cclxxviii wood and Chivers case in ejection strong between wood and Chivers  the case be that the bishop of Salisbury let the same Chivers the manor of  Lanington for year for rend Payable at four usual feast upon condition that if  the rend be behind by the space of three month after any of the feast in which  c then a reentry the bishop die after confirmation I S be create bishop who  grant to r the office of receiver of all his revenue c exercend per see well  prune away suum and afterward the bishop make a special letter of attorney to  the say r to demand the rend and if it be behind to reenter r at the last day  of the three month come to the capital message of the say manor a hour before  the set of the sun for to demand the rend due at midsummer then last pass but  none be there on the part of Chivers the lessee to pay the rend for which r  leave his servant in the ball of the say message command he to stay there and  if any come to pay the say rend that he give to he notice thereof and  afterward he go out of the same house and walk in a lane which be within the  gate of the house and do not return into the house until the sun be set and  then he return and because the rend have not be pay be dig a clod of the land  in the name of the bishop and so reenter and afterward the bishop let the say  manor to W for three year by deed sign and seal and because Chivers continue  his possession notwithstanding the reentry be make also a letter of attorney  to m to enter into the say manor in the name of the bishop and oh deliver the  say deed of the say lease to the say W upon Leonard the land as bis deed and  these two deed the bishop in his chamber deliver to the say W but not as his  deed but be say unto he here be the lease and a letter of attorney to m and be  shall enter in my name and deliver to you the deed of his upon the land as my  deed upon the land whereupon he take the two deed and deliver they over to m  who by force thereof enter upon the land c a exception be make because it do  not appear here that the bishop deliver the letter of attorney to m himself  nor to the use of m and then it may be take that the deed of letter of  attorney be deliver to m to keep only and not as his deed but that exception  be now allow for it be hold that the livery in the manor be good enough and so  the letter of attorney sufficient for id all deed of feoff in which letter of  attorney be contain the livery of the deed be to the feoff only and no mention  make of any delivery to the attorney for by such letter of attorney no  interest be to pass but only a authority and note it be resolve by all the  justice that in the computation of these three month there ought to be allow  to every month day and now we be to see if this rend be well demand because  the demand be make a hour before sunsetting and then the party go out and walk  in the lane till the set of the sun without any other demand and it be move  that this walk in the lane which be not a common highway but a private way and  that the house of the say farm be of the one side of the lane and the farmland  on the other and so the land parcel of the farm and then his walk there be a  continuance of the demand quod Catlin to go away be the lane a highway or not  for the manor be on both side and it be agree by all the justice that if the  lessor come to Leonard er p the land before the last hour videlicet in the  morning or in the afternoon and demand the rend and afterward go off the land  and be not there at the last instant of the day the same be not a sufficient  demand although that return be present after the sun be set and by Gerrard  attorneygeneral if the lessor come upon the land at the last day before the  last instant as in the morning c and demand the rend and continue there upon  the land till the sun be set without make any other demand yet the demand for  the manor be good enough for his presence there be the continuance of the  demand quod to be concession per totan curian and by Catlin if the lessor  after his demand in the morning depart off the land and before the last  instant return and stay upon the land till sunsetting there be the continuance  of a demand without any further demand which Wray chief justice to go away and  it be hold in this case that where r leave his servant in Leonard the house to  stay there and to signify to he that if any person come to pay the rend that  that be not any continuance of the demand for r himself be but a servant and  he in that business can not make a servant and Catline say that the bishop  himself may by word command his servant to demand a rend and to make a reentry  quod to be concession but in our case r have not command his servant to make  any demand and so here upon the whole matter be not any sufficient demand and  so Wray chief justice say