premises, or the occupation of the whole, or of some part of a house by the family, clerks, or servants of the owner, or of a farm by his cattle, crops, or servants.

Occupation may be also divided into constructive and actual. It has been said that the meaning of the word "occupation" varies(0) according to the occasion or subject-matter. The term, "actual occupstion," pedis possessio, by an individual, applied to a house or farm, should, upon principle, be construed to mean, that such person had exclusive occupation in fact of the whole premises, as distinguished from a constructive occupation; and, therefore, that a person residing(p) in part of a dwelling-house, having let the rest in lodgings for a fixed term, could not be considered as the actual occupier of the whole house.

The entertainment of a guest at an inn, or the hiring(9) of a bed for a night, or for a week, is the occupation of the householder; but a part of the house let in lodgings, seems to be in the actual occupation of the lodger.

However, it has been decided(r), that the owner of a dwellinghouse residing in part, and letting the remainder to weekly lodgers, was to be deemed in the actual occupation of the whole house, within the meaning of the Reform Act(s), so as to entitle the proprietor to be registered as a voter, and to qualify him to swear to his actual occupation of the premises.

40. If a person enter upon, and continue in possession of land for the period(t) of twenty years, without any lease in writing, and without paying any rent, or acknowledging in writing the title of the lawful owner, after such lapse of time the possession cannot be recovered by ejectment or otherwise at the suit of the lawful owner, and his right becomes extinguished by force of the Statute of Limitations, unless preserved by reason of some disability.

West Riding, 1 Gale & Dav. 706, by
Patteson, Just. ; 2 Q. B. Rep. 505, S. C.

(0) The King v. St. Nicholas, Rochester, 5 B. & Adol. 226; 3 Nev. & M. 21; The King v. St. Nicholas, Colchester, 2 Ad. & Ell. 599; 4 Nev. & M. 422; The Queen v. Justices of the West Riding, 1 Gale & D. 706.

(p) The King v. St. Nicholas, Colchester, 2 Ad. & Ell. 599; 4 Nev. & M. 422.

(4) The King v. Inhabitants of St. Giles, 4 Ad. & Ell. 495; 6 Nev. & M.

5; Larkin v. Porter, 1 Huds. & Br. 425.

(r) Duigenan's case, Alc. Registry Cases, 114; Phillips's case, Alc. Reg. Cases, 20; 4 Law Rec. 36, 2nd series.

(s) 2 & 3 Will. IV. c. 88, s. 5, and the form of oath annexed, Irish.

(t) 3 & 4 Will. IV. c. 27, English and Irish; and see post, Book VI. c. 18; Nepean v. Doe dem. Knight, 2 Mees. & W. 894; Jack dem. Montmorency v. Walsh, 4 Irish Law Rep. 254; and see Doe dem. Harding v. Cooke, 7 Bing. 346; 5 Moo. & P. 181, S. C.

BOOK THE FIRST.

OF PERSONS COMPETENT TO DEMISE, AND THE EXTENT OF THEIR AUTHORITY.

1. TENANT in fee simple has the most extensive estate which a subject of this realm is capable of holding. He may grant leases for lives, or for years, at his discretion, and may bind himself and his heirs to renew such leases from time to time for ever, and the reversion, if not disposed of by him, will descend to such of his kindred as the law constitutes his heir.

2. A conveyance of lands by a person seised in fee to another and his heirs, reserving a perpetual rent, is usually (a) denominated a feefarm grant, and since the Statute of " Quia Emptores” (b) is, in point of law, an absolute sale of the inheritance, in consideration of which a perpetual rent is granted by the vendee, to be issuing out of the premises to the vendor and his heirs, constituting a rent-charge, if accompanied with a clause of distress.

3. Upon the settlement of the escheated counties in Ulster(c)

(a) See the reporter's note to Bradbury v. Wright, 2 Dougl. 627, note 1; and Hargr. note 235 to Co. Litt. 143, B. And see Stevelly . Murphy, 2 Irish Eq. Rep. 448.

(b) 18 Edw. I., Stat. 1, c. 1, Eng. & Irish.

(c) Armagh, Tyrone, Derry, Donegal, Fermanagh and Cavan.

during the reign of James I., the undertakers or settlers were expressly authorized by the articles of plantation(d) to erect manors, to hold courts baron, and to create tenures to hold of themselves upon the alienation of any part of their allotments, provided the part so alienated did not exceed a moiety of the grant. By the letters patent granted in pursuance of the articles, the several allotments of the English and Scottish undertakers, were constituted manors, and the patentees were expressly authorized to reserve tenures to hold of themselves, as of their respective manors, and they were bound to grant a certain proportion of their estates in fee-farm. Several Statutes(e) were afterwards passed for the confirmation of defective titles, enabling the undertakers to obtain the most ample and comprehensive ratifications of their previous grants, on taking out new patents for that purpose.

By the English Statute(ƒ) 16 Car. I. c. 33, it is enacted, that every person having an allotment, under that Act, of 1000 acres of land in Leinster, or 2000 acres in Connaught, or 1500 acres in Munster, or 3000 acres in Ulster, should have power for every such quantity to create a manor within the limits of such land, and to reserve tenures to hold of himself and his heirs, as of such manor; and that every such person should have full power to hold a court-leet and court-baron within the precincts of every such manor, and should enjoy all such royalties, franchises, fines, amercements, suits, services, and immunities as to view of frankpledge, or court-baron is usual, and also within each respective manor should enjoy all deodands, and felon's goods, together with all wayfes and strayes.

Grantees of manors in Ireland, who are empowered by their letters patent to reserve tenures to hold of themselves, have a right to grant lands in fee-farm, subject to a perpetual rent thereout as a rent-service, and the relation of landlord and tenant will subsist between the proprietors and their tenants holding in fee-farm.

A Court of Equity, either treating a fee-farm rent as a rentcharge(g), or considering the difficulties which the owner must encounter in proceeding for its recovery at law, will enforce its payment by the appointment of a receiver.

(d) See the conditions in Harris's Hibernica, 123, No. 11.

(e) 10 Car. I. c. 3, Irish; 10 Car. I. Sess. 3, c. 2, Irish; 10 Car. I. Sess. 3, c. 3, Irish; the latter Statute extends to plantations made by undertakers in Waterford, Cork, Limerick, Kerry, Tipperary, Wexford, Wicklow, King's County,

Queen's County, Westmeath, Leitrim,
Longford, Tyrone, Armagh, Donegal,
Fermanagh, Cavan and Derry.

(f) 16 Car. I. c. 33, s. 9, English, confirmed by the Irish Statute, 21 & 22 Geo. 3, c. 48.

(g) Stevelly v. Murphy, 2 Irish Eq. Rep. 448.

4. Tenant in tail may grant leases for lives, or for years, which by the common law will be valid for his own life, but will not bind either the issue in tail or reversioner(h). Such leases, however, are not absolutely determined by the death of the lessor, as they may be either affirmed, or avoided, upon his decease, at the discretion of the issue in tail; and being merely voidable, will be affirmed, if the issue in tail accept rent becoming due after the lessor's death; but being absolutely void against the remainder-man, or reversioner, will not be confirmed by his acceptance of rent, after the determination of the estate-tail.

5. So leases made by husband and wife jointly of lands(¿), of which the husband is seised in fee, or in fee-tail, in right of his wife, are, at common law, binding during his life, but after his decease may be affirmed or avoided by the wife, her issue, or her heirs; and acceptance of rent accruing due after the lessor's decease by the wife, her issue, or her heirs, will enure as a confirmation of the lease. It has been contended that a lease by the husband alone (j) of the wife's lands, is void against her, or those deriving under her, and incapable of confirmation by acceptance of rent; but as a lease made by the wife alone during coverture is void(k), there is no ground for any substantial distinction between a lease by husband and wife jointly, and by the husband alone. Chief Baron Gilbert considered it to be settled(), that a husband seised of lands in right of his wife, might demise by indenture, or by deed poll reserving rent, which would bind the wife, unless some act were done by her, after her husband's decease, showing dissent; but if she accepted rent accruing due after his death, the lease would be rendered absolute and unavoidable, and she would be liable to any covenants in the lease running with the land.

A lease by husband and wife of the wife's lands, even though no rent be reserved (m), will be valid during the coverture, and may be affirmed by the wife after her husband's death.

If a voidable lease be made by tenant in tail, or by a husband seised of an estate tail in right of his wife, although rent be received

(h) Bac. Abr. Leases, D. 1.

(1) Greenwood v. Tyber, Cro. Jac. 563, Palm. 29; Skipwith v. Steed, Cro. Eliz. 769; Doe dem. Collins v. Weller, 7 T. R. 478; Hill v. Saunders, 2 Bing. 112; 9 Moore, 238: 4 B. & Cress. 529; 7 D. & Ry. 17; Co. Litt. 45, B.

(j) Wotton v. Hele, 2 Saund. 180, note 9; 1 Roper, Husband & Wife, by Jacob, 94; Gardiner v. Norman, Cro.

Jac. 617; Miller c. Mainwaring, W.
Jones, 354.

(k) 5 Jarman's Conv. 239.

(1) Bac. Abr. Leases, c. 1; Bac. Abr. Baron and Feme, I.; 1 Prest. Abstr. 335; Jordan v. Wikes, Cro. Jac. 332; Dixon v. Harrison, Vaughan, 46.

(m) Jackson v. Mordant, Cro. Eliz. 112; Hutt. 102.

after the lessor's death by the person entitled to the next immediate estate, yet such acceptance will only ratify the lease during the continuance of the estate of the person receiving such rent, and will not bind the issue successively inheritable(n) to the entail. But if a husband be seised in fee in right of his wife, a voidable lease made by him will be absolutely confirmed to its full extent, if the wife after his death accept the reserved rent.

A parol demise by husband and wife, or by the husband alone of the wife's land, is absolutely void, and not merely voidable against the wife(o), or any persons deriving under her.

Where a demise is only voidable, the tenant cannot be treated as a trespasser, until he receives notice of the disaffirmance of the contract, by demand of the possession, or by some other unequivocal act of dissent.

6. By the Irish Statute(p), 10 Car. I. Sess. 3, c. 6, it is enacted, that all leases to be made of any lands or tenements, by writing indented under seal for term of years, or for term of life, by any person or persons being of the full age of twenty-one years, having any estate of inheritance, either in fee simple or in fee tail, in use or in possession, in their own right, or in the right of their wives, or jointly with their wives, of any estate of inheritance made before the coverture, or after, shall be good and effectual in the law against the lessors, their wives and heirs, and every of them.

Provided that this Act shall not extend to any leases to be made of any lands, or tenements being in the hands of any farmer, by virtue of any old lease, unless such old lease be expired, surrendered, or ended within one year next after the making such new lease: nor to any grant to be made of any reversion of any lands or tenements, nor to any lease of any lands or tenements which have not been most commonly letten to farm, or occupied by the farmers thereof, by the space of twenty years next before such lease thereof made, nor to any lease to be made without impeachment of waste: nor to any lease to be made above the number of one-and-forty years, or three lives, at the most, from the day of making thereof: and that upon every such lease there be reserved yearly, during the same lease, so much yearly rent, or more, as hath been most accustomably

(n) Bac. Abr. Leases, D. 1.

(0) Wassal v. Heath, Cro. Eliz. 650; Thetford v. Thetford, Savile, 111; Turney v. Turney, 1 Dyer, 91, B. pl. 12; Villers v. Beaumont, 2 Dyer, 146, A. pl. 68; Parry v. Hindle, 2 Taunt. 181, by

Lawrence, J.

(p) 10 Car. I. Sess. 3, c. 6, Irish. The English Statute, 32 Hen. VIII. c. 28, gives a similar leasing power for twentyone years or three lives.