life. dence. rent. Tenant for If a rent charge be granted by tenant for life, and remainder man in fee, a release to either enures for the benefit of the other, but a release to one tenant in common, does not operate for the benefit of his Parol evi- companion.(n) Where a written agreement is not sealed, parol evidence is admissible to show that by the term Lady-day contained therein, that the parties meant Old Lady-day. But parol evidence is not admissible to prove an additional rent payable by a tenant, beyond that expressed in the written agreement for a lease. (0) Where a tenant for life died at nine o'clock at night, on the twenty-ninth of September, it was held that he was not entitled Action for to a quarter's rent due on that day.(p) A landlord may bring his action for his rent, when the distress has not realised the amount due; and it is no answer to an action brought by landlord, that he has distrained goods for it, to the full value of the rent due, when he has sold them for a less sum, because if he has sold them at too low a price, the tenant may have his remedy by action.(g) A landlord cannot maintain an action of covenant for rent against the undertenant.(r) An action of debt may be brought against tenants for lives, for rent.(s) The assignee of a rent may maintain debt for arrears of the rent.(t) A joint tenant may receive the rent and give a discharge, which will be binding on his companions. (u) The survivor of tenants in common may sue for the whole rent, although the reservation be to the lessors, according to their respective interests. (v) If a tenant pays taxes which belonged to the landlord to pay, he should deduct or claim them at the next rent. (w) 1 Inst. 267. (b.) (0) Preston v. Merceau, 2 W. Black, 1249. Norris v. Harrison, 2 Madd., 268. Efford v. Burgess, 1 Moody and Rob. 23. Halford v. Hatch, 1 Dougl. 183. 8 Anne, c. 14, s. 4. Allen v. Bryan, 5 Barn. and Cres. 512. (u) Robinson v. Hoffman, 1 Moor. and Payn. 474. 4 Bing. 562. 3 Carr. and Payn. 234. (v) Wallace v. M'Laren, 1 Mood. and Rob. 516. (w) Saunderson v. Hanson, 3 Carr. and Payn. 314. For in a case where the tenant paid his rent without so doing, he could not recover.(x) And so if he neglect to deduct the land tax. (y) If the tenant make default in payment of the ground rent, and the same is paid by the occupier, it will operate as a discharge of the growing rent, as well as of the rent actually due.(z) Double rent may be recovered (in the same manner as single rent) against a tenant holding over after the expiration of his notice to quit, to be payable during his continuance afterwards in possession. (a) A notice by a tenant to quit upon a contingency, and he does not do so upon the contingency happening, is not liable to an action on the 11th G. 2 for double rent. (b) It appears the statute only applies to those cases where the tenant has the power of determining his tenancy by a notice to quit, and where he has actually given a valid notice sufficient to determine such tenancy. (c) A tenant is liable to double rent by holding over where the landlord gives notice to his tenant to quit, at the expiration of the lease. (d) A tenant for life or years, by holding over after his term has expired, and after demand made of the possession, and notice in writing given for delivering up possession, will be subject to double the yearly value of the premises, to be recovered by action of debt.(e) The statute 4 G. II., c. 28, does not apply to a weekly tenant. (f) The landlord, under this statute, may recover, in debt, double value against his tenant holding over after the expiration of the landlord's notice to quit.(g) But when the tenant holds over after the expiration of his term, he cannot, after recovering in ejectment, maintain his action for double value (z) Andrew v. Hancock, 1 Brod. and Bing. 37. 3 Moore, 278. (y) Fuller v. Abbott, 4 Taunt, 105. (2) Carter v. Carter, 5 Bing. 406. 2 Moor. and Payn. 723. (a) 11 G. II., c. 19, as to double rent being recovered. Farrance v. Elkington, 2 Camp. 591. Johnson v. Hudleston, 7 Dow. and Ryl. 411. 4 Barn. and Cres. 922. (d) Messenger v. Armstrong, 1 T. R. 53. 4 G. II., c. 28. s. 1. Lloyd v. Rosebee, 2 Camp. 453. (g) Soulsby v. Neving, 9 East. 310. under this statute.(h) The marriage of a woman will render it necessary to give notice to the husband previous to bringing action for double value.(i) Although the tenant may have attorned to the administratrix of an executor, it was decreed she must administer previous to bringing the action under this statute.() No arrears of rent can be recovered for more than six years.(k) (h) Wright v. Smith, 5 Esp. 203. (i) Lake v. Smith, 1 N. R. 174. (Tingrey v. Brown, 1 Bos. and Pul. 310. ASSIGNMENTS. cessary to THE operative words in an assignment (1) are, Words ne. "doth assign, transfer, and set over;"(m) but no constitute particular form of words is considered absolutely an assign necessary, provided the intention of the parties be sufficiently explained. ment. frauds. By the statute of frauds (n) it is enacted, that no Statute of leases, estates, or interests, either of freehold or terms of years, or any uncertain interest not being copyhold or customary interest, of, in, to, or out of, any messuages, manors, lands, tenements, or hereditaments, shall be signed, granted, or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting, or surrendering, the same, or their agents thereunto lawfully authorised, by writing, or by act, or operation of law. (0) signments Assignments are now generally appropriated to To what asthe transfer of chattels, either real or personal, or are approequitable interests.(p) priated. sary to make To make a man an assignee the legal estate must What neces be passed, as the mere transfer of an equitable in- an assignee, terest will not be sufficient. (q) (1) An assignment is defined to be the transfer or setting over to another of some right, title, or interest, comprising the whole term, estate, and interest, of the assignor.-2 Blk. Com. 326. And is now usually applied to an estate for life, or years, or equitable interests, or to the transfer of chattels, either real or personal.-Watk. Prin. chap. 9. (Assignment.) (m) In the assignment of chattels, the above words are usually preceded by the words, "bargained and sold." (a) 29 Chas. II., c. 3, s. 3. (o) The assignment of a parol lease, otherwise than by deed or note in writing, is void under this statute.-Botting v. Martin, 1 Camp. 318. But an assignment of a lease was held legal under the peculiar circumstances of the case, though neither sealed, delivered, nor stamped.-Beck d. Fry v. Phillips, 5 Burr. 2827. In this last case, the assignment was by endorsement, in these words: "I assign all my title" to, &c., for, &c., which, being a note in writing, was good according to the statute, and did not, prior to the act of 44 G. III., c. 98, require a stamp; but by the stamp act, 55 G. III., c. 184, a proper assignment stamp is rendered necessary. (P) 2 Black. 326. (4) There may be an assignee in deed, and an assignee in the law; he in deed is such a one as to whom a lease, estate, or interest, is assigned; he in law is such to whom the law so maketh without any appointment, as an executor is an assignee in law.-Dyer, fo. 6, n. 5. The differ encebetween underlease. By an assignment, the whole term is parted with; an assign- but if a part only be transferred, it is not properly ment and an an assignment, but an underlease; so that the distinction between an assignment and an underlease is, where the lessor parts with his whole interest, and where not, as in the latter case, it is an underlease, in the former, an assignment. Rent suffi out a consi It is not absolutely requisite that a consideration cient with- be expressed in an assignment; for, as the asderation to signee becomes liable to the payment of the rent signment. reserved by the lease, such liability is a sufficient consideration. make an as Covenants in an assignment. Covenants running with the land. Bankruptcy The covenants in an assignment of leasehold property, on the part of the assignor, usually are, that the indenture of lease is a good, valid, and effectual, lease and demise in the law of the premises; that he has power to assign the same; for the assignee to enter upon and quietly enjoy the premises; and that, free from all incumbrances, except the rents and covenants contained in the indenture of lease, on the tenant's or lessee's part thenceforth to be paid and performed; and for further assurance; and on the part of the assignee, that he will pay the rent, and perform the covenants and agreements in the indenture of lease reserved and contained, and to indemnify the assignor from any breach, neglect, or default, of or in payment, observance, or performance, of the same. If there be a covenant which runs with the land, the personal representatives will be liable to the covenants binding those who come in by act of law, as well those by the act of the parties; and, therefore, the executors or administrators of a lessee for years may, like any other assignees, assign the term, and divest themselves of all liability upon the privity of estate, but not upon the privity of contract.(r) Formerly, when a lessee had become bankrupt, and his estate had been transferred to assignees, he was still held liable on his covenant for rent, the (r) Auriol v. Mills, 4 Term Rep. 94. 1 H. B. 433. Esp. N. P. 201. |