38 APPENDIX. 



CHAP. III. 



Of tlie Duration of Leajes ; and herein of the Means by which they may be 



determined. 



THE continuation or duration of leafes for years ought to be afcertained and fixed by the 

 particular limitation of the parties, at the time of the leafe made ; and a Icafe may be deter 

 mined, either by the term expiring for which the premifes were leafed, or by the happening 

 of a particular contingency ; fuch as by furrender to the landlord, or forfeiture for the breach 

 of fome covenant, exprefs or implied. 



But the moft ufual way in which a leafe determines is by the efflu&ion of time, that is, by 

 the period expiring for which thelands were demifed, or upon a contingency happening that 

 was 10 create, as it were, fuch period ; fuch as the cafe of a notice to determine at the expiration 

 of the firft feven years of the term, or the like, where a power has been referved for that pur- 

 pofe. 



A leafe for years is alfo determined, and at an end, by what the law terms a merger of inte 

 reft; that is, where the tenant purchafes a freehold, or the immediately fuperior intereft of 

 his landlord ; then the leafe merges or finks, and is loft or drowned, in the greater eftate and in 

 tereft which the tenant takes by his purchafe. 



Another mode by which a leafe may be made to determine is by furrender ; that is, by 

 yielding up to the landlord the leafe, and eftate and intereft derived thereby ; by which means 

 the fubordinate eftate of the tenant is alfo merged in the greater eftate of the landlord. 



But by the ftatute of frauds and perjuries, 29 Car. 2. c. 3, no leafes, eftates or interefts for 

 term of years (hall befurrendered, unlefs it be by deed or note in writing, figned by the party 

 who makes fuch furrender, or fome other lawfully authorized thereunto, or by aft and opera- 

 ration of law. 



A fourth means whereby a leafe may be determined, is by cancelling the deed by which it 

 is granted ; for, whatever doubts may have been formerly entertained as to the effect of erafing, 

 or otherwife annulling, a leafe for years, yet at this day, fince the ftatute of frauds and perjuries, 

 Slat. -29 Car. 2. c. 3, which makes all leafes for above three years (Vide this Appendix, p. 82,) 

 to have only the force and effect of leafes at will, unlefs they be in writing, and figned by the 

 party : the deed or writing, whereby fuch leafe is made, feems to be of the fame eflence as the 

 leafe itfelf; and therefore the cancelling or deftruclion of that feems to deftroy and avoid 

 the leafe itfelf, becaufe it deftroys att evldence allowed by law for tbefipport thereof; though, in 

 fuch cafe, Chancery frequently fets up the leafe again, or decrees the party to execute a nevr 

 one for the refidue of the term ; which is not againft the prohibition of the act ; becaufe there 

 was once a good and effectual leafe made purfuant to the ftatute. But here it muft be under- 

 ftootl r ;:,at the Court of Chancery will not interfere in a fair and bonajide tranfaclion, but only 

 in ca cs where the cancel has been obtained by fraud. 



A icait iiiay allo be determined by force of any condition indorfed on the back of the deed, 



