steward,' does not seem altogether to correspond with the principles established in the older cases. Adams, 119. 2 Camp. 96. -18. As to the person to whom the notice should be given: When the relation of landlord and tenant subsists, difficulties can seldom occur as to the party upon whom the notice should be served. It should invariably be given to the tenant of the party serving the notice, notwithstanding a part or even the whole of the premises, may have been underlet; and such tenant will be liable to an ejectment, at the expiration of the notice for the lands in the possession of his undertenants, although he may, on his part, have given proper notices to them, and delivered up such parts of the premises as were under his own controul. Adams, 119. 2 N. R. 330., et vide 14 East, 234.-19. When the premises are in the possession of two or more, as joint-tenants, or tenants in common, a written notice to quit, addressed to all, and served upon one only, will be a good notice. Adams, ibid. 7 East, 551. 20. And it seems also that a parol notice given to one co-tenant only will bind his fellow. Adams, ibid. 5 Esp. 196.-21. When a corporation aggregate is the tenant, the notice should be addressed to the corporation, and served upon its officers, and a notice addressed to the officers will not be sufficient. Adams, 120. 8 East, 228. - 22. As to the mode of serving the notice: it may be delivered to the tenant personally, or left at his usual place of abode, although the same should not be upon the demised premises; though it seems doubtful in the latter case whether the service will be considered sufficient, if the person to whom it is delivered should swear, upon the trial, that no intimation thereof had ever been given to the tenant in possession. Adams, ibid. 4 T. R. 464.— 23. It is much to be regretted, says Mr. Adams, that a point of such general importance to the proprietors of land, should not be more clearly settled; but difficulties arise upon both sides; for whilst on the one hand, it would be an extreme hard case if landlords were prevented from ejecting tenants, who might be absent from the kingdom, or from other causes incapable of receiving information of the delivery of the notice; so it would, on the contrary, be equally injurious to tenants, if they could be suddenly ejected from their possession, when, from the fraud or negligence of those about them they had received no previous intimation of the landlord's intention to determine their tenancy. Adams, 121. — 24. It was ruled by Lord Ellenborough at nisi prius, that a notice to quit, addressed to the tenant of the lessor of the plaintiff (who had underlet the premises), and served on the premises, upon the son of the undertenant, was improperly served, and the plaintiff was nonsuited: No evidence was given that the notice had not reached the lessor's tenant, and the action was defended by the undertenant. Doe d. Mitchell v. Levi, Adams, 121. n.-25. As to the form of the notice: it is not necessary that it should be in writing, except when required to be so under some express agreement between the parties. Adams, ibid. Willes, 43. 1 Blk. 533. 5 Esp. 196. 2 Camp. 96. -26. But it is nevertheless the general practice to give written notices, and it is a precaution which should always, where possible, be observed, as it prevents mistakes, and renders the evidence certain and correct. Adams, ibid.-27. It is customary also to address the notice to the tenant in possession; and it is perhaps most prudent to adhere to this form; though if proof can be given that the notice was served personally upon him, it is thereby rendered unnecessary. Adams, 122. 4 Esp. 5. 28. Care should be taken that the words of a notice are clear and decisive, without ambiguity, or giving an alternative to the tenant; for although the courts will reluctantly listen to objections of this nature, yet if the notice be really ambiguous, or optional, it will be sufficient to render it invalid, as far at least as the action of ejectment is concerned. Adams, ibid. — 29. The notice however must contain a real, and bonâ fide option, and not merely the appearance of one; though if it appear clearly from the words of the notice that the landlord had no other end in view, than that of turning out the tenant, it will be deemed a notice sufficient to found an ejectment upon, notwithstanding an apparent alternative. Thus the words, I desire you to quit the possession, at Lady-day next, of the premises, &c. in your possession, or I shall insist upon double rent,' have been held to contain no alternative; because the landlord did not mean to offer a new bargain thereby, but only added the latter words as an emphatical way of enforcing the notice, and shewing the tenant the legal consequences of holding over. Adams, 125. Dougl. 175.-30. Where the notice was to quit on the 25th day of March, or 8th day of April next ensuing,' and was delivered before new Michaelmas day; it was held to be a good notice, as being intended to meet an holding commencing either at new or old Lady-day, and not to give an alternative. Adams, ibid. 4 Esp. c. 5.-31. Upon the same principle the court will not invalidate a notice on account of an ambiguity in the wording of it, provided the intention of the notice be sufficiently certain. And therefore an impossible year has been rejected. Adams, 124. 7 T. Ř. 63. — 32. In like manner where there was a misdescription of the premises in the notice, which could lead to no mistakes, the house being described therein,

therein as the Waterman's Arms instead of the Bricklayer's Arms, and no sign called the Waterman's Arms was in the parish, the notice was deemed a valid one. Adams, ibid. 4 Esp. c. 185.-33. When a notice is given to quit at Michaelmas, or Lady-day, generally, it will not be deemed an ambiguous notice, but will be considered primâ facie, as expiring at new Michaelmas, or new Lady-day, open however to explanation, that old Michaelmas, or old Lady-day, was intended; and if it appears that the customary holdings where the lands lie, are from old Michaelmas, or Lady-day, or even that in point of fact the tenants entered at old Michaelmas or Lady-day, though no such custom exist, the notice will be binding upon him. Adams, ibid. 1 Esp. 197. 2 Camp. 256.34. As to the time of expiration of the notice: A demise not for one year only, but from year to year,' has been held to constitute a tenancy for two years at least, and not determinable by a notice to quit at the expiration of the first year. Adams, 125. 4 East, 31. et supra.- 35. The same interpretation has also been given to a demise for a year, and afterwards from year to year.' Adams, ibid. 1T. R. 378. 380. et supra.—36. Though where the demise was for twelve months certain, and six months' notice afterwards,' it was held at nisi prius, that the tenancy might be determined at the expiration of the first twelve months. Adams, ibid. 2 Camp. 573.37. Where the demise was to hold for three, six, or nine years, generally, without any stipulation as to the manner in which, or the party by whom, the tenancy might be determined, at the end of the third or sixth year, the tenancy was held to be determinable, at the two earlier periods, at the will of the tenant only, and by a regular notice to quit; and that as against the landlord, the demise operated as an indefeasible one for nine years. Adams, 126. 3 B. & P. 399. 7 Ves. 231. 38. If the produce of the demised lands take two years to come to perfection, as if it be liquorice, madder, &c., the tenancy will enure from two years to two years, and cannot be determined by a notice to quit at the end of the first or third year. Adams, ibid. 2 Blk. 1171. — 39. It has before been stated generally, that by the common law, the notice necessary to be given to a tenant, is a notice for half a year expiring at the end of his tenancy; and that a notice expiring at any other period will not be sufficient. This notice is frequently spoken of in the books as a six months' notice, and the distinction seems to be, that when the tenancy expires at any of the usual feasts, as Michaelmas, Christmas, Lady-day, or Midsummer, the notice must be given prior to the corresponding feast, in the middle of the year of the tenancy; whilst if it expire at any other period of the year, the notice must be given six calendar months previous to such expiration. Adams, 127.-40. And though in a report of a MS. case in Esp. N. P. 460., it is said, that a notice given on the 30th day of September, being the day after Michaelmas-day, to quit at Lady-day following, was ruled by Heath J. to be a sufficient notice; yet, says Mr. Adams, some particular circumstances, not noticed by the reporter, must, it is conceived, have occasioned the judge's decision, since the principle laid down in the report is in opposition to every authority upon the subject: probably the tenant entered at old Lady-day. Adams, 126. n. 41. It was once contended, that the principle that a notice to quit must expire at the end of the year of the tenancy, did not extend to houses as well as lands, and that in cases where houses alone were concerned, six months' notice, at any period of the year, would be sufficient, but the court considered that the same inconvenience might arise in the one case, as in the other, since the value of houses varies considerably at different periods of the year; and therefore held, that the tenant of a house was entitled to the same privileges, with respect to the notice to quit, as the occupier of land. Adams, 127. 1 T. R. 159.—42. It should however be observed, that this rule extends, with respect to houses, to those cases only in which the tenancy enures as a tenancy from year to year, and that the notice required will refer to the original letting, and be regulated by the local custom of the district in which the house is situated, whenever it happens that a shorter term than twelve months is intended to be created by the letting; although no particular period be mentioned. This chiefly happens in the case of lodgings; and the custom, for the most part, requires the same space of time for the notice, as the period for which the lodgings were originally taken; as a week's notice when taken by the week, a month's notice when taken by the month, and so forth. Adams, 128. 1 Esp. c. 94.43. A quarterly reservation of rent will not dispense with the necessity of a six months' notice; though it seems that if the tenant accept in such case, a three months' notice, without expressing either his assent or dissent to it, it will be presumptive evidence of an agreement, that a notice for three months should be sufficient. Adams, ibid. 1 Esp. c. 565.44. When a special agreement is made between the parties, empowering them to determine the tenancy by a shorter notice than the one required by the common law, or obliging them to give one for a longer period, the notice must, nevertheless, expire at the end of the year of the tenancy, unless some express agreement to the contrary be made; though

it seems that if it be not a tenancy from year to year, determinable at a quarter's notice; but a demise for one year only, and then to continue tenant and quit at a quarter's notice,' the notice may expire at the end, though not in the middle of any quarter. 1 Taunt. 555.45. When the custom of the country, where the premises are situated, requires a notice for a different period than half a year, as for instance, a tenant under the yearly rent of 40s. is entitled by the custom of London, to only a quarter's notice, the custom will be allowed by the court; but it must be strictly proved, and the witnesses must not speak to opinion, but facts. Adams, 129. Skin. 649. Peake's C. 5 Co. Litt. 270. b. n. (1). — 46. Difficulties will sometimes arise as to the period of the commencement of the tenancy, and when a regular notice to quit on any particular day is given, and the time when that term began is unknown, the effect of such notice, as to its being evidence or not of the time of the commencement of the tenancy, will depend upon the particular circumstances attending its delivery. Adams, 130.47. If the tenant having been applied to by his landlord respecting the time of the commencement of his tenancy, has informed him that it began on a certain day, and in consequence of such information a notice to quit on that day is given at a subsequent period, the tenant is concluded by his own act, and will not be permitted to prove that in point of fact the tenancy has a different commencement; nor is it material whether the information be the result of design, or ignorance, as the landlord is in both instances equally led into an error. Adams, 150. 2 Esp. C. 635. — 48. In like manner if the tenant at the time of the delivery of the notice, assent to the terms of it, it will waive any irregularity as to the period of its expiration; but such assent must be strictly proved; thus the words, I pay rent enough already, and it is hard to use me thus,' have been held not to amount to an acceptance of the notice, but to be merely the words of an angry man. Adams, ibid. 4 T. R. 361. — -49. It was formerly held, that a notice to quit on any particular day, was always primâ facie evidence of a holding from that day; but this doctrine is now exploded, and no such presumption will arise unless the delivery be to the tenant personally, and he then read the contents, or they be explained to him, without any objection being made on his part as to the time of the expiration of the notice; though if the delivery be attended with these circumstances, the proof of the time of the commencement of the tenancy, will still be thrown upon the tenant. Adams, 131. 1 T. R. 161. 2 Camp. 387. 647. 13 East, 405. 50. When the landlord is ignorant of the time when the term of his tenant commenced, a notice to quit is sometimes given, not specifying any particular day, but ordering the tenant in general terms to quit and deliver up the possession of the premises at the end and expiration of the current year of his tenancy thereof, which shall expire next after the end of one half year from the date of the notice.' Adams, ibid. 2 Esp. C. 589. 51. And since the overruling of the doctrine, that a notice to quit on any particular day, is primâ facie evidence of a holding from that day, it is, perhaps, the most prudent plan to give such general notice, whenever any doubts exist as to the time of the commencement of the tenancy; or, as will hereafter appear, the substantial time of the entry upon the lands. Adams, 152. - 52. The onus of proving the time when the tenancy commenced, will still, however, be thrown upon the landlord, unless any special circumstances attending the delivery of the notice take the case out of the general rule. Thus, where a general notice was delivered on the 22d of March, to quit at the expiration of the current year, &c. and on the 16th of January following, a declaration in ejectment was delivered to the tenant, laying the demise on the 1st of November, and the tenant on the receipt of this declaration made no objection to the notice to quit, nor set up any right to the possession of the premises, but said that he should go out as soon as he could suit himself with another house; it was ruled at nisi prius, that these circumstances were primâ facie evidence of a holding from Michaelmas. Adams, 132. 2 Camp. 559.— 53. When a remainder-man receives rent from a person in possession under a lease granted by by the tenant for life; but void against the remainder-man, and thereby creates a tenancy from year to year, the time at which a notice to quit, given by such remainderman must expire, will be regulated by the terms of the lease, and not by the time of the death of the tenant for life. Adams, 133. 7 T. R. 478. 1T. R. 159. 1 H. Bl. 97. 54. And the principle is the same if the tenant hold under a parol lease void by the statute of frauds. 5 T. R. 471. 55. From which cases it seems, that if there be a lease for years, commencing on one day and terminating on another, a tenancy created by the landlord's receipt of rent, after the expiration of the lease, will be held to commence at the latter day. Adams, 134. — 56. It seems also that this principle extends to persons coming into possession after the expiration of the lease, as assignees of the lessee or his assigns. Adams, 134. 5 Esp. 173. 57. And where a tenant, who held over after the expiration of a lease, had been a tenant from year to year, previously to the commencement of the lease, and the time of the expiration of such prior tenancy, was different from the time of the expiration of the tenancy under the lease,

(G 12.) What shall not be a good determination.

But it shall not be a good limitation of the determination of a lease, if the reference be to a thing possible, or casual, which has not express certainty as, for so many years as an infant en ventre sa mere shall live. Semb. 6 Co. 35. b.

age.

Or, for so many years as till issue en ventre sa mere shall come to full 6 Co. 35. b. (q)

So,

he was nevertheless considered as holding on according to the tenancy created by the lease. Adams, ibid. 11 East, 512. - 58. When the demise is by parol, and in general terms, as to hold from Michaelmas to Michaelmas, it will be prima facie considered as a holding from New Michaelmas to New Michaelmas; but if a notice to quit at Old Michaelmas be given, evidence is admissible to shew, that by the custom of the country where the lands lie, such tenancies commence at Old Michaelmas, and the notice will then be sufficient; but such evidence will not be admitted if the original demise be by deed to hold from the feast of St. Michael, &c.' though the tenancy be created by a holding over, after the expiration of the term, and the original entry was at Old Michaelmas. Adams, 135. 1 Esp. C. 197. 2 Camp. 256. 11 East, 312.- 59. A tenant sometimes enters upon different parts of the land at different periods of the year, although all are contained in one demise, and the notice to quit must then be given with reference to the substantial time of entry, that is to say, with reference to the time of entry on the substantial part of the premises demised; no notice being taken of the time of entry on the other parts which are auxiliaries only, though the tenant will be obliged to quit them at the respective times of entry thereon. Adams, ibid. 6 East, 120.60. This substantial time of entry, it has been contended, must be determined by the times when the rent is payable, &c.; but it is holden to depend, either upon the general custom of the country where the lands lie, or upon the relative value and importance of the different parts of the demised premises; and of these facts it is the province of the jury to determine. Adams, 136. 2 Blk. 1224. 6 East, 120. 7 East, 551. 11 East, 498.61. As to the waiver of a notice to quit: The acceptance of rent, accruing subsequently to the expiration of the notice, is the most usual means by which a waiver of it is produced, but the acceptance of such rent is open to explanation, and it is the province of the jury to determine with what views, and under what circumstances, the rent is paid and received. Adams, 159.-62. If the money be taken nomine pœnce, as a compensation for the trespass, or with an express declaration that the notice is not thereby intended to be waived, or accompanied by other circumstances which may induce an opinion that the landlord did not intend to continue the tenancy, no waiver will be produced by the acceptance; the rent must be paid and received as rent, or the notice will remain in force. Ibid. Cowp. 243. 2 Camp, 387. 6 T. R. 219.63. The notice may also be waived by other acts of the landlord; but they are all open to explanation, and the particular act will, or will not, be a waiver of the notice, according to the circumstances which attend it. Adams, 140. 2 East, 236. Doe, d. Digby v. Steele, Adams, 141. n. 1 T. R. 53. 10 East, 13. 64. In cases, however, where the act of the landlord cannot be qualified, but must of necessity be taken as a confirmation of the tenancy as if he distrain for rent accruing after the expiration of the notice, or recover in an action for use and occupation, the notice will of course be waived. Adams, 142–144. 1 H. Blk. 311.-65. But it seems that a pending action for such use and occupation will not be sufficient to invalidate the notice. Adams, ibid. 1T. R. 378. — 66. By 8 Ann. c. 14. s. 6. & 7., a landlord is allowed to distrain within six calendar months after the determination of a lease for life, for years, or at will, provided his own title or interest, and the possession of the tenant, from whom such rent became due, be continuing.

(q) 1. If, says Lord Coke, 1 Inst. 45. b. the parson of D. make a lease of his glebe for so many years as he shall be parson there, this cannot be made certain by any means, for nothing is more uncertain than the time of death.-2. To which the Annotator subjoins, but if livery is made on such a lease, perhaps it may be sufficient to pass a freehold to the lessee during the life or incumbency of the lessor. See New Abr. tit Leases.-3. But, continues Lord Coke, if he make a lease for three years, and so from three years to three years, so long as he shall be parson, this is a good lease for six years, if he continue parson so long, first for three years, and after that for three years; and for the residue uncertain. -4. To which the Annotator from Hal. MSS. subjoins-But vid. Noy, fol. 143, n. 635. Lease from three years to three years till the

So, if a lease be till 201. be received out of the profits of land, which

(G 13.) When a lease shall be void.

But a lease, (r) which cannot take effect in interest except by possibility, if it be not an estoppel, shall be void (s): as, if tenant in fee leases by parol to A. for nine years, and the same day to B. for nine years, the lease to B. shall be void. Pl. Com. 432. (t)

But a lease by a bishop, &c. confirmed by dean and chapter, shall not be void by his death, though it be not pursuant to the st. 32 H. 8. Nor, a lease by a parson, or vicar, if it be confirmed by patron and ordinary. R. 2 Lev. 61.

expiration of ten years shall be a lease for nine years, and the law rejects the last year because not computed by three.—5. He adds, see New Abr. tit. Leases. L. 3. p. 433. (r) 1. A lease for years reserving rent after the rate of 181. a-year, is void for uncertainty. 4 Mod. 78. - 2. And if Ă. seised of land in fee, lease it to B. for ten years, and it is agreed between them that B. shall pay to A. 100l. at the end of the said ten years, and that if he do so, and shall pay the said 100/., and 100l. at the end of every ten years, that then the said B. shall have a perpetual demise and grant of the premises from ten years to ten years continually, following extra memorium hominum, &c. this, although it be a good lease for the first ten years, is void as to all the rest for uncertainty. Shep. Touch. 273.-3. So if the lessor grant the land to another to have and to hold to him for and during all the residue of the term of one hundred years that shall be to come at the time of the death of the grantor, this is void for uncertainty; though had he granted all his estate, or term, or interest, it had been otherwise. Ibid. 274.-4. So it is said if a lease be made to A. for eighty years, if he live so long, and if he die within the said term or alien the premises, that then his estate shall cease; and then he doth further by the same deed grant and let the premises for so many years as shall remain unexpired after the death of A. or alienation, to B. for the residue of the said term of eighty years, if he shall live so long; in this case the lease to B. is void; for after the death of A. the term is at an end; but if he say for the residue of the eighty years, it is otherwise. Ibid. - 5. So a lease made to another until a child in its mother's belly shall come to the age of twenty-one years, is not good. Ibid.-6. So if A. make a lease to B. for so many years as A., and B., or either of them shall live, not naming any certain number of years, this cannot be a good lease for years. Shep. Touch. 275.-7. So if the parson of Dale make a lease of his glebe for so many years as he shall be parson there; this is not, neither are there any means to make it, certain; and yet if a parson shall make a lease from three years to three years so long as he shall be parson, this is a good lease for six years, if he continue parson so long, and for the residue void for uncertainty. Ibid. 8. So if I make another a lease of land, until he be promoted to a benefice, this is no good lease for years, but void for uncertainty. Ibid. — 9. So if I have a piece of land of the value of 201. per annum, and I make a lease of it to another, until he shall levy out of the profits thereof 100%., this is no good lease for years, but void for uncertainty; though if I have a rent charge of 20l. per annum, and let it to another until he shall have levied 100/., this is a good lease for five years. Ibid. — 10. And note, that in all these cases of uncertain leases made with limitations as aforesaid, as until such a thing be done, or so long as such a thing continue, &c., if livery of seisin be made upon them, they may be good leases for life, deterininable upon these contingencies, albeit they be no good leases for years. Ibid.

(s) If lands be leased under an entire rent, parcel of which the lessor has no title to demise, as where, being demiseable under a power, he has neglected to pursue it; the lease is void pro tanto only, and the rent, being rent-service, is apportionable. 2 M. & S. 276.

(t) Semble, that if pending a lease, a new lease not und seal, to commence before the first has expired, but to continue beyond the day of its expiration, be made, it not only passes no present interest (for the only present interest it can pass is a reversion, and for that a deed is requisite) but it will not take effect from the expiration of the first. 4 M. & S. 30.

So