APPENDIX. 5 



V. Alfo tenants for life may grant leafes of their lands for their own lives, or the Hfe of the 

 perfon on \rhofe death the eftate will determine, but no longer, unlefs there be a power re- 

 ferved in the deed or inftrument under which they are entitled, granting them liberty to de- 

 mife for a longer term : and even in that cafe it is to be obferved, that if the leafe varies from 

 the conditions, limited in the power of leafing in any refpec~l whatfuever, either as to the in- 

 terefl demifed, the rent referved, or the mode of executing the power, fuch leafes upon the 

 death of the tenant for life are void, and cannot be fupported againft the heir or thofe next in 

 remainder. 



If the tenant for life has no power to grant leafes by the deed or other inftrument under which 

 he is entitled, it is ufual to make the leafe for a definite and certain number of years, if be (the 

 tenant for \ife)Jkallfo long htippen to live. 



VI. Alfo joint tenants and tenants in common may grant leafes for life or years, or at will, 

 either of the whole eftate, or of their feveral fliares or moieties therein; and fuch leafes will, 

 at the death of the one ; bind the other who may furvive, becaufe it is a prefent difpofition of 

 an immediate intereft, and binds the land from the time of the leafe made. Coke Lit. 163; 

 Rolle sAbridgm. 848 ; Coke Lit. 186. 



And the reafon that the leafe for years of one joint tenant of his moiety, is good and bind 

 ing againft the furvivor is, that thefe joint tenants, having a reciprocal intcrefl in each other s 

 life, when one of them makes a leafe for years of his moiety, this does not depend for its con 

 tinuance on his life only, but on his life and the life of the other joint tenant, whether either 

 of them (hall live longeft, according to the nature and continuance of the eftate whereout it was 

 derived ; and then fo long as that continues, fo long the leafe holds good ; and by confcquence 

 fuch leffee fliall hold out the furviving joint tenant, and the reverfioner, till the eftate, where- 

 cut his leafe was derived, be fully determined. Bacon s Abridgm* Tit. Leafes (I) 5. 



But it is faid, that if a rent were referved on fuch leafe, this is determined and gone by th e 

 death of the leflbr, for the furvivor cannot have it, becaufe he comes in by title paramount to 

 the leafe ; and the heirs of the leflbr have no title to it, becaufe they have no reverfion and 

 intereft in the land. Coke, 96 ; Coke Lit. 185 , a; Moor, 139. 



However, it rather feems at this day, that the executors or adminiftrators might maintain an 

 acYion of debt or covenant, either upon the covenant in law, or exprefs covenant, for payment 

 of the rent, arid fo become anfwerable over to the furviving joint tenant ; or perhaps a court of 

 equity would, under fuch circumftances interfere. 



And to obviate any fuch difficulty, it is advifable that the leafe granted by a joint tenant, of bis 

 part or moiety, Jhould be made to continue for a certain term of yean, &quot; if the tftate and intereft 

 of the faid joint tenant of or In the demifedpremifesjballfo long continue.&quot; 



Alfo if one joint tenant or tenant in common makes a leafe for years of his part to his com 

 panion, this is good j for this only gives him a right of taking the whole profits, when before he 

 had but a right to the moiety thereof ; and he may contract with his companion for that purpofe 

 as well as he may with any ftranger. Coke Lit. 186, a ; Croke Jac. 83, 6n ; Moor, pi. 194 ; 

 Rollers Abridgm. 851 ; I Rollers Abridgm. 877. 



VII. JLikewife ecclefiajlicalpcrfons and fleemofynary corporation* may, by the flat. 32 Hen. 8, 



