Tenants for tled to 1 Inst. 41 b. But not allowed to commit Waste. Lit. & 71. EVER SECTION 1. VERY tenant for years has incident to, and inseparable from his estate, unless restrained by special agreement, the same estovers, to which tenants for life are entitled. 2. But a tenant for years having an interest much inferior to an estate for life, has only a right to the temporary and annual profits of the land; and is therefore restrained, as well as tenant for life, from cutting down timber trees, or committing any other kind of waste. 3. Tenant for years is also punishable for permissive 1 Inst. 57 a. waste: he is therefore bound to keep all houses and other buildings upon the land in proper and tenantable repair, by keeping the roof in such a state as to prevent the rain from falling on the timbers. But Lord Coke says, if a house be ruinous at the time of Id. 54 b. 4. Lord Coke also says, if tenant for years builds 1 Inst. 53 a. a new house, it is waste; and if he suffers it to be The first of these propo builds a new 815. wasted, it is a new waste. sitions has been frequently contradicted. And Roll 2 Roll. Ab. lays it down, that if a lessee for years house upon the land, where there was not any before, this is not waste, for it was for the benefit of the lessor. 5. The statutes of Marlbridge and Gloucester Tit. 3. c. 2. extend to tenants for years: so that they are liable to the same actions, and the same penalties, for waste Attersol v. committed, as tenants for life are. 6. If a woman possessed of a term for years, takes husband, who commits waste, and the wife dies; the $28. Stevens, 1 Taunt. 183. husband shall be charged in an action of waste; 1 Inst. 54 a. because by the marriage he became entitled to the term. 7. It is enacted by the statute 11 Hen. VI. c. 5. that where a tenant for years assigns over his estate, and continues in the receipt of the profits, an action of waste shall lie against him. In a case upon this statute, in 36 Eliz., it was resolved, 1. That every Booth's Case, assignee of the first lessee, mediate or immediate, was 5 Rep. 77. within the act. For the statute was made to suppress fraud and deceit; therefore should be taken beneficially. 2. That the person in remainder was within the act, as well as the person in reversion; because in equal mischief. 8. Where there is tenant for years, remainder for Mollineux life, remainder in fee, and the tenant for years com- cited 3 P. v. Powell, mits waste; though the remainder-man for life can- Wms. 267. But must make an Entry. 51 b. 270 a. 14. No estate for years can be created at common law, without an actual entry made by the person to 1 Inst. 46 b. whom the land is demised. For although the grantor has done every thing necessary on his part to complete the contract, so that he can never after avoid it; yet till there is a transmutation of possession, by the actual entry of the lessee, it wants the chief mark and indication of his consent, without which it might be unwarrantable to adjudge him in actual possession, to all intents and purposes: for this reason the law does not cast the immediate and actual possession on him, till he enters; neither has the lessor a reversion to grant, till such entry. 1 Inst. 46 b. 15. Upon the execution of the lease, the lessee acquires an interest, called an interesse termini; which he may at any time reduce into possession, by an actual entry. This may be made, not only by the lessor himself, but, in case of his death, by his execu ́tors, or administrators. 16. It should however be observed, that in conseTit. 11. c. 4. quence of the operation of the statute of uses, an estate for years may now be created, without an entry. An Entry before the 17. If the lessee enters before the time when the Lease begins estate for years is to commence, it is a disseisin ; and ; is a Disseisin. no continuance of possession, after the commencement of the term, will purge it, or alter the estate of the lessee. Such entry of the lessee, before the commencement of the term, will not however devest, or turn such term to a right; so that the lessee of the term may still assign it over. Hennings v. 18. A. made a lease to B., on the 23d September, to hold to him for 21 years from Michaelmas following. The lessee entered before Michaelmas, and continued in possession for some years; then the lessor re-entered: the lessee being out of possession, assigned over the term to the plaintiff's lessor, who brought an ejectment. Judgement was given for the plaintiff; and the Court held, That the term not being to begin till Michaelmas, this was till then a future interest; that the lessee's entry before, was a disseisin, not a possession by virtue of the lease. 19. Where the commencement of an estate for Walter v. Champian, years is limited from a time past, and the lessee was Cro. Eliz. in possession prior to that period, it shall be intended 906. that he entered and occupied before, by agreement; therefore it is not a disseisin. Years may commence 20. An estate for years may be created to com- Estates for mence in futuro, though an estate of freehold cannot. For where an estate for years is created to commence in futuro. in futuro, the freehold is not thereby put in abeyance, but still continues in the lessor; so that he is capable of answering the præcipes of strangers, which may brought against him. And before the abolition of military tenures, he was liable to perform the services which were due for the feud. be 21. Where an estate for years is granted to com- And be asmence in futuro, it cannot of course be executed by signed before Entry. an immediate entry, as that would be a disseisin. It is therefore an interesse termini; but still the lessee ante, § 15. may assign it over : even if a stranger enters by wrong, yet such a grant will transfer the lessee's power of entry, and right of reducing the estate into possession. For till the entry of the lessee, the estate is not executed, but remains in the same plight as it was when the lease was made; so that no intermediate act, either of the lessor, or of a stranger, can devest or disturb it; because whoever comes to the possession, whether by right or by wrong, takes it subject to such future But must make an Entry. 51 b. 270 a. 14. No estate for years can be created at common law, without an actual entry made by the person to 1 Inst. 46 b. whom the land is demised. For although the grantor has done every thing necessary on his part to complete the contract, so that he can never after avoid it; yet till there is a transmutation of possession, by the actual entry of the lessee, it wants the chief mark and indication of his consent, without which it might be unwarrantable to adjudge him in actual possession, to all intents and purposes: for this reason the law does not cast the immediate and actual possession on him, till he enters; neither has the lessor a reversion to grant, till such entry. 1 Inst. 46 b. 15. Upon the execution of the lease, the lessee acquires an interest, called an interesse termini; which he may at any time reduce into possession, by an actual entry. This may be made, not only by the lessor himself, but, in case of his death, by his execu ́tors, or administrators. 16. It should however be observed, that in conseTit. 11. c. 4. quence of the operation of the statute of uses, an estate for years may now be created, without an entry. An Entry before the 17. If the lessee enters before the time when the Lease begins estate for years is to commence, it is a disseisin; and is a Disseisin. no continuance of possession, after the commencement of the term, will purge it, or alter the estate of the lessee. Such entry of the lessee, before the commencement of the term, will not however devest, or turn such term to a right; so that the lessee of the term may still assign it over. Hennings v. 18. A. made a lease to B., on the 23d September, to hold to him for 21 years from Michaelmas following. The lessee entered before Michaelmas, and |