case sir paul Tracey against John Dutton Hilary term James roll if a female  lessor marry the lessee be bind to take notice of the coverture and pay his  rend to her husband for if he pay it to the wife without the husband consent  he will be liable to pay it over again lev vent Mod palm queen in debt on a  lease reserve a rend with a nomin pnae for every day it be in arrear whether a  demand be not necessary for every day forfeiture debt for three hundred and  thirtythree pound upon a lease by Ann his wife dumb sola to be to the  defendant render five hundred and seventy pound per and at the annunciation  and saint Michael with a nomin pnae of forty shilling for every day the rend  shall be arrear after thirty day from any the say feast and show that a  marriage be have between they saint September James and afterward at  Michaelmas James the rend of two hundred and seventyfive pound be in arrear  and that upon that October James he demand the rend and for the rend of two  hundred and seventyfive pound and fiftyeight pound for several sum forfeit  nomin pnae for twentynine day after the demand the action be bring upon non  debet plead a special verdict be find that the plaintiff wife that September  James demand this rend of two hundred and seventyfive pound of his son who pay  it and that the husband that October James demand the rend and none be there  to pay it and that in fourteen day after the payment he hear thereof and  disassented and bring the action the first question be when a feme covert  receive from her lessee the rend the lessee not have notice of the coverture  for here it be not find that the lessee have any notice of the marriage  whether this payment be good against the husband for it croak throw be agree  on both side if a wife receive rend from the tenant of her husband land it be  not any payment no more than a mere stranger for she have nothing to do by law  with the receive of her husband rend the question be whether this receipt of  rend upon a lease make by the wife herself before the coverture the lessee not  have notice of the coverture there be no countermand of the payment of the  rend to the wife be good or no and it be resolve by the court that this  payment of rend to the wife be no payment but the husband may well demand and  recover it again and although it be allege that the lessee may peradventure  pay it not have notice of the marriage for it may be the wife be the lessor  come to demand it and he be by condition or bind peradventure bind to the  payment of his rend pay it to her who be his lessor in preservation of his  estate or bind and it will be hard to enforce he to pay it again and be a  dangerous case for lessee in proof thereof be cite Henry pl that payment to a  feme covert executrix be good and   Mallorys case Richard Attorn   yet the  court say that the lessee be to do it at his peril and the payment to the wife  be not material for by such pretence femes covert shall receive their husband  rend without their authority which be not Allowable wherefore for that point  they resolve for the plaintiff for the principal debt second it be move that  although this action lie for the rend of two hundred and seventyfive pound yet  it lie not for the sum demand to be forfeit nomin pnae and if it be good for  the nomin pnae of forty shilling yet be demand upon the that October and no  demand be allege beside that day it be a penalty upon every day and as several  nomin pnae he ought therefore for every day forfeiture to have demand it for  without a demand and nonpayment upon demand there can be any forfeiture vide  blow   mands case croak James er p new bk of Ent and of this point the court  doubt whether he may have any forfeiture without express notice give and  whether it be as a several penalty for every day or as one entire penalty for  all the day after the demand and nonpayment until the defendant plead payment  or tender they will not resolve whereupon Yelverton be of counsel for the  plaintiff say he will relinquish the penalty and pray judgement for the rend  and so as to that point it be adjudge for the plaintiff