66 unto, by the reason whereof all grantees of reversions be ex"cluded to have any entry or action against the said lessees, their "executors or assigns, which the lessors, before that time, might 66 by the law have had against the same lessees, for the breach of "any condition, covenant, or agreement, comprised in the inden"tures of their said leases:" and enacts, that all such grantees or assignees of reversions, and the heirs, executors, successors, and assigns of every of them," shall and may have and enjoy “like advantages against the lessees, their executors, adminis"trators, and assigns, by entry, for non-payment of the rent, or "for doing of waste, or other forfeiture; and also shall and may “have and enjoy all and every, such like, and the same advan"tage, benefit, remedies by action only, for not performing of "other conditions, covenants, and agreements contained and "expressed in the indentures of their said leases, against all and 66 every the said lessees, their executors, administrators, and as“signs, as the said lessors themselves, or their heirs or successors, "ought, should or might have had and enjoyed, at any time or "times." Sir Edward Coke's exposition of this statute includes the following resolutions, which the act has occasioned : "That where the statute speaks of grantees and assignees of "the reversion, that an assignee of part of the state of the rever❝sion may take advantage of the condition. As if lessee for life be, &c., and the reversion is granted for life, &c. So, if lessee "for years, &c., be, and the reversion is granted for years, the 86 grantee for years shall take benefit of the condition in respect "of this word (executors) in the act. 66 "That a grantee of part of the reversion shall not take advantage of the condition; as if the lease be of three acres, "reserving a rent upon condition, and the reversion is granted "of two acres, the rent shall be apportioned by the act of the "parties, but the condition is destroyed, for that it is entire and against common right. 66 66 "That in the king's case, the condition in that case is not destroyed, but remains still in the king. "Albeit the whole words of the statute be, for non-payment of "the rent, or for doing waste, or other forfeiture, yet the grantees or assignees shall not take benefit of every forfeiture, by force "of a condition, but only of such conditions as either are inci"dent to the reversion, as rent, or for the benefit of the state, as "for not doing of waste, for keeping the houses in reparations, "for making of fences, scouring of ditches, for preserving of woods, or such like, and not for the payment of any sum in 66° gross, delivery of corn, wood, or the like, so as other forfeiture "shall be taken for other forfeitures like to those examples "which were there put, (videlicet) of payment of rent, and not 'doing of waste, which are for the benefit of the reversion (v).” 66 SECTION XV. Ir a tenant conveys his estate to his immediate reversioner, the conveyance is called a surrender (a). As if A., seised in fee, leascs to B. for years, or for life, and B. grants his estate to A.; or if A., seised in fee, leases to B. for years, or for life, and then conveys his reversion to C. for life, remainder to D. in fee, and B. grants his estate to C., in these cases, B.'s conveyance is a surrender (1). A surrender may be made either by express words, which is called a surrender in deed, or by implication only, which is a surrender in law (b). (1) It may be observed, a tenant in tail cannot surrender his estate-tail. This disability arises from the construction, put on the statute de donis, in favour of the issue of the tenant (3 Prest. Conv. 342). It cannot be doubted, that, before that statute, a tenant in tail had the power to surrender his estate. I The following general observations occur relatively to a surrender in deed. The 3d section of the statute of frauds (c) require's the surrender to be in writing. It enacts, "That no 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 at any time be assigned, 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 and operation of law." But although writing is essential to the validity of a surrender, yet it is not necessary that the surrender should be made by deed (d); nor is livery of seisin necessary to surrender a freehold estate (e). (2). Generally speaking, he who surrenders an estate, must be a person legally capable, by the common law, to convey land (ƒ). But the statute 29 Geo. II. c. 31, has assisted the common law, in this respect, by enabling infants, lunatics, and femes-covert, to surrender leases for the purpose of renewal. It recites, "Whereas divers lands, tenements, and hereditaments have “been, and may be, granted by lease, for the life of one or more person or persons, or for terms of years, absolute or determina"ble upon the death of one or more person or persons, or "otherwise: And whereas in order to obtain a renewal of such "leases, it is, in many cases, necessary to surrender up the "estates thereby granted; which surrenders cannot be effectually "made by persons under the age of 21 years, nor lunatics, nor (c) 29 Ch. 2. C. 3 (d) Co. Litt. 338. a. (2) A surrender is an instance where, by the common law, the tenant to the præcipe might be changed, without the notoriety occasioned by the ceremony of livery of seisin. There would be no inconsistency in delivering seisin on a surrender. It is not on any principle derived from the nature of livery, that this ceremony is not required on a surrender, but the dispensing with it in this case seems referrible to usage alone. 66 .6 66 "by femes-covert, without levying a fine, to the manifest detri"ment of them and their families;" and enacts, by sections 1 and 3, “That in all cases where any person under the age of 21 "years, or any lunatic, or feme-covert, shall become interested "in or entitled to any lease or leases, to be made or granted by any person or persons, bodies politick, corporate, or collegiate, aggregate or sole, for the life or lives of one or more person or persons, or for any term of years either absolute or determinable upon the death of one or more person or persons, or otherwise, "it shall and may be lawful, for such person under the age of 21 years, or for his or her guardian or guardians, or other person "or persons on his or her behalf; and for such lunatic, or his or "her guardian or guardians, committee or committees of the "estate, or other person or persons on his or her behalf; or for "such feme-covert, or any other person or persons on her behalf; "to apply to the court of Chancery, the court of Exchequer, the "courts of equity of the counties palatine of Chester, Lancaster, ❝and Durham, or the courts of great session of the principality "of Wales respectively, by petition or motion in a summary way; "and by the order and direction of the said courts respectively, "made upon hearing all parties concerned, such person under "the age of 21 years, and such lunatic, or person or persons, appointed by the said courts respectively, and also such feme-covert, by deed or deeds only, without levying any fine, shall "and may be enabled, from time to time, to surrender such lease 66 or leases, and accept and take in the name, and for the benefit, "of such person under the age of 21 years, or lunatic, or feme"covert, one or more new lease or leases of the premises, comprised in such lease or leases, surrendered by virtue of this act, "for and during such number of lives, or for such term or terms "of years determinable upon such number of lives, or for such "term or terms of years absolute, as was or were mentioned or "contained in such lease or leases, so surrendered at the making "thereof respectively, or otherwise as the said courts shall respectively direct. 66 66 "That the respective leases, to be so renewed, shall operate, "and be to the same uses, and be liable to the same trusts, "charges, incumbrances, dispositions, devises, and conditions, as “ the leases, to be from time to time surrendered as aforesaid, were or would have been subject to, in case such surrender had "not been made." 66 66 Another useful statute may, in this place, be noticed, as connected with the law of surrender for the purpose of renewal. The 6th section of the 4 Geo. II. c.. . 28, recites, "And whereas many persons hold considerable estates by leases for lives or “ years, and lease out the same in parcels to several under-tenants. “And whereas many of these leases cannot by law be renewed, "without a surrender of all the under-leases derived out of the 66 66 66 ،، 66 same, so that it is in the power of any such under-tenants, to prevent or delay the renewing of the principal lease, by refusing "to surrender their under-leases, notwithstanding they have "covenanted so to do, to the great prejudice of their immediate "landlords the first lessees;" and enacts," That in case any "lease shall be duly surrendered, in order to be renewed, and a new lease made and executed by the chief landlord or landlords, the same new lease shall, without a surrender of all or ، any the under-leases, be as good and valid, to all intents and purposes, as if all the under-leases derived thereout, had been "likewise surrendered at or before the taking of such new lease; “ and all and every person and persons, in whom any estate for ،، life or lives, or for years, shall from time to time be vested, by ،، virtue of such new lease, and his, her, and their executors, and ،، administrators, shall be entitled to the rents, covenants, and "duties, and have like remedy for recovery thereof, and the "under-lessees shall hold and enjoy the messuages, lands, and ،، tenements, in the respective under-leases comprised, as if the original leases, out of which the respective under-leases are ،، derived, had been still kept on foot and continued, and the "chief landlord and landlords shall have, and be entitled to, such "and the same remedy, by distress, or entry, in and upon the "messuages, lands, tenements, and hereditaments, comprised in any such under-lease, for the rents and duties reserved by such 66 new lease, so far as the same exceed not the rents and duties "reserved in the lease, out of which such under-lease was derived, 66 ،، 66 66 |