it was argued that the demise in the words of it was several; that the reservation of the several and respective ancient rents, for the several and respective messuages, &c., could not mean any thing but such rent for each tenement as was anciently reserved for the same; and it would be difficult to use plainer and stronger words to import the meaning. That the words yielding therefore must be understood reddendo singula singulis: and which method of interpretation the law prescribes in many instances, not so strong as this. So that as to those parts of the estate demised, if there was any which had no ancient rent, no rent was reserved by this reservation; and consequently as to those the power was not executed. On the other side it was insisted, that as to the lease upon which the rent reserved was mentioned to be the most improved rent, this reservation was plainly void, for the absolute uncertainty of it; consequently that lease was not warranted by the power, and was accordingly given up at the hearing. And as to the other lease, under the several and respective old and accustomed rents reserved and payable for the said premises; this was also void, as against the remainderman, and not warranted by the power; because there being many farms, and a great estate within this one lease, some let at the ancient rents, and some not, it would put insuperable difficulties upon the remainder-man, to recover his rent; he must be so lucky as to point out what was the old rent, for what and for how much land it was paid, and at what times payable; and if the tenant could prove that a different rent was paid for the land, or that any other land was comprised in the lease, or that the rent was formerly payable at any other day, the remainder-man could not recover; but instead of recovering the rent, must from time to time pay him costs: whereas it was intended that the remainder-man should have as plain, certain, and easy a remedy for his rent, as other Cumberford's case, ante, § 13. Talbot v. Tipper, Skin, 427. What is the best rent, landlords have. But upon the lease in question it neither appeared what the rent was which the remainder-man was to have, nor for what estate the rent was to be paid, nor when or on what days it was to grow due; the lease giving the remainder-man no manner of light as to those particulars. That as these powers were generally reserved in all settlements, if so loose an exercise of them should be allowed to the tenant for life, it would introduce the greatest difficulties, and put the greatest hardships upon the persons claiming in remainder under such settlements; and by such a construction the tenants for life, by an uncertain, general, and short lease of the whole estate, which might be a rash and sudden act, and done with very little expense of money, time, or trouble, would be enabled to render the remainders, though settled on the highest considerations, of very little value; because the persons to whom such remainders belonged, would be in a great measure disabled from recovering any rent. After hearing the opinion of the Judges upon a question proposed to them-" Whether the power in the settlement to make leases was well executed," the decree was affirmed. 53. Where lands have never been leased, and a power is given to demise them, reserving such rent as was reserved for them within the two preceding years, a lease may be made of them, reserving any rent that the lessor pleases. 54. Where a power was given to a tenant for life to make leases, with fine or without fine, rendering such rents and services as he should think fit; and he made a lease without rendering any rent; the lease was held good. 55. In modern times it has been usual to require that the best and most improved rent be reserved. And it has been resolved that, in such a case, the cliffe, 10 East, best rent means the best rack rent that can reasonably Doe v. Rad 278. be required by a landlord; taking all the requisites of a good tenant, for the permanent benefit of the estate, into the account. reserved. case, 5 Rep. 3. 56. Where the power requires the ancient rent to How it is to be be reserved, it must be made payable at the same time, and in the same manner, as the former rent. Therefore the reservation of rent half yearly, where it Mountjoy's was formerly reserved quarterly, will make the lease 4th Resol. void; because it is ad nocumentum of the persons in remainder, it being more profitable for them to have it paid quarterly, than half yearly; and all the beneficial qualities of the rent ought to be preserved. Doe v. Wilson, 5 Barn. & Ald. 363. 57. The rent must also issue out of the same land. Therefore it was resolved in Mountjoy's case, that if two several farms, which had formerly been demised separately, were included in the same lease, reserving one rent, though equal to the two ancient rents; or if part of a farm was let, reserving a rent, pro rata; it would be void. And the stat. 39 & 40 Ante, c. 5. Geo. III. c. 41. does not extend to this case. 58. An improvement in the estate will not be considered such an alteration as to vary the rent, by making it issue out of other hereditaments than those contained in the power. 1 Leon. 147. 59. Thus, where a tenant for life, with power to Read v. Nash, make leases, reserving the ancient rent, having built a new house upon the land, made a lease, reserving the ancient rent; it was contended, that this could not be said to be the ancient rent, because part of it issued out of the new house; but the Court held the rent to be well reserved. 60. The rent must also be reserved in such a * In the above case of Doe v. Wilson, the Court of King's Bench determined in opposition to the resolution in Mountjoy's case, considering that, in that case, it was not necessary to decide the point; and they held that, under a power in the Earl of Shrewsbury's Act, to grant leases, reserving the usual and accustomed rents, the lands might be divided, and rents reserved pro ratá. VI. As to the clauses and covenants. Cardigan v. Montague, cited 1 Burr. 122. Sugden on 1 Burr. 125. Doe v. Smith, 1 Taunt. & Brod. 97. manner, that all the persons in remainder, claiming under the settlement by which the power was created, may be enabled to compel payment thereof. 61. The sixth restriction, usually inserted in powers of leasing, relates to the clauses and covenants directed to be inserted in such leases. And it is a general rule, that all those clauses, reservations, and covenants required by the power, must be inserted; otherwise the lease will be void against the remaindermen, and the reversioner. 62. The Duke of Montague was tenant for life, with power to lease, reserving the ancient usual and accustomed rents, heriots, boons, and services. In the former leases the tenants covenanted to keep in repair; and that covenant was omitted.-Lord Hardwicke was of opinion that the covenant was a boon, and beneficial to the remainder-man, and held the leases void for want of it: he took some days to consider, and declared he was clear upon the argument, but took time because there was no case in point. The more he thought of it, the more he was convinced. The principle he rested upon was, that the estate must come to the remainder-man in as beneficial a manner as the ancient owners held it. 63. The omission of a covenant for payment of rent will also vitiate a lease made under a power. For a mere reservation of rent does not make it payable till entry, and therefore it in fact may not be payable during the term; besides, if there be no covenant to pay the rent, the lease may be assigned to a succession of beggars. And the omission of a clause of re-entry will also invalidate a lease of this kind; for if such a clause be not inserted, the ground may be unoccupied, without a sufficient distress upon it; so that the remainder-man can neither have his rent, nor his land. 64. It has been determined by the Exchequer Chamber, in a late case, that where a power required, in the leases to be made under it, a proviso for re-entry on non-payment of the rent, the power was not well pursued by a proviso of re-entry, if the rent was in arrear for fifteen days. But this judgment was reversed in 1821 by the House of Lords. 65. As the omission of a usual covenant will vacate a lease, so the introduction of an unusual covenant, on the part of the lessor, will have the same effect. 66. A person having a leasing power, reserving usual and reasonable covenants, demised a house, with a covenant, that in case the premises should be blown down, or burned, the lessor or his assigns, or the persons who for the time being should be entitled to the inheritance, should rebuild them, otherwise the rent should cease. The jury found, that this was an unusual and unheard-of covenant, on the part of the lessor; and it was adjudged, that the lease was void. 67. If, however, the covenants in a lease made under a power, be upon the whole such as place the parties upon the same footing as under former leases, their differing in trifling circumstances, will not invalidate the lease. 68. In the case of Goodtitle v. Funucan, it was Ante, § 39. objected that the covenants were not so beneficial to the remainder-man, as those in the ancient leases; by one of which the tenant covenanted to pay half the land tax, and by the other, the lessor covenanted to free the tenant from tithes, and all church dues: whereas, in the former leases, the tenants covenanted to pay all duties and taxes, except the land tax. Church dues were by law particularly chargeable upon the occupier. The Court said, the power did not mention covenants; and that what was thrown on the landlord was compensated by what was paid by the tenant. veyances 69. It is laid down in Mildmay's case, that although In what cona power of leasing may be reserved in a declaration leasing powers of uses of a fine or recovery, yet that no such power may be incan be reserved in a bargain and sale, or covenant to 1 Rep. 176. Poph. 81. stand seised: for as uses may be raised on a fine or serted. |