Ways. Corrodies. and commons within the manor, at any time to demise or lease, for any term or number of years not exceeding four, any part of such wastes and commons, not exceeding a twelfth part thereof, for the best and most improved yearly rent that can be obtained by public auction. The clear net rents are to be applied to fence, drain, and otherwise improve the residue of the wastes and commons. Estovers (m) (a reasonable allowance of wood, fuel, and repairs that every tenant for life may take of common right upon the land demised to him) can be leased. The grantee of house-bote or hay-bote may let it to another (n). A right of way is demisable with the land to which it is legally appurtenant, and will pass without being mentioned, as will also other easements (o). A corrody is a right of sustenance, or to receive certain allotments of victual and provision for one's maintenance. In lieu of which, especially when due from ecclesiastical persons, a pension or sum of money was sometimes substituted. A corrody was chargeable on the person of the owner of the inheritance in respect thereof (p). If one had a corrody for life, he might let it to another, or to the grantor himself (q). (m) A different thing from common of estovers, which is a right to cut wood upon the soil of a stranger. (n) Shep. Touch. 222; Bac. Abr. tit. Leases (A); Clark v. Cogge, Cro. Jac. 170, 190. (0) Osborne v. Wise, 7 C. & P. 761; Clark v. Cogge, Cro. Jac. 170; Howton v. Fearson, 8 T. R. 50; Sury v. Pigot, Popham, 166; James v. Plant, 4 A. & E. 749; Kooystra v. Lucas, 4 B. & A. 830; Morris v. Edgington, 3 Taunt. 24; Davies v. Sear, L. R. 7 Eq. 427. See however Thompson v. Waterlow, 37 L. J. Ch. 495, L. R. 6 Eq. 36; Langley v. Hammond, 37 L. J. Ex. 118, L. R. 3 Ex. 161. (p) 2 Blac Com. 40. (q) Bac. Abr. tit. Leases (A); R. v. Nicholson, 12 East. 330; Peter v. Kendal, 6 B. & C. 703; Beere v. Windebanke, Sid. 80. Franchises (7) can be demised. Thus, a fair, or a Franchises. market, or a ferry, with the right of taking toll, can be demised; so also can a franchise of forest, chase, park, warren, or fishery. Where, however, the franchise is a personal immunity, no lease can be granted (s). So tolls can be leased (†). Tolls. Leases of offices which touch the administration or Offices. execution of justice, or the receipt of revenue, are prohibited by the 5 & 6 Edw. VI., c. 16, and the 49 Geo. III., c. 126 (u). But such offices as merely require common diligence, and may be executed by deputy without ill consequence to the public, may be leased for years (v). Also such offices as are merely ministerial in courts of justice (w). Dignities or honours cannot be leased (x). (r) Franchise 'and liberty are synonymous terms, and their definition is a royal privilege, or branch of the crown's prerogative in the hands of a subject. Finch, L. 164. (8) Duke of Somerset v. Fogwell, 5 B. & C. 875, 2 Blac. Com. 40; Bac. Abr. tit. Leases (A). See infra, Offices. (t) Fairtitle d. Mytton v. Gilbert, 2 T. R. 169, 3 Geo. IV. c. 126, 4 Geo. IV. c. 95, s. 51; Bell v. Nixon, 9 Bing. 393; Pearse v. Morrice, 5 B. & Ad. 396; Olroyd v. Crampton, 4 Bing. N. C. 24; Shepherd v. Hodman, 18 Q. B.316; Markham v. Stamford, 14 C. B. N. S. 376; Gunning on Tolls, 140. By the 3 Geo. IV. c. 126, s. 57, all contracts or agreements for the letting of turnpike tolls, signed by the trustees, or their clerk, and the lessee or farmer, are declared to be valid. See Markham v. (v) Hopkins v. Prescott, 4 C. (w) For instance, surveyor of the green wax, sealer of writs and subFœnas. Bro. Abr. tit. Leases, 40. (x) Bac. Abr. tit. Leases (A). Pensions. Rents and an nuities. Other incorporeal hereditaments. So pensions granted by the crown, wholly or in part, in respect of future services which the recipient may be called upon to render, cannot be leased (y). Rents and annuities (2) can be granted by way of lease (a). Whatever may be granted and parted with for ever may be leased (b). Thus rights of hunting, shooting, fishing, which are interests in the realty, may be leased. Mere easements in gross, however, it would seem, are not the subjects of demise (c). Thus in Hill v. Tupper (d), an incorporated canal company by deed granted to the plaintiff the sole and exclusive right or liberty of putting or using pleasure-boats for hire on their canal. It was held that the grant did not create such an interest or estate in the plaintiff as to enable him to maintain an action in his own name against a person who disturbed his right of putting and using pleasure-boats for hire on the canal. So in Handcock v. Austen (e), A, the owner of certain lacemachines, paid 12s. a week to B for permission to place the machines in a room in B's factory, and for free ingress and egress to the room for himself and workmen for the purpose of working and inspecting the machines. B supplied the necessary steam power for working the machines, payment for (y) Wells . Forster, 8 M. & (z) An annuity which is de- (a) Bac. Abr. tit. Leases; (b) Bac. Abr. tit. Leases. (c) Hill v. Tupper, 32 L. J. Ex. 217; Wood v. Leadbetter, 13 M. & W. 838; Ackroyd v. Smith, 19 L. J. C. P. 315; Stockport Waterworks Company v. Potter, 3 H. & C. 300; Bird v. Great Eastern Railway Company, 19 C. B. N.S. 268; Hyde v. Graham, 1 H. & C. 593; Selby v. Greaves, 37 L. J. C. P. 251. (d) 32 L. J. Ex. 217. (e) 14 C. B. N.S. 429; 32 L. J. C. P. 252. which was included in the above sum. It was held that as there was no demise to A of any part of the room, the relation of landlord and tenant was not created between him and B (ƒ). Corporeal hereditaments in expectancy lie in grant, and are capable of being demised. 2. THINGS IN LIVERY. Corporeal hereditaments which consist wholly of substantial and permanent objects, such as lands and houses, &c., were, if in possession before the 8 & 9 Vict., c. 106 (g), said to lie in livery. They are the subjects of demise; and incorporeal rights appurtenant thereto for instance, rights of way or other easements -will pass by a demise of the land (1⁄2). Parts of any dwelling-house or other tenement may Lodgings. be demised. Where parts of a dwelling-house are let, they are called lodgings or apartments (i); and if let furnished, the rent is deemed to issue out of the realty, and not partly out of the furniture (j). (f) See Selby v. Greaves, 37 L. J. C. P. 257; Wright v. Stavert, 2 E. & E. 721, 29 L. J. Q. B. 161; Carr v. Benson, L. R. 3 Ch. Ap. 524. (g) See supra, p. 35, n. (a). (h) Skull v. Glenister, 16 C. B. N.S. 81; Dobbyn v. Somers, 13 Ir. Com. L. Rep. N.S. 293, Q. B.; Osborne v. Wise, 7 C. & P. 761; Clark v. Cogge, Cro. Jac. 170, 190, Staple v. Heydon, 6 Mod. 1, 3; Howton v. Fearson, 8 T. 1. DISTINCTION BETWEEN LEASES BY DEED, LEASES BY WRITING NOT UNDER SEAL, AND WITHOUT WRITING. WE have seen that, as a general rule, a lease of any corporeal or incorporeal hereditament, can be created for life or lives, for years, or at will (a). But the distinction which existed between things lying in livery (a) See supra, c. 3, p. 35. |