case BETTISON against ELLWAYES Hilary term car b r roll queen if there be  husband and wife tenant in special tail for the jointure of the wife and after  the death of the husband the issue in tail levy a fine to a stranger whether a  lease for year make by the wife be good after her death against the conusee of  the fine SC skin ejectment the case be husband and wife tenant in special tail  for the jointure of the wife the husband die leave issue by his wife two  daughter who levy a fine the wife make a shower KB lease for sixty year the  question be whether this lease be void and within the statute of Henry c and  Henry c S Mr holt the statute disable any tenant in tail after possibility of  issue extinct or tenant in dower or for life of the provision of the husband  and leaves they just as bare tenant for life and wherever the tenant for life  take upon himself to have the disposal of the whole estate and disaffirms the  reversion to be in he who have the reversion or remainder and affirm it to be  in a stranger this be a forfeiture of his estate the objection here be because  it be no discontinuance or divest of the estate a bargain and sale be no  discontinuance and yet may bar the issue a long lease be a alienation in  mortmain because within the same mischief a acceptance of a fine with render  to a stranger for a hundred year be resolve within the statute b and a  avoidance of the wife estate by the statute threescore year possession be a  bar to the high action c that be but a writ of right by the statute of  limitation Mr pollexfen e contra all agree the mother tenant in tail  notwithstanding the statute as to all purpose but alienation now if tenant in  tail make a lease the issue may affirm or avoid the same and therefore there  be no reason why a lease for year raise by deed shall be within the statute  the case which Mr holt put be plain within the mischief of the statute for  there the issue be bind and can never avoid the lease be by fine sur grant et  render and the issue be bar by they they be plain within the statute and there  be no other within it so do a lease for life say the case of sir George brown  because the word any bar or discontinuance be within it I think that if the  wife have grant a rend by fine out of the land it will have be a alienation  within the statute so as to be avoid d the length of the term be nothing for a  lease for twentyone year if by fine will be shower KB within it such a estate  as this can be within the mischief because without the help of this statute it  may be avoid by the issue here be the alienee of the issue which be never  think on by the lawmaker we extend the word of a statute many time to prevent  the mischief intend by the statute to be remedy but never far than the  mischief which they intend to prevent e