And corporations aggregate might have made what eſtates they pleaſed, without the confirmation of any other perſon whatſoever. Whereas now, by ſeveral ſtatutes, this power where it was unreaſonable, and might be made an ill uſe of, is reſtrained; and, where in the other caſes the reſtraint by the common law ſeemed too hard, it is in ſome meaſure removed. The former ſtatutes are called the reſtraining, the latter the enabling ſtatute. We will take a view of them all, in order of time.
And, firſt, the enabling ſtatute, 32 Hen. VIII. c. 28. empowers three manner of perſons to make leaſes, to endure for three lives or one and twenty years, which could not do ſo before. As, firſt, tenant in tail, may by ſuch leaſes bind his iſſue in tail, but not thoſe in remainder or reverſion. Secondly, a huſband ſeiſed in right of his wife, in fee-ſimple or fee-tail, provided the wife joins in ſuch leaſe, may bind her and her heirs thereby. Laſtly, all perſons ſeiſed of an eſtate of fee-ſimple in right of their churches, except parſons and vicars, may (without the concurrence of any other perſon) bind their ſucceſſors. But then there muſt many requiſites be obſerved, which the ſtatute ſpecifies, otherwiſe ſuch leaſes are not binding[1]. 1. The leaſe muſt be by indenture; and not by deed poll, or by parol. 2. It muſt begin from the making, or day of the making, and not at any greater diſtance of time. 3. If there be any old leaſe in being, it muſt be firſt abſolutely ſurrendered, or be within a year of expiring. 4. It muſt be either for twenty one years, or three lives; and not for both. 5. It muſt not exceed the term of three lives, or twenty one years, but maybe for a ſhorter term. 6. It muſt be of corporeal hereditaments, and not of ſuch things as lie merely in grant; for no rent can be reſerved thereout by the common law, as the leſſor cannot reſort to them to diſtrein[2]. 7. It muſt be of
- ↑ Co. Litt. 44.
- ↑ But now by the ſtatute 5 Geo. III. c. 17. a leaſe of tithes or other incorporeal hereditaments, alone, may be granted by any biſhop or eccleſiaſtical or eleemoſynary corporation, and the ſucceſſor ſhall be intitled to recover the rent by an action of debt, which (in caſe of a freehold leaſe) he could not have brought at the common law.
