LEASE. 



The years purchase in the table, multi- 

 plied by the improved annual value of 

 the estate beyond the rent payable under 

 the lease, gives the fine to be paid for 

 putting 1 in the new life. 



LEASE, in law, otherwise called a DE- 

 MISE, is a conveyance or letting- of lands 

 or tenements, in consideration of rent, or 

 other annual recompense made for life, 

 for years, or at will; but always for a less 

 time than the interest of the lessor in the 

 premises; for if it were of the whole in- 

 terest, it would be more properly an as- 

 signment. He that demises or lets, is the 

 lessor; and he to whom it is demised or 

 let, is the lessee. 



A lease may either be made by writ- 

 ing or word of mouth, called in law, a 

 lease by parol. The former is most usual ; 

 but by the statute of frauds, 29 Charles 

 II. c. 3, all leases of lands, except leases 

 not exceeding three years, must be made 

 in writing, and signed by the parties 

 themselves, or their agents duly authoriz- 

 ed, otherwise the}' will operate only as 

 leases at will. If a lease is but for half a 

 year, or a quarter, or less time, the lessee 

 is respected as a tenant for years ; a year 

 being the shortest term of which* the 

 law, in this case, takes notice ; that is, 

 lie is entitled to the general privileges of 

 a tenant for years, and is classed as such, 

 though his term lasts only for the time 

 specified. 



To constitute a good lease, there must 

 be a lessor not restrained from making 

 the lease to the extent for which it is 

 granted ; a lessee capable of receiving it; 

 and the interest demised must be a de- 

 misable interest, and be sufficiently and 

 properly described. If it is for years, it 

 must have a certain commencement send 

 determination; it is to have all the usual 

 ceremonies, as sealing, delivery, &c. ; and 

 there must be an acceptance of the thing 

 demised. 



Leases were formerly only to a sort of 

 bailiffs, who tilled the* land, and paid a 

 part of the profits to the landlord; they 

 v/ere for very short terms, and the te- 

 nant's estate was little respected in 

 the law. They are now granted for 

 long terms, and arc very beneficial in- 

 terests. 



The following points may be necessary 

 to be specified here concerning leases. 

 First, they must have a certain commence- 

 ment and end. Leases for life must not 

 be made to commence at a future day, 

 and there must be a livery of seisin. 

 They must now be stamped as a lease, to 

 l>e valid; and any form of writing v, ill 

 'ortstiUite u lease, nrovided i', i < 



words of present demise, or actual let- 

 ting: but if it be only an agreement to 

 let, it conveys no immediate title in law, 

 but only an equitable right to have a 

 lease, or to sue at law for not making one. 

 If a lease is made to one for years, and at 

 the same time to another for a longer 

 time, the last lease is not void, but shall 

 take effect after the first expires. A te- 

 nant for life can, in general, only grant a 

 lease to enure during his life ; but some- 

 times a power is annexed to such an es- 

 tate, to grant leases for a specified time, 

 and under particular limitations, all which, 

 must be strictly complied with, or the 

 lease is void; and instances have hap- 

 pened, where building-leases have been 

 set aside, and persons ruined by having 

 granted under-leases. An infant may 

 make a lease ; but may set it aside when 

 he comes of age ; and the Court of 

 Chancery is empowered to grant leases 

 for idiots, lunatics, infants, and married 

 women. 



The rent must be reserved to the exe- 

 cutor or the heir of the lessor, accoi'ding 

 as his estate is real or personal. Lessees 

 are bound to repair, unless the contrary is 

 specified; and although, if the house is 

 burnt by accident, they are not bound to 

 rebuild, yet they must if the fire be by 

 negligence; and if there is a covenant to 

 pay rent, and a covenant to repair, ex- 

 cept in case of fire, yet rent is payable, 

 although the house is not rebuilt by the 

 landlord. If there is a covenant not to as- 

 sign, lease, or under-let, without licence 

 of the landlord, the tenant cannot even 

 grant an under-lease. 



Upon a lease at will, six months' no- 

 tice to quit must generally be given by 

 either party, to determine on the same 

 day in the year when the lease commenc- 

 ed. Leases made by spiritual persons of 

 their church-lands, must be strictly con- 

 formable to certain statutes, called the en- 

 abling and disabling statutes. The te- 

 nant may, at the trial of an ejectment, in- 

 sist upon his notice to quit being insuffi- 

 cient, although he made no objection 

 when it was served. See further Jacob's 

 " Law Dictionary," title Leases. 



LEASE and RELEASE, a conveyance of 

 the fee simple, right, or interest, in lands 

 or tenements, under the statute of uses, 

 27 Henry VIII. c. 10, giving first the pos~ 

 session, " and afterwards the interest, 

 which in law is equivalent to a teoffment. 

 It was invented to supply the place of 

 livery of seisin, and is thus contrived ; a 

 lease, or rsuiu-r bargain and sule, upon 

 some pecuniary consideration, for one. 

 is made bv I'IK: tenant ni' the free- 



