New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-11-12
THE TRIBUNE.
REM ON Perpetual Leases.


AL o;Acg rights 10 periodical payments are mere
ANNUITIES and though they may be descendible
= he heirs Q. the grantees and then they right
Y svlei hercii,aments, yet they are but rents on
saeasn,s and therefore they not included in the
sA.u:s ~ Donis of England they may be disposed
O! Ay riR as personal estate.
In c.;,er words RENT is a freehold interest in
,i o. is an incident 10 the freehold at common law,
All when person ha, not the freehold he has not
sEEST, bu; mere annuity. Petersdorit a5t. Tit.
RSatS note !.
the Revised Statutes of New-York, Vol. lst, page
rs gives right of distressto person who has due
hin certain rent or service Testing the RICH: of
distress by this rule we find that person who holds
lSS BIZ perpetual lease, does not hold 1t either in
possession or rerersion or in remainder TO any one
besides himself
The possession. the reversion and remainder is in
himself consequently he owes no RENT or service
10 his erantor though he has covenanted to pay a
certain sum OF money yearly for his land This is not
RENT but an annuity by the law of England and
ty tue law OF New York.
The Revised Statutes do not give right Of dis
trcSs in such case.
Perpetual Leases, or conveyances in fee, do not
owe any Rent, by whatever name it may be called.
The term Rent is technical, well known to the
lsw. has precise legal meaning, and is not an an
:u'l2. Nor is an annuity a Rent
\ QuiI-Rent is annuity.
Rent Charge IS an annuity.
\ RentSeek is annuity.
a Rent of Assize is an annuity; and SO is fee
Farm Rent.
Mr.. Chambers in his Landlord and Tenant page
ST. =" The reversioon 10 which rent is Incl
dea;, aad on which the whole relation depends is
The immediate reversion. If therefore, the imme
date reversioner surrender his estate in reversion
orit become. merged by the accession OF the next
immediate estate in reversion the rent and all The
BENEFITS Of the contract are gone with It.
Rent is technical term known TO the law, for
Lord Coke observes that Q man cannot reserve TO
himself par, Of the annual profits OF the land such
ss.he pasture heritage of the demised premises
Co Lit p. l42 Such q reservation is not rent
according 10 the law of England Doctor Il Stu
dent Dial J, Chapt 90.
Barron Gilbcr. says that rent service cannot be
reserved on release that enures by way of nit
TEL estate. as where one joint tenant releases 10
another for the reeasee passes an estate in lee SIM
pie, and the release being in form, the irst fe
otor there can be no tenure OF the releasor and
consequently the rent must be seek unless there be
apower of distress in the deed-Gilbsrt on Rents,
?. IS
Lord Coke says !" q rent service cannot be re-
served on release that by way of mttter de
dro1t or by extnguishment, because in such case
there Is no regcrSiOn left in the releasor so as TO
create a tenure and therefore if a lessee surren-
ders his estate, reserving rent the reservation ID
void'-Co. Little, 1913 D.
a rent cannot be reserved on release of right
IN lnud.-Cc. Lift. IA ..
MORGAN rent be reserved upon or out of q term
Tor Years Therefore if a lessee for years assign his
term he cannot dis;rain for rent-2 Weles Reps.
375.
So when rent is granted out of land and out of
land an iucorporea hereditament or thing as crops
Inc remedy 10 collect the rent is wholly out of the
land Cro.Reps. 4 33.-2 Roll Reps. 45l
Inere IS no such thing a rent properly SO called
Known 10 The law unless the granter retains such
aa neres IN the land that the interest or right may
be sold on execution and iudgment-T. Wendell's
Reports. The People VS. Haskins
hen rent charge issues out of land, or rent
seek or rent Of assze. on quit rent or fee farm
'eA' without reversion or remainder absolute and
mol contingent, there remains right or interest
IN me SOIL TO the seller or grantor; ne has nothing
Whcn can be sold on Judgment and execution al
Common Law. The fee has passed out Of him.
Burrows Reps. 762. The King va. Stokeley, 10
H. and c. 81. The King vs.. Belfond.
Now at Common Law no reversion remains in
the grantor after he has created a conditional fee,
because tie grantee OF such estate is considered
ashaving the absolute property it, and the grantor
has Only possibility OF reverter, and not an actual
estate IL reycrson.
So in the case of grant of qualified or base fec,
no reyersion remains in the grantor. The interest
abiding in the grantor of qualified or deeasible
lee is not reversion which is an estate, but pos
sibiiiy OF rcverter.-l Prestons abs. s3-lo2
And when the grantor at common law limits a fee
IN contingency he will have only possibility OF q
Terefter and not the reversion, remaining In HIM.
so where person seized OF land In fee leases II
ioF years he has no reverson, nor can he grant II
anew by name of reversion until the first lessee
enters 4 reversion in land is held 10 be an imme-
aia'e hnal right of future enjoyment; that is. an es
e vested IN present though il is only TO take effect
In possession and profit IN future. This may be
siened and sold; and therefore. whcro man grants
laad by perpetual lease, he has no reversion-no-
thing 10 sell.
And II a perpetual lease is granted on condition,
uhe condition gives the grantor right until the
CONDITION shall have been broken, winch the law
P'esumes II never will be; and therefore an estate
laA'eo on condition subsequent, carries over the
Zee as perfectly TO the grantee grant in fee alb
so.e'e; ~Onont restriction or condition.
Suca oeinS the law, rent is due on perpetual
'eIse ppt an annui;y.-L umley Annuities, P. %.
~ no hent Is due then the Revised Statutes do
moi give right OF distress
Na,hlnG IN the Revised Statutes hsve been passed
tess
The Statute Of " George II, Chap % never has
oeen passed in this State Wendell Reps
The People W. HoSStns. This Statute gave the
Nght OF distress 10 persons who held Rent. Seek
:, Rents Of Assize and Chef Rents on Quit Rents
ms Statute is get forth in Evans British Statutes
P Ies aad is as follows, TO wit:
The Statute of 4, George II, Chap. 2s, Section )
Tys'-" Whereas, The remedy for recovering
.'sN't seek, Rents Of Asst=e and chtet Rents OF
sAH Rests, are odiouS and diG;cpH, Be II enacted
I ma all and every person shall and may have Tho
nAe remedy in cases of distress in cases OF Rent'
IseS RsHts of Issue chef Rents in case ei {
atS7 reserved upon lease, any law or usage to the
S'nnFary notwithstanding"
Inc wording OF the British Act is very diisercn
,.orh that OF the / Revised Statutes, p. 49, The
,O'os eertctn rcnts used in Statute. Thu
,eans II II means anything. rent as contradia;ln
e'"co foIl an annuity. or qntt rent rent choTge
'eats by Inc law of England and the relation OIL
'A"u'ofd and tenant does mol exist under them.
GEORGE CLINTON, Jr.
SAD AccIDEsr.-A daughter Of Mr. Lqciua shaw
=, dla'ie Columbia Co while working AT her loom
r., ehe 81 The village mills had the scalp IRON
te'1 ~ getting her hair cntangIed among the
.II'ofy She IA not expected 10