Lease for a number of years.

(i) Right d. Flower v. Darby, 1 T. Rep. 159, 163; and see Doe d. Lord Bradford v. Watkins, 7 East, 551.

(j) Legg v. Hackett, Bac. Abr. tit. Leases (L. 3); S. C. nom. Legg v. Strudwick, 2 Salk. 414.

(k) 29 Car. II. c. 3, ss. 1, 2.

(l) Stat. 8 & 9 Vict. c. 106, s. 3.

(m) See Bac. Abr. tit. Leases and Terras for Years (L. 3); Doe d. Clarke v. Smaridge, 7 Q. B. 957.

Leases in writing now required to be by deed.

No formal words required to make a lease.

(n) 29 Car. II. c. 3, s. 2; Lord Bolton v. Tomlin, 5 A. & E. 856.

(o) 29 Car. II. c. 3, s. 1.

(p) Bird v. Higginson, 2 Adol. & Ell. 696; 6 Adol. & Ell. 824; S. C. 4 Nev. & Man. 505. See ante, p. 229.

(q) Stat. 8 & 9 Vict. c. 106, s. 3, repealing stat. 7 & 8 Vict. c. 76, s. 4, to the same effect.

(r) Parker v. Taswell, V.-C. S.,

4 .Jur., N. S. 183, affirmed 2 De

Gex & Jones, 559; Bond v. Ros-Img, Q. B. 8 Jur., N. S. 78; 1 Best & Smith, 371; Tidy v. Mol-lett, 16 C. B., N. S. 298; R olla-son v. Leon, Exch. 7 Jur., N. S. 608; 7 II. & N. 73, overruling the case of Stratton v. Pettitt, 16 C. B. 420.

(s) Bac. Abr. tit. Leases and Terms for Years (K); Curling v. Millt, 6 Man. & (Gran. 173.

(t) Poole v. Bentley, 12 East, 168; Doe d. Walker v. Groves, 15 East, 244; Doe d. Pearson v. Pies, 8 Bing. 178; S. C. 1 Moo. & Scott, 259; Warman v. Faithfull, 5 Barn. & Adol. 1042; Pearee v. Ches-lyn, 4 Adol. & Ellis, 225.

(u) By the Stamp Act, 1870, leases, with some exceptions, are subject to an ad valorem duty on the rent reserved, as follows: -

If the term does not exceed 35 Years or is indefinite.

If the term being definite exceeds 35

Years, but does not exceed 100

Years.

If the term being definite exceeds 100

Years.

Where the yearly rent shall not ex-

s. d.

s.

d.

.s.

d.

0

6

0

3

0

0

6

0

Shall exceed 5 and not exceed 10

1

0

0

6

0

0

12

0

"

10

"

15

1

6

0

9

0

0

18

0

"

15

"

20

2

0

0

12

0

1

4

0

"

20

"

25

2

6

0

15

0

1

10

0

"

25

"

50

5

0

1

10

0

3

0

0

"

50

"

75

7

6

2

5

0

4

10

0

"

75

"

100

10

0

3

0

0

6

0

0

And where the same shall exceed 100, then for every 50, and also for any fractional part of 50

5

0

1

10

0

3

0

0

And any premium which may be paid for the lease is also charged with the same ad valorem duty as on a conveyance upon the sale of lands for the same consideration. The counterpart bears a duty of five shillings, unless the duty on the lease is less than five shillings, in which case the counterpart bears the same duty as the lease; and if not executed by the lessor, it does not require any stamp denoting that the proper duty has been paid on the original. Agreements for leases for any term not exceeding thirty-five years are subject to the same duty as leases. Leases of furnished houses for any term less than a year, where the rent for such term exceeds 25l., are subject to a duty of half-a-crown. And any lease of a tenement or part thereof for any definite term less than a year, at a rent not exceeding the rate of 101. per annum, is now chargeable with the stamp duty of one penny only. Stat. 33 & 34 Vict. c. 97. Covenants in a lease to make improvements or additions to the property do not subject it to any additional duty. Stat. 33 & 34 Vict. c. 44; 33 & 34 Vict. c. 97, s. 98.

There is no limit to the number of years for which a lease may be granted; a lease may be made for 99, 100, 1,000, or any other number of years; the only requisite on this point is, that there be a definite period of time fixed in the lease, at which the term granted must end(u); and it is this fixed period of ending which distinguishes a term from an estate of freehold. Thus, a lease to A. for his life is a conveyance of an estate of freehold, and must be carried into effect by the proper method for conveying the legal seisin; but a lease to A. for ninety-nine years, if he shall so long live, gives him only a term of years, on account of the absolute certainty of the determination of the interest granted at a given time, fixed in the lease. Besides the fixed time for the term to end, there must also be a time fixed from which the term is to begin; and this time may, if the parties please, be at a future period (x). Thus, a lease may be made for 100 years from next Christmas. For, as leases anciently were contracts between the landlords and their husbandmen, and had nothing to do with the freehold or feudal possession (y), there was no objection to the tenant's right of occupation being deferred to a future time.

When the lease is made, the lessee does not become complete tenant by lease to the lessor until he has entered on the lands let (z). Before entry, he has no estate, but only a right to have the lands for the term by force of the lease (a), called in law an interesse termini. But if the lease should be made by a bargain and sale, or any other conveyance operating by virtue of the Statute of Uses, the lessee will, as we have seen(b), have the whoIc term vested in him at once, in the same manner as if he had actually entered.

A lease may be made for any number of years.

There must be a period fixed for the ending.

A term may be made to commence at a future time.

Entry.

(v) Co. Litt. 45 b; 2 Black. Com. 143.

(x) 2 Black. Com. 143.

(y) See ante, p. 9.

(z) Litt. s. 58; Co. Litt. 46 b; Miller v. Green, 8 Bingh. 92; ante, p. 173.

(a) Litt. s. 459; Bac. Abr. tit. Leases and Terms for Years (M).

The circumstance, that a lease for years was anciently nothing more than a mere contract, explains a curious point of law relating to the creation of leases for years, which does not hold with respect to the creation of any greater interest in land. If a man should by indenture lease lands, in which he has no legal interest, for a term of years, both lessor and lessee will be estopped during the term, or forbidden to deny the validity of the lease. This might have been expected. But the law goes further, and holds, that if the lessor should at any time during the lease acquire the lands he has so let, the lease, which before operated only by estoppel, shall now take effect out of the newly-acquired estate of the lessor, and shall become for all purposes a regular estate for a term of years (c). If, however, the lessor has, at the time of making the lease, any interest in the lands he lets, such interest only will pass, and the lease will have no further effect by way of estoppel, though the interest purported to be granted be really greater than the lessor had at the time power to grant (d). Thus, if A., a lessee for the life of B., makes a lease for years by indenture, and afterwards purchases the reversion in fee, and then B. dies, A. may at law avoid his own lease, though several of the years expressed in the lease may be still to come; for, as A. had an interest in the lands for the life of B., a term of years determinable on R.'s life passed to the lessee. But if in such a case the lease was made for valuable consideration, Equity would oblige the lessor to make good the term out of the interest he had acquired (e).