Co. Litt. 144. 2 Bl. Com. 43. Hargrave's n. fupra. 6T. R. 338. Bl. Com. 43. Stat. 32 H. 8. 6.37. goes quit and free of all other services. Rack-rent is only a rent of the full value of the tenement or near it. A feefarm-rent is a rent-charge or rent-fervice, which is reserved on a grant in fee; the name is founded on the perpetuity of the rent or fervice, not on the quantum. This point however is queftioned, though as Mr. Hargrave's feems to us to be the better opinion, we have adopted it. Vide Doug. 605. A grant of lands therefore referving fo confiderable a rent, was indeed only letting lands to farm in fee-fimple instead of the ufual terms for life or years. Since the ftatute of quia emptores, Weflm. 18 Ed. 1. ft. 1. it feems fuch grants by any fubje&t cannot be made, because the grantor parting with the fee is by operation of that ftatute without any reverfion, and without a reversion there cannot be a rent-fervice, If the refervation be of corn, as in the case of an hospital renewed leafe, where the reddendum was "fo, many quar"ters of corn," it will be underflood to mean legal quarters, reckoning the bufhel at eight gallons; although the old leafes before the ftatute 22 and 23 Car. 2. c. 12. contained the fame reddendum, and although till lately the leffees paid by compofition, reckoning the bushel at nine gallons. These are the general divifions of rent; and the difference between them (in respect of the remedy for recovering them) is not totally abolished by ftat. 4 G. 2. c. 28.; as all perfons may have the like remedy by diftrefs for rents-feck, rents of affife, and chief-rents, that is for fuch as had been paid for three years, within twenty years before the paffing that act, or for fuch as have been fince created, as in cafe of rents referved upon leafe. By flatute 32 II. 8. c. 37. s. 1. the executors or admi. nistrators of tenants in fee-fimple, tenants in fee-tail, and tenants for term of life, of rents-fervice, rent-charges, rents-feck, and fee-farms, unto whom any fuch rent or fee. farm be due, fhall have an action of debt for fuch arrears against the tenants, who ought to have paid in the lifetime of their teftator, or against their executors and adminiftrators, and diftrain for the arrears on the land charged with. the payment, fo long as the lands continue in the feifin or poffeflion poffeffion of the tenant in demefne, who ought to have paid the rent or fee-farm, or in the seifin or poffeffion of any other person claiming only from the fame tenant by purchafe, gift, or defcent, in like manner as their teftator might have done. S. 3. If any man have, in right of his wife, any eftate in rents or fee-farms, and the fame be unpaid in the wife's life, the husband, after the death of his wife, his executors and adminiftrators, fhall have action of debt for the arrears, or may distrain. S. 4. If any have any rents or fee-farms for term of life of any other perfon, and the rent, &c. be unpaid in the life of such person, and after the faid perfon doth die, he to whom the rent or fee-farm is due, his executors and adminiftrators, fhall have an action of debt, or distrain for the fame. Statute 12 C. 2. c. 24. s. 5. provides that nothing therein Stat. 12 C. 2. contained fhall be conftrued to take away any rents certain, c. 24. or other service incident or belonging to tenure in common focage, or the fealty and diftress incident thereunto; and that such relief shall be paid in respect of such rents as is paid in case of a death of a tenant in common focage. Occasionally also, acts of parliament empower the officers of government to grant leases of the duties thereby imposed; as the act 12 C. 2. c. 23. s. 27. respecting the duties of excife upon ale, beer, &c. and alfo c. 25. s. 3. of the fame CHAPTER VI. For what Term Leafes may be made. SECTION I. Of Tenants for Life, and how created. SECTION II. Of Tenants for Years, abfolutely, or by way of Mortgage, wherein of the commencement, duration, and termination, of their Tenancies; and of the furrender and renewal of Leafes. Com. Dig. tit. Ibid. and Co. Ibid, Ibid. SECTION 1. Of Tenants for Life, and how created. TE ENANT for term of life fhall be when lands are demised to a man for his life, or for the life of another, or for the life of himself and several others. So, if tenant for life by curtefey or in dower, grants his or her estate over, the grantee shall be tenant per auter vie. So, if lands are demifed or granted to a man generally, and livery be made upon it, fuch demife or grant to another generally, by tenant in fee, fhall be an eftate to the leffee for his own life: for his life is greater in confideration: of law than another's life; and therefore if he leafes to him in remainder or reverfion for his life, he fhall have it after the death of the leffee, for it was not a surrender: but if it be by tenant in tail, it shall be for the life of the leffor; for that is all he can lawfully grant, unless he leafe according to the ftat. 32 H. 8. c. 28. So, a demife to another for a time indeterminate, paffes for life, if livery be made. Or a demife of things which lie in grant, without livery; as a leafe to a man quamdiu fe bene gefferit; to a woman durante viduitate or dum fola; to husband and wife during coverture; to A. as long as he inhabits, or fuch rent, or till he be preferred to fuch a benefice, or till out of the profits he has paid 100/. or other fum, or during his exile, pays 1 if he be abfent from his country voluntarily, and not by edict. So, if the king grants an office at will, and a rent for it Ibid. for his life, he has an eftate for life in the rent, though it determines with his office. But if one make a lease for life, and say that if the leffee Co, Lit, 218, within one year pay not 20 s. he shall have but a term for two years by this; if he do not pay the money he has only a lease for two years, even though livery of seifin be made upon it. With respect to the quantity of intereft that he poffeffes, Co. Lit. 43.. tenant for life has a freehold, as well as tenant in fee or tail. 2 Livery of feifin, by the common law, is neceffary to be a Bl. Com. 314. made upon every grant of an eftate of freehold in hereditaments corporeal, whether of inheritance or for life only. One reason why freeholds cannot be made to commence in futuro, is because they cannot, (at common law) be made but by livery of feifin; which livery being an actual manual tradition of the land, [for the word "livery" is probably an abbreviation of "delivery,"] must take effect in præfenti, or not at all. Livery of seifin is either in deed or in law. Livery in deed is thus performed: the leffor, or his at. Ibid. 315. torney, together with the leffee, or his attorney, (for this may as effectually be done by deputy or attorney, as by the principals themselves in perfon,) come to the land, or to the house, and there, in the presence of witneffes, declare the contents of the leafe on which livery is to be made. Then the leffor, if it be of land, delivers to the leffee, all other perfons being out of the ground, a clod, or turf, or a twig, or bough, there growing, with words to this effect, "I deliver these to you in the name of feifin of all the "lands and tenements contained in this deed." But if it be of a houfe, the leffor must take the ring, or latch of the door, the house being quite empty, and deliver it to the lessee in the fame form, as in the case of land; and then the leffee must enter alone, and fhut to the door, and then open it, and let in the others. If the conveyance be of divers lands, lying fcattered in one and the fame county, and then in the leffor's poffeffion, livery of feifin of any parcel in the name of the refidue is fufficient for all; but if they be in feveral counties, there must be as many liveries as there are counties; for if the title to the fe lands comes to be difputed, there must be as many trials as there are counties, and the jury of one county are no judges of the notoriety of a fact in another. Alfo, if the lands be out on leafe, though all lie in fame county, there must be as many liveries as there are tenants; because no livery can be made in this cafe, but by the confent of the particular tenant, and the confent of one will not bind the reft.-In all thefe cafes, it is prudent and ufual to endorfe the livery of feifin on the back of the deed, fpecifying the manner, place, and time of making it, together with the names of the witneffes. Livery in law is where the fame is not made on the land, but in fight of it only; the leffor faying to the leffee, "I demife, grant, and to farm let, fuch land unto you, "enter and take poffeffion." Here if the leffor enters during the life of the leffor, it is a good livery, but not otherwife; unless indeed he dare not enter through fear of his life, or bodily harm; and then his continual claim made yearly in due form of law, as near as poffible to the lands, will fuffice without entry; and such continual claim by tenant for life is fufficient for him in reverfion or remainder. This livery in law cannot however be given or received. by attorney, but only by the parties themselves. If a man leafes to A. for years, remainder to B. in fee, in tail, or for life, he must make livery to A. If a lease be to A. and B. livery to one of the leffees is fufficient, A leafe for life of any thing whatsoever, whether it lie in livery or in grant, if it be in effe before, cannot begin at a day to come; for an eftate of freehold cannot commence in futuro. Therefore if a leafe be made habendum from Michaelmas next, or from the day of the making of it (this however is either inclufive or exclusive, vide poftea] or after the death of the leffor, or after the death of 7. S. to the leffee for life, this leafe is not good. So alfo where one doth make a leafe of land to another for |