
    Bayly against Lawrence.
    
    Where & tenant is dispossessed by an enemy, he ought to pay rent only for the time lie peaceably enjoyed, and not for the time he was prevented by the casualties of war.
    COVENANT for rent in arrear, brought on a lease of a ship-yard at Iiilton~Head, for 10 years, dated the 6th of June, 1774. Defence — that the defendant was driven off by the casualties of war, and deprived of the enjoyment.
    
      
       This ease was omitted among those of 1792
    
   Resolved,

Per Cur.

That the defendant ought to pay for the time he peaceably enjoyed the premises, but not for any time he was prevented by the casualties of war.  