death, but the issue in tail might affirm or avoid it (). Acceptance of the rent or fealty, or bringing an action for recovery thereof, or an action of waste, were such acts as would amount to a confirmation, because these plainly manifested an intent to keep the lessee in possession upon the terms of his lease (g). But if the tenant made an under-lease, and the issue in tail accepted rent from the under-lessee, this would have been no confirmation of the lease. If the tenant assigned part of the land for the residue of the term, and the issue accepted rent from the assignee, this would have confirmed the lease (). If the tenant in tail died whilst the right of the lessee was but an interesse termini (i), and the issue entered and aliened, the alienee might elect to confirm or avoid the lease (j). But if the tenant in tail granted an immediate lease, and the issue aliened without entry, the alienee was bound by the lease, by reason. that the issue had only a right of entry, which is not alienable (k). Neither persons in remainder nor in reversion were bound by the leases of the tenant in tail; against them such leases were void, and they could not confirm them on the death of the tenant in tail. statutes. By the 32 Hen. VIII., c. 28, a tenant in tail was Enabling enabled to make leases for twenty-one years or three lives, if such leases were made in conformity with the provisions of the statute (). (f) Bac. Abr. Leases (D) 1; Co. Litt. 45. (g) Bac. Abr. Leases (D) 1. (h) Bac. Abr. Leases (D) 1. (i) See infra, c. 4, s. 1 n. 6) Bac. Abr. Leases (D) 1; Co. Litt. 349. (k) Bac. Abr. tit. Leases, 311, 315, 324. (t) See Rowdon v. Maltster, Such leases were bind Cro. Car. 42; Doe v. Jenkins, 5 Requisites of ing on the issue in tail, but not on the remainder-man or reversioner. To make a good lease under the above statute, the leases under. following requisites were necessary:-1st, That the lease should be by indenture, not by deed poll, which was required in order that the tenant might be liable to actions of covenant in case of his committing breaches of its stipulations; 2dly, That it should begin from the day on which it was made, which was intended to prevent its termination from being postponed to a very distant period, since otherwise a tenant in tail might have granted a lease to begin twenty years hence, and then, if he had himself died about that period, it would have taken effect almost entirely out of the estate of the issue (m); 3dly, That any other lease in being of the same land should be surrendered or expired within a year of making the new one, since otherwise the reversion immediately expectant on the interest of the person in possession would have been out of the issue in tail so long as the two leases continued concurrent; 4thly, The lease must not have exceeded three lives or twenty-one years since it was thought unjust to keep the issue longer out of possession; 5thly, The lease must have been of lands which had been usually let for twenty years before the lease made; 6thly, The rent accustomably paid during that period, or a greater rent, must have been reserved upon it; and, lastly, It must not have been without impeachment of waste (n). The statute of Hen. VIII. is repealed by the 19 & 20 Vict., c. 120, ss. 32, 35, by which a tenant in tail of settled estates has the same power to make leases as (m) See s. 2, Bac. Abr. tit. Leases (E). (n) See s. 1, post, p. 17, and Bac. Abr. tit. Leases (E); Co. Litt. 44 a b. a tenant for life has (o). Leases made by persons. having an estate in right of their churches are, however, excepted in the repealing section, and therefore as to them the statute of Hen. VIII. still applies (p). recoveries. By the 3 & 4 Will. IV., c. 74, called the Act for the Fines and Abolition of Fines and Recoveries, after the 31st day of December 1833, every actual tenant in tail (q), whether in possession, remainder, contingency, or otherwise, has full power to dispose of for an estate in fee-simple absolute, or for any less estate, the lands entailed as against issue in tail (r), and if there be a protector of the settlement, with his consent as against all persons whose estates are to take effect after the determination, or in defeasance of such estate tail (s). By sect. 41 every assurance by a tenant in tail, except a lease not exceeding twenty-one years, commencing from the date of such lease, or from any time not exceeding twelve months from the date of such lease, at a rack-rent, or not less than five-sixths of a rack-rent, is inoperative, unless such assurance is enrolled in Chancery within six months after its execution (t). 3. TENANTS FOR LIFE. At common law a tenant for life cannot make a At common lease to continue longer than his own life. It deter- law. (0) See infra, Tenant for Life, p. 6. (p) See infra, p. 17. (9) See infra, pp. 26, 24, and 27, as to infants, lunatics, or married women, who are tenants in tail. See 19 & 20 Vict. c. 120. (r) Sect. 15. (8) Sect. 34. (t) The deed may be enrolled by either vendor or purchaser, and the enrolment should be made as By statute. mines absolutely on his death (u), or at the end of the then current year of the tenancy (v), and cannot be confirmed by any acts of the remainder-man or reversioner (w); but such acts will be evidence of a new tenancy from year to year on the terms of the original lease (x). If the remainder-man, however, lies by, and with notice of what the tenant is about to do permits him to lay out money in rebuilding, equity will interfere and prevent him from insisting on the determination of the lease (y). By the 19 & 20 Vict., c. 120, s. 32, "It shall be lawful for any person entitled to the possession or to the receipt of the rents and profits of any settled estates for an estate for life (~), or for a term of years determinable with his life, or for any greater estate, either in his own right or in right of his wife, unless the settlement shall contain an express declaration that it shall not be lawful for such person to make such demise; and also for any person entitled to the possession or to the receipt of the rents and profits of any unsettled estates as tenant by the curtesy or in dower, or in right of a wife who is seised in fee, without any application to the Court (a), to demise the same, or any part thereof, except the principal mansion-house and the demesnes thereof and other (u) Bac. Abr. Leases (I); Adams v. Gibney, 6 Bing. 656. (2) 14 & 15 Vict. c. 25, s. 1. (w) Doe d. Simpson v. Butcher, Doug. 50; Jenkins d. Yates, v. Church, Cowp. 482; Roe d. Jordan v. Ward, 1 Hen. Bl. 97; Doe d. Potter v. Archer, 1 Bos. & Pul. 531; Ludford v. Barber, 1 T. R. 86; Jones v. Verney, Willes. 196. (x) Doe d. Martin v. Watts, 7 T. R. 83; Doe d. Collins v. Weller, ib. 478; Roe d. Jordan v. Prideaux, 10 Exch. 157; Doe d. (y) Stiles v. Cowper, 3 Atk. 692; East India Co. v. Vincent, 2 Atk. 83; Jackson v. Cator, 5 Ves. 688; Dunn v. Spurrier, 7 Ves. 231, 235, 236. (2) This will include a tenant in tail after possibility of issue extinct. See sect. 2. (a) Of Chancery. lands usually occupied therewith, from time to time, for any term not exceeding twenty-one years, to take effect in possession: provided that every such demise be made by deed, and the best rent that can reasonably be obtained be thereby reserved, without any fine, or other benefit in the nature of a fine, which rent shall be incident to the immediate reversion; and provided that such demise be not made without impeachment of waste, and do contain a covenant for payment of the rent, and such other usual and proper covenants as the lessor shall think fit; and also a condition of re-entry on non-payment, for a period of not less than twenty-eight days, of the rent thereby reserved, and on non-observance of any of the covenants or conditions therein contained; and provided a counterpart of every deed of lease be executed by the lessee." By sect. 33, "Every demise authorised by the last preceding section shall be valid against the person granting the same, and all other persons entitled to estates subsequent to the estate of such person under or by virtue of the same settlement, if the estates be settled; and, in the case of unsettled estates, against all persons claiming through or under the wife (or husband), as the case may be, of the person granting the same;" and by the 21 & 22 Vict., c. 77, s. 8, against the wife of a husband entitled in her right. By the 19 & 20 Vict., c. 120, s. 34, "The execution of any lease by the lessor or lessors shall be deemed sufficient evidence that a counterpart of such lease has been duly executed by the lessee, as required by this Act." By sect. 41, "For the purposes of this act a per |