ing rent of an outgoing tenant after the expiration of his term, or goods of a third party, being upon the land, are distrained for the rent charge, which he is thus compelled to pay, he has no claim against the landlord or occupier to recover the money as paid to their use, because they are not discharged from any liability by the payment (o).-By Tenant leav14 & 15 Vict. c. 25, s. 4, "If any occupying tenant of charge unland shall quit, leaving unpaid any tithe rent charge paid. which he was by the terms of his tenancy legally or equitably liable to pay, and the tithe owner shall give notice of proceeding by distress for recovery thereof, it shall be lawful for the landlord or the succeeding tenant or occupier to pay such tithe rent charge, and to recover the amount against such first named tenant or occupier in the same manner as if it were a debt by simple contract." from co owners. A right of contribution is given by statute between Contribution co-owners of land subject to the same rent charge. By 5 & 6 Vict. c. 54, s. 16, "In case any land charged with one amount of rent charge shall belong to two or more landowners in several portions, and the owner of any one. of such portions or his tenant shall have paid the whole of such rent charge or any portion thereof greater than his first proportion," he or his tenant may proceed to claim contribution from the other landowners; jurisdiction is given to two or more justices of the peace to determine the proportion of contribution and to order payment of the amount with costs; and thereupon the claimant may take the like proceedings for enforcing payment of the amount and with the like restriction as to arrears as are given to the owner of the rent charge (p). rent charge By the Commutation Act, s. 69, "Every rent charge Assessment of payable as aforesaid instead of the tithe shall be subject to for rates and ante, p. 400. See Willoughby v. Willoughby, 4 Q. B. 687; Christie v. Barker, 53 L. J. Q. B. 537. (0) Griffinhoofe v. Daubuz, 5 E. taxes. all parliamentary, parochial, and county, and other rates, charges, and assessments in like manner as the tithes commuted for such rent charge have hitherto been subject." The assessment of the rent charge for income tax is made upon the net annual value, deducting rates and taxes and the necessary costs of collection (1). Release of rent to the tenant. SECTION II. EXTINCTION AND APPORTIONMENT OF RENTS. Release of rent-discharge of land from rent. Merger of rent in the possession of the land charged-possession of part of the land-possession for limited estate-possession by act of law. Merger of rent service-merger of reversion to which rent incident. Eviction of tenant by lessor-eviction by title paramount-eviction of grantor of rent charge. Apportionment of rent-by partition of the rent-by partition of the reversion—partition by act of law-partition by tenant. Apportionment of conditions-under the Conveyancing Act, 1881. Apportionment of rent to time at common law-in equity-apportionment by terms of limitation. Apportionment by statute-between lessor and lessee-between successive owners of rent. Apportionment Act, 1870-rent apportioned between real and personal estate-between tenant for life and remainderman-between assignor and assignee of lease. A release of rent service by the landlord to the tenant of the land operates by way of extinguishment of the rent; "for the tenant cannot have service to be taken of himself, nor can one man be both lord and tenant” (a). A release of rent charge to the tenant of the land charged operates in the same manner; because "a man cannot have land and a rent issuing out of the same land" (b). If a man have a rent charge he may release to the tenant (a) Stevens v. Bishop, L. R. 19 Q. B. D. 442; 57 L. J. Q. B. 283. (a) Lit. s. 479; Co. Lit. 280 a. (b) Lit. s. 480; Co. Lit. 280 a. of the land more or less, and reserve part (c). And he may do the same with rent service (d). At common law a release of part of the land from a Discharge of rent charge primâ facie discharged the whole land, and land from extinguished the rent, because the rent being entire and issuing out of every part of the land, could not be thrown exclusively upon the rest of the land, nor apportioned to the several parts, without the consent of the owners of the land. An owner of land, upon the release of part from a rent, may make it chargeable upon the residue; which amounts to a new grant of a rent out of that part of the land (e).-Now by the statute 22 & 23 Vict. c. 35, s. 10, it is enacted that "the release from a rent charge of part of the hereditaments charged therewith, shall not extinguish the whole rent charge, but shall operate only to bar the right to recover any part of the rent charge out of the hereditaments released; without prejudice nevertheless to the rights of all persons interested in the hereditaments remaining unreleased and not concurring in or confirming the release." Under this enactment a release of part of the land with the concurrence of the owner or owners of the unreleased part leaves the unreleased part primâ facie chargeable with the whole rent. A release of part of the land without the concurrence of the owner or owners of the unreleased part operates without prejudice to their rights, and therefore leaves the unreleased part chargeable with only a proportionate part of the rent; for the right of the owner of part of land chargeable with an entire rent, upon being compelled to pay more than his share, is to have contribution from the other owners, in proportion to their respective shares (ƒ). Rent, whether rent service or rent charge, is merged and extinguished by the owner of the rent acquiring pos (c) Co. Lit. 148 a. (d) Lit. s. 538. (f) Booth v. Smith, L. R. 14 Q. B. D. 318; 54 L. J. Q. B. 119. rent. part of the land. session of the land out of which the rent issues for an estate equal to or greater than his estate or interest in the Possession of rent (g). But if the owner of the rent acquire possession of part only of the land, there is a difference in the effects upon a rent charge and upon a rent service. “If a man hath a rent charge to him and to his heirs issuing out of certain land, if he purchase any part of this to him and to his heirs all the rent charge is extinct and the annuity also; because the rent charge cannot by such manner be apportioned" (h). "If the grantee of a rent charge purchase parcel of the land, and the grantor by his deed, reciting the said purchase of part, granteth that he may distrain for the same rent in the residue of the land, this amounteth to a new grant, and the same rent shall be taken for the like rent or the same in quantity" (i).—So, if a person grant a rent charge upon certain land, and afterwards devises to the grantee of the rent charge a part of the land out of which it issues, which the devisee accepts, the whole rent charge is thereby extinguished; and that without regard to the intention of the testator (j). -If the owner of the rent acquire possession of the land for an estate less than his estate in the rent, the rent is suspended only, and not extinguished, and it will revive upon the determination of his possession of the land. Thus, a rent charge for life is suspended by the grantee accepting a lease for years of the land; and it revives upon the determination, forfeiture or surrender of the lease (). And possession of part of the land under such circumstances suspends the rent for the whole (7). Possession for limited estate. Possession by act of law. If part of the land charged comes to the owner of the rent by descent, the rent is apportioned according to the value of the land, because the land comes to him not of his own act, but by course of law. So also if the rent (9) Freeman v. Edwards, 2 Ex. (4) Lit. s. 222; Co. Lit. 147 6. (j) Dennett v. Pass, 1 Bing. N. C. 388. (k) Peto v. Pemberton, Cro. Car. 101. (1) Co. Lit. 148b; Hodgkins v. Robson, 2 Lev. 143; 1 Vent. 277. comes by descent to the owner of part of the land, the rent is apportioned (m). 66 "But if a man which hath a rent service purchase Merger of parcel of the land out of which the rent is issuing, this rent service. shall not extinguish all, but for the parcel only. For a rent service in such case may be apportioned according to the value of the land" (n). " As if a man maketh a lease for life or years reserving a rent, and the lessee surrender part to the lessor, the rent shall be apportioned. So if the lessor recovereth part of the land in an action of waste, or entereth for a forfeiture in part, the rent shall be apportioned" (o). If the rent service be such that it cannot be apportioned, as the delivery of a horse, hawk, or other indivisible chattel, if the lessor purchaseth parcel of the land, the entire service is extinguished because it cannot be claimed for part only of the land (p). reversion to incident. Rent service being incident to the reversion of the Merger of demised estate was extinguished at common law by which rent merger of the reversion in the inheritance; as where service tenant for term of years demised for a less term at a certain rent, leaving in himself the reversion of the original term, and afterwards acquired the reversion in fee, or assigned the reversion of his term to the reversioner in fee, the rent service became extinguished with the reversion to which it was incident (9). But now by 8 & 9 Vict. c. 106, s. 9, it is enacted "that when the reversion expectant upon a lease of any tenements or hereditaments shall be surrendered or merged, the estate which shall for the time being confer as against the tenant under the same lease the next vested right to the same tenements or hereditaments shall, to the extent and for the purpose of preserving such incidents to and obligations on (m) Lit. s. 224; Co. Lit. 149 b. (n) Lit. s. 222. (0) Co. Lit. 148 a. (p) Lit. s. 222; and see Lit. s. 314; 6 Co. 1 b, Bruerton's Case; 8 Co. 104 b, Talbot's Case. (q) Webb v. Russell, 3 T. R. 393; Thorn v. Woolcombe, 3 B. & Ad. 586. |