little more might have been got for the estate than has been actually reserved. Where, therefore, the lands of a charity had been leased for ninety-nine years determinable upon three lives, at a small rent upon the payment of a fine somewhat exceeding nine years' purchase: and it was attempted to set aside the leases upon the ground of their being granted for an improper length of time, and for an inadequate consideration; but no direct evidence was given of the undervalue; and it appeared that the general usage of the country, as well as of the donor himself at the time of the gift, was to lease the lands in that manner; the court dismissed the information without costs. (u) Where a lease is made in direct opposition to the bye-laws of a charity, the Court of Chancery will interpose; therefore, where the rules of a charitable foundation were, that no lease should be granted for more than twenty-one years, and a lease was granted for twenty-one years with a covenant by repeated renewals to make it up sixty years, the covenant for renewal was declared void in equity, as rendering the lease no less prejudicial than an actual lease for sixty years. (v) And so, where the trustees joined in granting a long lease of the charity lands against the express directions of the founder, the court set it aside with costs, as an improper administration of a charity estate. (w) (u) Attorney-General v. Cross, 3 Meriv. 524. And see AttorneyGeneral v. Moses, 2 Mad. Ch. Rep. 294. (v) Lydiatt v. Sir John Foach, 2 Vern. 410. (w) Attorney-General v. Griffith, 13 Ves. 565. 69 CHAPTER THE FOURTH. Of the Persons to whom demises may be made. made to ALL persons are capable of becoming lessees of demisable of leases property in some cases, however, demises are liable to be avoided, in respect of the persons to whom they are made. Infants may accept leases, and upon their arriving at full Infants: age may avoid them. (a) So, a feme covert may accept a Femes covert : lease, which may be avoided by her husband; or by herself after her husband's death, even though he had assented to it. (b) persons: By the statute 21 Hen. VIII. c. 13, spiritual persons were Ecclesiastical prohibited from taking to farm any manors or lands, &c., unless for the necessary maintenance of their family: but by the statute 43 Geo. III. c. 84, sections 4 and 5, (explained by the statute 43 Geo. III. c. 109,) it was made lawful for them to take to farm either for life, years, or at will, any messuage or dwelling house with or without orchards, gardens, or other appurtenances; and for any spiritual person holding any benefice, and not having sufficient glebe or demesne lands annexed to such benefice, with the consent of the bishop of the diocese, to take to farm for a limited term of years any lands, tenements, or hereditaments. And by sections 7 and 8, of the same statute, vicars or curates might (b) Co. Lit. 3. a. (a) Ketsey's case, Cro. Jac. 320. Felons and outlaws: Aliens, merchants, take leases of the impropriate parsonages of their parishes; but unless such parsonage had been occupied by a spiritual person previously to the passing of that statute, the occupation must have been licensed by the bishop. By the 57 Geo. III. c. 99, the 21 Hen. VIII. c. 13, was in part, and the 43 Geo. III. c. 84, and 43 Geo. III. c. 109, were wholly repealed, and it was enacted, that it should not be lawful for any spiritual person to take to farm for occupation by himself, any land exceeding eighty acres, for the purpose of using or cultivating the same, without the consent in writing of his bishop, which permission should specify the number of years not exceeding seven, for which the permission was given, and every person offending should forfeit forty shillings for every acre above the quantity of eighty acres for every year he should occupy such land. By the 1 & 2 Vict. c. 106, the 21 Hen. VIII. c. 13, and 57 Geo. III. c. 99, were wholly repealed, but by the 28th section the above provision, as to 57 Geo. III. c. 99, was re-enacted. Persons attainted of treason or felony, and persons outlawed in civil suits, may be lessees; but upon office found, the king will be entitled to their leases. (c) So an alien may take a lease of a house, or of lands, meadows, pastures, &c.; but the estate thereby granted, upon office found, will, except as after mentioned, forthwith devolve to the crown. (d) It seems that marriage will not entitle an alien husband to a term vested in the wife. (e) If an alien friend be a merchant, he may securely take a lease of a house for carrying on his trade or merchandize; and the crown cannot seize such lease, unless he abandon the realm; (ƒ) yet here, (c) Co. Lit. 2. b. Shep. Touch. 235. (d) Ibid. Calvin's case, 7 Rep. 49. 1 Rol. Abr. 194. 1. 13. As to purchases by an alien in the name of a trustee, see Rex v. Hol land, Styles, 20. S. C. 1 Rol. Abr. 194. 1. 34. (e) Theobald v. Duffoy, 9 Mod. 102, and 2 Vin. Ab. 260. (f) Co. Lit. 2. b. according to Sir Edward Coke, if he die, the lease shall go to the king, and not to his executors or administrators. (g) By the statute 32 Hen. VIII. c. 16, s. 13, all leases of artificers: houses or shops to an alien, being an artificer or handicraftsman, are made void; a statute which still remains unrepealed, though it has been always strictly construed in favour of aliens; (h) and it has been expressly decided that a vintner is not within the meaning of the statute. (i) But none of these disabilities apply to a denizen, who is Denizens. as capable of being a lessee as a natural subject. (k) (9) Co. Lit. 2. b. But see Anon. 1 And. 25, and Sir Upwell Caroon's case, Cro. Car. 8. (h) Vide Jevens v. Harridge, 1 Saund. 5. S. C. 1 Sid. 308. Co. Lit. 2. b. n. (7.) 94. (i) Bridgham v. Frontee, 3 Mod. (k) 1 Bl. Com. 374. CHAPTER THE FIFTH. How far tenant his landlord. Of the Form of demises. THE relation of landlord and tenant may be created by lease, or by assignment. The tenant is so far a trustee of the lease for his landlord is a trustee for that the latter is entitled to an inspection, and to take a copy of it in cases where it appears that no counterpart can be found. (a) Lessor not en Under an agreement that the lessor would, at the request titled to charge and costs of the lessee, grant a lease, the lessor is not entitled to charge the tenant with the expense of a counterpart. (b) for counter part. Distinction between lease, underlease, and assign ment. If lessee parts with the whole interest reserving a rent. As a general proposition when the alienor parts with only a portion of his estate, reserving to himself a reversion, it is a lease. When a lessee for years disposes of his term reserving a reversion however small, as only one day, the transfer is called, with reference to the original lease, an underlease. (c) When he transfers his whole estate to the alienee, it amounts to, and is called, an assignment. If the lessee grants away his whole interest, reserving a rent, it may, as between the parties, be supported as a demise or lease, on which an action for debt or assumpsit would lie, but, inasmuch as no reversion would remain in the alienor, (a) Doe v. Slight, 1 Dowl. 163. (c) Crusoe dem. Blencowe v. Bugby, 3 Wils. 234. S. C. Bl. Rep. 766. |