manner, a lease for three years, and so from three years to three years, creates a term for six (9).

By a case in the 28th year of Henry the 8th (r), it appears that a parson leased his rectory "for a term of three years, and after the end of the three years to the end and term of other three years then next and immediately ensuing, and so after the end of the said three years to the end and term of other three years, during all the term of the natural life of the lessor ;" and by the opinion of many benchers of the Middle Temple, and divers judges of C. B., the lessee took only an estate for nine years, if the lessor should so long live; for there wanted words to prove that he had an estate for the life of the lessor: but if it had run, "and so from three years to three years during the life," that, perhaps, would have enured otherwise (s). It was said also that if he had an estate in the rectory for the life of the parson, he ought to have had livery of seisin.

Another very similar case came before the court of K. B. in Hilary term, and again in Michaelmas term, in the 13th year of the reign of James the 1st (t). As Rolle reports the case, it appears that a parson had made a lease of his tithes to J. S. for three years, and at the end of those three years for three more years, and so from three years to three years, during his (the lessor's) life; and that Coke was of opinion that it was a good lease for twelve years; "because, (he said), for three years, and at the end of those three for three more, amounted to six; and so from three years to three years amounted to six more." According to Bulstrode's report, in Michaelmas term, the words were, "for three years, and so from three years to three years, and so from three years to three years during his life;" and he states that the whole court were clearly of opinion, that it was a good lease for

(9) Co. Lit. 45, b. 1 Lev. 46. (r) Anon. Dy. 24, a. pl. (151). (s) And see Plowd. 522.

(t) Wrathbone v. Newbery, 3 Bulstr.

158; S. C., nom. Newberrie v. Rathbone, 1 Rol. 287; I Rol. Ab. 850, Estate, (A.) 1.

twelve years. And Doddridge, J., added:-"If he had said, and so from the said three years for three years, this had been a lease but for nine years.

Where a party took apartments "for twelve months certain, and six months' notice afterwards," Lord Ellenborough was clearly of opinion that he was at liberty to quit it at the end of the twelve months, on giving six months' previous notice. He thought that the word certain, applied to the first twelve months, showed that every thing afterwards was uncertain and depended on the notice (u).

(u) Thompson v. Maberley, 2 Campb. 573. And see Doe dem. Chadborn v.

Green, 9 Adol. & Ell. 658. 661; S. C. 1 Per. & Dav. 454.

CHAPTER III.

AS TO LEASES FOR AN ABSOLUTE TERM OF YEARS.

PERHAPS the most usual mode of leasing in this country

is for terms absolute. The ordinary husbandry lease is for twenty-one years (a). It is said (b), that at a very early period of our history leases for more than forty years were deemed bad; but this law, if it ever existed, was soon obsolete (c); yet even in the reign of Queen Elizabeth we find Lord Egerton pronouncing openly, that he would give none aid in Chancery for the maintenance of any perpetuities, nor of any lease for hundreds or thousands of years, made of lands holden in capite; because the latter were grounded upon fraud, and the former were fights against God (d).

The laws of our own day, except in particular instances (e), impose no restraint on the duration of leases (f), of course supposing them not to exceed the lessor's own estate in the property demised.

If a man lease his land for years, the lease is good for two years, being a number with which at least the plural will be satisfied (g).

A lease from hour to hour, or from month to month, or from year to year, during forty years, is a good lease for forty years (h). So, a lease for a year, and so from year to year till six years expire, is a certain lease for six years (i); and a

(a) Attorney-General v. Owen, 10 Ves. 560.

(b) Co. Lit. 45, b. 46, a. 1 Vent. 58. (c) 2 Bla. Com. 142.

(d) Cary, 11. Risden v. Tuffin, Toth. 187.

(e) As to restrictions in the case of leases by corporations ecclesiastical

and civil, See ante, p. 176, et seq.

(f) Browne v. Tighe, 8 Bli. P. C. N. S. 272. 298.

(g) Bishop of Bath's case, 6 Co. 35, b. 36, a.

(h) Plowd. 273. 522.

(i) Dod r. Monger, Holt, 416; S. C. 6 Mod. 215.

lease for a year, and so from year to year, as long as both parties agree, till six years expire, is also a lease for six years, determinable at every year's end at the will of either party (k).

Terms for years last during the whole anniversary of the day from which they are granted: if it were otherwise, the last day, on which rent is almost uniformly made payable, would be posterior to the lease (7).

In the case of Hanbury v. Litchfield (m), where the plaintiff contracted to take of the defendant a lease for thirty-one years of certain copyhold property, held of the manor of Ealing, of which holding the plaintiff had notice, and it appeared that, by the custom of the manor, the lord could not license a lease for more than twenty-one years, he was decreed to accept a legal lease for twenty-one years, with a covenant for a further term of ten years, and compensation for the difference in pecuniary value. The bill was framed with a view to a different relief, but as, upon the whole statement of it, such appeared to be the equity between the parties, the court, in order to avoid future litigation, made the decree accordingly, under the prayer for gencral relief.

(k) Ibid.

(1) Ackland v. Lutley, 9 Adol. & Ell. 879.894; S. C. 1 Per. & Dav. 636, 647.

(m) Hanbury v. Litchfield, 2 Myl. & Keen, 629.

CHAPTER IV.

AS TO LEASES FOR A TERM OF YEARS DETERMINABLE WITH A LIFE OR LIVES, OR ON ANY OTHER EVENT.

LEASES for years determinable with a life or lives, or on

any other event, are also of daily occurrence. They confer a chattel interest only; and it has been holden that a grant by a lessee for lives of all his estate and interest in the premises, habendum for ninety-nine years if the lives or any of them shall so long live, conveys not a freehold, but a term of years determinable with the interest of the lessor (a). On the same principle, a power of leasing for years determinable with a life will not authorise a lease for lives absolutely, under which a freehold interest must pass (b).

If a lease be granted for twenty-one years if C. so long live, and C. be dead at the time, the term is absolute (c). But if a lease be granted to B. if C. live for twenty-one years, and C. be dead at the time, the lease is void, for the condition is precedent (d).

If it be the intention that the lease should continue until the decease of the survivor of several cestuis que vie during the term, care should be taken to insert proper disjunctive words, as, "if A., B., and C., or the survivors or survivor of them, shall so long live;" for it is settled, that a lease for years if A. and B., or if A., B., and C. shall so long live, will determine by the death of one (e); though, according to Wil

(a) Earl of Derby v. Taylor, 1 East, 502.

(b) Evans v. Vaughan, 4 Barn. & Cres. 261; S. C. 6 Dow, and Ry. 349.

(c) Bradshaw's case, 9 Co. 60, b;

S. C. Jenk. Cent. 305, case 79.

(d) Jenk. Cent. 305, case 79. (e) Brownl. 30. 39. 292. Brudnell's case, 5 Co. 9, a. 1 Rol. 197. 3 Bulstr. 31. 1 Vent. 163. Hughes v. Crowther,