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A

DIGEST

OF

The Laws of England

RESPECTING

REAL PROPERTY.

By WILLIAM CRUISE, Esq.

BARRISTER AT LAW.

THE FOURTH EDITION,

REVISED AND CONSIDERABLY ENLARGED,

BY HENRY HOPLEY WHITE, Esq.

BARRISTER AT LAW, OF THE MIDDLE TEMPLE.

IN SEVEN VOLUMES.

VOLUME VII.

CONTAINING

APPENDIX AND INDEXES.

LONDON:

SAUNDERS AND BENNING, LAW BOOKSELLERS,

(SUCCESSORS TO J. BUTTERWORTH AND SON,)

43, FLEET STREET.

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Since the Appendix was printed, the Editor, through the kindness of Mr. Bere, the Counsel who made the application in the case of er-parte Mary Gill, (1 Bing. N. S. p. 168.) noticed infra, pp. 14, 15. has been favoured with the sight of the affidavit made by Mary Gill: from this it appears that, by settlement made on her marriage with Hugh Gill, the estate was limited to her husband for life, with remainder to trustees during his life to preserve, with remainder to herself for life, with several remainders over. The Reporter, therefore, was mistaken in supposing Mary Gill's life estate contingent, — it was unquestionably vested, though reversionary. Leave was granted of course, the Court of C. P. could entertain no doubt under the circumstances of the application.

A DIGEST

OF

The Laws of England

RESPECTING

REAL PROPERTY.

APPENDIX.

8. 15.

APPORTIONMENT OF RENTS, &c. The subject of the apportionment of rents by statute is discussed in the third volume of this work. It is there stated that Tit. 28. ch. 3. at common law, if a tenant for life died before the day on which

S. 44. p. 306. the rent became due, where the lease determined by the death of the tenant for life, his executors could not claim an apportionment of the rent; nor could the remainder-man or reversioner claim that part of it which accrued during the life of the tenant for life : so that the tenant, as to that period of his tenancy, did not pay any thing.

The statute 11 Geo. 2. c. 19. s. 15. which was passed to 11 Geo. 2.c. 19. remedy this defect is there cited : it gives the executors of any such tenant for life, dying on the day of payment, the whole, if before that day, a proportional part of the rent. Mr. Cruise then remarks, that the statute only extended to rents s. 46. reserved on leases which determined by the death of the lessor; for where the lease did not determine on that event, the person in remainder or reversion became entitled to the whole rent, due from the day of payment preceding the death of the tenant for life. In section 47 the editor observed, that it did not seem settled, whether the provisions of the above statute 11 Geo. 2. c. 19. extended to a lease not pursuant to the enabling statute, made by tenant in tail, and that the cases, which

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