Bac Abr.ut ante. Ibid. Cro, Jac. 91. revoke or cancel his will, and fo deftroy that devise; and therefore fuch devise not taking effect to any purpose till his death, comes too late to prevent the survivorship, which being the elder title, shall be preferred, and shut out the devife. So all grants or charges by one joint-tenant out of the land, fall off with his life, and cannot affect the furvivor, because they being no immediate difpofition of the Jand itself, that comes whole and entire to the furvivor under the first title, and by confequence over-reaches all intermediate charges or grants thereout by the other jointtenant who is dead. But if one joint-tenant grant the vefture or herbage of the land for years, and dies, this shall bind the furvivor; fo if two joint-tenants are of a water, and one grants a separate pifcary for years and dies, this fhall bind the furvivor; because in these cafes the grant of the one joint-tenant gives an immediate intereft in the thing itself whereof they are joint-tenants. If two joint-tenants for life are, and one of them makes a leafe for years of his moiety, either to begin presently or after his death, and dies, this leafe is good, and binding against the survivor; the reason whereof is, that notwithftanding the leafe for years, the joint-tenancy in the freehold ftill continues, and in that they have a mutual intereft in each other's life, fo that the estate in the whole or any part is not to determine or revert to the leffor till both are dead, for the life of one as well as the other was at first made the measure of the eftate granted out by the leffor, and therefore so long as either of them lives, if the joint-tenancy continues, he is not to come into poffeffion.-Now these joint-tenants having a reciprocal intereft in each other's life, when one of them makes a leafe for years of his moiety, this does not depend for its continuance on his life only, but on his life and the life of the other joint-tenant, whichfoever of them fhall live longest, according to the na ture and continuance of the estate whereont it was derived; and then, fo long as that continues, fo long the lease holds good, and by confequence fuch leffee fhall hold out the furviving joint-tenant and the reverfioner, till the estate, whereout this lease was derived, be fully determined. But But if a rent were reserved on such lease, this is deter- Bac. Abr.ut anti mined and gone by the death of the leffor: for the survivor cannot have it, because he comes in by title paramount the leafe, and the heirs of the leffor have no title to it, because they have no reversion or intereft in the land; but quare if the executors or adminiftrators cannot maintain an action of debt or covenant, either upon the covenant in law, or express covenant, for the payment of the money if there be any? This remedy is now given to the reprefentatives of fuch a leffor; for by ftatute 11 G. 2. c. 19. s. 15. the executors or adminiftrators of tenant for life fhall, on his death, recover of the leffee a rateable proportion of the rent from the last day of payment to the death of fuch leffor. 377. A. and B. being joint-tenants for life, a leafe made by A. Cro. Jac. 92, of the moiety to have and hold after the death of B. for fixty years, if A. fo long live, and of the other moiety to have and hold after the death of A. for fixty years, if B. fo long live, and A. dies, B. furviving, is bad for both moieties: for, by the first words it was a good leafe from A. of his part, upon the contingency of his furviving B. but that never happened, and as to B.'s part, A. had no power to lease or contract for it during the life of B. though he had happened after to furvive him, for it was but a bare poffibility, which could not be leafed or contracted for, and therefore the leafe was void in the whole. So, if one joint-tenant make a leafe for years," if he Ibid. 377. "and his companion live fo long," and afterwards furrender his moiety, and take back another eftate, the leafe determines by the death of either of them: for it hath no connuance longer than the jointure continues, which is fevered by the furrender, a new eftate being taken. Tenants in common cannot make a joint lease. But if Com Dig. tit. Eftates (K. 8.) two tenants in common of lands join in a lease for years, Bac. Abr. tit. by indenture, of their feveral lands, this fhall be the leafe of Joint-Tenants. and Tenants in each for their respective parts, and the crofs confirmation commou,(H.1.) of each for the part of the other, and no eftoppel on either part, because an actual interest passes from each respectively, and that excludes the neceffity of an eftoppel, which is neyer admitted, if by any conftruction it can be avoided, as Ibid. tit. Leafes (I. 5.) Com. Dig. tit. Com. Dig. tit. (A. 3.) being one of thofe things which the law looks upon as odious, because it chokes and difguifes the truth. If one joint-tenant or tenant in common makes a leafe for years of his part to his companion, this is good; for this only gives him a right of taking the whole profits, when before he had but a right to the moiety thereof; and he may contract with his companion for that purpose, as well as he may with a ftranger. If joint-tenants join in a leafe, this fhall be but one leafe, for they have but one freehold; but if tenants in common join in a leafe, it fhall be feveral leafes of their feveral interefts. SECTION XVIII. Of Leafes by Parceners. Parceners, (as they are called, by abbreviating the term Parceners (A.1.) co-parceners) are, where tenant in fee, or tail dies, leaving feveral daughters and no fons; or feveral fifters and no if fue, or brothers; or feveral aunts, &c. the lands defcend among all the daughters, fifters, aunts, &c. who make but one heir. Therefore, if B. leafes, rendering 2 s. rent, and if he dies, his heir being within full age, then 20s. if B. die leaving two daughters, the one within age, the other of full age, the 20s. rent is not due; for his heir was not within age, both the daughters being but one heir, and one being of full age. Bull. N. P. 107. 2 Blom. Com. 182. Ibid. 183. Co. Lit. 48. 1. 5. Parceners fland upon the fame foundation as joint-tenants, who are seised per my et per tout, that is by the half or moiety, and by all, each of them having the entire poffeffion as well of every part, as of the whole, and therefore, each may be faid to demife the whole: and fuch is the cafe with refpect to parceners, who, though they have an unity, have not an entirety of intereft, but are properly entitled each to the whole of a diftin&t moiety, wherefore there is no survivorship among them; for like joint-tenants, they have the fame unities of intereft, title, and poffeffion; and may fue and be fued jointly for matters relating to their own lands. If parceners be of two acres, and one leafes one acres which on writ of partition is allotted to the other, the lease is wholly avoided. SECTION SECTION XIX. Of Leafes by a Bailiff of a Manor, A bailiff of a manór cannot, by virtue of his office, make leafes for years; for his bufinefs is only to collect rents, gather the fines, look after the forfeitures, and such like: but he hath no eftate or intereft in the manor itself, and therefore cannot contract for any certain intereft thereout. But the lord of the manor may give him a fpecial power to make leafes for years, as he may do to any ftranger, and then fuch leafes, if they are pursuant to the power, and made in the name of the lord, will be as good as leases by the lord himself; for the bailiff, though he hath fuch power, cannot make them in his own name. Bac. Abr. tit. Leafes (I. 8.) But a general bailiff of a manor may make leases at will, Ibid. without any special authority, because, being to colle& and answer the rents of the manor to his lord, if he could not let leases at will, the lord might fuftain great prejudice by absence, sickness, or other incapacity to make leases when any of the former leafes were expired; and fuch leafes at will are for the benefit of the lord, and can be no ways prejudicial to him, because he may determine his will when he thinks fit. This however may now be queftioned; for fince tenancies at will are conftrued to be tenancies from year to year, and half a year's notice to quit is required, before a tenant can be oufted, fuch tenancies might prove very prejudicial to the lord's intereft. A tenant put in by a bailiff, without any special authority, would, it is conceived, like any tenant continuing when his term had expired, be deemed a tenant at fufferance, who has but a bare poffeffion and no right; and as the lord might turn him out when he pleased, he would have the fame exemption from being prejudiced as formerly. ante. But if the bailiff of a manor hath a special power to make Bac. Abr.us leafes for years, as he ought to make them in the name of his mafter, fo they ought to be made in writing, that the authority may appear to be pursued; a parol leafe fuch baliff has no power to make. SECTION Bac. Abr. tit. SECTION XX. Of Leafes purfuant to Authority. If one hath power, by virtue of a letter of attorney, to Leafes, (I. 10) make leafes for years generally by indenture, the attorney Ibid. ought to make them in the name and ftyle of his master, and not in his own name; for the letter of attorney gives him no intereft or estate in the lands, but only an authority to supply the absence of his mafter by ftanding in his ftead, which he can no other wife do than by ufing his name, and making them juft in the fame manner and style as his mafter would do if he were prefent. If he should make them in his own name, though he added alfo "by virtue of the letter "of attorney to him made for that purpose," yet fuch leases seem to be void, becaufe the indenture being made in his name, muft pafs the intereft and leafe from him, or it ean pass it from nobody: it cannot pafs it from the mafter immediately, because he is no party, and it cannot pass it from the attorney at all, because he has nothing in the lands; and then his adding, " by virtue of the letter of attor"ney," will not help it, because that letter of attorney made over no eftate or intereft in the land to him, and confequently he cannot, by virtue thereof, convey over any to another. Neither can fuch intereft pafs from the mafter immediately, or through the attorney; for then the fame indenture must have this ftrange effect at one and the fame instant, first to draw out the intereft from the mafter to the attor. ney, and from the attorney to the leffee, which it certainly cannot do, and therefore all fuch leafes made in that man 1 Ld Ray. 1418. ner, feem to be abfolutely void, and not good, even by eftoppel against the attorney, because they pretend to be made not in his own name abfolutely, but in the name of another, by virtue of an authority which is not pursued. Bac.on Lea. 142. This cafe therefore of making leafes by a letter of attorney, seems to differ from that of a furrender of a copyhold, or of livery of seifin of a freehold by letter of attorney; for in those cafes when they fay, "we A. and B. as "attornies of C." or " by virtue of a letter of attorney "from C. of fuch a date, &c." "do furrender, &c." or "deliver to you feifin of fuch lands," thefe are good in |