4 APPENDIX:. 



of words is effentral to conftitutc a good Icafe ; for whatever words are fufficient to explain the 

 intent of the parties, that the one (hall divert himfelf of the poffeffion, and the other come in 

 to it, tor fuch a determinate time, fuch words, whether they run in the form of a LICENCE- 

 COVENANT or AGREEMENT, are of themfelves fufficient, and will, in conftruclio,n of law 

 amount to a leafe for years, as tfFeflually as if the moft proper and pertinent words had been 

 made ufe of for that purpofe. Bacon s Abrulgm. Tit. Leafes (K) j Ctoke, El tz. 484; Rolled 

 Abridgtn. 847; Moor, 459; Koy, 57 ; 2 W. Blackfan?, 973. 



But the ufual words to make a leafe are, according to the mofl approved precedents, demife, 

 leafe, fett, and to farm let. 



And as a leflec or tenant for years may affign or grant over his whole inteieft, fo he may 

 grant it for any fewer or lefs number of years than he himfelf holds it ; and fuch derivative or 

 under leffee is compcllable to pay rent, and perform the covenants according to the terms 

 agreed on in fuch grant or agreement. Bacon s Abr. Tit. Lrafes, (I) 3. 



After thefe preliminary obfervations, it is ncceffary to fhew by whom leafes may be granted i 



I. A tenant infee-Jimple may make leafes without limitation or reftraint, having an abfolute 

 and unlimited intereft; Comyns Dig. Tit. Eflates (Gj 2. 



II. So a tenant in fail may make a leafe for his own life, and by the flat. 32 Hen. 8, c. 28, 

 be may make leafes for three lives, or twenty-one years, to commence from the making, or 

 fume mort time after, provided the lands leafed have been ufually letten to farm for twenty-one 

 years paft, and the accuftomed yearly rent paid within that period be referved, the intent of 

 the ftatute being that the tenant in poffeffion fhall not diminifh the value of the eftate to the 

 perfon entitled in reverfion. 



III. All hufbands feifed of lands in right of their wives are enabled by the fame flat. 32 Hen. 

 S, c. 28, to make leafes for twenty-one years, or three lives in being, to commence from the 

 time of making the leafe, obferving the directions therein contained, which are the fame as in 

 refpecl: to tenants in tail ; which leafes bind the wives and their heirs, fo that they cannot now 

 after the hufband s death, avoid fuch leafes, as they might have done before the above ftatute 

 at the common law. Bacon s Abrldgm. Tit. Leafes (C). 



And if the directions in the ftatute are not obferved, then the common law takes place, and 

 the wives and their heirs are at liberty to avoid fuch leafes, in the fame; manner as they might 

 have done before. Ibid. 



Alfo in ail fuch leafes the wife ought to be made a party. 



IV. Although either a tenant in dower, or by the curtefy of England*, may make a leafe for 

 years, refei ving rent ; yet if fuch tenant die before the expiration of the term granted, the leafe 

 is abfolutely determined, and no acceptance of rent by the heir or thofe in reverfion can make 

 it good. Crake Car. 398 ; Jones , 254; Vauglan y 81. 



* If a man takes a wife feifed in fee, or in tail, by whom he has iflue born alive, though fuch iflue may 

 die immediately, he (hall hold, by the curtefy of England, the lands after the death of his wife for life, 

 Littleton, fee. 35; Coke Littltton, 396; S Coke s Reports, 356. 



