representatives of the lessor. A rent is now most commonly reserved 

 in Irases for yean, but it may be reserved on any conveyance w hi.-h 

 passes or enlarges an estate ; and it may I* reserved in the grant of 

 irni.iindcr "r rrvi-t>ion. "r in a grant of a lease for years 

 to commence at a future time. 



II 



A rent-service may be separated from the reversion or teigu. 

 the revenJoner granting toe rent and retaining the fealty : in tM 

 case the land* are (till held of the grantor, but the i the 



grantee ; not however at rent-senrioe, but u rent u. . 

 o called, " for Uiat no distress i incident tu it." (I It the 



fignory or reversion is granted, the rent-service will nisi by the grant, 

 and the grantee i* entitled to receive the rent from the tenant 

 : lie time that he gives him notice of the grant, together with 

 all rent that had accrued due since the grant, and it unpaid at the 

 time of such notice. 



Kent-service can only be reserved to the feoffor, donor, or let- 

 to their hein, upon any feoffment, gift, or lease ; and if the i 

 reserved generally, without specifying the person*, it will belong to the 

 lessor, and after hit death to those who are entitled to the re\ 

 Rent it payable at the times mentioned in the reservation, but n..t till 

 the last minute of the day on which it U payable. 



Whm rent-service it in arrear, the common-law remedy fr tlif 

 recovery of it it by distress. [DISTRESS.] By 4 Oeo. II. c. 28, s. 2, 

 every landlord who by the terms of hit lease has a right of re-entry in 

 case of non-payment of rent, may, when half a year's rent is due, and 

 there is no sufficient distress on the premises, serve a declaration in 

 ejectment on hit tenant, without any formal re-entry or pi 

 demand of rent, and a recovery in such ejectment is final anil < on- 

 elusive, unless the rent and all costs are paid within six ifb**** 

 months after the judgment in the action of ejectment has been exe- 

 cuted. The action may alto be stayed before trial, if the tenant 

 will pay or tender to the lessor, or pay into court, all the rent tin n in 

 arrear, together with the cost*. By the common law the lessor has 

 also MI action of debt for rent against a lessee for yean or at will ; and 

 by the statute of Anne (8, c. 14, s. 4) there is alto the tame action 

 against a lessee for life during the continuance of hU estate, which h.u) 

 previously been given for arrears of rent after the determination 

 estate (32 Hen. VIII. c. 37). A lessor may alto have an acti 

 covenant for rent, either by force of the implicati.m contained in such 

 words as " yielding and paying " rent, or by force of an express cove- 

 nant to pay, which is seldom omitted in any lease. If the lessee assign 

 his interest in the term, he and his executors, so far as they have assets, 

 are still liable under the covenants to the person entitled to the rever- 

 sion. The assignee also becomes bound by such of the covenant* as 

 run with the land, and i* consequently liable to an action upon them. 

 There id also the remedy by action of assumpait or dfl>t iW tin- use 

 and occupation of land, which action lies without any express agree- 

 iii. -lit f.T rent (see a remark on this action, A. & K., p. 83B). 



K. nt service may be discharged in various ways. If the tenant be 



i nun the lands demised to him, he is discharged from pa\ 

 .1' tin rent ; and if the lessor purchase the lessee's interest, tin- i 

 also discharged. The lessor may release a part of the rent-* 

 without releasing the whole. 



If the person entitled to the rent-service purchases part of the 

 interest in the land in respect of which rent is due, the rent-service U 

 apportioned according to the value of all the land, and accordingly the 

 tenant is discharged from payment of rent in respect of the part pur- 

 chased. The person entitled to the reversion may also grant his 

 nterest in part of it, and the rent will be apportioned between him 

 and his grantee; for the interest in the reversion is of a divi-il.le 

 nature, and the rent follows the reversion. If the lessee should be 

 evicted out of part of the lands, there will also be on apportionment. 

 Before the late alterations of the law, when the moiety of a i 

 sion was extended on an clcgit, the rent wag apportioned, aim 

 estor consequently retained half of it. If a widow u entitled to 

 dower of a reversion, she U also entitled to one-third of the rent re- 

 served upon a lease for years made by her Im-Kind. 



At common law, if a tenant for life died before the rent becaun 

 which was reserved on a lease that determined by the death of the 

 enant for life, his personal representatives could not claim :ui .ippoint- 

 ncnt of the rent, nor could the rcversioner or remainderman claim 

 iuch portion as accrued due during the life of the tenant for life, lint 

 uch on apportionment was given to the personal reprosen 

 itat. 11 Geo. II. c. 1, . 15. The Act 4 & :, Will. IV. , . -.'J, , x tends 

 he provisions of this Act to rente reserved on leases thai 

 in the death of the persons who make them, though they are nt 

 trictiy tenants for life, and on leases of lamfs held pur aut< r .' ; and 

 >y the same Act all rente-service reserved on any lease by a tenant in 

 ee or for any life interest or under any power, and granted after the 

 Masing of this Act, and all rente-charge and other rents, annuities, &c., 

 node payable under instruments executed, or (being a will) coining 

 nto operation after the passing of the Act, shall be apportioned, and a 

 iro|H>rtionablc |>art thereof, from the last time i.f ]Kiyment to the d.iy 

 if the death of the ]>arty interested therein, paid to the personal 

 representatives of such party. 



A rent-charge is a rent granted out of loud either at common law or 

 y the Statute of Uses, with a jiower of distress for the recovery of 

 be rent. Such rente may be created by the owner of the land who 

 retains the |.i..].. rty of it; and they may also be reserved on the 

 n of the land. These rents differ from rent-service in not 

 wing connected with tenure, and the remedy by distress is thei 

 ot on in i cut-charges, but is created I 



hi.-h rrentoH the rent-charge. If no putter ot' .li-tnc- i.- given, the 



