bacon plaintiff against waller defendant enter Termin mich James b r rot a  replevin avowry roll r Ro Abr in a replevin William Waller the avowant confess  the lease make to one Winchcomb who make another lease to John Waller from the  day of may who assign this lease unto William Waller the avowant be also seize  of the freehold for the whole term but one day and avow by reason of this  lease now as a lease make maii habendum a datum for year and from the day of  the date upon this avowry the other demurrer in law and for cause show that  here be a departure from the lease first allege and by which the avowant claim  and if no departure yet here be a surrender of that lease be make to he who  have the freehold the first question move when this lease shall begin S be  make the of may habendum a datum whether it shall begin the say day of may or  not to this purpose Claytons case coke pars fol remember and Elizabeth dyer  fol a case between Powel and nanney be likewise urge which be termin Trin Q  James in Scaccario where a lease be make in like manner as in this principal  case and the difference there take where the day be parcel of the computation  of time and where it be parcel in point of interest Elizabeth dyer fol the  case of a enrolment where the day shall be exclusive and where not and a case  which be termin mich James b r enter termin Trin James b r rot Lluellen Morgan  case a monmouthshire case where a lease be make maii habendum a datum present  time and declare upon a lease make a die act of giving the jury find the lease  to be a datum present time the question be whether this have maintain his  declaration it be adjudge that this find of the jury be pursuant to his  declaration that the declaration be good and Lluellen accord recover and in  this case by the judgement of the court a lease make habendum a datum a die  act of giving be all one as to the second question whether here be any  surrender of the lease or not the case for this be that lessee for year make a  lease to the lessor for all the term except one day it be urge that the lessor  have this as a disjoin lease and not as a sur Bulstrode endear be possess by  virtue of the lease and seize by virtue of his freehold coke chief justice I  will not in this case have demurrer upon this avowry but will have plead unto  it we will peruse the record that have be cite the Bulstrode er p best way be  to waive the demurrer be a desperate course of practice and to plead to the  body of the matter and so to put the truth of the matter in issue as touch the  surrender if lessee for year grant unto his lessor all his term except one  year this be no surrender clear and so likewise it be if there be a save to  himself a month a week or a day this be no surrender and this S very clear  that he shall have this as in several the main and principal point be a lease  make habendum a datum a die act of giving whether this be all one or not as to  this the whole c agree in opinion accord to the judgement give in Lluellins  case that the same be all one that the avowry be good and no departure and  that unless the demurrer be waive and a plea to issue by the rule of the court  judgement to be give for the avowant