coke b the bishop OF bath case Trin James in the common plea follow Austin v  Newham KB a lease be make to a and b for year with a clause of reentry  immediate after the death of a and b and of the long liver of they within the  term after the death of a within the term another lease of the same land be  make to c habendum et to take into possession when the former lease shall  determine after or by the death surrender or forfeiture of the say b hold the  second lease shall commence either after the reentry by force of the proviso  if any be and if none then after the determination and end of the first term  by any of the other mean that every lease for year shall have a certain  beginning be to be intend when it be to take effect in interest or possession  that the continuance of a lease for year ought to be certain be to be intend  either when the term be certain by express number of year or by reference to  certainty or by reduce it to certainty by matter ex post facto or by  construction of law by express limitation when a lease for year shall be make  good by reference the reference ought to be to a thing which have express  certainty at the time of the lease make and not to a possible or casual  certainty a demise for the term of one year and so from one year for a year as  long as both party shall please be but a lease for three year at most coke  report a er p if a lease be make for year it be a good lease for two year a  void limitation of the commencement of a lease for year and no limitation be  all one in construction of law on the commencement of lease the construction  shall be the strong against the lessor and most beneficial for the lessee if a  man make a lease for year to commence after the surrender forfeiture  determination or end of a former lease the lessee shall not have election but  whichever event shall first happen on the happen of it the second lease which  before consist in interest termini shall begin in possession SC Cro James in  replevin between Bellamy plaintiff and fish defendant fish make conusance as  bailiff to William Lord h for damagefeasant the plaintiff say that before the  Lord W h have any thing the bishop of have and well be seize of the manor of  Blackford whereof c in his demesne as of fee in the right of his bishopric and  afterward the last of September h by write make a lease to Elizabeth cousin  widow and Robert cousin her son of the say manor for year a die destroying the  same scribe without action of attacking huge with reservation of rend and  further to see in advance to be per idem scribe quod si prd Elizabeth Robert  infra dict termin to swim up to go quod tune statin immediate post departure  the same e r eastern of one another still further viven bene liceat prfato  bishop successor nest in manor prd cum pertinent reintrare the say Elizabeth  die and Robert survive her the bishop die and another be elect and consecrate  c who the last of August h by write demise the say manor to one clark habend  occupand manor prd eiden clark executor assign nest cum post sive per death up  return well forisfacturam prd Robert cousin to fall upon to be empty for  threescore year with confirmation of the dean and chapter and afterward the  bishop grant the reversion of the say manor to the say Lord W h and the tenant  attorned and afterward Robert cousin within the say first threescore year die  and the second lessee die and the interest of the second lessee come to the  plaintiff and the defendant demurrer on the bar to the avowry the question in  this case be two whether the second lease shall ever commence admit it shall  commence when it shall commence as to the first it be object inasmuch as the  second lease be coke a limit to commence on one of three accident that be to  say when the former lease shall determine by death a Cr James roll Rep godb a  or surrender or forfeiture if none of these accident happen that the second  lease which be to commence on one of they shall never commence for it be say  suppose the lessee have survive the first term without any surrender or  forfeiture the second term shall never commence for the term ought to commence  at the time that the lessor himself limit it and at no other time and if the  commencement be uncertain or on a accident which never happen or on a  contingent or a condition impossible the lease be void for every lease for  year ought to have b   light b Plowd a carter b a certain beginning  continuance and end vide say case pi Com h b h b mark Br lease it be object  that if the second lease shall commence at all it shall commence by the c Cr  James c death of the lessee for this accident happen and not the other two and  by their death it shall not commence for by the death as this case be it can  not commence in possession for the say proviso in the first lease do not make  the lease void on the death of the lessee but give reentry to the lessor and  his successor so that till reentry notwithstanding the death of the lessee the  lease continue and therefore forasmuch as the second lease be to commence  after the avoidance of the first lease by the death of the lessee for this  cause either it shall never commence or the term of the second lease shall  commence from the time of the death of the survivor of the lessee as to the  first it be answer and resolve that it be true that every lease for year ought  to have d   light b roll d a certain beginning but that be to be intend when  it be to take effect in interest or possession then the Com coke report b er p  mencement ought to be certain for a lease for year may be make on a condition  or contingent precedent as if I e roll   light b pi Com a carter e grant to  you that if you pay I twenty pound at Michaelmas next follow that you shall  have my manor of d for one and twenty year now it be uncertain whether it will  commence or not and in the mean time till the payment of the money it be not  any lease but it be sufficient that the commencement be certain when it be to  take effect in interest or possession so it be true that the continuance of it  ought to be certain but that be to be intend either when the term be make  certain by express number of year or by reference to a certainty or by reduce  it to a certainty by matter ex post facto or by construction in law by express  limitation as first if a lease be make for twentyone year or any coke b other  certain term c it be good for the certain enumeration at the first by  reference to certainty as if one lease the manor of d to I S for f roll    light b roll Rep Bulst f as many year as I have in the manor of S and he have  a term for ten year I S shall have the like term so if a lease be make to  another during the g pi Com a Rep b g minority of I g and he be of the age of  ten year now this be a good lease for eleven year if g shall so long live but  if the wife of I be great with child with a son and a lease be make until the  issue in ventre sa mere shall come to full age this be not a lease for year  for at the time when the lease be to take effect it be uncertain when the son  will be bear and by consequence the commencement continuance and end thereof  be uncertain and when a lease for year shall be make good by reference the  reference ought to be to a thing which have express certainty at the time of  the lease make and not to a possible or casual certainty and therefore if a  roll pi com b   light a b n a I have a rend of twenty shilling per annum in  fee issue out of black acre Payable yearly at the Feast of easter and I grant  the same rend to you till you shall have receive of the same rend one and  twenty pound in this case you shall have this rend for year for it have  reference to a express certainty videlicet to a yearly rend which be twenty  shilling per annum in certain but if a man b roll b n c Bulst Leon b lease  land of the value of S per annum till one and twenty pound be levy of the  issue and profit it be but a lease at will without livery for it be not  certain that the land shall be every year of one annual value and so it be  resolve pasch Elizabeth per totan curian in common banc when a lease shall be  make good by matter ex post facto it be resolve if a mail make a lease from  the Feast of saint Michael for as many year as I S shall c roll   light b  Plowd a b Cr Elizabeth more   b c name in this case if I S name a certain term  in the life of the lessor it be a good lease by matter ex post facto so it be  of all lease which be to commence on a condition precedent and as to Polkins  case in d roll h b palm d h b which be cite by the counsel on both side in  this case where the case be that potkin h demise a wood to the defendant to  commence at the Feast of saint Michael next follow pro term One striving e  roll Rep Bulstr Bulstr   light b roll Noy Lutw salk e such de to make one year  in annum Interrog  both birth to please and there two justice against two a as  to the duration of such a lease Vid den v Cartwright east birch v wright TR  dod v monger Mod agard v king cro Elizabeth Harris v Evans will sc ambler anon  Mod Gostwicke v mason Mod a it be now resolve per totan curian that in such  case after three year ad maximum it be but a lease at will because beyond that  the term have not any certain continuance or determination and on the matter  be no other than if one demise land for such term as f roll bro lease I Bac ab  lease l f both party shall please this be but a lease at will because the term  be altogether uncertain but if a man lease his land for year coke report a er  p it be a good lease coke a for two year because it shall be take good for  such a number with which at least the plural number will be satisfy and that  be with two year it be also resolve that it be usual when the g   b h b   b    Plowd a g k s lease be doubtful whether it be good or not and another be to  take a lease of the same land he will make his habendum to commence if any  former lease be c after the end or determination of the former lease and if  there be no lease then from such a feast for a certain number of year and God  forbid but that these lease shall be good and effectual for in the judgement  of law it have a commencement sufficient certain for in the eye of the law the  former demise be either good or void and therefore in the king case which be  strong than the case of a common person such lease have by construction of law  a commencement certain enough so if a a Benl pl roll pl b n c b p a recite  that b have a lease for year demise the land to c for year to commence after  the end or determination of the former lease and in truth there be not any  former lease the lease to c shall commence present for in judgement of law a  void limitation of a commencement and no limitation be all one as to the  second objection it be resolve that in construction of law on the commencement  of lease the strong shall be take against the lessor and most beneficial for  the lessee and in this case it be true that the first lease can determine by  the death of the lessee because on their b car James b death a reentry be give  so that till reentry the lease can determine by their death and forasmuch as  there be not any reentry in truth the first lease determine by effluxion of  time and not by c Cr James c death surrender or forfeiture but the word of the  habendum of the second lease be not only cum per death c to be empty to touch  send cum post sive per death c to be empty to touch and although the first  lease do not become void per death yet certain it be that it become void  videlicet by effluxion of time post death of the lessee forasmuch as both die  before the determination of the lease and as have be say the strong  construction shall be take against the lessor and the most beneficial for the  lessee cart cro car hob Co Lit 46 b   a dyer pl 28 116 pl iroll lAnd 3 pl Br  lease and that be that the second lease shall commence either after the  reentry by force of the proviso if any be and if there be none then after the  determination and end of the first term and Wrotesleys case in pi a be cite d  cart dyer pl d where a woman lessee for year take husband and the wife die and  he in reversion lease the land for year to commence after the term demise to  the husband where in truth the first demise be make to the wife and by act in  law transfer coke b to the husband and yet by reasonable construction it be  there resolve that the land be by the woman demise to the husband to make the  lease have a good commencement it be also agree in this case that the second  lease do vest present in point of interest and do not depend in contingency to  take effect in possession or at the end of the former term if by none of the  three accident the first lease become void in the mean time and which of they  shall first happen the lease shall commence for it be resolve that if a man e  light Rep side e make a lease for year to commence after the surrender  forfeiture determination or end of a former lease in this case the lessee have  not any election to have the second lease either on the surrender or  forfeiture or end as he shall elect but which of they shall first happen the  second lease which before consist in interest termini shall begin in  possession and therefore suppose that in such case the first lessee surrender  to the lessor the second lessee can elect that his lease shall commence after  the expiration of the term but present by the surrender his lease come in  possession and from that time the year coke report a er p of the second lease  shall incur for these word which of they shall first happen be imply in law