4 Ann. c. 16. s. 21. Eng.

s. 19. Ir.

Warranties of

after the decease of their said husbands, may re-enter according to their first estate: And if the woman at the time of such discontinuance, &c. be sole, she shall be barred of her title, and the person to whom the title should belong after the decease of the woman, shall immediately enter. Provided that this act extend not to any such discontinuance, &c. to be had with the heirs next inheritable to the woman, or where they, that next after the death of the woman should have estate of inheritance in the lands, &c. be assenting to the said recoveries, where the same assent is of record, or inrolled: provided also that it shall be lawful to every such woman, being sole or married, after the death of her first husband, to give, sell, or make discontinuance, for term of her life. only. This statute has been adopted in Ireland by the 10 Car. 1. st. 2. c. 8. s. 3. Ir. The 6 Ann. c. 10. s. 19. Ir.

6 Ann. G. 10. provides in like manner as the 4 Ann. c. 16. s. 21. Eng. that all warranties made by any tenant for life of any lands, &c. the same descending or coming to any person in reversion or remainder, shall be void; and all collateral warranties, made of any lands, &c. by any ancestor who has no estate of inheritance in possession in the same, shall be void against his heir.

tenant for life,

&c. void.

§ 2.

Statute en

abling tenants

make certain

leases.

32 Hen, 8. f. 28. Eng.

s. 2.

II. By the 32 Hen. 8. c. 28, Eng, (called the enabling statute) all leases to be made of any lands, &c. by writin tail, &c to ing indented under seal, for term of years, or for life, by persons of full age, of 21, having any estate of inheritance either in fee-simple or fee-tail, in their own right, or in right of their churches or wives, or jointly with their wives, shall be good in law against the lessors, their wives, heirs and successors. But by s. 2. this act shall not extend to any lease of any lands, &c. being in the hands of any fermor by virtue of an old lease, unless such old lease be expired, surrendered, or ended, within one year after the making of the new lease; nor extend to any grant of any reversion; nor to any lease of lands which have not most commonly been letten to ferm by the space of 20 years next before such lease made; nor to any lease to be made without impeachment of waste; nor to any ni 10 Car.1. lease to be made above the number of 21* years, or 3

*"41 years"

5. c. 6. r.

lives,

s. §.

lives, from the day of making thereof; and upon such lease there shall be reserved, yearly, so much rent or more, as hath been most accustomably paid, for the lands so to be letten, within 20 years next before: and every person to whom the reversion shall appertain after the deaths of such lessors, shall have the like remedy against the lessees, their executors and assigns, as the lessor might have had. And it is provided (s. 3.) that the wife shall be made a party to every such lease made by her husband, of any lands being the inheritance of the wife; and that every such lease be made by indenture in the name of the husband and wife, and that she scal the same; and that the rent be reserved to the husband and wife, and to the heirs of the wife, according to her estate; and that the husband shall not alien or discharge the rent longer than during the coverture, without it be by fine levied by the husband and wife. By s. 4. this act shall not give power to any person to take more farms than he might have done ;* nor to any parson or vicar to make any lease of any hereditaments belonging to their churches or yicarages, otherwise than they might have done. The 10 10 Car. 1. st. 3. Car. I. st. 3. c. 6. Ir. is the corresponding statute in Ireland; such distinction, as is noted in the margin, is however to be observed; and the last clause (s. 4.) of the 32 Hen. 8. above stated, is peculiar to this English stafute. And with respect to incorporeal hereditaments the 5 Geo. 3. c. 17. Eng. in like manner enacts, that all leases for 1, 2, or 3 lives, or 21 years, of any tithes, Eng. tolls, or other incorporeal hereditaments, solely, and Leases of inwithout any lands or corporeal hereditaments, by any ments may archbishop or bishop, master and fellows, or other head be and members of colleges or halls, deans and chapters,. precentors, prebendaries, masters and guardians of hospitals, and every other person who is enabled to make leases of any lands, tenements, or other corporeal hereditaments, shall be as effectual against such archbishop and other persons, as leases of any lands or other corporeal hereditaments by the 32 Hen. 8. c. 28. supra. But

by

This clause seems to refer to the 25 Hen. 8. c. 13. Eng. which restrained persons from taking more than 2 farms, and which also limited the number of sheep to be kept on such farms.

c. 6. Ir.

5 Geo. 3. c. 17.

corporeal hereditaments

for 3 lives,

or 21 years.

$. 2.

s. 5.

by s. 2. nothing herein shall enable any master and fellows, or other head and members of colleges or halls, deans and chapters, preceptors, prebendaries, masters and guardians of hospitals, or other ecclesiastical persons as aforesaid, to grant leases for any other terms than, by the local statutes of their several foundations, they are now enabled to do. And by s. 3. in case the rent reserved by leases, in pursuance of the several acts already in Action for ar- being, or by this present act, shall be unpaid by the space of 28 days after the days whereon the same is payable, it shall be lawful for such archbishop, &c. or their executors, administrators, and successors respectively, to bring actions of debt against the lessees, or their heirs, executors, administrators or assigns, for recovering the rent in arrear. To which there is no act corresponding in Ireland.

rears.

Bishops disa

bled to set leuses

or 3 lives.

1 Eliz. c. 19. s. 5. Eng.

2 Jac. 1. c. 3. Eng.

Next as to the disabling statutes: By the 1 Eliz. c. 19. for longer term S. 5. Eng. all gifts, grants, feoffments, fines, or other than 21 years, conveyance or estates, by any archbishop or bishop, of any lands, &c. being parcel of the possessions of his bishoprick, to any person (other than to the crown) whereby any estate may pass, other than for 21 years, or 3 lives, from such time as such lease, &c. shall begin, and whereupon the old accustomed yearly rent, or more, shall be reserved, shall be void. But the exception in this statute in favor of the crown, has been done away by the 2 Jac. 1. c. 3. Eng. which enacts that all grants, leases, charges, and conveyances, to the king, by any archbishop or bishop, of any of the possessions of such bishoprick, and every confirmation of the same, shall be void. 13 Eliz. c. 10. By the 13 Eliz, c. 10, s. 3, Eng. all leases, gifts, grants, s. 3. Eug, feoffments, conveyances, or estates, to be made by any Other ecclesias master and fellows of any college, dean and chapter of tical persons in like manner dis any cathedral or collegiate church, master or guardian of any hospital, (which by the 14 Eliz. c. 14. Eng. is declared to include all hospitals, maison dieus, bead houses, and other houses for relief of the poor) parson, vicar, or any other having any ecclesiastical living, of any lands, &c. being parcel of the possessions of such college, church, chapter, hospital, or spiritual promotion, other than for 21 years, or 3 lives, from the time that such

abled.

lease

acres.

S. 4.

Exceptions.

$. 5.

s. 19.

lease shall be granted, whereupon the accustomed yearly rent, or more, shall be reserved during the term, shall be void. But by s. 4. this act shall not make good any lease to be made by any college for more years than are limited by the private statutes of the college. And by s. 5. this act shall not extend to any lease to be made upon surrender of any lease heretofore made, or by reason of any covenant in any lease now continuing, so that the lease to be made do not contain more years than the residue of the years of the former lease, nor less rent than is reserved in such former lease. And the 14 Eliz. 14 Eliz. c. 11. c. 11. s. 17. Eng. recites this statute, and declares that s. 17. Eng. it shall not extend to any grant, assurance, or lease of Exception as to houses in any city, borough, or market town, or their sub- houses in torens. urbs, nor to any ground appertaining to such houses, so that such houses be not the dwelling houses used for the habitation of the said persons (mentioned in the 13 Eliz. c. 10.) nor have ground to the same belonging above 10 But by s. 19. no lease shall be made by force of this act in reversion, nor without reserving the accustomed yearly rent at the least, nor without charging the lessee with the reparations, nor for longer term than 40 years; nor shall any houses be permitted to be aliened, unless that in recompense thereof there shall be afore, or presently after such alienation, good assurance made in fee simple to such colleges, houses, bodies corporate, and their successors, of lands of as great yearly value. And the 13 Eliz. c. 10. is further explained by the 18 Eliz, 15 Eliz. c.11. c. 11. Eng. which enacts (s. 2.) that all leases to be made by any spiritual or collegiate persons of their spiritual or collegiate lands, &c. whereof any former lease is in being, not to be surrendered or ended within 3 years after making such new lease, shall be void,* And by s. 3. every bond or covenant for renewing or making any lease contrary to this act, or the 13 Eliz. c. 10. sha'l be void. With respect to college leases the 18 Eliz. c. 6. Eng, further provides that 18 Eliz. c. 6. no master, provost, president, warden, dean, governor, rector or chief ruler, of any college, cathedral church, Upon college

s. 2, Eng,

Eng.

8. 3.

leases 1-3d part hall of the rent

*The 13 Eliz. c. 20. Eng. together with all explanations, additions, and alterations thereof made by the 14 Elz, c. 11. 18 Eliz. c. 11. and 43 Eliz. r. 9. and the 3 Car. 1. c. 4. so far as it perpetuated them, are repealed by the 43 Geo; 3. c. 34. s. 10, E.

shall be reserved in corn.

hall or house of learning in the universities, nor any provost or other head officer of the colleges of Winchester or Eton, nor the corporation of any of them, shall make any lease for life or years of their lands or other hereditaments to which any tithes, arable land, meadow, or pasture, shall appertain, except 1-3d of the old rent be reserved in corn, viz. in good wheat, after 6s. 8d. the quarter or under, and good malt at 5s. the quarter or under, to be delivered yearly at the said colleges, &c. and for default thereof to pay to the said colleges, &c. in ready money, at the election of the lessees, after the rate of the best wheat and malt in the market of Cambridge, for the rents there; and in the market of Oxford for the rents there; and in the market of Winchester for the rents there; and in the market of Windsor for the rents to be paid to the houses at Eton; sold the next market day before the rent shall be due, without fraud. And all leases otherwise to be made, and all collateral bonds or assurances to the contrary, shall be void. The same wheat, malt, or money, to be expended to the relief of the commons and diet of the colleges, &c. only; and by no fraud let or sold away from the profit of the said colleges, &c. and the fellows and scholars in the same, and the use aforesaid; upon pain of deprivation of the governor and chief rulers of the said colleges, &c. and all other consenting. These several acts are explained and amended by the 40 Geo. 3. c. 41. Eng. which enacts (s. 1.) c. 41. s. 1. Eng that where any lands, &c. being parcel of the possessions of any archbishop, bishop, master and fellows, dean and the separated chapter, master or guardian of any hospital, or any permises of perific son, &c. having any ecclesiastical living or promotion, deemed to be the and having been anciently or accustomably demised, by

40 Geo. 3.

The several

rents reserved on

parts, shallbe

ancient rents.

one lease under one rent, or divers rents issuing out of the whole, are or shall be demised by several leases to one or several persons, under an apportioned or several rents; or where a part only of such lands, &c. shall be demised by a separate lease or leases, under a less rent than was accustomably reserved for the whole by such former lease, and the residue thereof is or shall be retained in the possession of the lessor or lessors; the rent

reserved