LEASE

A conveyance of lands or timements to a person for life, for a term of years, or at wlll, in consideration of a· return of rent or some other recompense. The person who so conveys such lands or tenements is termed the "le or," and the person to whom they are conveyed, the "le ee";" and when the le or so conveys lands or tenements to a le ee, he is said to lease, demise, or let them. 4 Cruise, Dig. ·58.. A conveyance of any lands or tenements, (usually 1n consideration of rent or other an• nual recompense,) made tor life, for years, or at will, but always for a le time than the,e or has in the premises; tor, if it be for!;he whole interest, it is more properly an as- /ilignment than a lease. 2 BI. Comm. 317; Shep. Touch. 266; Watk. Conv. 220.' And see. Sawyer v. ·Hansen, 24 Me. 545; Thomas v. West Jersey R. C., 101 U. S. 78, 25 L. Ed. 950; Jackson v. Harsen, 7 Gow. (N. Y.) 326, 17 Am. Dec. 517; Lacey v. Newcomb, 95 Iowa, 287, 63 N. W. 704; May berry v. John-. son, '15 N. J. Law, 121; Milliken v. Faulk, 111 Ala. 658, 20 South. 594; Craig v. Summers, 47 Minn. 189, 49 N. w. 742, 15 L. R. A: 236; Harley v. O'Donnell, 9 Pa. Co. Ct. R. 56. A contract in writing, under seal, whereby a person having a legal estate in be red it aments 1 corporeal or incorporeal, conveys a portion ot his interest to another, in consideration of a certain annual rent or render, or other. recom• pense. Arcbb. 'Land!. & Ten. 2. "Lease" or "hire" is a synallagmatic con- 'tract, to which consent alone is.sufficient, and by which one party gives to the other the enloyment of a thing, or his labor, at a fixed price. Civil Code La. art. 2669. When the contract is bipartite, the one part is called the "lease," the other the "coun• terpart." In the United States, it is usual that both papers should be executed by both · parties; but in England the lease ls executed by the le or alone, and given to the le ee, while the counterpart is executed by the le ee alone, and given to the le or.. · -Concurrent lease. One granted for e. term which is to commence before the expiration or other determination of a previous lease of the same premises made to another person; or, in other words, an a ignment of a part of the reversion, entitling the le ee to all the rents accruing on the previous lease after the date ' of his lease and to appropriate remedies against the holding tenant. Cargill v. Thompson, 57 Minn. 534, 59 N. W. 638.-Lease and release. A!Jl}ecies of conveyance much used in England, said to have been invented.by Serjeant Moore, soon after the enactment of the statute of uses. It Is thus contrived: A lease, or rather bargain and sale upon some pecuniary consideration for one year, is me.de by the tenant ·of the freehold to the le ee or bargain• ee. This, without any enrolment, makes the bargalnor stand seised to the use of the bargainee,. and.vests in the bargainee the use of the term for one year, and then the statute immediately anne:r:es the po e ion. Being thus in po e ion, he is capable of receiving a releasi, of the freehold and reversion, which must be made to the tenant in po e ion, and aceordiagl.I_ the ne:r:t day a release Is granted to hi1Ro~ The lease and release, when used ·as [s. 712]