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between the New Testament and the Apocryphal of a yellow flush, and the best of bearers for all sorts Volume. In 1823 he obtained the mastership of soil; of which there are two sorts, the large sort of St. Nicholas' hospital, with a stall in Salisbury and the small.

Mortimer. cathedral; and in the same year a pamphlet

Ripe pulpy apples, as pippins and rennetings, are

Id. appeared from his pen addressed to H. Broug- of a syrupy tenacious nature. ham, esq., M.P., on the subject of a speech made

Ren'net, n. s. See Runner, and below. by that gentleman at Durham, taken in con A putredinous ferment coagulates all humours, nexion with some articles in the Edinburgh

as milk with rennet is turned. review. In the autumn of this year he married

Floyer on the Humours. a Miss Delafield of Kensington; not many Rennet, in rural economy, a term applied to weeks after which a violent attack of fever ter- the coagulum prepared from the stomach of a minated in a gradual decline, which carried him young calf for the purpose of making cheese. off in June the following year, just as he had See Dairy. completed his new translation of Munter's Nar RENNIE (John), F. R. S., the celebrated rative of the Conversion of Count Struensee. engineer, was born near Linton in East Lothian, In private life he was highly esteemed.

in 1760, and was the son of a respectable farmer, RENNES, a large town of France, the former who placed him with an eminent mill-wright. capital of Brittany, and now of the department After serving out his articles, he commenced of the Ille and Vilaine, is situated in a large business on his own account, but in 1783 was plain, at the confluence of these two rivers. induced to remove to London, where he disThe latter divides the town into two parts, con- tinguished himself by the construction of the nected by bridges. That built on the left bank Albion mill. His next work of magnitude was of the river, and called the Lower Town, is the erection of machinery in Whitbread's almost on a level with the surface of the water, brewery. His reputation from this time inand subject consequently to inundations. The creased, until he was regarded as standing at the Upper Town, on the right bank, stands on an head of the English civil engineers. Among eminence, and forms the most considerable parthis works may be mentioned Ramsgate harbour, of the city. Since a dreadful fire in 1720, by Waterloo and Southwark bridges (as to construcwhich nearly 900 houses were consumed, Ren- tion), the Breakwater at Plymouth, and the Bell nes has been rebuilt on a regular plan; but a Rock light-house. No one has effected greater few of the narrow streets and high antiquated performances in the difficult branches of his houses remain ; and in the suburbs there is a profession. Although in some respects a selfnumber of wooden structures. The square called taught man, he acquired the respect of the most the Palais de Justice was constructed on the distinguished men of science and learuing in model of the Place Vendome at Paris, and had his day. His death took place at his house in once a bronze statue of Louis XIV. Of the Stamford Street, Blackfriars, October 4th, 1821, Place d'armes the Hotel de Ville forms the west in his sixty-first year, and he was buried with ern façade; this, as well as the Place de la the respect due to his eminent talents in St. grande Cohue, and the Place de la Pompe, are Paul's cathedral. all worth notice. The principal promenades

RENOVATE, v.a.? Lat. renovo. To renew; are the Cours and the Tabor; the former nearly RENOVAʼtion, n. s. S restore to the first state: a mile long

the noun substantive corresponding., The principal public edifices are the cathedral, Sound continueth some small time, which is a dedicated to St. Peter; the building, formerly renovation, and not a continuance ; for the body, perthe house of meeting for the parliament of cussed hath a trepidation wrought in the minute Brittany; the town-hall, arsenal, and a college parts, and so reneweth the percussion of the air. fornierly belonging to the Jesuits. Here is also

Bacon's Natural History. a small university, famous for the study of law;

To second life also a society of arts and sciences. It has Waked in the renovation of the just, besides a college royal, an academy, a school of Resigns him up, with heaven and earth renewed.

Milton. medicine and surgery, and a drawing school; a public library, museum, physical cabinet,

All nature feels the renovating force

Of winter, only to the thoughtless eye chemical laboratory, botanical garden, &c. The

In ruin seen.

Thomson's Winter. trade is promoted by the Vilaine being navigable

RENOUNCE', v.a.&v. n. Fr. renoncer ; for large vessels towards its mouth, and for

RENOUNCEMENT, N. S.

Lat. renuncio. To barges of considerable burden to this place.

RENUNCIATIQN.

S disown;

abneThe objects of commerce are corn, cattle, hemp, flax, and timber; lead, wax, and butter. The ma

gate; abjure: Dryden's use of the word, as a verb nufactures consist of blankets, sail-cloth, hats

, neuter, has never been followed: the noun subthread, stockings, gloves, and hardware. Ren

stantive corresponding.

This world I do renounce ; and in your sights nes is the see of a bishop, and the seat of a court of appeal for four adjoining departments. Shake patiently my great affliction off. Shakspeare.

I hold you as a thing enskied and sainted; It has likewise criminal and commercial courts.

By your renouncement, an immortal spirit. Id. Inhabitants 30,000. Eighty miles north of

Pride and passion, and the opinions of the world, Nantes, and 220 west of Paris.

must not be our counsellors; for we renounced them REN'NET, n. s. Properly Fr. rainette, a at our baptism.

Kettleweil. REN'NETING. } A

From l'hebes my birth I own; and no disgrace apple.

Can force me to renounce the honour of my race. A golden rennet is a very pleasant and fair fruit,

Dryden.

Pope.

Id.

On this firm principle I ever stood;

He ventured to dismiss his fear, He of my sons, who fails to make it good,

That partings wont to rent and tear, By one rebellious act renounces to my blood. d.

And give the desperatest attack He that loves riches, can hardly believe the doc To danger still behind his back. Hudibras. trine of poverty and renunciation of the world.

Rent, v. a. & n. s. Fr. rente ; Ital. rendita ;
Taylor,
RENT'ER.

S low Lat. reddendum. ReRENOWN', n. s. & v. a. Fr. renommée; Lat. venue; annual payment; to hold as a tenant. renomen. Fame; celebrity; praise widely spread; See below : a renter is he who pays rent. to make famous.

Idol ceremony, These were the renowned of the congregation, What are thy rents ? what are thy comings in? princes of the tribes, heads of thousands. Numbers. 0, ceremony, shew me but thy worth! Shakspeare. She

Such is the mould, that the blest tenant feeds Is daughter of this famous duke of Milan,

On precious fruits, and pays his rent in weeds. Of whom so often I have heard renown. Shakspeare.

Waller. Let us satisfy our eyes

The estate will not be let for one penny more or With the memorials and the things of fame, less to the renter, amongst whomsoever the rent be That do renown this city.

Id.
pays be divided.

Locke. That thrice renowned and learned French king, When a servant is called before his master, it is finding Petrarch's tomb without any inscription, often to know, whether he passed by such a ground, wrote one himself; saying, Shame it was that he if the old man who rents it is in good health. who sung his mistress's praise seven years before her

Addison's Spectator. death, should twelve years want an epitaph.

I bought an annual rent or two,
Peacham.

And live just as you see I do.
The rest were long to tell, though far renowned.

Folks in mudwall tenement,
Milton.

Present a peppercorn for rent. Prior. 'Tis of more renown

Anticipated rents, and bills unpaid,
To make a river, than to build a town. Waller. Force many a shining youth into the shade,
Nor envy we

Not to redeem his time, but his estate,
Thy great renown, nor grudge thy victory. Dryden. And play the fool, but at a cheaper rate. Couper.
Soft elocution does thy style renown,

Rents are classed by Blackstone among incorGentle or sharp according to thy choice, To laugh at follies or to lash at vice.

poreal hereditaments. The word rent or render, Ilva,

redditus, according to him, signifies a compenAn isle renowned for steel and unexhausted mines. sation or return, it being in the nature of an ac

Id. knowledgment, given for the possession of some In solemn silence stand

corporeal inheritance. See 1 İnst. 144. It is deStern tyrants, whom their cruelties renown fined to be a certain profit issuing yearly out of And emperors in Parian inarble frown. Addison. lands and tenements corporeal. It must be a A bard, whom pilfered pastorals renown. Pope. profit; yet there is no occasion for it to be, as Nor far beneath her in renoun is she

it usually is, a sum of money : for spurs, capons, Who, through good breeding, is ill company;

horses, corn, and other matters may be rendered, Whose manners would not let her larum cease, Who thinks you are unhappy when at peace.

and frequently are rendered, by way of rent. It Young.

may also consist in services or manual operaAnd when recording History displays.

tions; as, to plough so many acres of ground, Feats of renown, though wrought in ancient days;

to attend the king or the lord to the wars, and Tells of a few stout hearts, that fought and died, the like; which services, in the eye of the law, Where duty placed them, at their country's side ; are profits. This profit must also be certain ; The man that is not moved with what he reads, or that which may be reduced to a certainty by That takes not fire at their heroic deeds,

either party. It must also issue yearly; though Unworthy of the blessings of the brave,

there is no occasion for it to issue every succesIs base in kind, and born to be a slave. Cowper. sive year; but it may be reserved every second,

RENSSELAER, a county of New York, third, or fourth year: yet, as it is to be produced United States, bounded north by Washington out of the profits of lands and tenements as a county, east by Vermont and Massachusetts, recompense for being permitted to hold or enjoy south by Colombia county, and west by the them, it ought to be reserved yearly, because Hudson. The eastern part is hilly, and in some those profits do annually arise, and are anpually parts mountainous : indeed the general charac- renewed. It must issue out of the thing granted, ter of the country is broken and hilly; but the and not be part the land or thing itself; valleys are extensive, and the alluvial flats of wherein it differs from an exception in the grant, considerable extent, warm and fertile. The wet which is always of part of the thing granted. uplands are covered with a luxuriant growth of Plowd. 13: 8 Rep. 71. It must, lastly, issue out lofty white pine, variously intermixed with hem- of lands and tenements corporeal; that is, from lock, maple ash, cherry, beech, and birch; and some inheritance whereunto the owner or grantee the skilful farmer finds all the varieties of soil of the rent may have recourse to distrain. Therewhich these contrarieties of forest vegetation fore a rent, strictly speaking, cannot be reserved would indicate. It sends four members to the out of an advowson, a common, an office, a house of assembly. The chief towns are Troy franchise, or the like; but a grant of such annuand Lansinburgh.

ity or sum (e. g. by a lessee of tithes, or other RENT, v. n. (now written rant, yet probably incorporeal hereditament) may operate as a perfrom rend). To roar; to bluster: we still say, sonal contract, and oblige the grantor to pay the a tearing fellow.

money reserved, or subject him to an action of

debt for the amount of the rent agreed upon; annum, without expressing out of what lands it though it doth not affect the inheritance, and is shall issue, no land at all shall be charged with no legal rent in contemplation of law. And the it; but it is a mere personal annuity: which is king might always reserve a rent out of incor- of so little account in the law, that, if granted poreal hereditaments; the reason of which is, to an eleemosynary corporation, it is not within that he, by his prerogative, can distrain on all the statutes of mortmain; and yet a man may the lands of his lessee. 1 Inst. 47, a. in n. have a real estate in it, though his security is

I. Of the different kinds of rent. There are, merely personal. 2 Comm. c. 3. See 1 Inst. at common law, three kinds of rent : rent-ser- 144. vice, rent-charge, and rent-seck.

Rent-seck, redditus siccus, or barren rent, is Rent-service is so called, because it hath some in effect nothing more than a rent reserved by corporeal service incident to it; as, at the least, deed, but without any clause of distress. A rentfealty, or the feudal oath of fidelity. 1 Inst

. 142. seck is so called because it is unprofitable to the For, if a tenant holds his land by fealty, and grantee; as, before seisin had, he can have no 10s. rent; or by the service of ploughing the remedy for recovery of it; as where a man lord's land and 58. rent; these pecuniary rents, seised in fee grants a rent in fee for life or years, being connected with personal services, are there- or where a man makes a feoffment in fee or for fore called rent-service. And for these, in case life, remainder in fee reserving rent, without any they be behind, or arrere, at the day appointed, clause of distress, these are rent-seck; for which, the lord may distrain of common right, without by the policy of the ancient law, there was no reserving any special power of distress ; pro- remedy, as there was no tenure between the vided he hath in himself the reversion, or future grantor and grantee, or feoffor and feoffee; conestate of the lands and tenements, after the lease sequently, no fealty could be due. Litt. § 215, or particular estate of the lessee or grantee is ex- 218: Cro. Car. 520: Kelw. 104 : Cro. Eliz. pired. The services are of two sorts, either ex- 656. pressed in the lease or contract, or raised by im Though a rent is an incorporeal hereditament plication of law. When the services are expressed it is susceptible of the same limitations as other in the contract, the quantum must be either hereditaments. Hence it may be granted or decertainly mentioned, or be such as, by reference vised for life, or in tail, with remainders or limito something else, may be reduced to a certain- tations over. But there is this difference between ty; for, if the lessor's demands be uncertain, it an intail of lands, and an intail of rent; that the is impossible to give him an adequate satisfac- tenant in tail of lands, with the immediate rever. tion or compensation for them, as the jury can- sion in fee in the donor, may, by a common not determine what injury he has sustained. Co. recovery, bar the intail and reversion : See title Litt. 96, a : Stil. 397 : 2 Ld. Raym. 1160. Recovery. Whereas the grantee in tail of the rent

A rent-charge is where the owner of the rent de novo, without a subsequent limitation of it has no future interest, or reversion expectant, in fee, requires, by a common recovery only a in the land; as where a man, by deed, maketh base fee, determinable upon his decease, and over to others his whole estate in fee simple, failure of the issues in tail : but if there is a with a certain rent payable thereout; and adds limitation of it in fee, after the limitation in tail, to the deed a covenant or clause of distress, that the recovery of the tenure in tail gives him the if the rent be arrere, or behind, it shall be lawful fee-simple. The reason of this difference is, that to distrain for the same. In this case the land it would be unjust that the conveyance of a is liable to the distress, not of common right, but grantee of a rent should give a longer duration by virtue of the clause in the deed : and therefore or existence to the rent, than it had in its original it is called a rent-charge, because in this man- creation. It is true that the barring of an estatener the land is charged with a distress for the tail in land is equally contrary to the intention of payment of it. i Inst. 143. A clear rent-charge the grantor. But a rent differs materially from must be free from the land-tax. Doug. 602. land. The old principles of the feudal law

Where a man, seised of lands, grants by deed- looked upon every modification of landed propoll, or indenture, a yearly rent to be issuing perty, which was considered to be against comout of the same land, to another in fee, in tail, mon right, with a very jealous eye. Now a rentfor life or years, with a clause of distress ; this charge was supposed to be against common is a rent-charge, because the lands are charged right; the grantee of the rent-charge being subwith a distress by the express grant or provision ject to no feudal services, and being a burden of the parties, which otherwise it would not be. on the tenant who was to perform them. Upon So, if a man make a feoffment in fee, reserving this principle the law, in every instance, avoided rent, and if the rent be behind, that it shall be giving, by implication, a continuation to the rent, lawful for him to distrain ; this is a rent charge, beyond the period expressly fixed for its contithe word reserving'amounting to a grant nuance. Thus, if a tenant in tail of land die from the feoffee. Litt. $ 217: Co. Litt. 170 a : without issue, his wife is entitled to dower for Plowd. 134.

her life out of the land, notwithstanding the An annuity is a thing very distinct from a failure of the issue ; but the widow of a tenant rent-charge, with which it is frequently con- in tail of rent is not entitled to her dower against founded : a rent-charge being a burden im- the donor. So if a rent is granted to a man and posed upon and issuing out of lands; whereas his heirs, generally, and he dies without an heir, an annuity is a yearly sum chargeable only upon the rent does not escheat, but sinks into the the person of the grantor. Therefore if a man land. It is upon this principle that, when there by deed grant to another the sum of £20 per is not a limitation over in fee, a tenant in tail of

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rent acquires hy his recovery no more than a the possession of the tenant from whom such arbase fee; as has been already stated : but if rear became due. Stat. 8, Ann. c. 14, sec. 6, 7. there is a limitation in fee; after the particular The above clauses were made to remedy the delimitation in tail, the grantor has substantially fect of the common law, under which the power limited the rent in fee ; and, therefore, it is doing of distress ceased with the tenure. 1 Inst. 162, him no injustice, that the recovery should give bin n. the donee who suffers it an estate in fee simple. By stat. 4 Geo. II., cap. 28, in case any tenant 1 Inst. 298, a. in n.

for life or years, or other person who shall come There are also other species of rents, which into possession of any lands, &c., under or by are reducible to these three. Rents of assize collusion of such tenant, wilfully hold over, after are the certain established rents of the freeholders the determination of such term, and after deand ancient copyholders of a manor, which can mand made in writing for delivering possession, not be departed from or varied. 2 Inst. 19. such person holding over shall pay double the Those of the freeholders are frequently called yearly value of the lands, &c., so detained, sec. 1. chief rents, redditus capitales; and both sorts In all cases between landlord and tenant, on half are indifferently denominated quit-rents, quieti a year's rent being in arrear, the land hold having a redditus, because thereby the tenant goes quit right by law to re-enter for non-payment, may withand free of all other services. When these pay- out any formal demand or re-entry, serve a declaments were reserved in silver or white money, ration in ejectment; and in case of judgment or they were anciently called white-rents, or blanch- non-suit for not confessing lease, entry, and farms, redditus albi ; in contradistinction to ouster, it shall appear that half a year's rent was rents reserved in work, grain, or baser money, due before a declaration served, and no sufficient which were called redditus nigri, or black mail. distress to be found ; and that the lessor in eject2 Inst. 19. Rack-rent is only a rent of the full ment had power to re-enter; the lessor in ejectvalue of the tenement, or near it. A fee-farm ment shall recover judgment. Sec. 2. Lessees, rent is a rent-charge issuing out of an estate in &c., filing a bill in equity, shall not have an infee; of at least one-fourth of the value of the junction against proceedings at law, unless they lands, at the time of its reservation : for a grant shall, within forty days after answer filed, bring of lands, reserving so considerable a rent, is in- into court such money as the lessors in their andeed only letting lands to farm in fee simple, swer shall swear to be in arrear, over and above instead of the usual methods for life or years. i all just allowances, and costs taxed, there to reInst. 143. It seems that the quantum of the rent main till the hearing of the cause, or to be paid is not essential to create a fee-farm. See 1 Inst. to the lessors on good security, subject to the 145 b. n. 5: And also, whether a fee-farm must decree of the court; and in case such bill shall necessarily be a rent-charge ; or may not also be be duly filed, and execution executed, the lessors a rent-seck; and Doug. 605. These are the shall be accountable for only so much as they shall general divisions of rent; but the difference be- really make of the premises from the time of tween them (in respect to the remedy for reco- their re-entry; and, if the same shall happen to vering them) is now totally abolished ; and all be less than the usual rent reserved, the lessees persons may have the like remedy by distress shall not be restored to the possession until they for rents-seck, rents of assise, and chief-rents (if shall make up the deficiency to the lessors. Sec. paid for three years within twenty years preceding 3. If the tenant, at any time before trial, tender the act, or if created since), as in case of rents or pay into court all arrears with costs, proceedreserved upon lease. Stat. 4 Geo. II. c. 28 $ 5. ings on ejectments shall cease.

Sec. 4. II. Modes of recovering rent. By stat. 8 Ann. Previous to the above statute, the courts, both cap. 14, No goods, upon any tenements leased, of law and equity, had exercised a discretionary shall be taken by any execution, unless the party, power of staying the lessor from proceeding at at whose suit the execution is sued out, shall, be- law, in cases of forfeiture for non-payment of fore the removal of such goods, pay to the land. rent, by compelling him to take the money really lord of the premises, or his bailiff, all money due due to him. for rent for the premises ; provided the arrears By stat. 11 Geo. II., c. 19, it shall be lawful do not amount to more than one year's rent: for the landlord, where the agreement is not by and, in case the arrears shall exceed one year's deed, to recover a reasonable satisfaction for the rent, then the party, paying the said landlord, or tenements occupied by defendants, in an action his bailiff, one year's rent, may proceed to exe on the case, for the use and occupation of what cute his judgment: and the sheriff is required to was held ; and if, in evidence on the trial, any levy and pay to the plaintiff, as well the money parol demise or agreement, not by deed, whereon paid for rent, as the execution money. § 1. The a certain rent was reserved, shall appear, plantiff act contains a proviso to prevent prejudice to may make use thereof as an evidence of the the crown, in recovering and seizing debts, fines, quantum of the damages. Sec. 14. and forfeitures. § 8. See Ogilvy, v. Wingate, If any tenant holding tenements at a rack-rent, Parl. Cas.

or where the rent reserved be full three-fourths It shall be lawful for any person having rent of the yearly value of the premises, who shall be in due on any lease for life, years, or at will, deter- arrear for one year's rent, desert the premises, and mined to distrain for such arrears after determi- leave the same uncultivated or unoccupied, so as nation of the leases: provided, That such dis no sufficient distress can be had to countervail tress be made within six calendar months after the arrears; it shall be lawful for two justices of the determination of such lease, and during the the peace (having no interest in the premises) 10 EC continuance of such landlord's title, and during upon and view the same, and to affix, on the mos

manner.

notorlous part, notice in writing, what day (at the positively said, that if a feoffment in fee be made distance of fourteen days at least) they will re to the use of one for life, remainder to another turn to take a second view ; and if, on such se in tail with several remainders over, with a cond view, the tenant, or some person on his be- power to the tenant for life to make leases, rehalf, shall not appear and pay the rent in arrear, serving the rent to the reversioners, and the or there shall not be sufficient distress on the tenant for life accordingly make leases; deither premises, the justices may put the landlord in his heirs, nor any of the remainder-men, shall possession, and the lease to such tenants as to any have the rent. But, in Harcourt v. Pole, 1 demise therein contained only shall become void. Anders. 273, it was adjudged that the remainderSec. 16. In case any tenant give notice of his men might distrain in these cases : and in T. intention to quit, and shall not accordingly de- Jones 35, the dictum in Chudleigh's case is deliver up the possession at the time in such notice nied to be law. The determination in Harcourt contained, the tenant, his executors, or adminis. v. Pole will appear incontrovertibly right, if we trators, shall pay to the landlord double the rent consider that both the lessees and remainder-men which he should otherwise have paid. Sec. 18. derive their estate out of the reversion or original

By stat. 11 Geo. II. c. 19, above quoted, inheritance of the settler; and therefore the law, landlords are empowered to follow goods frau- to use Coke's expression in Whitlock's case 8 dulently and clandestinely removed off the pre- Rep. 71, will distribute the rent to every one to mises within thirty days: but this applies to the whom any limitation of the use is made. 1 goods of the tenant only, and not to those of a Inst. 214, a in n; and see Id. 213, b in n. stranger. See the statutes 56 Geo. III. c. 88, III. Respecting the demand of rent.-With reand 58 Geo. III. c. 39, to amend the law of Ire- spect to the necessity of demanding rent, there is a land respecting the recovery of tenements from material difference between a remedy by reabsconding, overholding, or defaulting tenants, entry, and a remedy by distress, for non-payment and for protection of the tenant from undue of the rent; for, where the remedy is by way of distress, by which many provisions of the Eng- re-entry for non-payment, there must be an aclish acts are extended to Ireland.

tual demand made, previous to the entry, otherThe general remedy for rent is by distress, wise it is tortuous; because such condition of reunder the restrictions and directions of the sta- entry is in derogation of the grant, and the estate tutes : but there are also other remedies particu- at law being once defeated, is not to be restored larised by Blackstone, 3 Comm. c. 15, which it by any subsequent payment: and it is presumed will be sufficient here to notice in a summary that the tenant is there residing on the premises,

in order to pay the rent for preservation of his By action of debt, for the breach of the estate, unless the contrary appears by the lessor's express contract. This is the most usual reme. being there to demand it. Therefore, unless there dy, when recourse is had to any action at all for be a demand made, and the tenant thereby, conthe recovery of pecuniary rents : to which species trary to the presumption, appears not to be on of render almost all free services are now reduced the land ready to pay the rent, the law will not since the abolition of the military tenures : But give the lessor the benefit of re-entry, to defeat for a freehold rent, reserved on a lease for life, the tenant's estate, without a wilful default in &c., no action of debt lay, by the common law, him; which cannot appear without a demand during the continuance of the freehold, out has been actually made on the land. So, if of which it issued; for the law would not there had been a nomine pæne given to the suffer a real injury to be remedied by an lessor for non-payment, the lessor must demand action that was merely personal. 1 Roll. Abr. the rent before he can be entitled to the penalty. 595. But by stat. 8 Ann. c. 14, sec. 4, an ac Where the remedy for recovery of rent is tion of debt is given for rents on leases for life by distress, there needs no demand previous to or lives, as upon a lease for years : and by stat. the distress; though the deed says that if the 5 Geo. III. c. 17, which enables ecclesiastical rent be behind, being lawfully demanded, that persons to lease tithes and other incorporeal in- the lessor may distrain ; but the lessor, notwithheritances, action of debt is given (by sec. 3) for standing such clause, may distrain when the rent recovery of rent on such leases; and perhaps becomes due. So it is, if a rent-charge be the first of these statutes extends to leases of granted to A, and if it be behind, being lawincorporeal hereditaments. See 1 Inst. 47, a fully demanded, that then A shall distrain; he

may distrain without any previous demand. The rent in a lease must be reserved to the But this general distinction must be understood lessor, or his heirs, &c., and not to a stranger. with these restrictions :—That if the king makes See 1 Inst. 213, 6. The principle which gave a lease, reserving rent, with a clause of re-entry rise to this rule is, that rent is considered as a re- for non-payment, he is not obliged to make any tribution for the land, and is therefore payable to demand previous to his re-entry; but the tenant those who would otherwise have had the land, is obliged to pay his rent for the preservation of It is to be observed that remainder men in a his estate, because it is beneath the king to attend settlement, being at first view neither feoffors, his subject to demand his rent. donors, lessors, nor the heirs of feoffors, donors, But this exception is not to be extended to the or lessors, there seems to have been, for some duchy lands, though they be in the hands of the time after the statute of Uses, a doubt whether king; for the king must make a demand before the rents of leases, made by virtue of powers he can re-enter into such lands, by the stat. 1 contained in settlements, could be reserved to Hen. IV. c. 18, which provides, that, when the them. In Chudleigh's case, 1 Rep. 159, it is duchy lands come to the king, they shall not be

in n.

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