reservation.-Orby v. Mohun, 3 Bro. Par. Cases, 248. S. C. Gilb. Eq. Rep. 45, 2 Vern. 531, 542. But a power to make leases is to be liberally construed. Right d. Basset v. Thomas, 3 Burr. 1441. 1 W. Black,

446.

The lease of a tenant for life, with power of leasing under certain Lease of teconditions, must be in strict conformity to these conditions; and if it nant for life vary from them in the interest demised, or the rent reserved, it cannot be with powers. supported against the remainder man.-Cavan (Countess of) v. Doe d. Pultney (in error), 6 Bro. P. C. 175. 5 T. R. 567. If a tenant for life with power to grant leases in possession for twenty-one years at the best rent, mortgage his life estate to trustees to pay an annuity for his life, and the surplus to himself, the power is not thereby extinguished, but he may still grant a lease agreeable to the terms thereof. Roe d. Hall v. Buckley, 1 Doug. 292.

Where a power of leasing was given to the father, tenant for life, and Father, teafter his decease to the son, tenant for life, and the son obtained a grant nant for life. from the father of his life estate (without noticing the power) subject to a certain rent, with a power of re-entry for non-payment, &c.; it was held

that the son during the lifetime of his father could not lease under the power. Coxe v. Day, 13 East. 118.

A lease to commence from the day of the date is a lease in reversion, In rever. and, therefore, not an execution of a power to grant leases in possession. sion. -Doe d. Bayutum v. Watton, Cowp. 189.

Under a power to lease in possession and not in reversion, a lease for years executed on the 29th March, to the then tenant in possession, habendum as to the arable from the 13th of February preceeding, and as to the pasture from the 5th of April then next, &c., under a yearly rent payable quarterly on the 10th July, 10th October, 10th January, and 10th of April, is void for the whole, though such lease were according to the custom of the country, and the same had been before granted by the person creating the power.-Doe d. Allen v. Callvert, 2 East. 376.

Under a power to demise for twenty-one years in possession, and not in To lease in reversion, a lease dated in fact on the 17th of February, 1802; habendum possession. from the 25th of March next ensuing the date thereof, is good if not executed and delivered till after the 25th of March, for it then takes effect as a lease in possession with reference back to the date actually expressed. -Doe d. Cox v. Day, 10 East 427.

One under a power to lease for twenty-one years in possession, but not Lease by fain reversion, granted a lease to his only daughter for twenty-one years, ther under a to commence from the day of the date; this was held to be a good lease. power to a -Pugh v. Leeds (Duke), Cowp. 714. (The word “from” may mean either daughter. inclusive or exclusive, according to the contest and subject matter; and the court will construe it so as to effectuate the deeds of parties, and not to destroy them.)

Where powers were given under a settlement to make leases of present Powers but not of future interest, and so as the same went with and were inci- under dent to the remainder and reversion, a lease with a reservation in execu- settlement. tion of these powers to the tenant in possession of the freehold, his heirs, and assigns, was held good, because "his heirs and assigns" meant those to whom the remainder and reversion would go under the settlement.Hotley v. Scott, Lofft. 316.

When there is a power to grant leases in possession, but not by way of A lease per reversion or interest, a lease per verba de præsenti is not contrary to the verba de power, although the estate at the time of granting the lease was held by præsenti. tenants at will or from year to year, if at the time they received directions from the grantor of the lease to pay their rent to the lessee.-Goodtitle d. Clarges . Funucan, 2 Doug. 565. Semble, that a lease under a power to lease in possession dated in March, to be held from Michaelmas, but not delivered till Michaelmas, is good.-Doe v. Roberts, 4 Doug. 306.

Under a power to trustees "to lease premises for a term not exceeding Lease by twenty-one years, and determinable as a former term of ninety-nine trustees unyears was determinable, as they should think proper," it was held that der a power. such a power authorised only a lease in possession and not in future; and as the trustees had let the premises for ten years determinable as in the original lease, and afterwards re-let them for the term of eleven years,

Land usu

said A. B., or the person or persons who for the time being shall be entitled to the said hereditaments and premises in reversion or remainder, the rent or sum of £, of lawful money of Great Britain, by four even and equal quarterly payments in each year, to be made, &c., at the end of each quarter day, computing the quarter from the execution of these presents, free and clear of and from all taxes, charges, rates, assessments and impositions whatsoever, parliamentary, parochial or otherwise. now or at any time hereafter during the said term hereby granted, to be taxed, charged, assessed or imposed upon, for, or in respect of, the said hereby demised premises, or any part thereof, or for, or in respect of the said yearly rent of £, or any part thereof, or for, or on account, or in respect of any matter, cause, or thing, whatsoever; the first payment of the said yearly rent or sum of £, to become due or to be made at the end of the first quarter next ensuing the execution of these presents.

before the expiration of the ten years' lease; that the second lease was void and a bad execution of the power.-Shaw v. Summers, 3 Moore 196. As before observed, leasing powers are to be liberally construed, and ally demised therefore land settled for years, determinable on lives by a family settlement, shall be said to have been thereby usually demised.-Right 4 Basset v. Thomas, W. Black. 446. 3 Burr. 144.

What lands may be let.

Rent generally to be reserved.

Best rent.

Ancient rent

Reservation.

Under a power to lease all manors, messuages, lands, &c., s0 28 there be reserved as much rent as is now paid for the same; such part of the estate enumerated in the power as may have never been demised may be let.-Goodtitle d. Clarges v. Funucan, 2 Doug, 565.

Under the settlement of an estate with a power to the tenant in pessession, to let all or any part of the premises, so as the usual rents be reserved. A lease of tithes which had never been let before was held void. -Pomery v. Partington, S. T. K. 665.

In a lease of lands for which the lessor is bound to reserve the best rent which can be got, he must reserve the best rent which can be got at the time the lease is made, without any regard to a former lease in which the rent might have been fairly reserved, on account of money to be expended in improvements.-Doe d. Grifiths v. Lloyd, 3 Esp. 78.

Under a power to demise certain lands, reserving the ancient rent, a demise made of those lands jointly with others at an entire rent is voidDoe d. Williams v. Matthews, 2 Nev. & M. 264.

Whether the best rent has been reserved upon a demise made under a leasing power, is a question for a jury, and evidence is admissable to show that the best rent has, in fact, been reserved, although the leasing power also requires that no premium be taken, and the lease which is stated to be in consideration of the rent and covenants, contains a corenant by the lessee, to maintain three adult children of the lessor, the donee of the power, for a small annual sum, and another adult child for nothing. Doe d. Rogers v. Rogers, 2 Nev. & M. 550.

(3.)

Reddendum of an additional Rent for every Acre dug up for Bricks, &c.

earth for

potter's clay.

AND also yielding and paying therefore, yearly Rent for and every year, during the term hereby granted, digging unto the said A. B., his executors, adminis- bricks or trators or assigns, the sum of £ —, for every acre of the said demised land or ground, which he, the said C. D., his executors, administrators, or assigns, shall, during the said term, dig or break up, or cause, or procure to be dug or broken up for sand, gravel, clay, loam, brick earth or potter's earth, or clay or tile clay, or permit or suffer bricks, pots, or tiles, to be made thereon, or any part thereof, and so in proportion for a greater or less quantity than an acre, by even and equal portions, on the days and times hereinbefore limited and appointed for payment of the herein before reserved rent, the first payment thereof to begin and be made on such of the said days, as shall first happen after the digging or breaking up of the said land, or any part thereof, for sand, gravel, clay, loam, brick earth, potter's earth, clay or tile clay, or permitting or or permit suffering bricks, pots, or tile, to be made thereon, or to be made, on any part thereof, save and except so much of the &c. said land as may from time to time, during the said term, be dug or broken for the purpose of making wells or sewers for any messuage or tenement which may be erected thereon, or for making foundations to any erections or buildings which may be erected or built thereon, or on any part thereof. (4.)

A second Reddendum in a Lease of a House, reserving a Rent for Trades carried on.

ting bricks

AND in case the said A. B., his executors, ad- Further rent for carrying ministrators, or assigns, or any of them, shall at on certain any time or times during the said term hereby trades. granted, use or follow, exercise or carry on, or to p. 702.) cause, permit or suffer to be used or carried on,

(See note (v)

484,543,599,

658.

See pp. 481, in or upon the premises hereby demised, or any part thereof, the trade or business of a soap-maker or soap-boiler, tobacco pipe maker or burner, waxchandler or tallow-chandler, goldbeater, brazier, pewterer, ironmonger, smith, blacksmith, farrier, tanner, fellmonger, currier, leather-dresser or cutter, shoemaker, dyer, scourer, weaver, fishmonger, butcher, tripe boiler or seller, baker, victualler, sugar-baker, or chymist, or use, or permit, or suffer the said premises, or any part thereof, to be used as or for a slaughter-house, a house for melting of tallow, common brewhouse or distillery, chandler's shop, glass house, or for a laystall, or for making or burning bricks, tiles, lime, or bones, or for making any auction or sale therein, or for any other act, trade, or business, whatsoever, without the license or consent in writing for such purpose, first had and obtained under the hands and seals of the said C. D. and E. F., their executors, Reddendum administrators, or assigns, THEN likewise yielding and paying during such time as the said demised premises, or any part thereof, shall be so inhabited, used, or occupied, over and above the said yearly rent hereinbefore reserved unto the said C. D. and E. F., their executors, administrators and assigns, the further yearly rent or sum of £———, of like lawful money of Great Britain, to be paid and payable tax free and quarterly, by equal portions, on the same quarterly days and times in every year as are hereinbefore mentioned for payment of the yearly rent hereinbefore reserved, the first quarterly payment thereof to become due and be made on such of the before mentioned quarterly days as shall next happen, after all or any part of the said demised premises shall be so inhabited, used, or occupied, as aforesaid.

part.

Reservation

of a propor.

(5.)

Reddendum in a Lease for Years, determinable on the Death of a Person.

And in case the said A. B. shall die on any other tionable part day than one of the said days of payment, then also

the quarter

lessor's

yielding and paying unto, &c., a proportionable of rent from part of the said rent, for such time as shall elapse day after between the day of the decease of the said A. B., les and such of the said days of payment as shall happen next before his decease, the first payment of the said yearly rent to become due and be made on the, &c., now next ensuing the date of these presents, and the proportionable part of the said rent, which shall become due on the decease of the said A. B., to be due and be made immediately upon or after his decease, and demand made thereof.

(6.)

Reddendum of monthly Account of Coals landed on Premises, and rendering one eighth of same, or one eighth part of Moneys to be produced thereby.

count of coals landed.

eighth part

YIELDING and rendering therefore monthly, and Monthly acevery month, on the first Thursday, if required, in every month, during the continuance of this demise, unto the said A. B., his heirs, executors, administrators, or assigns, [and also to the proprietors of the other undivided moiety of the said lands and premises, if demanded,] a true and perfect account in writing of all the coals dug and landed by virtue of these presents. AND ALSO yielding and And renderrendering monthly, and every month, or when de- ing one manded, during the continuance of this demise, to of coals the said A. B., his heirs, executors, administrators, landed, or or assigns, one full eighth part of the moiety of of money the coals to be landed on the said premises, the the sale. whole into eight equal parts to be divided, free worked, dug up, wrought, or landed; OR, in lieu thereof, one full eighth part of all the moneys which shall be received by sale of the same coal, the whole into eight equal parts to be divided, at the choice and election of the said A. B., his heirs, executors, administrators, and assigns.

one eighth

arising from