so it is rent-seck. (1 Th. Co. Lit 448; Gilb. Rents, 38.)

45. Out of what things Rent may issue; and on what Conveyances it may be Reserved; W. C.

1. Out of what things Rent may issue; W. C. 1. The General Doctrine.

Rent must issue out of things corporeal, to which recourse may be had to distrein, and which may be put in view, to the recognitors of assize. (2 Bl. Čom. 41; Gilb. Rents, 21.)

21. Sundry Instances of reservation of Rent; W. C. 1. Reservation of Rent issuing out of an Incorporeal Hereditament; W. C.

11. The Reasons which forbid such Reservation.

Gilb. Rents, 21 to 23; 1 Th. Co. Lit. 442; Id. 441, & n (B); Ante p. 33-'4.

21. Effect of Reservation of Rent out of an Incorporeal Thing.

Although not good as a rent, it may be enforced as a contract. (1 Th. Co. Lit. 441, n (B); Gilb. Rents, 24.)

2. Reservation of Rent in retribution for lands, and also for some other subject at the same time, e. g., chattels or Incorporeal Property.

The rent is said to issue out of both subjects in point of render, but out of the lands only in point of remedy, the recourse being to them alone to distrein. Hence if the chattel, &c., be lost or destroyed during the term, the rent is abated accordingly. (Dean, &c., of Windsor v. Gover, 2 Saund. 303-4; Newton v. Wilson, 3 H. & Munf. 470; 1 Tuck. Com. 20, 21, B. II.)

3. Reservation of Rent, in retribution for a Remainder or Reversion granted.

It is good as a rent, because when the remainder or reversion takes effect in possession, the arrears of rent may be distreined for, and so there is a remedy for the same; and the remainder and reversion, unlike incorporeal hereditaments proper, were originally intended as subjects of property, and of traffic. (Bac. Abr. Rent, (B); Gilb. Rents, 23.) 2h. On what Conveyances Rent may be Reserved

On any conveyance that passes or enlarges an estate in land to the tenant; for if no land passes, there ought to be no retribution or return, and conversely, if the transaction is sufficient to convey the land, it ought to be sufficient to vest the retribution. (Gilb. Rents, 26-27.)

5%. The Terms in which Rent should be Reserved; W. C. 1h. The proper technical Terms.

Reservando, Reddendo, Solvendo, &c., implying return of something which was not in the grantor before, in lieu of the land which passes. (Bac. Abr. Rent (D); Gilb. Rents, 30; 1 Tuck. Com. 21, B. II.) 2h. Effect of a departure from the proper Terms.

Not material, if the terms used fairly import a retribution for the land that passes. (1 Tuck. Com. 2, B. II; Gilb. Rents, 32, & seq.)

3. Effect of entire Reservation upon a grant of several distinct Premises.

The landlord may distrein on either for the rent of both, or in a proper case, may re-enter upon either. But if the reservation were in the first instance several, and not entire, it would be otherwise. Thus, a grant of three houses, reserving $500 rent-viz., for one house $300, for another $150, and for another $50,-is an instance of an entire reservation, enabling the grantor to distrein, &c., in any one for the whole rent; but a grant of three houses, reserving $300 for one, $150 for another, and $50 for the third, is a case of several reservation, wherein the grantor can distrein or reenter, for the respective rents, upon the premises severally, and not upon either of the premises for all. (Gilb. Rents, 34, & seq.)

4. Effect of Reservation of Rent upon a grant by persons having several Titles.

Although the reservation is by joint words, yet from the nature of the titles of the grantors, it is to be understood as a several reservation upon which they must distrein severally. Thus, if two tenants in common make a lease for life, reserving rent, the reservation, though made by joint words, shall follow the nature of the reversion in the lessors, which is several. In the case of joint tenants it would be otherwise. (Gilb. Rents, 37; Bac. Abr. Rents (E); 1 Tuck. Com. 22, B. II.)

6. The time for the payment of Rent; W. C.
1. The time of payment in the absence of Contract.

Rent being a retribution for the land, is payable, in the absence of contract, at the end of the year, or month, or other period assigned. (Bac. Abr. Rent (F); 1 Tuck. Com. 22, B. II.)

2h. The time of payment, when there is a Contract.

The rent is payable according to the stipulations of the contract, which, when the language is ambiguous, will always be interpreted by reference to the leading

fact that the rent is a retribution for the land. Hence, in a lease for years, a reservation of rent payable at Michaelinas and Lady-day, in even portions, is construed to mean annually. So, also, if it be payable at four feasts, without saying annually, yet it is construed to be yearly during the term. And if it be payable annually, without saying during the term, yet it is to be so construed. However, the law will not control by its general intendments the express and clear appointments of the parties. If their meaning and intention can be ascertained, full effect will be given to it. (Bac. Abr. Rent (F).)

75. The Person to whom Rent should be Reserved payable; W. C.

1h. The Original Reservation.

Must be to the lessor or his heirs, and not to a stranger, because else it would not be a return for the land; and also in order to avoid the danger of maintenance. (Bac. Abr. Rent (G); Gilb. Rents, 54.) 2. Assignment to a Stranger.

After being reserved to the lessor or his heirs, rent may, at common law, be assigned to a stranger—that is, it will pass as incident to the reversion, supposing that to be assigned; and such stranger-assignee may recover the rent at common law, by distress, or by action of debt; but he cannot have the benefit of any condition, or clause of re-entry, nor maintain an action of covenant, &c. These latter privileges were conferred on the assignee of the reversion in England by Stat. 32 Hen. VIII, c. 34, whose counterpart we have in Virginia. That statute, which was occasioned by the dissolution of the monasteries, and the embarrassments in which the grantees of their lands, as well as their tenants, found themselves involved, gave mutual redress in all cases of landlord and tenant, where the landlord grants his reversion, not only as to rent, by distress and the action of debt, but also as to conditions and covenants, on both sides, by re-entry, by the action of covenant, &c., for the breach of any stipulation whatsoever touching the land. (2 Th. Co. Lit. 84; Id. 88, & n (M, 2).) So the statute in Virginia provides that the assignee of the reversion, and his personal representatives or assigns, shall enjoy against the lessee, his heirs, personal representative, or assigns, the like advantage by action or entry for any forfeiture, or by action upon any covenant or promise in the lease, which the lessor or his heirs. might have enjoyed; and reciprocally, the lessee, his

personal representative or assigns may have against the assignee of the reversion, or any part thereof, his heirs or assigns, the like benefit of any condition, covenant or promise in the lease, as he would have had against the lessor himself, and his heirs and assigns; except the benefit of any warranty, in deed or law. And so, also, in conveyances or devises of rents in fee, with powers of distress and re-entry, or either of them, such powers shall pass to the grantee or devisee, without express words. (V. C. 1873, c. 134, § 1 to 3.)

3h. The mode of reserving rent in case of a lease, under a power to make a lease for a period exceeding lessor's own estate.

The rent in such case, and indeed in all cases, had best be reserved payable yearly, &c., during the term, and leave the law to make the distribution without an express reservation to any person. The law will distribute it to every one to whom the reversion shall appertain, during the term. (Whitlock's Case, 8 Co. 71 a; 1 Tuck. Com 23-4, B. II.)

85. To whom Rent is Payable; W. C.

1. General Rules for limitation of Rent: W. C.

11. The most comprehensive and best Rule of Reservation.

Reserve it, payable during the term, without saying to whom. The law will distribute it to the persons entitled, that is, to every one to whom the reversion shall appertoin. (Whitlock's Case, 8 Co. 71 a; Gilb. Rents, 64; 2 Th. Co. Lit. 413, n (K).)

2. If the Rent be reserved generally, without saying for how long or to whom.

The rent being a retribution for the land, is presumed to be of equal duration with the demise, and after the lessor's death, is payable to him who has the reversion. (Bac. Abr. Rent, (H); 1 Tuck. Com. 24, B II.)

3. If the Rent be reserved to the lessor, not naming heirs or executors, &c.

Where the rent is expressly limited to the lessor, and to no one else, upon the principle "expressio unius exclusio est alterius," it goes at common law, neither to the heir, nor executor of the lessor, but ceases at his death. (Gilb. Rents, 64-5; 2 Th. Co. Lit. 413; Bac. Abr. Rents, (H).) It may perhaps, be doubted if this principle would hold in Virginia, under the influence of the equity of the statue, which provides that where any real estate is conveyed with

out words of limitation, the fee-simple, or other the whole estate or interest of the grantor, &c., shall pass, unless a contrary intention shall appear by the conveyance, &c. (V. C. 1873, c. 112, § 8.)

4. If Rent be reserved to Executors, &c., when the Heir has the reversion, and vice versa.

If the words "during the term," or their equivalent, be used, the law distributes the rent to the proper person, that is to him who succeeds to the reversion; but if no such words be used, the common law rule is that the rent shall cease with the lessor's death. (Gilb. Rents, 65 & seq.; Bac. Abr. Rent, (H); 2 Th. Co. Lit. 413, n (K).) 5. If the Rent be reserved to one of two joint-tenants.

If the rent be reserved by parol, (that is not under seal), it accrues to both, following the reversion; but if the lease is by deed indented, the parties are estopped from claiming the rent save according to the deed. (Gilb. Rents, 63.)

2. To whom Rent is payable, as between heir and personal representative, after lessor's death; W. C.

1. Doctrine as to the person to whom Rent in arrear at the lessor's death is payable; W. C.

1. Doctrine as to the time when Rent is regarded as due; W. C.

11. On what day Rent is due.

If a precise day for its payment is named, then on that day. If payable on a day named, or within a given number of days (e.g., 20) thereafter, it is due on the last of the days designated. (Bac. Abr. Rent (H); Gilb. Rents, 48-9, 52; Clun's Case, 10 Co. 117.)

21. At what hour of the day Rent is due.

It must be demanded, tendered, or paid at or before sunset, or at least when there is enough of the light of day remaining to see to count it on the day when it is payable; but for other purposes (e. g., distress, &c., it is not due until midnight of that day. Hence, if the lessor dies between sunset and midnight, the rent goes to his heir, and not to his executor. (Bac. Abr. Rent (H); Gilb. Rents, 52; Clun's Case, 10 Co. 127; Ex-parte Smyth, 1 Swanst. 343, note.)

2. Effect of Lessor (himself a bare tenant for life) dying before the Rent becomes due; W. C.

11. When Lessor dies on the very day the Rent is due.

The rent is to be paid in full to the lessor's ex