may either Distrain, or have an Action of Debt for it.

If a Lord come to diftrain, and fee the Cattel within his Fee, and the Tenant, or other Perfon, to prevent the Lord from diftraining, drives the Cattel out of the Fee of the Lord into the Highway, or into another's Ground, yet may the Lord freshly follow and diftrain the Cattel, tho' it be in the Highway, and the Tenant cannot make Refcous: But if the Lord had not the View of the Cattel, it is otherwife. Co. Lit. fo. 161. a. Co. 2. Inft. f. 131, &c.

Beafts of the Plough, or the Utenfils of a Man's Trade, cannot be diftrained, if other Beasts, or Goods, may be found; nor Things fixed to a Freehold.

He whofe Goods are unlawfully diftrained, may rescue them before they are impounded, and not after; for then they are in Cuftody of Law.

A Leffor is entitled to all Trees blown down by Wind: Tenant may cut Timber enough for Repairs only, and be no Wafte; but if he fells Timber, it is Waste : And Tenant may take by Law, Plowbote, Houfbote, Haybote, and Firebote.

To fuffer Houfes to decay, cut down Timber Trees, Plough Lands that have not been ploughed up Time out of Mind, &c. are Wafte: And the taking away, or breaking down Wainfcot, Doors, Benches, &c. fixed to the Freehold, is Wafte; but if fixed by the Leffee, he may take them down before the End of the Term, fo as he do not weaken the Freehold. Salk. Rep. 368.

For Diftrefs of Tenants, and Wafte in Tenants for Life, and Years, &c. fee more in my M 3

Compleat

Parceners,

&c.

Compleat Court Keeper, p. 231, 232, 233, &c. p. 222, 223, &c. Landlord and Tenant, p. 203, &c. If a Leffee for Years do lofe his Leafe, yet he fhall not lofe his Term in the Lands, if he can prove, any way, that there was fuch a Term let to him by Indenture, and that it is not determined. And fo it is of any other Eftate in Land, if the Deed that created the Eftate be loft, if it can be fufficiently proved that there was fuch a Deed made, and that fuch an Eftate was conveyed by Deed. Pafch. 1650. in B. R. Pr. Reg. p. 198.

Rent, generally referved by Tenant in Fee, goes to him and his Heirs, by Implication of Law, as incident to the Reverfion; but if it be referved to him, and his Affigns, it determines by his Death.

Acquittance for Rent, at the laft Quarter-day, difcharges all Arrears before that Time.

In cafe of Partitions of Lands made between Jointenants, Parceners, the Eldeft fhall choose first, but this defcends not to her Iffue, for if fhe die, the next Eldeft fhall choose firft: But if they have an Advowfon, the Law gives the first Prefentation to the Eldeft, if they can't agree; and this Privilege goes to her Iffue, Affignee, or Tenant by Courtefy. Co. Lit.

And Partition may be Voluntary, or Compulfory, as by Writ de partitione facienda.

A Partition made of Lands in Fee, by Parceners of full Age, binds them for ever, whether it be equal or unequal: fo does an equal Partition of Lands in Tail; but if it be unequal, it concludes them only during their Lives, and the Iffue of her that has the leffer Part, may, after her Death, difagree and enter, and occupy in common the Part allotted to her Aunt.

A

A Partition made by one of Non fane Memory, binds herself, but not her Iffue, unless it be equal. Co. Lit. 166.

If one Joint-tenant dies, his whole Interest fhall furvive to the others; but the Estate of a Parcener, or Tenant in Common, fhall defcend to their Iffue, &c. And a naked Truft, or Authority can't furvive; but a Truft coupled with an Interest shall furvive together with it. Co. Lit. Part 1.

Joint Interefts in Chattels, Goods, Debts, Covenants and Contracts, fhall go to the Survivor; but if two Merchants Trade with a JointStock, and one of them die, his Share fhall go to his Executors.

If one Joint-tenant grant a Rent, or Common, or a Way over his Land, or the like, and die, the Survivor fhall hold the Land difcharged: But if a Joint-tenant make a Leafe for Years in Prefenti, or Futuro of the Land, or the Herbage, and die, it can't be avoided by the Survivor, because the Leffee has an Intereft in the Land itself vefted in him, and a Right to enjoy the Poffeffion thereof by Force of the Leafe.

If one Joint-tenant make a Leafe for his own Life, and die, there fhall be no Survivor; tho' the Lease that severed the Joint-tenure, be determined by his Death.

A Devife of Land, whereof the Devifor is jointly feized or poffeffed, is void; for the Title of the Survivor is Paramount to that of the Devisee.

Of Afignments, Annuities.

A Signment is the appointing or setting over

of a Right unto another.

And there is an Affignee in Deed, and an Af fignee in Law; he in Deed is fuch an one as to whom a Leafe, Eftate, or Intereft is aligned.

He in Law, is fuch whom the Law fo maketh without any Appointment; as an Executor is an Affignee in Law. Dyer, f 6. n. 5.

An Affignee fhall always be intended he that hath the whole Estate of the Affignor, that is affignable; and if there be Affignee in Deed, an Affignee in Law will not be allow'd.

If the Leffee for Years aflign over his Term, and die, his Executors fhall not be charged for Rent due after his Death. Noy's Max. 71.

And if the Executors or Administrators of a Leffee for Years affign over their Interefts, an Action of Debt fhall not lie against them for Rent; but it feemeth, that the Leffor must have Notice of the Affignment, and confent to it. Noy 71. Moor Rep Marrow and Turpin's Cafe; and 3 Co. Walker's Cafe.

If Leffe for Years affign over his Term, the Leffor may charge which of the Parties he will; but if he accept the Rent from the Affignee (knowing of the Affignment) he hath determined his Election, and cannot afterwards bring an Action of Debt against the Leffee, for Rent due after the Affignment. Co. 3 Rep. fo. 24. Bulftr. 2 Part 151. Hern, pag. 110.

If the Leffor grant away the Reversion after the Affignment of the Leffee; in this Cafe the Grantee cannot have an Action against the Leffee for the Rent, because there is no Privity be

tween

tween them, but he is left to his Remedy against the Affignee. Popham Rep. 55. Brownlow, I Part, pag. 55.

An Affignee of Lands, if he be not named in a Condition, yet he may pay the Money to fave his Land. Noy's Max. p. 72.

But he shall receive no Money, if he be not named and the Tender fhall be to the Executor of the Feoffees. Ibid.

Affignees fhall not have Advantage of every Forfeiture by Force of a Condition; but only, of fuch as is incident to the Reverfion, as for Non-payment of Rent, or for the Benefit of the Eftate, as not keeping the Houfe in Repair, &c.

Leffee covenants to pay 10 l. yearly to A. and to repair the Houfes: He affigns his Term to B. Covenant was brought againft the Affignee, becaufe he did not pay the Rent. Per Car the Affignee is not chargeable with this Covenant to pay a Collateral Sum; and it is a meer collateral Covenant. Cr. Jac. 438. Maybo and Buchurft.

In Affignments, the Affignor is to covenant to fave harmless from former Grants, that he is Owner in Poffeffion, and hath Power to affign, and that the Affignee fhall quietly enjoy, &c. And the Affignee covenants to pay the Rent, and perform the Covenants, &c.

Annuity is a Deed whereby a yearly Payment Annuity. of a Sum of Money, or other Thing, is granted to another in Fee, for Life, or Years, charging the Perfon of the Grantor only, and his Heirs that have Affets by Defcent, where no Lands are tyed for its Payment.

And for fuch an Annuity no Diftress can be taken. nor is it ever taken for Affets, because it is no Freehold in Law, nor fhall be put in Exe