coke a William CLUNS case mich James which be enter boundary Sanctoe Trin a  James rot in b r rend upon a lease for year if the lessor shall so long live  be reserve Payable at the four usual feast or within thirteen week after after  Ladyday but within the thirteen week the lessor die her executor bring debt  against the lessee for the rend due at ladyday hold upon demurrer the action  be not maintainable SC cro James Leon William Clun executor of whether  breather be plaintiff against Henry archer defendant and demand debt and  declare that the say whether breather that Nov year James king by indenture of  the same date demise to the say Henry one message two mill one garden and  diverse land in Coopersale in Essex from the Feast of saint Michael the  Archangel then last pass for fifty year if the say whether shall so long live  reddendo et solvendo pro omnibus predictpremissis fa nn ceA I MBreather  executor et assign nest annuatin whithersoever you please year durante  continuation dignissionis predict ad dognum gndnsionalem John archer in Witham  pr6ed plenariam top trigint sex a balance bonce et of monetce England ad  quatuor jesta sive boundary in year usual videlicet festa birth dom Jesit  Christ annunciationis bedtce Mari maiden birth consecrated JohBapt consecrated  mich archangel well infra tresdecem septignanas neighbor post who prd a day  festival per cook cequales portion by force of which the say Henry archer  enter into the say tenement and have and hold they usque ad et post jest  annunciationis beatce marim maiden year royal power king nunc know usque they  April year say in addition to quo indeed die April predict Anna a d Coo sal  bring of pu peg e ce Ctobiit and for for the quarter due at the Feast of the  annunciation year say in addition to he coke b bring this action upon which  declaration the defendant demurrer in law and this case be often argue at bar  and now this term it be argue by the justice Houghton dodderidge croak and the  chief justice and it be resolve that the action of debt be not a maintainable  and because two are instrument ad all men res candidate for confirmation et  impugnan d ratio autharitas first I will report the reason of this resolution  and then diverse authority in the point and three reason of this resolution be  show because the b disjunctive be add for the benefit of the lessee and it be  more for his benefit to have the last day in which case there be two day of  payment one voluntary and that at the election and liberty of the lessee to  pay it at the day of the say feast the other day of payment be at the end of  the thirteen week after and that be the c extreme and legal time and therefore  forasmuch as the say whether breather die before the extreme and legal time  the lessee be d discharge of the rend by the act of God for the same quarter  vide hill and Granges case Plo Com the most extreme time be the legal time and  it be to be know that in case of payment of rend issue out of land there be  four time of payment the first time of payment voluntary and not satisfactory  and yet good to some special purpose the second voluntary and in case  satisfactory and in case not the three legal and satisfactory absolute and not  coercive the four legal satisfactory and coercive as to the first if the  lessee donee or tenant pay his rend before the day it be a Leon Cr James b Cr  James   a roll Cr Elizabeth Cr James c Cr James   b   light a d Cr Elizabeth  Cr James postea a coke report a er p voluntary e and not satisfactory for the  cause render in the three reason a but if it be pay in the name of seize of  the rend although it shall not V enure by way of satisfaction yet it shall  give a sufficient seize to this purpose to have his assize or other remedy for  the law take delight in give remedy and therewith agree light cap attornment b  vide e b e e execution h h e as to the second if the rend be Payable at the  feast of easter if the tenant pay the rend in the morning and the lessor die  at two hour before noon of the same day this payment be voluntary and yet it  be a good satisfaction against the heir b but not against the king a e b as to  the three legal time be a convenient time before b the last instant of the day  which be the most extreme time and be satisfactory and not coercive for till  the end of the day no remedy be give by the law h a c as to the four that be  when the rend be due and in arrear and therefore it be well say by the poet c  judge duty be ut res ita lempora a thing Qurere quasito tempore tutus hedgehog  coke a the second reason be when the lessee do not make d payment at the first  day accord to his election then the rend be absolute due at the second day and  the second day be as well parcel of the reservation as the first day and  therefore after the nonpayment at the first it be now upon the matter as much  in law as if it have be reserve e at the second day only for when the whole  election be pass as in Elizabeth if f a man by deed grant a rentcharge to one  and his heir and do not say for he and his heir and die now the time of  election to make it a at the first nod be pass and therefore if the grantee  bring a writ of annuity against the heir and it shall not discharge the land  because when no election remain it be as much in law as if there never have be  any election and therefore upon the book in king bar e e execute e this case  be put if one I october make a lease for year or for life or a gift in tail  yield by the year a pair of gild spar at the feast of easter or twenty  shilling at the feast of saint Michael the Archangel in this case if the  lessee do not pay the spur at the feast of easter nothing be due till the  feast of saint Michael the three reason be because the rend reserve be to be  raise out of the profit of the land and be not due until the profit be take by  the lessee for these word e roll Rep a therefore if there be a condition of  reentry in the lease for nonpayment of rend rend pay be re the day W in not  save the condition if on demand it be not pay at the lie Lord Cromwel v  Andrews cro Elizabeth but it seem that such a payment will in equity be deem  satisfactory Vid Lord Rockingham v Penrice as report by Mr swanston in his  note to ex part smyth I Swanst f   a and ref ib b the case of Lord Rockingham  v Penrice as report I p wms salk seem contra but it appear from Mr Swanstons  note exparte smyth I Swanst that the rend be pay not on the day but before the  day of payment a Brownl hard Yelv b   light a Cr James   b c rend it seem  shall be tender at such a period before sunset as leaves sufficient time for  count the money Tinckler v apprentice taunt Vid Mr Swanstons note ex part  smyth I Swanst c   a   light a Bulstr d roll Rep e Leon and f die pl Poph    light b roll hob Plowd a Br estate Br annuity Fitzherbert Annu h a d this seem  a mistake for if a man grant a rend in fee without say for he and his heir his  heir can be charge in a annuity vin ab annuity b pl note in sergeant hill copy  coke report b er p g reddendo ind or reservand ind be as much as to sa that  the lessee shall pay so much of the issue and profit at such day to the lessor  for h reddere ind nothing other be how receipts restiluere seu reddere be  quasi retro dare and To give back to say a reddeno because retro it know to  the lessor donor c as provent aproviendo and meet ab obvienendo and that be  the reason that the rend so reserve be not due or Payable before the day of  payment incur because it be to be render and restore out of the issue and  profit and that be the reason that if the land be evict I or if the lease  determine before the legal time of payment no rend shall be pay for there  shall never be a apportionment in respect of part of the time as there shall  be upon a eviction of part of the land f and therefore if tenant for life make  a lease for year render rend at the Feast of easter and the lessee occupy for  three quarter of the year and in the last quarter before the Feast of easter  the tenant for life a die here shall be no apportionment of the rend for three  quarter of the year because no rend be due till the Feast of easter and no  apportionment shall be in respect of time but in the same case if part of the  land have be b evict before the Feast of easter and the Feast of easter incur  in the life of the lessor there shall be a apportionment of the rend but not  in respect of the time which well continue but in respect that parcel of the  land lease be evict f coke b and g   light b a palm I   light b Cr James   a  dyer pl Plowd b e when the lessor enter tortiously into or upon part of the  land and evicts the lessee the rend shall not be apportion   light b walker  case   b Hodgkins v Robson and Thornborough I Ventr SC lev Pollexf keb if the  lessor act ministerial as sheriff in evict the lessee such eviction will not  suspend the rend Fochell v Doncastell more Vid note salmon v smith sand Bac ab  rend l note b Rawlyns case   a a Cr James Cr Elizabeth b   light b f by stat  two Geo cap where any tenant for life shall happen to die before or on the day  on which any rend be reserve or make Payable upon any demise or lease of any  land tenement or hereditament which determine on the death of such tenant for  life the executor or administrator of such tenant for life shall and may in a  action on the case recover of and from such undertenant or undertenant of such  land tenement or hereditament if such tenant for life die on the day on which  the same be make Payable the whole or if before such day then a proportion of  such rend accord to the time such tenant for life live of the last year or  quarter of a year or other time in which the say rend be grow due as aforesaid  make all just allowance or a proportionable part thereof respective before the  statute be pass it have be determine that if a lessor or a grantee of a  rentcharge for life die on the day of payment though before the last instant  at which the rend be Payable the rend shall not be lose thus in southern v  Bellasis I p William n where the grantee of a rentcharge die between sunset  and midnight of the day of payment his administrator be declare at law entitle  to the rend and where a tenant for life with lease power have grant lease some  by virtue of his interest and other by virtue of his power reserve rend  Payable at Michaelmas and ladyday and die on michaelmasday about noon Lord  Macclesfield declare his representative entitle to the rend accrueing under  the former lease on the distinction that it have actual become due to the  tenant for life and his right to it be vest in he by the continuance of the  term through some part though not to the last instant of the day of payment  but the rend accrueing under the latter lease be declare to belong to the  person entitle in remainder for the term continue notwithstanding the death of  the lessor the tenant have till the last inshant of the day of payment the  rend be Payable on those day during the term to pay the rend and it be  therefore never complete due to the lessor but follow the reversion earl of  Strafford v lady Wentworth Prec in Charles in Norris v Harrison mad where a  tenant for life have grant lease in conformity to his coke report a er p this  difference appear in our book e b in debt a against executor declare that  their testator grant he a pension of to remain with he in the king war at the  time that he shall be reasonable warn to take at four time of the year equal  and show further that be go with he to Calais by the warning of their testator  and be their arm and demand judgement and pray his debt to which the defendant  say that for the first quarter he be pay and a Fitzherbert Det power and die  before midnight though after sunset on the rend day the remainderman be  declare entitle to the rend Vid also duppa v Mayo sand Mr Swanstons note ex  part Symth Swanst the statute Geo apply to those case only where the lease be  not bind on the remainderman or reversioner if therefore tenant for life with  a lease power make a lease in conformity to his power and die before the rend  day the rend will not be lose but will go to the remainderman and can be  apportion Vid the opinion of Lord Kenyon note b ex part Symth I Swanst but if  such tenant for life make a lease not warrant by his power and the interest of  the lessee determine with the life of the lessor the rend be apportionable ex  part smyth I Swanst whether the Act extend to a lessee of tenant in tail who  estate be determine before the rend day by the death of tenant in tail have be  much dispute Vid paget v gee ambler Vernon v Vernon bro c c Hawkins v Kelly  Ves ex part smyth I Swanst and Mr Swanstons note ib p Mr Evans note statute  part class nineteen No Vol go p d edit Whitfield v pindar c b hill cite  Rawkins v Kelly Ves seem to be a authority that at law a lease by tenant in  tail be within the statute in equity where the tenant have pay the whole rend  to the successor the personal representative of the lessor will be entitle to  a apportionment without reference it will seem to the case be within the  statute but on the principle that the money be pay in respect of the enjoyment  of the subject be understand as pay to the use of the person from who that  enjoyment be derive and the principle of apportionment be therefore time  Hawkins v Kelly Ves Aynsley v Wadsworth Ves beam but Vid William v Powell east  Mr Swantons note ex part Symth Swanst court of equity will not apportion land  tax and quit rend between the representative of the tenant for life and the  tenant in remainder the statute of Geo not be applicable to that case Sutton v  chaplin Ves perjodical payment of every description become due at fix interval  be not apportionable by the commonlaw annuity therefore be not apportionable  pearly v smith atk Howel v Hanforth black Rep dividend on money in the fund be  not apportionable pearly v smith where sup Hashleigli v master bro c c  Sherrard v Sherrard atk Wilson v Harman Ves SC Ambl but where the annuity be  for the separate maintenance of a feme covert live apart from her husband and  be secure by a bind with a penalty and judgement have be obtain upon the bind  and a rule have be enter into by consent that the judgement shall stand as a  security with leave to apply to the court to take out process of execution  from time to time whenever any arrear shall accrue the court of commonlaw will  permit execution to be take out for the proportional arrear of the annuity  since the last quarter day Howell v Hanforth black Rep but where a annuity be  leave to the separate use of a wife who be live with and maintain by her  husband equity will not make a apportionment Anderson v Dwyer I Sch Lef where  annuity be leave for the maintenance of infant equity will decree a  apportionment up to the day of their death c because it will be difficult for  they to find credit for necessary if the payment depend on their live to the  time of the annuity become due Howell v Hanforth black Rep hay v palmer p wms  where a annuity be make Payable quarterly and be secure by the bind of a  testator who will charge his real in aid of his personal estate and be direct  by a order of chancery to be pay halfyearly at midsummer and Christmas the  annuitant have coke report a er p show forth a acquittance and before the  second quarter end the testator die and demand judgement of the action and  Mowbray of counsel with the plaintiff move since you do not deny the pension  to be grant as one entire by the year upon a condition which we have perform  know that we have remain with he we pray the debt but Wilby chief justice by  the rule of the court award that the plaintiff shall take nothing by his writ  because there shall be no apportionment in respect of part of the time  although it happen by the act of God vide e h e h Br apportionm if I be bind  to you by bind of to be pay at four usual feast of the year by equal portion  the obligee shall not have a action of debt before all the term incur the same  law of a contract cx but if a rend be reserve on a lease for year at four  usual feast of the year the lessor shall have a action of debt after the first  day and shall not stay till the whole be due because it be account in law as a  reservation of parcel of the issue and profit of the land which be no debt  before the day as in the say case of a bind or contract and that be the true  difference betwixt the case of the bind and a rend reserve on a lease for year  in light b vide f n b and note a difference betwixt a recognizance of a debt  Payable at several day for that be not like a bind but a rend reserve on a  lease for year vide mark a dyer another difference betwixt a covenant or  promise and a contract or bind vide mark action sur Le case Br e execute and e  ibidem vide e for authority in the point I have see a report of a case mich h  in the time of Baldwin chief justice of the common plea that it be the opinion  of all the justice that if a man seize of land in fee I die odob make a lease  of the same land for ten year from the Feast of saint Michael then last pass  yield to he and his heir the yearly rend of at the Feast of saint Michael the  Archangel or within one month after that in this case if the lessor die  between the Feast of saint Michael and the end of the month that the heir b  shall have the rend as incident to the reversion and not the executor as rend  behind because it be not due till the end of the month coke a the same law if  the lessor betwixt the say two day have grant the reversion over and the  tenant attorned the grantee c shall have the rend as incident to the reversion  and mich p m Pri ldeaux sergeant move Montague chief justice and the other  justice of the common plea that if a man make a lease for year yield a yearly  rend at the Feast of easter or one month after with condition die between  ladyday and midsummer her representative be declare entitle to the arrear due  at ladyday web v lady Shaftsbury Ves with respect to interest Interest be due  de die in diem be not one entire thing but be a aggregate of many distinct  thing it be obvious therefore that the representative of a party die before  the day at which interest be usual Payable will be entitle to interest up to  the time of the party death nor be the principle vary by reason that the money  in respect of which the interest be claim be secure on mortgage Edward v  countess of Warwick p wms SC I bro c c note hay v palmer p wms or by a bind  with a condition reserve the interest by halfyearly payment banner v low Ves  general there can be no apportionment in the case of a entire contract unless  indeed a agreement to that effect can be imply thus with respect to the common  case of a hire servant such a servant though hire in a general way be consider  to be hire with reference to the general understanding upon the subject that  the servant shall be entitle to his wage for the time he serve though be do  not continue in the service during the whole year per Laurence I cutter v  Powell TR Vid vin ab in bret v I S and wife cro Elizabeth the court be of  opinion that a contract for tabling be apportionable g Vid dote a c walker  case   a a die pl Cr car   b roll Rep Cr James   a b Cr James Cr Elizabeth Oph  leg Leon Yelv Brownl keb e Cr James king b way coke report b er p of reentry  and the lessee d tender the rend at the last instant of the Feast of easter if  the lessor may enter upon demand make at the last instant of the month and it  seem not because the lessee have liberty to pay it then and the difference be  take betwixt the say disjunctive reservation and when the reservation be at a  certain feast and a condition be add that if it he behind by the space of a  month after the feast that then the lessor shall reenter there the lessee for  the salvation of his lease can tender it at the last instant of the feastday  because he have not such liberty and election as in the other case and it be  say by the new sergeant that in the time of the Lord Baldwin it be resolve by  all the justice that in the say case of the disjunctive reservation if the  lessor die betwixt the two day the heir shall have the rend and not the  executor which case the chief justice show in court report by a ancient and  learned bencher of the Inner temple Trin Elizabeth in the king bench rot  betwixt smith plaintiff and bustard defendant where the case be in effect that  smith lease certain land for year yield yearly a rend of at the feast of saint  Michael and the annunciation of our lady or within twelve day after each of  the say feast Payable at the fontstone in the temple church upon condition  that if the say rend of or any part of it he behind and not pay per prd  interval dierproxpost some prdfeslorum seu a day loosing i7ide prout supradiet  be that then the say lease shall be void and it be adjudge that the lessee in  safeguard of his lease shall have twelve day a after the first twelve day so  pay the say rend for when the rend be not pay at the first day it be as much  as if it have be reserve upon the twelve day after and where it be say per prd  interval a day post c by good construction all the word ought to take effect  see post some prdfestor seu a day loosing ind and die loosing be the twelve  day after the feast and therefore the lessee shall have twelve day after the  twelve lie which be die loosing post Jestum c and that for the lessee great  advantage for who benefit further time be give and these words predict S ati p  um a day stand right in good sense see per predict spalium a day postprodict  die for that be predict interval although they have not the same coke b  beginning as the other have and so the qure in p m well resolve and adjudge  Trin Elizabeth in common Bancointer b Pilkington and Dalton the case be a  parson of a rectory make a lease for year render rend at the Feast of saint  Michael or within one month after the lessor die ten day after the Feast of  saint Michael and the plaintiff be bar by judgement of the court because the  lessor c die before the rend be due pasch Elizabeth in the king bench the case  be the lady Elizabeth paulet late the wife of Chedwick Lord paulet seize of  the manor of wade in the county of Southampton for her life by deed indent  lease the say manor to William paulet for ninetynine year if the say dame  Elizabeth shall so long live yield the yearly rend of at the feast of saint  Michael the Archangel and the annunciation of our lady or within forty day  after each of the say feast William paulet make Dulcibel his wife executrix  and die Dulcibel take to husband John more Esq the lady Elizabeth paulet make  Edward Walgrave her executor and die the that day after the Feast of saint  Michael her executor bring a action of debt for the half year end at the Feast  of saint Michael before the death of the lady Elizabeth and totan curian  contraquerentem but by entreaty of some of the justice John more give the  plaintiff and in the case at bar judgement be give quod to express grief  nothing she piatper hillan g d Cr Elizabeth more Plowd b   light a Leon godb a  die pl pl pl Plowd b die pl b Swinb keb c Cr Elizabeth Cr James Bulstr Brownl  Brownl Yelv g if rend be make Payable at ladyday and Michaelmas yearly or  within ten day after and the lease end at Michaelmas the ten day after the  last Michaelmas as they will be out of the term shall be reject rather than  the lessor shall lose the rend Berwick v foster Yelv coke report b er p