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pur

during the natural lives of, &c. To the use of the chaser, his heirs and assigns, for and during the na"tural lives, &c."

Some conveyancers omit the words " for and during "the natural," &c. either after the habendum, or after the use, but they seem proper to stand in both places. If leasehold lands are conveyed to A. B, his heirs and assigns, To the use of him, his heirs and assigns, for and during, &c., there is an apparent contradiction in the deed, the habendum importing a conveyance in fee, which is afterwards restrained by the limitation of a use pur autre vie and vice versa. If the words " for and during, " &c." are to be left out in either place, it seems proper to omit them after the use.

rent, &c.

The lands must be conveyed, subject to the payment The conveyof the rents, and the performance of the covenants of the ance must be subject to the lease. If a married woman has an interest, a fine sur payment of concessit must be levied, the vendor must covenant, that notwithstanding any act, &c. by him, the lease is valid; that he hath power to convey for and during the natural lives, &c.,-for peaceable enjoyment, and that free from incumbrances, except the rent and the covenants in the lease, and for further assurances.

be observed

If lands comprised in one lease are sold to two or Precautions to more purchasers, the same mode of conveyance must be where leaseadopted (regard being had to the different nature of the hold is sold in property) as has been already described with respect to the conveyance of freehold of inheritance.

There should, however, (and this observation applies as well to leasehold for years as leasehold for lives,) be an agreement inserted to obtain separate leases for each lot, under a reservation of certain parts of the entire annual rents, and the other usual agreements as to renewals

lots.

&c. in the mean time, till separate leases shall be obtained. It should also be stipulated, if separate leases are not to be applied for, or in case such application shall not be obtained, in what proportion the reserved rents, and fines of renewal, are to be paid; and that the new lives to be inserted shall be nominated by the purchasers in rotation, every nominee to be above such an age (suppose fifteen years), and under such an age (suppose twenty-five years), with an agreement, that in case the person to whom the right of nomination shall belong, shall, for the space of fourteen days after the dropping of a life, neglect or refuse to nominate a new life, such as before agreed upon, to be added to the two continuing lives, the right of nomination shall, on such renewal, devolve upon the person who is entitled to the next turn or right of nomination, and so on.

There should also be an agreement as to the person with whom, on every renewal, the lease should be deposited, which, where the shares are equal, may be with the person on whose nomination of a life the new lease shall be made, but the lease must be agreed to be produced to the other owners.

In cases where all the lands comprised in the lease are assessed together to parliamentary and parochial taxes, there should be an agreement in what proportion the assessments are to be paid.

On a purchase of leasehold for lives, where a previous application has been made to the bishop, &c., and his consent obtained to grant separate leases, the lands may be conveyed to trustees, " In trust as to the different lots "for the several purchasers, each lot being subject to "such a proportion of the reserved rent as may be agreed "on, with a clause that the subsisting leases shall be

"surrendered, To the intent that the bishop, &c. may "be enabled to regrant all the premises to the respective purchasers thereof, by such a number of leases in the "portions and shares, and subject to the rents, reserva"tions and agreements, before specified."

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CHAP. VII.

SEC. IV.

leasehold for

lives.

If leaseholds for lives are intended to be mortgaged at Mortgage of the time of the purchase, they may be conveyed, "In "trust out of the rents and profits of the premises, to 66 pay the rent reserved by the present lease, to perform "the covenants therein contained on the lessee's part (for these covenants may be to repair the premises), "and to renew the lease; and out of the rents and pro"fits, or by mortgage, to raise and pay the fine, fees and

66

expenses attending every renewal ; and, subject to these "trusts, the trustees to stand seised and interested of and "in the premises during the terms and interests granted "by the then subsisting and all future leases, In trust, "by mortgage or sale, to raise the mortgage-money and "interest at a given day, and, subject thereto, in trust "for the purchaser.'

Leaseholds for lives may be conveyed by feoffment Different or bargain and sale inrolled, as well as by lease and modes of conveying leaserelease, and they may also be demised for a term de- holds. terminable on the death of the ultimate survivor of the three lives named in the lease; but if it should be surrendered by the lessor the term would be at an end. Estates per autre vie, are, by the statute of frauds, made Leaseholds for deviseable by will, attested by three witnesses, and, if not lives devisable, and chargeable devised, are chargeable as assets by descent in the hands of as assets by the heir, if they shall come to him by special occupancy (that is, where the lease or grant is made to the lessee and his heirs); and in case there shall be no special occupant, (that is, where the lease is made to the lessee

descent.

CHAP. VII.

SEC. IV.

Leasehold for

lives not sub

only, without mentioning his heirs,) they shall go to the executors or administrators of the grantee, and shall be assets in their hands. Before this statute, if the grantee per autre vie, had died during the life of the cestui que vie, (or him for whose life the lands were holden,) they were subject to occupancy, or, in other words, to be seised by the first person who could enter. (1)

Leaseholds for lives not being estates of inheritance, ject to dower. are not subject to dower, nor to a tenantcy by the curtesy, neither are they within the statute de donis, and, therefore, not capable of being strictly entailed; but only limitations in the nature of estates tail can be made of them.

In limitations of leaseholds for lives, in the nature of estates tail, the heir in tail takes as special occupant. If property of this kind be conveyed or devised to a man, his executors, administrators and assigns, it will be considered as personal estate in him and go to his

executors.

(1) See also Statute 14 Geo. 2, c. 20, by which the surplus of the estates per antre vie, after payment of debts, is made distributive like a chattel.

CHAPTER VIII.

OF ASSIGNMENTS.

1. Of the assignment of long leaseholds on a sale
of them.

2. Of the assignment on sale of lands held by a lease
for years under ecclesiastical corporations.

3. Of the assignment of attendant terms.
4. Of the assignment of choses in action &c.

SECTION I.

Of the assignment of long leaseholds on a sale of them.

leaseholds.

The points to be attended to on behalf of the pur- Title to long chaser, as to the title to this kind of property, are, that the purchaser have delivered to him, or at least have the means of coming at, the original lease, that there have been a regular series of assignments or other transmissions of interests, by marriage, bankruptcy, &c.,—and that the administrations have been granted by the proper ecclesiastical courts.

It frequently happens, that the original lease, or Mode of prosome of the intermediate assignments of long lease- the original ceeding where hold, are lost or cannot be come at. In such cases, lease is lost.