The Revised Reports (Volume 51); 1785-1866

This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1901. Not illustrated. Excerpt: ... date, and consequently the last half-year's rent would become due Aldebman at the end of a half-year after the term had expired. It is much Neate. more probable that the rent should be made payable within the term, than after its expiration, as in the latter event the landlord's remedy by distress would be gone. We think it would have been better if the Courts had not given so wide a construction to instruments of this nature; but on consideration of all the cases taken together, we cannot avoid the conclusion, that a stipulation 72i for the execution of a lease in futuro does not necessarily contradict the notion of an instrument of this description amounting to a present demise. Besides, the agreement in this case containing the stipulations usually found in actual leases, goes far to prevent the doubt and uncertainty which such an agreement might otherwise produce; and the specific agreements for repair and payment of rent amount to a proviso that the lease shall be put an end to if the rent is not paid and the repairs not performed. For all these reasons we think that the lease in this case took effect from the date of the agreement. The next question is, whether, supposing this to be a lease, it vested in the overseers of the poor, under the 59 Geo. III. c. 12, s. 17. That question has been ingeniously argued before us; we do not, however, consider it as being res integra, inasmuch as it has been decided by the Court of Queen's Bench (l) that the statute does apply in all cases; and as the agreement here is a grant of property to be used for a poor-house, we think it is within the provisions of tbe statute, and accordingly that the property is vested in the overseers for the time being. Our judgment must therefore be for the plaintiffs (2). Judgment...