6 APPENDIX. 



f. 8, already noticed*, make leafes under a condition that this power is not to extend to leafes 

 of lands in farm by virtue of any old leafe, unlcfs fuch old leafe be expired, furrendered, or 

 ended, within one year after makingof a new leafe ; nor to a grant of any reverfion of lands ; 

 nor to a leafe of lands not moft commonly letten by the fpace of twenty years before ; nor ta 

 a leafe without impeachment of wafte ; nor to a leafe above twenty-one years, or three lives, 

 from the day of making and that on fuch leafe there be referved the moft accuftomably paid 

 rent for the fame within twenty years next before. 



VIII. Executors and admin i ft rat or s, as they may difpofe abfolutely of terms for years vefted 

 in them in right of their teftators or inteftates, fo may they leafe the fame for any fewer num 

 ber of years ; and the rent referved on fuch leafes (hall be aflets in their hands, and go in a 

 courfe of adminiftration. 6 Coke 63, 67, 1; Bacon 3 Abridgm.Tlt. Leafes (II 7. 



IX. But MORTGAGORS cannot in ftri&nefs grant leafes of the lands which they have pre- 

 vioufly mortgaged, unlcfs the mortgagee be made a party. Therefore a mortgagee may re 

 cover in ejeftment, without giving notice to quit, againft a tenant who claims under a leafe 

 from the mortgagor, granted after the mortgage, without the privity of the mortgagee. 

 i Douglas, 21. 



Alfo a mortgagee after giving notice of the mortgage to the tenant in poffefllon under a leafe 

 frior fo the mortgage, is entitled to the rent in arrear at the time of the notice, as well as what 

 accrues afterwards ; and he may di drain for it after fuch notice. I Douglas, 278. 



X. Alfo a COPYHOLDER cannot, without licence from the lord, make a leafe for a longer 

 period than one year, unlefs warranted bythecuftom. Moor, 184. Salk. 186. 



It is, however, faid by a refpeclable author, that the copyholder may, by a covenant, per 

 mit the leflee to enjoy from year to year for a certain definite term, or infure the pofTeffion of 

 the leflee for any given period. But the authority which he cites (2 Crake, 301) is direclly the 

 reverfe ; for that cafe lays it down, that this would be in effect a leafe for the whole term in 

 tended, an ] a forfeiture of the copyholder s tntereftf. 



* Amended by i Etiz- c. 19 ; 15 EHz. c. 10 ; 14 Eliz. c. n ; and jg and 40 Geo. 3, c. 41. 

 f In the above obfervation it is not intended to queftion the judgment or learning .of the author, but 

 he certainly is too indefinite in what he has laid down ; for the only mode in which the poffeffion of the 

 tenant of copyhold premifes can be in any degree afTured to him beyond the term of one year, is, by 

 making a leafe with the following form of words in the habendum: &quot; To HAVE AND TO HOLD all and 

 &quot; fingular the faid demifed premifes, and every part and parcel thereof, with their and every of their 

 appurtenances, unto the faid A B, his executors, adminiftrators, and affigns, from - unto the full 

 * end and term of one wholeyear, and fo from year toyear until the expiration of the term of - years, 

 &quot; from the faid - day of . , if the lords, lady, or ladies cfthe manor or manors whereof the fame 



* demifed premifes are holden,Jhall confent thereunto, and if, according to the cuftom or cujloms of the faid manor or 

 &quot; manors, the fame may be fo demifed without prejudice or forfeiture \ but not other wife, YIELDING AND PAY- 

 &quot; ING,&quot; &c. as in other leafes, obferving to let the covenants run in the following words, viz. During 

 the continuance of the faid term from year toy ear asaforefaid. 



