vices, as in ploughing a certain number of acres of land, or in shearing all the sheep(7) depasturing within the lord's manor, or in supplying a certain number of men and horses, at stated times, for the landlord's benefit; but a person cannot reserve to himself parcel (m) of the annual natural profits of demised premises, such as the pasture, or herbage of the soil, or a right of common over the premises; for, as Lord Coke observes, such a reservation would be repugnant to the grant. Many Irish leases, in addition to the pecuniary return, contained a periodical reservation of cattle or poultry, or of a certain quantity of flax, or other goods(n) to be delivered to the lessor, which are usually termed duties, or accates.

If rent be reserved generally during the term, without specifying that it shall be paid at any stated (o) periods, a yearly reservation shall be implied, and the rent will not be payable until the end of each year. If rent be reserved, payable half-yearly, without naming(p) the gale-days, it shall be intended to commence from the making of the demise; but upon a question between landlord and tenant, whether rent be payable half-yearly or quarterly, evidence of the mode of payment(q) by other tenants of the lessor is inadmissible. Where rent is reserved payable at the two usual(r) feasts of the year, without mentioning any particular days, the law construes such payments to be made at Michaelmas and Lady-day, as being the gale-days usually inserted in leases, and that such rent shall be paid in equal portions half-yearly.

If a lease be made in the month of February, reserving a yearly rent payable half-yearly(s) at Michaelmas and Lady-day, during the term, the order of the gale-days shall be transposed, and though Michaelmas be the first gale-day mentioned, the first half-year's rent will become payable on Lady-day.

Under a lease dated the 8th of September, 1835, for seven years from that day, at a yearly rent payable quarterly, the first quarterly payment to be made on the 25th of March next ensuing, it was ruled(t)

(Year Book, 7 Edw. III. 38, pl. 44; Co. Litt. 96, A.

(m) Co. Litt. 142, A.; 2 Bro. Abr. 220, B., Reservation, pl. 46; The King v. The Abbess of Sion, Year Book, 38 Hen. VI. 38.

(n) See Pitcher v. Tovey, 4 Mod. 71. (0) Wentworth v. Abraham, Litt. Rep. 61; Smith v. Mapleback, 1 T. R. 445; Turner v. Allday, Tyrw. & Gr. 819.

(p) 2 Ro. Abr. 450, Reservation, M.

that only one quarter's rent became due on that day, and that the previous quarter's rent should be postponed until Christmas, 1842, after the expiration of the demise, and consequently that the lessor would lose his remedy by distress for the rent of that quarter, but retained his remedy on the contract.

By an underlease dated the 21st of March, 1828, certain premises were demised from the 25th day of the same month, for seven years thence next ensuing, wanting seven days(u), at a yearly rent, payable quarterly on every 25th of March, 24th of June, 29th of September, and 25th of December, commencing from the 25th of March, then instant, and the lessee covenanted for payment of the rent accordingly. The Court construed the covenant to be for payment of a before-hand rent, the first quarterly gale to be payable on the 25th of March, 1828, being the day of the commencement of the term, so that the whole rent, for the period of seven years, was payable within the term.

Rent may be reserved (v) payable in advance, and in such case a distress may be made for half-a-year's rent before(w) the termination of the current half-year, and the landlord may avow generally for taking such distress under the Irish(x) Statute, 25 Geo. II. c. 13, s. 4, and need not set out any title; but where it is intended that the rent should be reserved payable(y) beforehand, it ought to appear clearly that the payment in advance was to be made during the continuance of the demise, and not merely for the first half-year of the term.

Upon a lease for seven years, to commence from the 24th of January, at a rent payable quarterly on the feasts of Michaelmas, St. Thomas, Lady-day, and Midsummer, it was decided(2), that a declaration in debt for one year's rent, ending the 24th of December, could not be supported, because the rent ought to be computed according to the days of payment mentioned in the reservation, and the year's rent should therefore be stated to have accrued due on the 21st day of December, and not on the 24th according to the habendum.

In old leases, or those which are incorrectly drawn, the rent is sometimes made payable on the usual gale-days, or within a specified time afterwards: this mode of reservation gives the tenant his option(a) to pay the rent on either day, but being meant solely for his benefit,

(u) Hopkins v. Helmore, 3 Nev. & P. 453; 8 Ad. & Ell. 463, S. C.

(c) Cook v. Harris, 1 Ld. Raym. 367. (w) Charters v. Sherrock, Alc. & Nap. 17 and 506.

(r) 25 Geo. II. c. 13, s. 4, Irish; 11 Geo. II. c. 19, s. 22, English.

(y) Holland v. Palser, 2 Stark. N. P. C. 161.

(z) Tomkins v. Pinsent, 2 Ld. Raym. 819; 1 Salk. 141; 7 Mod. 96, S. C.

(a) Barwick v. Foster, Cro. Jac. 227233; Yelv. 167, S. C.; Horn v. Barber, Cro. Car. 421; Gilb. on Rents, 52.

the rent is not considered payable until the later period, and if the lessor be seised in fee, and die in the interval (b) between the two days, the rent will go to his heir, and not to his executor.

If rent be reserved half-yearly (c) or quarterly, every gale's rent forms a separate debt, and a distinct action will lie for its recovery.

8. Fealty is an incident inseparable(d) from the reversion, but the rent, though incident to, and presumed to be intended to accompany the reversion, may be severed from it. If rent be reserved by a lease generally(e), without specifying to whom it shall be paid, it will follow the nature of the lessor's reversion, and on his death will be carried over to the person who should have succeeded to the estate, if no lease had been made. So if a tenant in tail grant a lease for years, rendering rent to him and his heirs, the rent shall go on his decease(ƒ) to the heir in tail, along with the reversion: and if a tenant for life, with leasing power(g) demise, reserving rent to him, his heirs and assigns, the rent shall enure to the person for the time being entitled to the reversion. However, if rent be reserved (h) during the term, it shall go to the heir, executor, or assignee, who for the time being shall be owner of the reversion; and although the rent happen to be reserved by the lease erroneously, to an improper class of representatives, yet such inaccurate reservation will not cause the severance of the rent from the reversion.

In several early cases it was laid down, that if a person seised in fee made a lease rendering(i) rent to himself, or to the lessor and his assigns, or to him and his executors, and without reserving the rent during the term, the rent should cease on the death of the lessor within the term, and should not go to his heirs; but it seems probable that this doctrine, if brought under the consideration of any court of justice, would not(j) be followed.

If the reversion to which rent is incident be merged, or extinguished in a prior reversion, or remainder, not only the right to dis

(b) Glover v. Archer, 4 Leon. 247; Clun's case, 10 Rep. 127, A.; Clun v. Fisher, Cro. Jac. 309, S. C.

(c) Welbie v. Phillips, 2 Ventr. 129. (d) Co. Litt. 143, A.

(e) Sacheverell v. Froggatt, 1 Ventr. 161, by Lord Hale; 2 Saund. 371, note 7; Sury v. Brown, Latch, 99; Cole v. Sury, Latch, 264, S. C.

(f) See note, 115, to Co. Litt. 213, B. from Lord Nottingham's MSS.; Cother v. Merrick, Hardr. 89-95.

(g) Whitlock's case, 8 Rep. 71, A.;

Isherwood v. Oldknow, 3 M. & Selw. 382; Rogers v. Humphreys, 4 Ad. & Ell. 299; 5 Nev. & M. 511, S. C.

(h) Sacheverell v. Froggatt, 2 Saund. 367, A.; 1 Ventr. 148-161; 2 Lev. 13, S. C.; Constable's case, cited Cro. Car. 289.

(i) Wooton v. Edwin, 12 Rep. 36; Richmond v. Butcher, Cro. Eliz. 217; 2 Prest. Conv. 185.

(j) 4 Jarm. Conv. 328; Coote's L. and T. 129.

train(k), but the rent reserved by the underlease is destroyed, and the undertenant holds for the residue of his term, discharged from all the burthens annexed to his tenancy: but where a lease out of which underleases have been granted, is surrendered for the purpose of renewal, this extinguishment is prevented by the Irish Statute(1) 5 Geo. II. c. 4, s. 4.

9. It is a legal maxim, according to Lord Coke(m), that rent must be reserved to the person from whom the estate in the land moveth, and not to a stranger. If a husband seised of lands in his own right, make a lease reserving rent to him and his wife, and the survivor of them, though the wife survive, yet being a stranger(n) to the deed, she shall not have the rent; but if A and B by indenture demise lands in which A has no estate, reserving the rent to A, such reservation is good (o) by estoppel.

The principle that rent cannot be reserved to a stranger, does not imply that an annual sum cannot be made payable by a lease to a third person, but that a sum so reserved is merely a sum in gross, and not being annexed to the reversion, has not the qualities of a rent service. The grantee of such an annual sum, who is not a party to the deed, cannot enforce its payment(p), either by distress, or by action of debt or covenant; but if the lessee covenant with the lessor for payment of such annual sum to a stranger to the deed, an action will lie in the name of the lessor or covenantee, for breach of the covenant. Where a deed imports to be made between the persons who are named as executing the same, its immediate operation is to be confined to those persons(q) who are parties to it: no stranger to the deed can take under it, except by way of remainder, nor can any stranger sue upon any of the covenants it contains. Vincent Stuckey, by deed, agreed with(~) Nathaniel Pitts, to pay him an annuity of £500 during a term of twenty-one years, and in case of his death within the term, to pay the annuity to

(k) Ld. Treasurer v. Barton, Moor, 94; Webb v. Russell, 3 T. R. 402; Prest. Merger, 129; see post, title "Co

venants."

(5 Geo. II. c. 4, s. 4, Irish; 4 Geo. II. c. 28, s. 6, English.

(m) Co. Litt. 143, B.; Litt. s. 346; Ferrand v. Ramsey, 1 Leon. 268; Sacheverell v. Froggatt, 2 Saund. 370, N. 5; note, 115, to Co. Litt. 213, B., from Ld. Nottingham's MSS.; "Ceo est infallible et un undeniable ground, que rent ne poet estre reserve al un estranger;" par Dodderidge, Just., in Cole v. Sury, Latch, 267.

(n) 2 Ro. Abr. 447, Reservation, C. pl. 7, D. pl. 2; Bland v. Inman, Cro. Car. 288; W. Jones, 308; Gilb. Rents, 54.

(0) Sacheverell v. Froggatt, 2 Saund. 370, note 5.

(p) Deering v. Farrington, 1 Mod. 113; Ld. Southampton v. Brown, 6 B. & Cr. 718.

(9) Storer v. Gordon, 5 M. & Selw. 322; 1 Bro. Abr. 305, Estranger al fait, pl. 21.

(r) Barford v. Stuckey, 2 Brod. & B. 333; 5 Moore, 23, S. C.; Scudamore v. Vandenstene, 2 Inst. 673.

his child or children, equally, for the residue of the term after the decease of the grantee, an arrear of the annuity became due to his only child, and an action of debt being brought for its recovery in the name of the administrator of the deceased child, it was decided on demurrer, that the suit should have been instituted by the administrator of Nathaniel Pitts, and could not be sustained by the administrator of a person who was not a party to the contract. So Lord Eldon observed(s), there were some old cases, in which an action of covenant was permitted at the suit of the person for whose benefit the covenant was entered into with a third person, which, however, he apprehended were not then law.

If rent by its original reservation was annexed to the reversion, though afterwards severed from it, an action of debt lies for recovery of the rent by the assignee. A person seised of lands made a lease for years rendering rent, and then granted the rent(t) to a third person, but retained the reversion, and it was ruled that the assignee of the rent might recover in debt against the lessee, for though the privity of estate continued annexed to the reversion, yet the privity of contract was transferred.

10. If a landlord demise two closes for one rent, it is entire, although he afterwards in the lease explains that part of the rent is reserved in respect of one close, and part in respect of the other; but if part of the rent is reserved for one, and part for the other close, though the whole is comprised in one lease, the rents are separate. If a lease be made of several houses, or parcels of land, reserving a yearly rent of fifty pounds, that is to say, for one house or parcel of land twenty pounds, for another eighteen pounds, and for the residue of the houses or lands, twelve pounds, with a clause(u) of re-entry into all the premises for non-payment of any parcel of the rent: this reservation only constitutes one entire rent, because the specification of the value of each tenement cannot alter the nature of the rent: but a lease of three tenements, rendering for one tenement a rent of twenty pounds, for another eighteen pounds, and for the third twelve pounds, with a clause of reentry into all for the non-payment of any parcel of the rent, is in the nature of three distinct demises, with several(v) reservations of rent,

(s) Richardson, ex parte, 14 Vesey, 187; and see Pigott v. Thomson, 3 Bos. & P. 149, by Lord Alvanley, and the note annexed.

(t) Robins v. Cox, Thos. Raym. 11; 1 Lev. 22, S. C.; Allen v. Bryan, 5 B. & Cr. 512; Ards v. Watkins, Cro. Eliz.

637-651; Moor, 459; and see Witherhead v. Harrison, Thos. Jones, 2.

(u) Stukeley v. Butler, Hob. 168172; Knight's case, 5 Rep. 54, B.: Moor, 199; Gouldsb. 15, case 14; Gilb. Rents, 34.

(v) Tanfield v. Rogers, Cro. Eliz.