Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/337

 Ch. 20. mentioned tatute on bihops, to certain other inferior corporations, both ole and aggregate. From laying all which together we may collect, that all colleges, cathedrals, and other eccleiatical, or eleemoynary corporations, and all parons and vicars, are retrained from making any leaes of their lands, unles under the following regulations: 1. They mut not exceed twenty one years, or three lives, from the making. 2. The accutomed rent, or more, mut be yearly reerved thereon. 3. Houes in corporations, or market towns, may be let for forty years; provided they be not the manion-houes of the leors, nor have above ten acres of ground belonging to them; and provided the leee be bound to keep them in repair: and they may alo be aliened in fee-imple for lands of equal value in recompene. 4. Where there is an old leae in being, no concurrent leae hall be made, unles where the old one will expire within three years. 5. No leae (by the equity of the tatute) hall be made without impeachment of wate. 6. All bonds and covenants tending to frutrate the proviions of the tatutes 13 & 18 Eliz. hall be void.

thee retrictive tatutes there are two obervations to be made. Firt, that they do not, by any contruction, enable any perons to make uch leaes as they were by common law diabled to make. Therefore a paron, or vicar, though he is retrained from making longer leaes than for twenty one years or three lives, even with the conent of patron and ordinary, yet is not enabled to make any leae at all, o as to bind his ucceor, without obtaining uch conent. Secondly, that though leaes contrary to thee acts are declared void, yet they are good againt the leor during his life, if he be a ole corporation; and are alo good againt an aggregate corporation o long as the head of it lives, who is preumed to be the mot concerned in interet. For the act was intended for the benefit of the ucceor only; and no man hall make an advantage of his own wrong. Rh