Enabling stat utes. cities and towns, corporate boroughs, or market-towns, with not more than ten acres of land appurtenant, for forty years, subject to the provisions of the 14 Eliz., c. 11, ss. 17, 19 (ƒ). These statutes were further amended by the 39 & 40 Geo. III., c. 41, which permitted ecclesiastical corporations, sole or aggregate, to apportion the rents of lands formerly demised by one lease among the several parts in which it might be demised (g). The 6 & 7 Will. IV., c. 20, explained by the 6 & 7 Will. IV., c. 64, imposed certain restrictions on the renewal of leases by ecclesiastical persons. By the 5 Vict., c. 27 (h), incumbents of ecclesias (f) Bac. Abr. tit. Leases, p. 331; Crane v. Taylor, Hob. 269; Hunt v. Singleton, Cro. Eliz. 564. The three statutes (13 Eliz. c. 10, 14 Eliz. c. 11, 18 Eliz. c. 11) are to be read together as forming one law on the same subject-matter, and where leases of houses, &c., which were exempted out of the 13 Eliz. by the 14 Eliz., do not observe the provisions of the latter statute, they fall within the general enactments of the first statute, and are made void thereby. In other words, a lease not warranted by 14 Eliz. remains restrained by the 13 Eliz., which makes leases against that act void. Per Tindal, C.J., in Vivian v. Blomberg, 3 Bing. N.C. 324, 325. It is apparent from the statutes 32 Hen. VIII. c. 28, and 13 Eliz. c. 10, that the Legislature meant to confine the authority to let to lands formerly let, and capable of producing profit. Goodtitle d. Clarges v. Hunucar, 2 Doug. 565. As to construction of these statutes, see Doe d. Tennyson v. Lord Yarborough, 7 Moore, 258, S.C. 1 Bing. 24; Bac. Abr. tit. Leases; 1 Platt on Leases, p. 240; and Chitty's Statutes, "Leases." A lease declared void by the 13 Eliz. has been held good during the life of the lessor, per Bayley, J., in Doe d. Bryan v. Banks, 4 B. & A. 407; and even after the lessor's death such a lease is not void, but voidable, and may be confirmed by his successor, per Holroyd, J., in Edwards v. Dick, 4 B. & A. 217. (g) See Doe d. Shrewsbury v. Wilson, 5 B. & A. 386; Doed. Egremont v. Williams, 11, Q. B. 688. (h) Previous to this statute all colleges, cathedrals, and other ecclesiastical or eleemosynary corporations, and all parsons and vicars, were restrained from making any leases of their lands unless under the following regulations-1st, The leases not to exceed twenty-one years, or three lives from the making; 2d, The accustomed rent or more was to be yearly reserved thereon, respecting which the 39 & 40 Geo. III. c. 41, is particularly explanatory; 3d, Houses in corporation or market towns might be let for forty years, provided they were tical benefices were enabled, with the consent of the bishop and patron, to lease lands (i) belonging to their benefices on farming leases for fourteen years, subject to certain restrictions. And by the 24 & 25 Vict., c. 105, no grant by copy of court-roll, or any lease by any future prebendary (j), rector, vicar-perpetual, curate, or incumbent of their lands is to be valid, unless made in conformity with the provisions of the 5 Vict., c. 27 (k). By "The Ecclesiastical Leasing Act (1842)" (7), as amended by "The Ecclesiastical Leasing Act (1858)" (m), all ecclesiastical corporations, sole and aggregate, are enabled, with the consent of the Ecclesiastical Commissioners for England, and with such further consents as are therein mentioned, to grant building and repairing leases for any term not exceeding ninety-nine years (n); leases of running water, way-leaves, and other rights and easements, for any term not exceeding sixty years (o); also mining leases not the mansion-house of the lessors, nor had above ten acres of ground belonging to them, and provided the lessees were bound to keep them in repair; 4th, Where there was an old lease no concurrent lease could be made, unless where the old one would expire within three years; 5th, Leases might not be renewed before their expiration, unless according to the provisions of 39 & 40 Geo. III. c. 41, s. 10, and 6 & 7 Will. IV. c. 20, and c. 64; 6th, No lease could be made without impeachment of waste; 7th, All bonds and covenants tending to frustrate the provisions of the statutes 13 & 18 Eliz. were void. Woodfall, "Landlord and Tenant," 6th edit., p. 17. (i) Glebe lands which have been usually let on lease by incumbents are not within the Act. Jenkins v. Green, 28 L. J. (j) See further 25 & 26 Vict. c. 52. (k) Green v. Jenkins, 29 L. J. Ch. 505, S.C. 28 Beav. 87. At common law, a lease by the incumbent of a benefice, in whatever terms it was framed, operated as a demise so long only as he continued incumbent, for he could not pass a greater interest. Wheeler v. Heydon, Cro. Jac. 328; Price v. Williams, 1 M. & W. 6; Doe d. Kirby v. Carter, Ry. & Moo. 237; Doe d. Tennyson v. Yarborough, 1 Bing. 24. () 5 & 6 Vict. c. 108. This Act is not to restrain existing powers of leasing. Sect. 8. (m) 21 & 22 Vict. c. 57. (n) Sect. 1. (0) Sect. 4. Churchwar seers. for any term not exceeding sixty years (p). All of which leases are subject to certain restrictions and conditions for the benefit of their successors; and it must be made to appear to the satisfaction of the Ecclesiastical Commissioners that such leases are for the permanent advantage of the estate before their consent is given (q). By the 14 & 15 Vict., c. 104, entitled "An Act to facilitate the Management and Improvement of Episcopal and Capitular Estates for England "(r), ecclesiastical corporations are enabled, with the approval of the Church Estate Commissioners, from time to time to grant mining or building leases as therein mentioned (s). 9. PARISH OFFICERS. The 59 Geo. III., c. 12, s. 17, vests in the churchdens and over- wardens and overseers of the poor, in the nature of a body corporate, all buildings, lands, and hereditaments belonging to the parish (t). And this Act, its (p) Sect. 6. (9) 21 & 22 Vict. c. 57, s. 1. general, neither churchwardens nor overseers, separately or conjointly, in respect of their official capacity, had any legal interest in parish property to demise. Co. Litt. 3 a; Doe d. Grundy v. Clarke, 14 East. 488; Phillips v. Pearce, 5 B. & C. 433; Doe d. Higgs v. Terry, 4 A. & E. 274; Doe d. Hobbs v. Cockell, 4 A. & E. 478; Doe d. Norton v. Webster, 12 A. & E. 444, note (a). But before the statute, a person holding under a lease granted by parish officers, of lands belonging to the parish, was a tenant from year to year. Doe d. Higgs v. Terry, see supra; Doe d. Hobbs v. Cockell, see supra. object being the proper management of parochial property, applies to those cases only where the rents are applicable solely to parochial purposes, which are under the control of parish officers (u); and the terms of the statute must be strictly followed in the execution and drawing of the leases (v). Copyholds do not appear to be within the Act (w). 10. GUARDIANS. A guardian in socage (x) may make leases of the Guardians in infant's land in his own name, for he has not merely socage. a bare authority, but an interest in the land descended (y); and a guardianship by election involves a similar power of leasing the estate of the infant (z). Such leases, if they extend beyond the time of the guardianship, may be confirmed by the infant on attaining full age (a). A guardian by nature cannot make any leases either in his own name or in the name of the infant (b). It is said that he may make a lease at will (c). (u) Per Parke, B., Uthwatt v. Elkins, 13 M. & W. 777; Allason v. Stark, 9 Ad. & E. 255; Att.Gen. v. Lewin. 8 Sim. 366. See also Gouldsworth v. Knight, 11 M. & W. 337; Smith v. Adkins, 8 M. & W. 362; St Nicholas, Deptford, v. Sketchley, 8 Q. B. 394; Rumball v. Munt, 8 Q. B. 382; Doe d. Edney v. Benham, 7 Q. B. 976; Doe d. Bowley v. Barnes, 8 Q. B. 1037. (v) Phillips v. Pearce, 5 B. & C. 433; Doe d. Landsell v. Gower, 21 L. J. Q. B. 57; 17 Q. B. 589; Woodcock v. Gibson, 4 B. & C.462. (w) Doe d. Bailey v. Foster, 3 C. B. 215. (x) Bac. Abr. tit. Leases (I) 9. See Crabb's Digest of the Statutes, vol. i. p. 39. (y) Shopland v. Ryoler, Cro. Jac. 55-59, 1 Blac. Com. 461, Co. Litt. 87 b; R. v. Oakley, 10 East. 494; Eyre v. Countess of Shaftesbury, 2 P. Wms. 108; R. v. Sherrington, 3 B. & A. 714; R. v. Sutton, 3 A. & E. 597. See also Wade v. Baker, 1 Ld. Raymond, 131; Osborn v. Carden, Plowd. 293; Willis v. Whitewood, 1 Leon. 322, Keilw. 46 b. (z) 1 Blac. Com. 462; Co. Litt. 87 b; Pitcairn v. Ogbourne, 2 Ves. 375. 9. (a) Bac. Abr. tit. Leases (I) 9. (c) Willis v. Whitewood, Owen, 45, 1 Leon. 322; Pigot v. Garnish, Cro. Eliz. 678; Bac. Abr. tit. Leases (I) 9. Testamentary guardians. Executors and administra tors. A testamentary guardian, or one appointed pursuant to the 12 Car. II., c. 24, ss. 8-11, is the same in interest and office as a guardian in socage (d). But it has been doubted whether a lease for years, made by the testamentary guardian of an infant, is not absolutely void (e). A guardian appointed by the Lord Chancellor must obtain the sanction of the Court of Chancery before he can make a lease (f). 11. EXECUTORS AND ADMINISTRATORS. Executors and administrators, after they have obtained letters of administration, may, by virtue of their office, dispose absolutely of terms of years, which are vested in them in right of their testators or intestates (g). A lease by one of several executors is as valid as if made by all, and the same rule applies to administrators (h). Where a testator specifically bequeathed by will a term of years, and the executor or administrator with the will annexed assents to the bequest, and afterwards leases the same, such lease would be void, as the legal interest in the term is vested in the legatee upon such assent; but until c. 77; Rex v. Sutton, 3 A. & E. 608; Re James, deceased, L. R. 5 Eq. 334. See ante, p. 5, Tenant for Life. (g) 2 Wms. Executors, 878, 6th edition; Bac. Abr. tit. Leases (I) 7; Roe d. Bendall v. Summerset, 2 Wm. Blac. 692; Wankford v. Wankford, 1 Salk. 301; Hudson v. Hudson, 1 Atk. 461. (h) Doe d. Hayes v. Sturges, 7 Taunt. 217; Simpson v. Gutteridge, 1 Mad. 609, 616. |