affirm the lease (j). And slight acts have been held to amount to a confirmation of such leases. Thus where an infant made a lease for years, and at full age said to the lessee, "God give you joy of it," this was held to be a confirmation of the lease (k). So where an infant makes a lease, and accepts rent after coming of age, he thereby affirms the lease (1). So where an infant made a lease of land, and after attaining full age mortgaged the land by a deed which recited the lease, this was held to be a confirmation of the lease (m). An infant can make a lease without rent, to try his title (n).

The lease of an infant, to be good, must be his own personal act, for he cannot appoint an agent. Therefore a lease made by his next friend or agent cannot bind him, nor can he ratify it after he is of full age (o). But an infant is bound by a lease made in his corporate capacity (p). Thus a lease by the king or queen regnant, whether of lands held in right of the Crown or of the Duchy of Lancaster, cannot be avoided on the ground of infancy (q).

By the 11 Geo. IV. & 1 Will. IV., c. 65, ss. 16, 17, infants are empowered to grant renewals of leases under the direction of the Court of Chancery, and the Court can direct leases of land belonging to infants when it is for the benefit of the estate (r).

(j) Ashfield v. Ashfield, Sir W. Jones, 157; Ketsey's case, Cro. Jac. 320; Holmes v. Blogg, 8 Taunt. 35; Evelyn v. Chichester, 3 Burr. 1717.

(k) Anon. 4 Leon. 4; Bac. Abr. tit. Estate (B).

(7) Ashfield v. Ashfield, Sir W. Jones, 157.

(m) Story v. Johnson, 2 J. & C. Exch. 586.

(n) Zouch d. Abbot v. Parsons, 3 Burr. 1798.

(0) Doe d. Thomas v. Roberts, 16 M. & W. 778.

(p) Bro. Abr. tit. Age, pl. 80. (9) Case of Duchy of Lancaster, Dyer, 209 b, Plowd. 212 b.

(r) See ante, Tenants for Life, p. 5; 19 & 20 Vict. c. 120; and Guardians, ante, p. 21.

ALL persons are capable of being lessees of demisable property; in some cases demises, however, may be avoided in respect of the persons to whom they are made (a).

1. PERSONS UNDER DISABILITY.

Idiots and lunatics may take leases for their own Lunatics. benefit (b). The committee of a lunatic may surrender leases and accept renewals for the benefit of the lunatic, upon certain conditions, under the 16 & 17 Vict., c. 70, ss. 113-115; and the committee, or an attorney appointed by the lord of the manor, may, by sect. 108, be admitted tenant of copyhold land on behalf of the lunatic.

lawed or at

Outlaws may be lessees, but leases taken by them Persons outfor chattel interests are forfeited to the Crown (c). tainted. Persons attainted may be lessees, but their leases were

(a) 2 Cruise Dig. 79, s. 85; Kettley v. Elliot, Cro. Jac. 320; Brownl. 120, 2 Bulst. 69.

(b) Co. Litt. 2 b.

(c) Knowles v. Powell, Owen, 16; Brittain v. Cole, 1 Salk. 395; Bac. Abr. tit. Outlawry (D) 2.

Aliens and denizens.

forfeited to the Crown (d). But by the 33 & 34 Vict., c. 33, ss. 1, 10, forfeiture for treason or felony, except that consequent upon outlawry, is abolished, and the property of the convict vests in the administrator under the Act (e).

At common law an alien friend might take a lease of a house or of lands; but the estate thereby granted upon office found would forthwith devolve to the Crown (f). But an alien friend who is a merchant might take a lease of a house for carrying on his trade, and the Crown could not seize such lease, unless he abandoned the realm (g). An alien husband will not be entitled to a term vested in the wife (h).

By the 7 & 8 Vict., c. 66, s. 4, alien subjects of a friendly state may take and hold personal property, except chattels real; and by sect. 5 (2), alien friends may take and hold land for twenty-one years, for the purpose of residence, or of occupation by them or their servants, or for the purpose of any trade, business, or manufacture, as fully as if they were naturalborn subjects. By sect. 6, aliens, when naturalised

(d) Co.Litt. 2b; Shep. Touch. 235.
(e) See ante, p. 25.

(f) Co. Litt. 2 b; Shep. Touch.
235; Calvin's case, 7 Rep. 49. As
to purchases by an alien in the
name of a trustee, see R. v. Hol-
land, Styles, 20, S. C. 1 Roll. Abr.
194, 1, 13.

(g) Co. Litt. 2 b; see R. v. East-
bourne, 4 East. 107. But on the
death of the lessee the lease shall
go to the Crown, and not to his
executors or administrators.
Litt. 2 b; but see Anon. 1 And.
25, and Sir Upwell Caroon's case,
Cro. Car. 8.

Co.

(h) Theobald v. Duffy, 9 Mod. 102; 2 Vin. Abr. 260.

(i) Sect. 5 in effect repealed the 32 Hen. VIII. c. 16, s. 13, by which all leases of dwelling-houses or shops to an alien artificer or handicraftsman were made void. This Act was strictly construed in favour of aliens. See Jevens v. Harridge, 1 Wms. Saund. 5th ed. 6, and notes; Co. Litt. 2 b; and Hargrave and Butler's notes, n 7. See Pilkington v. Peach, 2 Show. 134. For decisions on this section, see Lapierre v. M'Intosh, 9 Ad. & E. 157; Wootton v. Steffenoni, 12 M. & W. 129; Bailey v. Cathery, 1 Dowl. N.S. 456.

pursuant to the provisions of this Act (j), are to enjoy the same rights as natural-born subjects.

Alien enemies cannot hold leases for any purpose whatever.

A denizen (k) may take lands by purchase or devise, but not by inheritance. He may therefore be a lessor or lessee (7).

Women.

A feme covert (m) can take a lease, her husband's ex- Married press assent not being necessary, as the estate vests till dissent. But she may avoid it after his death (n). If a lease be made to a husband and wife, and she agree to it, she must pay the rent, and she will be chargeable with the arrearages incurred during the coverture and for waste (o).

By the 1 Will. IV., c. 65, ss. 12, 15, leases to married women, under the direction of the Court of Chancery, may be surrendered and renewed as therein stated.

Infants may accept leases, and upon attaining Infants. full age they may affirm or avoid them (p). The election to avoid a lease must be made by the infant within a reasonable time after he comes of age (q). But it seems that an infant who has taken possession

(j) Sects. 7-14, 16. See s. 15, which reserves to aliens rights enjoyed before the Act passed. Doe d. Miller v. Rogers, 1 C. & K. 390.

(k) Co. Litt.129 a; Calvin's case, 9 Rep. 25 b.

(7) 1 Blac. Com. 374. See 12 & 13 Will. III. c. 2.

(m) See post, Part 4, c. 2, s. 3. (n) Swaine v. Holman, Hobart, 204; Co. Litt. 3 a. See Gaston v. Frankum, 2 De G. & S. 561, as to a married woman's separate estate being bound for payment of the rent.

(0) Com. Dig. tit. Baron and Feme, s. 2; 2 Inst. 303; 2 Roll. 287; 1 Roll. Abr. 349, pl. 2; Brownl. 31; Dyer, 13 b.

(p) Ketsey's case, Cro. Jac. 320; Baylis v. Dyneley, 3 M. & S. 477.

(q) Holmes v. Blogg, 8 Taunt. 35. If an infant pay money as a premium for a lease, which he avoids upon coming of age, and never derives benefit from the occupation, he cannot recover such money in an action for money had and received. Holmes v. Blogg, supra.

Corporations.

Ecclesiastical persons.

under a lease which is disadvantageous to him, is bound, after coming of age, until he disclaims (r). Even during infancy he may be liable for the use and occupation of necessary lodgings suitable to his degree (s). If a person jointly interested with an infant in a lease obtain a renewal to himself only, and the lease prove beneficial, he shall be held to have acted as trustee, and the infant may claim the share of the benefit; but if it do not prove beneficial, he must take it on himself (t).

By the 1 Will. IV., c. 65, ss. 12, 15, leases to infants may, under the direction of the Court of Chancery, be surrendered or renewed in the mode therein stated.

2. CORPORATIONS.

Corporations (u) aggregate may be lessees (v). A lease however to a corporation sole (for instance, a lease to a bishop and his successors), on the death of the bishop will go to his executors (w); but by custom it may go to his successors, as in the case of the Chamberlain of London (x).

One member of a corporation cannot make a lease to another member, nor can he take a lease from the corporation (y).

By the 1 & 2 Vict., c. 106, s. 28, spiritual persons performing the duties of any ecclesiastical office cannot take leases for occupation by themselves of more than eighty acres of land without the written permission of the bishop of the diocese.

(r) The London and North-Western Railway Co. v. M'Michael, 5 Exch. 114, 20 L. J. Ex. 97.

(8) Hands v. Slaney, 8 T. R. 578; Lowev. Griffiths, 1 Scot. 458. (t) Ex parte Grace, 1 B. & P. 376.

(u) See ante, c. 1.

(v) Bac. Abr. tit. Corporations (E) 4.

(w) Co. Litt. 46 b.

(x) 2 Bac. Abr. 14.

(y) Salter v. Grosvenor, 8 Mod. 303.