UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY Woi \\ ! A COMPENDIUM OP t fafo OP LANDLORD AND TENANT, BY WILLIAM MITCHELL FAWCETT, OF LINCOLN'S INN, ESQ., BARRISTER-AT-LAW. LONDON: BUTTERWORTHS, 7, FLEET STREET, 3fafe Publishers to the Qncrn's most ntclltnt JlV.ijrstn. DUBLIN : HODGES, POSTER & CO. EDINBURGH : T. & T. CLARK ; BELL & BRADPUTE. CALCUTTA : THACKER, SPINK & CO. BOMBAY: TH ACKER, VINING & CO. MELBOURNE: GEORGE ROBERTSON. 1871. T L 811 LONDON S PRINTED BY C. ROWORTH AND SONS, NEWTON STREET, W.C. PREFACE. THE aim of this Volume is to present in a small compass a practical view of the existing Law of Landlord and Tenant. Matters of merely historical interest, and topics collateral to the special subject, have been systematically excluded. It has been deemed unnecessary to treat of the details of judicial procedure, or to insert a large number of prece- dents of leases, since the professional reader has already on his shelves works on these topics of the highest authority and value. A few simple forms of leases are, however, appended, and forms of notices, &c., will be found in the foot notes, under the respective subjects to which they relate. The plan of the Author has been, as far as possible, to state the law in the language of the authorities by whom it was established. Hence, principles laid down by judges are generally given i\ rUKFACE. in their own words, and the essential words of statutes are quoted. A concise summary of the effect of each enactment is attempted in the mar- ginal notes attached to it. The references to Bacon's Abridgment, not men- tioning any title of that work, are to the title " Leases," written by Lord Chief Baron Gilbert. CONTENTS. PAOK INDEX OF CASES CITED ix INDEX OF STATUTES . . . . xxv EXPLANATION OF ABBREVIATIONS USED xxx EBKATA ET ADDENDA xxxiv CHAP. I. REQUISITES TO THE EXPRESS CREATION OF THE RELATION OF LANDLORD AND TENANT. SECT. I. Property capable of being let .. .. .. .. .. 1 II. Persons capable of making and taking leases . . . . 2 (1) Restrictions arising from disability . . . . . . 2 (2) Restrictions arising from limited interest . . . . 26 (3) Restrictions arising from confidential relations . . 43 III. An actnal letting . . . . . . . . . . . . 44 IV. Of the exclusive possession of the premises . . . . . . 47 CHAP. IL THE DIFFERENT KINDS OF TENANCY. SECT. I. Tenancy by sufferance . . . . . . . . . . . . 49 II. Tenancy at will 50 ILL Tenancy from year to year . . . . . . . . . . 53 IV. Tenancy for years . . . . . . . . . . . . 57 V. Tenancy for life 59 CHAP. III. THE CONTRACT OF TENANCY. SKCT. I. Agreements for leases . . . . . . . . . . . . 60 (1) Statutory requisites .. .. .. .. ..61 (2) In what cases parol agreements are enforceable . . C>2 (3) Rights of intended II-SMT .. .. .. ..<' (4) Remedies for breach of agreement . . . . . . 65 (5) Stamps 6t> VI CONTENTS. PAGE SECT. II. Leases f-7 (1) Statutory requisites G7 (2) In what cases extrinsic evidence is admissible . . 69 (3) Form and construction of lease . . . . 71 (I) Stamps 93 (5) Counterparts and duplicates 102 (6) Matters relating to completion of lease . . . . 102 CHAP. IV. TERMS OP TENANCY. SECT. I. Rent 109 (1) What may be reserved as rent . . . . . . . . 109 (2) Payments which are not rent . . . . ..110 (3) When rent is payable 112 (4) Where payable .. .. . . 115 (5) To whom payable . . .. .. .. .. 115 (6) Amount payable . . 117 (7) Apportionment . .. .- .. .. .. 126 (8) Payment and remittance .. .. .. . . ..128 (9) Effect of payment 129 (10) Remedies for recovery of rent 130 (a) Distress 131 (b) On execution against tenant .. .. ..181 (c) On bankruptcy of tenant .. .. .. 185 (d) Action 187 II. Repairs 189 (1) Where there is no express agreement .. .. ..189 (2) Where there is an express agreement . . . . . . 191 III. Waste 198 (1) Voluntary 198 (2) Permissive 199 (3) Remedies for 200 IV. Mode of using premises . . . . . . . . . . . . 200 (1) Where there is no express agreement .. .. .. 200 (2) Where there is an express agreement 202 V. Cultivation of land 207 (1) Where there is no express agreement . . . . . . 207 (2) Where there is an express agreement 209 VI. Fences 214 (1) Liability to repair where there is no express agreement 214 (2) Ownership of 215 VII. Trees 217 (1) Where there is no express agreement 217 (2) Where there is an express agreement 218 VIII. Insurance 220 CONTENTS. Vli PAGE SECT. IX. Taxes 223 (1) Where there is no express agreement . . . . 223 (2) Where there is an express agreement . . . . 225 X. Quiet enjoyment .. .. .. .. .. .. 229 (1) Where there is no express agreement . . . . 229 (2) Where there is an express agreement . . . . 232 XL Underleases 235 (1) Right to underlet 235 (2) What constitutes an underlease . . . . . . 236 (3) Rights and liabilities of underlessee 237 XII. Assignments 339 (1) Voluntary 239 (a) Right to assign 240 (b) Mode of making assignment .. .. .. 244 (c) Rights and liabilities of assignee . . . . 245 (d) Grant by landlord of his reversion .. .. 252 (2) Involuntary 253 (a) On death 253 (b) On bankruptcy of lessee . . . . . . 256 (c) On conviction of lessee for treason or felony 258 XIII. Live stock 258 XIV. Game .... .. .259 CHAP. V. DETEBMINATION OP THE TENANCY. SECT. I. Modes applicable to particular kinds of tenancy . . . . 262 (1) Determination of tenancy at sufferance .. .. 262 (2) Determination of tenancy at will . . . . . . 263 (3) Determination of tenancy from year to year . . . . 265 (a) When detenninable 266 (b) Notice to quit 265 (c) Verbal disclaimer. . .. .. .. .. 274 (4) Determination of tenancies for optional terms of years 275 (5) Determination of tenancies for life . . . . . . 275 II. Modes generally applicable 277 (1) Merger 277 (2) Surrender 278 (3) Forfeiture 283 (a) Where there is no express proviso for re-entry . 283 (b) Where there is an express proviso .. . . 284 (c) Waiver of forfeiture . . 286 (d) Relief against forfeiture . . ' 288 vill CONTENTS. CHAP. VI. TERMS OP QUITTING. PACE I. Fixtures W2 (1) What articles arc fixtures 2V2 (2) Ownership of fixtures where there is no express agree- ment 293 (3) Ownership under express agreements 'J ( J7 II. Emblements 298 (1) In what cases they may he claimed . . . . . . 298 (2) Provision as to tenants of landlords entitled for uncer- tain interests . . '. 299 III. Away-going crops .. .. .. .. .. .. 300 IV. Compensation for tillages, &c 300 V. Delivery of possession . . .... . . . . . . 301 (1) Tenant's obligation to give possession . . . . . . 301 (2) Landlord's remedies for recovering possession . . . . 302 (a) Indirect 302 (b) Direct 305 APPENDIX. FORMS OP LEASES. I. Short statutory form .. 817 II. Lease in the statutory form . . . . . . . . . . . . 324 III. Lease of a house .. .. 325 IV. Lease of a farm .. .. .. .. .. .. .. 328 INDEX 333 INDEX OF CASES CITED. v. Cooper, 112. Abbey v. Petch, 171. Absolom v. Knight, 119. Adams v. Gamble, 9. v. Gibney, 229. v. Grane, 139. Alchorne v. Gomme, 116, 133. Aldenburgh v, Peaple, 150. Alderman v. Neate, 46. Aldridge v. Howard, 212. Alford v. Vickery, 111, 272. Allen v. Flicker, 167. Amfield v. White, 226. Anderson v. Martindale, 87. v. Midland Ry. Co., 47, 62, 145. Andrew v. Hancock, 119, 120, 121. Andrew's Case, 230. Andrews v. Dixon, 183. v. Russell, 168. Anon., 5. Appleton v. Campbell, 201. v. Doily, 135. Archbold -v. Scnlly, 151. Arden v. Pullen, 190. v. Sullivan, 56. Arnitt v. Garnett, 183. Arnsby v. Woodward, 284, 286. Ashfield v. Ashfield, 5. Attack v. Bramwell, 155, 175, 179. Attersol v. Stevens, 199. Att.-Gen. r. Brentwood School, 2. v. Fullcrton, 217. v. Stephens, 217. v. Great Yarmouth, 22. Aubrey v. Fisher, 217. Augustien v. Challis, 184. Auriol v. Mills, 250. Auworth v. Johnson, 189. Aveline v. Whisson, lo.'l. Avenell v. Croker, 157, 168. A very v. Cheslyn, 'J'.M. Ayletr. Dodd, US. Aylett v. Ashton, 9. Kciuiu'v, 11. BACH v. Meats, 148, 149. Bachelour v. Gage, 250. Baggallay v . Pettit, 87. Bagge v. Maw by, 158. Bagshawe v. Goward, 162. Baker v. Davis, 120. v. Gostling, 237. v. Greenhill, 226. v. Holtpzaffel, 124. v. Mery weather, 106. Ball v. Cullimore, 51, 264. Bamford v. Creasy, 291. Bandy v. Cartwright, 229. Bannister v. Hyde, 155, 163. Barber v. Brown, 117. v. Whiteley, 215. Bargent v. Thompson, 290. Barker v. Barker, 197. Barlow v. Rhodes, 76. Barnard v. Godscall, 250. Barnfather v. Jordan, 249. Barrow v. Ashburnham, 260. Barrs v. Lea, 110, 112. Barry v. Goodman, 97. v. Stan ton, 241. Barwick's Case, 82. Barwick v. Foster, 113. v. Thompson, 42. Basten v. Carew, 310. Bastow & Co., In re, 143. Baylis v. Dinely, 5. v. Le Gros, 194. Bayliss v. Fisher, 157. Batcman v. Allen, 11. Baumann v. James, G2. Baxter v. Browne, 46. v. Portsmouth, 9. Bayly, Ex parte, 186. Bayley v. Braille v, !'.. Baylye r. Offord, 247. Bayne v. Walker, 190. Bayncs v. Smith, 141. Bealc r. Sanders, ~>\. Bcaley v. Stuart, 'Jitf,. c. Wibon, iM7. INDEX OF CASES CITED. Beaty r. Gibbons, _'lt. Bcaudcloy r. Brook, '>:. Beaafort r. Bates, I'.u;. Bcavan r. Dcluhay, 150. r. M'Donnell, 9. Beck r. Rebow, 21)4. Belasyse r. Burbridge, 138. Belcher r. M'lntosh, 193. Belfonr v. Weston, 124. Bennett v. Bayes, 154. v. Ireland, 53, 56, 125. v. Robins, 134. v. Womack, 84, 86. Benson r. Gibson, 118. Berney r. Moore, 237. Berrey r. Lindley, 57, 268. Berriman r. Peacock, 217, 218. Bertie r. Beanmont, 48. Bethell v. Blencowe, 270. Bettisworth's Case, 76. Bicknell v. Hood, 45. Biggins v. Goode, 180, 181. Bignell r. Clarke, 162. Birch v. Dawson, 294. v. Stephenson, 118, 212. v. Wright, 235, 264. Bird r. Defonvielle, 231, 269. r. Elwes, 192. r. Higginson, 69. Birkbeck v. Paget, 260. Bishop of Bath's Case, 81. Salisbury's Case, 18. Bishop t). Bryant, 167. v. Elliott, 294, 298. v. Goodwin, 123. v. Howard, 54. Bisset v. Caldwell, 141. Blades v. Arundale, 141. Blake v. Foster, 135. Blatchford v. Cole, 304. v. Plymouth, 232. Bleakley r. Smith, 61. Bliss v. Collins, 128. Blount v. Pearman, 97. Blnnden's Case, 1 1 3. Blyth v. Dennett, 273, 274. Boardman r. Mostyn, 63. Boase v. Jackson, 97. Bolton r. Tomlin, 53, 54. Bond v. Rosling, 68. Boodle r. Cambell, 122, 126. Boone v. Eyre, 87. r. Mitchell, 96. Booth r. Macfarlane, 305. Boraston v. Green, 150. Boroughes' Case, 115. Bonlton v. Reynolds, 166. Bowen . Owen, 167. Bowers v. Cator, 63. v. Nixon, 118. Bowes . Croll, 56, 57. Boyce v. Tamlyn, 215. Bovd v. Profaze, 155. Bradbnrne r. Botfield, 87. Bradbury v. Wright, 84. Braddyl r. Ball, 178. Bramston v. Robins, 120, 122. Brandon v. Brandon, 134. Branscombe r. Bridges, 154, 157. Brashier v. Jackson, 45. BraytLwayte v. Hitchcock, 51, 53, 55. Brecknock Co. v. Pritchard, 192. Brett v. Cumberland, 250. Brewster r. Kitchcl, 22<;. Bridges v. Potts, 57, 265, 266. Briggs v. Sowry, 186. Brocklehurst v. Lawe, 186. Brocklington r. Saunders, 57, 301. Bromley v. Holden, 147. Brooke v. Noakes, 147. Brown v. Arundell, 139. v. Burtinshaw, 280. v. Crump, 207, 208. r. Glenn, 155. v. Quilter, 191. v. Shevill, 139. r. Storey, 41. v. Trumper, 58, 196. Browne v. Joddrell, 8. v. Powell, 115, 166. v. Raban, 86. v. Warner, 45. Browning v. Dann, 155. Brudnell's Case, 82. Bryan v . Weatherhead, 76. Buck r. Nurton, 76. Buckland c. Bntterfield, 293, 294. v. Papillon, 59, 86, 257. Buckley r. Taylor, 112, 132. Bnckworth v. Simpson, 255. Bullen v. Denning, 77, 78. Bullock r. Dommitt, 192. Bulwer v. Bnlwer, 298. Bnrdett r. Withers, 193. Burling r. Read, 306. Burnett v. Lynch, 229, 251. Burrows v. Gradin, 116, 133. Burt v. Haslett, 297. Burton r. Barclay, 79, 245, 277. Bnszard v. Capel, 144. Bute v. Thompson, 123. Butler v. Mnlvihill, 44. v. Swinnerton, 232. Buxton v. Lister, 65, 66. INDEX OF CASES CITED. XI CADBY v. Martinez, 275. Cadle v. Moody, 281. Caldecott v. Smythies, 300, 301. Calvert v. Sebright, 232. Calvin's Case, 2. Camden v. Batterbury, 47. Campbell v . Hooper, 9. v. Lewis, 247. v. Wenlock, 202. Cannan v. Hartley, 280. Cannock v. Jones, 84, 195. Canterbury v. Reg., 190. Capel v. Buszard, 144. Garden v. Tuck, 75. Cardigan v. Armitage, 77, 79. Carew v. Cooper, 2. Carpenter v. Colins, 240, 264. v. Cresswell, 87. Carter v. Carter, 121. v. Cummins, 125. Cartwright v. Smith, 146. Castleman v. Hicks, 160. Cattley v. Arnold, 53. Chadwick v. Clarke, 66. v. Marsden, 77. Chancellor v. Poole, 249. Chandler v. Doulton, 157. Chandos v. Talbot, 217. Channon v. Patch, 218. Chapman v. Beecham, 80. v. Bluck, 46, 72. v. Towner, 45, 53. Chappell v. Gregory, 190. Cheetham v. Hampson, 215. Child v. Chamberlain, 174. Christ's Hospital v. Harrild, 226. Christy v. Tancred, 302. Church v. Brown, 86, 88, 236, 240. Churchill v. Evans, 215. Claridge v. Mackenzie, 130. Clark, In re, 2. v. Calvert, 138. v. Gaskarth, 138. v. Glasgow Ass. Co., 1 92. Clarke v. Fuller, 44, 61. v. Holford, 113, 132. v. Roy stone, 208, 301. v. Westrope, 213. Clayton's Case, 80. Clayton v. Blakey, 53, 68. v. Bnrtenshaw, 44, 45. v. Gregson, 71. v. Illingworth, 66. Clegg v. Rowland, 199. Clements v. Lambert, 76. v. Welles, 238. Clennel v. Read, 120. Clifton v. Walmeslcy, 124. Climie v. Wood, 295. Clinan . Cooke, 62. Close v. Wilberforce, 245. Clun's Case, 113, 114. Cobb v. Stokes, 81, 303, 304. Cocker v. Musgrove, 184. Cockson v. Cock, 247. Codd v. Brown, 301. Coe v. Clay, 229, 230. Coker v. Guy, 70. Colbron v. Travers, 225. Cole v. Forth, 199. v. Green, 199. v. West London, &c. Ry. Co., 75. Coleman v. Foster, 47. Coles v. Trecothick, 31. Collen v. Gardiner, 31. Collett v. Curling, 112, 266. Colley v. Streeton, 239. Collins and Harding's Case, 126, 127. v. Harding, 110. v. Crouch, 255. Collison v. Lettsom, 249. Colton v. Lingham, 58. Colyer v. Speer, 182, 183. Congham v. King, 246. Cooke v. Cholmondeley, 75. v. Claynorth, 44. v. Yates, 75. Coomber v. Howard, 112. Coombes v. Button, 93. Cooper, Ex parte, 32. v. Blandy, 42. v. Twibill, 205. Copeland v. Stephens, 107. Corder v. Drakeford, 97. Cornish v. Cleife, 194. v. Searrell, 43, 129. v, Stubbs, 47, 54. Cosser v. Collinge, 238. Coster v. Cowling, 97. Cotesworth v. Spokes, 285. Cotton's Case, 15. Conch v. Goodman, 103. Counter v. Macpherson, 195. Conpland v. Maynard, 149. Conrtown v. Ward, 218. Cowan . Milbourn, 201. Coward v. Gregory, 193, 194, 195. Cowper v. Fletcher, 30. Cox v. Bent, 52, 53. v. Bishop, 245. v. Knight, 129. v. Painter, 159. v. Slater, 62. Cramer v. Mott, 137, 156. Creak v. Justices of Brighton, 310. Xll INDEX OF CASES CITED. Crisp r. Churchill, L'ol. Crocker r. Fothcrgill, 316. Croft v. Lnmley, 89, 90, 287. Cromwell v. Andrews, 114. Crosier . Tomkinaon, 140. Cross v. Eglin, 77. v. Jordan, 286. Crossfield v. Morrison, 261. Crowlcy v. Vitty, 11H. Crowther r. Ramsbottom, 165. Crusoe v. Bugby, 236, 241. Cubitt v. Porter, 216. Culling v. Tnffnall, 293, 295. Cumberland v. Bowes, 213. . r. Glamis, 64. Cnmming v. Bedborough, 120. Curtis v. Hnbbard, 164. t>. Spitty, 246. v. Wheeler, 136. Cnthbertson v. Irving, 42, 43. Cutting v. Derby, 114, 303. DAKIN v. Cope, 284. Dalby v. Hirst, 208, 301. Dallman v. King, 124. Dancer r. Hastings, 134. Dane v. Kirkwall, 8. Daniel v. Grade, 83, 110, 131, 132. Daniels v. Davison, 62, 264. Dann v. Spurrier, 29, 63, 275. Darby v. Harris, 138. Darcy v. Askwith, 199. Davies v. Powell, 140. Davis v. Eyton, 88, 298. v. Gyde, 129. v, Jones, 295. v. Shepherd, 77. Davison v. Gent, 281. v. Stanley, 280. v. Wilson, 306. Dawson v. Cropp, 158. v. Dyer, 234. t. Massey, 44. De Medina v. Poison, 54. Dean v. Allalley, 293. Dean and Chapter of Bristol v. Jones, 195. - Windsor's Case, 247. Delaney r. Fox, 42. Denby r. Moore, 119, 120. Dendy v. Nicholl, 286. Denn . Cartwright, 81, 265. r. Fearnside, 51. Denton r. Richmond, 1 1 *. Descarlett r. Dennett, 291. Descliarmes, Ex jtartc, 186. Dibble r. Bowatcr, 114, 132, 149. Digby v. Atkinson, 54, 55, 192, 11W. Dinsdale r. lies, 263. Dixon v. Geldard, 218. v. Harrison, 135. Dobbyn v. Somers, 69, 76. Dod. Monger, 156, It; I. Dodd v. Acklom, 115, 279, 280. Doe v. Abel, 93. v. Adams, 42. v. Allen, 286. v. Amey, 53, 64, 56, 67. v. Archer, 28, 269. r. Ashburner, 45, 46. v. Austin, 42, 102. v. Bancks, 284. v. Batten, 273, 304. v. Baytnp, 42. v. Bell, 53, 54, 68, 267, 268. v. Benham, 110. v. Benjamin, 46. v. Benson, 71, 113. v. Bevan, 241, 257. v. Biggs, 267. v. Birch, 284, 287. c. Bird, 194, 197, 203, 220. v. Bond, 91. v. Bousfield, 29. v. Bridges, 17. v. Browne, 270. v. Bnrt, 70, 76. v. Butcher, 28. r. Butler, 269. v. Calvert, 273. r. Carew, 89. r. Carter, 235, 241. v. Cartwright, 44. v. Cawdor, 274. r. Chamberlain, 51. v. Clare, 45. P. Clarke, 45, 58, 129. v. Collinge, 17, 53. v. Collins, 75. v. Cooper, 274. v. Courtenay, 280. v. Cox, 60, 52. d. Cox, 269. r. Crago, 55. v. Crick, 269, 272. v. Crouch, 219. v. David, 90. v. Davies, 62, 88. v. Davis, 298. v. Day, 80, 108. v. Deny, 48. v. Dixon, 27"'. - v. Dobcll, 267. r. Dodd, 51), 72, 82. INDEX OF CASES CITED. Xlll Doc v. Donovan, 200. Doe v. Martin, 76. v. Dyson, 286. v. Masters, 284. ?. Kihvnnls, 42. v. Matthews, 268. v. Elsam, 89, 203, 205. v. Meylor, 126. ,j._ Miles 48. v. Eykins, 287. "i? IMillcr 51 v. Eyre, 9. 1?. Mills, 42. v. Forster, 267. v. Milward, 273. v. Forwood, 271. v. M'Kaeg, 50. v. Foster, 47, 53, 269. v. Moffatt, 53, 54. v. Francis, 55. v. Morse, 54, 110. v. Frowd, 274. v. Murrell, 262. v. Fuller, 42. v. Ongley, 42, 271. v. Galloway, 74. v. Palmer, 273. v. Gardiner, 52. v. Parker, 283. v. Geckie, 55. v. Pasquali, 274. v. Gladwin, 221, 222. v. Paul, 285. v. Godwin, 89. v. Peck, 220, 286. v. Goldwin, 209, 270. v. Phillips, 93. v. Gower, 274. v. Poole, 280. v. Grafton, 266. v. Porter, 254. v. Greathed, 74. v. Powell, 45, 46, 242. v. Green, 81, 265. v. Price, 219, 263. v. Groves, 51. v. Pritchard, 88, 90, 286. v. Grnbb, 274. v. Pyke, 282. v. Guest, 205. v. Quigley, 49, 51. v. Hall, 272. v. Raffan, 55, 266. v. Hayes, 30. v. Ramsbotham, 42. v. Hazell, 266. r. Read, 271. v. Hiscocks, 70. v. Rees, 88, 286. v. Hobson, 96. 77. Reid, 205. v. Houghton, 104. v. Rhodes, 268. v, Howard, 268. v. Ries, 46. v. Hughes, 268, 271. v. Roberts, 5. v. Hulme, 271. v. Rock, 51, 264. v. Humphreys, 273. r. Roe, 106, 245, 285. v. Ingleby, 90. v. Rollings, 274. v. Jackson, 51, 194. v. Rowe, 221. v. Jenkins, 28. v. Rowlands, 197. v. Jepson, 91. v. Samuel, 268. v. Jersey, 74. v. Sandham, 86. v. Johnson, 268. v. Shewin, 220, 221. v. Jones, 50, 91, 194, 263, 287. v. Slight, 106. v. Keeling, 203. v. Smaridge, 265. v. Kennard, 93. . Smith, 45, 53, 92, 241, 257, v. Kneller, 83, 91. 269. v. Lambley, 267. v. Snowdon, 205, 2C8. v. Laming, 220, 236, 241. v. Somerton, 272. v Lawder 49 26** v. Spence, 268. V. Lawrence, 88. v. Spiller, 269. r. Lea, 71. v. Spry, 203, 205. v. Lewis, 96, 194. v. Stagg, 279. v. Lines, 268. v. Stanion, 274. * Lontr *^7'l v. Stapleton, 268. v Lucas 272 v. Steel, 269, 273. v. Mainby, 265. v. Stennett, 52. v. Maisi'v, L'C.l'. v. Stevens, 87, 89. t. Marrhrtti. s;i. c. Steward, 58. XIV INDEX OF CASES CITED. Doe v. Stratton, 64. v. Summereett, 271. v. Sutton, 193. v. Taniere, 18, 63. v. Thomas, 264, 281. v. Thompson, 41, 274. v. Timothy, 269. t>. Tressider, 29. r. Tnrford, 272. v. Turner, 262, 264. v. Ulph, 220. v. Walker, 107, 278. v. Walters, 270. v. Watkins, 2G8, 272. v. Watson, 42. v. Watt, 88, 284. . Watts, 28, 62, 63, 54. v. Weller, 12, 112, 267. v. Wells, 283. v. Whittick, 274. v. Wilkinson, 130, 269. v. Williams, 86. v. Wood, 52, 63, 65, 72. . v. Woodbridge, 203, 287. v. Woodman, 272. v. Worsley, 236. v. Wrightman, 267, 269, 271. v. Yarborongh, 18. Dollen v. Batt, 253. Donellan v. Read, 111. Doughty v. Bowman, 247, 248. Dowell v. Dew, 64. Dowse v. Earle, 194. Drake v. Mitchell, 129. v. Munday, 72, 83, 84. Drant v. Brown, 66. Draper v. Crofts, 302. v. Thompson, 153. Drury r. Macnamara, 230. v. Molins, 211. Duck v. Braddyll, 96, 139. Dudley v. Folliott, 233. v. Warde, 294. Dnmergne v. Ramsey, 297. Dunk v. Hunter, 45, 111, 131. Dnppa v. Mayo, 1 14. Dyer v. Bowley, 121. Dyne v. Nutley, 74. EAGLETON v. Gntteridgc, 97, 137, 155. Easterby v. Sampson, 84. Ecclesiastical Commissioners v. Merral, 14. Eccleston r. Clipsham, 87. Edge v. Straff ord, 61, 68, 108, 188. Edmondson r. Nuttall, 179. Edwards v. Rees, 122. Eldridge v. Stacey, 154, 165, 163. Elliott v. Johnson, 246. Elwes v. Maw, 295. Elworthy v. Sandford, 105. Empson v. Soden, 294. England v. Slade, 42. Enys v. Donnithorne, 79. Etherton v. Popplewell, 159, 165. Evans, In re, 3. v. Elliot, 41, 133, 166. v. Roberta, 61, 298. v. Vaughan, 233. v. Wright, 170. Ewart v. Graham, 261. Ewer v. Moyle, 126. Exhall Coal Co., In re, 143. FABIAN v. Winston, 285. Farewell v. Dickinson, 110. Farrall v. Hilditch, 84. Farrance v. Elkington, 305. Farrant v. Olmius, 118. Farrell v. Davenport, 63. Faviell v. Gaskom, 301. Fenner v. Duplock, 130. Fenny v. Child, 45, 72. Fenton v. Logan, 143. Feret v. Hill, 201. Ferguson v. , 189, 190. v. Cornish, 58. Festing v. Taylor, 225. Few v. Perkins, 195. Field v. Adams, 140. v. Mitchell, 157. Fielden v. Tattersall, 213. Filliter v. Phippard, 190. Finch v. Miller, 64, 112, 167. Findon v. M'Laren, 139. Finlay v. Bristol and Exeter Ry. Co., 14, 55. Fisher v. Algar, 172. v. Dixon, 294. Fitzmaurice v. Bayley, 52, 62. Fleming v. Snook, 210. Fletcher v. Marillier, 148. v. Sannders, 167. Flight r. Barton, 238. Foley v. Addenbrooke, 88, 206, 297. Foquet v. Moor, 111, 280. Ford v. Tiley, 65. Fordham r. Ackers, 1 77. Forster r. Cookson, 181. v. Rowland, 61, 65. Foulger v. Taylor, 148. Fowell v. Tranter, 275. Fowkes v. Joyce, 140. INDEX OP CASES CITED. XV Fowle v. Freeman, 61. v. Welsh, 233. Frame v. Dawson, 63, 64. Francis v. Wigzell, 9. v. Wyatt, 140. Franklin v. Carter, 119. Franklinski v. Ball, 41. Freeman v. Rosher, 153. v. West, 82. French v. Phillips, 152. Frosel v. Welsh, 29. Frusher v. Lee, 171. Fuller v. Abbot, 119, 225. Fulmerstone v. Steward, 280. Furneaux v. Fotherby and Clark, 149. GABELL v. Shevell, 119. Gale v. Bates, 212. Gandy v. Jubber, 191, 215. Gange v. Lockwood, 194. Gardiner v. Colyer, 261. v. Williamson, 69, 110. Garrard v. Frankel, 69. Gas Light Co. v. Turner, 201. Gaskell v. King, 225. Ganntlett v. King, 153. Gawler v. Chaplin, 183. Gerrard v. Clifton, 124. Gethin v. Wilks, 185. Gibson v. Holland, 61. v. Ireson, 139. Giddens v. Dodd, 275. Gilbertson v, Richards, 112. Giles v. Spencer, 151. Gilham v. Arkwright, 148. Gillingham v. Gwyer, 144. Gilman v. Elton, 139. Gingell v. Pnrkins, 73. Girardy v. Richardson, 201. Gisbonrn v. Hnrst, 140. Gladman v. Plumer, 137. Glynn v. Thomas, 151, 152. Goddard's Case, 73. Goodland v. Blewitt, 115. Goodright v. Cordwent, 273. v. Richardson, 58, 81. v. Vivian, 199. Good title v. Herbert, 51. Goodwin v. Longhurst, 29. Goodwyn v. Cheveley, 144. Gore v. Lloyd, 45. * Gorely, Ex'parte, 222, 223. Gorton v. Falkner, 137, 138, 143. Gott v. Gandy, 190. Gongh v. Howard, 208. Gould v. Bradstock, 154. Gower v. Hunt, 119. Grace, Ex parte, 44. Graham v. Allsopp, 122. v. Wade, 228. v. Whichelo, 280. Granger v. Collins, 208, 229. Grants Ellis, 150, 187. Graves v. Weld, 298. Gray . Bompas, 273. v. Friar, 58. Great Ship Co., In re, 143. Green v. Eales, 196. v. Jenkins, 17. Green's Settled Estates, He, 35. Greenaway v. Adams, 236. Greenslade v. Tapscott, 236. Greenwood v. Tyber, 82. Gregg v. Coates, 192. Gregory v. Doidge, 130. v. Mighell, 63. v. Wilson, 291. Griffenhoofe v. Daubnz, 120. Griffin v. Scott, 172. Griffith v. Hodges, 231. Griffiths v. Rigby, 206. Grimman v. Legge, 279, 280. Grissell v. Robinson, 106. Grosvenor v. Hampstead Junction Ry. Co., 75. Grove, Ex parte, 186. Grute v. Locroft, 12. Grymes v. Boweren, 294. v. Peacock, 76. Gudgen v. Besset, 103. Gunter v. Halsey, 64. Gutteridge v. Munyard, 192, 204. Guy v. West, 216. Gwillim v. Stone, 64. Gwinnet v. Phillips, 165. Gwynne v. Maynstone, 81. HABERDASHERS' CO. v. Isaac, 88, 236. Haines v. Burnett, 86. v. Welch, 299. Haldane v. Johnson, 116. Hall v. Ball, 105. v. Burgess, 188, 231. v. Chandless, 105. v. City of London Brewery Co., 229. v. Denbigh, 73. v. Lund, 71. v. Sebright, 72. Hullifax r. Chambers, 207. Hamerton v. Stead, 51, 281. XVI IXDKX OF CASES CITED. Hamilton r. Clajirionrde, 31. Hammond v. Mather, Hancock r. Austin, 47, 111, 154, 166. r. Caffyn, 46, 47, 230. Harding v. Crethorn, 281, 302. v. Wilson, 76, 77. Hare v. Groves, 85, 124. Harley r. King, 251. Harnett r. Maitland, 190, 200. Harper v. Taswell, 169. Harrington r. Wise, 83, 284. Harris v. Davis, 3. v. Jones, 191. v. Shipway, 129. Harrison v. Barnby, 117. v. Barry, 132, 172. v. Blackburn, 107, 108. . v. Jackson, 31. v. North, 125. Hart r. Leach, 175. r. Windsor, 125, 202. Hartshorne v. Watson, 284. Harvey v. Bridges, 306. v. Pocock, 179. Harvy v. Thomas, 12. Haseler v. Lemoyne, 153. Hatch v. Hale, 154, 166. Havens v. Middleton, 221. Hawkins v. Rutt, 129. . v. Sherman, 245. Hayling v. Okey, 299. Hayne v. Cummings, 68, 88. Hayward v. Haswell, 46. v. Parke, 238. Heald r. Hay, 2. Heap v. Barton, 297. Hearn v. Allen, 76. v. Tomlin, 51. Heckman v. Isaac, 220. Hegan v. Johnson, 111. Hegarty v . Milne, 66. Hellawell v. Eastwood, 139, 293. Hellier v. Casbard, 83. Hemingway r. Fernandas, 248. Hemming v. Brabazon, 15. Henderson v. Hay, 86. t?. Mears, 231. v. Squire, 302. Henson v. Cooper, 70. Herlakenden's Case, 218. Herne v. Bcnbow, 199. Hersey v. Giblett, 59. Hewitt r. Isham, 78. Hewson v. South Western Ry. Co., 75. Hey v. Wyche, 221. Heywood r. Cope, i '.". Iliekman v. Isaacs, 204. Hickman v. Marhin, 116. Hicks r. Downing, 237. Hill v. Barclay, '-". I. r. Grange, 1 l.'J. v. Ramm, 97. v. Saunders, 1. '}">. Hillary v. Gay, 305. Hills "r. Rowland, 211. Hilton v. Goodhind, 11H. v. Green, 260. Hinchcliffe r. Kinnoul, 76. Hindi, v. Gray, 203. Hindlc v. Pollitt, 214. Hirst v. Horn, 303. Hitchcock v. Coker, 203. Hitchings v. Thompson, 130. Hoby v. Roebuck, 111. Hodgson v. Gascoignc, 182. Holcombe v. Hewson, 205. Holder v. Coates, 218. Holding v. Pigott, 300. Holland v. Bird, 154, 166. v. Cole, 241. v. Falser, 83. Hollis v. Carr, 84. Holmes v. Blogg, 5. Holtzapffel v. Baker, 124. Hood v. Kendall, 211. Hooper, Ex parte, 63. v. Clark, 2 16, 248. Hopkins v. Helmore, 114. Hopwood v. Whaley, 255. Horner v. Graves, 203. Hornidge v. Wilson, 255. Horsefall v. Davy, 147. v. Mather, 189, 190. r. Testar, 194, 195. Horseford v. Webster, 151. Hoskins v. Knight, 182. Houghton r. Koenig, 102. House v. Laxton, 73. How v. Greek, 104. r. Kennett, 188. Howard v. Shaw, 51. v. Wood, 2. Howe v. Scarrott, 135. Hnffell v. Armitstead, 266. . Hughes r. Clark, 102. v. Richman, 211. Huguenin r. Basely, 44. Humble r. Langston, 2.~iO. 2.")1 Humphreys v. Franks, "2('<~,. Hunt r. Allgood, 274. Hunter r. Hnnt, 239. v. Miller, 211. Hurleston v. Woodroffe, 76. Hurst r. Hnrst, 226, 229. INDEX OF CASES CITED. Hutchins v. Chambers, 158. v. Scott, 114, 156. Button v. Warren, 200, 208, 301. Hyatt v. Griffiths, 54, 57. Hyde v. Hill, 120, 228. IBBETT v. Do La Salle, 153. Ibbs v. Richardson, 302. Iggulden v. May, 83, 86, 229. I n i M:U i v. Stamp, 61. Ive v. Sams, 78, 280. Izon v. Gorton, 124. JACKSON v. Oglander, 62. Jacob v. King, 176. Jacomb v. Harwood, 30. James v. Dean, 254, 264. v. Emery, 87. v. Jenkins, 28. Jeffryes v. Evans, 79, 232, 260, 261. Jenkins v. Church, 28. v. Gething, 293. v. Green, 77, 78. Jenner v. Clegg, 111, 273. v. Yolland, 144, 170. Jenney v. Brook, 78. Jennings v. Major, 106. v. Throgmorton, 201. Jervis r. Tomkinson, 80, 123. Jesus Coll. v. Gibbs, 15. Jinks v. Edwards, 280. John v. Jenkins, 45, 148. Johnson v. Edgware, High gate and London Ry. Co., 92. v. Jones, 116, 121. r. Upham, 158, 166. Johnstone v. Hudlestone, 304. Jolly v. Arbuthnot, 43, 134. Jones v. Bone, 205. v. Carter, 287. v. Bavies, 278. v. Green, 118. v. Hamp, 171. v. Jones, 135. v. Marsh, 271. v. Mills, 266, 274. v. Nixon, 58, 265. v. Phipps, 270, 271. v. Reynolds, 45, 47, 72. v. Shears, 206, 273. v. Thome, 204. Joule v. Jackson, 140. Jonrdain v. Wilson, 247. F. ! KEATES v. Cadogan, 202. I Keech v. Hall, 41, 64. Keen v. Priest, 143, 144, 176, 179. I Keightley v. Watson, 87. Kelly v. Coote, 5. Kemp v. Derrett, 266. v. Sober, 203. . Kendall v. Hill, 86. Kenney v. May, 168. Kerby v. Harding, 163, 164. Kerelake r. White, 76. Ketsey's Case, 4, 5. Kine v. Balfe, 63. King v. England, 171, 172. Kingdon v. Nottle, 254. Kingsbury v. Collins, 298, 299. Kintrea v. Perston, 252. Kirtland v. Pounsett, 51. Kirton v. Elliott, 5. Knight v. Benett, 53, 131, 150. v. Egerton, 180, 181. . v. Mory, 241. Knotts v. Curtis, 180. Kooystra v. Lncas, 77. LACEY v. Lear, 305. Ladd v. Thomas, 166. Laing's Trust, In re, 35. Lambert v. Norris, 111. Lancaster v. De Trafford, 62. Langford v. Selmes, 112. Lant v. Norris, 84. Lanyon v. Came, 110. Latham v. Attwood, 298. Lawrance v. Faux, 281. Lawton v. Lawton, 294. v. Salmon, 294. Lay v. Mottram, 85. Laycock v. Tnffnell, 119. Laythoarp v. Bryant, 61. Xeach v. Thomas, 189, 190, 294. Leader v. Homewood, 296. Lear v. Caldicott, 158. Leather Cloth Co. v. Lorsont, 203. Lee v. Cooke, 158. v. Smith, 53, 54, 57, 132. Leeds v. Cheetham, 124, 191. Legh v. Heald, 78. r. Hewitt, 207, 208. v. Lillie, 118, 213. Lehmann r. M' Arthur, 242. Leigh v. Shepherd, 136. Le Kenx v. Nash, 249. Lester v. Foxcrof t, 62. Lewes v. Ridge, 246. Lewis v. Read, 153. Liebenrood t<. Vines, 211. XV111 INDEX OF CASES CITED. Liford's Case, 78. Lino v. Stcphenson, 230. Linghara . Warren, 158. Lloyd v. Cheetham, 2. v. Crisp, 243. tr. Bosbee, 302. Loader v. Kemp, 197. Lock v. Furze, 235. Locke v. Matthews, 263. Lockier p. Paterson, 175. Lofft v. Dennis, 124, 191. London v. Greyme, I'.i'J. v. Southwell, 78. London and N. W. Ry. Co. v. Gar- nett, 204. London and N. W. Ry. Co. v. West, 42. London Cotton Co., In re, 143. Loring v. Warburton, 166. Love v. Pares, 219. Lovelock v. Franklyn, 72, 97. Lowe v. Griffith, 6. v. Ross, 108, 188. Lowndes v. Fountain, 213. Lucas v. Comerford, 245. v. Tarleton, 172, 180, 181. Ludford v. Barber, 28. Luxmore v. Robson, 193. Lyde v. Russell, 2'JG. Lyon v. Reed, 280. v. Tomkies, 169. v. Weldon, 168. Lyster v. Brown, 147. MACHER v. Foundling Hospital, 204. Maddon v. White, 4. Maitland v. Mackinnon, 76. Makin v. Watkinson, 197. Mallam v. Arden, 113. Mallory's Case, 113. Malpas v. Ackland, 30. Mann v. Lovejoy, 53, 54. Manning v. Fitzgerald, 74. v. Lnnn, 226. Mansfield v. Blackburn, 297. Marson r. London, Chatham and Dover Ry. Co., 75. Martin v. Gilham, 189. Martyn v. Clue, 247. v. Williams, 246. Martyr v. Bradley, 2i)7. v. Lawrence, 74. Mason v. Cordcr, 243. Massey v. Goodall, 212. Mather v. Fraser, 293. Matthias v. Mesnard, 139. Matts v. Hawkins, 216. Matures v. Westwood, 247. Mayfield v. Robinson, (1'J. Mayhew v. Suttle, 48. Mayho c. Buckhurst, 248. Mayor of Congleton v. Pattison, 247, 248. Mayor of Thetford v. Tyler, 55, 189. M'Donnell v. Pope, 280, 281. Medwin r. Sandham, 86. Melling v. Leak, 52. Merrill v. Frame, 230. Messenger r. Armstrong, 81, 303. Messent v. Reynolds, 229. Micklethwait v. Winter, 79. Mildmay v. Shirley, 55. Miller v. Maynwaring, 12, 80. Minshall v. Lloyd, 296. Minshnll v. Oakes, 247. Mitcalfe r. Westaway, 77. Mitchell v. Reynolds, 203. Molton v. Camroux, 9. Monk o. Cooper, 124. v. Noyes, 194. Moodie v. Garnance, 126. Moore v. Clark, 197. v. Drinkwater, 153. v. Plymouth, 261. Moores v. Choat, 245. Morgan v. Bissell, 45, 46. Morley v. Pinconibe, 141. Morphett v. Jones, 62, 63. Morrice v. Antrobus, 112. Morris v. Edgington, 76. Morrison v. Chad wick, 126. Mortal v. Lyons, 62. Morton v. Woods, 43, 104, 133, 264. Moss v. Barton, 59. v. Gallimore, 41, 116, 133. Mountney v. Collier, 42. Mule v. Garrett, 251. Mundy v. Jolliffe, 63. Mnspratt v. Gregory, 137, 140. NARGETT v. Nias, 143. Nash v. Gray, 114. v. Lucas, 154. v. Palmer, 233. Naylor r. Arnitt, 30. v. Collinge, 297. Neale r. Mackenzie, 66, 127. v. Parkin, 77. v. Ratcliffe, 1 '.).-. Neave v. Moss, 42. Newman r. Anderton, 1 10. Newson v. Smythies, 210, 301. Newton v. Uarland, 306. INDEX OF CASES CITED. XIX Newton v. Wilmot, 232, 261. Niblet v. Smith, 17G. Nickells v. Athcrstonc, 281. Nixon v. Freeman, 154. Noke v. Awder, 247. North Western Ry. Co. v. M'Mi- chael, 5. Norton v. Herron, 103. Norval v. Pascoe, 247. Noye v. Reed, 216. Nunn v. Fabian, 62, 63. Nuttall v. Staunton, 149, 150. OAKAPPLE v. Copous, 267. Oakley v. Monck, 56. Gates v. Frith, 112. Odell v. Wake, 249. Ogilvie t>. Foljambe, 62. Ognel's Case, 135. Omerod v. Hardman, 69. Onslow v. , 207, 208. v. Corrie, 249. Opperman v. Smith, 145, 148. Orgill v. Kemshead, 250. Orme v. Broughton, 65. Osborn v. Wise, 70, 71. Owen v. De Beauvoir, 150. v. Legh, 173. Oxley v. James, 136, 235. PACKER v. Gibbins, 124. Page v. More, 303. Paget v. Foley, 187. Pain v. Coombs, 63. Palmer v. Earith, 226. v. Edwards, 237. P^pillon v. Brunton, 272. Paradine v. Jane, 125. Parish v. Sleeman, 228. Parker v. Taswell, 65, 68. v. Webb, 247. Parmcnter v. Webber, 112, 237. Parrot v. Anderson, 129. Parry v. Deere, 97. v. Duncan, 148. v. Kindle, 12. v. House, 42. Parsons v. Gingell, 140. Patten v. Reid, 255. Paul v. Nurse, 240, 249. Panllr. Best, 1S6. Payne i\ Burridge, 227. v. Hainc, 193. Pearcc v. Cheslyn, 46. 1 'farso t: Monitor, 272. Pease v. Chaytor, 17G. Pease v. Coates, 204. Pcirsc v . Shaw, 54. Pembroke v. Berkeley, 284. Penfold v. Abbot, 229. Penley . Watts, 239. Penniall v. Harborne, 221. .Pennington v. Cardale, 18. Penry v. Brown, 195, 297. Pentpn v. Robart, 295, 296. Perring v. Brook, 45. Peter v. Kendal, 281. Phene v. Popplewell, 279. Phillips v. Berryman, 176. v. Edwards, 62. r. Hartley, 44. v. Jones, 206. v. Whitsed, 165. Pigot's Case, 105. Pigott v. Birtles, 144, 157. Pike v. Eyre, 235. Pilkington v. Dalton, 113. v. Hastings, 166. Pilling v. Armitage, 29. Pilton, Exparte, 310. Pincomb v. Thomas, 78. Pinero v. Judson, 47, 57. Pinhorn v. Souster, 240, 264. Pitman v. Woodbury, 103. Pitt v. Shew, 172. v. Smith, 44. - v. Snowden, 134. Plant v. James, 76. Pleasant v. Benson, 271, 282. Pluck v. Digges, 237. Plummer, Ex parts, 186. Pocock v. Eustace, 120. Pollen v. Brewer, 263, 306. Pollitt v. Forest, 132. Pollock v. Stacy, 237. Poole's Case, 294, 296. Poole v. Bentley, 46. v. Longneville, 144. Pope v. Biggs, 116. Pordage v. Cole, 87. Porter v. Shepherd, 87. v. Swetnam, 83. Portman v. Mill, 75. Portmore v. Goring, 106. Postman r. Harrell, 148. Potts '. Smith, 232. Poulteney v. Holmes, 112, 237. Powis v. Smith, 117. Powley v. Walker, 207, 208. Pownall v. Moores, 214. Poynter r. Buckley, 170. Pratt v. Keith, 119. Preece v. Corrie, 112, 237. Prescott v. Boucher, 135. v\ INDEX OP CA8ES CITED. Preston r. Mercean, 70. Price v. Dyer, 275. v. Worwood, 220, 287. Progress Assurance, In re, 143. Propert r. Parker, 61, 65, 86. Prosser v. Phillips, 93. Prond r. Bates, 79. Prondlove c. Twemlow, 173. Pugh v. Arton, 297. v. Griffith, 155. v. Leeds, 80. Pullen r. Palmer, 136. Pulteney v. Shelton, 271. Purvis r. Rayer, 64, 252. Pyle v. Partridge, 152. Pym r. Blackburn, 64. QUARRINGTON v. Arthur, 206. Quincey, Ex parte, 294. RAND v. Vanghan, 149. Randall v. Lynch, 84. Randle v. Lory, 92. Rankin *. Lay, 211. Rawlings v. Morgan, 198. Rawlin's Estate, In re, 36. Rawlins v. Turner, 68. Rawson v. Eicke, 45. Raymond v. Fitch, 220, 253. Readshaw r. Balders, 225. Redpath v. Roberts, 231. Rees v. Davies, 308. v. King, 91. Reeve v. Bird, 281. Reg. v. Aylesbury, 227. v. Chawton, 81, 265. v. Everist, 110. v. Hockworthy, 69, 97. v. Raines, 177. v. Recorder of Richmond, 272. . v. Slawstone, 272. v. Westbrook, 110. Regnart v. Porter, 51, 111, 131. Rex v. Banbury, 281. r. Cheshunt, 48. r. Chipping Norton, 14. r. Collctt, 51. r. Cotton, 171. ?. Dufficld North, 14. v. Jobling, 51. v. Kelstern. 48. v. Londonthorpe, 293. v. Osbonrne, 209. t>. Otley, 293. v. Topping, 90. Reynel's Case, 2 Reynolds v. Barford, 182. f. Waring, 62. Rhodes v. Bnllard, 87. Rich v. Basterfield, 191. v. Jackson, 70. v. Woolley, 14. Richardson v. Ardley, 184. v. Evans, 242. v. Gifford, 53, 54, 56, 68. v. Langridge, 50, 52, 55. Ricketts v. Weaver, 253. Ridgway v . Sneyd, 1 23. v. Stafford, 171. v. Wharton, 65. Right v. Bawdcn, 55. v. Beard, 51. v. Darby, 81. Riseley v. Ryle, 182, 183. Robbins v. Jones, 191. Roberts v. Barker, 57, 208. v. Brett, 87. v. Davey, 284. v. Hay ward, 269. Robinson v. Hoffman, 116, 136. v. Learoyd, 303. v. Macdonnell, 96. v. Rosher, 245. v. Waddington, 169. Rockingham v. Penrice, 114. Roden v. Eyton, 167, 171. Rodgers v. Parker, 172, 173, 181. Roe v. Archbishop of York, 281. v. Charnock, 265. v. Galliers, 88. v. Harrison, 241, 242. v. Hayley, 275. v. Lees, 52. v. Paine, 194. v. Pierce, 269. v. Summerset, 30. i: Sales, 236. v. Ward, 267. r. Wilkinson, 265. Roffey v. Henderson, 297. Rogers v. Humphreys, 41, 116, 133. r. Pitcher, 129. Rolfe P. Peterson, 118. Rollason v. Leon, 68. Rolls r. Rock, 78. Roper r. Coombes, 64. ln. Froggatt, 84. Saffyn's Case, 107. Sainter v. Ferguson, 65. Salmon v. Matthews, 110. Saltoun v. Houstoun, 84. Sampson v. Easterby, 84, 248. Sanders v. Karnell, 56. Sapsford v. Fletcher, 121. Saunders v. Merryweather, 89. v. Oliffe, 76. v. Wakefield, 62. Saunderson v. Hanson, 120, 121. Saward v. Leggatt, 192. Say v. Barwick, 44. v. Smith, 81. Scales v. Lawrence, 194. Scott v. Buckley, 154. Seers v. Hind, 241. Selby v. Greaves, 111. v. Selby, 61. Semayne's Case, 155. Senior t\ Armytage, 301. Seton v. Slade, 61. Sharp v. Milligan, 86. Shaw v. Kay, 80, 195. v. Stenton, 233. Shillibeer v. Jarvis, 63. Shippey v. Derrison, 61. Shopland v. Ryoler, 236. Simmons . Norton, 199, 218. Simons v. Farren, 204. Simpkin v . Ashhurst, 49. Simpson v. Hartopp, 138, 139, 141. v, Scottish Union Insurance Co., 222. . v. Titterell, 284. Sims v. Thomas, 187. Six Carpenters' Case, 166. Skerry v. Preston, 129. Skull v. Glenister, 69, 76. Slack v. Crewe, 31. Slator v. Brady, 4, 5. v. Trimble, 4. Sleap v. Newman, 255. Slingsby's Case, 87. Slipper v. Tottenham and Hamp- stead Junction Ry. Co., 241. Smallman v. Pollard, 183. Smith v. Ashforth, 167, 159. v. Chance, 212. v. Clark, 272. v. Eldridge, 188. v. Goodwin, 158, 166. v. Humble, 120, 228. Smith v. Low, 5, 42, 43. v. Malings, 126. v. Mapleback, 112, 237, 279. v. Man-able, 202. v. Peat, 197. v. Ridgway, 76. v. Russell, 141, 183. v. Twoart, 188. v. White, 201. v. Wilson, 71. v. Wright, 162. Snell v. Snell, 219. Solme v. Bullock, 76. Somerset v. Fogwell, 69. Sorsbie v. Park, 87. Soulsby v. Neving, 302, 304. Souter v. Drake, 252. Southwark (St. Saviour's) v. Smith, 245. Spencer v. Marriott, 234, 238. Spencer's Case, 110, 247, 248, 259. Spenser's Estates, In re, 2. Spice v. Webb, 156. St. Alban's v. Ellis, 84, 85. v. Shore, 87. St. Saviour's (Southwark) v. Smith, 245. Staines v. Morris, 250, 251. Standen v. Christmas, 252. Staniforth v. Fox, 46. Stanley v. Hayes, 232. v. Wharton, 145, 147. Stansfield v. Mayor of Portsmouth, 297. Staveley v. Allcock, 136. Steele v. Mart, 73, 80. v. Midland Ry. Co., 75. Steer v. Crowley, 96. Steeven's Hospital v. Dyas, 15. Stevens v. Copp, 249. Steiglitz v. Egginton, 31. Stevenson v. Lambard, 126, 246, 247. v. Newnham, 152. Stevenson's Case, 84. Stiles v. Cowper, 29. Stokes v. Moore, 61. Stone v. Whiting, 281. Storey v. Robinson, 140. Story v. Johnson, 5. Stranks v. St. John, 64. Strond, In re, 52, 70. Stubbs v. Parsons, 120. Sturgeon r. Wingfield, 42. Stnrgess v. Farringdon, 121. Styles v. Wardle, 80. Sucksmith v. Wilson, 301. Sullivan v. Bishop, 111, 304. XX 11 INDEX OF CASES CITED. Sumncr v. Bromilow, 297, 298. Surcomo v. Pinnigcr, 63. Snrplice r. Farnsworth, 126. Sutherland v. Briggs, 63. Sutfcon v. Temple, 125, 202. Swaine r. Hohnan, 13. Swann v. Falmouth, 156, 163. Swatman r. Ambler, 103. Sweet v. Scager, 227. Swinfen v. Bacon, 302. Swire v. Leach, 139, 140. TANCRED v. Christy, 302. - v. Leyland, 151, 152. Tanner v. Christian, 103. Tarte v. Derby, 46. Tatem v. Chaplin, 247. Taunton v. Costar, 305. Taylerson v. Peters, 149. Taylenr v. Wildin, 274. Taylor v. Caldwell, 47. 1 v. Jackson, 44. v. Lanyon, 181. v. Heads, 9. v. Need ham, 42. v. Portington, 65. v. Sham, 249, 255. v. Zamira, 121, 122. Tempest v. Kawling, 45. Temple v. Brown, 64. Tennant v. Field, 156, 159, 165, 166. Tew v. Jones, 51. Theed v. Starkey, 226. Thetford v. Tyler, 55, 189. Thomas v. Cook, 281. v. Harries, 156, 160. v. Hayward, 247, 248, 249. v. Packer, 67. v. Thomas, 267. Thompson v. Hakewill, 88. v. Lap worth, 227. v. Maberly, 265. . Mashiter, 140. Thorn v. Woolcombe, 237. Thornton v. Adams, 148. v. Sherratt, 206. Thresher v. E. London Waterworks Co., 295. Thnnder . Belcher, 41, 236. Thynne v. Glengall, 62, 65. Tidey v. Mollett, 68. Tidswell r. Whitworth, 228. Timmins v. Rowlison, 304. Tinckler v. Prentice, 119, -^:> Tolerw. Slater, 12, in I. Tomlinson r. Day, 126. Tookcr v. Smith, 57. Toplis v. Grane, 152. Torriano v. Young, 189, 200. Towne v. D'Heinriche, 108, 188. Townrow v. Benson, 119. Trappes . Harter, 293, 295. Tremcere r. Morrison, 255. Trent v. Hunt, 116, 134, 165. Tress v. Savage, 53, 54. Turner v. Allday, 112. v. Barnes, 149. v. Cameron, 139, 293. r. Camerons, &c. Co., 107. v. Ford, 171. v. Hutchinson, 31. v. Meymott, 305. v. Power, 66, 94. Tutton v. Darke, 150. UPTON v. Fergnsson, 230. v. Townend, 230, 231. VALLIANT v. Dodemede, 249, 250. Van v. Corpe, 86, 238. Vasper v. Eddows, 163. Venning v. Bray, 115. Vere v. Loveden, 86. Vernon v. Smith, 247. Vertue v. Beasley, 166. Vivian v. Blomberg, 20. Vonhollen v. Knowles, 74. Vowles v. Miller, 216. Vyvyan v. Arthur, 247. WADDILOVE v. Barnett, 116. Wadham v. Marlowe, 260, 257. Wagstaff v. Clack, 141. Wain v. Warlters, 62. Wakefield v. Brown, 247. Wakeman r. Lindsey, 164. Walker v. Giles, 7i'." v. Godd, 56, 267. v. Hatton, 192, 238, 239. v. Richardson, 281. Walker's Case, 127. Wallace v. King, 169, 180. v. M'Laren, 116. Waller v. Andrews, 120, 122. Wallis v. Delmar, 263. Walls r. Atcheson, 231. Walmsley r. Milne, 293. Walsall v. Heath, 12. Walter r. Rnmbal, 165, 170. Walters r. Northern Coal Mining Co., 66. INDEX OF CASES CITED. XXlll Wankford v. Wankford, 30. Wansbrough v. Maton, 293. Ward v. Andrews, 217. v. Byrne, 203. v. Const, 228. v. Day, 47, 286, 287. v. Hartpolc, 44. v. Lumley, 281. - v. Shew, 134. Wardcll v. Usher, 295. Warman v. Faithfnil, 46. Warner v. Willington, 62. Warwicke v. Noakes, 129. Washborn v. Black, 158, 159. WathereU v. Howells, 198. Watkins v. Gravesend and Milton Union, 47. Watson v. Atkins, 228. v. Home, 228. v. Main, 149. v. Wand, 83. Weakly v. Bucknell, 54. Weatherall v. Geering, 241. Weaver v. Sessions, 205. Webb v. Austin, 42. v. Plnmmer, 208, 301. v. Rorke, 44. v. Russell, 252. Weeton . Woodcock, 296. Weigall v. Waters, 119, 191. Wells v. Moody, 156, 157. Welsh v. Rose, 151. West v. Dobb, 242, 248. v. Fritch, 104. v. Nibbs, 166. Westwood v. Cowne, 168. Whalley v. Tompson, 76. Wharton v. Naylor, 141. Wheeler v. Branscombe, 116. v. Montefiore, 107. . v. Stevenson, 231. Whistler v. Pasloe, 78. Whitchurch v. Bevis, 64. White v. Binstead, 184. v. Foljambe, 42. v. Wakley, 196. Whiteacre v. Symonds, 274. Whitehead v. Bennett, 295. v. Clifford, 279. v. Taylor, 136. Whitfield v. Brandwood, 120, 228. v. Weedon, 215. Whitley v. Roberts, 137. Whitlock v. Horton, 72. Whitlock's Case, 84. Whit more r. Walker, 116, 121, 122. Whittaker v. Barker, 301. Whitty j'. Dillon, 217. Whitworth v. Maden, 181. Wickenden v, Webster, 203. Wickham v. Hawker, 261.' v. Lee, 304. Wigglesworth v. Dallison, 300, 301. Wildbor v. Rainforth, 305. Wilde v. Waters, 298. Wilder v. Speer, 162. Wilkinson v. Colley, 271. v. Ibbett, 170. v. Rogers, 205, 247. v. Terry, 152. Willcox v. Marshall, 62. Williams v. Bartholomew, 117. v. Bosanquet, 245, 247. v. Burrell, 234. v. Earle, 248. v. Evans, 245. v. Hayward, 237. v. Holmes, 132, 139. v. Lake, 61, 62. v. Lewsey, 182. v. Roberts, 146, 147. Willoughby v. Backhouse, 156. Wills v. Stradling, 63. Willson v. Davenport, 119. Wilmot v. Rose, 210. Wilson v. Chisholm, 46. v. Hart, 238. v. Nightingale, 164. v. Whateley, 297. v. Wilson, 220. Wilton v. Dunn, 116. Wiltshear v. Cottrell, 293. Winn v. Ingleby, 294. v. White, 196. Winterbottom v. Ingham, 51. Winterbourne v. Morgan, 172. Wiscot's Case, 1 1. Withers v. Bircham, 87. Witton v. Bye, 112. Witty v. Williams, 132. Wollaston v. Hakewill, 237, 246, 254, 255. v. Stafford, 158. Wolveridge v. Steward, 250, 251. Wood v. Clarke, 139. v. Leadbitter, 47, 69. v. Manley, 47. r. Nunn, 148, 156. v. Tate, 14. Woodcock v. Worthington, 106. Woodhouse v. Jenkins, 234. Woods v. Durrant, 159. v. Pope, 198. Woodward v. Gyles, 118. Woolcock v. Dew, 193. Woollam e. Ucarn, 69. XXIV INDEX OF CASES CITED. Wootley r. Gregory, 165. Worthington v. Gimson, 76. . Warrington, 97. Wotton r. Hele, 233. Wright P. Colls, 65. r. Smith, 302. 0. Stavert, 61. Wybnrd v. Tuck, 80. Wyndham v. Way, 78, 294. YATES v. Ratledge, 182, 183. v. Tearle, 175. Yaw v. Leman, 228. Yellowly v. Gower, 31, 190, 200. Yeoman v. Ellison, 137. ZOUCH v. Parsons, 4, 5. v. Willingale, 273. INDEX OF STATUTES CITED. The letter t. indicates that the reference to the Statute is contained in the text. The letter n. refers to the foot note containing the reference to the Statute. Where neither of these letters is appended to the number of the page, the reference to the Statute may be found in the margin; and, generally, in that case, the essential words of the Statute are quoted. PAGE 51 Hen. 3, stat. 4 143 r>2Hen. 3, c. 4 157 52 Hen. 3, c. 15 144 3Edw. 1, c. 16 145 n. (h), 101 n. (d) 7 Edw. 1, stat. 2, c. 1 15 n. (x) 32 Hen. 8, c. 28, ss. 1, 2, 4 15 32 Hen. 8, c. 34, ss. 1, 2 252 32 Hen. 8, c. 37, ss. 1, 3 135 5 & 6 Edw. 6, c. 16, ss. 2, 3 2 n. (c) 1 & 2Ph.& M.c.l2,s.l 160 s.2 174 1 Eliz. c. 19, s. 5 18 13 Eliz. c. 10, s. 3 18 14 Eliz. c. 11, ss. 17, 19 18 14Eliz.c.l4 18.(k) 18 Eliz. c. 11, s. 2 20 39 Eliz. c. 5, s. 2 18 n. (k) 15 Car. 2, c. 17, s. 8 105 19 Car. 2, c. 6 276 n. (c) 29 Car. 2, c. 3, ss. 1, 2 67 s. 3 244, 279 - s. 4 61 2 Will. & M. sess. 1, c. 5 159 t, s.2 160 /., 164, n. (s), 167, 169 s. 3 137,160,171 s. 4 163 -* s.5 179 1 Anne, stat. 1, c. 7, ss. 5, 6 22 2 & 3 Anne, c. 4 105 4 Anne, c. 1(>, s. 9 117, L'.'.:$ s.lO .. 116 n, (a), 117, 253 5 Anne, c. 18 105 6 Anne, c. 18, s. 1 27C. 8.2 276 . (f) ss. 3, 5 277 6 Anne, c. 35 105 XXVI INDEX OF STATUTES CITED. PAGE 7 Anne, c. 12, s. 3 143 . (u) 7 Anne, c. 20 105 8 Anne, c. 14 158 t. 8.1 181, 184 t. 8.2 146n.(n) 88.6,7 149 2 Gco. 2, c. 22, s. 13 119 n. (t) 4 Gco. 2,c. 28 159 t. 8.1 302 s.6 282 8Geo. 2, c. 6 105 8 Geo. 2, c. 24, as. 4, 5 119 . (t) 9 Geo. 2, c. 36, s. 1 . . . . 22, 23 fcit. (u), (y), 24 . (c), 25 n. (e) 8.3 22,23,.(u) 11 Geo. 2, c. 19 1C4 t. s. 1 H5 8.2 146 88.3,4 147 8.7 146 8.8 138, 145, 160, 168 t. t 173 n. (s) 8.9 160, 164 n. (t), 166 8.10 158 s.14 188 s.16 310 s.17 310 t. 8.18 304 s.19 180 8.20 181 5 Geo. 3, c. 17, s 1 15 13 Geo. 3, c. 81, s. 15 29 14 Geo. 3, c. 78 247 t s. 83 222 s. 86 190 38 Geo. 3, c. 5, s. 17 120 n. (e) 39 & 40 Geo. 3, c. 41 18 n. (m) 47 Geo. 3, seas. 2, c. 25, s. 4 2 re. (e) 48Geo.3,c.73 22 t. 48 Geo. 3, c. 149, ss. 22-25 73 re. (r) 52 Geo. 3, c. 161 .. 22 t. 65 Geo. 3, c. 184, s. 8 73 w. (r), 96 t. 56 Geo. 3, c. 50, ss. 1, 2, 3 209 8.5 *209. 8.6 142 8.7 208 8.11 210 67 Geo. 3, c. 52 310 n. (a) 67 Geo. 3, c. 93, s. 1 173 8.2 174 8.6 175 sched 167 re. (i), 174 3 Geo. 4, <^ 26, s. 57 69 n. (i) 10 Geo. 4, 50, ss. 22 24, 26 33 22 8.92 93*. 11 Geo. 4 & 1 Will. 4, c.65, s. 12 6,12 8.15 6 s. 1C, 6,12 a.17 3 1 & 2 Will. 4, c. 32, ss. 8, 1 1 259 INDEX OF STATUTES CITED. XXVU ' PAGE 1 &2 Will. 4, c. 32, 8. 12 260 3 & 4 Will. 4, c. 27, s. 2 150 _ s.42 151,188 3 & 4 Will. 4, c. 42, s. 3 187 , 88.4,5 188*. (g) s.37 135 8.38 136 3 & 4 Will. 4, c. 74, as. 15, 34 26 8.40 26,27 s. 41 27 ss.77,79 9 5 & 6 Will. 4, c. 76, ss. 94, 95, 96 21 6 '& 7 Will. 4, c. 20, s. 1 20 s.4 21 6 & 7 Will. 4, c. 64 20 n. (r) 6 & 7 Will. 4, c. 71, s. 70 120 n. (h) 6 & 7 Will. 4, c. 104, s. 2 21 1 & 2 Viet. c. 74, s. 1 306 s. 2 308 s. 3 309 s. 4 309 t. 1 & 2 Viet. c. 106, s. 28 21 s.59 19 2 & 3 Viet. c. 71, s. 39 179 5 & 6 Viet. c. 27 16, 20 t. 8.15 16 n. (b) 5 & 6 Viet. c. 35, s. 60 223 n. (e) s. 73 225 s.103 119 n. (z), 225 5 & 6 Viet. c. 97, s. 2 164 n. (n), 310 t. 5 & 6 Viet. c. 108 19*., 20 t. ss.19,18,2032 16 6 & 7 Viet. c. 40, ss. 1, 2 142 t. ss. 18, 19 142 7 & 8 Viet. c. 66, s. 5 13 7 & 8 Viet. c. 96. s. 67 182 8 & 9 Viet. c. 106, s. 2 72, 82 n. (m) s. 3 67, 244, 279 8.9 282 8 & 9 Viet. c. 124, ss. 1, 2, 3 317 88.48 318 12 & 13 Viet. c. 26, ss. 2, 4 32 s. 5 32 n. (o) s. 7 33 12 & 13 Viet. c. 92, ss. 5, 6 161 13 Viet. c. 17, s. 2 34 s. 3 33 14 & 15 Viet. c. 25, s. 1 2W s.2 141, 142 H. (t), 184 8.3 2'.C s. 4 m . . 225 14 & 15 Viet. c. 99, s. G W . . 106 t . 14 & 15 Viet. c. 104, s 11 19 15 & 16 Viet. c. 76, s. 209 815 - 8. 210 284 n. (o), 285, 288 . (o) s.211 28S s.212 '-'-'. i 3.213 .. .. 313 XXV111 INDKX OF STATUTES CITED. PAGE 1.-) & 16 Viet. c. 76, s. 214 314 8.218 315 15 & 16 Viet. c. 80 3 n. (i) 16 & 17 Viet. c. 70, SB. 113, 114, 115 8 s. 127 240 n. (q) 88.129,130134 7 17 & 18 Viet. c. 60, 8. 1 ..162 17 & 18 Viet. c. 125, ss. 79 S2 200 n. (s) 19 & 20 Viet. c. 108, ss. 50, 52 311 ss. <;:?, M 176 ss. Go, 66 177 s. 70 177 t. s.71 178 -8.75 184 19 & 20 Viet. c. 120, ss. 2 10 4, 8, 11 s. 2 35 __ s.3 37*. s. 4 35 t. 8.5 40 s. 6 35 t. s.7 39 s.8 37 s. 9 39 s.10 39 s. 16 11,37 ss.17,18 37 ss.19,20 38 s. 26 38 s.27 35 t. ss. 28, 29 40 s. 32 28 8.33 ..' 11 s. 34 10, 36 t. s. 36 . . . . 4,8 _ ss.37,38,39 11 s.40 38 8.43 40 s. 44 10 t., 35 n. (r) 21 & 22 Viet. c. 27, s. 2 66 21 & 22 Viet. c. 44 22 t. 21 & 22 Viet. c. 57 20 t. 8.1 16 s.9 19 21 & 22 Viet. c. 77, s. I 35 n. (r) s. 2 . . . . 35 n. (s) B. 3 29 s.4 35 n. (t) s. 5 40 n. (y) 8.8 H-(g) 22 & 23 Viet. c. 36 290 t. m ss.1,2 .. .. ? 243 B. 3 253 ss.4,5,6 289 8.7 222 8 . 9 222 t. s.12 34 8.21 245 s.27 255 INDEX OF STATUTES CITED. PAOK 23 & 24 Viet. c. 38, s. 6 .. 287 23 & 24 Viet. c. 59, s. 3 22 t. 23 & 24 Viet. c. 124, s. 8 19 23 & 24 Viet, c.l 26, ss. 1,2,3 290 ss. 4 11 290*. 24 Viet. c. 9 26 n. (e) , s.l 23 w. (x) 24 & 25 Viet. c. 21, s. 2 20r> t. 24 & 25 Viet. c. 105 20 24 & 25 Viet. c. 133, s. 38 120 n. (g) 25 & 2G Viet. c. 52 20 25 & 26 Viet. c. 89, s. 84 143 t. s.163 143 26 & 27 Viet. c. 49, ss. 21 26 22 t. 26 & 27 Viet. c. 106 24 TO. (d) 27 & 28 Viet. c. 45, s. 1 39 n. (x) s. 3 35 w. (r) 28 & 29 Viet. c. 96, s. 2 169 . (s) 28 & 29 Viet. c. 99, s. 1 62 n. (o) 29 & 30 Viet. c. 57, s. 2 .. .. 24 . (b) 29 & 30 Viet. c. 81 16 ft. (a) 30 & 31 Viet. c. 142, s. 11 315 31 & 32 Viet. c. 44 23 n. (t) 32 & 33 Viet. c. 41, ss. 1, 2 224 s.3 224 w. (h) s.4 224 >t. (i) s.8 224 32 & 33 Viet. c. 70, s. 89 224 w. (g) 32 & 33 Viet. c. 71, s. 11 186 . (e) s. 15 .. .. .. .. .. 256 n. (u) s.17 256 ss. 23, 24 257 s.34 152 w. (y), 186 s. 35 187 8.125(7) 187 8.125(9) 187 . (e) 33 Viet. c. 14, s. 2 13 33 & 34 Viet. c. 23, ss. 6, 8 14 s. 10 258 s.12 14, 258 s. 14 258 33 & 34 Viet, e, 35, ss. 2, 3, 4 127 s. 5 127 w. (y) s. 7 188 33 & 34 Viet. c. 93 9 . (i-) 33 & 34 Viet. c. 97 98 s. 8 97 s. 10 9(5 83.15,16 94 s.17 95 s. <>:$ .. 102 8. J)(J 6(5 s. 97 99 s.98 100 ss. 99, 100 101 sehed 67, 96 n. (r), 102, 1G8, 27! n. (in) 33 & 34 Viet. c. 99 73 . (r) ABBREVIATIONS USED IN THE CITATION OP CASES AND TEXT BOOKS. A. & E Aleyn . . . . . . Ambl Anstr. . . . . Atk. Bac. Abr. . . Ballfc B Barnes B. &A B. &Ad B. & C B. & S Beav. . . . . . . Bing Bing. N. C. Black. Com. H. Bl W. Bl Bli Bli., N. S B. & P B. & P. N. R O. Bridg. Rep B. &B Bro. C. C Bro. P. C Bullen & Lcakc's Pleadings Ball. N. P Bulstr Bnrr. . , Camp. Car. & M C.&K. C. &P C. B C.B.,N. S Adolphns & Kills'* Reports. Aleyn's Reports. Ambler's Reports. Anstruther's Reports. Atkyn's Reports. Bacon's Abridgment, tit Leases (5th Edit, by Gwillim). Ball & Beatty's Reports. Barnes's Notes of Cases. 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Dart V. & P. DC G., F. & J. DeG. & J... DeG. & S... De G., J. & S. De G., M. & G. Dougl. Dow .. Drew. . . E. &B. .. E. &E. .. East.. E.,B. &E... Esp Ex F. & F. Forrest . . G. & D. Giff Godb. Gow H. & C. II. & N. Hardr. Hare Hem. & M. . . II ill's Rep. .. II. L. C. Hob. licit, N. P.. . Cases in Chancery. Chitty's Reports. Chitty on Pleading (7th Edit). Coke on Littleton (Hargravc & Butler's Edit.). Coke's Reports. Colles's Parliamentary Cases. Comyn's Digest. Cowper's Reports. Cox's Reports. Croke's Reports, Part 1. Croke's Reports, Part 2. Croke's Reports, Part 3. Crompton & Jcrvis's Reports. Crompton & Meeson's Reports. Crompton, Meeson & Roscoe's Reports. Dowling & Lowndes's Reports. Dowling & Ryland's Reports. Dart on Vendors and Purchasers (4th Edit.). De Gex, Fisher & Jones's Reports. De Gex & Jones's Reports. De Gex & Smales's Reports. De Gex, Jones & Smith's Reports. De Gex, Macnaghten & Gordon's Reports. Douglas's Reports. Dow's Parliamentary Cases. Drewry's Reports. 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Younge 's Reports. ( xxxiv ) ERRATA. Page 30, note (d), for " Doe v. Hayet" read " Doe v. Stnryes" (the mar- ginal headings to this case in Tannton's Reports are wrong). 164, last line of text, for tenant" read " landlord." THE 4 mtd CHAP. I. REQUISITES TO THE EXPRESS CREATION OF THE RELATION OF LANDLORD AND TENANT. PAGE SECT. I. PROPERTY CAPABLE OF BEING LET 1 II. PERSONS CAPABLE OF MAKING AND TAKING LEASES . . 2 (1) Restrictions arising from disability.. . . .. 2 Infants . . . . . . . . . . . . 2 Lunatics . . . . . . . . . . . . 7 Married women . . . . . . . . . . 9 Aliens . . . . . . . . . . 13 Convicts . . . . . . . . . . 14 Corporations . . . . . . . . 14 Ecclesiastical . . . . . . . . . . 15 Municipal . . . . . . . . . . 21 The crown 22 Trustees for charitable uses . . . . . . 22 (2) Restrictions arising from limited interest . . . . 26 Tenants in tail . . . . . . . . . . 26 Tenants for life 28 Copyholders 29 Joint tenants . . . . . . . . . . 30 Trustees 30 Executors and administrators . . . . . . 30 Agents . . . . . . . . . . . . 31 Leases under powers . . . . . . . . 31 Leases of settled estates . . . . . . . . 34 Mortgagor and mortgagee . . . . . . 41 Leases by estoppel . . . . . . . . 42 (3) Restrictions arising from confidential relations . . 43 III. AN ACTUAL LETTING . . . . . . . . . . 44 Agreements distinguished from leases . . . . . . 44 IV. OF THE EXCLUSIVE POSSESSION OF THE PREMISES . . 47 Licences distinguished from leases . . . . . . 47 Occupation as servant or agent . . . . . . . . 47 SECT. I. Property capable of being let. IN accordance with the rule that whatever may be granted for ever may be granted for a time, leases may General rule. be made of all kinds of interests and possessions ; not F. B 2 REQUISITES TO RELATION OF LANDLORD AND TENANT. only of lands and houses, but also of goods and chattels, live stock and incorporeal hereditaments (a). Exceptions. But offices to which a trust is annexed (ft), or which concern the administration of justice, cannot be abso- lutely leased for years (c). Dignities and honours cannot be granted for years (d ). Assignments of pensions granted by the crown for military services are void (e). SECT. II. Persons capable of making and taking Leases. Alien enemies. Alien enemies, since they are disabled from maintain- ing any action or getting anything within the realm (f\ can neither make nor take leases of any kind of property. But in other cases leases for limited terms, and sub- ject to the observance of conditions and restrictions, may be granted or accepted by, or on behalf of, persons ordinarily unable to contract, or possessing only a limited interest in the demised premises. (1) Restrictions arising from Disability. Infants. Where any person under the age of twenty-one years shall be seised or possessed of (g), or entitled to (a) See Bac. Abr. (A.) 7. 16 b ; 9 Co. R. 97 b. (ft) It would seem that the (e) Stat. 47 Geo. 3, sess. 2, c. 25, patronage of a grammar-school, s. 4 ; Lloyd v. Cheetham, 3 Giff. granted by letters-patent to the 171 ; 30 L. J., Ch. 640. See founder and his heirs, is capable Heald v. Hay, 3 Giff. 467 ; 31 of being leased. See Att.-Gen. T. L. J., Ch. 311 ; Carem v. Cooper, Brentnood School, 3 B. & Ad. 59. 4 Giff. 619; 33 L. J., Ch. 289; (c) Bac. Abr. (A.) 810; 13 W. R. 686. ReyneFs Case, 9 Co. R., at p. (/) See Calvin?* Case, 7 Co. 96 b ; Howard v. Wood, 2 Lev. R., at p. 17. 245 ; see also Stat. 5 & 6 Edw. 6, (g) See In re Clark, 35 L. J., c. 16, ss. 2, 3. Ch. 314; L. R., 1 Ch. 292 ; In (d) Bac. Abr. (A.) 10 ; Co. Lit. re Spenser's Estates, 37 L. J., PERSONS CAPABLE OF MAKING AND TAKING LEASES. 3 any land in fee or in tail, or to any leasehold land for Stat. 11 Geo. 4 an absolute interest, and it shall 'appear to the Court c 65j g 1 jj ' of Chancery to be for the benefit of such person that a Leases may be lease or underlease should be made of such estates for tion of Court terms of years, for encouraging the erection of buildings of Chancer 7- thereon, or for repairing buildings actually being thereon, or the working of mines, or otherwise improving the same, or for farming or other purposes, it shall be lawful for such infant, or his guardian in the name of such in- fant, by the direction of the Court of Chancery, to be signified by an order to be made in a summary way upon the petition of such infant or his guardian, to make such lease of the land, or any part thereof, accord- ing to his interest therein, and to the nature of the tenure of such estates, for such term of years and subject to such rents and covenants as the said court shall direct (A). But in no such case shall any fine be taken, and in Requisites, every such case the best rent that can be obtained, regard being had to the nature of the lease, shall be re- served, and the lease shall be settled and approved of by a master of the said Court (z) ; and a counterpart of every such lease shall be executed by the lessee, and de- posited in the master's office (J) till such infant shall attain twenty-one. Provided that no lease be made of the capital mansion- house and the park and grounds respectively held there- with for any period exceeding the minority of any such infant. Ch. 18; In re Evans, 2 My. & K. the Rolls. See Stat. 15 & 16 Viet 318. c. 80. (A) See Harris Y. Davit, 9 Jur. (.;') Now in the Record and 1084. Writ Clerks' Office. Ord. 42, (i) Now in the chambers of a r. 3. Vice-Chancellor or the Master of u2 REQUISITES TO RELATION OF LANDLORD AND TENANT. Stat. 19 & 20 Viet. c. 120, ss. 210. Leases of in- fants' settled estates may be authorized by Court of Chancery. Sect. 36. Leases by in- fants not in pursuance of statutes. Leases of the whole or any parts of settled estates to which infants are entitled, or of any rights or privileges affecting such estates, may be authorized by the Court of Chancery, upon the application of guardians on behalf of infants, for the terms of years and subject to the provisions and restrictions contained in the Settled Estates Acts (&). But in the cases of infant tenants in tail no application to the Court, or consent to any application, may be made or given by any guardian without the special direction of the Court. A lease reserving rent, granted by an infant other- wise than under the provisions of these statutes, may be avoided by him on attaining his majority (Z), or by his heir if he dies before that event (TW). It has been doubted whether a lease reserving no rent, or a no- minal rent merely, is not absolutely void, because then, as it is said, there is no semblance of benefit to the infant. But there is no authority for the proposition that the rent reserved in an infant's lease must be the best, in order to prevent it from being void (n). An infant cannot avoid a lease reserving rent until he comes of age (o), and if the lessee is then in possession the lessor who desires to disaffirm the lease must manifest his intention to do so by some act of notoriety, as eject- ment, entry, demand of possession, or the like ; or must (*) See pott, p. 34. (J) Zouch v. Parsons, 3 Burr, at p. 1806 ; Slator v. Brady, 14 IT. C. L. R., Ex. 61 ; Slator y. Trimble, 14 Ir. C. L. R., Q. B. 342, 351 ; Bac. Abr. (B.) 11. It has been said, however, that an infant cannot avoid a lease which is for his benefit. Per Buller, J., in Maddon T. White, 2 T. R., at p. 161. See JZetsey's Case, Cro. Jac. 320. O) Co. Lit. 45 b. (ra) Judgment in Slator v. Brady, 14 Ir. C. L. R., Ex., at p. 65. See also judgment of Hayes, J., in Slator v. Trimble, Id., at p. 356. (0) Bac. Abr. (B.) 11 ; Slator T. Trimble, 14 Ir. C. L. R., Q. B., 342, 352, 356. But see remarks of Parke, B., 5 Ex. 124. PERSONS CAPABLE OF MAKING AND TAKING LEASES. at the least give notice (/?). The execution by him of a new lease of the same premises to another person will not divest the estate created by the former demise (y). If the lessor, after attaining his majority, accepts rent due after that event, or otherwise, either verbally or by deed, recognizes the lease as subsisting, he cannot subsequently avoid it (r). The lease of an infant, to be good, must be his own personal act. If he appoints a person to make a lease it does not bind the infant, nor is the infant's ratifica- tion of such lease binding (s). The lessee can in no case avoid the lease on account of the infancy of the lessor (t). Leases granted to infants may be avoided by them Leases to in- when they come of age ; and if at that period the lessee disaffirms the lease, he is not liable for rent (M). If, however, he continues to occupy the demised pre- mises, and does not signify his intention to avoid the lease within a reasonable time after attaining his ma- jority, he becomes liable to pay the rent (including arrears accrued during his minority (ar) ), and to perform all the other obligations attached to the estate (y). If the premises comprised in the lease come within the (p) See judgment in Slator v. in Zouch v. Parsons, 3 Burr., at Brady, 14 Ir. C. L. R., Ex., at p. 1806. p. 66. (M) Ketsey's Case, Cro. Jac. ( q) Slator v. Brady, 14 Ir. C. 320 ; S. C., nom. Kirton v. El- L. R., Ex. 61. liott, 2 Bulst. 69. See 7 Burr. (r) Ashfield v. Ashfield, W. 719. Jones, 157; Smith v. Loro, 1 Atk. (a;) Bac.Abr. (B.) 12; Ketsey's 489 ; Story v. Johnson, 2 Y. & Case, Cro. Jac. 320. C., Ex. 586; Anon., 4 Leon. 4. (y) North Western By. Co. v. See Baylis v. Dinely, 3 M. & S., M' Michael, 5 Ex. 114, 124; 20 at p. 481. L. J., Ex. 97 ; Holmes v. Blogg, (*) Per Parke, B., in Doe v. 8 Tannt. 35, 39. See Kelly v. Roberts, 16 M. & W., at p. 781. Coote, 5 Ir. C. L. R. 469. (<) Per Lord Mansfield, C. J., 6 REQUISITES TO RELATION OF LANDLORD AND TENANT. designation of necessaries, the infant lessee is liable for the rent (z). Stat. 1 1 Geo. 4 Where any person under the age of twenty-one c. 65 s! 12. ' years, or a feme covert, is entitled to any lease for life or years, it shall be lawful for such person, or his guardian or other person on his behalf, and for such feme covert or any person on her behalf, to apply to the Court of Chancery in England, the Courts of Equity of the Counties Palatine of Lancaster and Durham, respectively, as to land within their respective jurisdic- By order of tion, by petition or motion ; and by the order and direc- Chancery ^on of the said Courts respectively such infant or feme leases to which CQV ert, or m ' s guardian, or any person appointed in the married place of such infant or feme covert by the said Courts women are en- _ .. . , , , , titled may be respectively, may from time to time by deed surrender anTrenewed suc ^ ^ ease an( * a 006 ?* ^ n ^e place, and for the benefit of such person under the age of twenty-one years, or feme covert, one or more new lease or leases of the premises comprised in such lease surrendered, for such number of lives, or for such term or terms of years determinable upon such number of lives, or for such term or terms of years absolute, as was or were men- tioned in the lease so surrendered at the making thereof, or otherwise as the said Courts shall respectively direct. Sect. 15. Every lease to be renewed as aforesaid shall operate Renewed lease ^ tne game uses, and be liable to the same trusts, to be to same uses, &c. as charges and conditions, as the lease surrendered would surrendered ... lease. have been subject to in case such surrender had not been made. Sect. 16. Where any person under the age of twenty-one rtie Courtof years, or a feme covert, might, in pursuance of any Chancery in- covenant or agreement, if not under disability, be com- fants may accept of sur- pelled to renew any lease, it shall be lawful for such (z) See Lone v. Griffith, 1 Scott, 458. PERSONS CAPABLE OF MAKING AND TAKING LEASES. infant, or his guardian in the name of such infant, or renders of such feme covert, by the direction of the Court of ma t e new Chancery, to be signified by an order to be made in a leases - summary way upon the petition of such infant or his guardian, or of such feme covert, or of any person entitled to such renewal, from time to time to accept of a surrender of such lease, and to make a new lease of the premises comprised in such lease, for such number of lives, or for such term or terms determinable upon such number of lives, or for such term or terms of years absolute, as was or were mentioned in the lease so sur- rendered at the making thereof, or otherwise as the Court by such order shall direct. Where a lunatic is entitled to land in fee or in tail, Lunatics. or to leasehold land for an absolute interest, and it !?* 1G * 17 V ICC. C. T Uj appears to the Lord Chancellor to be for his benefit s. 129. that a lease or underlease should be made thereof for terms of years, for encouraging the erection of build- mittee nnder * order of Lord ings thereon, or for repairing buildings actually being Chancellor. thereon, or otherwise improving the same, or for farm- ing or other purposes, the committee of the estate may, in the name and on behalf of the lunatic, under order of the Lord Chancellor, make such lease of the land or any part thereof, according to the lunatic's estate and interest therein, and to the nature of the tenure thereof, for such term or terms of years, and subject to such rents and covenants as the Lord Chancellor shall order. Under the same order, leases may be made of mines Sects. 130 1 * ' *' either already opened, or unopened where necessary for the maintenance of the lunatic or expedient; leasing Sect 133. powers vested in lunatics exercised ; and surrenders of Sect. 134. leases accepted, and new leases made, subject to certain conditions. REQUISITES TO RELATION OP LANDLORD AND TENANT. Stat. 19 & 20 Leases of Inna- estates may be Chancery. Sect. 36. Stat. 16 & 17 B. Tib* 1 * ' Committee, LordChan- cellor, may surrender and renew leases to which lunatic is entitled. Sect. 114. Expenses of charged on estate. Sect 115. Renewed lease to be to same uses, &c. as Leases by sonally. Per Leases of the whole or any parts of settled estates to which lunatics are entitled, or of any rights or privileges affecting such estates, may be authorized by the Court of Chancery, upon the application of com- m ittees on behalf of lunatics, for the terms of years, and subject to the provisions and restrictions contained in the Settled Estates Acts (a). But in the cases of lunatic tenants in tail, no application to the Court, or consent to any application, may be made or given by any committee without the special direction of the Court. Where a lunatic is entitled to a lease for life or years, the committee of his estate may, in his name and on his behalf, under an order of the Lord Chancellor, by deed surrender the lease, and in the name and on behalf of ^he lunatic accept a new lease of the premises comprised in the lease surrendered, for such number of li ves or for , /. , . . , , such term of years as was mentioned in the lease sur- rendered at the making thereof, or otherwise as the Lord Chancellor shall order. Every fine upon renewal, and all reasonable charges incident thereto, may be paid out of the lunatic's estate, or may, with interest, be a charge upon the leasehold premises, as the Lord Chancellor shall order. Every lease renewed shall operate to the same uses, an( j j^ liable to the same trusts, charges and conditions as the lease surrendered would have been subject to if the surrender had not been made. A lease granted by or to a lunatic personally is void ^ *t appears that the other contracting party knew of his state of mind, and took advantage of it (). But if this is not proved, and especially if the contract, having been entered into by the other party fairly and in good (a) See pott, p. 34. (&) Dane v. Kirknall, 8 C. & P. 679. See Brorvne v. Joddrell, M. fir M. 105. PERSONS CAPABLE OF MAKING AND TAKING LEASES. 9 faith, has also been executed and completed, and the property forming the subject-matter of the contract has been paid for and fully enjoyed, such contract cannot afterwards be set aside either by the lunatic or those who represent him (c). Where by settlements or wills married women are Married expressly empowered to demise, they may do so with- ^ ien ' h out the concurrence of their husbands (rf). A married may demise woman who has property settled to her separate use, without restraint on alienation, may, generally speaking, dispose of it as a feme sole ( 38 * for that purpose, apart from her husband touching her ammation. knowledge of the nature and effect of the application, and it shall be ascertained that she freely desires to make or consent to such application. Subject to such examination, married women may Sect. 39. make or consent to any applications, whether they be of full age or infants. Leases of the freehold property of the wife, made Leases of either by husband and wife or by the husband alone, holds' noTin not authorized by the above-mentioned statutes or by P nrs ance of J * statutes. an express power, are valid, to the extent of the term, during the joint lives of husband and wife ( i ). If not by deed, such leases on the death of the husband become (.7) Stat. 21 & 22 Viet. c. 77, (i) Satemanv.Allen.Cro.'Etiz. s. 8. 437 ; Wiscot's Cote, 2 Co. B., at (A) See post, p. 34. p. 61 b. 12 REQUISITES TO RELATION OF LANDLORD AND TENANT. void as against the wife surviving and persons claiming under her (A). If made by deed, they are voidable on the death of the husband by the widow, but if, after her husband's decease, she accepts rent due after that event, or otherwise recognizes the leases as subsisting, they will become good and unavoidable (I). If the widow does no act to disaffirm the lease, but allows the tenant to continue in possession during her lifetime, the lease will be good and subsisting up to her death ; and the rent which accrued due during her lifetime is recoverable by her executors (m). If the husband survives, and (having had issue by his wife born alive, that might by possibility inherit the estate as her heir) becomes tenant by the curtesy, the lease will be good for the whole term, provided the husband lives so long, but upon his death will absolutely determine (n). Leases of Underleases of the leasehold property of the wife holds! ma J k ma -de by the husband in his own name, to commence either during his life or after his decease, and such underleases will be valid, though the wife should survive (o). Stat. 11 Geo. 4 Leases to which married women are entitled may be c. 65,8s. 12,16. surrendered and renewed by direction of the Court Renewal of of Chancery (p), and married women may also, in leases to which . , . . married women certain cases, under the same direction, accept surren- ders and make renewals of leases ( p). Leases to mar- A lease granted to a married woman may be dis- affirmed by her husband, but vests in her until he (A) Walsallv. Heath, Cro. Eliz. (m) Sec Toler v. Slater, L. R., 656 ; Harcy v. TJiomas, Cro. Eliz. 3 Q. B., at p. 46. 216 ; judgment in Parry v. Hin- (n) Miller Y. Maynrcaring, die, 2 Taunt., at p. 181. Cro. Car. 397. (I) Doe T. Weller, 7 T. R. 478. (o) Grute v. Locroft, Cro. Eliz. See Toler v. Slater, 37 L. J., Q. 287 ; Bac. Abr. (C.) 16. B. 33; L. R., 3 Q. B. 42; Bac. (.p) See ante, p. 6. Abr. (C.) 17. PERSONS CAPABLE OF MAKING AND TAKING LEASES. 13 expresses his dissent ((7). After his death, however, the wife or her heirs may avoid the lease, unless after the decease of her husband she has assented to it (r). Real and personal property of every description may Aliens, be taken, acquired, held and disposed of by an alien in st ^- B ^ lct ' the same manner in all respects as by a natural-born M ay t a k e a nd British subject ; and a title to real and personal pro- perty of every description may be derived through, property, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to a natural-born British subject : Provided (1.) That this section shall not confer any right on an alien to hold real property situate out of the United Kingdom, and shall not qualify an alien for any office, or for any municipal, parliamentary or other franchise : (2.) That this section shall 'not entitle an alien to any right or privilege as a British subject, except such rights and privileges in respect of property as are hereby expressly given to him: (3.) That this section shall not affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before the passing of this Act, or in pursuance of any devolution by law on the death of any person dying before the passing of this Act (12 May, 1870) (5). (q) See end of judgment in take lands, houses, &c. for the Sn-nine v. Holman, Hob. 204 ; Co. purpose of occupation or of trade Lit. 3 a. for any term not exceeding tweuty- (r) Co. Lit. 3 a. one years. Stat. 7 & 8 Viet. c. 66, () Before this act aliens might s. 5. 14 REQUISITES TO RELATION OP LANDLORD AND TENANT. Convicts. Stat. 33 & 34 Viet c. 1>3, ,6,8. Are incapable of alienating property or making con- tract. Sect. 12. Administrator may let pro- perty. Corporations. No action at law or suit in equity for the recovery of any property, debt, or damage whatsoever shall be brought by any convict [t. e. any person against whom judgment of death or penal servitude has been, after 4th July, 1870, pronounced or recorded by any Court of competent jurisdiction in England, Wales or Ireland, upon any charge of treason or felony] against any person during the tune while he shall be subject to the operation of this Act ; and every such convict shall be incapable, during such time as aforesaid, of alienating or charging any property, or of making any contract, save as hereinafter provided. The administrator (s) shall have absolute power to let any part of the property of the convict as to him shall seem fit. Since, as a general rule, corporations can only contract under seal, leases by or to them must be made by deed, sealed with their common seal (t}. But although leases by corporations not so made are void, yet if the tenant has actually occupied and paid rent under the void instrument, and the corporation has received such rent, an implied tenancy from year to year may exist upon such of the terms of the void instrument as are appli- cable to that kind of tenancy, and an action may be maintained by the corporation for a breach of such terms (M). If there has been part performance of a contract for a lease by a corporation not under the (*) Appointed under the pro- visions of the act. See post, Chap. IV., Sect. 12, (2). (t) ttnlay v. Bristol and Exe- ter Ry. Co., 7 Ex. 409 ; 21 L. J., Ex. 1 17. See Rex v. Inhabitants of Chipping Norton, 5 East, 239 ; Rex v. Inhabitantt of North Duffield, 3 M. & S. 247. () Wood T. Tate, 2 B. & P. (N. R.) 247 ; Ecclesiastical Com- missioners v. Aferral, 38 L. J., Ex. 93 ; L. R., 4 Ex. 162. PERSONS CAPABLE OF MAKING AND TAKING LEASES. 15 corporate seal, a court of equity will decree specific performance of such contract (y). Corporations may take leases of tenements or heredi- taments of moderate and usual length, such as a hus- bandry lease for twenty-one years (w?). But a lease for a term of unusual duration may incur the penalty of forfeiture imposed on land brought into mortmain under colour of a lease (x). There would seem to be no decision as to what length of term will have this effect ; but it has been said that leases for one hundred years (y), or for eighty-one years (z), are within the Mortmain Acts. Ecclesiastical corporations are either aggregate, con- Ecclesiastical. sisting of several persons, as the dean and chapter of a cathedral; or sole, consisting of one person, as a bishop. The legislative provisions relating to leases by these bodies are very numerous, but the substance of the en- actments may be stated as follows : Persons having any estate of inheritance in right of 1. Enabling their churches, (including prebendaries and chancellors. ' r Stats. 32 Hen. treasurers and precentors of cathedral churches (a), but) 8, c. 28, ss. i. , . , -i , . 2, 4; 5Geo.3, excepting parsons and vicars, may make leases by in- c 17> 8 j denture, good and effectual against the lessors and their Corporations successors, of lands, tenements or hereditaments com- parsons and monly let for twenty years next before such leases, and also of tithes, tolls and other incorporeal hereditaments, &c - for twenty- . one years, or for terms not exceeding twenty-one years or three lives three lives. (t>) Steeven's Hospital v. Dyas, in Cotton's Case, Godb., at p. 192. 15 Ir. Ch. Rep. 405. (z) Per Bridgman, C. J., in (w) See Jesw Coll. v.Gibbs, 1 Hemming v. Srabazon, O. Bridg. Y. & C., Ex. 145, 147. Rep. (by Bannister), at p. 7. See (a;) Stat.7 Edw. 1, stat. 2, c. 1. 1 Platt on Leases, 541. (y) Howies v. Mason, 2 Brown- (a) Bac. Abr. (E.) 49. low, at p. 1 97. Per Taniield, C.B., 16 REQUISITES TO RELATION OF LANDLORD AND TENANT. from the making thereof; subject to the observance of certain conditions. Stat. 6 & 6 Any ecclesiastical corporation, aggregate or sole, S3. 1 1_0 ( 18j ' except any college or corporation of vicars choral, priest vicars, senior vicars, custos and vicars, or minor canons and any ecclesiastical hospital or the master thereof, with the consent of the Ecclesiastical Commissioners ; and in the case of a lea,se made by any incumbent of a With certain benefice, with the consent of the patron thereof, and in consents any .. . , ecclesiastical the case oi certain copyholds with the consent of the may'grant 1 ^ or ^ ^ tne m &nor, testified in each case as in the act is building leases mentioned (ss. 21 27), may by deed grant building, for nmety-mne . \ ' years; leases repairing or improving leases for any term not exceed- of running ... , , water, ease- in S ninety-nine years, and leases ot mines or quarries, '* 8 runn i n g water, way-leaves and other like easements, for any term not exceeding sixty years ; subject to the observance of the conditions and restrictions mentioned in the act. Stat. 21 & 22 In any case in which the Ecclesiastical Commissioners are satisfied that the property of any ecclesiastical cor- Or may lease . . in such man- poration, by the last-mentioned act authorized to be Ecclesiastical leased, might, to the permanent advantage of the estate, Commissioners fe leased in any manner, any ecclesiastical corporation (except the corporations excepted in the said act), with such consents as in the said act are mentioned, and with the approval of the Commissioners, to be testified by deed under their common seal, may lease all or any part of their lands, houses, mines, minerals or other property, either in consideration of premiums or not, and generally in such manner as the commissioners may think proper (a). Stat. 5 & 6 The incumbent of any benefice (b\ with the consent Viet. c. 27. (o) This act and the previous Man. Stat. 29 & 30 Viet. c. 81. act do not apply to the Isle of (i) See sect. 15. PERSONS CAPABLE OF MAKING AND TAKING LEASES. 1 7 of the patron and bishop, and, where the lands are Incumbents, copyhold, and a lease cannot be made without his of p a t ron and licence, with the consent of the lord of the manor, such bisn P ma 7 lease glebe for consents being testified in the manner mentioned in the fourteen or act, may lease by deed any part of the glebe lands, or other lands belonging to such benefice (except the parsonage house, &c., and at least ten acres of glebe, where the glebe is within five miles from the parsonage house), for any term not exceeding fourteen years, or twenty years if the lessee is to execute improvements ; subject to the observance of certain conditions. Leases granted by a spiritual corporation sole not Leases by spi- under the provisions of these statutes and without t j on8 80 ] e not confirmation, are valid during the life or tenure of office in pursuance of statutes. of the lessor. Upon his death or other avoidance they become either voidable or absolutely void, according as the lessor has the whole or only a qualified fee simple (e). In the latter case the acceptance of rent by the successor will not set up such lease, but may create a tenancy from year to year (d). Where a lease by a bishop, which has been granted in consideration of the surrender of a prior lease by deed-poll, has been avoided by the successor, the first lease is not revived by such avoidance (e). But with the confirmation required by law, i. er- j -I' -I < .... mission of ceeding seven, for which such permission is given ; Bishop. under a penalty of 40s. per annum for each acre of land above eighty acres which such spiritual person occupies contrary to the provision aforesaid. Municipal corporations may grant leases of certain Municipal buildings and of ground for building on, or for making cc o tiltS. D ot o gardens, &c., for terms not exceeding seventy-five years, Will. 4, c. 76, either at a reserved rent or a fine, or both; but they g & 7' Will. 4, cannot otherwise lease their lands, tenements, or here- c ' lot> s * 2< ditaments for any term exceeding thirty-one years, building leases without the approbation of the Lords Commissioners of f "4ra and other i- the Treasury, or any three of them. , . thirty-one These corporations, however, may renew leases in years. cases in which, on the 5th June, 1835, they were bound by S 04 - 95 - covenant or agreement, or enjoined by any deed, will or other document, or sanctioned by ancient usage to make renewal ; and also in all cases in which they had there- 22 REQUISITES TO RELATION OF LANDLORD AND TENANT. tofore ordinarily made renewal of any lease they may renew such lease as they might have done in case this act had not been passed (). The crown may lease manors, messuages, lands, tene- me nts or hereditaments belonging thereto (advowsons an ^ vicarages excepted) for any term not exceeding thirty-one years, or three lives, or some term of years determinable upon one, two or three lives ; and subject to the observance of certain conditions. Leases for the purposes of rebuilding or repairing may be granted for , . . . terms not exceeding fifty years, or three lives ; subject a l so to the fulfilment of certain conditions. Lands belonging to the crown vested in the Com- missioners of Woods and Forests may be leased by the commissioners for any term not exceeding thirty- , .,,. , . , one years, or for building and certain other purposes * r anv term not exceeding ninety-nine years ; subject to the observance of certain conditions. . As to leases of lands belonging to the Duchy of Lancaster, see stats. 48 Geo. 3, c. 73 ; 52 Geo. 3, c. 161. As to leases of lands belonging to the Duchy of Cornwall, see stat. 26 & 27 Viet. c. 49, ss. 2126. As to leases by the Universities of Oxford, Cam- bridge and Durham, and the colleges of Winchester and Eton, see stats. 21 & 22 Viet, c. 44 ; 23 & 24 Viet. c. 59, s. 3. Leases to trns- Leases of lands, tenements or hereditaments to any riteble r uses. person or body corporate, in trust or for the benefit of Stat. 9 Geo. 2, any charitable uses (except leases of land for the erec- tion thereon of buildings for religious or educational purposes, not exceeding two acres in extent in each () See Att.- Gen. v. Great Yarmouth, 21 Bear. 625. The Crown. Stat. l Ann. _ Stflt. 1 j C. 7 ) S. i>. May grant years or three and building leases for fifty years or three iiyes. Sect. 6. Stat. 10 Geo. 24, 26 33^ Commissioners of Woods and Forests may for "hirtv-one years or bnikl- ing leases for ninety-nine TheUniver- PERSONS CAPABLE OF MAKING AND TAKING LEASES. 23 case, and bond fide made for a full and valuable conside- ration (t) ) will be absolutely void, unless the following requisites are observed: (1.) The lease must be made by deed, sealed and Requisites, delivered in the presence of two or more credible witnesses (M), but the deed need not be indented (#). (2.) Unless made bond fide for a full and valuable consideration, actually paid at or before the making such lease, without fraud or collusion, the deed must be made twelve calendar months at least before the death of the lessor (includ- ing the days of execution and death (y) ). Such consideration may consist wholly or in part of a rent, rent-charge, or other annual payment reserved or made payable to the lessor or to any other person (z). (3.) The deed must be enrolled in Chancery within six calendar months next after the execution thereof (y). But upon the application by summons in a summary way of any person interested in any charitable trust the Court of Chancery, if satisfied, by affidavit or otherwise, that the deed or other instrument conveying the hereditaments for charitable uses was made really and bond fide for full and valuable consideration, actuaUy paid at or before the making or perfecting thereof, or reserved by way of rent-charge or other annual payment, or partly paid at or before the making or per- (t) See stat. 31 & 32 Viet. c. p. 93. 44. For a list of the institutions () Stat. 9 Geo. 2, c. 36, ss. 1, 3. excepted from the act of Geo. 2, (a?) Stat. 24 Viet. c. 9, s. 1. see Tudor on Charitable Uses, (y) Stat. 9 Geo. 2, c. 36, s. 1. 24 REQUISITES TO RELATION OF LANDLORD AND TENANT. fecting of such deed or other instrument, and partly reserved as aforesaid, without fraud or collusion, and that at the time of the applica- tion to the Court possession or enjoyment is held under such deed or instrument, and that the omission to enrol the same in proper time has arisen from mere ignorance or inadver- tence, or from the destruction thereof by time or accident, may make an order authorizing the enrolment in the Court of the deed or instrument to which the application relates, and the same shall thereupon be enrolled ac- cordingly at any time within six calendar months from the date of the order, and no acknowledgment shall be necessary prior to enrolment (). (4.) The deed must be made to take effect in posses- sion for the charitable use intended immedi- ately from the making thereof (c). But every deed or assurance by which any land shall have been demised for any term of years for any charitable use shall be deemed to have been made to take effect for the charitable use thereby intended immediately from the making thereof, if the term for which such land shall have been thereby demised was thereby made to commence and take effect in possession at any time within one year from the date of such deed or assurance (rf). (5.) The deed must be without any power of revoca- tion, reservation, trust, condition, limitation, clause or agreement whatsoever, for the benefit (J) Stat. 29 & 30 Viet. c. 57, (c) Stat. 9 Geo. 2, c. 36, s. 1. s. 2. (rf) Stat. 26 & 27 Viet. c. 106. PERSONS CAPABLE OF MAKING AND TAKING LEASES. 25 of the donor or grantor, or of any person or persons claiming under him(e). But no deed made after 17th May, 1861, shall be deemed to be null and void by reason of such deed or assurance, or any deed forming part of the same transaction, containing any grant or reservation of any peppercorn or other nominal rent, or of any mines or minerals, or easement, or any covenants or provisions as to the erec- tion, repair, position or description of buildings, the formation or repair of streets or roads, drainage or nuisances, or any covenants or provisions of the like nature, for the use and enjoyment as well of the hereditaments com- prised in such deed or assurance as of any other adjacent or neighbouring hereditaments, or any right of entry on nonpayment of any such rent, or on breach of any such covenant or provision, or any stipulations of the like nature for the benefit of the donor or grantor, or of any person or persons claiming under him, nor (in the case of any such assuranc.e of hereditaments of copyhold or customary tenure or of any estate or interest therein) by reason of the same not being made by deed, nor (in the case of such assurances made bond fide on a sale for a full and valuable consideration) by reason of such consideration consisting wholly or partly of a rent, rent-charge, or other annual payment reserved or made payable to the vendor, or to any other person, with or without a right of re-entry for nonpayment thereof: provided always that in all reserva- () Stat. 9 Gco. 2, c. 36, s, 1. 26 REQUISITES TO RELATION OF LANDLORD AND TENANT. tions authorized by this act the donor, grantor or vendor shall reserve the same benefits for his representatives as for himself (e). (2) Restrictions arising from Limited Interest. Tenants in tail. Every actual tenant in tail shall have full power to VTli 3 4 & *74 d* 8 ? 086 f f r - estate in fee simple absolute, or for ss. 15, 40. any less estate, the lands entailed, as against all persons 'm& & s co "- J currence neccs- same ; and any deed which may be executed by her for suy. effecting the disposition shall be acknowledged by her as hereinafter directed (f}- No assurance by which any disposition of lands shall Sect. 41. be effected under this act by a tenant in tail thereof Lease * or term exceeding (except a lease for any term not exceeding twenty-one twenty-one years, to commence from the date of such lease, or from mencing more any time not exceeding twelve calendar months from j* *** the date of such lease, where a rent shall be thereby date or re- serving a rent reserved, which, at the time of granting such lease, shall less than five- be a rack-rent, or not less than five-sixth parts of a rack- y operation u (/) Sec ante, p. rent), shall have any operation under this act, unless it b enrolled m 28 REQUISITES TO RELATION OF LANDLORD AND TENANT. Stttt, 19 & 20 Viet. c. 120, s. :;.'. Tenants in tail, or for life of settled estates may demise for twenty-one years. Leases by tenants in tail not in pur- suance of sta- tutes. Leases by tenants for life not in pur- suance of sta- tutes. be enrolled in chancery within six calendar months after the execution thereof. Persons entitled to settled estates for life, or for years determinable with life, or for any greater estate, under a settlement made since November 1st, 1856, may demise the settled estates for terms not exceeding twenty-one years, subject to the observance of the restrictions and conditions contained in the statute (z). A lease for years by a tenant in tail not authorized by the above-mentioned statutes, or by a power to lease, is not absolutely determined by his death, but the issue in tail is at liberty either to affirm or avoid it as he may think fit (A). His affirmance may be either expressed, or implied from acceptance of rent (/), or bringing an action for recovery thereof, or an action of waste (m). But to operate as an affirmance of the lease the rent must be accepted by the issue in tail from the tenant, and not from a person to whom he has underlet the land (m). Leases by a tenant for life, not in pursuance of these statutes or of any express power, are valid during the life of the lessor, but on his decease become absolutely void(n), and incapable of confirmation by the suc- ceeding owner (o). But a new tenancy from year to year may be created by his acceptance of rent from the tenant (jo), and where the succeeding owner has know- ingly permitted or encouraged the tenant to expend (i) See ante, p. 9. (*) Bac. Abr. (D.) 18. (I) Doe v. Jenkins, 5 Bing. 469, 476 ; 3 M. & P. 59. (TO) Bac. Abr. (D.) 19. (n) Doe v. Butcher, 1 Dongl. 50; Doe v. Archer, I B. & P. 531. (0) Ludford Y. Barber, 1 T. R. 86 ; James v. Jenkins, Bull. N. P. 96 b; Doe v. Butcher, 1 Dongl. 50; Jenkins v. Church, Cowp. 482; Doe v. Watts, 7 T. R. 83. (p) Se?j>ogt, Chap. II., Sect 3. PERSONS CAPABLE OF MAKING AND TAKING LEASES. 29 money in improvements on the premises, the Court of Chancery will not allow the lease to be invalidated (,1- (t) See Frosel v. Welsh, Cro. >c in v. Longhurst, Cro. Eliz. 535; Jac. 403. (M) Seej!Wrf, p. 34. 30 REQUISITES TO RELATION OF LANDLORD AND TENANT. Trustees. exceeding four years, any part of such wastes and com- mons not exceeding a twelfth part thereof, for the best and most improved yearly rent that can by public auc- tion be got for the same ; the clear net rents reserved to the lord by any lease to be granted as aforesaid shall be applied in draining, fencing, or otherwise improving the residue of such wastes and commons. Joint tenants. One joint tenant may demise his share to another, so as to create the relationship of landlord and tenant between them, with a right to distrain in respect of rent in arrear (JT). It has been held that a trustee of lands may grant a lease of reasonable duration, such as a lease for ten years (y). But if the trust is a simple one, and the cestui que trust is in possession, the trustee cannot make any lease without his concurrence (z). Executors and administrators, as they may dispose absolutely of terms for years vested in them in right of their testators or intestates, so may they lease the same for any fewer number of years, and the rents reserved on such leases shall be assets in their hands, and go in a course of administration (a). An administrator can- not make a lease until letters of administration have been granted to him (&). An executor, on the other hand, may demise before probate (c). A lease by one of several executors (rf) or administrators (e) is good. Executors and administrators. (a;) Coreper T. Fletcher, 6 B. & S. 464 ; 34 L. J., Q. B. 187 ; Co. Lit. 186 a. (y) See Naylor v. Arnitt, 1 1 ; u . & M. 501 ; Lewin on Trusts, 388. (z) Lewin on Trusts, 388. See Ma I /nix v. Ackland, 3 Kuss. 273. (a) Bac. Abr. (I. 7) 136. (ft) See Wankford v. Wank- ford, 1 Salk., at p. 301. (c) Roe v. Summerset, 2 W. Bl. 692, 694. (d) Doe T. Haye, 7 Taunt, at p. 222. (e) See Jacomb \. Harwood, 2 Ves. sen. 267. PERSONS CAPABLE OF MAKING AND TAKING LEASES. 31 An agreement for a lease made with an agent who Agents, acts under a power of attorney, and a lease executed by such agent in pursuance of the agreement, effectually bind the principal (/). An agent to execute a lease by deed must be appointed by deed (g}, but if the lease to be made by the agent is not under seal he need not be authorized in writing (A). A steward has no general authority to enter into contracts for granting leases of farms for terms of years (z). A farm bailiff accus- tomed to let from year to year upon the ordinary terms and to receive rents, has no authority in law to let upon unusual terms unknown to the owner (k). It is doubtful whether an agent employed to let a house has an implied general authority to let persons into possession, but slight evidence will be sufficient to show an express authority (7). Settlements and wills often expressly empower tenants Leases under in tail or for life, or trustees, to grant leases. To pov powers of leasing there are usually attached conditions and restrictions which must be carefully observed by the person exercising the power, or the lease made under it will be void as against persons entitled in re- mainder or reversion, except in the cases provided for by the statutes mentioned hereafter (TO). Such leases, however, are good, as between the parties to them, by way of estoppel (w). (/) Hamilton v. Clanricarde, (k) Turner v. Hutchinson, 2 1 Bro. P. C. 341. F. & F. 185. (g) Steiglitz v. Egginton, Holt, (1) Slack v. Crene, 2 F. & F. 59. N. P. 141; Harrison v. Jacfaon, (w) For the construction of 7 T. R. 207. powers to lease, see Sugden on (A) Coles v. TrecotMck, 9 Ves., Powers, Chap. XVII. at p. 250. () Yellonly v. Goner, 11 Kx. ( / ) Collen v. Gardiner, 21 Bcav. 274 ; 24 L. J., Ex. 289. Seejt*t, 540. p. 42. 32 REQUISITES TO RELATION OF LANDLORD AND TENANT. Relief on de- Where in the intended exercise of a valid power of tion of powers leasing a lease has been granted (o), which is, by reason of leasing. Q f ^ non _ o k servance or omission of some condition Stat. 12 & 13 . . , f , , . .. - Viet. c. 26, or restriction, or by reason of any other deviation from the terms of such power ( ), invalid, such lease, in case Invalid lease made bundjide the same have been made bondjide, and the lessee named therein, his heirs, executors, administrators or assigns has entered, to ( as t h e case mav require), have entered thereunder, be considered as contract for shall be considered in equity as a contract for a grant, fease. at the request of the lessee, his heirs, executors, adminis- trators or assigns (as the case may require), of a valid lease under such power, to the like purport and effect as such invalid lease as aforesaid, save so far as any variation may be necessary in order to comply with the terms of such power ; and all persons who would have been bound by a lease lawfully granted under such power shall be Lease not to be bound in equity by such contract. But no lessee under sons bound by any such invalid lease as aforesaid, his heirs, executors, vdH- administrators or assigns, shall be entitled by virtue of any ing to confirm sucn equitable contract as aforesaid to obtain any varia- lease without variation. tion of such lease, where the persons who would have been bound by such contract are willing to confirm such lease without variation. Sect. 4. "Where a lease granted in the intended exercise of a Where estate valid power of leasing is invalid by reason that at the of lessor con- . tinues after time of the granting thereof the person granting the same lease might could not lawfully grant such lease, but the estate of have been law- Suc j 1 person in the hereditaments comprised in such by him, lease lease shall have continued after the time when such wiii be valid. (0) When a valid power of leas- deemed to be granted in the in- ing is vested in a person granting tended exercise of such power, al- a lease, and such lease cannot have though such power be not referred effect and continuance, according to in such lease (sect. 5). to the terms thereof, independently (/>) Ex parte Cooper t 34 L. J., of such power, such lease shall be Ch. 373. PERSONS CAPABLE OF MAKING AND TAKING LEASES. 33 lease might have been granted by him in the lawful exercise of such power, such lease shall take effect, and be as valid as if the same had been granted at such last- mentioned time. But this act shall not extend to any lease by an Sect. 7. ecclesiastical corporation or spiritual person, or to any Except in case lease of the possessions of any college, hospital or chari- ecclesiastical table foundation, or to any lease where, before the pass- & c ., O r where ing of this act (26th June, 1849), the hereditaments j^m^) comprised in such lease have been surrendered or relin- the demised . , _ / i premises have quished, or recovered adversely by reason of the mva- been surren- lidity thereof, or there has been any judgment or decree COV ered ad- in any action or suit concerning the validity of such versel y- lease. Where during the continuance of the possession stat. 13 Viet. taken under any such invalid lease as in the above act ' Where rever- mentioned, the person for the time being entitled (sub- sionerisable ject to such possession as aforesaid) to the hereditaments va u d i ease comprised in such lease, or to the possession or the receipt of the rents and profits thereof, is able to confirm his request is . i i bound to accept such lease without variation, the lessee, his heirs, execu- such confirma- tors or administrators (as the case may require), or any ^ person who would have been bound by the lease if the same had been valid, shall, upon the request of the person so able to confirm the same, be bound to accept a confirmation accordingly; and such confirmation may be by memorandum or note in writing, signed by the persons confirming and accepting respectively, or by some other persons by them respectively thereunto lawfully authorized ; and after confirmation and accept- ance of confirmation such lease shall be valid, and shall be deemed to have had from the granting thereof the same effect as if the same had been originally valid. F. D 34 REQUISITES TO RELATION OP LANDLORD AND TENANT. Sect. 2. Where note lease is signed deemed confir- Stat. 22 & 23 s> 12. Deed attested nesses to be execution and attestation, of power of ap- deed or writing, AVhere, upon or before the acceptance of rent under anv BUC } 1 i nva lid lease, any receipt, memorandum or note in writing, confirming such lease, is signed by the person accepting such rent, or some other person by him thereunto lawfully authorized, such acceptance (xnn, 9 Q. B. 1037. L. C. 5G1 ; see Rogers v. Ifiim- () Thunder v. Belchtr, 3 phreys, 4 A. & E. 299. East, 449; Keech v. Hall, 1 (rf) See per Lord Romilly, M.R., Dougl. 21. See 9 B. & C. 253. in Frankllntski v. Sail, 34 L. J., (*) 1 Sm. L. C. 570 (6th ed.) ; Ch., at p. 154; 5. C., 33 Beav. I : cans v. Elliot, 9 A. & E. 342; 560. JJron-n v. Storey, 1 M. & Gr. 117. 42 REQUISITES TO RELATION OF LANDLORD AND TENANT. demise of the mortgagee and the confirmation of the mortgagor (e). Leases by estoppel. If one makes a lease for years, by indenture, of lands wherein he has no estate at the time when such lease is made, and afterwards purchases those lands, or other- wise acquires a legal interest in them, this will make good and unavoidable his lease, as well as if he had been in the actual possession and seisin thereof at the time when such lease was made ; because he having, by indenture, expressly demised those lands, is by his own act estopped from saying he did not demise them (/). The tenant and those claiming under him () See Morton v. Woods, 38 L. (n) Bac. Abr. (O.)190; Smith J., Q. B. 81, 85; L. B., 4 Q. B. v. Lorn, 1 Atk. 489. 293 ; L. R., 3 Q. B. 658. See (o) Bac. Abr. (O.) 191. See also , 37 L. J.,Q.B.242,249; < 'nthbertson v. Irving, 4 H. & N. Jolly T. Arbvthnot, 4 De G. & J. 742; 28 L. J., Ex. 306; affirmed 224 ; 28 L. J., Ch. 547. 44 REQUISITES TO RELATION OF LANDLORD AND TENANT. Renewal for his own benefit by person jointly inter- ested with in- fant in lease. Leases by intoxicated persons. duals occupying this position, and leases granted by principals to agents, by clients to attorneys, by wards to guardians, by cestui que trusts to trustees, or by mortgagors to mortgagees (y), will be set aside if the considerations given for the leases are grossly inade- quate (r\ or if any advantage appears to have been taken of the confidential relation in which the parties stand (s). If a person, jointly interested with an infant in a lease, obtains a renewal to himself only, and the lease proves beneficial, he will be held to have acted as trus- tee, and the infant may claim his share of the benefit ; but if the lease does not prove beneficial, the lessee must take it upon himself (f). Leases at an inadequate rent made by persons in a state of contrived intoxication will be set aside (M). SECT. III. An actual Letting. When instrn- A mere unaccepted proposal (#), or a mere agreement, s^raed a^mere without any words of present demise, will not constitute agreements. fa B re i a ti O n of landlord and tenant between the par- ties (y). And although words of present demise are (?) Webb v. Rorke, 2 Sch. & Lef. 661. (r) Ward v. Hartpole, 3 Bligh, 470 ; Damson v. Massey, 1 B. & Beat. 219. () Aylnard v. Kearney, 2 B. & Beat. 463. See the notes to Jlvguenin v. Baseley, 2 Wh. & Tad. L. C., Eq. 504. (t) Exparte Grace, 1 B. & P. 376. () Say v. Barmick, 1 V. & B. 195 ; Cooke Y. Clay north, 18 Ves. 12. See Pitt v. Smith, 3 Camp. 33; Butler v. Mvlvihill, 1 Bligh, 137. (ar) Doe v. Cartrvright, 3 B. & A. 326. See Clarke v. Fuller, 16 C. B., N. S. 24. (y) Clayton v. Burtensham, 5 B. & C. 41 ; Phillips v. Hartley, 3 C. & P. 121. See Taylor T. Jackson, 2 C. & K. 22. AN ACTUAL LETTING. 45 made use of, yet if upon the whole instrument (z), and having regard to the nature of the subject-matter (), it does not appear to have been intended by the parties to operate as a lease, but only as preparatory and relative to a future lease to be made, the law will rather do violence to the words than break through the intent of the parties (Z). Thus, if there are matters to be ascertained, without which the terms of holding will not be perfectly com- plete (c) ; or if the instrument contains a stipulation that "a clause is to be added hi the lease" for a parti- cular purpose (rf), or a proviso that the instrument shall not be construed or taken to operate as a lease or actual demise (e} ; or if the lease is to take effect only on the performance or happening of a condi- tion (y ) ; or if there is a want of certainty as to the time of commencement of the term and of the rent becoming due (y), or as to the amount of rent (^7) ; or if strong circumstances of inconvenience are apparent on the instrument, if it should be construed as a (z) See per Alderson, B., in Gore v. Lloyd, 13 L. J., Ex., at p. 372. (a) Doe v. Clare, 2 T. R. 739, 744 ; Perring v. Brook, 7 C. & P. 360; Fenny v. Child, 2 M. & S. 255, 257 ; Doe v. Pomell, 8 Sc. N. R. 687; 7 M. & Gr. 980; 14 L. J., C. P. 5. (*) Bac. Abr. (K.) 161; Doev. Ashburner, 5 T. R. 163. See Morgan v. Bissell, 3 Taunt. 65 ; Browne v. Warner, 14 Ves. 156 ; Doe v. Smith, 6 East, 530 ; Tern- pat v. Raiding, 13 East, 18; Doe v. Pomell, 8 Sc. N. R. 687 ; 7 M. & Gr. 980 ; 14 L. J., C. P. 5 ; Rawson v. Eicke, 7 A. & E. 451 ; Brashier T. Jac.kson, 6 M. & W. 549 ; Chapman v. Totvner, 6 M. & W. 100; Bicknellv. Hood, 5 M. & W. 104. (c) John v. Jenkins, 1 Cr. & M. 227 ; Jones v. Reynolds, 1 Q. B. 506; 10 L. J., Q. B. 193. (d) Doe v. Smith, 6 East, 530. (e) Perring v. Brook, 7 C. & P. 360. (/) Doev. Clarke,7Q. B.211; 14 L. J., Q. B. 233. (0) Dunk v. Hunter, 5 B. & A. 322, 325. See Clayton v. BurtentJMW, 5 B. & C. 41. 46 REQUISITES TO RELATION OF LANDLORD AND TENANT. lease (A) ; the instrument will be construed as a mere agreement for a lease, although it may contain words of present demise. When instrn- Instruments not under seal can now operate as leases straed asleases. on ty when the terms of years to which they relate will end within three years from the making of the instru- ment, and when the rent reserved during such term amounts to two-third parts at the least of the full im- proved value of the premises (i). An instrument coming within this description, although it may be designated an agreement, and may contain a stipula- tion for the execution of a future lease (k\ will never- theless be held to operate as a lease if it contains words of present demise, such as "I demise," "doth set and let," "doth agree to let"(Z), " shall enjoy" (m), &c., uncontrolled by expressions of a contrary import, a specific rent being reserved, and the time at which the tenancy is to commence being clearly ascertained (A). And it would seem, that an agreement for a future lease, under which a person has entered into posses- sion, not containing any words of present demise, but providing that in the meantime, until the lease shall (A) Morgan v. Bissell, 3 Taunt. 368; Doe v. Hies, 8 Bing. 178; 65 ; Doe v. Powell, 8 Sc. N. R. Pearce T. Cheslyn, 4 A. & E. 687, 700; 7 M. & Gr. 980; U 225; Alderman v. Neate, 4 M. & L. J., C. P. 5. See Haymardv. W. 704; 3 Jnr. 171; Wilson v. Hasnell, 6 A. & E. 265. Chisholm, 4 C. & P. 474 ; Chap- (i) See post, Chap. III., Sect. 2. man v. Bluck, 4 Bing. N. C. 187. (*) Baxter v. Browne, 2 W. (Z) Staniforth Y. Fox, 7 Bing. Bl. 973; Poole v. Bentley, 12 590 ; 5 M. & P. 589; Tarte v. East, 168; 2 Camp. 286; War- Derby, 15 M. & W. 601; 15 L. man v. Faithfull, 5 B. & Ad. J., Ex. 326. 1042 ; Doe v. Benjamin, 9 A. & (m) Doe T. Ashburner, 5 T. R. E. 644, 651; 1 P. & D. 440; 163. Hancock v. Caffyn, 8 Bing. 358, EXCLUSIVE POSSESSION. 47 be executed, the intended lessee shall pay the rent and perform the covenants, with a power of distress for non- payment of rent, will amount to a present demise (n). SECT. IV. Exclusive Possession. If possession of the premises is to be given up for Licences. certain purposes only, the transaction will be construed as a licence, and not a lease (o). A mere licence does not confer any estate in the property to which it relates, and is determined by an assignment of the subject- matter in respect of which the privilege is enjoyed (p). But a licence to put goods on land involves a permis- sion to the person so licensed to take away the goods and to take a reasonable time to do it An occupation of premises as servant or agent for Occupation as ,1 _ f> servant or the more convenient performance of service, or as a agent. mere remuneration for services, is in law the occupa- (n) Hancock v. Caffyn, 8 Bing. 358, 365; 1 Moo. & Sc. 521. See Pinero v. Judson, 6 Bing. 206 ; 3 M. & P. 497; Anderson v. Mid- I n nd Hi/. Co., 3 E. & E. 614; 30 L. J., Q. B. 94; 7 Jur., N. S. 411; 3 L. T., N. S. 809. Bnt see Doe v. Mister, 3 C. B. 215; 15 L. J., C. P. 263; Camden v. Batterlnmj, 5 C. B., N. S. 808; 28 L. J., C. P. 187; 7 C. B., N. S. 864; 28 L. J., C. P. 335. (/>) Taylor v. Caldwell, 3 B. & S. 826, 832 ; 32 L. J., Q. B. 164; 11 W. R. 726; 8 L. T., N. S. 856] linn wit v. Austin, 14 C. 1!.. N. S. 634; 32 L. J., C. P. 252; 11 W. K. 833 ; 8 L. T., N. S. 429 ; Ward v. Day, 4 B. & S. 337 ; ."> B. & S. 359; 33 L. J., Q. B. 3, 254; Wat kins v. Graeexend and Milton I'nion, 37 L. J., M. ('. 73, 77. See Jones v. Reynolds, 4 A. & E. 805; Wood v. Mauley, 1 1 A. & E. 34 ; 9 L. J., Q. B. 27. (p) CoJi'initit \. l'\itcr, 1 II. & N. 37. (y) Per Willes, J., in Cornish v. Shtlfbs, 39 L. J., C. P., at p. 20! 1 ,. Sec- H'rW v. Lcadbithr. II! M. & W. 838; 14 L. J., Ex. nil. 48 REQUISITES TO RELATION OF LANDLORD AND TENANT. tion of the master and not of the servant (r), and does not create the relation of landlord and tenant between the parties (s). It has been held, that, in such cases, no notice to quit is necessary, if the service is put an end to(t). (r) Bertie v. Beaumont, 16 P. 494 ; Mayhem v. Suttle, 4 E. East, 33, 36 ; Rex v. Inhabitants & B. 347 ; 1 Jur., N. S. 303 ; 24 of Kelstern, 6 M. & S. 136; Rex L. J., Q. B. 54. v. Inhabitants of Cheshunt, 1 B. (t) Doe v. Perry, C. & P. & A. 473. 494. See Doe v. Miles, 1 Stark. (*) See Doe v. Dcrry, 9 C. & 181. CHAP. II. THE DIFFERENT KINDS OF TENANCY. SECT. I. TENANCY BY SUFFERANCE II. TENANCY AT WILL Where implied . . . . . . Effect of payment of rent III. TENANCY FROM YEAR TO YEAR Where implied . . How implication may be rebutted Terms consistent with . . . IV. TENANCY FOR YEARS .. .. For years, subject to contingency Option to take further term V. TENANCY FOR LIFE PAGE 49 50 50 52 53 53 54 56 57 58 58 59 SECT. I. Tenancy by Sufferance. A TENANT by sufferance is one who at first came in by a lawful demise, but after his estate is ended wrongfully holds over (a); as, for instance, a tenant for the life of Instances, another who continues in possession after the decease of the person for whose life he holds (6) ; or, a tenant for years who holds over after the expiration of his term (c) ; or, an under tenant who continues in posses- sion after the determination of the original lease (d) ; or, a lessee at will who keeps possession after the will has been determined by the death of the lessor (e). This so-called tenancy was probably originally a mere device to prevent adverse possession from taking (a) Co. Lit. 57 b. t (b) Jhnl. (<) Co. Lit. 57 b, 270 b. See Bayley v. Bradley, 5 C. B. 396 ; Irt L. J., C. P. 206. (rf) Stinpkin \.Axhhurst, 1 Cr., F. M. & R. 261 ; 4 Tyr. 781. (e) Co. Lit. 57 b. See post, Chap. V., Sect. I. (2). For other in- stances of tenancy by sufferance, see Doe T. Lawder, 1 Stark. 308 ; Doe v. Qiiiy If ;/, '_' Cain]). 5O5. E 50 THE DIFFERENT KINDS OF TENANCY. of owner. place (/). It necessarily implies the absence of any Effect of assent agreement between the parties, and by the assent of the owner to the continuance of possession by the tenant will be converted into a tenancy at will(y). Against the Crown there can be no tenancy by sufferance (g). How created. Expressly. SECT. II. Tenancy at Will. " Tenant at will is where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession. In this case the lessee is called tenant at will, because he hath no certain nor sure estate, for the lessor may put him out at what time it pleaseth him "(A). But every lease at will must in law be at the will of both parties, and therefore when a lease is made to have and to hold at the will of the lessor, the law implies it to be at the will of the lessee also ; and when a lease is made to have and to hold at the will of the lessee, this must be also at the will of the lessor (z). Tenancy at will may be created by express agree- ment (A), but it also arises by implication where pre- mises are in the occupation of a person holding them with the consent of the owner, but possessing neither a freehold estate in them, nor a lease for a definite term (/). Hence a tenancy at will is implied in the following cases : 1. Occupation Where a person lives in a house rent free by the per- By implica- tion. (/) Smith L. & T. 31. (ff) Co. Lit. 67 b. (A) Lit. sect. 68. (i) Co. Lit. 55 a. (k) Richardson v. Langi-idgr, 4 Tannt. 128; Doe v. Cox, 11 Q. B. 122; 17 L. J., Q. B. 3. (/) Smith L. & T. 20. See Doe v. Jonts, 10 B. & C. 718; Dm- v. M'Kaeg, 10 B. & C. 721. TENANCY AT WILL. 51 mission of the owner (rn) ; provided the occupation is rent free by . . .1 .. /, permission of not in the capacity of servant or agent, or as a mere owner, remuneration for services (n). Where possession is taken with the consent of the 2. Occupation intended lessor (o), under an agreement for a lease (/>), m ent for lease, or under an invalid lease (q). Where possession is taken in pursuance of an agree- 3. Occupation ment for the sale of premises (r). In the absence of c hase agree- an agreement to pay for the occupation, no action for ment - use and occupation can be brought against the vendee whilst he is in possession under the contract of sale, because, although a tenant at will, he is not bound to pay rent. After the purchase has gone off, the person remaining in possession still continues tenant at will, but as the payment of the purchase-money, which was to be the compensation for his occupation, is then at an end, he becomes from that time liable to an action for use and occupation (s). Where a tenant, after his lease has expired, is per- 4. Holding (m) Rex v. Collett, R. & R. C. 210; Doe v. Jacfaon, 1 B. & C. C. 498 ; Rex v. Jailing, R. & R. 448 ; Doe v. Miller, 6 C. & P. C. C. 525 ; Doe v. ffroves, 10 Q. 595 ; Doe v. Rock, Car. & M. 549; B. 486 ; 16 L. J., Q. B. 297. 4 M. & Gr. 30 ; 11 L. J., C. P. (n) Ante, p. 47. 194 ; Sail v. Cullimore, 2 Cr., M. (o) See Doe v. Quigley, 2 Camp. & R. 120; Doe v. Chamberlain, 505. 5 M. & W. 14 ; Howard v. Shaw, (/>) Judgment of Littlcdale, J., 8 M. & W. 118; 10 L. J., Ex. in Hamerton v. Stead, 3 B. & 334. C., at p. 483. Judgment of Parke, (*) Judgments of Parke, B., B., in Sraythnayte v. Hitchcock, and Alderson, B., in Howard v. 10 M. & W., at p. 497; 12 L. J., Shaw, 10 L. J., Ex., at p. 336 ; Kx., at p. 39. See Regnart v. Hearn v. Tomlln, Peake, N. P. t'ortrr, 7 Bing. 451. C. 192; Klrtland v. Pouam-tf, f ((/) (iooiltitle v. Jli-rlrrt, 4 T. 2 Taunt. 145; \\lntcr1xtttom v. R'. 680; Denn v. Feanuide, 1 Ingham, 7 Q. B. 611 ; 14 L. J., -. 17.; Q. B. 298. See Tew T. J,i,:<, l:i (r) llnjlit v. llmnl, V.\ K:ist. M. & \V. 1 L' ; H L. J.. Kx. '.'I. E 2 52 THE DIFFERENT KINDS OF TENANCY. over during tiv:it\ for I1CW ll'MSC. f. Indefinite letting. 0. Occupation I iy ri'.tfnl ijiii- trust. Effect of pay- ment of rent. mi tied to continue in possession pending a treaty for a new lease (). A mere general letting (u) or a simple permission to occupy creates a tenancy at will, unless there are cir- cumstances to show an intention to create a tenancy from year to year; as, for instance, an agreement to pay rent by the quarter, or some other aliquot part of the year (a:). A cestui que trust, who is in possession of an estate by the consent or acquiescence of the trustee, is re- garded at law as his tenant at will. But this doctrine only applies where the cestui que trust is the actual occupant; where he is merely allowed to receive the rents, or otherwise deal with the estate in the hands of occupying tenants, he is only the agent of the trustee (y). In all these cases, however, payment of rent by the tenant with reference to a yearly holding, or an admis- sion by him of a charge of half-a-year's rent in an account between him and his landlord (z), will raise a presumption of a change from a tenancy at will into a tenancy from year to year (a). But rent may be expressly reserved upon a lease at will, and payment in pursuance of such reservation will not change the character of the tenancy (4). (t) Doe v. Stennett, 2 Esp. 717, 719. () Judgment of Chambre, J., in Richardson T. Langridge, 4 Tannt., at p. 132 ; Roe v. Lees, 2 W. Bl., at p. 1173. But see Doe v. Watts, 7 T. R., at p. 85. (a 1 ) Per Parke, B., in Doe v. Wood, 14 M. & W., at p. 687 ; Doe v. Gardiyier, 12 C. B. 319; 21 L. J., C. P. 222. See In re Stroud, 8 C. B. 502; 16 L. J., C. P. 117; Fitemawrioe v. Say ley, 8 E. & B., at p. 679. (y) Melling v. Leak, 16 C. B. 652 ; 24 L. J., C. P. 187. (z) Cox v. Bent, 5 Bing. 185. (a) See post, p. 53. (ft) Doe v. Cox, 11 Q. B. 122; 17 L. J., Q. B. 3; Doe v. Dacies, 7 Ex. 89; Anderson v. Midland Ry. Co., 3 E. & E. 614 ; 30 L. J., Q. B. 94. TENANCY FROM YEAR TO YEAR. 53 SECT. III. Tenancy from Year to Year. Tenancy from year to year differs from tenancy at in the notice required to be given by landlord or tenant in order to determine the tenancy (c). A tenant from year to year has a lease for one year cer- tain, with a growing interest during every year there- after, springing out of the original contract, and parcel ofit(rf). This tenancy may be either expressly created, by letting premises to hold " from year to year " (e) ; or may arise by implication where rent is paid in respect of the occupation of premises, and with reference to a yearly holding (/). Where a person has entered into possession of pre- mises and paid rent (n v. Gifford, 1 A. & E. 52; Doe v. t'olliiuj,; 7 C. B. 939, 960; is I,. J., C. P. 305; Lee v. Smith, t Kx 669] -: L.J., F.x.r.'S; Doe v. Tanlrrc, 12 Q. B. 998, 1013; 18 L. J., Q. B. 49; Doe \. Moffatt^ 15 Q. B. 257; 19 L. J., Q. B. 438;' Tress v. Savage, 4 E. & B. 36; 23 L. J., Q. B. 339. (/) Doc v. Smith, 1 Man. & Ry. 137 ; Mann v. Lovejoy, Ry. & M. 355; Knight v. Benett, 3 Bing. 361; Cox v. Bent, 5 Bing. 185; Doe v. Amey, 12 A. & E. 476 ; Doe v. Foster, 3 C. B. 215; 15 L. J., C. P. 263; Chapman v. T<> truer, 6 M. & W. 100; Brayth- wayte \. Hitchcock, 10 M. & W. 494; 12 L. J., Ex. 38; Bennett v. //v /,///, K. B. & E. 326; 28 L. J., Q. B. 48. See Bolton v. Tamil n, 1 N. & P. 247; 5 A. & E. 8.V, (A) Knl-jht v. Jicnett, I) Bing. 3&\,post, p. 61. i in. i. ii i I.I;IA i CINDfl "i 1 1. NANCY. *J. MI mid pay- ment of rent after expira- tion of K-;i -i-. 3. Holding orer and pay- ment of rent under lease made by tenant for life. Presumption of tenancy from year to (m), he is presumed to be tenant from year to year upon such of the terms of the instrument as are consistent with that tenancy (n). Reference may be made to the instrument to ascertain the terms of the truancy (/). The tenancy thus implied will cease, without any notice to quit, at the end of the term mentioned in tin- iii.-tniiiH'iit ( />). A tenant who continues in occupation after his lease has expired, and pays rent, is presumed to hold M- tenant from year to year on such of the covenants and conditions of the former lease as are applicable to a tenancy from year to year (y). Where the lessee under a lease which becomes void on the death of the lessor continues in possession of the demised premises after that event, and pays rent to the succeeding owner, the latter, by accepting such rent, admits that the person in possession is his tenant from year to year, upon such of the former terms as are con- sistent with that tenancy (r). In order to give rise to the presumption of a tenancy from year to year in the above cases it is necessary that (m) Weakly v. Bucknell, Cowp. 473. (n) Doe v. Bell, 6 T. R. 471 ; Richardson v. Oifford, 1 A. & E. 62; Doe T. Amey, 12 A. & E. 476; Mann v. Lorejoy, Ry. & M. 365 ; Beale v. Sanders, 3 Bing. N. C. 860; Trett v. Savage, 4 E. & B. 36; 23 L. J., Q. B. 339. (o) Per Martin, B., in Lee v. Smith, 9 Ex., at p. 665 ; Bolton v. Tomlin, 1 N. & P. 247 ; 5 A. & E. 856 ; De Medina v. Poison, Holt, N. P. 47. See Cumberland T. Glamis, 15 C. B. 348 ; 24 L. J., C. P. 46. (p) Doe v. Stratton, 4 Bing. 446; 3 C. & P. 164; Doe v. Moffat, 15 Q. B. 257; 19 L. J., Q. B. 438; Trest v. Savage, 4 E. & B. 36; 23 L. J., Q. B. 339. (q) Digby v. Atkinson, 4 Camp. 275 ; Bishop T. Howard, 2 B. & C 100; Hyatt v. Griffith*, 17 Q. B. 505; Finch v. Miller, 5 C. B. 428. See Peirte v. Shaw, 2 Man. & Ry. 418. (r) Doe T. Watts, 7 T. R. 83 ; Doe v. Morte, 1 B. & Ad. 365, 369. See Cornish v. Stubbs, 39 L. J., C. P. 202, 205. TENANCY FROM YEAR TO YEAR. 55 possession should be taken or kept with intent to hold year may be as tenant (A Whether this intent does or does not * 1. By proof exist is a question for a jury to decide on the circum- that possession stances of each case (). The rent must also have been W uh intent to paid with reference to a yearly holding (t\ It is com- hold M tenant - J J 2. By proof of petent to either the payer or receiver of rent to prove circumstances the circumstances under which the payment was made, rcn t wn s paid and by such circumstances to repel the legal implica- or received tion which would arise from the receipt of rent unex- plained (M). Thus, a landlord who has received rent from a tenant holding over, may show that such rent was accepted by him in ignorance of the death of a person for whose life the premises were held (c). The presumption that the tenancy from year to year Presumption implied from holding over after the expiration of a lease is * t forme r* is at the former rent, or on the former terms, may be terms may also J be rebutted. rebutted by evidence of an intention to alter the terms of the tenancy (.r). A mere alteration in the rent will not, however, rebut the presumption that the tenant holds on the other terms of the former contract (y). A reversioner who has received rent under a lease granted by a tenant for life, which determined on his death, may show that she was ignorant of a special covenant on the part of the lessor contained in such lease ; and in that case, if there is no other evidence that she agreed to the () Judgment in Unlay v. v. Shirley, cited in 10 East, 164 ; Bristol and Exeter Ry. Co. 1 Doe v. Francis, 2 Moo. & R. 57. Ex., at pp. 417, 420. (0) Doe v. Crago, 6 C. B. 90 ; () Braythrvayte v. Hitchcock, 17 L. J., C. P. 263 ; Smith, L. & 10 M. & W. 494, 497. See Rich- T. 28. ardson v. Langridge, 4 Taunt (ar) Thetford v. Tyler, 8 Q. B. 128, 132 ; Doe v. Wood, 14 M. 95 ; 15 L. J., Q. B. 33. & W. 682 ; 15 L. J., Ex. 41. (y) Digby \. Atkinson,^ Camp. (M) Per Wilde, C. J., in Doe v. 275 ; Doe v. Raffan, 6 Esp. 4 ; Crago, 6C. B., at p. 98; Right v. Doe v. Geekie, 5 Q B. 841 ; 13 Bawden, 3 East, 260 ; Mildmay L. J., Q. B. 239. .Hi I ill. hi I 1 I. KIN r KINDS OF TENANCY. Commence- ment of im- plied tenancy. Terms consis- tent with tenancy from year to year. tniuiirs o.iitimimi: .n tin- t'..nurr t.-rni- than .-urh [>av- i IK nt and receipt of rent, she will not be bound by the covenant (z). Whether the tenant does or does not hold on the former terms is a question of fact for a jury (*) An implied tenancy from year to year is presumed to commence on the same day of the year as the original tenancy ; but this also has been held to be a question for the decision of a jury, upon a consideration of all the facts of each case (a). When it is said that a person becoming tenant from year to year may be deemed to hold over on the terms of a prior lease, that rule cannot be confined to such terms as are necessarily incident to a yearly tenancy, for it would then have no meaning. It must include such terms as may be incident to such a tenancy (b). The following terms have been held to be consistent with a tenancy from year to year : Covenants to keep premises in repair (c) ; to pay rent (damage by fire ex- cepted) (d) ; to keep open a shop, and to use best endeavours to promote the trade of it during the tenancy (c); that the tenant may retain and sow forty acres of wheat on the arable land demised at the seed tune next after the end of the term, and leave the standing thereof until the harvest then next following, rent free, with the use of premises for threshing, &c. (r) Oakley T. Monck, 3 H. & C. 706 ; 34 L. J., Ex. 137; 35 L. J., Ex. 87 ; L. R., 1 Ex. 159. (a) Walker v. Gode, 6 H. & N 594. Bnt see judgment of Martin, B., at p. 600, and obser- vations of Pollock, C. B., in Oak- ley T. Monck, 3 H. & C., at p. 714. (ft) Per Patteson, J., 17 Q. B. 609. (c) Richardson v. Oifford, 1 A. & E. 52; Arden, v. Sullivan, 14 Q. B. 832. And see judgment in Doe v. Amey, 12 A. & E., at p. 479 ; and per Erie, J., in Somes v. Or oil, 6 E. & B , at p. 264. (d) Bennett v. Ireland, E., B. & E. 326 ; 28 L. J., Q. B. 48. (e) Sanders v. Karnell, 1 F. & F. 356. TENANCY FOR A TERM OF YKAIJS. 57 till a certain day(y); that the tenant shall be paid for tillages on the expiration of his tenancy (^) ; that the tenant shall leave all the manure upon the farm at the end of his tenancy (h) ; covenants against taking suc- cessive crops of corn (i) ; and stipulations for the culti- vation of lands on any system (A) ; reservation of the rent payable in advance(/); provisoes for re-entry on non-payment of rent, or non-performance of cove- nants (w) ; or (in the case of a mining lease), that the tenancy may be determined by a six months' notice, expiring at any time (w) ; also a stipulation that the tenancy shall be determinable at a particular time (o). The following terms are inconsistent with a tenancy Terms incon- from year to year: Covenants by tenant to build, or to tenancy W from do such substantial repairs as are not usually done by y ear to ? e&T ' tenants from year to year ( p} ; to paint once in three years(5 r ) ; to put premises in repair before he commences his occupation (y) ; a stipulation for two years' notice to quit (r). SECT. IV. Tenancy for a Term of Years. Tenancy for a term of years is always the result of Created only an express contract. No limit is imposed by law to (/) Hyatt v. Griffiths, 17 Q. Amey, 12 A. & E. 476. B. 505. () Bridges v. Potts, 17 C. B , (g) Brocklington v. Saunders, N. S. 314 ; 33 L. J., C. P. 338, 13 W. R. 46. 343. (A) See Roberts v. Barker, 1 (0) See per Manic, J., in Berrey Cr. & M. 808. v. Lindley, 3 M. & Gr., at p. 514; (i) Doe T. Amey, 12 A. & E. 11 L. J., C. P., at p. 32. 476. (p) See per Erie, J., in Bome (A) Per Martin, B., in 1 II. & v. Croll, 6 E. & B., at p. 264. N. 734. (g) See judgments of Tindal, (1) Lee v. Smith, 9 Ex. 662; C. J., and Parke, J., in Pinero v. 23 L. J., Ex. 198. Judson, 6 Bing., at pp. 210, 211. (;) Thomas v. Packer, 1 H. & (r) Tooker v. Smith, 1 II. & N. 66'.*; -'(', L. ,)., Kx. 207; Doe v. N. 732. TIIK I'll I I.KI.M KINDS OF TENANCY. Certainty M-.[UIMU'. I., i \, :u- subject to con- tingency. Leases for years determi- nable at option of lessee or lessor. Lease for years, with option to take further term. tin- number of years for which leases may Ix? made by persons possessed of absolute interests, and under no incapacity. Every contract sufficient to make a lease for years ought to have certainty in three limitations, viz., in the commencement of the term, in the continuance of it, and in the end of it ; and these three are in effect but one matter, showing the certainty of the time for which the lessee shall have the land, and if any of these fail, it is not a good lease, for then there wants certainty (*). The duration of a lease for years may, however, be made to depend upon a contingency, provided a fixed number of years is first specified, for which the lease is to last, if not previously determined by the happening of the condition. Thus, a lease may be granted for twenty-one years if the tenant shall so long continue to occupy the premises (), or for twenty years if the cover- ture between certain persons named shall so long con- tinue (w) ; or for years dependent upon the duration of a life or lives. Leases for years may be made determinable at spe- cified periods, at the option of the lessor or lessee (x). A lease for three, six, or nine years, is a lease for nine years, determinable at the end of three or six years (y). Leases may also be granted for fixed terms of years and afterwards from year to year (z), or for a term of () Plowden's Commentary, 272. See pott, Chap. III., Sect. 2, p. 79, for construction of provisions as to commencement of leases. (0 Doe v. Clarke, 8 East, 185. As to the construction of this con- dition, see Doe v. Steward, 1 A. & . 300. () Bac.Abr. (L.3)177. (a?) See Colton v. Lingham, 1 Stark. 39 ; Gray v. Priar, 6 Ex. 584 ; 4 H. L. Cas. 565. (y) Goodright v. Riohardton, 3 T. R. 462. See Ferguton v. Cornish, 2 Burr. 1032; 3 T. R. 463, note (a). As to the exercise of the option, see pott, Chap. V., Sect. I. (4). (z) Brown v. Trumper, 26 Beav. 11 ; Jones v. Nixon, 1 H. & C. 48; 31 L. J., Ex. 505. TENANCY FOR LIFE. 59 years with an option to the lessee to take a lease for a further term (a). This option may be exercised by the tenant at any time during the continuance of the tenancy, though after the expiration of the term of years first specified (i), and it will pass to his assignee in bank- ruptcy (&). determinable. SECT. V. Tenancy for Life. Leases for life may be made either for the life of the lessee or for the life or lives of some other person or persons, and in the latter case either for their joint lives or for the life of the survivor (c). If a man grant an estate to a woman while she Estate for life remains unmarried, or during widowhood, or quamdiu se bene gesserit, or to a man and woman during the coverture ; in all these cases the lessee has, in judgment of law, an estate for life determinable (rf). If one grant by deed lands or tenements, and express Indefinite or limit no estate, the grantee has an estate for life (d) ; unless the whole deed, taken together, suggests a different construction (e). grant. (a) See Hersey v. Giblett, 18 Beav. 174 ; 23 L. J., Ch. 818. j(V) Moss v. Barton, L. R., 1 Eq. 474; Buckland v. Papillon, 36 L. J., Ch. 81 ; L. R., 2 Ch. 67. (c) As to the construction of leases for lives, seepost, Chap. III., Sect. 2, p. 82. (d) Co. Lit 42 a. (e) See judgment in Doe v. Dodd, 5 B. & Ad., at pp. 692 694. CHAP. III. THE CONTRACT OF TENANCY. M< r. I. AGREEMENTS FOR LEASES ........ ''-i (1) Statutory requisites .. .. .. .. ..61 Essentials of mcmorand am .. .. .. 61 (2) In what cases parol agreements are enforceable . . ^-' Part performance . . . . . . . . . . 62 Fraud ............ M Agreement admitted and statute not insisted on. 64 (3) Rights of intended lessee ........ 64 (4) Remedies for breach of agreement . . . . . . 65 Action for damages . . . . ... 65 Specific performance . . . . . . . . 65 (5) Stamps ............ 66 II. LEASES .............. 67 ( 1 ) Statutory requisites . . . . . . . . . . 67 In what cases leases may be made by parol . . 68 (2) In what cases extrinsic evidence is admissible . . ''.' (3) Form and construction of lease . . . . . . 71 Date ............ 73 Recitals ............ 73 Consideration . . . . . . . . . . 73 Operative words . . . . . . . . . . 74 Parcels ............ 74 Exceptions and reservations . . . . . . 77 Habendum . . . . . . . . . . . . 79 For years . . . . ... . . . . 79 From year to year ........ 81 For life .......... 81 Reddendnm .......... 82 Covenants . . . . . . . . . . . . 84 Dependent or independent . . . . . . 87 Joint or several . . . . . . . . 87 Proviso for re-entry .. .. .. ..88 Power to resume possession . . . . . . :>:.' (4) Stamps ............ 93 Effect of want of .......... 93 misstatemcnt of consideration . . . . 95 Description and amount of stamp required . . 97 (5) Counterparts and duplicates .. .. .. 101 Stamps ............ 102 (6) Matters relating to completion of lease .. . . 102 Execution ............ Ini- Effect of non-execution by lessor . . . . 103 alterations after execution . . 104 Registration . . . . . . . . . . 105 Custody of lease .. .. .. .. .. 10.1 data ' ............ KM; Entry of lessee .......... 106 AGREEMENTS FOR LEAH.-. 61 SECT. I. Agreements for Leases. (1) Statutory Requisites. No action shall be brought whereby to charge any stat. 29 Car. 2, person upon any contract or sale of lands, tenements or c ; ' 8> Agreements hereditaments, or any interest in or concerning them (a\ for leases of , . , . i n i lands, &c., or unless the agreement upon which such action shall be some memo- brought, or some memorandum or note thereof, shall be must\>e7n in writing, and signed (6) by the party to be charged writing and therewith (c), or some other person thereunto by him party to'be lawfully authorized. therewith. It is not necessary that the memorandum or note Essentials of should be contemporaneous with the agreement (rf) ; or that it should have the character of a written contract between the parties, or be delivered to the person who is to have the remedy upon it (e). A note or letter written by the lessor to any third person, containing directions to carry the agreement into execution, is sufficient (f}. The memorandum, however, must not be a mere proposal for a tenancy (^7) ; and it must state all the essential terms of the contract (A), that is to say, (a) See judgment of Littledale, (d) Per Lord Ellenborongh, J., in Evans v. Roberts, 5 B. & C., C. J., in Shippey v. Derrison, at p. 839 ; Inman v. Stamp, 1 5 Esp., at p. 193. Stark. 12; Edge v. Straff ord, 1 (e) See judgment of Willes, J., Cr. &J. 391; 1 Tyr.293. But see in Gibson v. Holland, 35 L. J., Wright v. Starert, 2 E. & E. 721; C. P., at p. 6. 29L.J..Q.B.161; 8 W. B. 413. (/)Sng. V. & P. 122 (llthed.); (ft) See Stokes v. Moore, 1 Cox, Olbson v. Holland, 35 L. J., C. P. 219 ; Propert v. Parker, 1 Russ. 5 ; L. R., 1 C. P. 1 (a decision on & M. 625; Bleakley v. Smith, sect. 17). 1 1 Sim. 150 ; Selby v. Selby, (3) Clarke v. Fuller, 16 C. B., 3 Mer. 2. N. S. 24 ; 12 W. R. 671 ; Forster O) Keton v. Slade, 7 Ves. v. Rowland, 7 H. & N. 103; 30 265; Foicle v. Freeman, 9 Ves. L. J., Ex. 396. 351 ; Lnythoarp v. Jlryaiit, L' (/<) Williams v. Lake, 2 E. & Bing. N. C. 735. E. 34l, :?:.l ; i"J L. J., Q. B. 1. I'-' Ml i: CONTRACT OF TENANCY. the subject-matter describing with certainty the pre- mises to be demised (i) ; the duration of the term (A) ; t In- amount of the fine (if any) or other consideration (/), and of the rent(m); and the names of both the parties to the agreement (n). (2) In what cases parol Agreements are enforceable. Part per- Courts of Equity (including the County Courts in cases where the total amount of rent payable during the term does not exceed 5007. (o)) will enforce performance of unwritten and unsigned agreements for leases, made by persons having power to grant such leases (/>), pro- vided such agreements are certain and complete (g) ; are either admitted or clearly proved (r), and have been partly performed (s). Before decreeing specific performance the Court has, first of all, to ascertain that there has been a parol agreement, and to know the terms of that agreement ; and if satisfied on these points has then to inquire whether it has been in part performed (t). See Jackson v. Off lander, 2 Hem. ment in Warner v. Willington, & M. 465 ; 13 W. B. 936 ; Ban- 3 Drew., at p. 530. mann v. James, L. R., 3 Ch. 508; (0) Stat 28 & 29 Viet. c. 99, 8. 16 W. R. 877. 1 (art. 4); Willcox v. Martliall, (i) Daniebv. Daviton, 16 Ves. 36 L. J., Ch. 358. Bat see Cox 249, 255; Lancaster v. De Traf- v. Slater, 14 W. R. 665. ford, 31 L. J., Ch. 554. See (j>) See Phillipt v. Edwards, Ogilcie v. Foljambe, 3 Mer. 53. 33 Beav. 440. (*) Clinan v. Cooke, 1 Sch. & (g) See Thynne v. Glengall, L. 22; Fitzmanriee v. Bayley, 2 H. L. Cas. 131, 158. 8 E. & B. 664 ; 27 L. J., Q. B. (r) Mortal y. Lyons, 8 Ir. Ch. 143; 9 H. L. C. 78; 8 W. R. 750. Rep. 112; see Reynold* v. War- (/) See i:,inni,nni v. Janet, ing, 1 Yo. 846; Morphett v. Jones, L. R., 3 Ch. 608; 16 W. R. 877. 1 SwansL 172. () See Wain v. Warlters, (*) Letter v. Foxcroft, 1 Coll. ast, 10; Sanndfrt v. Wake- P. C. 108. See notes in 1 Wh. .ti>-ld, 4 B. & A. 595. & Tud. L. C. 693 (3rd ed.). () Williamt v. Lakr, '2 K. & (*) See judgment in JTunn T. E. 349 ; 29 L. J., Q B. 1 ; jodg- Fabian, 35 L. J., Ch., at p. 141. AGREEMENTS FOR LEASES. To operate as a part performance an act must have been done unequivocally referring to, and resulting from, the agreement (M); of such a nature, indeed, that if stated, it would of itself infer the existence of some agreement ; and then parol evidence is admitted to show what the agreement is (x\ The following circumstances have been held to amount to part performance : Where under a parol agreement for a lease, and with distinct reference to such agreement, a person has entered into possession of premises (y) ; and especially where, in pursuance of the agreement, he has expended money in improvements (z), with the acquiescence of the landlord (a). Where under a parol agreement by a landlord to grant to a tenant in possession a lease for a term of years at an increased rent, the tenant has paid rent at the increased rate (Z). Where a person who is already in possession of premises as tenant expends money in alterations in pursuance of a parol agreement for a new lease (c), the Acts which constitute. 1. Entry into possession and expenditure. 2. Payment of rent at in- creased rate. 3. Expenditure in pursuance of parol agree- ment. (?/) Ex parte Hooper, 19 Ves. 479; judgment in JMorphett v. Jones, 1 Swanst., at p. 181. (ar) Per Sir W. Grant, M. K., in Frame v. Datvson, 14 Ves., at pp. 387, 388. (y) Sowers T. Cator, 4 Ves. 91 ; Pain v. Coombs, 1 De G. & J. 34; see Wills \. Stradling, 3 Ves., at p. 381 ; Boardman v. Moxtyn, 6 Ves., at p. 470; Mor- /ilirtt v. Jones, 1 Swans. 172; Kin,- v. Balfe, 2 Ball & B. 343, 348. (z) Gregory \. Mii/hell, 18 Ves. 328; Miu,,hj v. ./<>// itlr, ', My. & C. 167; 9 L. J., Ch. nr. ; Farrell v. Davenport, 3 Giff. 363; 8 Jnr., N. S. 862, 1043; see Surcome v. Pinniger, 3 De G., M. & G. 571. (o) See Dann v. Spurrier, 7 Ves. 231 ; Shillibeer v. Jar vis, 8 De G., M. & G. 79. (b) Nunn v. Fabian, 35 L. J., Ch. 140; L. R., 1 Ch. 35; see Wills v. Stradling, 3 Ves. 378, 382. (<) Sutherland v. Briggs, 1 Hare, 26; 11 L. J.,Ch.36; Mm,- dij v. Jolliffe, 5 My. & C. 167 ; 9 L. J., Ch. 95; see Willt v. Strad- liny, :; Ves., at p. 382. lil THE CONTRACT OF TENANCY. 4. I'll.l.T Hpocial i-ircum- . nuTir rrtciitinii of possession. Fraud. Where aprcc- ini-nt is ad- mitted and statute not insisted on. :ilt r.itiuns bring such as he would not have been liable to make if there had been no agreement (d). Under special circumstances it would even seem that the mere retention of possession by a tenant after the determination of the original tenancy may amount to part performance (e). If in consequence of fraud an agreement for a lease is not made in compliance with the provisions of the statute, it will be considered in Equity as exempted from the operation of the statute (f). If a parol agreement is admitted by the defendant, and he does not insist on the statute, Courts of Equity will decree specific performance of such agreement (^). As to title. As to cove- nants. (3) Rights of intended Lessee. By agreeing to grant a lease the intended lessor impliedly undertakes that he has title to grant such lease ; and if he has not, he is liable to an action at the suit of the intended lessee (A). A lessee is a purchaser pro tanto, and, it seems, is entitled to call upon the lessor for an inspection of his title (z). If an agreement for a lease contains no stipulation as (d) See frame Y. Damon, 14 Ves. 386. (*) Dart, V. & P. 656; Domell v. Dew, 1 Y. & C. C. G. 345; 12 L. J., Ch. 158. It it to be ob- terved, hoicerer, that in thit cate there not evidence that the te- nant had laid out money solely /rith reference to the agree- ment. See 1 Y. & C. C. C. 351 ; 12 L. J., Ch. 160. (/) See Pym v. Blackburn, 3 Ves., at p. 38, note; Whitchiirrlt v. Bevit, 2 Bro. C. C., at p. 565. (^) Gunter v. Hahey, Amb. 586. (A) Strankt v. St. John, 36 L. J., C. P. 118 ; L. R., 2 C. P. 376 ; Roper v. Coombes,6 B. & C. 534; Girillim v. Stone, 3 Taunt 432 ; explained in 36 L. J., C. P. 120; (the marginal note to this case is incorrect). See Temple v. Brorrn, 6 Taunt. 60. (i) 2 Sng. V. & P. 141 (10th ed.) ; Keeoh v. Hall, 1 Dougl. 21 ; Pnrvig v. liayer, 9 Price, 488. AGREEMENTS FOR LEASES. 65 to covenants, the person agreeing to take the lease has a right to a lease containing only usual covenants (A). (4) Remedies for Breach of Agreement. Upon the breach of a complete (/) and valid (ra) l. Action for agreement to grant or take a lease, the person aggrieved ^^ thereby may, in an action at law, obtain damages, and ^^-^ also recover back any sum which he may have paid as"^ premium (n). Where a person who has agreed to grant a lease at a future day has disabled himself from doing so by pre- viously making an inconsistent lease, he is considered as having committed a breach of his agreement, and is liable to be sued before such day arrives (o). Instead of bringing an action at law for damages (p), 2. Specific the person aggrieved by the breach of an agreement for a lease for years or life may obtain specific performance of such agreement by a suit in equity, provided the contract is complete (y), and certain (r\ and fair and just in all its parts (5), and either proved by a memo- randum in writing signed by the party to be charged therewith (w), or partly performed (). But the exercise of this jurisdiction is entirely in the discretion of the () Propert v. Parker, 3 My. 1 Mac. & G. 286 ; 19 L. J., Ch. & K. 280. As to what covenants 170; Orme v. Broughton, 10 are "nsnal," see post, p. 85. Bing.,atp.538; Dart, V. & P. 703. (Z) See Forster v. Rowland, 7 (#) See Thynne v. Glengall, 2 H. & N. 103 ; 30 L. J., Ex. 396 ; H. L. C. 131, 168. Jlidgmay v. Wharton, 6 H. L. C. (r) Taylor v. Portington, 7 De 238 ; 27 L. J., Ch. 46. G., M. & G. 328. See Parker v. (TO) Ante, p. 61. Taswell, 2 De G. & J. 559; 27 () See Wright v. Colls, 8 C. L. J., Ch. 812 ; Heymood v. Cope, B. 150 ; 19 L. J., C. P. 60. 25 Beav. 140 ; 27 L. J., Ch. 468. (0) Ford v. Tiley, 6 B. & C. () Per Lord Hardwicke, C., in 325, 327. Buxton v. Lister, 3 Atk., at p. (p) But not in addition to that 386. remedy ; see Sainter v. Ferguson, (t~) Ante, p. 62. F. F 66 THE CONTRACT OF TENANCY. Shit. 21 & 22 Viet c, 27, s. 2. Court of Chancery may award damages. "Where neces- sary. Amount of duty. Stnt. 33 & 34 Viet. c. 97, B. 96. Court (f), and it will not in general decree specific per- formance of a contract for a yearly tenancy (u ), or of an agreement for a longer term where such term has ex- pired by effluxion of time (#), or where there is evidence of general insolvency, showing that the plaintiff is not in a situation to perform the covenants contained in the lease (y). In all cases in which the Court of Chancery has juris- diction to entertain an application for the specific per- formance of any covenant, contract, or agreement, it shall be lawful for the same Court, if it shall think fit, to award damages to the party injured, either in addition to, or in substitution for such specific performance, and such damages may be assessed in such manner as the Court shall direct. (5) Stamps. A written offer to let, assented to by parol, is admis- sible in evidence without being stamped (z). But where an oral proposal is accepted in writing, such written acceptance must be stamped (a). An agreement for a lease, assented to by the parties to it, but not signed by them, is not admissible in evidence without a stamp (b). An agreement for a lease (c), or with respect to the letting of any lands, tenements, or heritable subjects for () Per Lord Hardwicke, C., in Jt>ij-t ,, . , , and reser- but a RESERVATION is always oi a thing not in esse, but Ta tions. newly created or reserved out of the land or tenement demised (6). The words of an exception are usually construed Construction against the lessor and in favour of the lessee (c). It seems, however, when a certain number of acres are ex- cepted from a lease, without any specification of the particular acres intended to be excepted, the lessor has, before the lease is actually granted, the right to select the acres to be excepted from the lease (d). But if the (y) Kooystra v. Lucas, 5 B. & (c) Shep. Touch. 100 ; Sullen A. 830, 834. See Harding v. v. Denning, 5 B. & C. 842, 847, Wilson, 2 B. & C., at p. 100. 850; Cardigan v. Armitage, 2 B. (z) Neale v. Parkin, 1 Esp. & C. 197, 207. See diadn-ick v. 229, 230; Cross v. Eglin, 2 B. & Marsden, 36 L. J., Ex. 177; L. Ad., at p. 110. R, 2 Ex. 285 ; 15 W. R. 964. (a) Neale v. Parkin, 1 Esp. But see Mltcalfe v. Wettan-ay, 229. As to the construction of 17 C. B., N. S. 658; 34 L. J., the words "or thereabouts," see C. P. 113. Davis v. Shepherd, 35 L. J., Ch. (d) Jenkins v. Green, 27 Bear. 581, 590; L. R., 1 Ch. 410. 437; 28 L. J., Ch. 817. (J) Co. Lit. 47 a. 78 THE CONTRACT OP TENANCY. lease has been actually granted in the terms of the agreement, without specifying the lands excepted, the right of selecting the excepted lands will rest with the tenant (e). The landlord's right of selection must not be exercised oppressively, so as to interfere with the beneficial enjoyment of the rest of the farm (e). Timber. An exception of all the wood and underwood includes trees both great and small, but not fruit trees (f)- It extends to the soil on which the trees grow (g\ if there are no expressions showing that it was intended to con- fine the exception to the trees themselves (A). On the other hand an exception of all timber-trees, will comprise only so much of the soil as is sufficient for the vegetation and growth of the trees excepted ( z). Under an excep- tion of all and all manner of timber, fyc., wood, under- wood, bushes and thorns, other than such bushes and thorns as shall be necessary for the repairs of the fences, all bushes whether forming part of the fences or not, or necessary for repairs or not, are excepted out of the demise (A). The meaning of the clause is, that there is reserved to the tenant the right of taking all or parts of the thorns or bushes for repairs when required (A). "Where timber is excepted, the lessor is entitled to enter on the demised premises to show it to intending purchasers, and he or his vendee may cut the trees down, and take them away (7). (c) Jenkins v. Green, 27 Beav. (h) Legh v. Heald, 1 B. & Ad. 437; 28 L. J., Ch. 817. 622; Pincomb v. Thomas, Cro. (/) London T. Sout hmell, Hob. Jac. 524. 803. See also Wy ndhamv. Way, (i) Whistler v. Pasloe, Cro. 4 Tannt. 816; note (fl), p. 318; Jac. 487. See Legh v. Heald, 1 Bvllen T. Denning, 5 B. & C. B. & Ad. 622; 2 Platt on Leases, 842 ; Woodfall, L. & T. 129. 42. (0) Ive v. Sams, Cro. Eliz. 521; (k) Jenney T. Brook, 13 L. J., 5 Co. R. 11; Whistler T. Pasloe, Q. B. 376, 385; 6 Q. B. 323. Cro. Jac. 487; Polls T. Hock, 2 (I) Shep. Touch. 100 ; Liford's Selw., N. P. 1244 (13th ed.). Case, 11 Co. R., at p. 52 ; Hcrr iff LEASES. 79 The word minerals, in its proper sense, comprehends Minerals, all fossil bodies dug out of mines or quarries (m) ; hence it includes stones dug from quarries (n). Under an ex- ception of mines, everything is excepted that is neces- sary for working them, including way-leave for carrying away the minerals (0) ; but a reservation of mines and quarries, with full power to win and work the same, does not include the right of so working them as to let the surface down(/?). A reservation of the exclusive right of hunting, Sporting. shooting, fishing and sporting over the demised premises includes whatever is ordinarily known as hunting, shooting, fishing and sporting ; and a tenant under a lease containing such a reservation is not entitled to shoot rabbits (7). The proper office of the HABENDUM is to restrain Habendum. the generality of the premises (r). It limits and ascer- tains the estate of the lessee by specifying the time of commencement, and the duration of the interest granted to him. Leases for years may be made to commence either 1- For years, immediately, or from a past (s) or future day. Where leases are made to commence from the day of the date of the instrument of lease, the word from is construed v. Isham, 7 Ex. 77 ; 21 L. J., Ex. ( p) Judgment in Proud v. 35. Bates, 34 L. J., Ch., at p. 412. (m) Jtosse v. Wainman, 14 M. (q) Jejfryesv. Evans, 19 C. B., & W. 859 ; 15 L. J., Ex. 67 ; aff. N. S. 246 ; 34 L. J., C. P. 261. 2 Ex. 800. Seepogt, Chap. IV., Sect. 14. (TO) MicJtlethwalt v. Winter, (r) Per Tindal, C. J., in Bur- 6 Ex. 644 ; 20 L. J., Ex. 313. ton v. Barclay, 7 Bing., at p. 757. (0) Judgment in Proud v. See Hob. 170, 171. JJtifrx, 34 L. J., Ch., at p. 411; () See Enyg v. Donnithorne, Cardigan v. Armitagc, 2 B. & C. 2 Burr. 1190. 197, 207. 80 THE CONTRACT OF TENANCY. to mean cither inclusive or exclusive, according to the context and subject-matter, and so as to effectuate the deeds of parties and not to destroy them (/). Leases by deed made to commence from an event which has never happened, or from the date of the deed, where the deed has either no date or an impossible date(tt), take effect from the time of the delivery of the deed (x). Leases to commence from henceforth begin from the delivery of the deed, and not from its date (y). A lease made to begin after the end or determination of a previous lease, where there is no previous lease, or such previous lease has determined or become void, will begin immediately (z). The habendum of a lease must be construed as taking effect from the time of its execution, though the dura- tion of the term is to be computed from a prior day (a). Hence the interest of the lessee, and his liability for breaches of covenant, commence only from the day of the execution of the deed (i). It will be sufficient if the date at which the lease is to commence is capable of being ascertained with cer- tainty at the time when the lease is to take effect in possession, though up to that time the period of com- mencement may be uncertain (c). Thus, if a lease be granted for twenty-one years after three lives in being ; though it is uncertain at first when the term will com- (t) Piighv. Leeds, 2Cowp. 714. v. Maynicaring, Cro. Car. 397, See also Doe v. Day, 10 East, 427. 399. (w) See Chapman v. Beecham, (a) Per Parke, B., in Jercis v. 3 Q. B. 723 ; 12 L. J., Q B. 42. Tomkinson, 1 H. & N., at p. 206. (j?) Bac. Abr. (L.) 168; Stylet (b) Jerris v. Ibmkinton, 1 H. v. Wardlf, 4 B. & C. 908, 911. & N. 195 ; 26 L. J., Ex. 41 ; Shan (y) Clayton'* Gate, 5 Co. Rep. v. Kay, 1 Ex. 412; 17 L. J., Ex. 1. See Steele v. Mart, 4 B. & C. 17. See Wyburd v. Ihick, 1 B. & 272, 278. P. 464. (*) Bac. Abr. (L.) 170 ; Miller (c) Shep. Touch. 272. LEASES. 81 mence, because the lives are in being, yet when they die it is reduced to a certainty ; and id cerium est quod certum reddi potest(d}. The duration of the lease must also be ascertained Duration of either by the express limitation of the parties at the time of making the lease, or by reference to some colla- teral or subsequent act or event which may with equal certainty measure the continuance thereof (e). A lease for an indefinite term is prima facie a lease at will (f ), but a general letting at a yearly rent usually gives rise to an implied tenancy from year to year (./) Where it is intended to create an express tenancy 2. From year from year to year the words of the habendum should yea be from year to year. A lease for one year certain, and so on from year to year, has been held to contem- plate a tenancy for two years at the least (^). A let- ting not for one year only, but from year to year, enures as a demise for two years at least (A). A lease for a year, or for one year and no longer, creates a tenancy expiring at the end of the year without notice to quit (z). A lease for life of corporeal hereditaments could not 3. For life, by the common law be made to commence in futuro, because livery of seisin was formerly essential to the crea- tion of an estate of freehold, and present livery could not be (d ) Per Ld. Kenyon, C. J., in 658. See Reg. v. Chamton, 1 Q. Goodright v. RicJiardson, 3 T. B. 247. R., at p. 463. (A) Denn v. Cartmright, 4 (e) Bac. Abr. (L.3) 176; Bishop East, 29, 33. of Bath's Case, 6 Co. R., at pp. (i) Cob b v. Stoket, 8 East, 358. 35, 35 a. Ante, p. 58. See judgment in Messenger v. (/) Ante, p. 52. But see Say Armstrong, 1 T. R., at p. 54 ; also T. Smith, Plowden, 271; Owynne judgment in Right v. Darby, Ib., v. Maynstone, 3 C. & P. 302. at p. 162. (0) Doe T. Green, 9 A. & E. F. G 82 THE CONTRACT OF TENANCY. made to a future estate (I). It would appear, however, that livery of seisin is not now necessary to the creation of a freehold interest (m). As a use may be limited in futuro, a lease for life may be made to commence at a future day by limitations operating under the Statute of Uses, as, for instance, where the lease is made in pur- suance of a power to lease (n). A lease for term of life, without mentioning for whose life, shall be deemed to be for the life of the lessee (o). When A. demises to B. for the term of his life, the word his, in ordinary construction, would apply to B. as the last antecedent. But instances perpetually occur where that word is used, and does not refer to the last party named. The words of the demise are ambiguous, and may derive explanation from the other parts of the instrument. A covenant for quiet enjoyment during the life of the lessor tends very strongly to expound the intention of the parties ( p). A lease made to A. during the life of B. and C. will continue during the life of the survivor (5-); but a lease for a term of years if A. and B. shall so long live will determine on the death of one of them (q). Reddendum. THE REDDENDUM fixes the amount and kind of re- compense to be paid by the lessee to the lessor for the possession of the demised premises, and usually speci- (l) Barnick's Cafe, 5 Co. R., () 1 Sanders on Uses, 142 (5th at p. 94 a ; 2 Black. Com. 165. ed.) ; 1 Platt on Leases, 692. See Oreenmood T. Tyber, Cro. (0) Co. Lit. 42 a. Jac. 663 ; Freeman v. West, 2 (p~) Per Taunton, J., in Doe v. Wils. 165. Dodd, 5 B. & Ad., at p. 693. (TO) Stat. 8 & 9 Viet. c. 106, s. (j) SrudneVs Case, 5 Co. R. 9. 2. Ante, p. 72. LEASES. 83 fies the periods at which such recompense is to be paid or rendered. No special form of words is essential. A proviso (r), or a covenant (s), may constitute a good reservation of rent, and a letting at and under the rent of 80/. is an agreement by the tenant to pay that rent (t). Under the words yielding and paying a covenant for payment of the rent is implied (M). Rent may be made payable in advance, but in that Rent payable case the reddendum should state expressly that the rent " is so payable from time to time, or always, in advance, or the stipulation for payment in advance may be held to relate to the first quarter's rent only (#). The amount of the rent must be either expressly Certainty as to stated, or otherwise rendered capable of being ascer- ren t. tained with certainty (y). In some cases there may be a certainty in uncertainty ; as a man may hold of his lord to shear all the sheep depasturing within his lord's manor ; and this is certain enough, although the lord has sometimes a great, and sometimes a small number there (z). A royalty of so much quarterly per solid yard for marl got, and so much per thousand for all bricks made by the tenant, is a rent capable of being ascertained with certainty (a). The rent must be reserved to the lessor and his heirs, and not to a stranger (). But the law uses all industry (r) Harrington v. Wise, Cro. Stark. 161. Eliz. 486. (y) Co. Lit. 142 a. () Drake v. Munday, Cro. (z) Co. Lit. 96 a. Car. 207. (.a) Daniel v. Grade, 6 Q. B. (t) Doev.Kneller, 4 C. & P. 3. 145; 13 L. J., Q. B. 309. See (u) Judgment in Iggulden v. judgment in Watson Y. Waud, 8 May, 9 Ves., at p. 330 ; Hellier v. Ex., at p. 339. Cagbard, 1 Sid. 266; Porter v. (J) Lit. s. 346; 2Wms. Saund. Swetnam, Styles, 406. 370. Post, Chap. IV., Sect. 1 (2), (*) See Holland Y. Palter, 2 p. 112. G2 THE CONTRACT OF TENANCY. Mode of reser- vation. " Net rent." Covenants. How consti- tntcd. imaginable to conform the reservation to the estate (c). Hence a reservation to the lessor, entitled in fee, his heirs, executors, and assigns will not prevent the rent from following the reversion and going to the heir(rf). The most clear and sure mode of reservation is to reserve rent yearly during the term, and leave the law to make the distribution, without an express reservation to any person (e). A reservation of rent to the lessor only, not mentioning his heirs, &c., will enure only during the life of the lessor (f ), unless the reservation be expressly to the lessor during the term, in which case rent will continue payable to the end of the term (^). A stipulation for a net rent means a rent clear of all deductions (k) ; hence the tenant under a lease contain- ing this reservation will be liable to pay land tax and sewer's rates (A). A COVENANT is nothing more than an agreement of the parties under seal (z). Hence, in order to constitute a covenant, no technical language is necessary (A) ; any words in a deed jphich show an agreement to do a thing amount to a covenant (/). A recital (m), or an (c) Judgment in SacTieverell v. Froggatt, 1 Vent., at p. 161. (rf) Drake v. Munday, Cro. Car. 207. See Sacheverell T. Froggatt, 2 Wms. Saund. 367 a, (e) Wfiitlock't Case, 8 Co. R., at p. 71. (/) Co. Lit. 47 a. (0) Sacheverell v. Froggatt, 2 Wms. Saund. 367 a. (A) See judgment of Ld. Tenter- den, C. J., in Bennett v. Woniack, 7 B. & C., at p. 629; 3 C. & P. 96; Jiradbury v. Wright, 2 Dougl. C24. (i) PerLd.Ellenborough, C.J., in Randall v. Lynch, 12 East, at p. 182. (A) Lant T. Norrte, 1 Burr. 287, 290. See also Saltoun v. Houstoun, 1 Bing., at p. 440. (f) Easterby v. Sampson, 6 Bing. 644, 650; 9 B. & C. 505; Stevenson's Case, 1 Leon. 324 ; 12 East, 1 82, note (a) ; Hollls v. Carr, 2 Mod. 87 ; St. Albans v. Ellis, 16 East, 352 ; Cannock T. Jones, 3 Ex. 233. (TO) Sampson v. Easterby, 9 B. & C. 505; 6 Bing. 644; Farrall LEASES. K.: exception, may constitute a covenant, where it appears from the rest of the deed to be the intention of the parties that it should do so (n). An express covenant for payment of rent should be Covenant for inserted in every lease, because this covenant makes j^' the tenant chargeable with rent during the whole of the term, and if he assigns the lease gives the landlord a remedy against him as well as against the assignee (o). If it is agreed that the rent shall cease to be payable in case the demised premises shall be burnt down, or shall become uninhabitable, an express exception to that effect should be inserted in the covenant for payment of rent. An exception of damage by fire contained in the cove- nant to repair does not limit the operation of the cove- nant for payment of rent (p). Where it is intended that the liability to perform, Where assigns and the right to take advantage of covenants, shall pass n a^ e d * with the land to the assignee, the assigns should always be expressly named ; for though some covenants will bind assigns though not named, and others will not bind them though named, yet as w there is a middle class, in which assigns are bound if named, and not otherwise, it is prudent to provide for the possibility of a covenant being held to belong to this class (q}. Where an agreement for a lease contains no stipula- Usual cove- tion as to the covenants to be inserted in the lease, or stipulates for the usual covenants, it seems that the lessor is entitled to have introduced into the lease a v. llilditch, 5 C. B., N. S. 840; (p) Hare v. Grovei, 3 Anst. Lay v. Mottram, 19 C. B., N. S. 687; 2 Platt on Leases, 166. See 479. post, Chap. IV., Sect. 2. O) .S?. Albans v. Ellis, 16 (.7) 4 Jarm. Conv., by Sweet, K;IM, :;:..'; Woodfall L. & T. 127. 428. Sec post, Chap. IV., Sect. (0) 2 Platt on Leases, 1 63. See 12. pott, Chap. IV., Sect. 1 ft 86 THE CONTRACT OF TENANCY. covenant by the tenant to repair, without exception in case of damage by fire or tempest (r) ; but the lessor cannot require the insertion of a covenant by the lessee not to assign or underlet without licence (*) ; or a cove- nant not to exercise particular trades on the demised premises (<). The question of what covenants are usual appears, however, to be one of fact, and not of law(zA A covenant by the tenant to pay land tax and sewer's rate is a usual covenant in a lease, reserving a net rent(tt) ; and a proviso for re-entry is usual in leases of public-houses (#). A covenant that in case the demised premises shall be blown down or burned, the lessor shall rebuild, or otherwise the tenant shall be at liberty to quit, is not a usual covenant ( y). Construction Every covenant is to be expounded with a regard to at8 ' its context, and such exposition must be upon the whole instrument, ex antecedentilus et conseqyentibus, and according to the reasonable sense and construction of the words (z). Hence, if a man acts contrary to the intention of his covenant a breach will be committed, although he literally performs it ; as, if a man covenants to leave all the trees upon the land, and he cuts them down and leaves them there (a). If the meaning of the words of a covenant be doubtful, it would seem that (r) Kendall v. Hill, 6 Jnr., N. v. Williams, 11 Q. B. 688 ; 17 L. S. 968 ; Sharp v. Milligan, 23 J., Q. B. 154. Beav. 419. (a?) Bennett v. Womack, 7 B. (*) Henderson v. Hay, 3 Bro. & C. 627 ; Haines v. Burnett, 27 C. C. 632; Vere Y. Loteden, 12 Beav. 500 ; 29 L. J., Ch. 289. Ves. 179 ; Church v. Bronn, 15 (y) Doe v. Sandham, 1 T. R. Ves. 258 ; Browne v. Ra ban, Ib. 705; Medmin T. Sandham, 3 528 ; judgment in Buckland v. Swanst. 685. Papillon, 36 L. J., Ch., at p. 83. (z) Per Ld. Ellenborongh, C. J., (t) Propert v. Parker, 3 My. in Iggulden v. May, 7 East, at p. & K. 280; Van T. Corpe, Ib. 269. 241. () Bennett v. Womack, 3 C. (a) Com. Dig. Gtccnant(E.2y, & P. 96 ; 7 B. & C. 627. See Doe Smith L. & T. 122. LEASES. 87 such construction will be made as is most strong against the covenantor (5). Covenants are construed as dependent or independent Whether de- according to the fair intention of the parties, to be dependent" collected from the instrument, and technical words (if there be any to encounter such intention) should give way to that intention (c). As furnishing a guide to the discovery of the intention of the parties (d), it has been laid down as a rule that where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant (e). Covenants entered into with several persons, although Whether joint .-, . A f . -i , i or several, they may appear pnma jacie to be joint, yet may be construed as separate, if the interelt of the parties in the deed appears to be separate. If the words are ambiguous, they may be construed according as the interest of the parties appears to be joint or several, but if they are expressly and clearly joint or several, they cannot be so controlled (/). It has been held, that where a demise is joint, and the covenants upon which an action is brought are entire, and are made (J) Bac. Abr. Covenant (F.) ; gallay v. Pettit, 6 C. B., N. S. judgment in Doe v. Stevens, 3 B. 637; 28 L. J., C. P. 169. Sec & Ad., at p. 303. But see Rhodes also^ostf, Chap. IV., Sect. 2 (2). v. Bullard, 1 East, 116. (/ ) Per Parke, B., in Sorsble v. (0) See judgment of Ld.Kenyon, Park, 13 L. J., Ex., at p. 11; 12 C. J., in Porter v. Shephard, 6 T. M. & W., at p. 158 ; Bradburne R., at p. 668 ; judgment of Ld. v. Botfield, 14 M. & W. 659, 572; Chelmsford in Roberts v. Brett, 14 L. J., Ex. 330 ; Keightley v. 34 L. J., C. P., at p. 247. Watson, 3 Ex. 716, 722. See (d) Per Ld. Chelmsford, 34 L. Slinggby's Case, 5 Co. R. 18 a; J., C. P., at p. 247. Eccleston v. Clipxham, 1 Wms. (e) Boone v. Eyre, 1 II. Bl. Saund. 153; Anderson v. Mnriin- 273, note (a) ; St. A Ibans v. Shore, dale, 1 East. 497 ; James v. Emery, lb.270; Pordage v. Cole, 1 Wms. 8 Taunt. 245; Withers?. Bircham, Saund. 320 b ;" Carpenter v. Cress- 3 B. & C. 254. nell, 4 Bing. 409, 411. See Bag- 88 THE CONTRACT OF TENANCY. Provisoes for re-entry. How framed. with both the lessors, the cause of action is joint, and both of the covenantees ought to sue, though as between themselves their interests may be separate (g}. Hence, the benefit of a covenant to repair in a joint lease made by tenants in common, will run with the entire rever- sion, and the representatives of all the tenants in com- mon must join in suing for a breach of such cove- nant (A). A PROVISO FOR RE-ENTRY on the whole of the der mised premises, on breach of any covenant in the lease, is not unreasonable (z). A proviso for re-entry on the bankruptcy of the lessee (A), or on his contracting a debt upon which judgment should be signed and exe- cution issue (/), is lawful. It is not essential that leases containing provisoes or conditions for re-entry should be made by deed (w). A person who demises land by an instrument not under seal may introduce a condition into it, provided he use apt and proper words for the purpose. In a lease for years, no precise form of words is necessary to make a condition. It is sufficient, if it appear that the words used were intended to have the effect of creating a con- dition (n). The right of entry should be reserved to the owner of the legal estate in the premises (o). (0) Per Ld. Denman, C. J., in Foley v. Addenbrooke, 12 L. J., Q. B., at p. 165 ; 4 Q. B., at p. 207. (A) Thompson v. llakewill, 19 C. B., N. S. 713 ; 35 L. J., C. P. 18. (t) See Haberdasher* 1 Com- pany v. Igaac, 3 Jar., N. S. 611. (A) Roe v. Galliert, 2 T. R. 133. See Church v. Browne, 15 Ves., at p. 268. . (/) See Darts v. Eyton, 7 Bing. 154. As to the construction of these provisoes, see Doe v. Prit- chard, 5 B. & Ad. 765 ; Doe v. Dariei, 6 C. & P. 614; 1 Cr. M. & R. 405 ; Doe v. Rees, 4 Bing. N. C. 384. (.) See Hayne v. Cumminys, 16 C. B., N. S. 421 ; 10 L. T., N. S.341. () Per Bayley, J., in Doe v. Watt, 8 B. & C., at p. 315. () Lit. s. 347 ; Doe v. Law- LEASES. 89 Provisoes for re-entry are construed according to the Construction letter, unless a decisive reason is shown for departing from it (/>), such as a clear intention of the parties. The rule that the words of a covenant must be taken against the covenantor, applies more strongly to a proviso for re- entry, which contains a condition that destroys or defeats the estate (q). Where a proviso is insensible, it seems that the Courts will not find out a meaning for it (r). PROVISO for re-entry for breach of covenants "here- inafter contained." The lessor cannot re-enter for breach of a covenant placed before the pro- viso in the lease, although there are no covenants by the lessee after the proviso (s). PROVISO for re-entry " if the lessee shall do or cause to be done any act, matter or thing whatsoevi-r contrary to, or in breach of any of the covenants" Does not apply to a breach of a covenant to re- pair, the omission to repair not being an act done within the meaning of the proviso (t). PROVISO for re-entry " if the lessee shall, by the space of thirty days next after notice, make de- fault in performance of any of the clauses or agreements herein contained." Does not apply to the breach of a covenant not to allow alterations in the premises, or permit new buildings. to be made upon them without permission (M). rence, 4 Taunt. 23 ; Saunders v. in Doe v. Stevens, 3 B. & Ad., at Merryweather, 3 H. & C. 902 ; 35 p. 303. L. J., Ex. 115 ; 13 W. K. 814. (r) Doe v. Carem, 2 Q. B. 317 ; GO PerLd.Ellenborough.C. J., 11 L. J., Q. B. 5. in Doe v. Godwin, 4 M. & S., at (*) Doe v. Godwin, 4 M. & S. p. 2G9 ; Doe v. Marchetti, 1 B. & 265. Ad. 715, 720. But see Doe v. (*) Doe v. Stevens, 3 B. & Ad. Elsam, Moo. & M. 189 ; Croft v. 299. Lnmley, post, p. 90, note (a?). (M) Doe v. Marclietti, 1 B. & (. 90 THE CONTRACT OF TENANCY. PROVISO for re-entry " if the lessee shall make default in the performance of any other covenants which on his part are or ought to be observed, per- formed or kept." Applies to and forbids the breach of a negative as well as a positive cove- nant (x). PROVISO for re-entry " if the lessee shall be duly found and declared a bankrupt." Does not apply where the tenant is found and declared a bankrupt without a proper petitioning credi- tor's debt (y). PROVISO for re-entry " if the lessee shall happen to become insolvent and unable in circumstances to go on with the management of the f arm." It is doubtful whether the attainder of the tenant is a forfeiture of the lease (z). PROVISO for re-entry " if the lessee, his executors, administrators or assigns, should become bank- rupt or insolvent, fyc." The right of re-entry- accrues on the bankruptcy of the survivor of certain executors to whom the tenant, dying during the term, has bequeathed the premises on trust (a). PROVISO for re-entry " in case the term of years hereby granted shall be extended or taken in execution." Seizure by the sheriff under a writ of extent against the lessee at the suit of the Crown is a taking in execution within this pro- viso (b}. (j-) Croft v. Lumley, 4 Jnr., (z) Doe T. Prltchard, 5 B. & N. S. 903; 6 II. L. C. 672; 27 Ad. 765. L. J., Q. B. 321. (a) Doe v. David, 1 Cr. M. & R. (y) Doe v. Ingleby, 15 M. & 405 ; 6 C. & P. 614. W. 465. (b) Rex T. Topping, M'Clel. & T. 644. LEASES. 91 PROVISO for re-entry "in case of breach of any of the agreements herein contained" (in a written agreement whereby premises are let for a term, " at and under the rent of 80/.") The lessor may re-enter for nonpayment of rent, although there is no express agreement to pay rent (c). PROVISO for re-entry upon breach of any of the covenants, enumerating all the covenants except a covenant not to carry off hay, &fc., under a penalty of 51. per ton. The meaning is, that if the hay be removed without payment of that sum, the right of re-entry shall accrue (d). PROVISO for re-entry if the tenant does not execute certain repairs to the satisfaction of the surveyor of the lessor. It is sufficient if the jury think that the surveyor ought to have been satisfied with the repairs which are done, and although he is not in fact satisfied, no forfeiture will be in- curred (e). PROVISO for re-entry " in case no sufficient distress can be found upon the premises" Search must be made in every part of the premises (f\ T*ROVISO for re-entry " if the lessee shall commit waste to the value of 10s." The waste contemplated in the proviso is waste producing an injury to the reversion (^). PROVlSO^br re-entry " in default of making it appear, by a good and sufficient certificate, that a certain person in a foreign country is living." The fact (<0 Doev. Kneller, 4 C. & P. 3. (/) Rees v. King, Forrest, 19. (d) Doe v. Jrpson, 3 B. & Ad. See 2 B. & B. 614. 402, 4<>:'.. (0) Doe v. liond, 5 B. & C. (<) J)r \. Jours, 2 C. & K. 855. 743. 92 THE CONTRACT OF TENANCY. cannot be properly certified by hearsay, or pre- sumptive evidence (A). Power to re- Sometimes there is inserted in a lease a proviso suine posses- sion of part of enabling the lessor to resume possession of any portion, mises 3 . or certain specified portions, of the demised land on giving notice to the lessee. Construction PROVISO empowering the lessor to resume any portion of the demised land which may be required for the purpose of " building, planting, accommoda- tion or otherwise." The words or otherwise must be held to refer to some purposes of the same character as those before specified, and the proviso will not enable the lessor to resume a portion of the land for the purpose of conveying it to a railway company (i). PROVISO giving the lessor's son power to take the demised house for himself when he comes of age. The son must make his election in a reasonable time after he comes of age. The delay of a year is unreasonable (k\ COVENANT that if lessor shall be desirous, during the term, to take all or any part of the land for building thereon it shall be lawful for her to enter upon all or any part to make such buildings as she shall think proper, and to do all necessary acts without interruption by the lessee, provided the lessor give six months' notice of such inten- tion. This is not merely a covenant that the lessor may come upon the land in order to build (K) Handle v. Lory, 6 A. & E. gate and London Ity. Co., 35 L. 218. J., Ch. 322. (/) Johnson v. Edgrcare, Tligh- (It) Doe v. Smith, '2 T. R. 43G. LEASES. 93 upon it, but she may take the whole of the land back for the purpose of building (/). STIPULATION in an agreement to let (in which there was no clause of re-entry) that in case the land- lord should want any part of the demised land to build, or otherwise, the lessee will give up that part on a proportionate abatement being made in the rent, the fences being paid for and six months' notice being given. This is a covenant and not a condition operating in defeasance of the estate (ra). STIPULATION in a lease, by the Commissioners of Woods and Forests, that if the Commissioners, for the time being, shall, at any time during the term, be desirous to determine the demise, and of such desire shall cause " one calendar month's notice in writing, under their hands" to be given to the lessee, the lease, at the expiration of such notice, shall cease, determine and be absolutely void. The lease may be determined by a notice signed by two only of three commissioners by virtue of stat. 10 Geo. 4, c. 50, s. 92 (ra). (4) Stamps on Leases. Though a parol lease of land, not exceeding three Where neces- years, and reserving as rent two third parts of the full 8ary< annual value, is good ; yet if a man, through caution, reduce it into writing he must pay for the stamp, or the Courts will not receive the instrument in evidence (o). The want of a proper stamp does not invalidate a Effect of want of stomp. (Z) Doe v. Abel, 2M. & S. 541, (n) Coombes T. Button, 5 M. 549. See Doe T. Kennard, 12 Q. & W. 469. B. 244. (o) Prosser v. Phillips, Bull. (m) Doe v. Phillips, 2 Bing. 13. N. P. 209. 94 THE CONTRACT OP TENANCY. BUt 83 & 84 Viet c. 97, lift, Instalments may be stamped after execution, on payment of unpaid duty and penalties. As to instru- ments exe- cuted abroad. Penalties may be remitted. Sect 16. Unstamped or insufficiently stamped in- struments may be received in evidence in any court, on lease, but renders it inadmissible as evidence (p) except on payment of penalties. (1.) Except where express provision to the contrary is made by this or any other act, any unstamped or in- sufficiently stamped instrument may be stamped after the execution thereof, on payment of the unpaid duty and a penalty of ten pounds, and also by way of further penalty, where the unpaid duty exceeds ten pounds, of interest on such duty, at the rate of five pounds per centum per annum, from the 1871- , . n , Stat. 33 & 34 An instrument made tor any consideration, in respect yict. c. 97, s. 8. whereof it is chargeable with ad valorem duty, and also Dnty charge- . . , able on every for any other valuable consideration, is to be charged distinct matter Avith duty in respect of such last-mentioned consideration. (y) Boase v. Jackson, 3 B. & (J) See Lovelock v. Franklyn, B. 185; Blount v. Pearman, 1 8 Q. B. 371 ; 16 L. J., Q. B. 182. Bing. N. C. 408 ; Parry v. Deere, (c) Carder v. Drakeford, 3 6 A. & E. 551 ; Reg. v. Hock- Tannt. 382. worthy, 7 A. & E. 492. (d) Eagletoni. Gutteridge, 11 (z) Coster v. Cowling, 7 ^Bing .450. M. & W. 465; 12 L. J., Ex. 359. (a) Worthington v. Warring- See Hill v. Ramm, 5 M. & Gr. ton, 5 C. B. 635 ; 17 L. J., C. P. 789; Barry v. Goodman, 2 M. & 117. See pott, p. loo. W. 768. F. " 98 THE CONTRACT OF TENANCY. Stat 83 & 84 LEASE OR TACK *. d. c - 97. (i.) F or any definite term less than a year: Amount of (a.) Of any dwelling-house or tenement, or part of a dwelling-house or tenement, at a rent not ex- ceeding the rate of 10*. per annum .. .. 001 (ft.) Of any furnished dwelling-house or apartments where the rent for such term exceeds 25*. . . 020 ^Thenamednty (o.) Of any lands, tenements, or heritable subjects I " y ta?at tiie except or otherwise than as aforesaid | fo^the^dcfl*- * nltc term. (2.) For any other definite term or for any indefinite term : Of any lands, tenements or heritable subjects Where the consideration, or any part of the consi- deration, moving either to the lessor or to any other person, consists of any money, stock or security: fThesameduly as a convey- In respect of such consideration . , tlon (/). Where the consideration or any part of the con- sideration is any rent : (/) I.e. Where the amount or value of the consideration *. A. for the sale does not exceed 51. . . ..006 Exceeds 51. and does not exceed 101. ..010 ,, 10*. 151. ..016 151. 201. ..020 201. 251. ..026 25*. 50*. ..050 50*. 751 ..076 751. 1001. .. 10 ,, 100*. 1251. .. 12 6 125*. 150*. .. 15 ,, 150*. 175*. .. 17 6 - 175*. 200*. ..100 200*. 225*. ..126 225*. 250*. ..150 ,, 250*. 275*. ..176 ii 275*. 300*. .. 1 10 800*. For every 50*., and also for any fractional part of 50*., of such amount or value . . 050 LEASES. 99 (2.) For any other definite term, &c. continued. In respect of such consideration : If the rent, whether reserved as a yearly rent or otherwise, is at a rate or average rate : If the term is deflnlte and does not exceed 36 years, or la indefinite. If the terra being defi- nite exceeds 35 years but does not exceed 100 If the term being defl- nlte exceeds 100 years. years. g. d. . d. . d. 006 030 060 010 060 12 1 6 090 18 020 12 140 026 15 1 10 050 1 10 300 076 250 4 10 10 300 600 060 1 10 300 Not exceeding 51. per annum Exceeding 51. and not exceeding 10Z. 10*. , 151. 15Z. , 20Z. 20Z. , 251. 251. , 501. 501. , 751. 751. , 1001. 1001. For every full sum of 50/., and also for any fractional part of 501. thereof (3.) Of any other kind whatsoever not hereinbefore de- scribed .. .. , 10 (1.) Where the consideration, or any part of the consideration, for which any lease or tack is granted or agreed to be granted, does not consist of money, but consists of any produce or other goods, the value of such produce or goods is to be deemed a consideration in respect of which the lease or tack or agreement is chargeable with ad valorem duty, and where it is stipu- lated that the value of such produce or goods is to amount at least to, or is not to exceed, a given sum, or where the lessee is specially charged with, or has the option of paying after, any permanent rate of conver- sion, the value of such produce or goods is, for the purpose of assessing the ad valorem duty, to be esti- mated at such given sum, or according to such perma- nent rate. n 2 Sect. 97. Where produce or goods are reserved as rent, duty to be chargeable on value thereof. Where value is ascertained by stipulation in lease, duty to be assessed thereon. 100 THE CONTRACT OF TENANCY. (2.) A lease or tack or agreement made either entirely or partially for any such consideration, if it with statement con tains a statement of the value of such consideration, of value to be . deemed duly and is stamped m accordance with such statement, is, JonTiEj is so far as regards the subject-matter of such statement, hown> to be deemed duly stamped, unless or until it is other- wise shown that such statement is incorrect, and that it is in fact not duly stamped. Sect 98. (1.) A lease or tack, or agreement for a lease or No duty tack, or with respect to any letting, is not to be charged chargeable in r J . respect of with any duty in respect of any penal rent, or increased rent in the nature of a penal rent, thereby reserved or agreed to be reserved or made payable, or by reason of or of surrender being made in consideration of the surrender or aban- ' donment of any existing lease, tack, or agreement of or relating to the same subject-matter. or of covenant (2.) No lease made for any consideration or consi- maVei^of derations in respect whereof it is chargeable with ad lease. valorem duty, and in further consideration either of a covenant by the lessee to make, or of his having pre- viously made, any substantial improvement of or addi- tion to the property demised to him, or of any covenant relating to the matter of the lease, is to be charged with any duty in respect of such further consideration. Doty on leases (3.) No lease for a life or lives not exceeding three, corporations. or ^ or a term of years determinable with a life or lives not exceeding three, and no lease for a term absolute not exceeding twenty-one years, granted by an eccle- siastical corporation aggregate or sole, is to be charged with any higher duty than thirty-five shillings. On leases by (4.) No lease for a definite term exceeding thirty- lege, Dublin, five years granted under * The Trinity College (Dublin) LEASES. 101 Leasing and Perpetuity Act, 1851,' is to be charged with any higher duty than would have been chargeable thereon if it had been a lease for a definite term not exceeding thirty-five years. (5.) No lease or tack, or agreement for a lease or On leases of tack, in Scotland, of any dwelling-house or tenement, or part of a dwelling-house or tenement, for any definite term . not ex ~ * ceeding a year term not exceeding a year, at a rent not exceeding the at rent not ex- , , . 5 .,, ceeding 101. rate ot ten pounds per annum, is to be charged with per annum. any higher duty than one penny. The duty upon an instrument chargeable with duty Sect. 99. as a lease or tack for any definite term less than a year P? ty in cer " * * tain cases may of be denoted by adhesive (1.) Any dwelling-house or tenement, or part of a stamp. dwelling-house or tenement, at a rent not exceeding the rate of ten pounds per annum ; (2.) Any furnished dwelling-house or apartments ; Or upon the duplicate or counterpart of any such instrument, may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the instrument is first executed. (1.) Every person who executes, or prepares, or is Sect. 100. employed in preparing any instrument upon which the n^*^ 7 - on duty may, under the provisions of the last preceding adhesive stamp section, be denoted by an adhesive stamp, and which tion. is not, at or before the execution thereof, duly stamped, shall forfeit the sum of five pounds. (2.) Provided that nothing in this section contained shall render any person liable to the said penalty of five pounds in respect of any letters or correspondence. 102 nn: t nvn:.v< i or 1 1 \ \\< \ . Counterpart. Duplicate. Stat 33 & 34 Viet. c. 97, 8.93. Denoting stamp neces- sary. (5) Counterparts and Duplicates. Leases are often prepared in two parts, known respectively as the lease and counterpart. The lease is executed by the lessor alone, and is kept by the lessee (g). The counterpart is executed by the lessee alone, and is kept by the lessor. The production of a counterpart, properly stamped and executed by the lessee, is presumptive evidence of the execution of a lease (h). Where copies of a lease are each executed by both lessor and lessee they are termed duplicates. The duplicate or counterpart of an instrument chargeable with duty (except the counterpart of an instrument chargeable as a lease, such counterpart not being executed by or on behalf of any lessor or grantor,) is not to be deemed duly stamped unless it is stamped as an original instrument, or unless it appears by some stamp impressed thereon that the full and proper duty has been paid upon the original instru- ment of which it is the duplicate or counterpart. DUPLICATE or COUNTEBPABT of any instrument charge- able with any duty. ! The same duty *l V*i tru~ merit. . d. In any other case .. .. .. .. .. ..050 (6) Matters relating to the completion of Leases. Execution of Leases by deed should be signed, sealed and delivered by the parties, or their agents, duly authorized by power of attorney under seal (i). It is not clear, however, Id. Schedule. Amount of duty. (0) Pott, p. 105. (A) Hughes T. Clark, 10 C. B. 905 ; Honghton v. Kccnig, 18 C. B. 235 ; 25 L. J., C. P. 218. See Doe v. Austin, 2 Moo. & Sc. 107. (/) Ante, p. 31. LEASES. 103 that signature, though usual and desirable, is essential to leases by deed (A). No formal mode of delivery is necessary. A deed may be delivered by handing it over to the party to whom it is made, without words ; or by words without any act of delivery (/). The delivery may be qualified by express words, so as to prevent it from operating until the performance of some condition, as, for instance, the payment of a sum of money. Or an agreement to that effect may be inferred from circumstances ; and in that case, though there is no express delivery as an escrow, the instru- ment will not operate as a deed until the condition has been performed (m). Leases made by agents should be executed by them Execution of in the names of their principals, thus, A. B., by C. D., agents. ^ his agent. An agent who executes a lease or agreement in his own name only may be held personally liable, even where the instrument is expressed to be made by him for and on behalf of the principal (n). It is desirable that leases by deed should be attested Attestation. by two witnesses, but, unless the deed is made in pur- suance of a power requiring witnesses, the want of attestation will not render it void (o). Until the lessor has executed the lease, the lessee is Effect of non- not bound by the covenants to repair or to pay rent, be- j^" " cause until then he has not the consideration for which he has stipulated (p\ But when, in a mortgage deed ( &} Adeline v. Whlsson, 4 M. () Norton v. Herron, 1 C. & & Gr. 801 ; 12 L. J., C. P. 58. P. 648 ; Ry. & M. 229 ; Tanner v. See Couch v. Goodman, 2 Q. B., Christian, 4 E. & B. 591 ; 24 L. at p. 596; 11 L. J., Q. B. 225, J., Q. B. 91. L'i'7 ; 2 Platt on Leases, 9. (0) 2 Black. Com. 307. (0 Co. Lit. 36 a. (/>) Swatman v. Ambler, 8 Ex. () Gkidgcn v. Sestet, 6 E. & 72 ; 22 L. J., Ex. 81 ; Pitman v. B. 986; 26 L. J., Q. B. 36. Woodbttry, 3 Ex. 4. 104 THE CONTRACT OF TENANCY. Effect of alte- rations in a lease after execution. not executed by the mortgagee, the mortgagor has attorned and has occupied as tenant to the mortgagee at a fixed rent payable half-yearly, and has made several half-yearly payments, the relation of landlord and tenant is created, and a distress for rent may be made by the mortgagee (7). Rent is recoverable from sureties under a lease of the wife's lands executed by husband and wife, but not acknowledged by the wife, nor made according to the provisions of stat. 19 & 20 Viet. c. 120, s. 32 (r) ; provided there is nothing to show that the parties bargained for a lease which it should be impossible for the wife to dispute (s). A lease purporting to be made by a tenant for years determinable with his life and the reversioner, not executed by the reversioner, but containing a clause expressly stating that the parties demise, so far only as they lawfully can, according only to their respective estates and interests, is binding on the lessee, who has entered into possession (). If any alteration is made in a lease after it has been executed by the lessor and lessee, it will require a fresh stamp ; unless, perhaps, in cases where such alteration is made with the consent of both parties, and is merely an expression of what was before implied, as, for instance, the addition of the words " house and build- ings " to a proviso for giving up a farm (u}. If a deed is altered, after execution, in a point material by one party without the privity of the other, it thereby (g ) Went v. Fritch, 3 Ex. 216 ; 18 L. J., Ex. 60. See judgment of Cockbarn, C. J., in Morton v. Woodi, 37 L. J., Q. B., at p. 247 ; L. R., 3 Q. B., at p. 667. See 8. C., 38 L. J., Q. B. 81 ; L. R., 4 Q. B. 293. (r) Ante, p. 9. () Toler v. Slater, 37 L. J., Q. B. 33 ; L. R, 3 Q. B. 42. (*) Horn v. Greek, 3 H. & C. 391 ; 34 L. J., Ex. 4, 6. (M) Doe v. Hoiighton, 1 Man. & Ry. 208; Woodfall, L. & T. 134. LEASES. 105 becomes void (a:). But an alteration made before execution by the lessor and lessee does not aflect the validity of the deed, although it has been previously executed by other persons parties thereto (y). A memorial of a lease by deed of lands situate in Registration. the counties of Middlesex, or York, or in the town of St 5;l 8 vI,AjI ie ' c. 20 (Middle- Kingston-upon-Hull, should be entered on the re- sex) ; 2 & 3 spective registers provided for the purpose ; unless the 5 Anne, c. '18 lease is at a rack-rent, or does not exceed twenty-one g Annexe * 35' ' years where the possession and occupation go along (East Riding with the lease, i. e. where the lessee is also the occupier 8 Geo. 2, c. 6 of the premises (z}. Riding). Copyholds are excepted from the Registry Acts, but it has been thought to be advisable to register such leases of copyhold estates as would require registration if the estate were freehold (a). No lease of lands within the Bedford Level, except Stat. 15 Car. 2, leases for seven years or under in possession, shall be of force but from the time it shall be entered with the registrar. During the continuance of the demise, the inden- Custody of ture of lease belongs to the lessee, and the counterpart to the lessor (i). The lessee is entitled to possession of the instrument of lease after his interest in the de- mised premises has expired or been determined by for- feiture (c). Where a lease is in the hands of the tenant, (x) Pigot's Case, 11 Co. R. 26 a, 87, note (?). 27. (b) See judgment in I lull Y. (y) Hall v. Chandless, 4 Bing. Sail, 10 L. J., C. P. at p. 287. 123. (c) Hall v. Sail, 3 M. & Gr. (z) Dart's V.& P. 457 (4th ed.)- 242; 10 L. J., C. P. 285; El- (a) Sug.V.&P.732(14thed.); worthy v. Sandford, 3 H. & C. Rigge on Registration of Deeds, 330 ; 34 L. J., Ex. 42. 106 I 1 1 K CONTRACT OF TENANCY. and no counterpart can be found, it seems that the landlord is entitled to inspect and take a copy of the lease (rf). It is a common application at chambers, on the part of lessors, for a copy of the lease in the posses- sion of the lessee, and the order is frequently made, on the ground that the lessee is a trustee for the lessor (e). If a lessee against whom an action of ejectment for a forfeiture is brought has no duplicate or copy of the lease, he may, independently of stat. 14 & 15 Viet, c. 99, s. 6, obtain from a judge an order to inspect and take a copy of the lease (/). Costs of pro- The usual course is for the lessor's attorney to prepare the lease, and for the lessee to pay the costs (^). If the lease is prepared by the attorney of the lessor, who is not employed by the lessee for that purpose, the lessor is the person liable, in the first instance, to pay the attorney, but the lessor can recover the amount from the lessee whether the lessee takes up the lease or re- fuses to do so (A). The lessor must bear the expense of the counterpart unless the lessee has expressly agreed to pay for it (i). Generally, however, the lessee agrees to pay all the costs of both lease and counterpart (k). Entry of At common law no lease for years, whether with or without any reservation of rent, is looked upon as com- (rf) Doe v. Slight, 1 Dowl. (g) Qrissell Y. Robinson, 3 163. See Woodcock Y. Worth- Scott, 329 ; 3 Bing. N. C. 10. inffton, 2 Y. & J. 4; Portmore v. (A) Baker v. Meryrceather, 2 Goring, 4 Bing. 162. C. & K. 737 ; Gri-tsell \. liobin- () Per Martin, B., 34 L. J., son, 3 Bing. N. C. 10. Ex. 44. (i) Jennings v. Major, 8 C. & (/) Doe Y. Roe, 1 E. & B. 279 ; P. 61. 22 L. J., Q. B. 102. (It) Woodfall, L. & T. p. 144. LEASES. 1 07 plete till actual entry has been made by the lessee (/). A lease in the usual form, not operating under the Statute of Uses, does not of itself vest any estate in the lessee, but only gives him a right of entry on the tenement, called his interest in the term, or interesse termini (m). The right upon a lease to commence immediately is Natnre of (except under the Statute of Uses) until entry an in- teresse termini only, and so is the right upon a lease to commence at a future time ; and the same rules are applicable to both. Each is a right only, not an estate. The whole estate, notwithstanding such right, is in the lessor. In neither case will a conveyance by the lessee to the lessor operate as a surrender, nor will a release from the lessor to the lessee operate by way of enlarging the estate. The right may be granted away as a right or extinguished by a release ; but it cannot be conveyed as an estate ; it has all the properties and consequences of a right only, and not of an estate (n). At any time during the term, even after the death of the lessor, the lessee or his assignee, or personal repre- sentatives, may perfect the lease by entry, or some act equivalent thereto (0). Until this has been done, neither the lessee nor his assignee can maintain an action of trespass in respect of the demised premises (/?) ; but he (0- Bac. Abr. (M.) p. 183. Stepliens, 1 B. & A., at p. 607. (m) 2 Black. Com. 144; Co. O) Bac. Abr. (M.), p. 183; Lit. 46 b. See judgment in Cope- Turner v. Cameron's, $c. Co., 5 land v. Step/tens, 1 B. & A., at Ex. 932 ; 20 L. J., Ex. 71 ; p. 605. \\lieeler v. Montefiore, 2 Q. B. (n) Judgment in Doe v. Wai- 133; 11 L. J., Q. B. 34. See ker, 5 B. & C., at p. 118. Sec Harrison v. Blackburn, 17 C. B., ,sv/ //;//'* Cage, 5 Co. R., at p. 124. N. S. 678 ; 34 L. J., C. P. 109. (o) Co. Lit. 46 b ; Copcland v. 108 THE CONTRACT OF TENANCY. may bring an action of ejectment (y). An action for use and occupation cannot be maintained against him until he has entered (r). (j) Doe v. Day, 2 Q. B. 147, (r) Edge v. Strafford, 1 Cr. & 156; 12 L. J., Q. B. 86, 88. See J. 391 ; Lone v. Ron, 5 Ex. 653; observations of Byles, J., in /far- 19 L. J., Ex. 318; Tomne T. riton T. Blackburn, 34 L. J., C. VHeinriche, 13 C. B. 892 ; 22 L. P., at p. 113. ,T.,C. P. 219. ( 109 CHAP. IV. TERMS OF TENANCY. SECT. I. KENT ( 1 ) What may be reserved as rent (2) Payments which are not rent (.3) When rent is payable (4) Where payable . . (5) To whom payable . . (6) Amount payable . . (7) Apportionment (8) Payment and remittance (9) Effect of payment (10) Remedies for recovery of rent REPAIRS II. III. IV. V. VI. vn. VIII. IX. x. XI. XII. XIII. XIV. WASTE MODE OP USING PREMISES CULTIVATION FENCES TREES INSURANCE TAXES QUIET ENJOYMENT UNDERLEASES . . . . ASSIGNMENTS LIVE STOCK GAME PACK 109 109 110 112 115 116 117 126 128 129 130 189 198 200 207 214 217 220 223 229 235 239 258 259 SECT. I. Rent. (1) What may be reserved as Rent. IT is not essential that rent should consist of the pay- Need not be ment of money. The delivery of hens, horses, wheat, " &c., may constitute a rent (a), and so also may the (a) Co. Lit. 142 a. 110 TERMS OF TENANCY. performance of personal services, such as shearing sheep (i), carrying coals (e), or cleaning a church (rf). Must not be Parcel of the annual profits of the premises de- premLcs?" 1 mised, as, for instance, the herbage of land, cannot be reserved as rent (e). A royalty payable to the owner of a brickfield upon the bricks made, is, however, a rent, although the land is in course of being wholly con- sumed (jf ). (2) Payments which are not Rent. The following payments are not, properly speaking, rent, and, though recoverable by action, cannot be dis- trained for, unless an express power to distrain is con- tained in the lease : 1. Sums re- Payments reserved by way of rent on a lease of of incorporeal an incorporeal hereditament (a). But rent may be ditaments. reserve( j ou ^ o f reversions and remainders (A), and the sovereign may reserve a rent out of any incorporeal hereditament (A). 2. Sams re- Payments reserved by way of rent on a lease of served on leases ,,,/ \ -r* of chattels. personal chattels (i). But a mixed payment of rent for land and goods will be held to issue out of the land alone (A) ; hence rent for furnished lodgings (/), or for (J) Co. Lit. 96 a. (g) Co. Lit. 47 a; Gardiner v. () ; or of interest due on a mortgage made before the commencement of the tenancy (y), is considered as equivalent to payment of so much rent to (i) See Andrew v. Hancock, 1 (ra) Per Best, C. J., in Carter B. & B. 37 ; Saunderson v. Han- v. Carter^ 5 Bing., at p. 409. ton, 3 C. & P. 314. (o) Per Burrough, J., in Taylor (/fe) Sapsford v. Fletcher, 4 T. T. Zamira, 6 Taunt., at p. 529. R. 511 ; Carter v. Carter, 5 Bing. (p) Taylor v. Zamira, 6 Tannt. 406; Stwrgess v. Harrington, 4 524; Witmore v. Walker, 2 C. Taunt. 614. & K. 615. (Z) Carter v. Carter, 5 Bing. (q) Johnson v. Jones, 9 A. & 406. E. 809, 814 ; Dyer v. Son-ley, 2 (TO) Smith, L. & T. 171. Bing. 94. 122 TERMS OP TENANCY. Construction of express covenants as to amount of rent. the landlord. But in order to operate as a deduction from rent, the money must have been actually paid(r); and it would seem that the payment must have been preceded by a demand, accompanied by a threat, in case of non-payment, to distrain, or to eject, or to "put the law in force" (s). The payment, moreover, must be made either to relieve the tenant of an incumbrance on the land, or to discharge a debt due by the landlord (<). A deduction permitted, for several years, by mistake by the landlord or his agent, the landlord having the means of knowing all the facts, and there being no fraud or misrepresentation on the part of the tenant, will operate as a payment of so much rent, and the landlord cannot afterwards distrain for sums so de- ducted, or recover them by action as arrears of rent (M). COVENANT to pay as rent " one-third part of the money that shall arise, be made, received, or produced from the sale of coals" also to " keep true accounts of all coal daily raised, and de- liver true copies thereof." The rent is to be calculated on the amount of coal sold, not on the amount of money actually received ( x}. COVENANT to deliver Quarterly to the lessor two equal thirteenth parts of all coal raised, or pay him quarterly the value thereof in money ; and that in case at the end of the first quarter of any (r) Ante,pp. 116, 120, note (c). See Ryan v. Thompson, 37 L. J., C. P. 134; L. R, 3 C. P. 144. (*) Whitmore v. Walker, 2 C. & K. 616 ; Taylor v. Zamira, 6 Taunt. 524. But see ante, p. 121. (t) See judgment of Cresswell, J., in Boodle v. Cambell, 13 L. J., C. P., at p. 145 ; 7 M. & Gr. 386 j Graham, v. Allsopp, 3 Ex. 186; 18 L. J., Ex. 85. (M) Bramtton v. Robins, 4 Bing. 11; Waller v. Andremt, 3 M. & W. 312. (a?) Edwards v. Reet, 7 C. & P. 340, 341. RENT. 123 year such quarterly deliveries should not have equalled in value or amount 387. 10s. the lessees should also pay at the end of any such past quarter such additional rent or sum as would make up 381. 10s., with similar provisions for the payment of such further sums as would make up at the end of the second quarter 75L, at the end of the third quarter 111/. 10s., and at the end of the fourth quarter 1507., " it being the intent and meaning of the parties that the royalties reserved shall always amount to 1507. per annum at the least" The rent is to be made up every quarter, and the landlord is not to have less than 1507. a year. If the royalty in any quarter falls short of 387. 10s. it must be made up to that sum ; but, if the royalty in any quarter exceeds that smm, the surplus is not to be given back to the lessees (y}. COVENANT to raise 13,000 tons of coal in each year and pay 8d. per ton royalty for the same, or to pay that amount of money, viz. 4337. 6s. 8d., each year as a fixed rent, whether the coals are wrought or not. The covenant does not carry with it, by implication, a condition that there shall be coals to the amount mentioned in it capable of being wrought; and the whole rent claimed is payable, although the mine is so ex- hausted that the lessee cannot raise 13,000 tons of coal in a year(z). COVENANT by lessee of a coal mine to pay one-half of (y) Bishop v. Goodwin, 14 M. & W. 487 ; 14 L. J., Ex. 95. & W. 260, 263, 264 ; 14 L. J., Ex. See Jervit Y. Tomkinton, 1 H. & 290. N. 195 ; 26 L. J., Ex. 41 ; Ridg- (z) Bute v. Thompson, 13 M. way y. Sneyd, 1 Kay, 627. 124 TERMS OF TENANCY. all such sums of money as the cannel to be got should sell for at the pifs mouth over and above 4d. the basket. The lessee is not liable to pay to the lessor any part of the money produced by the sale of coals elsewhere than at the pit's mouth (a). AGREEMENT that lessee shall spend a specified sum in repairs, to be inspected and approved of by the lessor, and to be done in a substantial man- ner ; the lessee to be allowed to retain the sum out of the first year's rent of the premises. The lessor's approval is not a condition precedent to the lessee's retaining the rent (b}. Premises de- If the demised premises are destroyed or rendered & c y 7 ' uninhabitable by fire, the full rent will nevertheless, in the absence of an express stipulation to the contrary, continue to be payable throughout the term granted by the lease (c), although the landlord has received in- surance money which he refuses to apply in rebuild- ing (rf). The Court of Chancery will not, under these circumstances, grant an injunction to restrain the land- lord from suing for the rent (e). Where an agreement for a lease, under the terms of which a person has become tenant from year to year, provides that the lease shall contain covenants on the part of the tenant to pay (a) Qerrard v. Clifton, 7 T. Hare v. Groves, 3 Anstr. 687. R. 676 ; 1 B. & P. 624; Clifton See Packer \. Gibbins, 1 Q. B. v. Walmetley, 5 T. R. 564. 421. (ft) Dallman v. King, 4 Bing. (rf) Leeds v. Cheetham, 1 Sim. N. C. 105. 146 ; Lofft v. Dennis, 1 E. & E. (c) Baker v. Holtpzaffel, 4 474 ; 28 L. J., Q. B. 168. Taunt. 45; Izon T. Gorton, 5 (f) Holtzapffel v. Baker, 18 Bing. N. C. 501; 7 Scott, 537; Ves. 115; Leeds T. Cheetham, 1 Monk v. Cooper, 2 Stra. 763 ; Sim. 146. Bel/our v. Wetton, 1 T. R. 310 ; RENT. 1 25 rent, damage by fire excepted, and tliat until the lease shall be granted the lessor may distrain for all or any part of the rent agreed to be paid, the effect of the de- struction by fire of any part of the premises will be to entitle the tenant to a deduction from the rent according to the proportion which the annual value of the destroyed part bears to the annual value of the whole ; taking the whole to be the premises as originally demised, not as improved by subsequent additions made by the te- nant^). On the same principle the tenant of a building is liable to pay rent after it has been carried away by a flood ( s 3 (z) WhitUy v. Ro berts, M'Clel. (c) Yeoman v. Ellison, 36 L. & Y. 107. J., C. P. 326; L. R., 2 C. P. 681. (a) Bullen on Distress, 48; (rf) Per Buller, J., in Gorton Woodfall, L. & T. 384. v. Falkner, 4 T. R., at p. 568. (b) Per Alderson, B., in Eagle- See Muspratt v. Gregory, 1 M. & ton v. Gutteridge, 12 L. J., Ex., W. 633 ; 3 M. & W. 677 ; Cramer at p. 361. SeeGladman v.Plumer, v. Mott, 39 L. J., Q. B. 172; L. 15 L. J., Q. B. 79. R., 5 Q. B. 357. 138 TEHMS OF TENANCY. Sheaves .,f sheaves or cocks of corn, or corn loose, or in the straw, mav ho di (whether threshed or not (e) ), or hay lying or being in any barn or granary, or upon any hovel, stack or rick, or otherwise upon any part of the land or ground cliarged with such rent Stat. 11 Geo. 2, It shall be lawful for every landlord, or his steward, bailiff, receiver or other person empowered by him, to seize as a distress for arrears of rent any cattle or stock of their respective tenant, feeding or depasturing upon any common, appendant or appurtenant, or any ways belonging to all or any part of the premises demised or Growing crops holden ; and also to seize all sorts of corn and grass, trained ' hops, roots, fruits, pulse or other product whatsoever (of a similar nature (ff}} growing on any part of the estates demised, as a distress for arrears of rent. Property ab- The following kinds of property are not liable to tolntely privi- -, . legedfrom distress: dutnu. "Things annexed to the freehold" (k) ; including 1. Fixtures. tenant s fixtures, such as kitchen ranges, stoves, coppers, grates, &c. (t); also trees growing in a nurseryman's grounds (A). The temporary removal of fixtures out of their proper place, for repairs, does not deprive them of this privi- lege^). But machinery used for manufacture, which is merely fixed to the freehold for the purpose of render- ing it steadier and more capable of convenient use, as, (P) Belasyse v. Burbridge, 569 ; Co. Lit 47 b. Lntw. 66. (i) Darby v. Harris, 1 Q. B. (/) See post, p. 159. 895; 10 L. J., Q. B. 294. See (3) Clark v.Gaskarth, 8 Taunt, post, Chap. VL (1). 431 ; Clark v. Calrert, 3 Moo. 96. (t) Clark v. Gaskarth, 8 Taunt. (h) Simpson,\.Hartopp,Vf\\\e, 431 ; Clark v. Culvert, 3 Moo. 96. 512 ; 1 Smith, L. C. 385 (6th ed.); (I) See judgment in Gorton \. Gorton v. Falkner, 4 T. R., at p. Falkner, 4 T. R., at p. 567. RENT. 139 for instance, machines fastened by bolts to the floor of a factory may be distrained for rent (m). In determin- ing whether the thing distrained is a personal chattel or a fixture, it is important to consider the mode and degree of annexation to the soil or fabric ; that is, whether it can easily be removed integre, salve, et com- mode, without injury to itself or to the fabric of the building ; and in the next place, whether it was for the permanent and substantial improvement of the freehold, or merely for a temporary purpose, and the more com- plete enjoyment and use of it as a chattel (n). Railways formed by rails, fixed to wooden sleepers embedded in ballast, cannot be distrained (o). Title deeds (p) and keys (p). 2. Title-deeds, " Things delivered to a person exercising a public _ r . e 3. Goods sent trade to be managed in the way of his trade" () See Ilcllatrell v. Eattmood, B. 891 ; 14 L. J., Q. B. 183. 6 Ex., at pp. 306, 311. (y) Adams v. Grane, 1 Cr. & (/>p,Wil\cs, M. 380; Itrorrn v. Arundell, 10 512. See judgment of Erie, C. J., C. B. 54; 20 L. J., C. P. 30; in ftoirev. Leach, 34 L. J., C. P., Williams v. Holmes, 8 Ex. 861 ; at p. 151; Gubourn v. Hurst, 1 22 L. J., Ex. 283. 140 TERMS OF TENANCY. or placed for safe custody in the warehouse of a wharf- inger (z) ; or pledged with a pawnbroker (a) ; also the goods of guests brought into an inn (i), and goods delivered to a carrier to be conveyed by him to some place (e). But goods placed in the hands of the tenant, merely with the intent that they shall remain on the premises, are not privileged from distress (d ). Hence, brewers' casks sent to a public-house, and left with the publican till they are empty, may be distrained by the owner of the public-house (e) ; a boat left in the care of the tenant of saltworks, may be distrained by the owner of the salt works (y) ; and carriages and horses standing at livery may be distrained by the landlord for rent due by the livery stable-keeper (g). It has re- cently been held, that wine sent to the warehouse of a wine-warehouseman to be matured, is liable to be dis- trained for rent due to the landlord of the premises where it is deposited (A). 4. Wild ani- Animals ferce natura (z). But deer in an inclosed ground may be distrained (A). 5. Goods in Things in actual use : as, for instance, a horse, while it is drawing a cart(Z) or being ridden (m); tools, (z) Thompson v. Mashiter, 1 (/) Muspratt v. Gregory, 1 Bing. 283. M. & W. 633 ; 3 M. & W. 677. (a) Sieire v. Leach, 18 C. B., (g) Francis v. Wyatt, 1 W. N. S. 479; 34 L. J., C. P. 150; Bl. 483; 3 Burr. 1498; Parsons 13 W. R 385. T. Gingell, 4 C. B. 545 ; 16 L. J., (J) Crotier v. Tomkinton, 2 C. P. 227. Ld. Ken. 439. See Fonkes v. (A) Ex parte Russell, 18 W. Joyce, 3 Lev. 260 ; 2 Vern. 129. R. 753. (c) Gitbourn v. Hurst, 1 Salk. (i) Co. Lit. 47 a. 249. (A) See Da cies v. Powell, Willes, ( OF TKXANCV. Stat. 56 Geo. 3, c. 50, s. G. Landlord not to distrain on produce so sold. 9. Frames, materials, &c. entrusted to workmen. Stat. 6 & 7 Viet. c. 40, s. 18. Not to be dis- trained except for rent due by owner. Sect. 19. Remedy of owner of frame, &c. shall not be lawful for the owner or landlord of such lands to distrain for any rent on any corn, hay, straw or other produce thereof, which, at the time of such sale and the execution of such agreement, entered into under the provisions of this act, shall have been severed from the soil and sold, subject to such agreement, by such sheriff or other officer ; nor on any turnips, whether drawn or growing (<), if sold according to the provisions of this act; nor on any horses, sheep or other cattle, nor on any beast whatsoever, nor on any waggons, carts or other implements of husbandry, which any person shall employ, keep or use on such lands, for the purpose of threshing out, carrying or consuming any such corn, hay, straw, turnips or other produce, under the pro- visions of the act, and the agreement or agreements directed to be entered into between the sheriff or other officer and the purchaser of such crops and produce. No frame, loom or machine, materials, tools or ap- paratus entrusted for the purpose of being used or worked in any of the said manufactures (the woollen, worsted, linen, cotton, flax, mohair or silk manufactures (ss. 1, 2) ), or any work connected therewith, or any parts or processes thereof, whether such frame, &c. shall or shall not be rented or taken by the hire, shall be dis- trained for rent, unless the rent be due by the owner of the said frame, &c., or of any part thereof. If any landlord shall distrain any frame, &c., belong- ing to any other person which shall have been entrusted for the purpose of being used in any of the said manu- factures, and shall refuse to restore possession of all such frames, &c., to the person entrusting the same, when demanded by him (any two or more justices of the peace may order the property to be forthwith restored). (t) See now stat. 14 & 15 Viet. c. 25, 8. 2, last page. RENT. 143 The goods or chattels of an ambassador (w). 10. Goods of Where any company is being wound up by the Court, * or subject to the supervision of the Court, any distress company being put in force against the estate or effects of the company * after the commencement of the winding-up (z. e., after Viet. c. 89, the presentation of the petition for the winding-up D . ' . (s. 84) ) shall be void. commencement . . , ., . . . / f winding-up It seems that this prohibition against enforcing a to be void. distress does not apply where premises are demised to persons who afterwards declare themselves trustees for a company (x}. With the leave of the Court, however, a distress may be proceeded with, subject to such terms as the Court may impose (y). But it appears that in all cases in which the Court has allowed execution to pro- ceed it had issued before the winding-up order was made (z). The following kinds of property cannot be distrained Property con- if there are sufficient goods of other kinds on the pre- ' mises to satisfy the distress. Implements of trade not in actual use (a). 1. Implements No man shall be distrained by his beasts that gain c , his land (cart-colts and young steers, not broken in or sheep. used for harness or the plough, are not within these ^^'4 words (i) ), nor by his sheep (or the sheep of his under- (u) See stat. 7 Anne, c. 12, London Cotton Co., 35 L. J., Ch. B.3. 425; L. R., 2 Eq. 63; In re (x) In re Exhall Coal Mining Boston $ Co., 36 L. J., Ch. 899 ; Cot Limited, 33 L. J., Ch. 595. L. R., 4 Eq. 618. (y) Sect. 87. See 33 L. J., Ch. (a) Gorton v. Falkner, 4 T. R., 596, note ; 35 L. J., Ch. 425. 565 ; Fenton v. Logan, 9 Bing. (z) Judgment of Lord Romilly, 676 ; Nargett v. 2flat, 1 E. & E. M. R., in In re Progress Assiir- 439 ; 28 L. J., Q. B. 143. ance Co., 39 L. J., Ch. 504; L. R., (ft) Keen v. Priest, 4 H. & N. 9 Eq. 372. See In re Great Shij> 236. Co., 33 L. J., Ch. 245; In re 144 TERMS OF TENANCY. cient distress on premises. Not to be dis- tenant (ft) ), for the king's debt, nor the debt of any other bother inf- man, nor for any other cause, by the king's, or other bailiffs, but until they can find another distress, or chattels sufficient whereof they may levy the debt, or that are sufficient for the demand (c). Cattle, &c. may be distrained if there is no other sufficient distress upon the demised premises besides growing crops (d). Cattle at agistment are liable to a distress (e). Where a stranger's cattle escape into another's land by breaking fences in which there is no defect ; or by breaking defective fences, if the tenant of the land where the distress is taken is not bound to repair such fences, the cattle may be immediately dis- trained for rent(y). But if the beasts come on the premises through defect of fences, which the tenant of the land on which they stray is bound to repair, they cannot be distrained by the landlord for rent, unless the owner of the cattle, after notice that they are in the land, neglects or refuses to drive them away (f). 2. Where Distress must be made. General rale. Generally speaking, a thing cannot be distrained for rent-arrear except on the premises demised ()), who are hereby required to aid and assist therein; and, in case of a dwelling-house, oath being also first made before some justice of the peace of a reasonable ground to suspect that such goods or chattels are therein, in the daytime (without any previous re- () See also stat 8 Anne, c. 14, Ex. C18 ; 22 L. J., Ex. 61. 8. 2. (2>) CartrvrigTit v. Smith, 1 (0) See Williams v. Roberts, 7 Moo. & Bob. 284. RENT. 147 quest (q) ), to break open and enter into such house, barn, stable, outhouse, yard, close and place, and to seize such goods and chattels for the said arrears of rent, as he might have done by virtue of this or any former act if such goods and chattels had been put in any open field or place. If any tenant shall fraudulently remove and convey Sect. 3. away (or, without actual participation, shall be privy to Penalty on the removal of (r) ) his goods or chattels as aforesaid, son assisting in or if any person shall wilfully and knowingly (being rem0 val of privy to the fraudulent intent (s) ) aid or assist any such 6 od3> tenant in such fraudulent conveying away or carrying off of any part of his goods or chattels, or in conceal- ing the same (although no distress may be in progress or contemplated at the time (t) ), every person so offend- ing shall forfeit to the landlord double the value of the goods by him carried off or concealed as aforesaid ; to be recovered by action of debt, or (as an alternative remedy (u ) ), where the goods and chattels so fraudu- Sect. 4. lently carried off or concealed shall not exceed the value of fifty pounds, the landlord, his bailiff, servant or agent in his behalf (may) exhibit a complaint in writing against such offender before two or more justices of the peace of the same county, riding or division of such county, residing near the place whence such goods and chattels were removed, or near the place where the same were found, not being interested in the lands or tenements whence such goods were removed, (who, after examining the parties concerned upon oath,) may, by order under v. Roberts, 7 Ex. (t) Stanley v. Wharton, 10 618; 22 L. J., Ex. Gl. Trice, 138. ( /) Lyster v. Brown, 1 C. & (u) Bromley v. Holden, M. & P. 121. M. 175 ; Horsefall v. Davy, 1 (*) Brooke v. Noafat, 8 B. & C. Stark. 169. 537, 542. L2 148 TERMS OP TENANCY. Requisites to ]>r tenant. There is nothing in this statute confining its opera- tion to a wrongful holding over, or to a holding of the whole of the demised premises (A). Hence, where a (c) Bach v. Meats, 5 M. & S. ante, pp. 114, 132. 200, 204, 206. (/) See Copland v. Maynard, (d) Watson v. Main, 3 Esp. 12 East, 134; Taylersom. Peters, 15; Furneaux v. Fothcrby and 7 A. & E. 110. Clarke, 4 Camp. 136 ; Rand v. (g) Turner v. Barnes, 2 B. & \\iiiijhan, 1 Bing. N. C. 767. S. 435; 31 L. J., Q. B. 170. (e) Dibble v. Bomater, 2 E. & (A) Judgment in Nuttall v. B. 564; 22 L. J., Q. B. 396. Sec Staunton, 4 B. & C., ftt p. :.i:. 150 TEKMS OP TENANCY. Stat. 3 & 4 Will. 4, c. 27, 8.2. Distress for rent-charge to be made within twenty years after right to distrain ac- Time at which distress must be made. Postponement tenant, by permission of the landlord, remains in pos- session of part of a farm after the expiration of his tenancy, the landlord may distrain on that part within six months after the expiration of the tenancy (z). The statute, however, does not apply where the interest under the lease is undetermined. A custom of the country under which the tenant is entitled to leave his awaygoing crops in the barns, or to use the barns to thrash his corn and fodder his cattle, for a certain time after the expiration of the lease, operates as a prolongation of the term, and during such prolongation the landlord may distrain independently of the statute (J). No person shall make a distress to recover any rent (charge (k) ), but within twenty years next after the time at which the right to make such distress shall have first accrued to some person through whom he claims ; or if such right shall not have* accrued to any person through whom he claims, then within twenty years next after the time at which the right to make such distress shall have first accrued to the person making the same (i. e., twenty years from the last payment of rent (/) ). A distress must be made in the daytime (m). If made before sunrise, or after sunset, it will be illegal, although at the time there may be ample daylight (n). Persons who distrain ought not, however, to go so near these limits as to raise any doubt on the subject (o). A landlord may expressly agree not to distrain for (i) Nuttall v. Staunton, 4 B. & C. 51. (.;') Beavan T. Delahay, 1 H. Bl. 5, see note (a), p. 7 ; Boratton v. Green, 16 East, at p. 81 ; Knight v. Benctt, 3 Bing. 304, 366. See post, Chap. VI., Sect. 2 (2). (A) See Grant v. Ellis,!) M. & W. 113. (Z) Sect. 3; Omen v. De Beau- voir, 16 M. & W. 547 ; 5 Ex. 166. (0 See ante, p. 132, as to the day on which it mnst be made. () Aldenburgh v. Pcaple, 6 C. & P. 212 ; Tutton \. Darke, 5 II. & N. 647 ; 29 L. J., Ex. 271. (o) Per Martin, B., 5 II. & N., at p. 655. BENT. 151 a certain time ( p}. Where there is no express con- of right to dis- tract, such an agreement may sometimes be implied ; thus, on proof that the landlord of a farm permitted a sale by the tenant of the eatage of a pasture for a specified period, on condition that the amount produced by such sale was to be paid to the landlord, a contract may be inferred on his part not to distrain the cattle of the purchaser (y). 4. Amount for which Distress may be made. No arrears of rent, or any damages in respect of such Stat. 3 & 4 arrears of rent, shall be recovered by any distress, ac- 8 ^ tion or suit, but within six years next after the same Six years' ar- respectively shall have become due, or next after an on ] y reC oYer- acknowledgment of the same in writing shall have l^ bydis ~ been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent. So long as the relation of landlord and tenant sub- sists, the right of the landlord to rent is not barred by non-payment, but under the above statute the amount recoverable is limited to six years' arrears (r). The common law does not cast any obligation on the person distraining to inform the tenant what is the amount of arrears for which the distress is made (*). The person distraining is entitled to a tender of the amount really due, and upon his refusal to accept that sum, the tenant's course is to replevy the goods (). Hence no action can be maintained for distraining Distress for f ,, . -, , ., . 11 T , more rent than for more rent than is due, even when it is alleged to & due> 0?) Giles v. Spencer, 3 C. B , C. 3GO. N. S. 244; 26 L. J., C. P. 237. (*) Judgment in Tancred v. Sec Wehh v. Rose, G Bing. G38. Leyland, 1C Q. B., at p. 680. See (//) Hartford v. Webster, 1 Cr. also 11 Ex. 879. M. & K. GOG. () Olynn v. Thomas, 11 Ex. (r) Archbold v. Scully, 9 II. L. 870 ; 25 L. J., Ex. 125. 152 TEU.MS OF TENANCY. Distress after bankruptcy. have been done maliciously (u}, unless it appears that the goods seized and sold were of greater value than was necessary to satisfy the arrears of rent actually due (x\ A distress for rent levied after the commencement of the bankruptcy of the tenant is available only for one year's rent accrued due prior to the date of the order of adjudication (y). Warrant of distress. 5. Mode of making Distress. The landlord may, of course , distrain in person ; but the more prudent course is to employ an experienced bailiff, who should be authorized by a warrant of dis- tress signed by the landlord (z). The indemnity to Implied indem- the bailiff, implied from the warrant of distress, ex- tends only to acts properly done by him in the exer- cise of his authority (a). The duty of using proper care and diligence in ascertaining that the distress may be safely made is cast upon the bailiff in cases of ordinary distresses for rent, unless the landlord by his conduct has dispensed with it (b). The land- () Stevenson Y. Nerenham, 13 C. B. 285; 22 L. J., C. P. 110. (a?) Wilkinson v. Terry, 1 Moo. & Rob. 377 ; Tancred v. Leyland, 16 Q. B. 669; 20 L. J., Q B. 316; Glynn v. TJiomas, 1 1 Ex. 870 ; 25 L. J., Ex. 125 ; French T. Phillips, 1 H. & N. 564 ; 26 L. J., Ex. 82. (y) Stat. 32 & 33 Viet. c. 71, 8. 34. See post, p. 186. (c) Form of Warrant. To Mr. A. B., my bailiff. Distrain such of the goods and chattels as may lawfully be dis- trained for rent in and upon the honse [or farm] and premises oc- cupied by C. D., situate at , in the parish of , in the county of , for , being the amount of [one half-year's] rent due to me in respect of the same, on the day of last, and proceed thereon for the recovery of the said rent as the law directs. E. F. Dated the day of , 18 . An authority to distrain does not require a stamp. Pyle T. Partridge, 15 M. & W. 20; 15 L. J., Ex. 129. () See Bullen & Leake's Pleadings, 152, n. (a) (2nd ed.). (*) Judgment in Toplig v. Crane, 5 Bing. N. C., at p. 651. RENT. 153 lord may recover from the bailiff damage occasioned by liis negligence or misconduct (c). An express in- Express in- demnity is frequently appended to the distress-warrant, bailiff. After an authority to a bailiff to distrain the goods of the tenant, an indemnity against all costs and charges that he may be at on that account, applies only to cases where the distress is illegal on the ground that the land- lord has no right to put in a distress (<). An indem- nity against all costs in respect to any law expenses, actions that may arise, and all charges or expenses on that account, extends to the costs of defending an action wrongfully brought against the bailiff by the tenant (e). The landlord is responsible to the tenant for irre- Landlord's gularities committed by the bailiff in carrying out tenant '^for acts his instructions ; such, for instance, as selling the of goods without notice of distress, or without appraise- ment (y). But the landlord is not liable for the wrongful act of his bailiff in seizing what his war- rant does not authorize him to seize, unless the land- lord ratifies the bailiff's act, with knowledge of the wrongful seizure (^), or chooses, without inquiry, to take the risk upon himself and to adopt the bailiff's acts (A). It is desirable, though not essential, that the arrears Demand of of rent should be formally demanded from the tenant ren ' before the distress is made. If the rent due, without any additional sum for expenses, is unconditionally (c) 2 Ch. PI. 503 (7th ed.); (g) See Moore v. Drinkwater, Woodfall, L. & T. 413. 1 F. & F. 134. (d) Draper v. Thompson, 4 C. (A) Lewis v. Read, 13 M. & & P. 84, 86. W. 834 ; 14 L. J., Ex. 295 ; (<) See Ibbett v. De La Salle, M-eeman v. llosher, 13 Q. B. G II. & N. 233 ; 30 L. J., Ex. 44. 780 ; 18 L. J., Q. B. 340 ; llatr- (/) Ifascler v. Lrmnyne, 5 C. ler v. Lemoynt, 5 C. B., N. S. B., N. S. 530; 28 L. J., C. P. 103. 530; 28 L. J., C. P. 103. But See post, p. 180, as to other irre- see Gauntlett v. King, 3 C. B., gularities. N. S. 59. 154 TERMS OF TENANCY. Effect of tendered to the landlord, or his agent or bailiff autho- tcndcr before ., / , \ i / it i A seizure. nzed to receive it (A), before seizure made, though after the wan-ant has been delivered to the bailiff, it is illegal to proceed with the distress (/). A sufficient tender before the distress renders the whole proceeding illegal: a sufficient tender after distress, but before the goods are impounded, renders the subsequent detainer illegal (m). Entry. In going to distrain, it is doubtful whether the land- lord may lawfully gain access to the tenant's house by climbing over a fence (n). If the door of the house is shut, the landlord has authority by law to open it in the ordinary way in which other persons can do it, when it is left so as to be accessible to all who have occasion to go into the premises (o) ; as, for instance, by lifting a latch or pulling out a staple which serves to keep the door closed (o). It has been said that entry may be lawfully made through an open window(/?); but it is illegal to open a window for the purpose of entering, whether such window is fastened with a hasp (7) or shut and not fastened (r). If the outer door is open, the person distraining may break open an inner door (K) Hatch v.HafyloQ.'B. 10; (0) Ryan T. Shilcock, 7 Ex. 72, 19 L. J., Q. B. 289. 76 ; 21 L. J., Ex. 55. See the (f) Bennett T. Sayes, 5 H. & observations of Cockburn, C. J., N. 391 ; 29 L. J., Ex. 224. See on the doctrine laid down in this Branscomb v. Bridget, 1 B. & case, in L. R., 2 Q. B. 694. See C. 145; Holland v. Bird, 10 also Curtis v. Hitbbard, 1 Hill's Bing. 15. Rep. (New York) 336. (TO) See judgment in Holland T. (p) Per Pollock, C. B., in Nixon Bird, 10 Bing., at p. 18. As to v. Freeman, 5 H. & N., at p. 652; the effect of a tender after the 29 L. J., Ex. 271. See Gould v. goods are impounded, see post, Bradstoclt, 4 Taunt. 562. p. 166. (?) Hancock v. Amtin, 14 C. () Scott v. Bttckley, 16 L. T., B., N. S. 634, 639; 32 L. J., C. N. S. 573. But see Eldridge T. P. 252. Stacey, 15 C. B., N. S. 458 ; 12 (r) Na*h v. Lucas, L. R., 2 Q. W. R. 51 ; 9 L. T., N. S. 291. B. 590. RENT. 155 or lock (5). But the outer door(<) or window (u) of the tenant's house or stable (x) must not be forcibly broken open, or the landlord who has entered to dis- train, and has sold the goods distrained, will be liable to an action of trespass, in which the tenant may re- cover the full value of such goods, although the pro- ceeds of the sale have been applied in satisfaction of the rent (y). If, however, a lawful entry has once been effected, When enter but the person distraining is forcibly turned out of broken^pen. possession (z), or kept out of possession (a), there being no evidence of an abandonment of the goods (b\ he is justified in breaking open the outer door in order to regain possession. But when a person has merely got his foot and arm between the door and the lintel, or by putting a pair of shears between the door and the lintel, has prevented the door from being closed, he has not such a possession as will entitle him to break open a door or window in order to gain admission to the house (c). It seems that after the person distrain- ing has lawfully entered, he may break open the outer door in order to remove the goods distrained (rf). It would appear that an actual entry upon the de- Constructive mised premises by the person distraining is not in all entry ' (*) Browning Y. Dann, Bull. (y) Attack v. Brammell, 3 B. N.P.81; 2Wms.Saund. 284, note. & S. 520; 32 L. J., Q. B. 146. () See Semayne's Case, 5 Co. (z) Eagleton v. Qutteridge, 11 E. 91 ; 1 Sm. L. C. 88 (6th ed.). M. & W. 465, 469 ; 12 L. J., Ex., (w) Attack v. Srammell, 3 B. at p. 361 ; Eldrldge v. Stacey, 15 & S. 520; 32 L. J., Q. B. 146. C. B., N. S. 458. Sec Ilancock v. Austin, 14 C. B., (a) Bannister v. Hyde, 2 E. & N. S. 634 ; 32 L. J., C. T. 2.VJ. E. 627 ; 29 L. J., Q. B. 141. (ar) liroivn v. Glenn, 16 Q. B. (&) Sec post, p. K,:;. LT.I ; 20 L. J., Q. B. 205. As to (c) BoyA v. Profn-.r, 16 T* T., tin- exception in the case of goods N. S. 1:51 . which have been fraudulently re- (W) Pugli v. (I'rijh'th, 7 A. & moved, see ante, p. 146. E. 827. 156 TEHMS OF TENANCY. Seizure. Requisites to seizure. 1. Must not be excessive. cases necessary. Where the article seized is just inside the door, the tenant at the door, and the agent of the landlord in such a position as to be able in one moment to put her foot into the room, it will be taken that she is constructively in the room (e). Entry having been made, the next step is to seize the goods. For this purpose, any distinct expression of an intention to distrain will suffice (/). It is not necessary that an actual formal seizure should be made ; it is enough if the landlord takes sufficient means to prevent the articles on the premises from being taken away (e). A refusal by the landlord to allow the goods of the tenant to be taken away until the rent is paid, may amount to a seizure (^). A seizure of some goods as a distress, in the name of all the goods in the house, will operate as a valid seizure of all the goods in the house (A). In making the seizure the following points should be observed: That the goods distrained do not greatly exceed in saleable value (z) the amount of the arrears of rent and costs of the distress. When a landlord is about to make a distress he is not bound to calculate very nicely the value of the property seized ; but he must take care that some proportion is kept between that and the sum for which he is entitled to take it (A). (e) See judgment of Cockburn, C. J., in Cramer v. Mott, 39 L. J., Q. B., at p. 173. (/) Bnllen on Distress, 131. See Stvann v. Falmouth, 8 B. & C. 456 ; Hutchitu v. Scott, 2 M. & W. 809 ; Thomat v. Harries, 1 M. & Gr. 695 ; Tennant v. Field, 8 E. & B. 336 ; 27 L. J., Q. B. 33. See Spice v. Webb, 2 Jur. 943. (^) Wood v. Nunn, 5 Bing. 10; 6 L. J., C. P. 198; Cramer v. Mott, 39 L. J., Q. B. 172; L. R., 5 Q. B. 357. (A ) DoA v. Monger, 6 Mod. 21 5. (i) See Well* y. Moody, 7 C. & P. 59. (A) Judgment of Bay ley, J., in Willoughby v. Sackhovte, 2 B. & C., at p. 823. RENT. 157 " Distresses shall be reasonable and not too great, and stat. 52 Hen. 3, he that taketh great and unreasonable distresses shall be ' Distresses to grievously amerced for the excess of such distresses." be reasonable. If goods are seized to an excessive amount, as, for in- stance, if goods worth between 307. and 407. are dis- trained for the rent of ten guineas (I), or goods worth 2607. for the rent of 1217. 15s. 6d. (m), the landlord will be liable to an action for damages ; and the tenant is entitled in such action to recover a verdict with nominal damages, although he fails to prove any actual damage, having had the use of the goods all the time (n). To determine whether a distress is excessive, it must be ascertained what the goods seized would have sold for at a broker's sale(o). An actual sale made under the distress, though not proved to be fraudulent or unfair, is not a conclusive test of value, and the tenant may therefore maintain an action, although the sale of the goods distrained (less the expenses) did not realize the amount of rent due(/?). If only a single chattel is to be found on the premises, the person distraining will not be liable to an action for excessive distress, though the value of such chattel exceeds the amount of the rent due ((7). While avoiding an excessive seizure, however, the 2. Sufficien person distraining should take sufficient to cover the arrears of rent ; for he cannot distrain twice for the same rent where he might have taken sufficient at first (r), (T) Branscomle v. Bridges, 3 553; 34 L. J., Ex. 89. Stark. 171. (0) Wells v. Moody, 7 C. & P. 59. (in} Chandler v. Doulton, 3 II. (p) Smith v. Ashforth, 29 L. & C. 553; 34 L. J., Ex. 89. J., Ex. 259. () liayliss v. Fisher, 7 Bing. (j) Avenell v. Oroker, Moo. & 153; Piggott v. Birtles, 1 M. & M. 172. See Field v. Mitchell, 6 W. 441 ; 5 L. J., Ex. 193 ; Esp. 71. Chandler v. Doulton, 3 II. & C. (r) Judgment of Farke, B., in 158 TERMS OF TENANCY. When second distress may be made for same rent. Impounding. Stat. 11 Geo. 2, c. 19, s. 10. Goods dis- trained may be secured and sold on pre- mises. unless, perhaps, where the value of the goods cannot be readily estimated. If a man bond fide mistake the value of the goods seized (which may be of uncertain or imaginary value, as pictures, jewels, racehorses, &c.), he may make a further seizure (). The landlord may also distrain again if he is prevented by the unlawful act of the tenant from realizing the distress (t); as, for in- stance, if the tenant prevents a purchaser from taking away an article sold under the distress (tf). If the landlord is induced to withdraw the distress by a false assurance by the tenant that a particular debt has been satisfied, the landlord, on the creditor's proceeding to judgment and execution, is entitled to a year's rent, under stat. 8 Ann. c. 14 (M). After seizing the goods, the person distraining must impound them. In order to constitute an impounding it is not necessary that the whole of the goods distrained should be put together or removed from the premises (#). It shall be lawful for any person lawfully taking any distress for any kind of rent, to impound or otherwise secure the distress so made, of what nature or kind soever it may be, in such place or on such part of the premises chargeable with the rent as shall be most con- venient for the impounding and securing such distress ; and to appraise, sell and dispose of the same upon the premises in like manner and under the like directions Bagge v. Mamby, 8 Ex. 641 ; 22 L. J., Ex. 236; Damson T. Cropp, 1 C. B. 961; 14 L. J., C. P. 281; Lear Y. Caldicott, 4 Q. B. 123. See Smith v. Goodwin, 4 B. & Ad. 413. (*) Hutching v. Chambers, 1 Burr., at p. 589. See Linyham v. Warren, 2 B. & B. 36. (*) Lee v. Cooke, 2 H. & N. 584; 3 H. & N. 203; 27 L. J., Ex. 337. () Wollaston v. Stafford, 15 C. B. 27S; post, p. 181. (a?) Per Lord Campbell, C. J., in Johnson v. Upham, 2 E. & E., at p. 255. See IF 'ashborn v. JSlack, 11 East, 405, note (a). RENT. 159 and restraints as any person taking a distress for rent may now do off the premises by virtue of (stats. 2 W. & M. c. 5 and 4 Geo. 2, c. 28) ; and it shall be lawful for any person to come and go to and from such place where any distress for rent shall be impounded, in order to view, appraise and buy, and also in order to carry off the same ; and if any pound-breach or rescous shall be made of any goods or chattels, or stock distrained for rent, and impounded by virtue of this act, the per- son aggrieved thereby shall have the like remedy as in cases of pound-breach or rescous is given by the said statute. Furniture may be secured in a room or rooms of the Furniture, tenant's house, or, if the tenant gives permission, may be left in its ordinary position (y). Where such per- mission is not given, in common cases a person distrain- ing in a dwelling-house must not take the whole of it in which to place the goods distrained, but must select one room for that purpose, of remove the goods out of the house (z). An action of trespass lies against a land- lord who, on making a distress for rent, turns the tenant's wife out of possession and keeps the premises on which he has impounded his distress (a). It seems, however, that the whole house may be locked up, where it is absolutely necessary for the safe keeping of the goods distrained (b). (Persons distraining sheaves or cocks of corn, or corn Com, straw or loose or in the straw, or hay in any barn or stack or y ' (y) See Cox T. Painter, 7 C. 16 L. J., Ex., at p. 316. & P. 767 ; Washborn v. Black, (a) Etherton v. PoppUwell, 1 11 East, 405, note(fl); Tennant East, 139; Smith v. Ashforth, 29 v. Field, 8 E. & B. 336 ; 27 L. J., L. J., Ex. 259. Q. B. 33. (i) See 16 M. & W. 158 ; Cox (z) Per Parke, B., in Woods v. v. Painter, 7 C. & P. 767. Durrani, 16 M. & W., at p. 158; 160 TERMS OF TENANCY. Stat. 2 Will, otherwise upon any part of the land, may) lock up or c. 5, s.T 8 ' detain the same in the place where the same shall be he im- found, for a distress, until the same shall be replevicd; ]"]!!!" \Viicro an( l m defaidt of replevying the same within (five days found. (sect. 2)), to sell the same after appraisement thereof; so as, nevertheless, such corn, grain or hay be not re- moved by the person distraining, to the damage of the owner thereof, out of the place where the same shall be found and seized, but be kept there (as impounded) until the same shall be replevied or sold. Growing crops. The landlord, or his bailiff or other person empow- Stat. 11 Geo. 2, ered by him, (having distrained growing crops, may) lay When ripe U P ^ ne same when ripe in the barns or other proper may be im- place on the premises demised ; and in case there shall ]>oun(led m barns on farm, be no barn or proper place on the premises demised, then in any other barn or proper place which such land- lord shall hire or otherwise procure for that purpose, and as near as may be to the premises, and in conve- nient time appraise, sell or otherwise dispose of the same towards satisfaction of the rent for which such distress shall have been taken, and of the charges of such distress, appraisement and sale, in the same man- ner as other goods and chattels may be seized, distrained and disposed of; and the appraisement thfcteof to be taken when cut, gathered, cured and made, and not Sect. 9. before. Notice of the place where the goods and chat- Notice of place tels so distrained shall be deposited shall, within one where crops are ... . . deposited to be week after the depositing thereof in such place, be given m to such tenant or left at the last place of his abode. Cattle. Cattle may be impounded in the byre or field where they are at the time of the distress (c). " No distress of Stat. l & 2 cattle shall be driven out of the hundred, rape, wapen- Ph. & M. c. 12. (c) TJiomat T. Harriet, 1 M. & Gr. 695 ; Cattleman T. Hicks, Car. & M. 266. RENT. 161 take or lathe where such distress shall be taken, except Cattle dis- to a pound overt within the same shire, not above three bdrivenout miles distant from the place where the said distress is f hundred. &c. where taken (uimds im- pounded. Every person who shall impound, as in the (above) act mentioned, any animal and shall supply such animal with food and water as therein mentioned, may recover from the owner of such animal not exceeding double the value of the food and water so supplied, in like manner as is by the last-mentioned act provided for the recovery of penalties under the same act. And every person who shall supply food and water shall be at liberty, if he shall so think fit, instead of proceeding for the re- covery of the value thereof as last aforesaid, after the expiration of seven clear days from the time of im- pounding the same, to sell any such animal openly at any public market, after having given three days' public printed notice thereof, for the most money that can be got for the same, and to apply the produce in discharge of the value of such food and water so supplied as aforesaid, and the expenses of and attending such sale, rendering the overplus, if any, to the owner of such animal. The person distraining must not use the goods or work the cattle he has impounded. If he takes an animal out of the place where it w r as originally im- pounded for the purpose of making an unlawful use of it, the owner is justified in interfering and recovering possession of the animal (e). Milch cows which have been impounded may, however, be milked by the person distraining (/). If the condition of the pound is such that it is unfit to put cattle in at the time of the im- pounding the person distraining is responsible for in- jury thereby occasioned to the animals (^7). But if (e) Smith v. Wright, 6 II. & N. 821 ; 30 L. J., Ex. 313. (/) See Bagshane v. Gonaril, Cro. Jac., at p. 148. (g~) PerBramwell.B ,'\'D.Bignett v. Clarke, 6 H. & N., at p. 487 ; 29 L. J., Ex. 257; Wilder v. Speer, 8 A. & E. 547. RENT. 163 they die in the pound or escape without any default on the part of the person distraining, it seems that he may distrain again (A). It is usual for the person distraining to leave a man in possession of the goods distrained ; but the quitting Abandonment possession of goods by the landlord after he has dis- trained them, is not necessarily an abandonment of the distress (z). Whether the landlord has or has not abandoned the distress, is a question of fact to be de- termined by a jury (A). An abandonment will not be inferred where the broker is forcibly expelled, and regains possession after an interval of three weeks (A); or where the man in possession, having quitted the house in which the goods are impounded in order to obtain refreshment, finds on his return the door locked against him by the tenant, and breaks it open for the purpose of re-entering ( Z) ; or where the person dis- training, having permitted the goods of a stranger, who has had no notice of the distress, to be taken off the premises merely for a temporary purpose, they are subsequently restored by the voluntary act of the person who took them away (m). Where goods distrained are removed by force, a Rescue or rescue or poundbreach is committed. "Upon any g w'll poundbreach or rescue of goods distrained for rent, the & M. sess. l, person grieved thereby shall recover treble damages, and (a full and reasonable indemnity as to all costs, charges and expenses incurred in and about the ac- (A) Vatper v. Eddoms, Holt, B., N. S. 458, 459; 12 W. R. 51; N. P. 257; 1 Salk. 248. 9 L. T., N. S. 291. But see (i) Per Wightman, J., in Ban- Russell v. Rider, 6 C. & P. 416. nister v. Eyde, 2 E. & E., at p. (/) Bannister v. Hyde, 2 E. & ('31. See Snann v. Falnwuth, 8 E. 627; 29 L. J., Q. B. 141. B. & C. 456. (m) Kerby v. Harding, 6 Ex. (k) Eldridge v. Stacey, 15 C. 234; 20 L. J., Ex. 163. M2 164 TERMS OF TENANCY. Inventory. Notice. tion(n)) against the offender or offenders in any such rescue or poundbreach, any or either of them, or against the owner of the goods distrained, in case the same be afterwards found to have come to his use or posses- sion." The landlord may seize again the rescued goods wherever he may happen to find them, if he can do so without breach of the peace, and upon fresh pursuit (o). If he abandons the distress, the tenant may retake it without committing a rescue (/>). 6. Requisites to Sale under Distress. The goods distrained may either be sold or kept as a pledge until they are replevied or the arrears of rent ^ expenses are paicl! IflT^s~lnTendedTo selTthe goods distrained, an inventory of them should be made, expressing clearly and with certainty what goods are taken ( King v. England, 4 B. & Roden v. Eyton, 6 C. B. 427 ; 18 S. 782 ; 33 L. J., Q. B. 145, 146 ; L. J., C. P. 1 ; Jones v. Hamp, Turner \. Ford, 15 M. & W. 212; cited in 10 M. & W. 710; 12 L. 15 L. J., Ex. 215. J., Ex. 322. See Abbey v. Fetch, (i) Rex Y. Cotton, Parker, at 8 M. & W. 419; 10 L. J., Ex. p. 121; Turner v. Ford, 15 M. & 455 ; Frusher v. Lee, 10 M. & W. W. 212. 709 ; 12 L. J., Ex. 321. (A) See Bollen on Distress, 160. 1"2 TERMS OF TENANCY. transaction will not be considered as a sale, and the property in the goods will not be divested from the tenant or owner (/) ; unless they belong to the tenant, and are so taken with his consent (w). When sale If the sale is made before the expiration of five clear days, and actual damage is thereby occasioned to the tenant, he may maintain an action against the land- lord (n); but the tenant is not entitled to a verdict unless he proves actual damage (n). It is lawful for the landlord, and those acting under him, to remain more than five days on the premises for the purpose of selling the goods distrained (o). If, however, the sale is not made, or the goods are not removed from the pre- mises, within a reasonable time (o) after the expiration of the five days, the landlord will be liable to an action of trespass by the tenant (/>). It must be left to the jury to say what is a reasonable time ; in one case, where the distress was made on April 14th, and the sale on April 27th, the jury found that the sale was made within a reasonable time (0). Postponement The sale is often postponed at the request of the tenant (g), from whom the landlord should invariably obtain a written consent to his remaining on the pre- mises (r). (/) JTingv. England, 4 B. & S. (/?) Griffin T. Scott, 2 Ld. Raym. 782 ; 33 L. J., Q. B. 145. 1424 ; Winterbourne v. Morgan, (TO) See judgment of Black- 11 East, 395. burn, J., 33 L. J., Q. B., at p. 146. (q) See Harrison v. Barry, 7 (w) Lvtas T. Tarleton, 3 H. Price, 690; Fisher v. Algar, 2C. & N. 116; 27 L. J., Ex. 246; & P. 374. Rodgert v. Parker, 18 C. B. (r) Form of Consent. 112 ; 25 L. J., C. P. 220 ; post, To [Mr. A. B., bailiff of] Mr. E. F. p. 181. I hereby consent that yon shall (0) Pitt v. Shew, 4 B. & A. remain in possession of the goods -''.i*. and chattels which yon have dis- RENT. 173 Standing corn and growing crops cannot legally be Growing crops, sold until they are ripe (s) ; but if no damage has been sustained by the premature sale, the tenant cannot re- cover even nominal damages (#). 8. Costs of Distress. No person whatsoever making any distress for rent Costs of dis- where the sum demanded and due shall not exceed the ' Stat.57Geo.3, sum of twenty pounds for such rent, nor any person c . 93, s. l. whatsoever employed in any manner in making such Costs of dis- tresses tinder distress, or doing any act whatsoever in the course of 201. not to ex- such distress, or for carrying the same into effect, shall ^ai e , sp< receive out of the produce of the goods or chattels dis- trained upon and sold, or from the tenant distrained on, or from the landlord, or from any other person whatso- ever, any other or more costs and charges for such dis- tress, or any matter or thing done therein, than such as are fixed in the schedule hereunto annexed and appro- priated to each act which shall have been done in the course of such distress ; and no person whatsoever shall make any charge whatsoever for any act, matter or thing mentioned in the said schedule, unless such act shall have been really done. trained for rent upon the premises to be part of the charges of the in my occupation, and shall keep said distress, and shall be recover- the said goods and chattels in the able as such. Witness my hand place where they are now im- this day of , 18 . pounded for the space of C. D. days from the date hereof, in order (*) Stat. 11 Geo. 2, c. 19, s. 8 ; to enable me to discharge the said ante, p. 1 60 ; Omen v, Legh, 3 B. rent and costs of the distress. & A. 470. And I hereby agree that the ex- () Rodgers v. Parker, 18 C. penses of keeping possession of B. 112; 25 L. J., C. P. 220; the said goods and chattels for the Provdlove v. Ticemlow, 1 Cr. & space aforesaid shall be deemed M. 326. 174 Schedule. j KI;M> OK TF.NANC v. Sect. 2. Remedy for excessive charges. Stat. 1 & 2 Ph. & M. c. 12, s. 2. Charge for impounding in public pound. Levying distress . . . .30 Man in possession, per day . . . .26 Appraisement, whether by one broker or more, 6d. in the pound on the value of the goods. Stamp, the lawful amount thereof. All expenses of advertisements, if any such . 10 Catalogues, sale and commission, and delivery of goods, Is. in the pound on the net pro- duce of the sale. If any person shall in any manner levy, take or re- ceive any other or greater costs and charges than are mentioned in the said schedule, or make any charge whatsoever for any act, matter or thing mentioned in the said schedule, and not really done, it shall be lawful for the party aggrieved by such practices to apply to (a justice of the peace, who may order) treble the amount of the moneys so unlawfully taken to be paid by the person so having acted to the party who shall have pre- ferred his complaint thereof, together with full costs. No person shall take for keeping in pound, impound- ing or poundage of .any manner of distress above the sum of fourpence for any one whole distress that shall be so impounded; and where less hath been used, there to take less ; upon the pain of five pounds, to be paid to the party grieved, over and beside such money as he shall take above the sum of fourpence. This section only applies to cases where the goods distrained are taken to a public pound ( x). The costs of a distress for arrears of rent exceeding 207., where the distress is impounded on the premises, are not regulated by statute (y). (ar) Per Lord Dcnman, C. J., in Child v. Chamberlain, 5 B. & Ad., at p. 1051. (y) See Child v. Chamberlain, 5 B. & Ad. 1049. KENT. 17.3 Every broker or other person who shall make and levy Stat. 57 Geo. 3, any distress whatsoever, shall give a copy of his charges, Bro ' k ' erto and of all the costs and charges of any distress what- copy of charges , to person on soever, signed by him, to the person or persons on whose whose goods goods and chattels any distress shall be levied, although trained!* 18 the amount of the rent demanded shall exceed the sum of twenty pounds. A landlord who does not personally interfere in making a distress, is not liable for the neglect of the broker to deliver a copy of his charges pursuant to this section (z). 9. Hemedies for Illegal Distresses. A distress is illegal in the following cases: Where Instances of no rent for which a distress can be made is due and in arrear (a) ; where no tenancy exists between the owner of the goods and the person distraining (b) ; where a valid tender of the rent due has been made before seizure (c); where the distress is made before sunrise or after sunset (rf); where an unlawful entry is made (e); where goods are seized which are. privileged from dis- tress (/), or which are not upon the demised pre- mises (a] ; where a second distress is vexatiously made for rent previously distrained for (A). In these cases the tenant may lawfully rescue the Rescue, goods, or take them out of the hands of the person dis- (z) Hart v. Leach, 1 M. & W. the subsequent detention of the 560. goods illegal, ante, p. 166. (a) See Lockier v. Paterson, 1 (rf) Ante, p. 150. C. & K. 271 ; ante, p. 131 ; post, () Attack v. Bramn-ell, 3 B. p. 178. & S. 520; 32 L. J., Q. B. 146; (/>) See Yatet v. Tearle, 6 Q. ante, p. 155. B. 282; 13 L. J., Q. B. 289. (/) Ante, pp. 138144. (0) Ante, p. 154. A tender of (g) Ante, p. 144. rent and expenses after seizure, (A) Ante, p. 157. but before impounding, renders 176 TERMS OP TENANCY. training, at any time before they are impounded (i), provided this can be done without occasioning a breach of the peace. Replevin. The tenant may obtain restitution of goods wrong- fully taken out of his possession under an illegal dis- tress by suing out a replevin, which he may do at any time before the goods distrained are sold, although they may have been removed from the demised premises or appraised (A). This remedy is not applicable to cases where fixtures, deeds, or animals fera natures (7), are wrongfully distrained, or to irregular or excessive dis- tresses. If the chattels distrained have been delivered to the plaintiff on the replevin, as is the usual practice, the damages recoverable by him are generally confined to the expenses of the replevin bond (m). He cannot in this form of action recover substantial damages for the wrongful taking, and after judgment in replevin he is precluded from bringing any other action in respect of the same distress (n). The registrar of the County Court of the district in which any distress subject to replevin shall be taken shall be empowered, subject to the regulations herein- after contained, to approve of replevin bonds and to grant replevins, and to issue all necessary process in relation thereto, and such process shall be executed by the high bailiff. Sect. 64. Such registrar shall, at the instance of the party Proceedings in replevin. Stat. 19 & 20 Viet. c. 108, s. 63. Registrar of County Court to grant re- plevins. (i) Per Bramwell, B., in Keen v. Priest, 4 H. & N., at p. 240. (k) Jacob v. Xing, 5 Taunt. 451. (/) Mllet v. Smith, 4 T. R. 504 ; Dar by v. Harris, 10 L. J., Q. B., at p. 295; Bac. Abr. Re- plevin (F); Woodfall, L. & T. 789. (m) Roscoe's Evidence, 683 (llthed.). (n) Phillips, v. Serryman, 3 Dougl. 286; 1 Selw. N. P. 679. See Pease v. Chaytor, 1 B. & S. 658; 31 L. J., M. C. 1; 3 B. & S. 620; 32 L. J., M. C. 121; Wood- fall, L. & T. 796. RENT. 177 whose goods shall have been distrained, cause the same to be replevied to such party, on his giving one or other On security of such securities as are mentioned in the next two succeeding sections. If the replevisor shall wish to commence proceedings Sect. 65. in any superior Court, he shall, at the time of replevy- ing, give security, to be approved of by the registrar, commence J * ' action in supe- for such an amount as such registrar shall deem suf- nor Court. ficient to cover the alleged rent in respect of which the distress shall have been made and the probable costs of the cause in a superior Court, conditioned to commence an action of replevin against the distrainor in such superior Court as shall be named in the security, within one week from the date thereof, and to prosecute such action with effect and without delay, and, unless judg- ment thereon be obtained by default, to prove before such superior Court that he had good ground for believing either that the title to some corporeal or in- corporeal hereditament, or to some toll, market, fair or franchise was in question, or that such rent exceeded twenty pounds, and to make return of the goods, if a return thereof shall be adjudged. If the replevisor shall wish to commence proceedings Sect. 66. in a County Court (these Courts have jurisdiction to try Conditions of J J security to actions of replevin although title may be in question (0) ), commence he shall, at the time of replevying, give security (at the County Court. cost of the party giving it, and in the form of a bond, with sureties to the other party, or intended party in the action (sect. 70) ), to be approved of by the registrar, for such an amount as such registrar shall deem sufficient to cover the alleged rent in respect of which the distress (0) Reg. v. Raines, 1 E. & B. ham v. Alters, 4 B. & S. 578 i 855 ; 22 L. J., Q. B. 223 ; Ford- 33 L. J., Q. B. G7. F. N 178 TERMS OF TENANCY. Sect. 71. Security may be by deposit with memo- randum. Remedy for distress where no rent is due. shall have been made and the probable costs of the cause in the County Court, conditioned to commence an action of replevin against the distrainer in the County Court of the district in which the distress shall have been taken, witliin one month from the date of the security, and to prosecute such action with effect and without delay, and to make return of the goods, if a return thereof shall be adjudged. Where by this act a party is required to give security he may, in lieu thereof, deposit with the registrar, if the security is required to be given in a County Court, or with a master of the superior Court, if the security is required to be given in such Court, a sum equal in amount to the sum for which he would be required to give security, together with a memorandum, to be approved of by such registrar or master, and to be signed by such party, his attorney or agent, setting forth the conditions on which such money is deposited, and the registrar or master shall give to the party pay- ing a written acknowledgment of such payment, and the judge may order such sum to be paid out to such party as to him shall seem just. Security having been duly given, the registrar will issue his wan-ant to the bailiff directing him to replevy and deliver the goods and chattels to the replevisor, and the bailiff will execute such warrant accordingly, and make a return to that effect ( p). After goods taken in distress for rent have been replevied, the person distrain- ing has no lien on them at law or in equity, but is left to his remedy on the replevin bond ( rent J ust ty ^ ue > an< ^ any irregularity or unlawful act shall be afterwards done by the party distraining, or by his Instances of irregular dis- tress. () Biggins v. Goode, 2 Cr. & J. 364; Knight v. Egerton, 1 Ex. 407. See Knotts v. Curtis, 5 C. & P. 322. (). (1) Bronn T. Tnimper, 26 F. & J. 381 ; 31 L. J., Ch. 481. Bear. 11, 15. (o) White \. Wakley, 26 Beav. (m) Winn Y. White, 2 W. Bl. 17 ; 28 L. J., Ch. 77. 840. (j) Green v. Sales, 2 Q. B. (n) Beaufort v. Bates, 3 De G., 225 ; 1 1 L. J., Q. B. 63. REPAIRS. 197 COVENANT by lessor that, in case the demised pre- mises shall be burned down, he will "rebuild and replace " the same in the same state as they were in before the fire. The lessor is only bound to restore the premises to the state in which they were when he let them, and is not obliged to rebuild an additional story subse- quently erected by the tenant (q}. Where the lessor is liable to repair the interior of the demised premises, the lessee cannot charge him for breach of repairs without notice, for he may not know that repairs are necessary (r). A landlord cannot lawfully enter upon his tenant's premises to execute repairs, unless some express stipula- tion to that effect has been made (s). A provision in a lease that the landlord may enter the demised house " at convenient times" to view the state of repair, is not contravened by his being excluded from some of the rooms, if he has given no notice of his coming (t}. The damages recoverable in an action for non-repair Measure of of premises, held by the defendant under a lease which breach of cove- has several years to run, are not the amount which nant ' would be required to put the premises into repair, but the amount to which the saleable value of the reversion is injured by the non-repair of the premises (M). If a tenant, who is bound to repair, leaves the premises at the end of the term out of repair, the landlord may recover, in an action against him, in addition to the amount of the actual expense of the repairs, a com- (q) Loader v. Kemp, 2 C. & P. () Barker v. Barker, 3 C. & 375. P. 557. (r) Makin v. Watkinson, 40 (t ) Doe v. Bird, 6 C. & P. 195. L. J., Ex. 33; L. R., 6 Ex. 25; see () Smith v. Peat, 9 Ex. 161 ; per Mansfield, C. J., iu Moore r. 23 L. J., Ex. 84. See Doe v. Clark, 5 Taunt., at p. 96. Ron-lands, 9 C. & P. 734. 198 TERMS OP TENANCY. pensation for the loss of the use of the premises while they were undergoing repair (x). Where a lessee has left the demised premises out of repair, a jury is not compelled to give only nominal damages, although before the end of the term the lessor has verbally agreed with another person to grant him a lease for a term of years, under the provisions of which agreement the premises are to be pulled down (y). SECT. III. Waste. PAGE (1) Voluntary 198 (2) Permissive 199 (3) Remedies for 200 (1) Voluntary Waste. There are two kinds of waste, voluntary or actual, 1. Acts of and permissive (a). A tenant commits voluntary waste estrnction. ^y actg Q f Destruction, such as pulling down houses, or removing wainscots, doors or windows (a) ; or cutting down, destroying or topping timber-trees, or trees affording shelter to a house, or fruit trees in a gar- den (a) ; or destroying a quickset hedge of white- thorn (a) ; or ploughing up strawberry beds in full bearing (b} ; or opening new mines or quarries (c). Under a lease of land by an owner in fee, not mention- ing mines, the lessee may work and take the profits of mines which are open at the time of making the (a?) Woodt T. Pope, 6 C. & P. (a) Co. Lit. 53 a. 782. (i) Watherell v. Howells, 1 (y) Ranlings v. Morgan, 18 Camp. 227. C. B., N. S. 776 ; 34 L. J., C. P. (c) Co. Lit. 53 b. 185. WASTE. 1U9 lease (d ). Under a lease of land, with the mines therein, where there is a mine open, the lessee cannot work or open unopened mines (rf). The lessee may dig for gravel or clay for the reparation of the house demised, and for the same purpose may take convenient timber-trees ( OK 11, NAM V. 1. Action at law. 2. Injunction of Court of Chancery. waste at common law, either wilful or permissive, to leave land uncultivated (o). Tenants for life or for years ( p} are responsible for permissive waste, but tenants at will (y) or from year to year (r) are exempt from this liability. (3) Remedy for Waste. The remedy for waste is by an action on the case in the nature of waste. The landlord may claim a writ of injunction against the repetition or continuance of the injury, or the committal of any injury of a like kind, relating to the same property (.9). If an act of voluntary waste, likely to be a lasting damage to the estate is in contemplation by the tenant, the landlord may obtain an injunction from the Court of Chancery to prevent it. Illegal pur- poses. SECT. IV. Mode of using Premises. (1) Where there is no express agreement Illegal purposes . . . . . . . . " ' Fitness of premises for use intended . . (2) Where there is an express agreement . . . . Construction of contracts- Relating to exercise of trades trading with particular persons working of mines, &c. . . 200 200 201 202 202 205 206 (1) Where there is no express Agreement. No legal demand can arise out of a contract based upon an illegal or immoral consideration. Hence, rent (0) Per Parke, B., in Hutton v. Warren, at p. 472. (p) Harriett T. Maitland, 16 M. & W. 257 ; 16 L. J., Ex. 134 ; judgment in Yellorvley \. Goner, 11 Ex., at p. 294. (q) Harnett v. Maitland, 16 M. & W. 257 ; 16 L. J.,Ex. 134. (r) Torrlano v. Young, 6 C. & P. 8. (*) Stat. 17 & 18 Viet. c. 125, ss. 7982. MODE OF USING PREMISES. 201 or damages for breaches of covenant are not recoverable under leases of houses used for purposes of prostitution ; provided the lessor is aware that the premises are so used(^). As every right or obligation arising out of the contract is tainted by the immorality of the transac- tion, the lessee cannot recover from his assignee, under a covenant in the assignment for indemnity in respect of all the lessee's covenants, a sum which the lessor has compelled the lessee to pay for dilapidations (&). Kent reserved upon a lease of premises used for the purpose of boiling oil and tar, contrary to the provisions of the Building Act, cannot be recovered (#). Jn an action for breach of a contract to let premises, the defendant may justify such breach by proving that the plaintiff intended to use the premises for an illegal purpose, although at the time of refusing to perform the contract he did not assign or act upon such intended use, as a reason for his refusal (y). After the lessee has entered into possession under a lease, however, the lessor cannot avoid such lease, on the ground that it was obtained by the fraudulent misrepresentations of the lessee as to matters collateral to the lease ; as, for instance, that he intended to use the demised premises for a respectable business, wjiereas he used them for an immoral purpose (z). There is no contract implied by law on the part of Fitness of pre- the lessor of an unfurnished house, that it is in a rea- intended. () Girardy v. Richardson, 1 (a?) Gas Light Co. v. Turner, Esp. 13 ; Crisp v. Churchill, IB. 6 Bing. N. C. 324. & P. 340 ; Jennings v. TJirogmor- (y) Cowan v. Milbourn, 36 L. ton, Ry. & M. 251 ; Appleton v. J., Ex. 124 ; L. R., 2 Ex. 230. Campbell, 2 C. & P. 347. (z) Feret v. Hill, 15 C. B. 207; () Smith T. IHiite, 35 L. J., 23 L. J., C. P. 186. Ch. 454 ; L. R., 1 Eq. 626. 202 TERMS OF TENANCY. 2. On demise of furnished boose. 1. On demise sonably fit state for occupation, although it is let for the of unfurnished ... ,. , . . house. purpose ot immediate habitation (a). I he owner ot a house is not bound to disclose to an intended lessee that it is in a ruinous state and dangerous to occupy, unless he knows that the intended lessee is influenced by his belief of the soundness of the house in agreeing to take it (6). In the absence of express warranty or active deceit, no action will lie against the owner for not making this disclosure (6). It has been held, that upon the demise of a furnished house, since the bargain is not so much for the house as the furniture, there is an implied condition that it shall be reasonably fit for immediate habitation (c). It is a breach of this condition, whether express or im- plied, if the house, or any of the rooms, are infested and overrun with bugs ; but to justify the tenant in quitting without notice, it must appear that the nuisance existed to a serious and substantial extent, and was such as he could not reasonably be expected either to endure or to extirpate (rf). On a demise of land, or the vesture of land, there is no implied obligation on the part of the lessor, that it shall be fit for the purpose for which it is taken (e). 3. On demise of land. (2) Where there is an express Agreement. Construction of Contracts whereby a person is restricted generally, contracts re- .. - - .... lating to exer- and without reference to place, from exercising his trade cise of trades. (a) Hart Y. Windsor, 12 M. & W. 68 ; 13 L. J., Ex. 129. (J) Keata T. Cadogan, 10 C. B. 591 ; 20 L. J., C. P. 76. See judgment in Hart v. Windsor, 12 M. & W., at p. 87. (c) Smith v. Ufarrable, 11 M. & W. o ; 12 L. J., Ex. 223. See judgment in Button v. Temple, 13 L. J., Ex., at p. 22 ; Hart v. Wind- sor, 13 L. J., Ex., at p. 136. (d ) Campbell v. Wenlock, 4 F. & F. 716. (e) Button T. Temple, 12 M. & W. 52; 13 L. J.,Ex. 17. MODE OF USING PREMISES. 203 for a special time are void(/). Covenants restrain- ing a lessee or lessor from carrying on a specified trade within a particular area are valid, provided they are reasonable, having regard to the subject-matter of the contract (^); z. e. if the restriction is such only as to afford a fair protection to the interests of the party in favour of whom it is given, and is not so large as to interfere with the interests of the public (/i). COVENANT not to exercise any trade or business. Constrnction of The word " trade " is applicable only to a busi- hibiting exer- ness conducted by buying and selling, and does not extend to the keeping of a private lunatic premises. asylum (i). The occupation of a schoolmaster is a business within the meaning of this cove- nant (A). The covenantee does not waive the benefit of the covenant by permitting another house held under the like covenant to be used as a school (/). The partial exercise of a trade on the demised premises will operate as a breach of a covenant not to carry on such trade (TO). Under a covenant not to use premises for certain purposes, there is a new breach every day during the time the premises are so used (n). COVENANT not to carry on any noisome or offensive (/) Ward v. Byrne, 6 M. & (A) Doe v. Keeling, 1 M. & S. W. 548 ; 9 L. J., Ex. 14 ; Hinde 95, 99 ; Kemp Y. Sober, 1 Sim., v. Gray, 1 M. & Gr. 195, 203. N. S. 517 ; 20 L. J., Ch. 602. See (g) See Leather Cloth Co. T. Wickenden v. Webster, 6 E. & B. Lorsont, 39 L. J., Ch. 86, 90 ; 387 ; 25 L. J., Q. B. 264. L.B.,9Eq. 345; Mitchell \.Rey- (T) Kemp T. Sober, 1 Sim., N. nolds, 1 P. Wms. 181; Hitchcock S. 517 ; 20 L. J., Ch. 602. v. Colter, 6 A. & E. 438 ; 6 L. J., (m) Doe v. Spry, 1 B. & A. Ex. 266. 617, 619. See Doe v. Elsam, M. (fc) Per Tindal, C. J., in Homer & M. 189. v. Graves, 7 Bing , at p. 743. (n) Judgment in Doe v. Wood' (i) Doe y. Bird, 2 A. & E. 161. bridge, 9 B. & C., at p. 378. 204 TERMS OF TENANCY. trade. Carrying on a dangerous trade is not a breach of this covenant (o). In construing this covenant, it is particularly worthy of con- sideration, whether the trade complained of was carried on upon the premises at the time of the demise (p). COVENANT not to do any act, fyc. upon the demised premises which may lead to the damage, an- noyance or disturbance of the lessor, or any of his tenants, or any part of the neighbourhood; followed by proviso for re-entry upon the carry- ing on of certain specified trades (not including that of a licensed victualler}, " or any other trade or business that may be, or grow, or lead to be offensive, or any annoyance or disturbance" to any of the lessor's tenants. The opening of a public-house upon the premises is not a breach of the covenant or proviso (r- 189. son, 2 Camp. 391. See Doe v. (a?) Wilkinson v. Rogers, 2 Reid, 10 B. & C. 849 ; Weaver v. De G., J. & S. 62. Sessions, 6 Tannt. 154. 206 TERMS OF TENANCY. Construction of covenants re- lating to work- ing of mines, &c. the plaintiff suing for breaches of a covenant of this nature, to show that the beer delivered by him was good marketable beer (a). Where a lessor agrees to supply to the lessee the whole of the chlorine still waste as it comes from the still, at a given rate, and not to use, or injure, or part with any of the still waste, except to the lessee, the lessee is bound to take the whole of the waste which, during his occupancy, comes from the still (i). COVENANT to work coal mine as long as it is fairly workable. The lessee is not bound to work the mine at a dead loss (c). COVENANT in indenture demising all mines which had been or during the demise should be open, to work the mines in a proper and workmanlike manner. The lessee is not liable under this covenant, if the mines have not been worked at aU(rf). COVENANT to work furnaces effectually, unless pre- vented by inevitable accident or want of materials, or unless the ironstone should be insufficient in quantity or quality, or would not by itself, or with a proper mixture and process, make good common pig-iron. It is not necessary that the ingredients for the mixture should be procurable on the demised premises (e). (a) Thornton v. Skerratt, 8 Taunt. 529, 530. (6) Bealey T. Stuart, 7 H. & N. 753 ; 31 L. J., Ex. 281. (c) Jones v. Shears, 7 C. & P. 346. See Phillips v. Jones, 9 Sim. 519 ; Griffiths v. Rigby, 1 H. & N. 237 ; 25 L. J., Ex. 284. (rf) Quarrington v. Arthur, 10 M. & W. 335. () ), t ion, &c. X< carry off or sell, or dispose of for the purpose of being Stat. 56 Geo. 3, carried off from any lands let to farm, straw, chaff, g , ! ff ' colder, turnips, or manure in any case, nor hay, grass sell off straw, &c., in any or grasses, nor tares or vetches, nor any roots or vegeta- case, or hay, bles being produce of such lands, in any case where, ac- cording to any covenant or written agreement, such hay, &c., ought not to be taken off such lands, or which, by the tenor or effect of such covenants or agreements, ought to be used or expended thereon, and of which covenants or agreements such sheriff shall have received a written notice before he shall have proceeded to sale. The tenant against whose goods any process shall Sect. 2. issue, shall, on having knowledge of such process, give notice ofcove- a written notice to the sheriff or other officer executing nants to sheriff. the same of such covenants or agreements, and of the name and residence of the landlord ; and such sheriff Sheriff to give or other officer shall forthwith send a notice by post to seizure to land- the landlord (as to whose name and residence he is to make due inquiry before any sale of any crops (sect. 5)), and also to the known steward or agent of such land- lord, stating the fact of possession having been taken of any produce hereinbefore mentioned ; and such sheriff or other 'officer shah 1 , in the absence or silence of such landlord or his agent, delay the sale of such produce until the latest day he lawfully can appoint. Such sheriff may dispose of any produce hereinbefore Sect, a mentioned to any person who shall agree in writing, in cases where no covenant or written agreement shall be dice to person . agreeing to ox- shown, to use and expend the same on such lands m pood it on land, Q>) Rex v. Oilourne, 6 Price, 94. F. P 210 I I U MS OF TENANCY. Sect. 11. Assignee not to use produce in any other manner than tenant might have done. Construction of agreements relating to course of hus- bandry. such manner as shall accord with the custom of the country ; and in cases where any covenant or written agreement shall be shown, according to such covenant or written agreement ; and after such sale it shall be lawful for such person to use all such necessary barns, buildings, yards and fields for the purposes of consuming such produce, as such sheriff shall assign and such tenant would have been entitled to for the like purpose. No assignee of any bankrupt, nor any assignee under any bill of sale, nor any purchaser of the goods or crop of any person employed in husbandry on any lands let to farm (y), shall take, use or dispose of any hay or other produce, or any manure or other dressings in- tended for such lands and being thereon, in any other manner than such bankrupt or other person so employed in husbandry ought to have taken, used or disposed of the same. COVENANT not to sow land with wheat more than once in four years, nor with more than two crops of any kind of grain whatsoever during the same period of four years. Applies to any four years of the term, however taken, and not to each successive four years from the com- mencement (r\ COVENANT to cultivate, on the four-course system, according to the custom of the country. Means only so far as is universally obligatory by the custom of the country i. A jury may find that the tenant ploughed as much as he was bound to do by the custom (s). (g) This section applies to an ordinary sale by the tenant him- self. H'ilnwt v. Rate, 3 E. & B. 663 ; 23 L. J., Q. B. 281. (r) Fleming v. Snook, 5 Beav. 250. (*) Nercson v. Smythieg, 1 F. & F. 477, 479. As to the mean- CULTIVATION 01 LAND. 211 AGREEMENT to manage and quit premises agreeably to the manner in which the same have been managed and quitted by the former tenants. A tenant, without notice, is not bound by the terms upon which the former tenants held. The only rule by which, according to the agreement, he is to be guided, is the condition of the estate and the mode in which it was managed at the time of his taking possession (). COVENANT to manage pasture in a husbandlike manner. Is equivalent to a covenant not to convert it into arable land(w). COVENANT to permit the landlord in the last year of the term to sow clover among the tenant's barley. The landlord must use due diligence to ascertain for himself when the tenant sows his barley (x). COVENANT at the end of the lease to leave the turnip or fallow breaks once ploughed for the incoming tenant. The words turnip or fallow breaks mean the land which would, in the natural course of good husbandry, be ploughed and left fallow for the purpose of being planted with turnips (y). COVENANT to pay additional rent for pasture land which lessee should ear, plough, break up, dig, use or convert to tillage, or for brick earth, or for any other purpose whatsoever. It seems ing of a covenant to farm on the v. Moling, 6 Ves. 328. See Hills four-course system, see Itankiii v. v. Rowland, 4 De G., M. & G. Lay, 2 De G., F. & J. 65. 430 ; 22 L. J., Ch. 964. (t) Liebenroodv. Vines, 1 Mer. (a;) Hughes v. Ilichman, Cowp. 15,18. See Hood v. Kendall, 17 125. 0. B. 260. (y) Hunter v. Miller, 9 L. T., (M) Per Lord Eldon, in Drury N. S. 159. p 2 212 TERMS OP TENANCY. Construction of agreements relating to hay and straw. that whether the use of the land as a race-course and ground for training horses is a breach of the covenant is a question of fact for a jury (2). Laying down the land to permanent grass again will not protect the lessee, who has once ploughed it up, from future accruing additional rent (a). COVENANT not to remove from the farm, during the last year of the term, any of the hay, fyc., which shall grow on the farm. The lessee is pro- hibited from removing hay, &c. which is on the farm in the last year of the term, at whatever time during the term it may have grown (b). AGREEMENT that tenant shall not sell any straw or manure grown or produced on the farm without the licence of the landlord, under certain penal- ties, recoverable as additional rent. Extends to straw sold by the tenant after the determination of the tenancy (c). AGREEMENT that tenant shall consume the hay on the premises, or for every load of hay removed shall bring two loads of manure. The bringing on the manure is not a condition precedent to the carrying off" the hay as between the landlord and tenant, but after the tenant has quitted pos- session of the premises, the succeeding tenant may refuse to permit the hay to be removed until the manure is brought on (d). AGREEMENT that . 215 landlord, who is not in possession, that, without any agreement to that effect, the landlord may maintain an action against his tenant for not so doing, upon the ground of the injury done to the inheritance (m). It Obligation of would seem, however, that a tenant at will or from year year to* year 1 or to year, since he is not liable for mere permissive waste, is not bound to make good the decay of the fences (n). The general rule of law is, that a man is only bound to take care that his cattle do not wander from his own land and trespass upon the lands of others. He is under no legal obligation, therefore, to keep up fences between adjoining closes of which he is owner; and even where adjoining lands, which have once belonged to different persons, one of whom was bound to repair the fences between the two, afterwards become the pro- perty of the same person, the pre-existing obligation to repair the fences is destroyed by unity of ownership. And where the person who has so become the owner of the entirety afterwards parts with one of the two closes, the obligation to repair the fences will not revive, unless express words are introduced into the conveyance for that purpose (o). Where two persons have adjoining fields, and there is no hedge between them, each must take care that his beasts do not trespass upon his neighbour's land ( p). (2) Ownership of Fences, fyc. There is no rule as to a certain width which the owner of a ditch is entitled to have. No man making (m) Judgment of Ld. Kenyon, (0) Per Bayley, J., in Boyle v. C. J., in Cheetham v. Hampson, Tamlyn, 6 B. & C., at p. 337. See 4 T. R., at p. 319. See Whitfield observations on this case in Bar- v. Weedon, 2 Chit. 685. ber v. Whiteley, 34 L. J., Q. B., () See cases cited, ante,p. 200; at p. 216. also Gandy v. Jubber, 5 B. & S. ( p) 2 Rol. Abr. 565, pi. 7. See 78; 33 L. J., Q. B. 161. Churchill T. Ecaru, 1 Tannt.629. 2 1 6 TERMS OF TENANCY. a ditch can cut into his neighbour's soil ; but usually he cuts it to the very extremity of his own land. He is, of course, bound to throw the soil which he digs out upon his own land, and often he plants a hedge on the top of it. If he afterwards cuts beyond the edge of the ditch, which is the extremity of his land, he cuts into his General prc- neighbour's soil, and is a trespasser (q). Hence, where two adjacent fields are separated by a hedge and a ditch, the hedge prima facie belongs to the owner of the field in which the ditch is not (r). If there are two ditches, one on each side of the hedge, the ownership of the hedge must be proved by showing acts of ownership (r). The common use of a wall separating adjoining lands belonging to different owners, is presumptive evidence that the wall belongs to the owners of those adjoining lands as tenants in common ; for the law will presume that the acts of enjoyment were lawful (s). Obligation of Among other obligations resulting from the relation ^p" boundaries! ^ landlord and tenant, a tenant contracts an obligation to keep his landlord's property distinct from his own property during the term, and at the end of the term to leave it clearly distinct, and not in any way confounded with his own. If he has put his landlord's property and his own together, for his own convenience, in order to make the most of it during his tenancy, he is bound at the end of the term to render up specifically the landlord's land ; and if the tenant has so confounded the boundaries that the landlord's land cannot be ascer- tained, the Court of Chancery will inquire what was . (j) Per Lawrence, J., in Vomles Noye \. Reed, 1 Man. & Ry. 63. v. Miller, 3 Taunt., at p. 138. () Oubitt v. Porter, 8 B. & C. (r) Per Bayley, J., in Gvy v. 257, 259, note ( b), 266. See Matts West, cited 2 Sclw. N. P. 1244; v. Hawkins, 5 Taunt. 20. TREES. 2 1 7 the value of the landlord's estate, valued fairly, but to the utmost, as against the tenant (t). SECT. VII. Trees. PAGE (1) Where there is no express agreement .. .. .. ..217 Property in trees as between landlord and tenant . . 217 and third persons.. 217 bushes, &c 218 Estovers 218 Windfalls 218 (2) Where there is an express agreement . . . . . . . . 218 Construction of agreements relating to trees . . . . 218 (1) Where there is no express Agreement. The general property in timber-trees is in the land- Property in lord(w). Oak, ash and elm, which are timber-trees tween landlord everywhere, by the general rule of the realm, become and tenant timber at twenty years' growth (#). By the custom of the country, in some places, trees are considered as timber which, generally speaking, are not so (y). When a particular kind of wood is admitted to be timber by the custom of the country, the rule of law applicable to timber-trees in general attaches upon it, so as to give it the properties and privileges of timber at twenty years' growth (z). The landlord of a tenant from year to year, although Property in there is no reservation of the timber on the premises, tween landlord may bring an action of trespass against a third person j^* ' l per for carrying it away after it has been cut down (a). (t) Judgment of Ld. Eldon, in Lit. 53 a. See Whitty v. Dillon, A tt.- Gen. v. Ftillerton, 2 V. & B., 2 F. & F. 67. at p. 264. Se&Att.-Gen. v. Ste- (y) See Chandos v. Talbot, 2 phcns, 6 De G., M. & G. Ill ; 25 P. W.,atp.606; Aubrey*. Fisher, L. J., Ch. 888. 10 East, 446 ; Co. Lit. 53 a. (w) Jierriman v. Peacock, 9 (r) Aubrey v. Fisher, 10 East, Bing. 384, 387. 446. (a?) Judgment of Ld. Ellen- (a) U7m7 v. 1 W;vvs, 2 Chit borough, C. J., in Aubrey v. 636. 10 East, at p. 455; Co. 218 TI;KM- 01 1 1 \ \x< v. Property in bushes. Estovers. Windfalls. Construction of agreements relating to trees. Where a tree grows near the land of two persons, so that the roots derive nourishment from the soil of both, the property in the tree is to be ascertained by showing where it was first sown or planted (b). The property in bushes is in the tenant, but if he exceeds his right, as by grubbing up or destroying fences, he may be liable to an action of waste (c). Every tenant, except a tenant at will, may take suffi- cient wood to repair the walls, pales, fences, hedges and ditches as he found them ; but he cannot make new fences, &c. He may also take wood to burn in the house, or for repairing the house, and for making and repairing implements of husbandry (rf) ; but not for sale (e). If he cuts down growing wood to burn when he has a sufficient quantity of dead wood, he will be guilty of waste ( d\ In felling timber for repairs, he is bound to confine himself to such trees as are adapted for that purpose, and to employ them accordingly (f\ Windfalls of decayed timber-trees belong to the tenant for life or years, and windfalls of trees which are not timber, may, in the absence of express excep- tion, be claimed by him (g\ But windfalls of sound timber-trees, as between lessee and lessor, belong to the lessor (g). (2) Where there is an express Agreement. COVENANT in a lease of a farm and quarries of stone thereon, with liberty to work the quarries, and (b) Holder v. Coates, M. & M. 112. See Dixon v. Qeldard, Dixon's Law of the Farm, 81. (c) Berrinian v. Peacock, 9 Bing. 384, 387. (rf) Co. Lit. 53 b. (?) Co. Lit 53 b. See Cour- totvn T. Ward, 1 Sch. & Lef. 8. (/) Simmons v. Norton, 7 Bing. 640, 649. (g) Craig on Trees, 123. See fferlakenden's Case, 4 Co. R. 62; (liannon v. Patch, 5 B. & C. 897. TREES. 219 containing an exception of trees., not to commit waste by cutting down timber-trees, saplings, or any other wood or underwood. Cutting down wood and underwood necessary to be cut down in order to work a quarry on the demised pre- mises is not a breach of the covenant (A). COVENANT that tenant shall not during the term cut down any of the coppice of less than ten years growth or at any unseasonable time of the year. At the end of the term the landlord agrees to pay to the tenant the value of all such growth of cop- pice and underwood as shall be then standing and growing. The landlord is bound to pay the tenant for the value of all the coppice of less than ten years' growth left standing on the demised premises at the end of the term, though no spe- cial consideration appears on the face of the deed for the landlord's agreeing to make a compensa- tion to the tenant for the value of the part of the coppice which the tenant was not entitled to cut (z). COVENANT to deliver timber growing on the premises sufficient for the repairs thereof. The timber must be sufficient in quality as well as quantity (J). COVENANT to deliver up at the end of the term all the trees standing in the orchard at the time of the demise, " reasonable use and wear only ex- cepted." If the trees in the orchard are too crowded, the removal of such as are past bear- ing must be considered as a reasonable use of the orchard and trees (A). (A) Doe v. Price, 8 C. B. 894; 741, 749. 19 L. J., C. P. 121. (jfc) Doe v. Crouch, 2 Camp, (i) Love v. Pares, 13 East, 80. 449, 450. O') Snell v. Snell, 4 B. & C. 220 TERMS OF TENANCY. COVENANT not to fell, stub up, lop, or top timber-trees excepted out of the demise. The executor of the lessor is entitled to sue for a breach of this cove- nant committed in the lifetime of the testator (/). COVENANT not to remove or grub up or destroy trees. Removing trees from one part of the premises to another, or taking away trees, though the lessee plants a greater quantity than he takes away (those taken away not being dead) will constitute breaches of tliis covenant (m). SECT. VIII. Insurance. PAGE Construction of general covenant to insure . . . . . . . . 220 covenant to insure in names of specified persons . . 221 Statutory provisions in case of fire . . . . . . . 222 Construction Under a general covenant to insure and keep insured t 1 cowman? to in- tne demised premises, the lessee must keep them in- sure and keep sure( j during the whole term (n) ; the covenant is broken insured. if they are uninsured at any time (o), although no inconvenience or loss may be occasioned to the land- lord ( p). The insurance must be made within a reason- able time after the execution of the lease, and if any delay occurs, the onus of showing that such delay is reasonable will rest on the tenant (ejEaen_interested in or entitled unto any house or other buildings (c), which may hereafter be burnt down, demolished or damaged by fire ; or upon any grounds of suspicion that the owner, occupier or other person who shall have insured such house or other buildings, have been guilty of fraud, or of wilfully setting their house, or other buildings, on fire, to cause the insurance money to be laid out, as far as the same will go, towards rebuilding, reinstating or repairing such (a) Doe v. Gladn-in, 6 Q. B. 953 ; 14 L. J., Q. B. 189. (b) Simpson v. Scottish Union Insurance Co., 1 Hem. & M. 618; 32 L. J., Ch. 329. (c) Trade fixtures pnt up by a tenant are not within these words, although the tenant has cove- nanted to deliver np the fixtures at the determination of the te- nancy. Ex parte Gorely, 34 L. J., Bk. 1 ; 13 W. R. 60. TAXES. 223 house, or other buildings so burnt down, demolished or damaged by fire ; unless the party claiming such in- surance money shall, within sixty days next after his claim is adjusted, give a sufficient security to the gover- nors or directors of the insurance office where such house, or other buildings, are insured, that the same insurance money shall be laid out as aforesaid ; or un- less the said insurance money shall be, in that time, settled and disposed of, to and amongst all the con- tending parties to the satisfaction of such governors or directors of such insurance office respectively (d). SECT. IX. Taxes. (1) Where there is no express agreement .. Taxes which fall on the landlord . . (2) Where there is an express agreement . . Agreements relating to property tax Payment of tithe rent-charge PAGE 223 223 225 225 225 Construction of agreements relating to payment of taxes 226 (1) Where there is no express Agreement. As a general rule, taxes and rates are payable in the Taxes which first instance by the tenant. In the following cases he i or d. may obtain repayment by deducting the amount from his next payment of rent : Where he has paid the landlord's share of the property tax () Manning y. Lunn, 2 C. & K. 13. See Christ's Hospital v. Harrild, 3 Sc. N. R. 126 ; 2 M. & Gr. 707. (0) See Palmer v. Harith, 14 M. & W., at p. 430. (r) Palmer Y. Earith, 14 M. & W. 428; 14 L. J., Ex. 256. See Brenster v. Kitchel, 2 Salk. 616. (<) Baiter v. Greenhill, 3 Q. B. 148. TAXES. 227 COVENANT to pay parochial taxes and assessments. Apparently includes a county rate (f). COVENANT, by lessee, to pay all such parliamentary, parochial and county, district and occasional levies, rates, assessments, taxes, charges, imposi- tions, contributions, burdens, duties and services whatsoever as during the term shall be imposed upon the premises. The lessee will be liable for the expense of executing drainage works done by the authority of" The Metropolis Local Manage- ment Act, 1855"(tt). COVENANT, by tenant of a house, to pay all taxes, rates, duties and assessments whatsoever which during the demise shall be imposed on the tenant or landlord of the premises demised in respect thereof, whether parliamentary, parochial or otherwise. Extends to a payment which the Jandlord has been obliged to make, under the Metropolis Local Management Acts, for the paving of the street (z). But if under a local improvement act the landlord's duty in the first instance is not to pay money but to pave the street, with a provision that, on default of the landlord, the council may pave and charge the landlord with the expenses thereof, or, by way of additional remedy, charge the occupier, who may deduct sums so paid from his rent ; a tenant who has entered into a covenant similar to that above mentioned will not be liable to (t) Reg. v. Aylesbury, 9 Q. B. (*) Thompson v. Lapnorth, 37 261. L. J., C. P. 74 ; L. R, 3 C. P. 149. (M) Sweet v. Seagcr, 2 C. B., See Payne v. Burridge, 12 M. & N. S. 119. W. 727 ; 13 L. J., Ex. 190. Q2 228 TERMS OF TENANCY. repay to the landlord the amount of such ex- penses (y). AGREEMENT to demise a farm at the yearly rent of 40J. payable quarterly, free of all outgoings. The landlord is entitled to a net rent payable free of land tax and tithe commutation rent- charge (z). COVENANT, by landlord, to pay land tax. The land- lord is only liable to pay land tax in proportion to the rent reserved to him, and not accord- ing to the rent upon which the premises are taxed (a). COVENANT to pay a yearly rent of 601. clear of all rates and assessments, sewer's rate and land tax excepted. Where the tenant, by building on the land, has increased its rateable value, he is only entitled to deduct the proportion of the sewer's rate and land tax payable upon the original rent (b\ COVENANT, by lessor, to pay all taxes now chargeable on the demised premises, and by lessee to pay all fresh taxes which shall hereafter be charged on the premises. The lessor must pay the taxes chargeable on the premises at the time of making the lease, but the lessee must pay all fresh taxes, and also all such additions to the amount of the taxes formerly chargeable, as are occasioned by the improved value of the premises (c). (y) Tidsrvell v. Whitmorth, 36 440; Watson v. Home, 7 B. & C. L. J., C. P. 103; L. R., 2 C. P. 285. See Ward y. Const, 10 B. 326. & C. 635. (z) Parish v. Sleeman, 1 De G., (&) Smith v. Humble, 15 C. B. F. & J. 326 ; 29 L. J., Ch. 96. 321 ; Hyde v. Hill, 3 T. R. 377. (a) 'Yam v. Leman, 1 Wils. 21; (<) Watson v. Atkins, 3 B. & Whitfieldv. BrandKOod,2 Stiufc. A. C47. See Graham v. Wade, QUIET ENJOYMENT. 229 SECT. X. Quiet Enjoyment. (1) Where there is no express agreement . . . . .. Implied contract for quiet enjoyment . . . . What constitutes an eviction .. .. . . (2) Where there is an express agreement Construction of restricted covenant for quiet enjoymen general covenant special covenants Damages for breach of covenant (1) Where there is no express Agreement. A contract for quiet enjoyment is implied under a Implied con- parol demise of a tenement (d). An action of covenant enjoyment. 1 "' will lie against the lessor upon the word " demise " in a lease by deed, for that word imports a covenant in law on the part of the lessor that he has good title, and that the lessee shall quietly enjoy during the term (e). But this implied covenant ceases with the estate of the lessor; hence if, under a lease made by a tenant for life (not contaiiaing any express covenant for quiet en- joyment) the lessee is evicted by the remainderman after the death of the lessor, the lessee cannot maintain an action upon an implied covenant for quiet enjoyment against the executor of the tenant for life (./") A per- son who lets premises agrees to give possession, and not merely to give a chance of a lawsuit (^). If he does not give possession the lessee may recover damages against 16 East, 29 ; Hurst T. Hurst, 4 Ex. 571 ; 19 L. J., Ex. 410. (rf) Bandy v. Cartrvright, 8 Ex. 913 ; 22 L. J., Ex. 285 ; Hall v. City of London Brewery Co., 2 B. & S. 737 ; 31 L. J., Q. B. 257. See Granger v. Collins, G M. & W. 458; Messent v. liey- nolds, 3 C. B. 194 ; 15 L. J., C. P. 226. () Per Littledale, J., in Bur- nett v. Lynch, 5 B. & C., at p. 609; Iggulden v. May, 9 Ves., at p. 330. (/) Adams v. Ctibney, 6 Bing. 656. See Pen/old v. Abbot, 32 L. J., Q. B. 67; 11 W. R. 169; 7 L. T., N. S. 384. ($>) Judgment in Coe v. Clay, 5 Bing. 440. 230 TERMS OF TENANCY. him, and is not obliged to bring ejectment against an occupier who wrongfully refuses to quit (A). One of the necessary consequences of the implied agreement on the part of every landlord for his tenant's quiet enjoy- ment is that the landlord, if himself a lessee, shall, by paying over to the superior landlord the rent received from the under-tenant, protect such under-tenant from the superior landlord's distress (?'). The covenant implied in the word " demise " will be qualified and restrained by an express covenant for quiet enjoyment (k ). Hence, the lessee, upon an eviction by a paramount title, cannot recover under the implied covenant if the lease contains an express covenant for quiet enjoyment against the lessor and those who claim under him (/). The implied indemnity is also limited to the wrongful entry of the lessor or of persons claim- ing under or paramount to him (TW). No action will lie upon it for an eviction of the tenant by a stranger (). What consti- To constitute an eviction of a tenant* by his landlord tfon. 8 which will operate as a suspension of rent, it is not necessary that there should be an actual physical ex- pulsion from any part of the premises; any act of a permanent character done by the landlord or by his authority, with the intention of depriving the tenant of the enjoyment of the premises as demised, or any part of them, will operate as an eviction (o). Whether such intention does or does not exist is a question for a (A) Coe v. Clay, 5 Bing. 440; N. C. 678; 5 Bing. N. C. 183. Jinks T. Edwards, 11 Ex. 775. (I) Merrill v. Frame, 4 Taunt. See Drury v. Macnamara, 5 E. 329. & B. 612 ; 25 L. J., Q. B. 5. (m) Smith L. & T. 285. (i) See judgment in Hancock? . (n) See Andrew's Case, Cro. j#yn,8Bing.,atp.366. SeeUpton Eliz. 214. v. Fergusson, 3 Moo. & Sc. 88. (o) Upton v. Tomnend, 17 C. B. (A) Line v. Stejthenson, 4 Bing. 30 ; 25 L. J., C. P. 44. QUIET ENJOYMENT. 231 jury (p). Where a tenant from year to year quits at the end of the current year without notice, and before the expiration of the next half-year the landlord lets the premises to another tenant, who occupies them, such letting constitutes an eviction of the previous tenant (q), and the landlord is not entitled to recover rent from him for the period which elapsed from the time when he quitted the premises to the time when the landlord relet them (r), or for any subsequent period during which they may be unoccupied (s). The landlord who relets should give notice to the former tenant that he lets the premises solely on such tenant's account (). If while a tenant is in the possession of premises, the landlord enters and uses any part of them, he thereby deprives himself of his claim to rent(). So also if after a tenant has left a house unoccupied, the land- lord enters and is in profitable occupation of the house, he cannot recover rent from the tenant after such occupation; but this result will not be produced by merely putting a person into the house to take care of it and prevent depredations (u). The landlord of apartments deserted by the tenant may recover rent, although he has put up a bill in the window for the purpose of letting them (#), or has lighted fires in the rooms and made some use of such fires (#). (P) Upton v. Tomnend, 17 C. (r) Hall v. Burgess, 5 B. & C. B. 30; 25 L. J., C. P. 44 ; Hen- 332. derson v. Mean, 28 L. J., Q. B. (*) Walls v. Atoheson, 3 Bing. 305 ; 7 W. R. 554. See Wheeler 462. v. Stevenson, 6 H. & N. 155 ; 30 (t) Griffith v. Hodges, I C. & L. J., Ex. 46. P. 419, 420. (q) Judgment of Holroyd, J., (w) Bird v. Defonvielle, 2 C. in Hall v. Burgess, 5 B. & C., at & K. 415. p. 333. () Redpath v. Roberts, 3 Esp. 225. 232 TKKMS OF TENANCY. Constrnction of restricted covenant for qniet enjoy- ment (2) Where there is an express Agreement. The ordinary covenant, by the lessor, for quiet enjoy- ment as against any person claiming by , from or under him, is broken by an eviction of the tenant by the lessor's widow entitled under a conveyance taken by the lessor to the use of himself and his wife (y) ; also by an eviction by a person claiming under a prior appoint- ment by the covenantor and another person (z) ; but a distress for arrears of land tax due from the lessor at the time of the demise will not operate as a breach (a). The lessee of a house and garden, forming part of a large area of building ground, is not entitled under this covenant to restrain the lessor or persons claiming under him from building on the adjoining land so as to obstruct the free access of light and air to the garden (i). When contained in a lease of the exclusive right of shooting and sporting over a farm, this covenant does not hinder the tenant of the farm from using the land in the ordinary way, or from destroying furze and under- wood in the reasonable use of the land as a farm ; and the lessor will not be liable for wrongful acts committed by such tenant contrary to the reservation of his land- lord (c). Under a covenant in the form above men- tioned contained in a lease of a stream of water, ex- cepting so much as should be sufficient for the supply of persons with whom the lessor should have already contracted, diversions occasioned by contracts made pre- viously to the demise will not constitute breaches () Hunter v. Hunt, 1 C. B. 300. 240 TERMS OP TENANCY. (1) Voluntary (b) Mode of making assignment Statutory requisites . . (c) Rights and liabilities of assignee. . As against lessor In what cases covenants run with lane Ktrect of re-assignment Continued liability of lessee . As against lessee . . . . Covenants to indemnify lessee Rights of assignee as to title . (d) Grant by landlord of his reversion (2) Involuntary . . . . . . (a) On death Of lessor . . . . . . . Of lessee (b) On bankruptcy of lessee . . (c) On conviction of lessee for felony 244 241 MS 245 246 24!) 250 250 250 251 252 253 253 253 254 256 S06 Where there is no express agreement. Where there is an express agreement. (1) Voluntary Assignments. (a) Right to assign. The right to assign, unless expressly restrained, is incident to the estate of every tenant (q}, except a tenant by sufferance. An assignment by a tenant at will determines the tenancy if the lessor has notice, but not otherwise (r). The lessor, either by proviso or covenant, may restrain the lessee from assigning ; and if the lessor grants the term subject to a condition that it shall cease if the lessee assigns, an assignment by the lessee will be void. But where the restraint is by covenant only, the lessee by assigning will commit a breach of covenant, but the assignment itself will not be void(s). A proviso against assignment without licence contained in a lease to the lessee, his executors, administrators AND ASSIGNS, is not (j) See Church v. Brown, 15 Ves., at p. 264. As to assign- ments of leases to which lunatics are entitled, see stat. 16 & 17 Viet, c. 70, s. 127. (r) Pinhorn v. Souster, 8 Ex. 763; 22 L. J., Ex. 266; Carpen- ter y. Colin*, Yelv. 73. See post, Chap. V., Sect. 1, (b). () See remarks of Holroyd, J., in Paul v. Nurse, 8 B. & C., at p. 488. ASSIGNMENTS. 21 1 repugnant; for the assigns mentioned in the proviso must.be understood to be such as the lessee may lawfully have, i. e. assigns by licence (). A covenant not to assiyn or otherwise part with the Construction demised premises or any part thereof without the not to assign. licence of the lessor does not extend to an involuntary assignment, upon the death (M) or bankruptcy of the lessee (x) ; or under a bond fide execution against him (y) ; or to a railway company under the Lands Clauses Consolidation Act (z) ; but if the tenant gives a warrant of attorney for the express purpose of having the lease taken in execution (a), or executes a deed assigning his property for the benefit of his creditors (6), he will commit a breach of the cove- nant. A trustee in bankruptcy (#), and perhaps also an executor or administrator where not named in the covenant, may dispose of the lease as assets, notwith- standing a proviso or covenant that the lessee shall not alien (M). It seems that the covenant will not be broken by a bequest of the term by the lessee (c). Depositing the lease with a creditor as security for an advance of money (r<>]H'rty, not to destroy condition of re-entry on breach of covenant by other co- lessees or in respect of re- maining pro- perty. to assign or underlet part only of the property, or to do any other such act as aforesaid in respect of part only of such property, such licence shall not operate to de- stroy or extinguish the right of re-entry in case of any breach of the covenant or condition by the co-lessee or co-lessees or owner or owners of the other shares or interests in the property, or by the lessee or owner of the rest of the property (as the case may be) in respect of such shares or interests or remaining property, but such right of re-entry shall remain in full force in respect of the shares or interests or property not the subject of such licence. Statutory requisites. Stat. 29 Car. 2, c. 3, s. 3. Assignments to be in writing. Stat. 8 & 9 Viet. c. 106, 8.3. Assignments void at law unless made by deed. (b) Mode of making Assignment. No leases, estates or interests, either of freehold or terms of years, or any uncertain interest, not being copyhold or customary interest, shall be assigned unless it be by deed or note in writing, signed by the party so assigning or (his) agent thereunto lawfully authorized by writing, or by act or operation of law. An assignment of a chattel interest, not being copy- hold, in any tenements or hereditaments shall be void at law, unless made by deed (0). (0) For the stamp duty on an assignment of a lease, upon a sale, see ante, p. 98, note (/). The duty on an assignment by way of security is as follows (stat. 33 & 34 Viet. c. 97) : (1 .) Being the only or principal or primary security for the payment or repayment of money not exceeding 251. Exceeding 251. and not exceeding 50* 501. 1001 ,, 10W. 150* 150?. 200* 200*. 250* 250*. 300* 300*. For every 100*. and also for any fractional part of 100*. of such amount ..026 -C . A 8 1 3 2 6 3 '.) 5 D 6 3 7 6 ASSIGNMENTS. 245 Any person shall have power to assign personal pro- Stat 22 & 23 perty, now by law assignable, including chattels real, s 21. directly to himself and another person or other persons Assignor may i i . i assign directly or corporation, by the like means as he might assign the to himself and same to another. another per- (c) Rights and Liabilities of Assignee. A mere deposit of a lease by way of equitable mort- l. As against gage does not render the person with whom it is depo- sited liable at law (/?) or, perhaps, in equity (y) for the rent or upon the covenants. An agreement to take an assignment of a lease, followed by possession on the part of the equitable assignee, does not entitle the lessor to sue him on the covenants in the lease (r). A person who has accepted a valid assignment from the lessee, although he has not taken possession of the premises (s), becomes liable for rent subsequently accruing, and for breaches committed subsequently to the assignment (t), of such of the lessee's covenants as run with the land. On the other hand, he is entitled to sue the lessor for breaches, committed subsequently (2.) Being a collateral, or auxiliary, or additional, or sub- stituted security, or by way of further assurance for the above-mentioned purpose where the prin- cipal or primary security is duly stamped : For every 1001. and also for any fractional part *. d. of 100Z. of the amount secured . . . . ..006 (p) Doe v. Roe, 6 Esp. 105. 112. (y) Moores v. Choat, 8 Sim. () Williams v. Bosanquet, 1 508 ; Robinson v. Roshcr, 1 Y. & B. & B. 238 ; Burton v. Barclay, C. C. C. 7. See Lucas v. Comer- 7 Bing. 745, 761. ford, 1 Ves. 235 ; Williams v. (t) St. Saviour's, Soirthrvark v. !: ns, 23 Beav. 239. Smith, 1 W. Bl. 351. See Jlam- (r) Cox v. Bishop, 8 DeG..M. kins v. Sherman, 3 C. & P. &G. 815; 26 L. J.,Ch. 389. But 459. see Clote v. Wilberforce, 1 Beav. 246 TERMS OF TENANCY. to the assignment (w), of such of the lessor's covenants as run with the land. The doctrine of covenants run- ning with the land applies only to covenants which are annexed to the estate by the indenture which creates the estate, and it seems that there is no case in which a mere assignment of a parol tenancy has been held to pass to the assignees the right to enforce collateral stipulations, unless the landlord has consented to the substitution of the assignee in the place of the original tenant, so as to create a new contract between them upon the terms of the previous tenancy (x}. The assignee of part of the demised premises is liable to an action on every covenant running with the land and affecting such part (y). He is not chargeable as assignee of the land for the entire rent (z), but after an assignment by the lessee of his interest in part of the demised land, the lessor may distrain upon that part for the rent which has accrued due for the whole (z). Where cove- In the following cases the burden and benefit of land. covenants pass with the land to the assignee : Where 1. Where a covenant in a demise of corporeal or incorporeal (a) " assigns" are , _. . . i / i not mentioned, hereditaments relates to a thing in esse, parcel ot the demise, the thing to be done by force of the covenant is quodammodo annexed and appurtenant to the thing () Lewes v. Ridge, Cro. Eliz. (C.) 3; Congham v. King, Cro. 863. Car. 221 ; judgment in Stevenson (ar) See judgment of Lnsh, J., v. Lambard, 2 East, at p. 580. in Elliott v. Johnson, 36 L. J., Q. (z) Curtis v. Spitty, 1 Bing. B., at p. 60 ; L. R, 2 Q. B., at p. N. C., at p. 760. 127. (a) Hooper v. Clark, 36 L. J., (y) Judgment of Tindal, C. J., Q. B. 79; L. R., 2 Q. B. 200; in Wollaxton v. Jfakewill, 3 M. Martyn v. Williams, \ IF. & N. & Gr., at p. 322; 10 L. J., C. P., 817; 26 L. J., Ex. 117. at p. 309 ; Com. Dig. tit. Covenant ASSIGNMENTS. 247 demised, and shall go with the land, and bind the assignee, although he be not bound by express words (5). Of this kind are the following covenants : Covenant by lessee to repair houses already built (c) ; to leave houses already built in repair (d) ; to pay rent (e) or to render services in the nature of rent(/); to allow deductions out of rent ( g] ; not to plough more than a certain quantity of land (/i) ; to reside upon the demised premises during the demise (z); to use a house as a private dwelling-house only (J) ; to insure against fire premises in London situate within the limits mentioned in stat. 14 Geo. 3, c. 78 (); (in a mining licence), to pay compensation for damage done to the surface (/); covenant by lessor for quiet enjoyment (m) ; and to supply the houses demised with water (n). Where a covenant relates to a thing not in esse at 2. Where the time of the demise, yet if it directly touches or con- mentioned, cerns the thing demised (o), and the word assigns is used (ft) Spencer's Case,, 5 Co. R. 16. (.;') Wilkinson v. Rogers, 2 (c) Dean and Chapter of De G., J. & S. G2; 12 W. K. 119. ]\'l minor's Case, 6 Co. B. 24; (A) Vernon v. Smith, 5 B. & Wakefield v. Brown, 9 Q. B. 209, A. 1; see ante, p. 223, note (d). 223 ; 15 L. J., Q. B. 373. (1) Norval v. Pascoe, 34 L. J., (d) Matures v. Westrvood,Cro. Ch. 82; 12 W. B. 973. Eliz. 599 ; Martyn v. Clue, 18 Q. (m) Noke v. Atvder, Cro. Eliz. B. 6G1 ; 22 L. J., Q. B. 147. 373, 436; Campbell v. Lewis, 3 B. (e) Stevenson v. Lumbar d, 2 & A. 392. East, 575, 580 ; Parker v. Webb, 3 () Jourdain v. Wilson, 4 B. & Salk. 5 ; Williams y. Bosanquet, A. 266 ; 2 Platt on Leases, 402. 1 Br. & B. 238. (o) Spencer's Case, 5 Co.B. 16 a; (/) Vyvyan v. Arthur, 1 B. & Thomas \. Hayrvard, 38 L. J., Ex. C. 410; see 2 My. & K. 541 ; 34 175, 176; L. R., 4 Ex. 311; Mayor L. J., Ch. 84. of Congletqn v. Pattison, 10 East, (g~) JBaylyev.Offord,Cro.C&r. at p. 135; Doughty v. Bowman, 137. 11 Q. B. 444, 454; 17 L. J., Q. B. (h) Cockson v. Cock, Cro. Jac. 111. But see Minslndl v. Oakeg, 125. 2 II. & N. 793; 27 L. J., Ex. (f) Tatem v. Chaplin, 2 II. Bl. 194. 133. 248 TERMS OF TENANCY. in the covenant, the assignee will be bound by, or may take advantage of it. The following covenants belong to this class : Covenant to build a wall () at any time during the term, notwithstanding the lessee has assigned his interest and parted with the possession of the premises, and the lessor has received rent from the assignee (^). The lessor may sue either the lessee or his assignee, or both at the same time, but he can only have execution against one of them ( p). To protect themselves from this continued liability, lessees, on assigning their leases, are entitled to require the assignees to indemnify them against future payment of rent and performance of covenants (r). Even exe- cutors, who cannot be compelled to enter into the ordinary covenants for title, may require a covenant of (TO) Valliant v. Dodemede, 2 . 646. () See per Ld. Denman in Wolceridge v. Steward, 1 Cr. & M., at p. 659. Per Parke, B., in Humble v. Langston, 7 M. & W., at p. 530 ; 10 L. J., Ex., at p. 445. (0) Judgment in Auriol v. Mills, 4 T. R., at p. 98. See Wadhuin T. Alar lone, 8 East, 314, note (c). (/;) Brett v. Cumberland, Cro. Jac. 521. See Bachflour v. Gage, Cro. Car. 188. (y) Barnard T. Godscall, Cro. Jac. 309. See Auriol v. MUh, 4 T. R., at p. 98 ; Stainet v . Morrix, 1 V. & B., at p. 11; Orgill v. Kemshead, 4 Taunt. 642. ASSIGNMENTS. 251 indemnity from their assignees (r). Upon a covenant of indemnity, contained in the assignment, the assignee will be liable to the lessee during the residue of the term, and he cannot relieve himself from this liability by re-assigning the lease. An assignee who has cove- nanted to indemnify the lessee against the covenants in the lease may, on re-assigning the lease, require a similar covenant from his assignee (s). During the continuance of the interest of each suc- cessive assignee there is a duty on his part to pay the rent and perform the covenants (). If the lessee in his capacity of a surety as between himself and the assignee for the payment of rent and performance of covenants(M), has paid the rent or discharged the obli- gation, he has his remedy over against the principal ( x} ; and he has the same remedy over against each subse- quent assignee, in respect of breaches committed during the continuance of the interest of each of them ; for the lessee is in effect a surety for each of them to the les- sor (y). The assignee is liable for a breach of any covenant running with the land, incurred in his own time, though the action is not commenced until after he has assigned the premises (z). Unless there is an express stipulation to the contrary, Rights as to (r) Staines v. Morris, 1 V. & 530; 10 L. J., Ex., at p. 445; B. 8. As to the construction of supra, p. 250. covenants of indemnity, see Cross- (#) Burnett v. Lynch, 5 B. & field v. Morrison, 1 C. B. 286 ; 18 C. 589. See judgment in Wal- ls. J., C. P. 135. veridge v. Steward, 1 Cr. & M., () See Staines v. Morris, 1 V. at pp. 659, 660. & B. 8, 13. (ay) Judgment in Mule v. Oar- (t) See Wolceridgev. Steward, rett, 39 L. J., Ex., at p. 73; 1 Cr. & M., at p. 659; Mule v. Wolreridge v. Steward, 1 Cr. & (inrrHt, 39 L. J., Ex. 69; L. R., M., at p. 660. ~> Kx. I::L'. (z) Jitirmit v. Li/nch, 5 B. & (u) Per Parkc, B., in llinnWc C. 589; Harley v. King, 2 Cr. M. v. Langston, 7 M. & W., at i>. & K. 18. 252 TERMS OF TENANCY. every contract for the sale of a lease contains an implied undertaking, available at law as well as in equity, to make out the lessor's title to demise as well as that of the vendor to the lease itself (i). But upon the sale of an agreement for a lease, there is no im- plied contract that the lessor has power to grant the lease (c). (d) Grant by the Landlord of his Reversion. Stat.32Hen. 8, Upon a grant by deed (rf) by a landlord of his rever- ' B> ' sion, the grantees " and the heirs, executors, successors Grantees of . reversion to and assigns of every of them, shall have like advantages remedies against the lessees, their executors, administrators and entr J for non-payment of rent, or for doing of waste or other forfeiture ; and the same remedies by action for not performing of other conditions, co- venants or agreements (running with the land (e) ) contained in the indentures of their said leases as the . said lessors themselves, or their heirs or successors had." Sect 2. All lessees of hereditaments for term of years, life or Lessees to lives, their executors, administrators and assigns, shall have same remedy against have like remedy against all persons and bodies politic, reversion as their heirs, successors and assigns, who shall have any hav^e had ^ or g rant f tne reversion of the same hereditaments against lessors. O r any parcel thereof, for any condition, covenant or agreement contained in the indentures of their leases, as the same lessees might have had against the said lessors, their heirs and successors. (&) Judgment of Ld. Denman, N. 357; 25 L. J., Ex. 287. C. J., in Souter v. Drake, 5 B. & (rf) Standen v. Christmas, 10 Ad., at p. 1002; Purvis v. Mayer, Q. B. 135; 16 L. J., Q. B. 205. 9 Price, 488. (e) Webb v. liussell, 3 T. E. (<) Kintrea v. Persian, 1 II. & 393, 402. ASSIGNMENTS. 253 Where the reversion upon a lease is severed, and the Stat. 22 & 23 rent is legally apportioned, the assignee of each part of 8 . 3. ' the reversion shall, in respect of the apportioned rent Where rever- allotted or belonging to him, be entitled to the benefit assignees of of all conditions or powers of re-entry for non-payment ^ p ^^ t O f of the original rent, in like manner as if such conditions &} } conditions ,,, 11. -i T- of re entry for or powers had been reserved to him as incident to his non-payment part of the reversion in respect of the apportioned rent allotted or belonging to him. All grants or conveyances, of any manors or rents, Stat. 4 Anne, or of the reversion or remainder of any messuages or Q on ^ e ancea lands, shall be good and effectual without any attorn- to be good without attorn- ment of the tenants of any such manors or of the land ment of tenant out of which such rent shall be issuing, or upon whose estates any such reversions or remainders shall be ex- pectant or depending. No such tenant shall be prejudiced or damaged by Sect. 10. payment of any rent to any such grantor, or by breach Tenant " ot to of any condition for nonpayment of rent, before notice by payment of rent to grantor shall be given to him of such grant by the grantee. before notice of grant. (2) Involuntary Assignments. (a) On Death. Arrears of rent accrued and payable in the lifetime 1. Of lessor, of the landlord go to his executor or administrator as part of his personal estate (/). Executors may sue upon any covenant with the testator which has been broken in his lifetime (g). But where the covenant runs with the land and descends to the heir, though there may have been a formal breach in the ancestor's (/) See 1 Williams on Exors. M. & R. 588, 598; 5 L. J., Ex. 733; Dollcn, v. Batt, 4 C. B., N. 45; Ricketts v. Weaver, 12 M. & S. 760; 27 L. J., C. P. 281. W. 718; 13 L. J., Ex. 195. (y) Raymond v. Fitch, 2 Cr. 254 TEEMS OP TENANCY. lifetime, yet if the substantial damage has taken place since his death, the heir is the proper plaintiff (A). 2. Of lessee. Upon the death of a tenant from year to year (z), or for a term of years, the lease vests in his executor or administrator. Even where a term of years is speci- fically bequeathed, it will, in the first instance, vest in the executor, by virtue of his office, for the usual purposes to which the testator's assets are applied, and the legatee has no right to enter without the executor's special assent (j). The executor or administrator cannot, ge- nerally speaking, refuse the lease, though it be worth nothing, for he must renounce the executorship in toto or not at all (A); but if the value of the land is less than the rent, and there is a deficiency of assets, he may waive the lease (/). He is liable, to the extent of the assets, for arrears of rent accruing and breaches of covenant committed during the life of the tenant (m). Although the executor or administrator does not enter into possession of the demised premises, he may be sued as assignee of the lease for rent due and breaches of covenant committed subsequently to the death of the lessee (n). But he may, by proper pleading, discharge himself from personal liability, by alleging that he is no otherwise assignee than by being executor or admi- nistrator of the lessee, and that he has never entered or taken possession of the demised premises ; and he may also discharge himself from all liability as executor, by (A) Kingdon v. Nottle, 1 M. & at p. 244. S. 355. See 2 Cr. M. & B. 698. (I) 2 Williams on Exors. 1591. (/) Doe v. Porter, 3 T. R. 13; (t) 2 Williams on Exors. 1587 James v. Sean, 15 Vea., at p. (5th ed.). 241. () Wollaston v. Ilakcwill, 3 0') 1 Williams on Exors. 601. M. & Gr. 297, 320 ; 10 L. J., C. (A) Per Denman, C. J., in P. 303. Rubery v. Stevens, 4 B. & Ad., ASSIGNMENTS. 255 alleging that the term is of no value, and that he has fully administered all the assets which have come to his hands (o). If the executor or administrator enters upon the demised premises, he becomes personally liable, so long as he continues in possession, for so much of the rent accruing due after the testator's death as the premises are worth (JD), i. e. the amount of rent for which they could have been let (17). When an executor is sued for use and occupation in his own right, he must show that his occupation is as executor, and that he entered in that character ; that he has no assets, and that the value of the land is not equal to the rent. Where the land yields some profit, but less than the rent, he may tender the amount of profit and plead a tender, or he may pay it into Court (r). The executor is liable to the same extent as any other assignee for any breaches of the covenants in the lease committed since the death of the tenant (s). But by assigning the term the executor or administrator may free himself from liability for subsequent rent and breaches of covenant (). Where an executor or administrator, liable as, such to Stat. 22 & 23 the rents, covenants or agreements contained in any (.gy.* lease or agreement for a lease granted or assigned to Executor or ... . . i i administrator the testator or intestate whose estate is being adminis- i n certain cases (o) Wollaston v. Hakewill, 3 (r) Patten v. Reid, 6 L. T., N. M. & Gr., at p. 321 ; 10 L. J., C. S. 281. P., at p. 308. () Tremeere v. Morlson, 1 (jp) See 1 Wms. Sannd. 112, Bing. N. C.89, 97; Sleapv.Nem- note(c); Rubery t v. Stevens, 4 B. man, 12 C. B., N. S. 116. See & Ad. 241, 245; Hopwood v. Buckworth v. Simpson, 1 Cr. M. Whaley, 6 C. B. 744; 18 L. J., & R. 834. C. P. 43; Hornidge v. Wilson, 11 (t) Taylor v. Shum, 1 B. & P. A. & E. 645. 21. See Collins v. Crouch, 13 Q. (<7) Uopmood v. Whaley, 6 C. B. 642; 18 L. J., Q. B. 209; B. 744; 18 L. J., C. P. 43. ante, p. 249. 256 TERMS OP TENANCY. not to IK; per- tcrcd, shall have satisfied all such liabilities under the Bonally liable npon lease after said lease or agreement for a lease as may have accrued due and been claimed up to the time of the assignment hereafter mentioned, and shall have set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum covenanted or agreed by the lessee to be laid out on the property de- mised or agreed to be demised, although the period for laying out the same may not have arrived, and shall have assigned the lease or agreement for a lease to a purchaser thereof, he shah 1 be at liberty to distribute the residuary personal estate of the deceased to and amongst the parties entitled thereto respectively, with- out appropriating any part, or any further part (as the case may be), of the personal estate of the deceased to meet any future liability under the said lease or agree- ment for a lease ; and the executor or administrator so distributing the residuary estate shall not, after having assigned the said lease or agreement for a lease, and having, where necessary, set apart such sufficient fund as aforesaid, be personally liable in respect of any sub- sequent claim under the said lease or agreement for a lease ; but nothing herein contained shall prejudice the right of the lessor, or those claiming under him, to follow the assets of the deceased into the hands of the person or persons amongst whom the said assets may have been distributed. (b) On Bankruptcy. Stat. 32 & 33 Until a trustee is appointed the registrar shall be the B. l \7. C ' trustee for the purposes of this act, and immediately Property of upon the order of adjudication being made, the property vest in trustee. f tne bankrupt (M) shall vest in the registrar. On the () See sect. 15. ASSIGNMENTS. L'",7 appointment of a trustee, the property shall forthwith pass to and vest in the trustee appointed. An option to call on the landlord to grant a lease passes, on the bankruptcy of the tenant, to the trustee, and may be assigned over by him (a:). A proviso or covenant against assignment will not prevent the lease containing it from passing to the trustee in bankruptcy, or hinder him from disposing of it (y). When any property of the bankrupt acquired by the Stat. 32 & 33 trustee under this act consists of land of any tenure g 23. burdened with onerous covenants, or of any other pro- Trustee may , , , , disclaim oner- perty that is unsaleable, or not readily saleable by reason O us lease. of its binding the possessor thereof to the performance of any onerous act, or to the payment of any sum of money, the trustee, notAvithstanding he has endeavoured to sell, or has taken possession of such property or exer- cised any act of ownership in relation thereto, may, by writing under his hand, disclaim such property, and upon the execution of such disclaimer the property dis- claimed shall, if the same is a lease, be deemed to have been surrendered on the date (of the order of adjudi- cation). Any person interested in any disclaimed pro- perty may apply to the Court, and the Court may, upon such application, order possession of the disclaimed pro- perty to be delivered up to him, or make such other order as to the possession thereof as may be just. The trustee shall not be entitled to disclaim any Sect. 24. property in pursuance of this act in cases where an application in writing has been made to him by any period not less . . J than twenty- person interested in such property, requiring such eight days trustee to decide whether he will disclaim or not, and son interested. O) Buckland y. Papillon, 36 795; Doe v. Sevan, 3 M. & S. L. J., Ch. 81; L. R., 2 Ch. 67. 353. See Wadham v. Marlowe, (y) Doe T. Smith, 5 Taunt. 8 East, 314, note. F. S 258 TERMS OF TENANCY. the trustee has for a period of not less than twenty- eight days after the receipt of such application or such further time as may be allowed by the Court, declined or neglected to give notice whether he disclaims the same or not. Stat. 33 & 34 Viet. c. 23, B. 10. Property of convict to vest in adminis- trator. Sect. 12. Sect. 14. (c) On Conviction of Lessee for Treason or Felony. Upon the appointment of any administrator all the real and personal property, including choses in action, to which the convict named in such appointment was, at the time of his conviction, or shall afterwards, while he shall continue subject to the operation of this act, become or be entitled, shall vest in such administrator for all the estate and interest of such convict therein. The administrator shall have absolute power to let, mortgage, sell, convey and transfer any part of such property as to him shall seem fit. The administrator may cause payment or satisfaction to be made out of such property of any debt or liability of such convict which may be established in due course of law, or may otherwise be proved to his satisfaction. Rights and liabilities of lessee and lessor. SECT. XIII. Live Stock. Upon a lease of a stock of live cattle, the lessee has the use and profits of them dm-ing the term ; and the lessor has only a possibility of property in case the cattle all outlive the term (z). If any of the cattle die during the term, the property in them vests absolutely in the lessee, and the lessor cannot claim to have them replaced after the term ; hence, he has no reversion to (z) Bac. Abr. (A.) 7. GAME. grant over to another, either during the term or after, until the lessee has re-delivered the cattle to him (z). All the young produced by the cattle during the term belong to the lessee (z). A covenant by the lessee of sheep or cattle, on behalf of himself and his assigns, at the end of the lease to deliver cattle or goods of the same value as those let to him, or to pay a certain price, is a personal contract only, and will not bind a person to whom the lessee has assigned the sheep or cattle (a). SECT. XIV. Game. Rights and liabilities of lessee and lessor . . . . . . . . 259 Statutory provisions . . . . . . . . . . . . 259 Construction of demise or reservation of right of shooting, &c. 260 special agreements relating to game . . . . 261 Rights and Liabilities of Lessee and Lessor. Nothing in this act contained shall authorize any Statutory pro- person holding any land to kill or take the game, or to k^tflt. I cC permit any other person to kill or take the game upon Will. 4, c. 32, such land, in any case where, by deed, grant, lease or . any written or parol demise or contract, a right of entry affect agree- upon such land for the purpose of killing or taking the to game. game shall be reserved by or given to any grantor, lessor or other person whatsoever. Where the landlord shall have reserved to himself Sect. 11. the right of killing the game upon any land, it shall ^^game is be lawful for him to authorize any other person or reserved may x authorize other persons, who shall have obtained an annual game cer- persons to pur- sue and kill it. (z) Bac. Abr. (A.) 7. (a) Spencer's Case, 5 Co. R. 16 a. 82 260 TERMS OF TENANCY. tificate, to enter upon such land for the purpose of pur- suing and killing game thereon. Sect. 12. Where the right of killing the game upon any land belongs 8 ^ 6 sna ^ ^ e specially reserved by or granted to, or shall landlord, occu- belong to. the landlord, or any person whatsoever other pier to be sub- J ject to penalty than the occupier of such land, then, if the occupier of killing it. such land shall pursue, kill or take any game upon such land, or shall give permission to any other person so to do, without the authority of the landlord or other person having the right of killing the game upon such land, such occupier shall, on conviction thereof before two justices of the peace, forfeit and pay for such pur- suit such sum of money not exceeding two pounds, and for every head of game so killed or taken such sum of money not exceeding one pound, as to the convicting justices shall seem meet, together with the costs of the conviction. Construction Under a demise or reservation of the exclusive right reservation of f hunting, shooting , fishing and sporting over a farm, right of shoot- tne p erson entitled to shoot over the farm must not ing, etc. trample fields of standing crops at a time when it is not usual or reasonable to do so (b). He has no right to bring rabbits or other game on to the farm ; and he is liable for damage done to the crops by rabbits so brought on without the leave of the occupier (6). The reserva- tion includes whatever is ordinarily known as " hunting, shooting, fishing and sporting," and under it the tenant of the land is not entitled to shoot rabbits (c). He may, however, use the land in the ordinary and rea- sonable way; but must not resort to expedients for (J) Hilton T. Green, 2 F. & F. row v. Ashbitrnham, 4 L. J., K. 821 ; Birkbeck v. Paget, 31 Beav. B. 146. 403. As to contracts by landlord (<) Jeffryes v. Erans, 34 L. J., to kill hares and rabbits, see Bar- C. P. 261, 263; 19 C. B., N. S. 246. GAME. 261 driving the game away (c). The destruction of furze and underwood in such reasonable use of the land, is no eviction from the right of shooting (c). It seems that a grant of leave to hunt over premises does not give the grantee the liberty of shooting over them (d). EXCEPTION of liberty for each tenant on his farm to Construction kill rabbits with ferrets only (in a demise of a ag^ments house and land with sole licence of shooting and relatin S to game. sporting over lands, plantations and coverts of the lessor]. The exception extends not only to farms existing at the time of the demise, but also to plantations, &c., which are subsequently let as farms (e). GRANT to a person, his heirs and assigns, of free liberty, with servants or otherwise, to come into and upon lands and there to hawk, hunt, fish and fowl. Is a grant of a licence of profit, and not of a mere personal licence of pleasure ; therefore it authorizes the grantee, his heirs and assigns, to hawk, &c., by his servants in his absence (jf). GRANT to lessee of right of sporting over land demised and other lands, " in common with the lessor, his heirs and assigns, and any friend of his or them" The exercise of the privilege is not con- fined to a single friend at a time (g). (c) Jeff ryes v. Evans, 34 L. J., (e) Netcton v. Wilmot, 8 M. & C. P. 261, 264; 19 C. B., N. S. W. 711. 246. (/) Wic kham v. HawTter, 1 M. ( (b) Notice to quit . . . . . . . . 265 Length of notice . . . . . . 265 When to be given . . . . 266 Form of notice 269 By whom given . . . . . . 270 To whom given . . . . . . 271 Mode of service . . . . . . 271 Waiver of notice 272 (c) Verbal disclaimer . . . . . . 274 (4) Determination of tenancies for optional terms of years . . . . . . . . . . . . 275 (5) Determination of tenancies for life . . . . 275 II. MODES GENERALLY APPLICABLE 277 (1) Merger 277 (2) Surrender 278 Express 278 Implied 279 (3) Forfeiture 283 (a) Where there is no express proviso for re-entry . . . . . . . . 283 ( b) Where there is an express proviso . . 284 Demand of rent 284 (c) Waiver of forfeiture 286 (d) Relief against forfeiture . . . . 288 SECT. I. Modes applicable to particular kinds of Tenancy. (1) Determination of Tenancy at Sufferance. TENANCY at sufferance may be determined at any time by landlord or tenant without any demand of possession or notice to quit (a). (a) Doe v. Turner, 7 M. & W., Stark. 308 ; Doe v. Mvrrell, 8 C. at p. 235; Doe v. Lander, 1 & P. 134; Doe v. Maitey, 8 B. & .MODKS AIM'UCAI'.LE TO rARTKTLAi; KINDS. 263 (2) Determination of Tenancy at Will. Every lease at will must in law be at the will of both 1. Expir i parties, and therefore when the lease is made, to have r By landlord. and to hold at the will of the lessor, the law implies it to be at the will of the lessee also (b). The landlord may determine a tenancy at will, expressly, by stating his will to be that the tenant shall leave (c) ; or by de- manding possession (rf); or sending for the keys(e). Anything which amounts to a demand of possession, although not expressed in precise and formal language, will indicate the landlord's will to determine the te- nancy (y) ; hence a letter from the agent of the land- lord to the agent of the tenant, stating that unless the tenant pays what he owes, the landlord will take im- mediate measures to recover possession of the property, is a sufficient manifestation that the tenancy is to determine (f). By words spoken off the demised premises the will is not determined until the lessee has notice (g). The tenant may expressly determine the tenancy by By tenant, declaring that he will no longer hold possession of the premises, and quitting them accordingly ; but the mere declaration will not produce this effect (A). The landlord may impliedly determine a tenancy at 2. Implied will by acts showing an intention that it should no _ * By landlord. longer exist ; as, for instance, by making a lease of the premises to another, to commence presently (i) ; or by C. 767; see Wallis v. Delmar, 29 N. S. 371. L. J., Ex. 276. (/) Judgment of Tindal, C. J., (b) Co. Lit. 55 a. in Doe T. Price, 9 Bing., at p. (c) Pollen v. Brewer, 7 C. B., 358. See Locke v. Matthews, 18 N. S. 371, 373. C. B., N. S. 753; 11 W. R. 343. (d) Doe T. Jones, 10 B. & C. (0) Co. Lit. 55 b. 718, 721. (h) Co. Lit. 55 b, note 373. (e) Pollen v. Brener, 7 C. B., (i) Dintdale v. He*, 2 Lev. 88, 264 DKTKKM I NATION OF THE TENANCY. entering upon the land, without the tenant's consent, to cut and carry away trees or stone (A), provided such trees and stone are not excepted from the demise (/); or by agreeing to sell the freehold to the tenant (m). It seems that the bankruptcy of the landlord will ope- rate as a determination of a tenancy at will, if tl it- tenant has knowledge thereof(n). Where the act by which the intention of the landlord to determine the tenancy is manifested is done on the demised premises, it is presumed that the tenant is there and knows of it ; but if the act relied upon be done off the premises, it is requisite that the landlord should give the tenant notice that he determines the tenancy (o). By tenant. The tenant may impliedly determine the tenancy at will by granting an underlease (jo), or assigning the premises (provided the landlord has notice) (q) ; or by committing waste (r). The general doctrine is that the death of either landlord or tenant will operate as a determination of the will (s) ; but it would rather seem that a tenancy at will may continue after the death of one of the parties, unless the heir, or legal representa- tive, does something to manifest his intention to deter- mine the tenancy (). (A) Doe \. Turner, 7 M. & W. Wright, 1 T. R., at p. 382. 226; 9 M. & W. 643. (?) Pinhorn v. Saunter, 8 Ex. (Z) Co. Lit. 55 b. 763, 772; 22 L. J., Ex. 266; Car- (m) See judgment of Lord penter v. Colins, Yelv. 73. Eldon, C., in Daniels Y. Darison, (r) Co. Lit. 57 a. 16 Ves., at p. 252. (*) Judgment in James v. Dean, (n) Doe v. Thomas, 6 Ex. 854; 11 Ves., at p. 391; Co. Lit. 57 b. 20 L. J., Ex. 367. See Doe v. Rock, Car. & M. 549, O) Per Parke, B., in Pinhorn 553; 11 L. J., C. P. 194. v. Sautter, 8 Ex., at p. 770. See () Judgment in Morton v. Sail v. Cullimore, 2 Cr., M. & R. Woods, 38 L. J., Q. B., at p. 87; 120. L. R., 4 Q. B , at p. 306. (p) Judgment in Birch v. MODES APPLICABLE TO PARTICULAR KIM. 265 (3) Determination of Tenancy from Year to Year. (a) When determinable. A tenancy from year to year may be determined at the end of the first or any subsequent year (u} ; unless, in creating the tenancy, the parties use expressions showing that they contemplate a tenancy for two years at least (x). A tenancy " for one year certain, and so on from year to year," cannot be determined before the end of the second year (y ). (b) Notice to quit. "Where no express stipulation is made between the Length of parties as to the length of notice required to be given, ,l e ' it seems that this may be regulated by custom (z} ; but there is no there must be strong evidence of such custom (a). If no such custom exists, it is a general presumption of law, that if an estate from year to year is created, and nothing is said about determining it, the notice intended is half-a-year's notice, expiring at the end of some current year of the tenancy (/>). There is some uncertainty as to the length of the notice required to determine a quarterly, m^^ily, or weekly tenancy. It does not appear to have ^er been decided, that in the case of an ordinary monthly or (?0 Doe v. Smaridge, 7 Q. B. & C. 48; 31 L. J., Ex. 506. 9o7; 14 L. J., Q. B. 327. See (z) Roe v. Wilkinson, cited in 'lliompson v. Maberly, 2 Camp, .note 228 to Co. Lit. 270 b. Sec 573. Roe v. Cltarnock, Peake, N. P. C. (a?) Doe v. Smaridge, 1 Q. B., 4; also judgment in Doe \.Snoiv- at p. 959. See Denn v. Cart- don, 2 W. Bl., at p. 1225. iiTi//kt, 4 East, 29 ; Doe v. (a) Roe v. Charnock, Peake, at Mainby, 10 Q. B. 473; 16 L. J., p. 5. Q. B. 303. ( b) Judgment of Erie, C. J., in (y) Doe v. Green, 9 A. & E. Bridges v. Potts, 33 L. J., C. P., 658; Reg. v. Chanton, 1 Q. B. at p. 343; 17 C. B., N. S., at p. 247. See Jones v. JVi.w/i, 1 H. 332. 266 DKTKKMINATION OF THE TENANCY. weekly tenancy, a month's or week's notice to quit must be given. A tenant who enters upon a fresh week may be bound to continue until the expiration of that week, or to pay the week's rent ; but that is a very dif- ferent thing from giving a week's notice to quit (c). A weekly tenancy cannot, however, be determined without some notice (d), and the safest course is to give a notice corresponding to the letting, i. e., a week's notice in a weekly letting, and a month's notice in a monthly letting (e). 2. Where The parties to the tenancy may alter the notice there is an ex- j , , ,1 ,, .-, press agree- necessary to determine it ; thus, they may agree that a three months' notice, or even a week's notice, shall be sufficient (y), and they may also stipulate that the no- tice shall expire at any period of the year(y). Where there is no express or implied stipulation, the notice agreed upon between the parties must be given so as to expire at the end of some current year of the tenancy (A). Thus, an agreement by a tenant from year to year to quit at a quarter's notice, means a quarter's notice ex- piring at the end of some year of the tenancy (h). Period with The implied condition as to the notice expiring at whichnotice ^6 en ^ ^ some 7 ear f tne tenancy renders it impor- must be given. ^^ ^^ ^e time of commencement of the tenancy should be correctly ascertained. The question at what (c) Per Parke, B., in Huff ell (g) See Bridges Y. Potts, 17 v. Armit stead, 7 C. & P., at p. C. B., N. S. 333; 33 L. J., C. P. 58. But see Doe v. Hazell, 1 338, 343 ; Doe v. Grafton, 18 Q. Esp. 94; Doe -i. Raffan, 6 Esp. 4. B. 496; 21 L. J., Q. B. 276; Col- (d) Jones v. Mills, 10 C. B., lett v. Curling, 10 Q. B. 785; 16 N. S. 788, 796; 31 L. J., C. P. 66. L. J., Q. B. 390. () See per Williams, J., in (A) Doe v. Donovan, 1 Tannt. Jones v. Mills, 10 C. B., N. S., at 555 ; 2 Camp. 78; Kemp v. Der- p. 798. rett, 3 Camp. 510. See Bridges (/) Judgment of Erie, C. J., v. Potts, 17 C. B., N. S. 333; 33 in Bridges v. Potts, 33 L. J., C. L. J., C. P. 338. P., at p. 343. MODES APPLICABLE TO PAItTlCULAR KINDS. 267 period a tenancy began is a matter for the decision of a jury, upon a consideration of all the facts (z). If the tenant alleges that a notice to quit given to him does not correspond with the time at which his tenancy com- menced, it is incumbent on him to prove the true time of commencement (A). When a tenant, on being applied to respecting the Admissions br commencement of his holding, informs the person making the inquiry that it begins on a certain day, and notice to quit on that day is given at a subsequent time, the tenant will not be allowed to set up a holding from a different day (1). It makes no difference whe- ther the information so given proceeds from mistake or design (/). The mere notice to quit, at a certain time, given by the landlord, is not, in itself, evidence of a holding from that time (m) ; but if it be served per- sonally on the tenant, and he make no objection at the time, this is prima facie evidence from which a jury may find that the tenancy commenced at the period specified in the notice (n\ The tenant, however, is not precluded from afterwards insisting on the insufficiency of the notice (o). Where a tenant continues in possession after the ex- Where tenant piration of his lease without having entered into any 8 j on a f ter ex- new contract, he holds upon the former terms as to the time of quitting (/>). If he assigns his interest, the (i) Walker v. Gode, 6 H. & N. 405; Thomas v. Thomas, 2 Camp. 594; ante, p. 56. 647; Doe \. Biggs, 2 Taunt. 109. (i) Doe v. Wrightman, 4 Esp., (0) Oakapple v. Copous, 4 T. at p. 7. R. 361. (I) Doe v. Lambley, 2 Esp. (p) See judgment in Doe v. 635. Sell, 5 T. R., at p. 472; Roe v. (m) Per Lord Ellenborough, C. Ward, 1 H. Bl. 96; Doe v. Waller, J., in Doe v. Forster, 13 East, at 7 T. R. 478. See Doe v. Dobell, p. 406. 1 Q. B. 806; Humphreys v. (n) Doe v. Fortter, 13 East, Franks, 18 C. B. 323. 268 DETERMINATION OF 'I UK TENANCY. Where tenant enters under void lease. Where tenant enters on different parts of demised premises at different times. Where tenant enters between two quarter days. tenancy of the assignee will also be held to commence on the same day as the original lease (. (y) Doe v. Matthews, 11 C. B. 675. MODES APPLICABLE TO PARTICULAR KINDS. 269 Where any doubt exists as to the period at which the Form of notice, current year of the tenancy expires, the notice to quit may be expressed in general terms, requiring the tenant to quit at the end of the current year of his tenancy, which shall expire next after the end of one half-year from the date of the notice (z). It is not essential that a notice to quit should be in Avriting(a), or that it should state to whom possession is to be delivered up(i). Tt must, however, be expressed with reasonable cer- tainty, not giving an option to the tenant to quit or to do something else (c). A notice to quit on one of two days is good, if served six months before the day on which the tenancy commenced (rf). An error in the description of the premises will not invalidate the notice if the person to whom it is given has not been misled by it (e), and a mistake in the Christian name of the tenant will not be fatal if the notice is kept by him without objection (y). A notice to quit a part only of premises leased together is void ( g\ (r) Doe v. Butler, 2 Esp. 589; by, or on behalf of, the landlord, Doe v. Steel, 3 Camp., at p. 117; may be in the following form, Doe v. Smith, 5 A. & E. 350; the words between brackets being Doe v. Timothy, 2 C. & K. 351. used when the notice is by an (a) Doe v. Crick, 5 Esp. 196 ; agent: Jiinl v. Defonvielle, 2 C. & K. 415; Roe v. Pierce, 2 Camp. 96. To Mr - c - D - (i) Doe v. Foster, 3 C. B. 215. I hereby [as agent for and on (e) See Doe v. Goldtcin, 2 Q. behalf of Mr. E, P., your land- B. 146. But see Roberts v. Hay- lord] give you notice to quit and ward, 3 C. & 1 J . 432. deliver up possession of the pre- (d) Doe v. Wright-man, 4 Esp., raises, situate at , in the at p. 6. county of , which yon now (e) Doe d. Cox, 4 Esp. 185; hold of me [Aiiw], on the Doe v. Wilkinson, 12 A. & E. day of next, or at the ex- 743. piration of the year of your (/) Doe v. Spiller, 6 Esp. 70. tenancy thereof, which shall ex- (g) Doe v. Archer, 14 East, pire next after the end of one 245. A notice to quit, given half-year from the date of this 270 DETERMINATION OF THE TENANCY. By whom notice may be given. Agents. The notice may in all cases be given by either land- lord or tenant. The notion, thrown out by Lord Mans- field, of a tenancy from year to year, in which the lessor binds himself not to give notice to quit, has been long exploded (A). It may be stipulated, that, upon a par- ticular event, the lessee may quit without notice (i). A notice to quit, given by the landlord, must be such as the tenant may safely act on at the time of receiving it (A) ; that is one Avhich is in fact, and which the tenant has reason to believe to be then binding on the land- lord (Z). A notice to quit given without authority will not be made valid by the subsequent adoption or ratifi- cation of the landlord (). It is not essential to the validity of a notice to quit given by a general agent, that his agency should appear on the face of the docu- ment ( /). There is, however, a distinction in this re- spect between a general agent and one having a special or limited authority (/), and in the case of the latter, it would appear, that a notice is bad, if it does not state that it is given by authority or in the name of the prin- cipal (7/1). notice. Dated the ,18. day of E. F. [R. S., agent for the said E. V.~\ A notice to quit, given by, or on behalf of, the tenant, may be in the following form, the words between brackets being used when the notice is by an agent : To Mr. E. F. I hereby [as agent for and on behalf of Mr. C. D., your tenant] give you notice that on the day of next I shall [he will] quit and deliver up possession of the premises situate at , in the county of , which I [he] now hold [holds] of you as tenant thereof. Dated the day of , 18. C. D. [R. S., agent for the said C. D.] (A) Per Lawrence, J., in Doe v. Browne, 8 East, at p. 167. (/) Bethell v. Blencoree, 3 M. & Gr. 119. (*) Doe v. Goldnin, 2 Q. B. 143 ; 10 L. J., Q. B. 276, 277 ; Doe v. Walters, 10 B. & C. 626. (Z) Judgment in Jones v. Phipps, 37 L. J., Q. B., at p. 201; L. R., 3 Q. B., at p. 672. (m) Doe v. OoUicin, 2 Q. B. 143; 10 L. J., Q. B. 276. See judgment in Jones v. Phipps, 37 MODES APPLICABLE TO PARTICULAR KINDS. 271 A cestui que trust, who has been permitted for many Cestui qua" years by the trustees to have the entire management of * the trust estates (n), and a receiver appointed by the Receiver. Court of Chancery, with a general authority to let lands to tenants from year to year (0), are deemed general agents, and may give valid notices to quit in their own names. A notice to quit, signed by one of two joint Joint tenant, tenants on behalf of the other, is sufficient to put an end to a tenancy from year to year as to both (/>). An assignee of the reversion may avail himself of a notice to quit given by the preceding owner (y). A notice to quit proceeding from the landlord must To whom ^M VCI1 be served upon the original tenant (r). Since there is no privity of contract between the landlord and an under-tenant, the landlord cannot entitle himself to recover against such under-tenant by giving a notice to quit in his own name (r). It is not necessary that the notice should be directed Mode of ser- to the tenant if it can be proved to have been delivered to him in proper time (s). It may be either served upon him personally, or upon his attorney (t) ; or it may be left with his wife (u) or servant at his dwelling- house (x), but in this case an explanation of the nature of the notice should be given at the time when it is L. J., Q. B., at p. 201 ; L. R., 3 (q) Doe v. Fonvood, 3 Q. B. Q. B., at p. 572. 627. () Jones v. Phipps, 37 L. J., (r) Pleasant v. Benson, 14 Q. B. 198 ; L. R., 3 Q. B. 667. East, 234. 0) Wilkinson v. Colley, 5 Burr. (*) Doe v. WrigMman, 4 Esp. 5. 2694; Doe v. Read, 12 East, 57. (t) See Doe v. Ongley, 10 C. (p) Doe v. Summersett, 1 B. & B. 25; 20 L. J., C. P. 26. Ad. 135 ; Doe v. Hulme, 2 Man. (w) Pulteney v. Shelton, 5 Ves. & Ry. 434; Doe v. Hughes, 7 M. 260, note (a). & W. 139, 141. (x) Jones v. Marsh, 4 T. R. 464. 272 DETERMINATION OF THE TENANCY. served (z). The service of a notice upon the demi-c -.1 premises on one of two tenants, holding under a joint. demise, is presumptive evidence that the notice reached the other (a). A notice put under the door of the tenant's house will be valid, if it can be proved to have come to the tenant's hands half a year before the ex- piration of the current year of the tenancy (b). Where a, corporation is the tenant, the notice to quit may be served on one of its officers (e). If the notice proceeds from the tenant, it should be given to his immediate landlord or to the attorney or agent of such landlord authorized to receive such notices, and not to a mere collector of rents (d ). When a notice is sent by post to the landlord or his agent, it seems that the day on which the letter is delivered will be considered as the time at which the notice is given (e\ It is sufficient if the notice sent by post can be proved to have reached the office of the person on whom it is served at any time during the last day on which service can be made, although after business hours (/). At the time of service of a notice to quit, a memorandum of the fact of such service should be indorsed upon a duplicate of the notice Waiver of \ If, after the expiration of a notice to quit, the parties notice to quit. (z) See Doe \. Lucat, 5 Esp. (d) Pearte v. Boulter, 2 F. & 153 ; Smith v. Clark, 9 Dowl. F. 133. 202. 0) See 1kg. v. Slanstone, 18 (a) Doe v. Watkins, 7 East, Q. B. 388 ; Reg. v. Recorder of 551. See Doe v. Crick, 5 Esp. Richmond, E. B. & E. 253. 196. (/) See Papillon v. Brunton, {b) Alford v. Tvikery, Car. & 5 H. & N. 518, 522; 29 L. J., Ex. M. 280. See Doe v. Hall, 5 M. 265. & Gr. 795. (g) See Doe v. Turford, 3 B. & (c} Doe v. Woodman, 8 East, Ad. 890; Doe T. Somerton, 7 Q. 228. B. 58; 14 L. J., Q. B. 210. MODES APPLICABLE TO PARTICULAR KINDS. 273 by their acts unmistakably acknowledge a subsisting tenancy between them, the notice will be deemed to be waived (/t). A second notice to quit is considered as Second notice such an acknowledgment (z), unless, under the circum- qui stances of the case, the person to whom it is given would not understand it as waiving the former no- tice (k). A landlord may waive a notice to quit by accepting, Acceptance of either personally (/), or by an agent specially authorized to receive it (m), rent(/) due for the occupation of premises after the expiration of the notice (w) ; or by distraining for rent accruing thereafter (o). A mere de- mand of rent, due after the expiration of the notice (p), or a holding over or accidental detention of the key by Holding orer. the tenant after that event (>), does not necessarily operate as a waiver of the notice. When a valid (r) notice to quit is given by landlord or tenant, the party to whom it is given is entitled to count upon it, and it cannot be withdrawn without the consent of both parties. If such consent is given, there is a new agreement between the parties, and a new tenancy is created which exists only under that new agreement; consequently a guarantor of the rent under the original tenancy is not liable for rent which became due after (A) See Doe v. Palmer, 16 East, (0) Zouch v. Willingale, 1 H. 53, 56. Bl. 311. The landlord cannot (i) Per Lord Ellenborough, in distrain for such rent, unless a new Doe v. Palmer, 16 East, at p. 56. tenancy has been created; ante, (A) See judgment in Doe v. pp. Ill, 131. Humphrey g, 2 East, at p. 240 ; (p) Blyth v. Dennett, 13 C. B. Doe v. Steele, 3 Camp. 117. 178; 22 L. J., C. P. 79. (I) Ooodright v. Cordnent, 6 (q) Jenner v. Clegg, 1 Moo. & T. R. 219. Rob. 213, 215; Gray v. Bompat, (m) See Doe v. Calrert, 2 Camp. 1 1 C. B., N. S. 520. See Jones v. 387. Shears, 4 A. & E. 832. () See Doe v. Batten, Cowp. (r) See Doe v. Milrvard, 3 M. 243. & W. 328. F. T 274 DETERMINATION OF THE TENANCY. the time when the notice would have expired (*). An agreement by the landlord, at the request of the tenant, to suspend the exercise of his rights under the notice to quit, will not operate as a waiver of the notice, or as a licence to the tenant to be on the premises otherwise than subject to the landlord's right of acting on such notice if necessary (#). (b) By verbal Disclaimer. What amounts If a tenant from year to year, verbally or in writing, unequivocally denies the title of his landlord, and re- nounces his character of tenant, either by setting up title in another, or by claiming title in himself (M), the tenancy may be determined by the landlord without any notice to quit (M?). It seems that whether a par- ticular expression does or does not amount to a dis- claimer, is a question for the decision of a jury ( x). An omission to acknowledge the landlord as such, by re- questing further information, will not be enough ; nor will a mere refusal to pay rent. A refusal to deliver possession, or a declaration by the tenant that he will continue to hold possession, cannot have that effect, at a time when the landlord has no right to claim it (y). () Taylewrv.Wildin,3TL.3., judgment in Doe v. Pasquali, Ex. 173, 174; L. R., 8 Ex. 303, Peake, N. P. C., at p. 197; Doe 305 ; Slyth v. Dennett, 13 C. B. v. Frond, 4 Bing. 557 ; Doe v. 178; 22 L. J., C. P. 79. Gnibb, 10 B. & C. 816; Doe v. (f) Whiteacre T. Symonds, 10 Rollings, 4 C. B. 188 ; 17 L. J., East, at p. 16. C. P. 268 ; Doe v. Thompson, 5 () Per Tindal, C. J., in Doe \. A. & E. 532; Doe v. Evans, 9 M. Cooper, 1 M. & Gr., at p. 139. & W. 48; Doe v. Gomer, 17 Q. See Jones v. Mills, 10 C. B., N. B. 589 ; 21 L. J., Q. B. 57. S. 788 ; 31 L. J., C. P. 66 ; Doe (#) See Doe T. Long, 9 C. & P. v. Candor, 1 Cr., M. & R. 398 ; 773. Hunt v. Allgood, 10 C. B., N. S. (y) See judgment in Doe v. 253 ; 30 L. J., C. P. 313. Stanion, 1 M. & W., at p. 703. (n>) Doev.Whittick,Gow,l95-, MODES APPLICABLE TO PARTICULAR KINDS. 275 (4) Determination of Tenancies for optional Terms of Years. If a lease is made determinable at certain specified By whom periods, and nothing is said as to the person by whom exercised!"^ the option is to be exercised, the lessee only can exer- cise it(z); but a lease which is made determinable " if the parties think fit," is determinable only by con- sent of both parties (a). A proviso whereby the option to determine a lease is given to either of the parties, his executors or administrators, extends to the devisee of the lessor, who is entitled to the rent and reversion (4). Where the proviso requires notice to be given in writing of the intention to exercise the option to determine the lease, such notice will be good though given in the form of a notice to quit (c). The notice will be invalid if it varies from the terms of the proviso as to the time at which the option is to be exercised (d ). (5) Determination of Tenancies for Life. Any person who shall have any claim to any re- Statutory . i . . provision for mainder, reversion or expectancy in or to any estate production of after the death of any person whatsoever, upon affidavit P ersons on (z) Price v. Dyer, 17 Ves., at am desirous of putting an end to p. 363 ; Dann v. Spurrier, 3 B. the term granted hy an indenture & P. 399; 7 Ves. 231; Doe v. of lease dated the day of , Dixon, 9 East, 15. 18 , and made between [your- () Fomell v. Tranter, 3 H. & self] of the one part and [myself] C- 458 ; 34 L. J., Ex. 6. of the other part, at the end of the (Jb) Roe v. Hayley,\2~E&&i, 464. first [seven] years of the said (0) Glddens v. Dodcl, 3 Drew. term, in pursuance of a proviso 485; 25 L. J., Ch. 451. Notice contained in the said lease. Dated may be given by the lessee, in the the day of , 18 . following form : C. D. To Mr. E. F. (d) See Cadby v. Martinez, 11 I hereby give you notice that I A. & E. 720. T 2 276 DETERMINATION OF THE TENANCY. whose lives estates are held. Stat. 6 Anne, c. 18, s. 1 (). Persons claim- ing in remain- der after death of any person may obtain production of cestui que tie. If cestui que vie not pro- duced, to be taken to be dead. made in the Court of Chancery by the person so claim- ing such estate, of his title, and that he hath cause to believe that such person is dead, and that his death is concealed by (any) guardian, trustee, husband or any other person, may, once a year, if the person aggrieved shall think fit, move the Lord Chancellor to order ; and (he is) hereby authorized and required to order such guardian, &c. concealing or suspected to conceal such person, at such time and place as the said court shall direct, on personal or other due service of such order, to produce to such person and persons, not exceeding two, as shall in such order be named by the party prosecuting such order, such person aforesaid ; and if such guardian, &c. shall refuse or neglect to produce such person on whose life any such estate doth depend according to the directions of the said order, the Court of Chancery is hereby authorized and required to order such guardian, &c. to produce such person in the Court of Chancery or otherwise, before commissioners to be appointed by the said Court, at such time and place as the Court shall direct, two of which commissioners shall be nominated by the party prosecuting such order at his costs ; and in case such guardian, &c. shall refuse or neglect to produce such person in the Court of Chancery, or before such commissioners, the said person shall be taken to be dead, and it shall be lawful for any person claiming any interest in remainder or reversion or otherwise after the death of such person, to enter upon such lands, tenements and hereditaments, as if such person were actually dead ( f ). (e) See also stat. 19 Car. 2, of procedure when cestui que vie c. 6. is beyond seas. (/ ) See sect. 2, as to the mode MODES APPLICABLE TO PARTICULAR KJM. 277 If it shall afterwards appear upon proof, in any action Sect. 3. to be brought, that such person for whose life any such ^ cestuique estate is holden, (was) alive at the time of such order wards proved made, it shall be lawful for (any) person having any tenant for life estate or interest determinate upon such life, to re- may re - enter - enter upon the said Jands, &c. and to maintain an action against those who since the said order received the profits of such lands, &c., or their executors or adminis- trators, and therein to recover full damages for the profits of the same received. Every person having any estate determinable upon Sect. 5. any life or lives, who after the determination of such par- Tenants or J t r the life of ticular estates, without the express consent of him who another hold- shall be immediately entitled after the determination be g deemed of such particular estates, shall continue in possession tres P assers ' of any manors, messuages, lands, tenements or heredi- taments, shall be adjudged to be trespassers, and every person, his executors and administrators, who shall be entitled to any such manors, messuages, &c., upon or after the determination of such particular estates, shall recover in damages against every such person so holding over as aforesaid, and against his executors or adminis- trators, the full value of the profits received during such wrongful possession as aforesaid. SECT. II. Modes of determination generally applicable. . (1) Merger. Merger occurs where a greater and a less estate When it coincide and meet in one and the same person, without any intermediate estate (^); as, for instance, when (g) See Burton v. Barclay, 7 Bing. 745, 756. 278 DETERMINATION OF THE TENANCY. tenant for years obtains the fee (A). If a tenant for years acquires a life interest in the estate pur autre vie, the two being concurrent, one only can exist, and the other is merged ; but there is no inconsistency or incompatibility in a man's having, not two concurrent, but two successive estates. If a lease for years be granted to a tenant pur autre vie, to commence when his life estate ceases, he will be tenant of the freehold, so long as cestui que vie lives, but amenable to the reversioner for every duty to which that tenancy is subject ; and he will be tenant for the term when cestui que vie dies, and still amenable to the reversioner for all the duties of that tenancy. He will never stand in the character, which the law of merger is intended to prevent, of reversioner to himself (z). Merger will not take place where the two estates are held in different rights, and the tenant has not acquired the freehold by his own act (j). The fact that the reversion is for a less number of years than the estate in possession, will not prevent the latter from merging in the former (A). (2) Surrender. Exprets. To constitute a valid express surrender, it is essential that it should be made to and accepted by the owner in his own right of the immediate estate in reversion or remainder (/). Any form of words, whereby such an intent and agreement of the parties may appear, will be sufficient to wjork a surrender ; and the law will direct the operation and construction of the words ac- (h) 2 Black. Com. 177; jndg- (j) Jones v. Davics, 6 H. & N. ment in Doe v. Walker, 5 B. & C., 766 ; 29 L. J., Ex. 374 ; 7 H. & at p. 120. N. 507 ; 31 L. J., Ex. 116. (i) Judgment in Doe v. Walker, (k) Bac. Abr. (S. 2) 211. 5 B. & C., at p. 121. (0 See Bac. Abr. (S. 1) 209. MODES OF DETERMINATION GENERALLY APPLICABLE. 279 cordingly, without the precise or formal mention of the word surrender (m). No leases, estates or interests, either of freehold or stat. 29 Car. 2, terms of years, or any uncertain interest not being c ' ' ' 8 ' ' ' 3 Leases to be copyhold or customary interest, in any messuages, surrendered by manors, lands, tenements or hereditaments, shall be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act or operation of law. A surrender in writing of an interest in any tene- stat. 8 & 9 ments or hereditaments, not being a copyhold interest, s ^ ' c ' ' and not being an interest which might by law have Surrenders to been created without writing, shall be void at law, y unless made by deed. A surrender may be implied by operation of law Implied. from any thing which amounts to an agreement on the part of the tenant to abandon, and on the part of the landlord to resume possession of the premises (n). The following circumstances have been held to amount to a surrender by operation of law: Delivery by the tenant 1- Delivery of to the landlord, and acceptance by the landlord of the keys of the demised house, with the intention that there shall be a transfer of possession (o). In this case, how- ever, there must be clear evidence of the acceptance (;/0 Bac .Abr. (S. 1) 209. See Popplemell, 12 C. B., N. S., at p, Smith T. Majtleback, 1 T. R. 441 ; 340. Doe v. Stagy, 5 Bing. N. C. 564. (o) Dodd v. AcJtlom, 6 M. & The stamp duty on a surrender, Gr. 672; 13L. J.,C. P. 11; Phene not chargeable with duty as a con- v. Poppleivell, 12 C. B., N. S. 334 ; veyance on sale or mortgage, is 31 L. J., C. P. 235. See White- ten shillings. (Stat. 33 & 34 Viet. head v. Clifford, 5 Taunt. 518 ; c. 97, Schedule.) Grimman v. Legge, 8 B. & C. () Ter Erie, C. J., in Phenl T. 324. 280 DETERMINATION OF THE TENANCY. of the key by the landlord (/>). The mere fact that he has not sent back the key which the tenant has left at his office, is not evidence from which a surrender can be implied (^7). A parol license to quit will not of itself operate as a surrender of the tenant's interest ; but when the tenant gives up possession in pursuance of such a license, and the landlord accepts possession, the license, coupled with the fact of the change of pos- session, is a surrender by act and operation of law, and the landlord cannot recover any rent which becomes due after his acceptance of the possession (y). 2. Acceptance Acceptance by the lessee of a new lease, from the of new lease. ] essor) to begin during the continuance of the old lease (r). The surrender in this case is the act of the law, and will prevail in spite of the intention of the parties (s). A new lease will operate as a surrender, although for a shorter term than the prior lease ; and a new valid lease by parol will constitute a surrender of a prior lease by deed (r). But where the new lease does not pass an interest according to the contract, the ac- ceptance of it will not amount to a surrender of the former lease (#). Hence, the acceptance of a void lease (f), or the execution of a mere agreement for a new lease (M), will not operate as a surrender. (p) Cannan v. Hartley, 9 C. Eliz., at p. 522; Davisow.Stan- B. 634; 19 L. J., C. P. 323. See ley, 4 Burr. 2210; McDonnell v. Bronn v. Burtinsham, 1 D. & R. Pope, 9 Hare, 705. 603. () Lyon v. Reed, 13 M. & W. (3) Per Bayley, J., in Grim- 285; 13 L. J., Ex. 377, 382. man v. Legge, 8 B. & C., at p. (t) See Doe v. Courtenay, 11 325. Q. B. 702; 17 L. J., Q. B. 151; (r) See judgment of Tindal, Doe v. Poole, 11 Q. B. 713; 17 C. J., in Dodd v. Acklom, 6 M. & L. J., Q. B. 143. Gr. 679 ; 13 L. J., C. P., at p. 13; () Foquet T. Moor, 7 Ex. 870; Fulmerttone v. Steward, Plowd. 22 L. J., Ex. 35. See Graham v. 106, 107 a; Ive v. Sams, Cro. Whichelo, 1 Cr. & M. 188 ; jndg- MODES OF DETERMINATION GENERALLY APPLICABLE. 281 The grant of a new lease, by the landlord, to a third 3. Acceptance person, with the assent of the tenant, who gives up his own possession (or) ; or the acceptance by the landlord, tenant with the assent of a tenant from year to year, of another prior tenant, person as tenant, who takes possession (y). Where an under-tenant is in possession, the acceptance of such under-tenant as tenant by the lessor may be proved by his having accepted the key from the original lessee, or by his acceptance of rent from the under-tenant, or by some act tantamount to it(z). Receipts for rent received by a landlord from a third person are strong evidence of a change of tenancy with the consent of the landlord, amounting to a surrender by operation of law (a). The creation of a new relation in regard to the 4. Creation of demised property, wholly inconsistent with that of re iation. & landlord and tenant (6), as, for instance, where the tenant becomes the servant of the landlord, accounting to him for all the profits of the demised premises, and being allowed fixed daily wages (b). The mere cancelling of a lease is not a surrender by operation of law of the term thereby granted (c), or prima facie evidence of a surrender by deed(rf). Though a surrender operates between the parties as Operation of an extinguishment of the interest which is surrendered, rights of third persons. ment of Holroyd, J., in Hamerton 235. See Harding v. Crethorn, v. Stead, 3 B. & C., at p. 482. 1 Esp. 57 ; Cadle v. Moody, 30 (a?) Damson v. Gent, 1 H. & L. J., Ex. 385. N.744; 26 L. J.,Ex. 122; Walker (z) Per Lord Kenyon, C. J., in v. Richardson, 2 M. & W. 882 ; Harding v. Crethorn, 1 Esp. 57. M'Donnell v. Pope, 9 Hare, 705. (a) Lamrance v. Faux, 2 F. & See Hex v. Banbury, 1 A. & E. F. 435. 136; Nickells v. Atherstone, 10 (b) Peter v. Kendal, 6 B. & C. Q. B. 944; 16 L. J., Q. B. 371 ; 703, 710. Reeve v. Bird, 1 Cr., M. & R. 31; (c) Roe v. Archbishop of York, Hamerton v. Stead, 3 B. & C. 6 East, 86. 478. (rf) Doe v. Thomas, 9 B. & C. (jO Thomas v. Cook, 2 B. & A. 288. See Ward v. Lumley, 5 H. 119; Stone v. Whiting, 2 Stark. & N. 87; 29 L. J., Ex. 322. 2X2 DETERMINATION OF THE TENANCY. Stat 4 Geo. 2, c. 28, 8. 6. Surrender for purpose of re- newal to be valid without surrender of underleases. Stat. 8 & 9 Viet. c. 106, 8.9. When rever- sion on a lease is surrendered it does not so operate as to third persons who, at the time of the surrender, had rights which such extinguish- ment would destroy. As to them the surrender operates only as a grant subject to their right, and the interest surrendered still has, for the preservation of their right, continuance (e). In case any lease shall be duly surrendered, in order to be renewed, and a new lease executed by the chief landlord, the same new lease shall, without a surrender of the underleases, be as valid as if all the underleases derived thereout had been likewise surrendered before the taking of such new lease ; and every person in whom any estate for life or lives, or for years, shall from time to time be vested by virtue of such new lease, his executors and administrators, shall be entitled to the rents, covenants and duties, and have like remedy for recovery thereof, and the under-lessees shall hold the messuages, lands and tenements in the respective under- leases comprised, as if the original leases, out of which the respective underleases are derived, had been still kept on foot and continued, and the chief landlord shall have the same remedy, by distress or entry upon the messuages, &c., comprised in any such underlease, for the rents and duties reserved by such new lease so far as the same exceed not the rents and duties reserved in the lease out of which such underlease was derived, as they would have had in case such former lease had been continued, or the underleases had been renewed under such new lease. When the reversion expectant on a lease shah 1 be surrendered or merge, 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 (0) Judgment in Doe v. Pyke, 5 M. & S., at p. 154; Pleasant v. Benson, 4 East, 234, 238; Co. Lit. 338 b. MODES OF DETERMINATION GENERALLY APPLICABLE. 283 hereditaments, shall, to the extent and for the purpose or merged, the of preserving such incidents to and obligations on the estate^* be same reversion, as, but for the surrender or merger decme . d th > reversion. thereof, would have subsisted, be deemed the reversion expectant on the same lease. (3) Forfeiture. (a) Where there is no express Proviso for Re-entry. Any act of the lessee by which he disaffirms or Disclaimer by impugns the title of his lessor occasions a forfeiture of recor( j r & c> his lease ; for to every lease the law tacitly annexes a condition, that if the lessee do anything that may affect the interest of his lessor, the lease shall be void, and the lessor may re-enter^). A lessee may thus incur a forfeiture where he sues out a writ, or resorts to a remedy, which claims or supposes a right to the free- hold^), or where, in an action by his lessor grounded upon the lease, he resists the demand under the grant of a higher interest in the land(/); or where he acknowledges the fee to be in a stranger (/). The mere payment of rent, by a tenant for a term of years, to a third person ( g\ or a verbal denial by such tenant of the landlord's title (A), will not operate as a for- feiture of the lease. Forfeitures are also incurred by the breach of express On breach of or conventionary conditions annexed by the lessor to annexecUo his grant (z). In a lease for years, no precise form of words is necessary to make a condition ; it is sufficient if it appear that the words used were intended to have (/) Bac. Abr. (T. 2) 219. (/*) Doe r. Well*, 10 A. & E. (g) Doe v. Parker, Gow, 180. 427. (i) Bac. Abr. (T. 2) 220. 284 DETERMINATION OF THE TENANCY. that effect (j) ; hence, a clause in a lease whereby it is stipulated and conditioned that the lessee shall not assign, creates a condition, for the breach of which the lessor may maintain an ejectment (A). (b) Where there is an express Proviso for Re-entry. By whom lease The construction of a proviso for re-entry by the may be deter- mined nnder lessor on non-pertormance by the lessee of the cove- entry 80 nants, and of a proviso that upon such non-performance the term shall cease and become void, is that the lease shall be voidable only at the option of the lessor ; for the lessee who has been guilty of a wrongful act cannot avail himself of that wrongful act to insist that thereby the lease has become void to all intents and purposes (/), and the tenancy will therefore continue until some act is done by the lessor showing his intention to deter- mine it (m). Before advantage can be taken of a proviso for re- entry for non-payment of rent, a formal demand of rent must be made ; unless such demand has been either expressly dispensed with in the proviso or condition (n), or one half-year's rent is in arrear, and no sufficient dis- tress can be found on the premises (o). The demand must be of the sum due for rent for the last term of Demand of rent. (j) Judgment of Bayley, J., in Doe v. Watt, 8 B. & C., at p. 315. (A) Doe T. Watt, 8 B. & C. 308. See Simpson v. Titterell, Cro. Eliz. 242; Pembroke v. Berkeley, ib. 384; Harrington v. Wise, ib. 486 ; Co. Lit. 203 b. (T) Judgment of Bayley, J., in Doe v. Banoks, 4 B. & A. 406 ; Arntby v. Woodward, 6 B. & C. 519 ; Dakin v. Cope, 2 Euss. 170; Doe v. Birch, 1 M. & W. 402. (m) See judgment of Denman, C. J., in Poberts \. Davey, 4 B. & Ad., at p. 671 ; Hartshorne T. Watson, 4 Bing. N. C. 178. (a) Doe v. Masters, 2 B. & C. 490. O) Stat. 15 & 16 Viet. c. 76, s. 210 ; post, p. 285. MODES OF DETERMINATION GENERALLY APPLICABLE. 285 payment (/?), and must be made at a convenient time before sunset on the last day of payment (y). The demand must be made upon the land ; if there is a house on the premises, at the front door of such house (r) ; or if the premises consist of lands and woods, upon the lands (s) ; or if they consist of woods only, at the gate of the wood, or at some highway leading through it, or other most notorious place (#). It is not material whether the tenant is there or not (M). If tender of the rent is made to him who is to receive it upon any part of the land, at any time on the last day of payment, the tender will save the condition (t). Where " one half-year's rent shall be in arrear (or), Stet. 15 & 16 and the landlord, to whom the same is due, hath right 8 2 ib. by law to re-enter for the non-payment thereof (y), such Where one landlord may, without any formal demand or re-entry, is^n an-earTnd serve a writ in ejectment for the recovery of the demised ^ n0rd r premises, or in case the same cannot be legally served, enter, he may, J . instead of or no tenant be in actual possession of the premises, formal de- such landlord may affix a copy thereof upon the door of any demised messuage, or in case such action in ment - ejectment shall not be for the recovery of any messuage, then upon some notorious place of the lands, tenements or hereditaments comprised in such writ in ejectment, and such affixing shall be deemed legal service thereof, which service or affixing such writ in ejectment shall stand in the place of a demand and re-entry ; and in case of judgment against the defendant for non-appear- (p) See Doe v. Paul, 3 C. & (M) Co. Lit. 201 b. P. 613; Fabian v. Winston, Cro. (a-) See Cotesmorth v. Spoket, Eliz. 209. 10 C. B., N. S. 103 ; 30 L. J., C. (q) Co. Lit. 202 a. P. 220. (r) Co. Lit. 201 b. (y) See Doe v. Roe, 7 C. B. (*) Poph. 58. 134. (f) Co. Lit. 202 a. 280 DETERMINATION OF THE TENANCY. ance, if it shall be made to appear to the court where the said action is depending, by affidavit (z), or be proved upon the trial in case the defendant appears, that half- a-year's rent was due before the said writ was served, and (that the premises were locked up (a), or) that no suf- ficient distress was to be found on the demised premises, countervailing the arrears then due, and that the lessor had power to re-enter, in such case the lessor shall recover judgment and execution, in the same manner as if the rent in arrear had been legally demanded, and a re-entry made." (c) Waiver of forfeiture. If a landlord, when he is in a position to take advan- tage of a forfeiture, elects not to take advantage of it, and so declares to the person against whom he has power to enforce it, and at a later period acknow- ledges the continuance of the tenancy, he thereby waives such forfeiture (). Mere knowledge and ac- quiescence in an act constituting a forfeiture, does not amount to a waiver ; there must be some act affirming Acts amount- the tenancy (c). The following circumstances have f T ' been held to operate as waivers of forfeitures : Accept- 1. Receipt of r rent ance by the landlord from the tenant of rent due after the forfeiture (d ); or an action (e) or distress (y*) by the landlord for such rent. No words of the landlord (z) See Cross v. Jordan, 8 Ex. 149 ; 22 L. J., Ex. 70. (a) Hammond v. Mather, 3 F. & F. 151. See Doe \. Dyton, M. & M. 77. (J) Per Erie, C. J., in Ward r. Day, 5 B. & S., at p. 364 ; 33 L. J., Q. B., at p. 255. (c) Per Heath, J., in Doe v. Allen, 3 Taunt., at p. 81. (d) Arnsby v. Woodward, Q B. & C. 619 ; Doe T. Rees, 4 Bing. N. C. 384; Doe v. Pritcfuzrd, 5 B. & Ad. 765. (). An agreement by the landlord to grant a new term 3. Agreement after the expiration by effluxion of time of a term in leafe'after'ex- respect of which a forfeiture has been incurred (A). $ i r at l on of for " feited lease. Advice given by the landlord after the forfeiture, to 4 Advice to a third person to purchase the lease of the lessee (1). P urchase lease - Advice to a person having an interest in premises, to " take to " them, will not waive a forfeiture {I). Where the breach of covenant causing a forfeiture is Continuous continuous (m), the receipt of rent, or other acknow- ledgment of tenancy by the landlord, will not preclude him from taking advantage of a forfeiture incurred sub- sequently to such acknowledgment (rz). Where any actual waiver of the benefit of any cove- Stat. 23 & 24 nant or condition in any lease on the part of any lessor, s ' c ' ' or his heirs, executors, administrators or assigns, shall Effect of be proved to have taken place after the passing of this stncted to act, in any one particular instance, such actual waiver tr u* C jM shall not be deemed to extend to any instance or any cially relates. (#) Croft v. Lumley, 5 E. & B. (A) Ward v. Day, 5 B. & S. 648 ; 25 L. J., Q. B. 223 ; 6 H. L. 369 ; 33 L. J., Q. B. 254. C. 672; 27 L. J., Q. B. 321. (I) Doe T. Eykins, 1 C. & P. (K) See Price v. Wormood, 4 154 ; Ry. & M. 29, 30. H. & N. 512 ; 28 L. J., Ex. 329. (m) Ante, pp. 194, 222. (i) See Jones v. Carter, 15 M. (n) Doe v. Woodbridge, 9 B. & & W. 718. C. 376; Doe v. Jonet, 5 Ex. 498 ; O') Per Parkc, B., in Doe v. 19 L. J., Ex. 405. Birch, 1 M. & W., at p. 408. DETERMINATION OF THE TENANCY. For non-pay- ment of rent. Stat. 15 & 16 Viet. c. 76, B. 211. Lessee pro- ceeding for relief in equity not to have injunction against pro- ceedings at law unless he pays into Court rent and costs. breach of covenant or condition, other than that to which such waiver shall specially relate, or to be a general waiver of the benefit of any such covenant or condition, unless an intention to that effect shall appear. (d) Relief against Forfeiture. Courts of equity will relieve the tenant from forfeiture for nonpayment of rent within six months after execu- tion executed (o), on payment by him of the rent, toge- ther with full costs. In case the lessee, his assignee, or other person claim- ing any right, title or interest, in law or equity, to the said lease, shall, within the time aforesaid, proceed for relief in any Court of equity, such person shall not have or continue any injunction against the proceedings at law on such ejectment, unless he shall, within forty days next after a full and perfect answer shall be made by the claimant in such ejectment, bring into Court, and lodge with the proper officer, such sum and sums of money as the landlord shall in his answer swear to be due and in arrear over and above all just allowances, and also the costs taxed in the said suit, there to remain till the hearing of the cause, or to be paid out to the landlord on good security, subject to the decree of the Court ; and in case such proceedings for relief in equity shall be taken within the time aforesaid, and after execution is executed, the landlord shall be accountable only for so much, and no more, as he shall really and bond fide, without fraud, deceit or wilful neglect make of the demised premises from the time of his entering into the actual possession thereof; and if what shall be so (o) Stat. 15 & 16 Viet. c. 76, s. 210. MODES OP DETERMINATION GENERALLY APPLICABLE. 289 made by the landlord happen to be less than the rent reserved on the said lease, then the said lessee or his assignee, before he shall be restored to his possession, shall pay such landlord what the money so by him made fell short of the reserved rent for the time such lessor or landlord held the said lands. If the tenant or his assignee shall, at any time before Sect. 212. the trial in such ejectment, pay or tender to the land- ? f te nant, lord, his executors or administrators, or his or their tenders to land- . ~ lord or pays attorney in that cause, or pay into the Court, where the into Court rent same cause is depending, all the rent and arrears, toge- ther with the costs, all further proceedings on the said cease - ejectment shall cease and be discontinued ; and if such lessee, his executors, administrators or assigns, shall, upon such proceedings as aforesaid, be relieved in equity, he and they shall have, hold and enjoy the demised lands, according to the lease thereof made, without any new lease. A Court of equity shall have power to relieve against Stat. 22 & 23 a forfeiture for breach of a covenant or condition to in- Si 4. ' sure against loss or damage by fire, where no loss or Relief against damage by fire has happened, and the breach has, in breach of cove- the opinion of the Court, been committed through acci- nanttoin8ure - dent or mistake, or otherwise without fraud or gross negligence, and there is an insurance on foot at the time of the application to the Court in conformity with the covenant to insure, upon such terms as to the Court may seem fit. The Court, where relief shall be granted, shall direct Sect 5. a record of such relief having been granted to be made by indorsement on the lease or otherwise. indorsed on lease. The Court shall not have power, under this act, to Sect 6 relieve the same person more than once in respect of the Relief to be F. U 290 DETERMINATION OF THE TENANCY. granted only once to same person in re- spect of same covenant. Stat. 23 & 24 Viet. c. 12G, a. 1. Courts of law may relieve on ejectment for forfeiture for non-pay- ment of rent; Sect. 2. or on ejectment for forfeiture for non-insur- ance. Sect. 3. Cases in which Courts of Chancery will not relieve against for- feiture. same covenant or condition ; nor shall it have power to grant any relief under this act where a forfeiture under the covenant in respect of which relief is sought shall have been already waived out of Court in favour of the person seeking the relief. In the case of any ejectment for a forfeiture brought for non-payment of rent, the Court or a judge shall h:i\ power, upon rule or summons, to give relief in a sum- mary manner, but subject to appeal as hereinafter men- tioned (see sects. 4 11), up to and within the like time after execution executed, and subject to the same terms and conditions in all respects as to payment of rent, costs, and otherwise, as in the Court of Chancery ; and if the lessee, his executors, administrators or assigns shall, upon such proceeding, be relieved, he and they shall hold the demised lands according to the lease thereof made, without any new lease. In the case of any ejectment for a forfeiture for breach of a covenant or condition to insure against loss or damage by fire, the Court or a judge shall have power, upon rule or summons, to give reh'ef in a sum- mary manner, but subject to appeal as hereinafter mentioned -(see sects. 4 11), in all cases in which such relief may now be obtained in the Court of Chancery under the provisions of (stat. 22 & 23 Viet. c. 35), and upon such terms as would be imposed in such Court. Where such reh'ef shall be granted, the Court or a judge shall direct a minute thereof to be made by in- dorsement on the lease, or otherwise. Courts of equity will not relieve against forfeiture for breach of the following covenants, unless by un- avoidable accident (p\ fraud, surprise, or ignorance (p) See Sargent \. Thomson, 9 Jnr., N. S. 1192 ; 4 Giff. 473. MODES OF DETERMINATION GENERALLY APPLICABLE. 291 not wilful, persons have been prevented from executing them literally; Covenant not to assign or underlet without consent (7); not to permit a way over land(r); to repair (s). (q) Hill v. Barclay, 18 Ves., () Hill v. Barclay, 18 Ves. at p. 63. 56 ; Gregory v. Wilson, 9 Hare, (r) Descarlett v. Dennett, 9 683. TZut&eeltamford v. Creasy, Mod. 22. 3 Giff. G76. U2 ( 292 ) CHAP. VI. TERMS OF QUITTING. PAGE SECT. I. FIXTUEES 292 (1) What articles are fixtures 292 (2) Ownership of fixtures where there is no express agreement . . . . . . . . 293 Fixtures put up by landlord tenant Ornamental fixtures Trade fixtures Agricultural fixtures Time of removal . . 293 293 294 294 295 296 ^3) Ownership under express agreements . . . . 297 II. EMBLEMENTS 298 (1) In what cases they may be claimed . . . . 298 (2) Provision as to tenants of landlords entitled for uncertain interests . . . . . . . . 299 III. AWAY-GOING CEOPS 300 IV. COMPENSATION FOR TILLAGES, &c 300 V. DELIVERY OF POSSESSION . . . '. . . . . 301 (1) Tenant's obligation to give possession . . . . 301 (2) Landlord's remedies for recovering possession . . 302 (a) Indirect 302 Action for double value . . . . . . 302 Action or distress for double rent . . 304 (b) Direct 305 Entry 305 Proceedings before justices . . . . 306 In case of houses at rents not ex- ceeding 201. a-year . . . . 306 In case of deserted premises . . 310 Proceedings in county court . . . . 310 Action of ejectment 313 SECT. I. Fixtures. (1) What Articles are Fixtures. To affix a chattel to land, so as to make it a fixture, it is not sufficient that it has been laid upon the land and brought into contact with it; something more is required than mere juxtaposition ; as, that the soil shall FIXTURES. 2U3 have been displaced for the purpose of receiving the article, or that the chattel should be cemented or other- wise fastened to some fabric previously attached to the ground (). Hence, articles standing merely by their own weight (Z>), such as wooden erections resting upon, but not attached to, blocks of wood (c), or brick pil- lars (rf), or a foundation of brick and stone (e) y are not fixtures. Machines screwed to the floor to steady them are not thereby made fixtures (y). A greenhouse resting on a brick wall, to which the upper frame is attached in the usual way, by a course of mortar, is a fixture as between landlord and tenant (^7). (2) Ownership of Fixtures where there is no express Agreement. Fixtures erected before the commencement of the Fixtures tenancy, or put up by the landlord during the tenancy for a permanent purpose and for the better enjoyment ?* tenancy or of his estate, though in the ordinary case of landlord during te- and tenant they would be removable by the latter during n the term, become part of the freehold (A). The general rule is, that where a lessee having an- Fixtures put nexed a personal chattel to the freehold during his term during te^ nancy. (a) Amos & Ferard on Fix- IB. & Ad. 161 ; Deanv.Allalley, tures, p. 2, cited by Mellor, J., 3 Esp. 11. in Turner v. Cameron, 39 L. J., (/) Per Lord Lyndhurst, C. B., Q. B., at p. 130. in Trapses v. Hartcr, 2 Cr. & M., (ft) Sec Slather v. Fraser, 2 K. at p. 177 ; Hellanell v. Eastwood, & J. 536 ; 25 L. J., Ch. 361. 6 Ex. 295 ; 20 L. J., Ex. 154. (c) Culling v. Tuffnal, Bull. (^) Jenkint v. Gethinff,2J.& N. P. 34. H. 520. See Buckland v. Butter- (d) See Rex v. Londontliorpe, field, 2 B. & B. 54. 6 T. R. 377. (h) Walmsley v. Milne, 7 C. 0) Wantbrough v. Maton,4 A. B., N. S. 115 ; 29 L. J., C. P. 97 ; & E. 884 ; \Vil1*lirar v. C,>Hr,-H, Muthrr v. Fraser, 2 K. & J. '>:>; 1 K. & B. C74. See Rex v. Otley, 25 L. J., Ch. 361. 294 TERMS OF QUITTING. 1. Ornamental fixtures, &c. 2. Trade fixtures. afterwards takes it away, it is waste (z). In the pro- gress of time, however, this rule has been relaxed, and many exceptions have been grafted upon it (e). In the following cases articles affixed by the tenant during his tenancy may be claimed by him, provided they can be removed without doing substantial injury to the free- hold: Articles of ornament and domestic utility ; such as ornamental chimney-pieces (j\ stoves and grates (A), wainscots fastened with screws (A), cornices (/), beds fastened to the wall or ceiling (m), chimney-glasses and pier-glasses (n), ovens, coppers and pumps slightly affixed to the freehold (o). A tenant who is not a nurseryman by trade cannot remove or sell any trees (/?), shrubs (q}, or flowers (r), which he may have planted upon the demised premises. Machinery and utensils of a chattel nature (.?); such as salt-pans (t\ vats, &c. for soap-boiling (u\ engines for working collieries (ar) ; also buildings of a temporary description erected by the tenant for the purpose of carrying on his business (y). Buildings of a permanent (i) Per Dallas, C. J., in JBuck- land v. Butterfield, 2 Br. & B., at p. 58. (J) Leach v. Thomas, 7 C. & P. 327. See judgment in Lawton v. Salmon, 1 H. Bl., at p. 260, note; Bishop v. Elliott, 11 Ex. 113, 119 ; 24 L. J., Ex. 229. (/t) Per Tindal, C. J., in Grymes v. Boiveren, 6 Bing. , at p. 439. See Birch v. Damson, 2 A. & E. 37. (1) Avery v. Cheslyn, 3 A. & E. 75. (TO) Ex parte Qidncey, 1 Atk., at p. 478. (n) Beckv.Iteboir,ir.Wms.<)l. (0) Grymes v. Boweren, 6 Bing. 437 ; Winn v. Ingilby, 5 B. & A. 625. (p) Wyndham v. Way, 4 Taunt. 316. (j) Empson v. Soden, 4 B. & Ad. 655. (r) Per Littledale, J., in Emp- son v. Soden, 4 B. & Ad., at p. 657. (*) See Fisher v. Dixon, 12 Cl. & F. 312, 325, 331. (t) Lamton v. Salmon, 1 H. Bl. 259, note (d). () Poole's Case, 1 Salk. 368. (a? ) Lan-ton v. Lanton, 3 Atk. 13 ; Dudleys. Warde, Ambl. 114. (y) Lanton v. Lawton, 3 Atk. 13, 15; Lanton v. Salmon, 1 H. FIXTURES. 295 character, although used as accessories to trade fixtures, are not removable by the tenant (z). Nurserymen may remove trees and shrubs grown for sale (a), and, per- haps, also hothouses erected by them (&). It seems that a custom of the neighbourhood, as to the removal of articles erected by a tenant, may be taken as an explanation of their nature and character (c). Farm buildings, machinery, &c. erected by agricul- 3. Agricultural tural tenants, and affixed to the soil() Favlell v. Oaskoln, 7 Ex. 539 ; Senior v. Armytage, Holt, 273. 302 TERMS OF QUITTING. up possession to the landlord at the expiration of the term ( > / \ \ i_ n ^ mining his tenancy by notice (n) ) shall give notice ot&t. 1 1 (in). L , c. 19, s. 18. (either verbal (o) or written) of his intention to quit (e) Soulsby v. Neving, 9 East, borough, in Hyatt v. Rich, 10 310. East, at p. 52. See Doe v. Batten, (/) Co bb v. Stokes, 8 East, 1 Cowp. 243, 246. 358. (m) See Sullivan v. Bishop, 2 () Blatchford v. Cole , 5 C. B., C. & P. 359. N. S. 514 ; 28 L. J., C. P. 140. () Johnstone v. Hudlestone, (h) Wickkam T. Lee, 12 Q. B. 4 B. & C. 922, 931. 521 ; 18 L. J., Q. B. 21. (0) Timmins v. Romlison, 1 (?) Judgment of Wilmot, J., in W. Bl. 533. It will be observed, Timmins v. Romlison, 1 W. Bl., that the landlord's notice for at p. 535. double value (ante, p. 303) must (k) Cobb T. Stokes, 8 East, 358. be in writing. Wilmot, J., ex- (Z) Judgment of Lord Ellen- plains that the reason of the dif- DELIVERY OF POSSESSION. 305 the premises by him holden, at a (fixed (p}) time men- Tenant hold- tioned in such notice, and shall not accordingly deliver expiration o/ up the possession thereof at the time in such notice notice to quit given by him, contained, the said tenant, his executors or administra- to pay double tors, shall from thenceforward pay to the landlord double the rent or sum which he should otherwise have paid, to be levied (by distress (q) ), sued for and recovered at the same time and in the same manner as the single rent before the giving such notice could be levied, sued for or recovered; and such double rent shall continue to be paid during all the time such tenant shall con- tinue in possession as aforesaid. Double rent ceases to be payable on the tenant's quitting possession, and he may do this at any time without giving a new notice to quit (r). (b) Direct Remedies for recovering Possession. Where at the time of the expiration or determination Entry. of the tenancy there is no person in possession of the 1- On aban- i i j doned pre- premises, the tenant having wholly abandoned them mises. without any intention of returning, the landlord may enter and take possession (s). If the tenancy of a house is determined, and the 2. On locked- tenant and his family have gone away, and the house wher^no^ne is locked up no one being in possession the landlord *? in P 08868 - . . 81on - is justified in breaking in and obtaining possession, although some articles of furniture may re main (t). ference is, that " landlords can (*) Lacey v. Lear, Peake'a usually write and tenants cannot." Add. Cas. 210. See \\1ldbor v. 1 W. Bl. 535. Rainforth, 8 B. & C. 4, 6. (p) Farrance v. Elkington, 2 (*) Hillary v. Gay, 6 C. & P. Camp. 591, 592. 284; Taunton v. Cottar, 7 T. K. (0) See n. (o), ante, p. 304. 431 ; Turner v. JUeymott, 1 Bing. (r) Booth v. Macfarlane, 1 B. 158. & Ad. 904, 906. F. X 306 I I;UMS OF QUITTING. 8. Where tenant is in possession. Proceedings before justices. Stat. 1 & 2 Viet. c. 74, s. 1. If tenant at rent not ex- ceeding 201. a year upon expiration or determination of his in- terest refuses or neglects to deliver up possession, landlord may serve him with notice of his intention to proceed under this act. Even where the tenant is in possession the landlord, after the expiration of the tenancy, may enter peaceably on the premises. He may also acquire lawful posses- sion by entering forcibly (t), and, after requesting the tenant to leave the premises, may, in case of his re- fusing or neglecting to do so, expel him, using, how- ever, only so much force as may be necessary for that purpose. In this case he will not be liable to an action of trespass, or to damages for the expulsion of the tenant (u), but he may subject himself to an indictment for a forcible entry (:r). When the term or interest of the tenant of any house, land or other corporeal hereditaments held by him at will or for any term not exceeding seven years, either without being liable to the payment of any rent, or at a rent not exceeding the rate of 20/. a year, and upon which no fine shall have been reserved or made payable, shall have ended or shall have been duly determined by a legal notice to quit or otherwise, and such tenant, or, if such tenant do not actually occupy the premises, or only occupy a part thereof, any person by whom the same or any part thereof shall be then actually occupied, shall neglect or refuse to quit and deliver up possession of the premises or of such part thereof respectively, it shall be lawful for the landlord of the said premises, or his agent, to cause the person so neglecting or refusing to quit and deliver up possession, to be served, in the manner hereinafter mentioned, with a written notice in (<) Harvey v. Bridges, 14 M. 19 L. J., Q. B. 291. But see & W. 437, 442 ; 14 L. J., Ex. 272; Nercton T. Harland, 1 M. & Gr. Pollen T. Brewer, 7 C. B., N. S. 644. 871. (a;) See Archbold's Pleading (M) Davison v. Wilson, 11 Q. and Evidence in Criminal Cases, B. 890; 17 L. J., Q. B. 196; p. 736 (15th ed.). Burling v. Read, 11 Q. B. 904 ; DELIVERY OF POSSESSION. 307 the form set forth in the schedule to this act (y\ signed by the said landlord or his agent, of his intention to proceed to recover possession under the authority and according to the mode prescribed in this act ; and if the if tenant does tenant or occupier shall not thereupon appear at the time and place appointed, and show to the satisfaction and show ca . usc why possession of the justices hereinafter mentioned reasonable cause should not be why possession should not be given under the provisions O n P ' of this act, and shall still neglect or refuse to deliver up possession of the premises, or of such part thereof of justices may which he is then in possession, to the said landlord or directing con- his agent, it shall be lawful for such landlord or agent possession ^7 to give to such justices proof of the holding and of the premises to end or other determination of the tenancy, with the time or manner thereof, and where the title of the landlord has accrued since the letting of the premises, the right by which he claims the possession, and upon proof of service of the notice, and of the neglect or refusal of (y) Form of Notice. this notice, I, , shall on I, [owner, or agent to , next, the day of , at the owner, as the case may be~], of the clock on the same do hereby give you notice, that day, at , apply to her Ma- nnless peaceable possession of the jesty's justices of the peace acting tenement [shortly describing if] for the district of [being the situate , which was held of district, division or place in me, or of the said [as the which the said tenement, or any case may be"], under a tenancy part thereof, is situate], in petty from year to year, or [as the case sessions assembled, to issue their may be"}, which expired [or was warrant directing the constables determined] by notice to quit of the said district to enter and from the said , or otherwise take possession of the said tene- [as the case may be~\, on the ment and to eject any person day of , and which tenement therefrom. is now held over and detained Dated this from the said , be given to (Signed) , [the owner or agent], on [owner or agent]. or before the expiration of seven To Mr. . clear days from the service of x2 308 TERMS OF QUITTING. the tenant or occupier, as the case may be (where the tenancy and its determination and the tenant's refusal to quit are proved, the jurisdiction of the justices is not ousted by the tenant's setting up the title of a third person (z)), it shall be lawful for the justices acting for the district, division or place within which the said premises, or any part thereof, shall be situate, in petty sessions assembled, or any two of them, to issue a warrant under their hands and seals to the constables and peace officers of the district, division or place within which the said premises or any part thereof shall be situate, commanding them, within a period to be therein named, not less than twenty-one nor more than thirty clear days from the date of such warrant, to enter, by force if needful, into the premises, and give possession of the same to such landlord or agent. Entry upon any such warrant shall not be made on a Sunday, Good Friday or Christmas Day, or at any time except be- tween the hours of nine in the morning and four in the afternoon. Nothing herein contained shall be deemed to protect any person on whose application and to whom any such warrant shall be granted from any action which may be brought against him by any such tenant or occupier, for or in respect of such entry and taking possession, where such person had not at the time of granting the same lawful right to the possession of the same premises. Nothing herein contained shall affect any rights to which any person may be entitled as outgoing tenant by the custom of the country or otherwise. . Sect. 2. Notice of application intended to be made under this *? c * of *PT act may be served either personally or by leaving the (z) Ree T. Dories, 4 C. B., N. S. 66. DELIVERY OF POSSESSION. 309 same with some person being in and apparently residing served either at the place of abode of the persons so holding over as aforesaid, and the person serving the same shall read over . and 1 f ing it with over the same to the person served or with whom the some person at same shall be left as aforesaid, and explain the purport house ; o'r, if and intent thereof. If the person so holding over can- SeTy"^ not be found, and the place of abode of such person shall in s !t n P on a . . conspicuous either not be known, or admission thereto cannot be part of the obtained for serving such summons, the posting up of P the summons on some conspicuous part of the premises so held over shall be deemed to be good service upon such person. In every case in which the person to whom any such Sect. 3. warrant shall be granted had not, at the time of grant- ing the same, lawful right to the possession of the pre- mises, the obtaining of any such warrant as aforesaid shall be deemed a trespass by him against the tenant or occupier of the premises, although no entry shall be made by virtue of the warrant ; and in case any such Execution of tenant or occupier will become bound with two sureties, to be approved of by the said justices (in a bond to be made to the said landlord or his agent, at the costs of prosecute ac- such landlord or agent, and approved of and signed against land- by the justices (sect. 4)) in such sum as to them shall or seem reasonable, regard being had to the value of the premises and to the probable costs of an action, to sue the person to whom such warrant was granted with effect and without delay, and to pay all the costs of the proceeding in such action in case a verdict shall pass for the defendant, or the plaintiff shall discontinue or not prosecute his action, or become nonsuit therein, execution of the warrant shall be delayed until judgment shall have been given in such action of trespass ; and if upon the trial of such action of trespass a verdict shall pass for the plaintiff, such verdict and judgment there- 310 TERMS OF QUITTING. upon shall supersede the warrant so granted; and the plaintiff shall be entitled to (such full and reasonable indemnity as to all costs, charges and expenses as shall be taxed by the proper officer in that behalf (stat. 5 & 6 Viet. c. 97, s. 2) ). In case of de- If any tenant holding any lands, tenements, or here- sy 11 G 2 ditaments at a rack-rent, or where the rent reserved c. 19, s. 16. shall be full three-fourths of the yearly value of the owin^haif- demised premises, who shall be in arrear for one (half- year's rent, de- year's (a)) rent, shall desert the demised premises (b), sert the demised J premises, so and leave the same uncultivated or unoccupied, so as cie'nt'distress no sufficient distress can be had to countervail the can be fotmd, arrears o f rent, it shall be lawful for two or more ius- landlord may request two tices of the peace of the county, riding, division or place, and view the having no interest in the demised premises, at the re- Bame " quest (the request or complaint need not be on oath (c) ) of the landlord or his bailiff to go upon and view the And to affix on same, and to affix or cause to be affixed on the most Dr^t-mre a '* notorious part of the premises notice in writing what tak^wSrad* 111 day ' at tte distance of fourt een (clear (rf) ) days at least, view. they will return to take a second view thereof; and if If tenant at upon such second view the tenant, or some person on such second view do not ap- his behalf, shall not appear and pay the rent in arrear, pear and pay , ,. . rent and there or there shall not be sufficient distress upon the pre- dis'tress jus?* m i ses > tnen tne sa i^ justices may put the landlord into tices to pat the possession of the said demised premises, and the landlord in possession and lease thereof to such tenant as to any demise therein thenceforth contained only, shall from thenceforth become void. T0ld - An appeal may be made from the decision of the jus- tices to the judge of assize (sect. 17). By proceedings When the term and interest of the tenant of any cor- (a) Stat. 67 Geo. 3, c. 62. (c) Batten v. Carew, 3 B. & (ft) See Ex parte Pilton, 1 B. C. 649. & A. 369. (rf) Creak v. Justices of Brigh- ton, 1 F. & F. 110. DELI VEKY OF POSSESSION. 311 poreal hereditament, where neither the value of the pre- in the County mises nor the rent payable in respect thereof shall have ^ J . Stat. 19 & 20 exceeded 507. by the year, and upon which no fine shall Viet. c. 108, have been paid, shall have expired, or shall have been ' r L Where neither determined either by the landlord or the tenant by a rent nor value legal notice to quit, and such tenant, or any person holding under him, shall neglect or refuse to deliver up * e n r> a j| (1 iiossession accordingly, the landlord may enter a plaint expired or beeu 6 J ' . J . determined by at his option either against such tenant or against such notice to quit, person so neglecting or refusing, in the County Court of re f uses to quit, the district in which the premises lie for the recovery of lantllor ' 1 mav ' enter plaint in the same, and thereupon a summons shall issue to such County Court. tenant or such person so neglecting or refusing ; and if Tncreu P n summons to the defendant shall not, at the time named in the sum- issue and on proof by land- mons, show good cause to the contrary, then, on proof lord of certain of his still neglecting or refusing to deliver up possession ma^order^pos- of the premises, and of the yearly value and rent of the 8es sion of pre- mises to be premises, and of the holding, and of the expiration or given to land- other determination of the tenancy, with the time and manner thereof, and of the title of the plaintiff if such title has accrued since the letting of the premises, and of the service of the summons if the defendant shall not appear thereto, the judge may order that possession of the premises mentioned in the plaint be given by the defendant to the plaintiff, either forthwith, or on or be- fore such day as the judge shall think fit to name ; and if such order be not obeyed, the registrar, whether such order can be proved to have been served or not, shall, at the instance of the plaintiff, issue a warrant authorizing and requiring the high bailiff of the court to give possession of such premises to the plaintiff. When the rent of any corporeal hereditament, Sect. 52. where neither the value of the premises, nor the rent Where neither * rent nor value payable in respect thereof exceeds 50/. by the year, of premU -< 3 1 2 TERMS OF QUITTING. exceeds 50J. a shall for one half-year be in arrear, and the landlord is in' arrear for shall have right by law to re-enter for the non-payment ami laidford' tnere f he may, without any formal demand or re- has right to re- entry, enter a plaint in the County Court of the dis- enter for non- . . . . payment of tnct in which the premises lie for the recovery of the without formal premises, and thereupon a summons shall issue to the demand or re- tenant, the service whereof shall stand in lieu of a entry, enter plaint in demand and re-entry ; and if the tenant shall, five clear Theren r ^ a ^' s Before the return-day of such summons, pay into summons to Court all the rent in arrear and the costs, the said issue. If . . ., .. . tenant, within action shall cease ; but if he shall not make such pay- rent and'costs 8 nient, and shall not at the time named in the summons action to cease, ghow good cause why the premises should not be re- If he does not, covered, then on proof of the yearly value and rent of certahTfacts, the premises, and of the fact that one half-year's rent judge may WR8 ^ arrear before the plaint was entered, and that order posses- sion to be given no sufficient distress was then to be found on the to landlord. premises to countervail such arrear, and of the land- lord's power to re-enter, and of the rent being still in arrear, and of the title of the plaintiff if such title has accrued since the letting of the premises, and of the ser- vice of the summons if the defendant shall not appear thereto, the judge may order that possession of the pre- mises mentioned in the plaint be given by the defendant to the plaintiff on or before such day, not being less than four weeks from the day of hearing, as the judge shall Unless tenant think fit to name, unless within that period all the rent and costs." 5 m arrear an( l the costs be paid into Court ; and if such order be not obeyed, and such rent and costs be not so paid, the registrar shall, whether such order can be proved to have been served or not, at the instance of the plaintiff, issue a warrant requiring the high bailiff of the Court to give possession of such premises to the plaintiff, and the plaintiff shall from the time of the DELIVERY OF POSSESSION. 313 execution of such warrant hold the premises discharged of the tenancy, and the defendant, and all persons claiming by, through or under him, shall, so long as the order of the Court remains unreversed, be barred from all relief in equity or otherwise. Where the term or interest of any tenant holding stat. 15 & 16 under a lease or agreement in writing any lands, tene- 213' 76> ments or hereditaments for any term of years certain, where interest r or from year to year, shall have expired or been deter- te. r mined either by the landlord or tenant by regular notice or from J ear .to year, has to quit, and such tenant or any one holding or claiming expired or been under him shall refuse to deliver up possession accord- noticeTtcTqui^ ingly after lawful demand in writing made and signed * nd n . e r ^ fnse8 by the landlord or his agent, and served personally demand in upon or left at the dwelling-house or usual place of by landlord abode of such tenant or person, and the landlord shall u^ftenant thereupon proceed by action of ejectment for the re- landlord, pro- covery of possession, it shall be lawful for him, at the action of foot of the writ in ejectment, to address a notice to address notice 7 such tenant or person requiring him to find such bail, ^ tenant ** . if ordered by the Court or a judge, and for such purposes ejectment re- , . . , , . quiring him to as are hereinafter next specified ; and upon the ap- find bail. pearance of the party or an affidavit of service of the writ and notice, it shall be lawful for the landlord pro- ducing the lease or agreement, or some counterpart or duplicate thereof, and proving the execution of the same by affidavit, and upon affidavit that the premises have been actually enjoyed under such lease or agree- ment, and that the interest of the tenant has expired, or been determined by regular notice to quit, as the case may be, and that possession has been lawfully demanded in manner aforesaid, to move the Court, or apply by On proof of summons to a judge at chambers, for a rule or summons hand^ord^y for such tenant or person to show cause, within a time obtain rol or summons for 314 TEItMS OF QUITTING. tenant to give to be fixed by the Court or judge on a consideration of I) All* the situation of the premises, why such tenant or person should not enter into a recognizance by himself and two sufficient sureties in a reasonable sum, conditioned to pay the costs and damages, which shall be recovered by the claimants in the action ; and it shall be lawful for the Court or judge upon cause shown, or upon affidavit of the service of the rule or summons in case Snch rale may no cause shall be shown, to make the same absolute in lute. the whole or in part, and to order such tenant or person, within a time to be fixed, upon a consideration of all the circumstances, to find such bail, with such conditions and in such manner as shall be specified in the said rule or summons, or such part of the same so On neglect or made absolute ; and in case the party shall neglect or tenant, judg- refuse so to do, and shall lay no ground to induce the mentmaybe Court or iudge to enlarge the time for obeyiner the signed for J J landlord. same, then the lessor or landlord filing an affidavit that such rule or order has been made and served and not complied with, shall be at liberty to sign judgment for recovery of possession and costs of suit. Sect. 214. Wherever it shall appear on the trial of any eject- Upon tnal of men t a t the suit of a landlord against a tenant, that ejectment be- tween landlord such tenant or his attorney has been served with due jury to find notice of trial, the judge before whom such cause shall me^eVrofits come on to ^ e tr ied shall, whether the defendant shall to time of ver- appear upon such trial or not, permit the claimant on diet, or other . r specified day. the trial, after proof of his right, to recover possession of the whole or of any part of the premises mentioned in the writ in ejectment, to go into evidence of the mesne profits thereof which shall or might have accrued from the day of the expiration or determination of the tenant's interest in the same down to the time of the verdict given in the cause, or to some preceding day to DELIVERY OF POSSESSION. 315 be specially mentioned therein, and the jury on the trial finding for the claimant, shall in such case give their verdict upon the whole matter, both as to the recovery of the whole or any part of the premises, and also as to the amount of the damages to be paid for such mesne profits ; and in such case the landlord shall have judg- ment within the time hereinbefore provided, not only for the recovery of possession and costs, but also for the mesne profits found by the jury. Nothing herein contained shall be construed to pre- Sect. 218. iudice or affect any other right of action or remedy Landlords to J J J retain all pre- which landlords may possess in any of the cases herein- vious remedies. before provided for, otherwise than hereinbefore ex- pressly enacted. Every tenant to whom any writ in ejectment shall Sect. 209. be delivered, or to whose knowledge it shall come, shall , Tenant ^ h knows of writ forthwith give notice thereof to his landlord, or his in ejectment, bailiff or receiver, under penalty of forfeiting the value thereof to land- of three years' improved or rack-rent of the premises (e) ' demised or holden in the possession of such tenant, to the person of whom he holds, to be recovered by action in any Court of common law having jurisdiction for the amount. All actions of ejectment where neither the value of Stat. 30 & 31 the lands, tenements or hereditaments, nor the rent 8 \i' c< ' payable in respect thereof, shall exceed the sum of 207. Actions of by the year, may be brought in the County Court of whercTvalue of the district in which the lands, tenements or heredita- lands ' not exceed 20/. ments are situate. a year, may be brought in (e) Crocker v. FotJicrgill, 2 B. & A. 652. CoIUlty Conrfc APPENDIX. FORMS OF LEASES. I. Short Statutory Form. WHENEVER any party to any deed, made according to the stat. 8 & 9 forms set forth in the first schedule to this act, or to any Vict - c - 1 ^ 4 > other deed which shall be expressed to be made in pursuance , , of this act, shall employ in such deed respectively any of the contained in forms of words contained in column 1 of the second schedule c ^ umn ! f the second hereto annexed, and distinguished by any number therein, schedule are such deed shall be taken to have the same effect, and be con- employed, the strued, as if such party had inserted in such deed the form of the same effect words contained in column 2 of the same schedule, and dis- as ^ * ne words tinguished by the same number as is annexed to the form of co inmn 2 had words employed by such party ; but it shall not be necessary been used- in any such deed to insert any such number. Every such deed, unless any exception be specially made Sect. 2. therein, shall be held and construed to include all outhouses, Deed to in- buildings, barns, stables, yards, gardens, cellars, ancient and hou*es U nr- other lights, paths, passages, ways, waters, watercourses, tenances, &c. liberties, privileges, easements, profits, commodities, emolu- ments, hereditaments and appurtenances whatsoever to the lands and tenements therein comprised belonging or in any- wise appertaining. In taxing any bill for preparing and executing any deed Sect. 3. under this act, the taxing officer is hereby required, in esti- Remuneration to be accord- mating the proper sum to be charged for such transaction, to j ng to skill, consider not the length of such deed, but only the skill and l abour and labour employed, and responsibility incurred in the prepara- an \i no t ac- tion thereof. cording to length of deed. 318 APPENDIX. Sect. 4. Deed not taking effect by this act to be as valid as if act had not been made. Sect. 5. Construction of words. Sect. 6. Schedules to part of act. Sect. 7. Sect. 8. Any deed or part of a deed, which shall fail to take effect by virtue of this act, shall nevertheless be as valid and effectual, and shall bind the parties thereto, so far as the rules of law and equity will permit, as if this act had not been made. In the construction and for the purposes of this act and the schedules hereto annexed, unless there be something in the subject or context repugnant to 'such construction, the word "lands" shall extend to all tenements and heredita- ments of freehold tenure, and to such customary lands as will pass by deed, or deed and surrender, and not by sur- render alone, or any undivided part or share therein respec- tively ; and every word importing the singular number only, shall extend and be applied to several persons or things, as well as one person or thing, and the converse ; and every word importing the masculine gender only, shall extend and be applied to a female as well as a male ; and the word " party" shall mean and include any body politic or corpo- rate, or collegiate, as well as an individual. The schedules, and the directions and forms therein con- tained, shall be deemed and taken to be parts of this act. This act shall commence and take effect from and after the first day of October (1845). This act shall not extend to Scotland. Schedules to which this Act refers. The FIRST SCHEDULE. This indenture, made the day of , one thousand eight hundred and forty . [or other year~\, in pursuance of an Act to facilitate the granting of certain leases, Between [here insert the names of the parties, and recitals, if any]: Witnesseth, that the said [lessor] or [lessors] doth, or do demise unto the said [lessee] or [lessees'], his [or their] executors, administrators and assigns, All, &c. [parcels'], From the day of for the term of thence ensuing : Yielding therefor during the said term the rent of [state the rent and mode of payment, and insert the cove- FORMS OF I.KA>1.>. 319 nants in the form contained in column 1 of the Second Schedule']. In witness whereof the said parties hereto have hereunto set their hands and seals. The SECOND SCHEDULE. Directions as to the forms in this Schedule. 1. Parties who use any of the forms in the first column of this Schedule, may substitute for the words "lessee" or " lessor," any name or names ; and in every such case cor- responding substitutions shall be taken to be made in the corresponding forms in the second column. 2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in the forms in the first column of this Schedule ; and corresponding changes shall be taken to be made iu the corresponding forms in the second column. 3. Such parties may fill up the blank spaces left in the forms 4 and 5 in the first column of this Schedule so em- ployed by them, with any words or figures, and the words or figures so introduced shall be taken to be inserted in the cor- responding blank spaces left in the forms embodied. 4. Such parties may introduce into or annex to any of the forms in the first column any express exceptions from, or express qualifications thereof respectively ; and the like ex- ceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 5. Where the premises demised shall be of freehold tenure, the covenants 1 to 10 shall be taken to be made with, and the proviso 11 to apply to, the heirs and assigns of the lessor, and where the premises demised shall be of leasehold tenure, the covenants and proviso shall be taken to be made with and apply to the lessor, his executors, administrators and assigns. 320 APPENDIX. Column 1. 1. That the said [lessee"] covenants with the said [les- sor] to pay rent. 2. And to pay taxes ; 3. And to re- pair; Column 2. 1. And the said [lessee] doth hereby for himself, his heirs, executors, ad- ministrators and assigns, covenant with the said [lessor], that he the said [lessee], his executors, administrators and as- signs, will during the said term pay unto the said [lessor] the rent hereby reserved, in manner hereinbefore men- tioned, without any deduction whatso- ever. 2. And also will pay all taxes, rates, duties and assessments whatsoever, whether parochial, parliamentary, or otherwise, now charged or hereafter to be charged upon the said demised pre- mises, or upon the said [lessor], on ac- count thereof (excepting land tax, and excepting, in Ireland, tithe rent-charge, and such portion of the poor rate as the [lessor] is or may be liable to pay; and excepting also all taxes, rates, duties and assessments whatsoever, or any portion thereof, which the [lessee] is or may be by law exempted from). 3. And also will, during the said term, well and sufficiently repair, main- tain, pave, empty, cleanse, amend, and keep the said demised premises, with the appurtenances, in good and. substan- tial repair, together with all chimney- pieces, windows, doors, fastenings, water- closets, cisterns, partitions, fixed presses, shelves, pipes, pumps, pails, rails, locks and keys, and all other fixtures and things, which at any time during the said term shall be erected and made, when, where, and so often as need shall be. FORMS OF LEASES. 321 Column 1. 4. And to paint outside every year ; .5. And to paint and paper inside every year ; 6. And to in- sure from fire in the joint names of the said [lessor] and the said [les- see'] ; to show receipts ; and to rebuild in case of fire. F. Column 2. 4. And also that the said [lessee], his executors, administrators and as- signs, will in every year in the said term, paint all the outside wood- work and ironwork belonging to the said premises, with two coats of proper oil colours, in a workmanlike manner. 5. And also that the said [lessee], his executors, administrators and assigns, will in every year paint the inside wood, iron and other works now or usually painted, with two coats of proper oil colours, in a workmanlike manner ; and also re-paper with paper of a quality as at present, such parts of the premises as are now papered ; and also wash, stop, whiten or colour such parts of the said premises as are now plastered. 6. And also that the said [lessee], his executors, administrators and as- signs, will forthwith insure the said premises hereby demised to the full value thereof in some respectable in- surance office, in the joint names of the said [lessor], his executors, adminis- trators and assigns, and the said [lessee], his executors, administrators or assigns, and keep the same so insured during the said term ; and will, upon the request of the said [lessor], or his agent, show the receipt for the last premium paid for such insurance for every current year ; and as often as the said premises hereby demised shall be burnt down or damaged by fire, all and every the sums or sum of money which shall be re- covered or received by the said [lessee], 322 A1TKXPIX. Column 1. 7. And that the said [lessor"] may enter and view state of repair, and that the said [les- see^ will repair ac- cording to notice. 8. That the said [lessee"] will not use premises as a shop. 9. And will not assign without leave. Column 2. his executors, administrators or assigns, for or in respect of such insurance, shall be laid out and expended by him in building or repairing the said de- mised premises, or such parts thereof as shall be burnt down or damaged by fire as aforesaid. 7. And it is hereby agreed, that it shall be lawful for the said [lessor"], and his agents, at all seasonable times during the said term, to enter the said demised premises to take a schedule of the fixtures and things made and erected thereupon, and to examine the condition of the said premises ; and further, that all wants of reparation, which upon such views shall be found, and for the amendment of which notice in writing shall be left at the premises, the said [lessee], his executors, administrators and assigns, will, within three calendar months next after every such notice, well and sufficiently repair and make good accordingly. 8. And also that the said [lessee^, his executors, administrators and as- signs, will not convert, use or occupy the said premises or any part thereof, into or as a shop, warehouse or other place for carrying on any trade or business whatsoever, or suffer the said premises to be used for any such purpose, or otherwise than as a private dwelling- house, without the consent in writing of the said [lessor"]. 9. And also that the said [lessee"] shall not nor will during the said term assign, transfer or set over, or other- FORMS OF LEASES. 323 Column 1. 10. And that he will leave premises in good repair. 11. Proviso for re-entry by the said [lessor~], on non-payment of rent or non- per- formance of cove- nants. Column 2. wise by any act or deed procure the said premises, or any of them, to be as- signed, transferred or set over, unto any person or persons whomsoever, without the consent in writing of the said [les- sor'], his executors, administrators or assigns, first had and obtained. 10. And further, that the said [lessee] will, at the expiration or other sooner determination of the said term, peace- ably surrender and yield up unto the said [lessor"] the said premises hereby demised, with the appurtenances, to- gether with all buildings, erections and fixtures now or hereafter to be built or erected thereon, in good and substantial repair and condition in all respects, rea- sonable wear and tear, and damage by fire, only excepted. 11. Provided always, and it is ex- pressly agreed, that if the rent hereby reserved, or any part thereof, shall be unpaid for fifteen days after any of the days on which the same ought to have been paid (although no formal demand shall have been made thereof), or in case of the breach or non-performance of any of the covenants and agreements herein contained on the part of the said [lessee], his executors, administrators and assigns, then and in either of such cases it shall be lawful for the said [lessor], at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole to re-enter, and the same to have again, re-possess and enjoy as of his or their former estate, anything hcrciii- Y2 324 APPENDIX. Column 1. 12. The said [lessor] covenants with the said [les- see] for quiet en- joyment. Column 2. after contained to the contrary notwith- standing. 12. And the [lessor"] doth hereby, for himself, his heirs, executors, admi- nistrators and assigns, covenant with the said [lessee], his executors, admi- nistrators and assigns, that he and they paying the rent hereby reserved, and performing the covenants hereinbefore on his and their part contained, shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any interrup- tion or disturbance from the said [les- sor], his executors, administrators or assigns, or any other person or persons lawfully claiming by, from or under him, them or any of them. II. Lease in the Statutory Form (a). THIS INDENTURE, made the day of , one thousand eight hundred and seventy , in pursuance of an Act to facilitate the granting of certain leases, BETWEEN E. F. of [builder], of the one part, and C. D. of [mer- chant's clerk] of the other part ; WITNESSETH that the said E. F. DOTH demise unto the said C. D., his executors, ad- ministrators and assigns, ALL that dwelling-house [known as No. 3, Albert Street, Liverpool, in the county of Lan- caster], WITH all the easements and appurtenances to the said dwelling-house belonging or therewith held or enjoyed, FROM the day of 18 (6), for the term of [two] (a) Suitable for small houses, where a very short deed is required. The obvious disadvantage of the abbreviated covenants is, that the lessee, unless he refers to the Act, cannot ascertain the extent or na- ture of his obligations. (i) Sec ante, p. 79. FORMS OF LEASES. 325 years thence ensuing [or on a tenancy from year to year or from quarter to quarter], YIELDING therefor during the said term [_or tenancy] the rent of by equal [quarterly] payments on the 25th March, 24th June, 29th September and 25th December in each year, the first of such pay- ments to be made on the day of ,18 . AND Covenants by THAT the said C. D. covenants with the said E. F. to pay lessee - rent ; and to pay taxes ; and to repair ; and that the said E. F. may enter and view state of repair, and that the said C. D. will repair according to notice ; that the said C. D. will not use premises as a shop ; and will not assign without leave ; and that he will leave premises in good repair. The Covenant by said E. F. covenants with the said C. D. for quiet enjoy- lessor - ment. In witness whereof the said parties hereto have hereunto set their hands and seals (c). III. Lease of a House (d). THIS INDENTURE, made the day of 18 , BE- TWEEN E. F. of , , of the one part, and C. D. of , , of the other part, WITNESSETH that the said E. F. DOTH demise unto the said C. D., his executors, administrators and assigns, ALL [insert description of par- cels (e)], WITH all the easements and appurtenances to the said messuage belonging or therewith held or enjoyed (f ), To HAVE AND TO HOLD the said messuage and premises hereby demised, with the appurtenances, UNTO the said C. D., his executors, administrators and assigns, from the day of ,18 (1 ' his heirs, executors, administrators and assigns, covenant To pay rent. w j tn t h e sa id E p ? hi 8 ^ e i rs (,-) an( j assigns, that he the said C. D., his executors, administrators and assigns, will during the said term pay unto the said E. F., his heirs or assigns, the rent hereby reserved in manner hereinbefore To pay taxes, mentioned, without any deduction whatsoever. AND ALSO will pay all taxes, rates, duties and assessments whatsoever, whether parochial, parliamentary or otherwise, now charged or hereafter to be charged upon the said demised premises or upon the said E. F., his heirs or assigns, on account thereof [excepting land tax and property tax ()]. AND To repair. ALSO will during this demise well and sufficiently repair, maintain, pave, empty, cleanse, amend and keep the said de- mised premises, with the appurtenances, in good and substan- tial repair, together with all chimney-pieces, windows, doors, fastenings, water-closets, cisterns, partitions, fixed presses, shelves, pipes, pumps, pales, rails, locks and keys, and all other fixtures and things which at any time during the said term shall be erected and made, when, where and so often as need shall be (damage by fire excepted). AND ALSO will in every year in the said term paint all the outside wood-work and iron-work belonging to the said premises with two coats of proper oil colours in a workmanlike manner. AND ALSO will in every year paint the inside wood, iron and other works now or usually painted with two coats of proper oil colours in a workmanlike manner ; and also re-paper with paper of a quality as at present such parts of the premises as are now papered ; and also wash, stop, whiten or colour such To insure. parts of the said premises as are now plastered. AND ALSO will forthwith insure the said premises hereby demised to the full value thereof in some respectable insurance office, in the joint names of the said E. F., his heirs or assigns, and of the said C. D., his executors, administrators or assigns, and keep the same so insured during the said term ; and will, upon the request of the said E. F., or his heirs or To paint exter- nal wood-work, &c. To paint inside wood-work, &c. (i) In an underlease substitute for "heirs" throughout the deed " executors, administrators." (*) See ante, p. 223. FORMS OF LEASES. 327 assigns, or of his or their agent, show the receipt for the last premium paid for such insurance for every current year ; and as often as the said premises hereby demised shall be burnt down or damaged by fire, all and every the sums or sum of money which shall be recovered or received by the said C. D., his executors, administrators or assigns, for or in respect of such insurance shall be laid out and expended in building or repairing the said demised premises or such parts thereof as shall be burnt down or damaged by fire as aforesaid. AND it is hereby Power to land- agreed that it shall "be lawful for the said E. F., his heirs ly d t I f n ] e l; to take schedule and assigns, and his and their agents, at all seasonable times of fixtures, and during the said term to enter the said demised premises to to view state of repair. take a schedule of the fixtures and things made and erected thereupon, and to examine the condition of the said premises; and further, that all wants of reparation which upon such views shall be found, and for the amendment of which notice in writing shall be left at the premises, the said C. D., his executors, administrators and assigns, will, within three calendar months next after every such notice, well and suf- ficiently repair and make good accordingly. AND ALSO that Premises not the said C. D., his executors, administrators and assigns, will *? shop, &c. not convert, use or occupy the said premises, or any part thereof into or as a shop, warehouse or other place for car- rying on any trade or business whatsoever, or suffer the said premises to be used for any such purpose, or otherwise than as a private dwelling-house, without the previous consent in writing of the said E. F., his heirs or assigns. AND ALSO Lessee not to that the said C. D., his executors, administrators or assigns, ^ ssi , g or un ~ shall not nor will during the said term assign, transfer or un- derlet, or otherwise by any act or deed procure the said pre- mises, or any of them, to be assigned, transferred or underlet, unto any person or persons whomsoever without the previous consent in writing of the said E. F., his heirs or assigns. AND FURTHER, that the said C. D., his executors, adminis- To yield np trators or assigns, will, at the expiration or other sooner repar. determination of the said term, peaceably surrender and yield up unto the said E. F., his heirs or assigns, the said premises hereby demised, with the appurtenances, together with all buildings, erections and fixtures now or hereafter 328 APPENDIX. to be built or erected thereon, in good and substantial repair and condition in all respects, reasonable wear and tear and Proviso for damage by fire (/) or tempest only excepted. PROVIDED ALWAYS, and it is expressly agreed, that if the rent hereby reserved, or any part thereof, shall be unpaid for fifteen days after any of the days on which the same ought to have been paid (although no formal demand shall have been made thereof), or in case of the breach or non-performance of any of the covenants and agreements herein contained on the part of the said C. D., his executors, administrators and assigns, then and in either of such cases it shall be lawful for the said E. F., his heirs or assigns, at any time thereafter, into and upon the said demised premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, repossess and enjoy as of his or their former estate, anything herein contained to the contrary notwithstanding. Covenant by AND the said E. F. doth hereby, for himself, his heirs, exe- lessor for quiet gu^s administrators and assigns, covenant with the said enjoyment. ' C. D., his executors, administrators and assigns, that he and they, paying the rent hereby reserved, and performing the covenants hereinbefore on his and their part contained, shall and may peaceably possess and enjoy the said demised pre- mises for the term hereby granted, without any interruption or disturbance from the said E. F., his heirs or assigns, or any other person or persons lawfully claiming by, from or under him, them or any of them. IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. IV. Lease of a Farm. THIS INDENTURE, made the day of 18 , BETWEEN E. F. of , , of the one part, and C. D. of , , of the other part, WITNESSETH that the said E. F. DOTH demise unto the said C. D., his executors, administrators and assigns, ALL [insert description of par- cels (m)], AND all the easements and appurtenances to the (1) Sec ante, p. 192. (/) See ante, p. 74. FORMS OF LEASES. 329 same premises belonging or therewith, held or enjoyed: EXCEPT all timber and timber-like trees [and all other trees and bushes whatsoever (n)] ; ALSO all mines, minerals (o) [gravel pits] and quarries ; ALSO the exclusive right of hunting, shooting, fishing and sporting over the said pre- mises (jp): To HAVE AND TO HOLD the said messuage, lands and premises hereby demised, with the appurtenances, unto the said C. D., his executors, administrators and assigns, from the day of 18 (. fmntlnlont. removal, 145. effect of seizing goods not upon the demised premises, 1 75. INDEX. 345 DISTRESS FOR RENT continued. when to be made, 149. distress after determination of lease, 149. time within which distress for rent-charge may be made, 150. rent may be made, 161. time of day at which distress must be made, 150. postponement of right to distrain, 150. amount for which it may be made, 151. six years' arrears only recoverable, 151. distress for more rent than is due, 151. distress after bankruptcy, 162, 186. mode of making, 152. warrant of distress, 152. See WARRANT. landlord's liability for acts of bailiff, 153. demand of rent, 153. See DEMAND. effect of tender of rent before seizure, 154. See TENDER. after seizure, but before impounding, 158, 166. after impounding, 166. how entry may be lawfully made, 154 156. See ENTRY. seizure, 156. impounding, 158 163. See IMPOUNDING. abandonment of distress, 163, 164. rescue or poundbreach, 163. requisites to sale under, 164. inventory and notice, 164, 180. forms of, 164, n. (t). how to be served, 165. appraisement, 167, 180. See APPRAISEMENT. form of, 168, n. (q). stamps upon, 168. sale under, 169173. See SALE. costs of, 173. See COSTS. remedies for illegal, 175180. remedy for irregular, 180. excessive, 157. when waiver of forfeiture, 286. notice to quit, 273. DITCHES, ownership of, 215. DOOR, outer, when it may be broken open to distrain, 146, 155. inner, may be broken open, if outer door is open, 1 ."> I. r. Hr.vr, action or distress for, 304. when it ceases to IK> payable, 305. 346 INDEX. DOUBLE VALUE, action for, 802. forms of notice by landlord, 303, n. (d). when acceptance of rent operates as waiver of, 304. no distress for, 131, n. (p). DOWEB, tenant in, leases by, 10. DUCHY OP CORNWALL, leases of lands belonging to, 22. DUCHY OF LANCASTER, leases of lands belonging to, 22. DUPLICATE OP LEASE, 102. stamps upon, 102. DURATION OF LEASES, certainty as to, 81. ECCLESIASTICAL CORPORATIONS, leases by, 1620. stamps upon, 100. leases to, 21. See CORPORATIONS, ECCLESIASTICAL. EJECTMENT, action of, 313. may be brought before entry, 108. for non-payment of rent, 285. jury to find verdict for mesne profits, 314. tenant knowing of writ in, to give notice to landlord, 315. when it may be brought in county court, 315. EMBLEMENTS, by what tenants claimable, 298. on what events, 298. of what crops, 298. entry to cut and carry away, 299. provision as to tenant at rack rent of landlord entitled for uncertain interest, 299. ENDOWMENT OF SEE, leases of lands assigned as, 19. ENROLMENT of leases by tenants in tail, where necessary, 27. ENTRY, by tenant, effect of, 106108. under agreement for lease, 51. void lease, 51. purchase agreement, 51. parol agreement for lease, 63. nature of lessee's interest until, 107. on different parts of premises at different times, 268. INDEX. 347 ENTRY continued. by tenant continued. necessary to enable him to maintain trespass, 107. landlord to maintain use and occupation against him, 108. by executor or administrator of tenant, effect of, 255. by landlord, to repair, 197. to distrain, 154 156. in case of fraudulent removal, 146. when outer door may be broken open, 146, 155. constructive entry, 155. effect of unlawful entry, 155, 175. at end of tenancy, to recover possession, 305. where premises are abandoned, 305. locked up, 305. tenant is in possession, 306. EQUITY, courts of, application to, for specific performance of agreement for lease, 65. injunction against waste, 200. relief against forfeiture, 288. EBBOB in notice to quit, 269. ESCROW, delivery of deed as, 103. ESTOPPEL, leases by, 42, 43. on reservation of rent to stranger to reversion, 112. reversion by, sufficient to support distress, 132. tenant estopped from disputing title of landlord, 42. may show that it has expired, 42. ESTOVEBS, right to, 218. EVICTION, of tenant by landlord, what acts constitute, 230. effect of, 126, 231. from part of premises, 126. by title paramount, apportionment of rent upon, 126. EVIDENCE, extrinsic or verbal, when admissible to explain lease, 69 71. terms upon which unstamped instruments are received in, 94. EXCEPTION, homt differs from reservation, 77. construction of, 77. timber, 78. form of, 329. minerals, 79. form of, 829. liberty to tenant to kill rabbits, 261. See RESERVATION. 348 INDEX. EXCESSIVE DISTBESS, what seizure is excessive, 157. tenant's remedy for, 157. EXECUTION AGAINST TENANT, landlord's remedy for rent upon, 181 185. duty of sheriff, 182. form of notice to sheriff, 183, n. (n). under process of county court, remedies for rent upon, 184. straw, turnips or manure taken under, not to be sold off, 209. hay, grass, &c. not to be sold off, contrary to covenants, 209. tenant to give notice of covenants to sheriff, 209. sheriff to give notice of seizure of produce to landlord, 209. goods taken in, cannot generally be distrained, 141. growing crops seized under, liable to distress for subsequent rent, 184. EXECUTION OP LEASES, by deed, 102. under powers of leasing, 34. by agents, 103. effect of non-execution by lessor, 103. alterations in lease after execution, 104. EXECUTORS, leases by, 30. of lessor, when they may sue upon covenant broken in his lifetime, 253. distrain, 135, 136. of lessee, their liability for rent and upon covenants, 254. assent of, to specific bequest of lease, 254. EXPENSES, of lease, 106. See COSTS. EXTRINSIC EVIDENCE, when admissible, 6971. FACTORS, goods in hands of, for sale, privileged from distress, 139. FALLOWS, not exhausted, compensation for, 300. FALSE DEMONSTRATION, what it is, 74. FARM, meaning of term, 75. form of lease of, 328. FARMING BUILDINGS, meaning of term, 75. FEME COVERT. See MARRIED WOMEN. renewal of leases to, 6, 12. ~ renewal of leases by, 6, 12. FENCES, liability to repair, where there is no express nre mortgage, 116, 133. distress by, for rent due under lease made by mortgagor before mort- gage, 133. distress by, for rent due under lease made by mortgagor after mort- gage, 133. MORTGAGOR, leases by, before the mortgage, 41. to whom rent reserved in, is payable, 116. leases by, after the mortgage, 41. to whom rent reserved in, is payable, 116. distress for rent reserved in, 133. MORTMAIN ACTS, what leases to corporations are within, 15. NECESSARIES, where demised premises are, infant lessee liable for rent, 5. NET RENT, meaning of term, 84. NOTICE, underlessee deemed to have, of covenants in original lease, 238. by mortgagee to tenant of mortgagor, 116, 133. by landlord to sheriff upon execution against tenant, 183. form of, 183, n. (n). to landlord, of want of repairs, 197. of distress for rent, 164. form of, 164, n. (t). landlord not bound by cause of taking mentioned in, 164. effect of want of, 165. action for want of, 180. how to be served, 165. to determine tenancy for optional term of years, 275. form of, 275, n. (c). of tenant's intention to remove agricultural buildings, &c., 296. form of, 296, n. (g). to tenant holding over, to pay double value, 303, n. (d). of intention to proceed before justices for recovery of possession, 306. form of, 307, n. (y). NOTICE TO QUIT, length of, where there is no express agreement, 265. in quarterly, monthly or weekly tenancy, 265. where there is an express agreement, 266. ] mod with reference to which notice must be given, 206. admissions by tenant, 267. INDEX. 359 NOTICE TO QUIT continued. period with reference to which notice must be given continued. where tenant has held over, 267. entered under void lease, 268. in middle of quarter, 268. on different parts of premises at dif- ferent times, 268. how notice must be expressed, 269. forms of notice, 269, n. (g). notice to quit part only of premises leased together, 269. by whom, may be given, 270. how to be served, 271. waiver of, 272. See WAIVER. NUISANCE, liability of landlord, letting premises in such a state as to con- stitute, 191. NURSERYMEN may remove trees and hothouses, 295 OATH,/2. acts which amount to, 63. 360 INDEX. PAWNBROKER, articles pledged with, not distrainable, 140. PAYMENT OP RENT, 128. to person not entitled to it, 117. after destruction of premises by fire, 124. flood or enemy, 1 25. where premises are unfit for nse or habitation, 125. . on non-repair by landlord, 125. to a third person, by tenant for years, not a forfeiture, 283. by bill or note, 128, 132. under agreement for lease, or void lease, 53. by tenant holding over, 54. PENAL RENT, no stamp duty chargeable upon, 100. construction of reservation of, 118. no relief in equity from, 1 18. how long payable, 118. distress for, 132. PENSIONS, assignments of, 2. PERISHABLE GOODS cannot be distrained, 141. PERMISSIVE WASTE, what constitutes, 199. POOR RATE, when it may be deducted from rent, 224. overseers may agree with owner to pay poor rates, 224, n. (h). owners may be rated, 224, n. (i). POSSESSION, person letting premises agrees to give, 229. tenant's obligation to give, at end of lease, 301. when landlord may refuse to accept, 302. landlord's remedies for recovering, 302. indirect, 302. action for double value, 302. action or distress for double rent, 304. direct, 305. entry, 305. proceedings before justices, 306. for recovery of small tenements, 306. deserted premises, 310. proceedings in the county court, 310. where tenant holds over after expiration of term, 310. where half-year's rent is in arrear and landlord has right to re-enter, 311. action of ejectment, 313. POST, remittance of rent by, 129. sending of notice to quit by, 272. INDEX. 361 POSTPONEMENT of right to distrain, 150. POTATOES may bo claimed as emblements, 298. POUND, person distraining liable for injury to animals occasioned by bad condition of, 162. charge for impounding in, 174. POUNDBREACH, remedy for, 163. POWERS, to resume possession of part of premises, 92. construction of, 92 93. POWERS OP LEASING, leases under, 31 34. vested in lunatic, how exercised, 7. leases by married Women in pursuance of, 9. relief on defective execution of, 32. PREMISES, in a lease, 73. PREVIOUS MODE OP ENJOYMENT, evidence of, to explain lease, 71. PRODUCE, sold by sheriff to be consumed on land, 209. not distrainable, 141. nse and disposal of, by purchaser, 210. PROMISSORY NOTE, payment of rent by, 128, 132. PROPERTY, capable of being let, 1. in goods distrained, 171. PROPERTY TAX, when it may be deducted from rent, 119, 223. agreements relating to, 225. for payment of rent, without deducting, are void, 225. PROPOSAL for a lease, 44. PROSTITUTION, leases for purposes of, 201. PROVISO FOR RE-ENTRY, how framed, 88. forms of, 323, 328, 331. to whom right of re-entry should be reserved, 88. construction of, 89 92. by whom lease may be determined under, 284. for non-payment of rent, 284. demand of rent, 284. on bankruptcy of lessee, 88. on severance of reversion, assignees of each part to be entitled to benefit of, 253. PURCHASE AGREEMENT, effect of occupation under, 51. 362 IXDEX. QUABBIES, reservation of, 79, 218. QUABTEBLY TENANCY, what constitutes quarterly reservation of reni, 112. length of notice required to determine, 266. QUIET ENJOYMENT, implied contract for, 229. on word " demise," 74, 229. duration of, 229. how qualified or restrained, 230. to what wrongful entry limited, 230. what constitutes eviction, 230. construction of ordinary covenant for, 232. in lease of right of shooting and sporting over farm, 232. stream of water, 232. construction of general covenant for, 233. special covenants for, 233. damages on breach of covenant for, 234. covenant for, runs with land, 247. form of covenant for, 324. QUITTING, terms of, 292. BABBITS, right of tenant to shoot, 79, 260. lessee of right of shooting, has no right to bring on to farm, 260. KATES, by whom payable, 223, 226228. RE-ASSIGNMENT, discharges assignee from future liability to lessor, 249. to whom it may be made, 249. liabilities of successive assignees upon, 251. RECEIPTS FOB RENT, evidence of change of tenancy, 281. RECEIVES, distress by, 134. notice to quit by, 271. RECITALS in a lease, 73. REDDENDUM, form of, 83. REDUCTION OF RENT, effect of verbal agreement for, 117. RE-ENTBY, PBOVISO FOB, how framed, 88. See PBOVISO FOB RE-ENTBY. REGISTBATION OF LEASES, when necessary, 1 or,. RELATION of landlord and tenant, requisites to, 1. RE-LETTING, when it deprives landlord of claim to previous rent, 231. INDEX. 363 RELIEF, against forfeiture for nonpayment of rent, 288, 290. breach of covenant to insure, 289, 290. covenants for breach of which courts of equity will not grant, 291. REMITTANCE OP RENT, by post, 129. REMOVAL OF FIXTURES, when to be made, 296. RENEWAL OF LEASES, to infants or married women, 6. by infants or married women, 6. of lunatics' property, 7. by ecclesiastical corporation, 20. surrender for purpose of, valid without surrender of underleases, 282. RENT, reservation of, 83. to whom to be reserved, 83. mode of reservation, 84. net rent, meaning of, 84. rent payable in advance, 83. certainty as to amount of, 83, 131. covenant for payment of, 85. runs with the land, 247. lessee liable upon, after assigning lease, 250. what may be reserved as, 109. payments which are not, 110. sums reserved on leases of incorporeal hereditaments, 110. chattels, 110. a mere licence, 111. agreement for a lease, 111. additional rent for improvements, 111. payments over and above the rent, 112. reserved on assignments, 112. to stranger, 112. when payable, 112. where there is no express stipulation, 1 12. construction of express stipulations, 112. payment before the rent day, 114. on morning of rent day, 114. where payable, 115. where there is no express agreement, 115. tenant has covenanted to pay rent, 115. on lease by sovereign, 115. to whom payable, 115. agents, 115. under lr:iM> m:ide by mortgagor before mortgage, 1 1 ">. effect of uuticc by mortgagee, Hi!. 364 INDEX. KENT continued. to whom payable continued. under lease made by mortgagor after mortgage, 116. effect of notice by mortgagee, 1 1 G. upon lease by joint tenants, 116. tenants in common, 1 16. assignment of reversion, 117. effect of payment to person not entitled, 117. amount payable, 117. effect of alteration in, 55. ^ effect of verbal agreement for reduction, 117. increased rent, 118. set-off against rent, 118. deductions which may be made from rent, 119 122. construction of express covenants as to, 122 124. payment of rent after destruction of premises, 124. where premises are unfit for habitation, 125. on non-repair by landlord, 125. suspension of, upon eviction by landlord, 126, 231. apportionment of, 126. in respect of estate, 126. time, 127. payment of, 128. effect of, 129. in creating tenancy from year to year, 52, 53, 54. as act of part performance, 63. within what time recoverable, 151. right of landlord to, not barred by nonpayment, 151. demand of, before distress, 153. not recoverable under leases for illegal or immoral purposes, 200. remedies for recovery of, 130 189. distress, 131180. on execution against tenant, 181 185. on bankruptcy of tenant, 185187. action, 187-188. RENT-CHARGE, within what time recoverable, 150. REPAIR, liability of tenant as to, where there is no express agreement, 189. obligations of tenants at will, 189. from year to year, 189. for terms of years, 190. life, 190. nnderlessee, 238. landlord, 190. liability of tenant as to, where there is an express agreement, 191. INDEX. 365 R EPAIB continued. construction of general covenant to repair, 191. covenant to put into repair, 193. keep in repair, 193. covenants to repair generally and to repair after notice, 194. conditional covenants to repair, 195. special agreements relating to repairs, 195. when liability of lessee upon covenant commences, 195. no relief in equity for forfeiture on breach of, 291. measure of damages for breach of covenant to repair, 197. when covenants to repair run with land, 247. REPLEVIN, when applicable, 176. substantial damages not recoverable upon, 176. proceedings in, 176 178. security upon, 178. RESCUE, remedy for, 163. of illegal distress, 175. RESERVATION, how it differs from an exception, 77. construction of, 77. of right of hunting, shooting, &c., 79. REVERSION, what is sufficient to support a distress, 132. tenant from year to year underletting from year to year, 136. effect of severance of, on lease by joint-tenants, 136. on conditions of re-entry, 253. grant of, 252. remedies of grantees, 252. lessees, 252. grantee may avail himself of notice to quit given by preceding owner, 271. when surrendered or merged, next vested estate to be deemed rever- sion, 283. ROYALTY, payable to owner of brickfield, 110. SALE UNDER DISTRESS, requisites to, 164. when to be made, 169, 172. standing com and growing crops, 171!. how long landlord may remain on premises for purpose of selling, 1 7_. no order required to be observed upon, 170. of hay and straw prohibited from being carried off the premises, 170. where it mny bo made, 171. 366 INDEX. SAI.F. TTNDER DISTRESS continued. to whom it may be made, 171. to appraisers, 171. not to landlord, 171. action for not selling for best price, 170, 180. selling before the proper time, 173, 180. postponement of, 172. form of consent to, 1 72, n. (r). of cattle impounded, to recover cost of food and water, 162. SECOND DISTBESS, cannot generally be made, 157, 175. when it may be made, 158, 163. SECOND NOTICE TO QUIT, when waiver of former notice to quit, 273. SEE. leases of lands assigned as endowment of, 19. SEIZUBE, of goods under distress, how made, 156. requisites to, 156. SEPARATE USE, leases by married women of property settled to, 9. SERVANT, occupation by, 47, 51. service of notice to quit upon, 271. of landlord, effect of tenant's becoming, 281. SERVICE, of notice of distress, 166. of notice to quit, 271. given by landlord, 271. tenant, 272. SERVICES, personal, reserved.fcs rent, 1 10. SET-OFF, against rent, 118. general rule, 118. on action for rent, 119. SETTLED ESTATES, leases of, 34 41. lunatics', leases of, 8. leases of, by husbands entitled in right of wives, 10. SEWERS' RATE, when it may be deducted from rent, 120, 223. tenant liable to pay, under reservation of net rent, 84. SHEEP, when distrainable, 142, 143. SHERIFF, duty of, on execution against tenant, 182. action by landlord against, 183. form of notice to, 183, n. (n). taking fixtures belonging to landlord, restrained by Court of Chan- cery, 184. INDEX. 367 SITKRIFF - continued. not to sell clover or artificial grass growing nndcr standing corn, 208. not to sell off straw, tnrnips or manure in any case, or hay, &c. con- trary to covenants, 209. may dispose of produce subject to agreement to expend it on land, 209. to send notice by post to landlord and his agent, stating that produce has been seized, 209. SHOP, covenant not to use premises as, 205. form of, 322. SIGNATURE, whether essential to leases, 103. SMALL TENEMENTS, proceedings before justices for rccoA r ery of, 306. proceedings in county courts for recovery of. 310. SPECIFIC PERFORMANCE, of contract for agreement for lease, 65. requisites to, 65. where not granted, 66. SPORTING, construction of reservation of right of, 79, 2CO. construction of covenant for quiet enjoyment in lease of exclusive right of, 232. grant of leave to hunt over premises, 201. special agreements relating to, 261. STAMPS, on agreements, 66. on leases, 93101. amount of duty, 98, 99. how charged on produce, &c. reserved as rent, 99. on leases by ecclesiastical corporations, 100. Trinity College, Dublin, 100. where duty may be denoted by adhesive stamp, 101. where two stamps are necessary, 97. effect of want of, 93. provisions as to stamping instruments after execution, 94. executed abroad, 94. terms upon which unstamped instruments may be received in evidence, 94. on counterparts and duplicates, 102. on appraisements, 168. STATUTES CITED. See INDEX OF. STATUTORY FORM OF LEASE, 317324. STRANGER TO THE REVERSION, sums by way of rent reserved to, 1 1 2. 368 INDKX. STRAW, distress of, 138. where to be impounded, 159. sale of, on condition that purchaser shall consume it on premises, 170. taken in execution, not to be sold off, 200. construction of agreements relating to, 212. SUFFERANCE, tenancy by, instances of, 49. effect of assent of owner, 50. how determined, 262. SUFFERANCE, tenant by, cannot underlet, 235. SUNSET, distress made after, illegal, 150, 175. SURETIES FOR RENT, in lease of wife's lands not acknowledged by her, 104. how discharged, 273. SURRENDER, apportionment of rent npon, 126. express, 278. how to be made, 279. implied, 279. acts which constitute, 279. delivery and acceptance of keys, 279. acceptance of new lease, 280. by landlord of third person as tenant with con- sent of prior tenant, 281. creation of inconsistent relation, 281. operation of, on rights of third persons, 281. for purpose of renewal, valid without surrender of underleases, 282. SUSPENSION OF RENT, on eviction from part of premises, 126. TAIL, tenants in, leases of settled estates of lunatic, 8. leases by, 26. TAXES, liability to pay, where there is no express agreement, 223. taxes which fall on landlord, 119, 120, 223. statutory provisions as to payment of poor rates, 224. agreements relating to property tax, 225. payment of tithe rent-charge by landlord or succeeding tenant, 225. construction of agreements relating to payment of, 226. TECHNICAL TERMS, when evidence of, is admissible to explain lease, 70. TENANCY, creation of, 1. different kinds of, 49. I.NDKX. 369 TENANCY continued. different kinds of continued. by sufferance, 49. at will, 50. from year to year, 53. for years, 57. for life, 59. contract of, 60. agreements for lease?, 61. leases, 67. terms of, 109. determination of, 262. TENANT'S FIXTURES, what articles are, 294. TENDER, of amends in action for irregular distress, 181. of rent, 167. what constitutes, 167. person distraining entitled to, 151. to whom to be made, 1 66. effect of, before seizure under distress, 154, 17.">. after seizure, but before impounding, 1G6. after impounding, 166. on distress of growing crops, 166. to prevent a forfeiture, 285. TERMS, of tenancy, 109. of quitting, 292. THEREABOUTS, meaning of, 77, n. (a). THOUSAND, meaning of, by local usage, 71. TILLAGES, compensation for, 300. landlord bound to pay for, where no incoming tenant, 301. TIMBER, what are timber trees, 217. property in, 217. as between landlord and tenant, 217. third persons, 217. windfalls, 218. construction of exception of, 78. agreements relating to, 218. TITHE RENT-CHARGE, when it may be deducted from rent, 120, 223. left unpaid by outgoing tenant, 225. TITHES, leases of, 69. TITLE, lessor's, to be made out on sale of lease, 1~>-. implied contract as to, on agreement for lease, 64. F. B n 370 INDEX. TITLE-DEEDS, cannot bo distrained, 139. TOLLS OP TURNPIKE ROADS, agreements for letting, 69, n. (i). TRADE, contracts in restraint of, when valid, 202. covenants prohibiting exercise of trade on demised premises, 203 run with the land, 247. relating to trading with particular persons, 205. fixtures, 294. TREES, what, are timber, 217. property in, 217. boshes, 218. windfalls of trees, 218. construction of agreements relating to, 218. planted by tenant, not removable by him, 294. TRESPASS, ACTION OF, not maintainable until entry, 107. for illegal distress, 178. TRINITY COLLEGE, DUBLIN, stamp duty on leases by, 100. TRUSTEE, leases by, 30. leases to, by cestui que trust, 44. in bankruptcy may dispose of lease, notwithstanding proviso or cove- nant against assignment, 241. what property vests in, 257. may disclaim onerous lease, 257. UNDER-LEASE, right to underlet where there is no express agreement, 235. tenant for years or from year to year, 235. tenant at will or by sufferance, 235, 264. construction of express covenants relating to underletting, 236. how distinguished from an assignment, 236. surrender of, not necessary on surrender of original lease for purpose of renewal, 282. UNDER-TENANT, implied agreement by his landlord to protect him from superior landlord's distress, 230. when he may deduct from rent payments to original landlord, 121. rights and liabilities of, 237. as against original lessor, 237. underlessor, 238. other under-tenants, 239. original landlord cannot recover against, by notice to quit in his own name, 271. effect of holding over by, 302. UNIVERSITIES, leases by, 22. INDEX. 371 UNSTAMPED INSTRUMENTS, on what terms received in evidence, 94. USAGE. Sec CUSTOM. when evidence of, is admitted to explain lease, 70. USE, things in, cannot be distrained, 140. USE AND OCCUPATION, when maintainable, 108, 188. measure of damages in, 188. against person in possession under contract of sale, 51. USUAL COVENANTS, what are, 85. USUAL FEASTS, meaning of term, 113. VERBAL DISCLAIMER, what expressions amount to, 274. VERBAL EVIDENCE, when admissible, 6971. VERBAL LEASE, in what cases valid, 68. VOID, lease, effect of occupation under, 51. payment of rent under, 53. acceptance of, not implied surrender, 280. assignment, not a breach of covenant not to assign, 242. VOLUNTARY WASTE, what amounts to, 198. WAIVER, of notice to quit, 272. by second notice to quit, 273. acceptance of rent, 273. holding over, 273. consent of both parties requisite to withdrawal of notice to quit, 273. of forfeiture, 286. acts amounting to, 286. acceptance of rent due after forfeiture, 286. unqualified demand of rent after forfeiture, 287. agreement by landlord to grant new lease after expiration of forfeited lease, 287. advice by landlord after forfeiture, to purchase interest of lessee, 287. where breach of covenant causing forfeiture is continuous, 287. of double value, 304. WALL, ownership of, 216. 372 INDKX. WARRANT OF DISTRESS, form of, 152, n. (z). implied indemnity to bailiff under, 152. express indemnity to bailiff, 153. WASTE, voluntary, what constitutes, 198. acts of destruction, 198. changing nature of demised premises, 199. permissive, what constitutes, 199. liability for, of tenants for life or years, 200. at will, or from year to year, 200. remedy for, 200. action at law, 200. injunction of court of chancery, 200. by tenant at will, determines his tenancy, 264. WASTES, leases of, by lords of manors, 29. WATER, meaning of term, 75. WAY, RIGHT OF, under what words will pass, 76. leases of, 69. WEEKLY TENANCY, length of notice required to determine, 265. WILL, TENANCY AT, how created expressly, 50. when it arises by implication, 50. effect of payment of rent, 52. reservation of rent upon, 52. how determined, 263. expressly, 263. impliedly, 263. by what acts of landlord, 263. tenant, 264. WILL, TENANT AT, obligations of, as to repairs, 189. fences, 215. liability of, for waste, 200. underleases by, 235. claim of, to emblements, 298. WINDFALLS of timber, to whom they belong, 218. WiNDlNO-TJP, distress after commencement of, 143. WRIT, in ejectment, when it may stand in place of demand and re-entry, 285. INDEX. 373 YEAR TO YEAR, TENANCY FROM, how distinguished from tenancy at will, 53. how created expressly, 53. where it arises by implication, 53, 68. how implication may be rebutted, 54. when implied tenancy commences, 56. when determinable, 265. how determinable, 265 274. notice to quit, 265 274. verbal disclaimer, 274. circumstances showing intention to create, 52. terms consistent with, 56, 57. YEAR TO YEAR, TENANT FROM, obligations of, as to repairs, 189. fences, 215. liability for waste, 200. right to underlet, 235. YEARS, TENANCY FOR, how created, 57. what certainty requisite, 58, 80, 81. may be made dependent on contingency, 58. YEARS, TENANT FOR, obligations of, as to repairs, 190. fences, 214. liability of, for waste, 2e impossible, within nur limits, 10 adopted the doubtful expedient of editing the place before our readeis any worthy resume of Act. They have stated the provisions of the Act this complete Manual. I he essential merit of the in a practical way. so as to save those who have work is COapWMMMi and we think we may assure to use it the trouble of groping amongst sections our readers that work so well doue will meet with and rules." County Conrtt Ch/oicle and Gazette it* reward." Law Mayaiine. of Bankruptcy. '' I In' peculiarity of this b -ok seems to be, that " This is a treatise, not an edition, of the Act* ; the pans which deal wiih mere mailers of prac- they have brought together all the decisions tin', and are founded upon the rules, are wonder- which are likely to have any bearing on the con- fully well done. There may b errors or omis- struction of the Act. A vrry complete Index MOIIS, but wo have Lot met with them." -Wi- makes the work all that the practitioner, he he citon' Journal. barrister or solicitor, can require." Law Times, " We are very glad to find that they have not Shelford's Law of Railways. Fourth Edition by Glen. In 2 thick vols. royal 8vo., 63*. cloth. SHELFORD'S LAW of RAILWAYS ; containing the whole of the Statute Law for the Regulation of Railways in England, Scotland and Ireland : with copious Notes of Decided Cases upon the Statutes, In- troduction to the Law of Railways, and Appendix of Official Documents. Fourth Edition. By WILLIAM CUNNINGHAM GLKN, Barrister-at-Law, Author of the "Law of Highways," "Law of Public Health and Local Government," &c. From the LAW MAGAZINE. unceasingly engaged in collecting materials, and "Though we have not had the opportunity of ikoojA he has been ready for the printer for going conscientiously through the whole of this ioaje l \ me > and has dela y td appearance of elaborate couipiUlion, we have been able to de- th volu . n '.' n th ,e expectation of legislative vote enough time to it to be able to speak in the changes in railway law yet he has expended full highest terms of the judgment and ability with ? ve >'*?" of . car . e alld , attentl " ou his work winch it has been prepared, lis execution quae L t , u h P that he . wl " have I' cau ' e to tl " nk jusi.fies the repuiaiiou which Mr. Glen has his labour has been in vain. ^/ way already acquired as a legal writer, and proves le "' re '? J"* lHa ' Mr .- C "**'?.* f"'\ n '*"" ****** "/ / T/ie work must lake its MfWUMMflMl position at the leading Manual of the Hallway Law oj Great Frotn the JUSTICE OF THE PEACE. (ilen. indeed, seems to be saturated with know ha* hitherto been cJerda,the test-Norton the ledne of his iiihiirt Thp value of ihp work i iuhjecl (bheltord) has teen immeasurably tm- Neatly ncreas U ed by a immber .."Lwlemenia "'"^ '* "" '>'." f ' ' -^ ?">*< derisions which irive al' th* <>*um n o the and learning . Suttlcl.lH, howeier, has been done ^BS@SF U From the LAW TIMES w " *' e greatly increased liy Mr. Glen's inslru- " Mr Glen has done wisely in pn-serving that SS^tf r^t^nVtow^i'.^ ^^o^h^h^r^e-n're''^;?^*^"^ ^' bul l " al he wi " * addej ' uat """> additions have been required, but he has a c.lrfim ot his own. He is a worthy successor of I'rom tke SOLICITORS' JOURNAL. the original auihor, and possesses much of ihe i he practilioner will lind here collected same industry, skill in arrangement and astute- together all the enactments bearing on every ness in enumer.,ling ihe poinls really decided possible sul.jrct which may c e l-efore hun in by cued ca.es. Hut we^ have said enough of a C onn-tion w,th railways or railway travelling, work already so well known It will have a \vhalrver 'luestions mnv arise the K\er who place not in the library ol the lawyer alone. It has this book upon his shelves, may say lo him- is a book which every railway office should ,.|f |i there has been any lemslatK.n at all con- keep on us shell ior n-lerence. net-led with this branch of the subject 1 shall it r , , . , once find ii in Sheltord ;' and it needs not to br From the LAW JOURNAL. 5ajd t ht on this account the bo k will be a very " Mr Giro has modestly founded his work as ' comfortable' one to possess. I he colled ion is a superstructure on thai of Mr. Leonard Shelionl. equal! v exhaustive in the mailer of rules, orders, but he has certainly claims to publish it a* a precedents and documents of official authority. purely independent composition. The toil Uas Jo sum up ur review; as a collection of been as great, and the reward ought to be as statutes and general information the work will omplete. as if Mr. Glen hud disregarded all his prove exiremrly useful. because iu these respect* predecessors in ihe production of treatises on it is so perfectly exhaustive." railway law. Since the year 1864 he has ls it noted up, will be armed on SVe heartily congratulate him on the appearance all parts and points of the law of joint stock of this work, for wh ch we autiripaie a great sue- companies." Solicitor*' Journal cess. There is hardly any portion of the law at " Although nominally a second edition of Mr- the present day so important as that which re- Shellord s treatise, it is in reality an original lates to joint stock companies, and that thin work work, the form and arrangement adopted by Mr. will be the standard authority on the subject we Shelford have been changed and, we think, im- liave not the shadow of a dtmbt." Law Journal. proved by Mr. 1'itcairn. A full and accurate in- "After a careful examination of this work we dex also adds to the value of the work, the merits are bound to say that we know of no other of which, we cnn have no doubt, will be fully re- which surpasses it in two all -important attri- cognized by the profession." Law Magazine. butes of a law book : first, a clear conception on " Jhis hook has always been the vade mecum the part of the author of what be intends to do on company law, and will, apparently, long con- and how he intends to treat his subject: and tinue to occupy thnt position. It is perhaps even lecondly, a consistent, laborious and intelligent more useful to the legal practitioner than to the adherence 10 his proposed order and method. mnn of business, but still it is the best source of All decisions are noted and epitomised in their inloimation to which the latter can gO-"fbf- proper places, the pT'Cttre-dccbioo* in the notes citr ad Money Marktt Itei-iiit. to Acts and RUM, and the remainder in the MESSRS. BUTTERWOETH, 7, FLEET STREET, E.G. Fisher's General Law of Mortgage. Second Edition. Two vols. roy;sl 8vo., 55*. cloth. THE LAW of MORTGAGE, and other Securities upon Pro- perty. By WILLIAM UICIIARD FISIIKU, of Lincoln's Inn, Esq., Barrister at Law. Second Edition, very considerably enlarged. "For a length of time it has been received a^ the best text book on the law of mortgages, and it has recently received the honours of a second edition. We have never been niggards towards Mr.Fisher's very laborious, learnedand useful treatise, and we still see no reason to retract those commendations or to icduce their measure. His book thoroughly deserves the character it has won of being the only good and complete repertory we have of the law of mortgages, and other securities upon pro- perty." Latr Magazine. "The second edition of this book, comprised in two volumes of royal octavo, has little beyond its paternity to identify it with the original volume which appeared in 1856. If we speak of the author's first essay as merely tentative and meagre and partial, it is only to draw particular attention to the very complete arrangement and copious detail of the edition now before the public and we doubt not that the excellence of the work will receive its due appreciation at tho hands of the profession. A word in conclusion is due to the clearness and simplicity which pervades Mr. Fisher's writing. It his language is too often bold and devoid of grace it is never obscure, and we think that the absence of attractive composition will not in these day* be accounted a demerit in a treatise designed solely for professional purposes, which pos- sesses the essential qualities of accurate learn- ing and lucid arrangement." Law Journal. " The labour bestowed upon it by Mr. Fisher will be best understood by this fact. The mere list of cases cited in the text fills forty- three pages in double columns, and the list of statute* and orders cited occupies fifteen pages. We conclude by commending this work equally to the practitioner and the stu- dent; it will he invaluable to the former for reference, to the latter for reading and digest- ing." Laic Timet. Coote's Admiralty Practice. Second Edition. 8vo., 16s. cloth. THE PRACTICE of the HIGH COURT of ADMIRALTY of ENGLAND: also the Practice of the Judicial Committee of Her Majesty's Most Honorable Privy Council in Admiralty Appeals, with Forms and Bills of Costs. By HENUY CHARLES COOTE, F.S.A., one of the Ex- aminers of the High Court of Admiralty, Author of "The Practice of the Court of Probate," &c. Second Edition, almost entirely re-written, with a Supplement giving the County Courts Jurisdiction and Practice in Admiralty, the Act of 1868, Rules, Orders, &c. THE SUPPLEMENT containing the COUNTY COURT PEACTICE IN ADMIRALTY -is complete in itself a nil nnii/ he Inul xt-jiarately, 2s. seived. ** Thit front contnins ev?rii Common Form in use by Uie Practitioner in Admiralty, as tcell at every description of Bill of Costs in that Court, a feature poisessed by no other vork on the Practice in ' Mr. Coote, being an Examiner of the Court, may be considered as an authoritative exponent of the points of which he treats. His treatise is, substantially considered, every- thing that can be desired to the practitioner." Law Magazine. "The book before us is a second and en- larged edition of a work on the Practice of the Admiralty Court, written by the author some ten years ago. It i-, however, a great im- provement on its predecessor, beinR much fuller and more systematically arranged, and containing greater facilities for reference. The tirst part of the book is a treatise on the practice of the Court, which appears to us to lie very carefully done, and to go thoroughly into the subject. The second part is a similar treatise on the practice of the Judicial Com- mittee of the Privy Council in Admiralty matters, written on the same system as the former part. The appendix contains a large number of common forms and precedents nf pleadings used in the Court of Admiralty, together with hills of costs. Altogether Mr. Coote has done liis woik very carefully and completely, and we think 1m labours will be duly appreciated by Admiralty practitioners,." Solicitor^ Journal. ' The first edition of this excellent work was produced for the purpose of illustrating the practice of the High Court of Admiralty. Just then subordinated to the ' Rules of 1859' drawn up by the late distinguished judge. Since then several important changes have been carried out, both in the matter of an extended jurisdiction and of practice. These changes it has been Mr. Coote's object to in- corporate in the present edition of his work. In addition he has increased the utility of his book by a chapter on the practice of the Judicial Committee of the Privy Council in Admiralty Appeals, and by a copious set of Admiralty precedents, in which it is the author's hope and belief that no necessary cnnimon form has been omitted. The edition appears very seasonably." .S/ii/ be found in every country gentleman's library, relating to the fencing of the property of mine that the cases are brought down to the latest owners and railway companies. All the ces dite. and that it is carefully prepared, clearly which have been decided since the work fir.M written, and well edited." Law Mafatine. appeared have been introduced in their proper " Mr. Hunt chose a good subject for a sepa- places. Thus it will be seen this new edition rate treatise on boundaries and Fences and has a considerably enhanced value." Solicilun' Rights to the Seashore, and we are not sur- Journal. prised to find that a second edition of his book Ortolan's Roman Law, translated by Prichard & Nasmith. 8vo., 285. cloth. THE HISTORY of ROMAN LAW, from the Text of Ortolan's Histoire de la Legislation Roraaine et Generalisation du Droit (Edition of 1870). Translated, with the Author's permission, and Supplemented by a Chronometrical Chart of Roman History. By ILTDDUS T. PRICHARD, Esq., F.S.S., and DAVID NASMITH, LL.B., Barristers at Law. " We know of no work, which, in our opinion, approved, ami bids fairly for extensive adoption." exhibits so perfect a model of what a text-book Lau Journal. ought to be. of the translation before as, it is " We are extremely glad to welcome the ap- enough to say, that it is a laithful representation pearnnce of a translation of any of the works of of the original." Lau Magazine. M. Ortolan, and the history and generalization " This translation, from its great merit, de- of Koman law, which are now presented to as rerves a warm reception from all who desire to in English, are perhaps the most useful books be acquainted with t'.e history and elements of that could be offered at the present lime to stu- Koman law, or have its interests as a necessary dents of the homan law. The utility of Woman part of sound legal education at heart. With re- law, as an instrument of legal education, is now gard to that great work it is enough to say, that generally admitted. The Lnglish of the book is English writers have been continually in the unusually free from foreign idiomswhich sooften habit of doing piecemeal what Messrs. I'rirhard disfigure translations. The book itself we strongly and Nasmith have done wholesale. Hitherto we recommend to all who are interested in Konimi have had but gold-dust from the mine; now we law, jurisprudence or history, and who are not are fortunate 'n obtaininga nugget Mr. Nasmith sufficiently familiar with French, to be able to is already known as the designer of a chart of read the original with ease." Solictiort' Journal. the history of England, which nas been generally Tomkins' Institutes of Roman Law. Part I. royal 8vo. (to be completed in Three Parts) 12*. cloth. THE INSTITUTES OF THE ROMAN LAW. PART I. The Sources of the Roman Law and its external History to the decline of the Eastern and Western Empires. By FREDERICK J. TOMKINS, M.A., D.C.L., Barrister-at-Law, of Lincoln's Inn. " This work promises to be an important and English writer has collated the matter therein valuable contribution to the study of the Koman contained." Law Journal. Law." Law Magazine. " Mr. Tomkius has chosen his subject wisely "Of all the works on the Roman [aw we in at least one respect, there can be no doubt believe this will be the l>est suited to law stu- that a good introductory treatise on the Homan dents. Mr Tomkins gives us a simple Knglish law is sorely Deeded at present. The present history of Homan Law. ai ranged most lucidly part is only an instalment, lint the present part with marginal notes, and printed in a form cal- is unquestionably both valuable in itself and of i ul iied for easy reading and retention tn the good promise for the future. We know of no memory- We welcome the book of Mr. Tom- other book in which anything like the same kins. It is calculated to promote the study of amount of information can be acquired with the Koman Law; and both at the I Diversities and in same ease. We shall look with great interest the Inns of Court it is a work which may safely for the publication of the remainder of this and beneficially be employed as a text book." treatise. If the second part is as well executed Lav: Timei. as the first and bears a due proportion to it. we " This work is pronounced by its author to be think the work bids fair to become the standard strictly elementary. But in regard to the labour text book for English students." SolicHott' bestowed, the research exercised, and the ma- Journal. terials brought together, it seems to deserve a " The study of this volume is necessary to all more ambitious title than that of aa elementary who wish to be properly acquainted with the treatise. The chapter on legal instruction, de- history and literature of the Koman law." tailing the systems of legal education pursued Iriih Laa Times. in the various epochs of Home, reflects great " .Mr. Tomkins has produced a book that was credit on the author, and so far as we know is long needed. Law Jliamina'ion Reporter purely original, in the sense *hat uo preceding MESSRS. BUTTERWORTH, 7, FLEET STREET, E.G. 9 Saunders' Law of Negligence. 1 vol., post 8vo., 9,. cloth. A TREATISE on the LAW applicable to NEGLIGENCE. By THOMAS W. SAUNDERS, Esq., Barrister at Law, Recorder of Bath. "The book is admirable; while small in duced a work which will facilitate reference to bulk, it contains everything that is necessary, the authorities." Solicitor? Journal, and its arrangement is such that one can ". . . the carefully prepared anil practic.illy readily refei to it. Amongst those who have usfful volume now under notice. As a work of done good service, Mr. Saunders will find a reference the book will be very welconv! in the place." Law Magatine. office of the solicitor or in the chambers of the " In the useful little volume now before us barrister." Morning Advertiser. he has gathered the whole law of negligence; " A short and clear treatise like the present arranged it scientifically; set forth all the on the law relating to the subject oucht to oe decisions; enunciated, wherever possible, the welcomed. It is a moderate size volume, and principles of each, and stated them in the shape makes references to all the authorities on the of propositions which may now be deemed to question easy." Standard. be. established. Mr. T. W. Saunders is well " it is a ereat advantage to the lg*l pro- Known as a large contributor to legal literature, fession to find all the law of negligence col- and all his works are distinguished by pains- lected and arranged in a manual of reasonable taking and accuracy. This one is no exception; size. Such is Mr. Sauuders' book." Public and tlie subject, which is of very extensive in- Opinion terest, will insure for it a cordial welcome from " A serviceable and seasonal I e treatise ou the profession.'" Law Ttmet. the law of uf gligence, by Thomas W. S.iundeis, "The references to the casts are given much Esq., Recorder of Bath." Telegraph. more fully, and on a more rational system " A careful treatise ou a branch of law which than is common with text hook writers. He is daily acquiring importance. The manual has a good index. Mr. Sauuders has been before us is a useful treatise."- Echo. hippy in the choice of a subject; he has pro- Ingram's Law of Compensation. 2nd Edit, by Elmes. Post 8vo., 12*. cloth. COMPENSATION to LAND and HOUSE OWNERS: being a Treatise on the Law of the Compensation for Interests in Lands, &c. payable by Railway and other Public Companies ; with an Appendix of Forms and Statutes. By THOMAS DUNBAR INGRAM, of Lincoln's Inn, Esq., Barrister at Law, now Professor of Jurisprudence and Indian Law in the Presidency College, Calcutta. Second Edition. By J. J. ELMES, of the Inner Temple, Esq., Barrister at Law. " We say at once that it is a work of great satiou for it, cannot fail to perform his duty merit. It is a concise, clear and complete ex- rightly." Law Tirittt. position of the law of compensation applicable " This work appears to be carefully prepared to the owners of real property and railway and as regards its matter. This edition is a third other companies." Laa Magaane. larger than the fiist ; it contains twice as many " Whether for companies taking laud or hold- cases, and an enlarged index. It was much ing it, Mr. Ingram's volume will be a welcome called for, and doubtless will be found very guide. With this iu his hand the legal adviser of useful to the practitioner." Law JUagatint, a company, or of an owner and occupier whose tecond notici. property is taken, and who demands compeu- Cutler's Law of Naturalization. 12mo., 3s. 6d. cloth. THE LAW of NATURALIZATION; as Amended by the Acts of 1870. By JOHN CUTLER, B.A., of Lincoln's Inn, Barrister at Law, Editor of " Powell's Law of Evidence," &c. " The anther's position as Professor of English the present state of the law upon tiiis most im- l.aw and Jurisprudence is a guarantee of his portant subject.'' Juttict of Ike Ptae*. legal competence, whilst his literary abilities " This little work will be found of use to our have enabled him to clothe his legal knowledse countrymen resident abroad, as well as to in language which laymen can understand with- foreigners resident iu this country." Puttie out being misled by it." John Dull. Opinion. Mr. Cutler, in the work before us, lucidly The book is a model of what a treatise uf explains the state of the law previous to the its kind should be ."- -Sunday Timei. recent statute, and shows the alterations pro- " A very convenient hand book to the law duced by it, so that :i careful perusal of this of naturali/.iin>n. .15 amended by the. Acts of book will euablc the reader fully to comprehend 1870." Weekly Tinm. 10 LAW WORKS PUBLISHED BY Brabrook's Co-operative and Provident Societies. 12mo., (is. cloth. THE LAW relating to INDUSTRIAL and PROVIDENT SOCIETIES, including the Winding-up Clauses, with a Practical Intro- duction, Notes, and Model Rules, to which are added the Law of France on the same subject, and Remarks on Tradi-s Unions. By EDWARD W. BRABROOK, F.S.A., of Lincoln's Inn, Esq., Barrister at Law, Assistant Registrar of Friendly Societies in England. in which are contained many valuable and im- portant hints." Law Magazine. " Mr. llrahrook brings not merely official know, ledge ofhisleKal position as the barrister recently appointed to assist Air. Tidd Prntl, Henistrr of Friendly Societies in England, but the devotion of many years to a practical study of oar in- dustrial and provident institutions.' Pott " It may be usefully consulted by practitioners desirous of learning something more upon the subject than is to be found in works on partner- ship and joint stock companies. The book is thoughtfully written, and we recommend it to those who desire to learn something practical nbout the. work which these societies are meant to do and the way in which it is to be done." Solicitor!' Jmtrnal. " Mr. Brabrook's little work on these societies is opportune, and the Matistics and information contained in it are valuable and interesting. '] here is a chapter devoted to practical advice, " The author speaks with practical experience and authority." Olierrtr. " The clear exposition made by Mr. Urabrook in this volume supplies all the requisite informa- tion, and persons interested in the subject will do well to consult its pages." Ktvn of tkt World. Rouse's Conveyancer. 3rd Ed. with Supplement to 1871. Two vols. 8vo., 30*. cloth. The PRACTICAL CONVEYANCER, giving, in a mode com- bining facility of reference with general utility, upwards of Four Hundred Precedents of Conveyances, Mortgages and Leases, Settlements, and Mis- cellaneous Forms, with (not in previous editions) tlie Law and numerous Outline Forms and Clauses of WILLS and Abstracts of Statutes affecting Real Property, Conveyancing Memoranda, &c. By ROLLA ROUSE, Esq., of the Middle Temple, Barrister at Law, Author of "The Practical Man," &c. Third Edition, greatly enlarged. With a Supplement, giving Abstracts of the Statutory Provisions affecting the Practice in Conveyancing, to the end of 1870; and the requisite Alterations in Forms, with some new Forms ; and including a full Abstract in numbered Clauses of the Stamp Act, 1870. THE SUPPLEMENT separately, price 1. Gd. served. " The best test of the value of a book written professedly for practical men is the practical one of the number of editions through which it p:isscs. The fact that this well-known work has now reached its third shows that it is con- sidered by those for whose convenience it was written to fulfil its purpose well." Law Magazine. "This is the third edition in ten years, a proof that practitioners have used and ap- proved the precedents collected by Mr. Rouse. In this edition, which is greatly enlarged, he has for the first time introduced Precedents of Wills, extending to no less than 116 pages. We can accord unrningled praise to the con- veyancing memoranda showing the practical effect of the various statutory provisions in the different parts of a deed. If the two preceding editions have been so well received, the wel- come given to this one by the profession will be heartier still " Law Times. " So far as a careful peru>al of Mr. Rouse's hook enables us to judge of its merits, we think that as a collection of precedents of general utility in cases of common occurrence it will be found satisfactorily to stand the application of the lest. The draftsman will find in the Practical Conveyancer precedents appropriate to all instruments of common occurrence, and the collection appears to be especially well supplied with those which relate to copyhold estates. In order to avoid useless repetition and also to make the precedents as Dimple as possible. Mr. Rouse has sketched out a num- ber of outline drafts so a* to present to the reader a sort of bird's eye view of each instru- ment and show him its form at a glance. Each paragraph in these outline forms refers, by distinguishing letters and numbers, to the clauses in full required to be inserted in the respective parts of the instrument, and which are given in a subsequent part of the work, and thus every precedent in outline is made of itself an index to the clauses which are neces- sary to complete the draft. In order still further to simplify the arrangement of the work, the author has adopted a plan (which seems to us fully to answer its purpose) of {,'ivins: the variations which may occur in any instrument according to the natural order of its different parts." Laic Journal. " That the work has found lavor is proved by the fact of our now having to review a third edition. This method of skeleton precedents appears to us to be attended with important advantages. To clerks and other young hands a course of conveyancing under Mr. Rouse's auspices is, we think, calculated to prove very instructive. To the solicitor, es- pecially the country practitioner, who has often to set his clerks to work upon drafts of no particular difficulty to the experienced practitioner, but upon which they the said clerks are not to be quite trusted alone, we think to such gentlemen Mi. House's collec- tion of Precedents is calculated to prove ex- tremely serviceable. We repeat, in conclusion, that solicitors, especially those practising in the country, will find this a useful work." Solicitors' Journal. MESSRS. BUTTERWORTH, 7, FLEET. STREET, B.C. 11 Dixon's Law of Partnership. 1 vol. 8vo., 22s. cloth. A TREATISE on the LAW of PARTNERSHIP. By JOSEPH DIXON, of Lincoln's Inn, Esq., Barrister at Law. Editor of " Lush's Common Law Practice." "It is with considerable gratification that to be treated hy third persons as partners." we lincl the subject treated by a writer of Mr. The Times. Dixon's reputation for learning, accuracy and " We heartily recommend to practitioners painstaking. Mr. Lindley's view of the sub- and students Mr. Dixon's treatise as the best ject is that of a philosophical lawyer, Mr. exposition of the law we have read, for the Dixon's is purely and exclusively practical arrangement is not only artistic, but concise- from beginning to end. We imagine that very ness has been studied without sacrifice of clear- few questions are likely to come before the ness. He sets forth the principles upon which practitioner which Mr. Dixon's book will not the law is based as well as the cases hy wh'ch be found to solve. Having already passed our its application is shown. Hence it is something opinion on the way in which the work is car- more than a digest, which too many law books ricd out, we have only to add that the value of are not : it is really an essay." Law Time*. the hook is very materially increased by an " He has evidently bestowed upon this excellent marginal summary, and a very co- book the same conscientious labour and pious index." Law Magazine and Review. painstaking industry for which we had to "Mr. Dixon has done his work well. The compliment him some months since when book is carefully and usefully prepared." reviewing his edition of Lush's ' Practice of Solicitors' Journal. the Superior Courts of Law,' and, as a re- " Mr. Dixon enters into all the conditions of suit, he has produced a clearly written and well partnerships at common law, and defines the arranged manual upon one of the mot impor- rights of partners among themselves ; the tant branches of our mercantile law." Law rights of the partnership against third per- Journal. sons ; the rights of third persons against the " The matter is well arranged and the work i>artner>hip; and the rights and liabilities of is carefully executed." Athenaium. individuals, not actually partners, but liable Mr. Justice Lush's Common Law Practice. Third Edition by Dixon. 2 vols. 8vo., 46s. cloth. LUSH'S PRACTICE of the SUPERIOR COURTS of COMMON LAW at WESTMINSTER, in Actions and Proceedings over which they have a common Jurisdiction : with Introductory Treatises re- specting Parties to Actions; Attornies and Town Agents, their Qualifica- tions, Rights, Duties, Privileges and Disabilities ; the Mode of Suing, whether in Person or by Attorney in Forma Pau peris, &c. &c. &.c. ; and an Appendix, containing the authorized Tables of Costs and Fees, Forms of Proceedings and Writs of Execution. Third Edition. By JOSKPH DIXON, of Lincoln's Inn, Esq., Barrister at Law. " This is an excellent edition of an excellent siderable advantage to the author, it largely work. He has effected a most successful increased the number of his clients. When 'restoration.' Altogether, both in what he b*s new editious were called for, Mr. Lusli was omitted HIH! wli.it lie na-. .idili-d, Mr. Dixon has too occupied willi briefs to find lime, lor the been guided by sound discretion. \Ve ti ust that pieparatioii of books, mid hence tiie associ.iti >u the gicat and conscientious labours he lias mi- of ids name with Unit of Mr. Dixou us editor, drrgone will be rewarded. He has striven to and hy wlioni the new edition has been pro- ni. ike his work 'thorough,' ami because IIP has duced. The index is very copiousaud complete . done so we take pleasuie in heartily recoin- Under Mr. Dixon's care Lusli's Practice will nicmlintt it to every member of both branches not merely maintain, it will largely extend its of the profession." Solicitor*' Journal. reputation." La;o Time*. " Lusli's I'rai tice is wh.it Tidd's Practice was "The profession cannot hut welcome with in our Jays of clerkship, and what Arclibold's the greatest cordiality and pleasure a third Practice was in our parly professional days edition of llieii old ami irncli valued Intuit tin practice in general use, and the itxived ' Lush's Practice of tin- Supciior Courts or' authority on the sulijeit. It was written hy Law.' Mi. Dixon, in pnpaiing this edition, Mr. Lush when he was only a junior ri~ii:q has gone back to the oiiginal work ol Mr. into fortunp and fame His piac:iral know- Justice Lush, and, as far as Hie Icgisl.uivr ledge, his clearness and industry, were even changes and decisions of the last twei.ly-rivp then acknowledged, and his name secured tor ye.us would allow, reproduced it. This adds his work an immediate popularity, wliicli ex. gir.itK tn thp value ol Ibis edition. :ind at ihr 1'i.rin-e lias iiuini iiicd .UK! intended. Htl Mmr tnne spc.A 1 * volume* lor Mr. Dlxuu'l the work was, iu Us turn, productive of con- cuuscirnlicu* labour." LMH Journal. .. 12 LAW WORKS PUBLISHED BY Clifford and Stephens's Practice of Referees Court, 1871. Vol. I. and Vol. II. Part I., royal 8vo., 38. cloth. THE PRACTICE of the COURT of REFEREES on PRI- VATE BILLS in PARLIAMENT, with Reports of Cases as to the locus stand! of Petitioners during the Sessions 1867-8-9 and 70. By FREDERICK CLIFFORD and PEMBROKE S. STEPHENS, Barristers- at- Law. "The authors point out In their preface that agents engaged in parliamentary practice the none of the decisions of 1867 or later years are work will prove extremely serviceable." included in the previous works on the subject. Solicitor!' Journal, They are accordingly reported in the work "The reports, forming the most important before us, arranged in six groups. The his- part of the volume, are given with fulness and tory and practice of the subject are detailed accuracy, so tar as we can judge, and are of tersely and accurately, and in a very intelli- themselves a sufficient recommendation to the gible manner, in the treatise. To counsel or volume." Law Journal. VOL. II. PART I., containing the Cases decided during tlie Session 1870, may be Jiad separately, 10*. seiced. Starkie's Law of Slander and Libel. 3rd Edition. One thick vol. medium 8vo., 42s. cloth. STARKIE'S TREATISE on the LAW of SLANDER and LIBEL ; including MALICIOUS PROSECUTIONS, CONTEMPTS of COURT, &c. ; also the Pleading and Evidence, Civil and Criminal, with Forms and Precedents. Third Edition. By H. C. FOLKARD, Barrister-at- Law. " No one will fail to see that there were have, on the whole, been accurately set out. ample reasons tor a new edi.ion of this valu- The profession nay we think be pretty (on- able work ; uud upon reference to this edition tident that whatever has been decided upon the it will he found that Mr. Folkard has performed law of libel will be found there." Solicilart' IMS tusk carefully ai.ii well. It is well that such Journal. a ueatise should have been re-edited, and it is " It was requisite that the profession should well that it should have been edited by so be supplied with a new edition of this standard rari'ful and pamstakiog a man as Mr. Folkard." work upou the subject, which should bring Law Magazine. down the law to the most recent period, and " Thirty-nine years have gone by and now when we state that the present editor has so Mr. Folkard has brought out a third edition carefully gathered together all the authorities and certainly the first glance of the new book that he has uot even omitted the case of Wason gives the impression of pains uuspared. In p. Walter, reported in our last number, which point of bulk it contains more than twice as will in future be regarded as a leading case, we much matter as the edition of 1830. With the mention a fact which is a guarantee for the great present volume before them, the law officers care which has been devoted to this work. It of the ciown, and lawyers generally, will be would be difficult to find any part of his Sub- saved an infinite amount of labour ill search of ject which Mr. Folkard has not full) investi- precedeuts. No one can say that Ml. Folkard gated, and the result is a valuable addition to lias (ailed in the full discharge of his onerous the lawyer's library which for many years has duty, and we are sure that he will earn, as he beeu much needed." Juttice of the Peace. will obtain, the gratitude of the profession." This edition is of much greater value than Lau Journal. either of the two which preceded it. In cou- " It has been most laboriously executed, and, elusion we may do that which is now scarcely as far as we have beeu able to examine, the necessary, recommend Mr. Folkard's work to modern cases, down to the very latest, and to the profession and the public. It is, as uow the most obscure, have all been collected, and -ditcd, very valuable." Lw Ttmti. MESSRS. BUTTERWORTII, 7, FLEET STREET, E.G. 13 Clark's Digest of House of Lords Cases. Royal 8vo., 31*. 6d. cloth. A DIGESTED INDEX to all the REPORTS in the HOUSE of LORDS from the commencement of the Series by Dow, in 1814, to the end of the Eleven Volumes of House of Lords Cases, with references to more recent Decisions. By CHAULRS CLARK, of the Middle Temple, Esq., Barrister nt Law, Reporter by Appointment to the House of Lords. " The decisions of the supreme tribunal tions of mere precedent. The acknowledged of this country, however authoritative in eminence of the noble and learned persons by themselves, were not, until of late years, at whom the decisions have been pronounced, all familiar to ihe great body of the legal pro- gives them a value beyond their oflicial autho- fession ; the early reports of them being in the ritativeness. It is hoped that this Digest will hands of but lew persons. In that tribunal, have the effect of making the profession at more than in any o. her, questions can be con- large familiarly acquainted with them." Pre- sidered, as they have been, upon purely legal fatory Notice. piinciples, freed from the letters and obstruc- Barry's Practice of Conveyancing. 8vo., 18*. cloth. A TREATISE on the PRACTICE of CONVEYANCING. By W. WHITTAKER BARRY, Esq., of Lincoln's Inn, Barrister at Law, late Holder of the Studentship of the Inns of Court, and Author of " A Treatise on the Statutory Jurisdiction of the Court of Chancery." CHAP. 1. Abstracts of Title. CHUP. 2. Agreements. CHAP. 3. Particulars and Conditions of Sale. CHAP. 4. Copyholds. CHAP. 5. Covenants. CHAP. 6. Creditors' Deeds and Arrange- ments. CHAP. 7. Preparation of Deeds CHAP. 8. On Evidence. CHAP. 9. Leases. CHAP. 10. Mortuages CHAP. 11. Paitneiship Deeds and Arrangements CHAP. 12. Sales and Pur- chases. CHIP. 13. Settlements. CHAP. 14. Wills. CHAP. 15. The Land Hfgistry Ait, 25 & 26 Viet. c. 53. CHAP. 16. The Act lor obtaining a Declaration of Title, 25 & 26 Viet, c. 67 INL-EX. " The author of this valuable treatise on con- siderable satisfaction on account of the learning, veyancing hasmost wisely devoted a considerable great familiarity with practice, and power ot ex- part of his work to the practical illustration of position of its author. Ihe treatise, although the working of the recent Statutes on Kegi'troiiou capable ot compression, is the production of a per- of Title and for this, as well as for other rea- son of great merit and still greater promise." sons, we fee.l bound to strongly recommend it to Ovlicilois' Jo'-rnnl. the practitioner as well as the student. Ihe " Ihe Author's dcsipn was to do for the prae- naster of the tict of conveyancing what Mr. Joshua V. iliiams author has proved hiniM-lf to be a D has done for its principles, to describe it simply, subject, lor be not only gives a most clearly and succinctly, recollecting that i e aj supply of practical suggestions, but criticises latest date, and may be described RS a manual of lice <>/ the I'eace. practical conveyancing. "Law Journal. " I he work is the most important snd besttrm- " I his treatise supplies a want which has long Use on conveyancing that now exists, and the stu- heen felt. I her* has been no treatise on the dent can have no better authority lhan .Mr. Hrrv PrmcUc* of Conveyancini; issued for a IIHIK time to get himself well up in conveyancing. Nor cnu past thnt isadrqnaiel'orthf prc-ent requirements. the legal practitioner, and especially country vli- Air. Harry's <>rk is essentially what it prole.isrs citors, find a sfer book of reference in pr.iciice : reof Convyncin, than Mr. Harry's very valuable treatise." A mvrous other parts of his work win. - 14 Hunter's Suit in Equity. Fifth Edition. Post 8vo., 10*. (id. cloth. AN ELEMENTARY VIEW of the PROCEEDINGS in a SUIT in EQUITY. With an Appendix of Forms. By SYLVESTBII J. HUNTER, B.A.. of Lincoln's Inn, Barrister at Law. Fiftli Edition. By G. W. LAWIIANCE, M.A., of Lincoln's Inn, Barrister at J.;iw. " ' Hunter's Suit in Kquity ' Is an excellent us, for its standard merit is too well known to book lor students. It is really an tndispen- require commendation." /Mir Jnunml. sable for the chancery part of the lawyer's " Changes have compelled the recasting of a education. It id a great excellence of this considerable portion of Mr. Hunter's excellent vrork, that while making everything clear and outline of the proceedings in a suit in equity, giving substantially *ulh'ciciil information, its which has become a text-bo jk with the law writers have been able to strike the happy student. This work has been well dune by mean between too great compres.-ion and em- Mr. Lawrance, who has strictly preserved the barrassing exuberance of detail." Solicitors' scheme of the original sketch, while adapting Journal. it to the various changes that have been made. "We presume that the continued demand All former editions must beat once exchanged for a volume of so essential utility to students for this one." Lute Timei. of equity, rather than the necessary incorpo- " As an excellent introduction to (he study ration of any new matter, has occasioned the of chancery practice the book has established publication of a new edition. The alterations its position, and we think the editor has done and additions to chancery practice and proce- wisely in merely introducing such amend- dure which have been made during the last nieiits as the alteration in the law by statutes three years by tatute and by general orders of and orders requires, and abstaining from any the court are embodied in their proper places attempt to make it a manual ol practice." in the present edition. In other respects we Law Magazine. need pass no encomiums on the work before Lewis's Introduction to Equity Drafting. Post 8vo., 12s. cloth. PRINCIPLES of EQUITY DRAFTING; with an Appendix of Forms. By HUBERT LEWIS, B.A., of the Middle Temple, Barrister at Law ; Author of " Principles of Conveyancing," &c. * This Work, intended to explain the general principles of Equity Drafting, as well as to exemplily the Pleadings of the Court of Chancery, will, it is hoped, be useful to lawyers resorting to the A r ew Equity Jurisdiction of the County Courts. " We have little doubt that this work will soon any title, be retained in the new jurisdiction. gaiu a favorable place in the estimation of the without it we fear that equity in the County profession. It is written in a clear attractive Courts will be a mass of uncertainty, with it style, and is plainly the result of much thoughtful every practitioner must learo the art of equity and conscientious labour." Law Magazine and drafting, and he will find no better teacher than ttetiew. Mr. Lewis " Laa 'J'imei. " .Mr. Lewis's work is likely to have a much "This will, we think, be found a very useful wider circle of readers than he could have work, not only to students for the bar and anticipated when be commenced it. for almost solicitors practising in the County Courts, as every page will be applicable to l ouuty Court anticipated by the author, but also to the equity Practice, should the bill, in an; shape or under draftsman." Law Journal. Lewis's Introduction to Conveyancing. 8vo., 18. cloth. PRINCIPLES of CONVEYANCING explained and illus- trated hy Concise Precedents ; with an Appendix on the effect of the Trans- fer of Land Act in modifying and shortening Conveyances. By HUBERT LEWIS, B.A., late Scholar of Emmanuel College, Cambridge, of the Middle Temple, Barrister at Law. "The preface arrested our attention, and the a. Kerr's Action at Law. Third Edition. 12mo., 13s. cloth. AN ACTION AT LAW : being an Outline of the Jurisdiction of the Superior Courts of Common Law, with an Elementary View of the Proceedings in Actions therein. By ROBERT MALCOLM KERR, Barrister at Law ; now Judge of the Sheriff's Court of the City of London. Third Edition. " There is considerable merit in both works that of Mr. John William Smith, and is therefore (.lohn William Smith'* Uil Malcolm Ken**); but better adapted for those who desire to obtain not the second (Kerr) baa rather the advantage, iu merely a general notion but also a practical ac- being more recent, and published since the Com- qunintance with Common Law Procedure" nion Law Procedure Act, 1B6O " Jurist. Solicitor!' Journal. "Mr. Kerr's book is uiore full and detailed than Tudor's Leading Cases on Real Property, &c. 2nd Edit. One thick vol. royal 8vo., 42s. cloth. A SELECTION OF LEADING CASES on the LAW RELATING to REAL PROPERTY, Conveyancing, and the Construc- tion of Wills and Deeds ; with Notes. By OWEN DAVIES TUDOR, Esq., of the Middle Temple, Barrister at Law. Author of " A Selection of Lead- ing Cases in Equity." Second Edition. " The Second Edition is now before us, and law itself applicable to tlie cases discussed by we are able to say that tlie, same extensive him. We cordially recommend the work to tlie knowledge and the same laborious industry as practitioner and the student alike, but t-spe- liave been exhibited by Mr. Tudor on former cially to the former." Sa/icilort' Journal. occasions dial acterize this later production of "Thisaud theolhervolumesof Mr. Tudor are liis le^al authorship; and it is enough at this almost a law library in themselves, and we are moment to reiterate an opinion that Mr. Tudor satisfied that tlie student would learn mure has well maintained the high legal reputation law from the careful reading of them than lie which his standard works have achieved in all would acquire from double the time given to countries where tlie English language is spoken, the elaborate treatises which learned professors and the decisions of our Courts are quoted." recommend the student to peruse, with entire Law Mulattos and Review. forgetfulness that time and brains are limited, 44 The work before us comprises a digest of and that to do what they advise would be the decisions which, if not exhaustive of all the work of a life. Smitli and Mr Tudor will to- principles of our real property code, will at gether give them such a knowledge of low its least be found to leave nothing untouched or they could not obtain from a whole library of unelaborated under the numerous legal doc- text books, and of law that will be useful every trincs to which the lases severally relate. To day, instead of law that they will not want Mr. Tudor's treatment of all these subjects, so three times in their lives. At this well the complicated and so varied, we accord our entire practising lawyer might beneficially refresh his commendation. There are no omissions of any memory by a draught, when a leisure hour will importantcases relative to the various branches permit him to study a leading case. No law ot the law compiised in the work, nor are there library should be without this most useful any omissions or defects in his statement of the book." Law Time*. Benham's Student's Examination Guide. 12mo. 3*. cloth. THE STUDENT'S GUIDE to the PRELIMINARY EXA- MINATION for ATTORNEYS and SOLICITORS, and also to the Oxford and Cambridge Local Examinations and the College of Preceptors ; to which are added numerous Suggestions and Examination Questions, selected from those asked at the Law Institution. By JAMES ERLE BENHAM, of King's College, London. "The book is artistically arranged. It will " Mr. Benham has produced a very useful become a uselul guide and instructor not ouly manual. lie gives many suggestions on all the to law students out to every student who is subjects of examination und full information prep.iriug tor a preliminary examination." Law thereon " Law Examination Reporter. Journal. " He has succeeded in producing a book " Tlie book is written in a clear aud agreeable which will doubtless prove useful. The sets style, and will no doubt be found uselul by the of examination papers appear to b judicious'y class of readers for whom it is intended." selected and are tolerably full." Iriik Lmw Law Magazine and Reiietc. Timei. 10 LAW WORKS PUBLISHED BY Tomkins and Jencken's Modern Roman Law. 8vo., 14*. cloth. COMPENDIUM of the MODERN ROMAN LAW. Founded upon the Treatises of Piichta, Von Vaniyerow, Arndts, Franz Mceliler and the Corpus Juris Civilis. By FHEDERICK J. TOMKINS, E*q., M.A., D.C.L., Author of the " Institutes of Roman Law," Translator of " Gaius," &c., and HENRY DIEDRICH JKNCKEN, Esq., Barristers at Law, of Lincoln's Inn. " Mr. Tomkins and Mr. Jencken could not neglected In the education of solicitors, the ad- have written such an excellent book as this if nnrable book whose title we have above an they had not devoted many laborious days, nounced will be indeed invaluable." Law probably years, to the study of Roman Law in Examination Journal. its entirety, and to research into the laws of " They have unquestionably given us a continental slates, for the purpo>e of learning most valuable contribution on the literature whut principles of Roman Law are preserved of Roman Law, and one which ought to in their jurisprudence." Late Times. rapidly work its way to public (&\or."Jforth " To those who think with us that the study Britth Hail. of the modern civil law has been too much Latham's Law of Window Lights. Post 8vo., 10-. cloth. A TREATISE on the LAW of WINDOW LIGHTS. By FRANCIS LAW LATHAM, of the Inner Temple, Esq., Barrister at Law. "This is not merely a valuable addition solicitors the volume will, we think, be par- to the law library of the practitioner, it is a ticularly serviceable. Armed with the work book that every law student will read with we have now reviewed, the practitioner will be profit. It exhausts the subject of which it in a fair way to cope successfully with the most treats." Law Time*. exigent client who comes to consult him about " His arrangement is logical, and he dis- his windows." Solicitor! Journal. cusses fully each point of his subject. The " This subject has acquired a general corn- work, in our opinion, is both perspicuous and mercial interest, and a clear concise work able, and we cannot but compliment the author upon it is, at this time, very opportune. Mr. on it " Law Journal. Latham's treatise on the Law of Window " A treatise on this subject was wanted, and Lights appears to supply in a convenient form Mr. Latham has succeeded in meeting that all the information which, in a general way, want." Athenctuin. may be required. The text throughout is " Mr. Latham is evidently one of those lucid and is well supported by precedents." authors who like to have a complete skeleton Building Newt. of their subject elaborated before putting pen "The ancient light question, owing to the to paper; and the consequence is, that this demand for enlarged buildings within the area little work is one which we have much plea- of our large towns, becomes more important sure in recommending to the profession. The every day, and Mr. Latham has done well in sequence of discussion is well ordered, and providing a new treatise on the subject, and the author's plan well adhered to; and although setting forth some of the more recent decisions the text comprises less than 250 octavo pages, of our courts. It is well arranged and clearly the subject is quite exhaustively treated. To written. We recommend the book." Builder. Tudor's Law of Charitable Trusts. Second Edition. Post 8vo., 18*. cloth. THE LAW OF CHARITABLE TRUSTS; with the Statutes to the end of Session 1870, the Orders, Regulations and Instructions, issued pursuant thereto ; and a Selection of Schemes. By OWEN DA VIES TUDOR, Esq., of the Middle Temple, Barrister-at-Law ; Author of " Leading Cases in Equity;" " Real Property and Conveyancing;" &c. Second Edition. " In carrying out this intention his object tutes relating to this subject: we have only appears to have been to produce a practical to add that the index is very carefully com- and concise summary of this branch of the piled." Solicitor*' Journal. law. No living writer is more capable than " Mr. Tudor's excellent little book on Cha- Mr. Tudor of producing such a work : his ritable Trusts. Mr. Tudor has made his Leading Cases in Equity, and also on the work complete by the introduction of several Law of Real Property, have deservedly earned schemes for the settlement of charities, so for him the highest reputation as a learned, that it is in all respects the text-book for the careful and judicious text-writer. The main lawyer, as well as a hand-book for reference by feature of the work is the manner in which tntsteesand others engaged in t lie management Mr. Tudor has dealt with all the recent sta- of charities." Law Time*. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.G. 17 Gaius's Roman Law, by Tomkins and Lemon. Complete in 1 vol. 8vo., 27*. cloth extra. , {Dedicated by permission to Lord CJiancellor Hatherley .) THE COMMENTARIES OF GAIUS ON THE ROMAN LAW : with an English Translation and Annotations. By FREDERICK J. TOMKINS, Esq., M.A., D.C.L., and WILLIAM GEORGE LEMON, Esq., LL.B. Barristers at Law, of Lincoln's Inn. " We congratulate the authors on the pro- " The book Is in every respect one of the duction of a work creditable alike in its in- most valuable contributions, from an Eng- ception and its progress. The translation is lish source, to our legal literature which the on the whole satisfactory : the annotations are last half century has witnessed." Edinburgh often valuable and compiled from trustworthy Evening d-> sources." Law Journal. " They have done a good service to the study The , <*. an 1? edl 1 t . io . n of ) he Commen- of Roman Law, and deserve the thanks of } anes of further remark, that lhe arrangement of every civilian." Laic Matja;int. is excellent, the table of contents, the list of We cordially welcome a new edition of authorities are complete, and, therefore, these vol. 1. It is a work that ou,;ht to be studied Commentaries are singularly handy for refer- by every educated man, and which is ol con- ence. Altogether this work is a witness to the slant use to the public writer and state-mini. zeal, industry and ability of Sir R. Phillimore. We wish, indeed, that our public writers would It will not only be read at home, but also tn the read it mon- abundantly than they have done, United States, and it cannot tail to smooth the as they would then avoid serious errors in dis- way for the thorough international undcrstand- cussing foreign questions. Any general ciiti- ing between England and America that the true cism of a book which has been received as a men of both countries to ardently desire." standard work won], I be superfluous ; hut we Laic Journal. may remark, that whilst Sir Robert stiU tly ad- 18 LAW WORKS PUBLISHED BY Christie's Crabb's Conveyancing. Fifth Edit, by Shelford. Two vols. royal 8vo., SI. cloth. CRABB'S COMPLETE SERIES of PRECEDENTS in CONVEYANCING and of COMMON and COMMERCIAL FORMS in Alphabetical Order, adapted to the Present State of the Law and the Practice of Conveyancing; with copious Prefaces, Observations and Notes on the several Deeds. By J. T. CHRISTIE, Esq., Barrister-at-Law. The Fifth Edition, with numerous Corrections and Additions, by LEONARD SHELFORD, Esq., of the Middle Temple, Barrister-at-Law. Thit Work, which embraces both the Principles and Practice of Conveyancing, contains likewise every description of Instrument wanted for Commercial Purposet. General Table of Heads of Prefaces and Forms. Abstracts. Accounts. Acknowledgments. Acquittances. Admittances. Affidavits, Affir- mations or Declarations. Agreements: to relinquish Business: to Guarantee: for a Lease : before Marriage : for a Partition : between Principal and Agent : for the Sale and Purchase of Estates: for Sale of Copyhold Estates : for Sale of Leaseholds: for Sale of an Advowson. Annuity: secured on Copyholds. Annuities: Assigments of. Appoint- ments : of Guardians. Apportionment. Apprenticeship : to the Sea Service : to an Attorney: Assignment of. Arbitration : Award. Assignments: Bonds: Leases: Patents: Pews : Policies of Insurance : Reversionary Interests. Attestations. Attornments. Auctions : Particulars of Sale. Bargains and Sales : of Timber. Bills of Sale of Goods. Bonds: Administration: Receiver pending Suit: Post Obit: Stamps on. Certificates. Composition : Conveyances in Trust for Creditors. Conditions : of Sale. Confirmations. Consents. Copartnership : Dissolution of Copartnership. Covenants: Stamps on: for Production of Title Deeds. Declarations. Deeds : I. Nature of Deeds in General: II. Requisites of a Deed: III. Formal parts of Deeds: IV. Where a Deed is necessary or otherwise: V. Construction of Deeds: VI. Avoiding of Deeds: VII. Proof of Deeds: VIII. Admission of Paroi Evidence as to Deeds: IX. Possession of Deeds : X. Stamp Duty on Deeds. Defeasances. Demises Deputation. Disclaimers. Disentailing Deeds. . Distress: Notices of. Dower. Enfranchisements. Exchanges Feoffments. Further Charges. Gifts. Grants. Grants of Way or Road. Indemnities. Leases. I. Nature of Leases in General: II. Requisites to a Lease: III. Parts of a Lease: IV. Incidents to a Lease : V. Stamus on Leases. Letters of Credit. Licences. Mortgages : of Copyholds : of Leaseholds: Transferor: Stamp Duty on. Notes, Orders, Warrants, &-c. Notices : to Quit. Partition. Powers: of Attorney. Presentation. Purchase Deeds: Conveyance of Copyholds : Assignments of Leaseholds: Stamps on. Recitals. Releases or Conveyances : or Discharges. Renunciations or Disclaimers. Resignations. Revocations. Separation. Settlements : Stamp Duty on. Shipping : Bills of Lading : Bills of Sale : Bottomry and Respondentia Bonds : Charter Parties. Surrenders. Wills: 1. DelinHon of Will and Codicil : 2. To what Wills the Act 7 Will. 4 & I Viet. c. 26 does not apply: 3. What may be disposed of by Will : 4. Of the capacity of Peisons to make Wills : 5. Who may or may not be Devisees ; 6. Execution of Wills : 7. Publication of Wills : 8. Revocation of Wills : 9. Lapse of Devises and Bequests : 10. Provisions and Clauses in Wills: II. Construction of Wills. From the Law Times. the experienced draftsman. Mr. Shelford has " The preparation of it could not have been con- proved nimself in this task to be not unworthy of fided to more able hands than those of Mr. Shel- his former refutation. To those familiar with his lord, the veteran authority on real property law. other works it will be a sufficient recommendation With the industry that distinguishes him he has of this." done ample justice to his task. In carefulness we have in him a second Crabb. in erudition Crabb's From the Law Magazine and Review. superior ; and the result is a work of which the " To this important part of his duty theremo- oriKinal author would have been proud, could it delling and perfecting of the Forms-even with have appeared under his own auspices. It is not the examination which we ha>e already been able a book to be qu ted, nor indeed could its merits be to afford this work, we are able to affirm, that the exhibited by quotation. It is essentially a book ot learned editor has been eminent! v successful and practice, which can onl> be described in rude out- effected valuable improvements." line and dismissed with uplMM. and a recom- mendation of it to the notice of those for whose From the Law Chronicle. service it has been so laboriously compiled." " It possesses one distinctive feature in devoting more attention than usual in such works to forms From the Solicitors' Journal. o f a commercial nature We are satisfied t'rom " The collection of precedentscontained in these an examination of the present with ihe immediately two volumes are all that could be desired. They preceding edition that .Mr. shcllord has very con- are particularly well adapted for Solicitors, being sideraMy improved the character of the work, of a really practical character. They are more- both in the prefaces and in the forms, (.n the over free from the useless repetitions of common whole the two volumes of Crabb's I'recedents, as forms that so much increase the bulk and expense edited by Mr. Leonard Shelford. will be found of some collections lhat we could name. Weknow extremely useful in a solicitor's office, presenting not of any collection of conveyancing precedents a large amount of real property learning, with that would make it so possible for a tyro to put very numerousprecedents: indeed we know of no together a presentable draft at an exigency, or book sojnstly entitled to tne appellation of 'handy' which are more handy in every respect, even for a the fifth edition of Mr. Crabb's Precedvuls." MESSRS. BUTTERWORTH, 7, FLEET STREET, E. C. 19 Mosely's Articled Clerks' Handy-Book. 12mo., 7s. cloth. A PRACTICAL HANDY-BOOK of ELEMENTARY LAW, designed for the use of Articled Clerks, with a Course of Study and Hints on Rending for the Intermediate and Final Examinations. By M. S. MOSELY, Solicitor, Clifford's Inn Prizeman, M. T. 1867. " This useful little book is intended for the use " There are few who read this book with care of articled clerks during the period of their arti- who will not readily admit that on many intricate clos. Tne style of this book is peculiar: it is an points of law their notions have become much exaggeration of the style adopted by Mr. I laynes clearer than before their acquaintance with it. in his admirable 'outlines of Equity.' The Both parts are well worked out, and will he found author seems to think the adoption of such a useful; hut in the second division of each chap- style the only way to make the study of the law ter the law student will find most valuable in- popular and we are not prepared to say be is formation, as there Mr. Mosely not only marks wrong." Law Mainline and Review. out the course ol reading which lie r comnie di "I lie design of this little book is to combine for each year, but also carefully analysts (he instruction, advice and amusement, if anything contents of each book, and points nut those amusing can be extracted from the routine of a chapters and subjects which it will be most ad- Milicitor'soifiue and the studies of articled clerks. vantageous for the student to master at tin- first 'I he book will ccr anily be found useful by any reading, and those which he ought to defer till articled clerk, for it contains much information a second perusal and a wider experience have which it is sometimes very troublesome to find, made him more competent lo understand them, and the facetiousness of Mr. Mo&ely's manner The style i remnrkably good and, considering will doubtless hel;> to grease the course of a the subject, free from technical expressions." rough and uneasy subject." Law Journal. lri\h Law Times. Rouse's Copyhold Manual. Third Edition. 12mo., 10s. 6rf. cloth. THE COPYHOLD ENFRANCHISEMENT MANUAL. giving the Law, Practice and Forms in Enfranchisements at Common Law and under Statute, and in Commutations; with the Values of Enfranchise- ments from the Lord's various Rights: the Principles of Calculation being clearly explained, and made practical by numerous Rules, Tables and Examples. Also all the Copyhold Acts, and several other Statutes and Notes. Third Edition. By ROLLA ROUSE, Esq., of the Middle Temple, Barrister at Law, Author of ' The Practical Conveyancer," &c. " This new edition follows the plan of its pre- world will greet with pleasure a new and itn- dccessor, adopting a 6vefold division: 1. 1 he proved edition of his copyhold manual. The Law. 2. I he Practice, with Practical Surges- third edition of that work is before us. It is a tions to Lords, Stewards and Copyholders. X. work of great practical "alue. suitable to lawyers 'I he Mathematical consideration of the .Subject and laymen. We can freely and heartily recom- in nil its Details, with Rules, Tables and Kxam- mend this volume to the practitioner, the steward pies. 4. Forms. 5. 1 he Statutes, with Notes. Of and the copyholder." Law Magazine. these, we can only repeat what we have said before, " Now, however, that copyhold lenures are that they exhaust the subject; they give to the being frequently converted into freeholds, Mr. practitioner all the materials required by him to House's treatise will doubtless he productive of conduct the enfranchisement of a copyhold, whe- very extensive benefit ; for it seems to us to have ther voluntary or compulsory "La:a Times. been very carefully prepared, exceedingly well " When we consider what favor Mr. House's composed and written, and to indicate much ex- I'ractical Man and Practical Conveyancer have perience in copyhold law on the part of the found with the profession, we feel sure the legal author." Solicitor*' Jminal. Shelford's Succession, Probate and Legacy Duties. Second Edition. 12 mo., 16$. cloth. THE LAW relating to the PROBATE, LEGACY and SUCCESSION DUTIES in ENGLAND, IRELAND and SCOTLAND, including all the Statutes and the Decisions on those Subjects: with Forms and Official Regulations. By LEONARD SHELFORD, Esq., of the Middle Temple, Barrister-at-Law. The Second Edition, with many Alterations and Additions. " lltt! honk is written mainly for solicitors. subject nothing remains but to make known its Mr. shelford has accordingly planned hit work appearance to our reauVrs. Its merits hnve been with careful regard to its practical utility and Iredy tested l.y must ol ihem." L*m I'tmei. daily \isf."Sulirilors'Jaur>ial. " On the whole Mr. Shelford's book appear* to " One of the most useful and popular of his us to be ihe be>t and most < onipletr work on this productions, and being now the text book on lue extremely intricate subject." Lma Magazine. - 20 LAW WORKS PUBLISHED BY Davis's Law of Master and Servant. 12mo. (i.. cloth. THE MASTER AND SERVANT ACT, 1867 (30 & 31 Viet, c. 141), with an Introduction, copious Notes, Tables of Offences, and Forms of Proceedings, prepared expressly for this Work. By JAMES E. DAVIS, Esq., Barrister at Law, Stipendiary Magistrate, Stoke-upon-Trent. ** Beside* the Act and copious Note*, Introduction, and a, variety of Form* of Summons, Orders, Convictions, Recognizances, re- a fixed rent-charge, after the manner of a tithe sent edition of Scriven on Copyholds Mr. Stal- <<>in mutation, is compelled by the legislature, man has omitted what it wes useless to retain, tins treatise will lose none of its usefulness to the and inserted what it was necessary to add. solicitors in the country." Law Times. Until copyholds have disappeared uiterly, it it " It wt.ulil be wholly snpeittuous to offer one at least certain that Scriven on Copyholds by word of comment on the general body of the Stalman will hM undisputed sway in the pro- work. Scriven on Copyholds has for exactly fessiou." Lain Journal. Davis's Law of Registration and Elections. One small 12mo. vol., 15s. cloth. MANUAL OF THE LAW AND PRACTICE OF ELEC- TIONS AND REGISTRATION. Comprising all the Statutes, with Notes and Introduction, and a Supplement containing the Cases on Appeal down to 1869, the Rules relating to Election Petitions, and a complete Index to the whole Work. By JAMES EDWARD DAVIS, Esq., Barrister at Law, Author of " Manual of Practice and Evidence in the County Courts," &c. " A work, which, in our judgment, is the ban- order to obtain a fnir mastery of the whole sub- die*t and most useful of the manuals which the ject, we have no hesitation in hik-hly recommend- Krfiirm Act of 1807 has brought into existence." ing this work." tiolicil ors' Journal. Law Magazine. " No one conies forward wiih belter credentials " We think tins the best of the now numerous than Mr. Davis, and the book before us seems to works on this subject. It has a great advantage possess the qualities essential to a tuide to a in it) arrangement over those which are merely discharge of their duties I y the official?, 'the new editions of works published before the recent scheme of Mr. Uavis's work is very simple." legislation. To read through consecutively, in law Journal THE SUPPLEMENT may be liad separately, price 3s. Browning's Divorce and Matrimonial Causes Practice. Post 8vo., 8. cloth. THE PRACTICE and PROCEDURE of the COURT for DIVORCE and MATRIMONIAL CAUSES, including the Acts, Rules, Orders, copious Notes of Cases and Forms of Practical Proceedings, with Tables of Fees and Bills of Costs. By W. ERNST BROWNING, Esq., of the Inner Temple, Barrister-at-Law. Brandon's Law of Foreign Attachment. 8vo., 1 1\. cloth. A TREATISE upon the CUSTOMARY LAW of FORKH. N ATTACHMENT, and the PRACTICE of the MAYOR'S COUHT .. the CITY OF LONDON therein. With Forms of Procedure. By WOOD- THORPE BRANDON, Esq., of the Middle Temple, Bttrrister-at-Law. - - J-J LAW WORKS PUBLISHED BY Oke's Magisterial Synopsis. Tenth Edition. Two vol*., 8vo., 58*. cloth. THE MAGISTERIAL SYNOPSIS: a Practical Guide for Magistrates, their Clerks, Attornies and Constables ; Summary Convictions and Indictable Offences, with their Penalties, PimMnm-nts, Procedure, &c., bring Alphabetically and Tubularly arranged. By GEORGE C. OKE, Chief Clerk to the Lord Mayor of London. Tenth Edition. " We are really at a loss to discover any criticism which can fairly be offered on this remarkable work. A new edition every two years Is a success such as rarely falls to the lot of the greatest of legal authors, and no one pretends to deny that Mr. Oke has fairly t-arned his go M! fortune. The first edition started with 4 10 page* of matter. Legislation, judicial decisions and the unwearied research, caie and skill of the author have swelled 410 into 14(12 pages, so that he is driven to offer an apology lor the bulk of the hook and for its compulsory division into two handsome volumes. It would be idle in us to take a survey of the general contents of a work which is familiar to .ill persons who are concerned in the ad- ministration of justice in petty sessions. It is enough to say that Mr. Oke's Synopsis is not only the standard guide to the magisterial bench, but that it is regarded throughout Kngland as the indispensable companion of every justice of the peace." Late Journal. " Mr. Uke's Synopsis has been for so many years before the public, and its reputation is so fully established, that any elaborate criti- cism upon the work as a whole would be out of place on the occasion of the publication of a new edition. The functions of magistrates out of quarter sessions and of their clrkn and officers are so many and of so very miscella- neous a character, that there is perhaps no part of our judicial system in which the ser- vices of a teliable and easily accessible guide u so absolutely necessary to all those who have to take any p in tn the working of the svstein. To meet this need there are few men w ho have better reason to know exactly what is necessary than Mr. Oke, and few men better able to supply it, and the success with which he has laboured to this end hat been amply attested by the reception which the various editions ol his work have met with. But the very nature of the subject with which this work deals, renders frequent new editions most important. This edition incorporates the statute law affecting magistrates since the date of the last edition, as well as the decisions of the courts ; and, whether by good luck or good guidance, the publication has been so timed as to enable the author to bring the statute law down to the actual date of issue. The work in its present form is considerably increased in bulk, but it retains its two great merits com- pleteness and conciseness." Solicitor*' Jouniiil. " The tenth edition of this valuable com- volume of the former editions. The position which the work has gained and the growing demand tor it are shown by the fart that a ninth edition was published t>o lately as 1866. In ac- cordance with the suggestion made to Mr. Oke, the present edition has been prepared and is- sued immediately after the fourth edition of its equally useful companion, The Magisterial For- mulist. The careful and conscientious treat- ment which Mr.Oke always bestows upon what- ever he takes in hand, entitles him to full credit when he says that ' many titles have been en- larged, much new matter inserted, and a variety of minute improvements made in the refer- ences, upon all of which I have bestowed my personal attention and utmost care.'" Law Uaguaint. Oke's Game and Fishery Laws. Second Edition. 12mo., 10*. 6d. cloth. A HANDY-BOOK of the GAME and FISHERY LAWS; containing the whole Law as to Game, Licences and Certificates, Poaching Prevention, Trespass, Rabbits, Deer, Dogs, Birds and Poisoned Grain throughout the United Kingdom, and Private and Salmon Fisheries in England. Systematically arranged, with the Acts, Decisions, Notes, Forms, Suggestions, &c., &c. By GEORGE C. OKE, Author of "T/ie Magisterial Synopsis," &c. &c. Second Edition. " The first edition having enjoyed a rapid tale, a second has enabled Mr. Okr greatly to enlarge his design and to add the veiy im- portant statutes which have been passed since the publication of the first edition. This is now really what it is termed, a Mainly Book of the Game and Fishery Laws, and gives all tlie in- formation tli.it ran be required by the sportsman or his legal adviser." La* Tmui. " The work Is carefully composed, and eon- tains a full index." Su/icitan' Journal. " Care and Industry are all that can be shown in sucli productions, and these qualities air unii r.illy shown in the present works. Mr. Oke's book trkes a soinewh.it larger range than Mr. Faterson's, as it embraces the late statute relating to Uie Salmon Fisheries." MESSRS. BUTTERWORTH, 7, FLEET STREET, E.G. 23 Oke's Magisterial Formulist. Fourth Edition. One thick volume, 8vo., 38. cloth. The MAGISTERIAL FORMULIST: bein ? a complete Collec- tion of Forms and Precedents for practical use in all Cases out of Quarter Sessions, and in Parochial Matters, by Magistrates, their Clerks, Attornies stud Constables: with an Introduction, Explanatory Directions, Variations and Notes. By GEORGE C. OKE, Author of "The Magisterial Synopsis." Fourth Edition, enlarged and improved. "The publication of a new edition of this of 18*51 have justified and demanded a new most useful collection (it forms lias been urgently edition, and in that new edition we believe will culled for. Mr. Oke's works arc so well known he found the same qualities of accuracy and to all who arc concerned in the administration completeness which distinguished its three ot magisterial law, that we need say no more predecessors. No clerk to justices, and no tli in that the present edition seems to have justice who is anxious to dischaige his onerous been prepared with his usual care. On a functions successfully, should be without the reference to a very full index at the end of the 'Magisterial Formulist' and the ' Magisterial book, we have been unable to detect the Synopsis;' and it need scarcely he added thai omission of any subject iu the place where it those members of ihe profession who are illicit be expected to be found, and such forms brought in contact with business in petty MS the author has had to draw, and not merely sessions will derive great assistance from to transcribe, appear well executed." Solicitun' them." Lav Journal. Journal. " This work is too well known to need eulogy. " Mr. Oke has had many predecessors in his It is iu universal use in magistrates' courts ; it office of Chief Cleik to the Lord Mayor of has bet 11 out of print tor some time, and a new London of skill, learning and reputation, but edition was urgently requited. We believe it would be impossible to name any one ol sucli that Mr. Oke purposely delayed it that it might officers who has rendered such signal services be made contemporaneous, or nearly so, with to the administration of the law by the justices the Synopsis. The contents are brought down as the author of the book before us. It is to the end of last yeat, and consequently it in- indeed difficult to offer any remarks of moment < ludesail the forms required by the new statutes upon a work which has gone through three and decisions ot the six years that have elapsed editions, and has been acknowledged as com- since the publication of the third edition. They plete by all who has had occasion to use it. have been arranged under divers new titles, ami But time alone, and the mass of new legisla- especially the modes of describing n.diciaMe lion which it has brought with it, have made offences have been much enlarged. I lisa book the levision of the book necessary. The im> that has been known so long, and so extensively, portant changes and extensions of the law ad- that no fuilher description of it is needed now." ministered by the magistrates since the session Lao Timet. Oke's Law of Turnpike Roads. Second Edition. 12mo., 18s. cloth. THE LAWS of TURNPIKE ROADS; comprising the whole of the General Acts; the Acts as to the Union of Trusts, for facilitating Arrangements with their Creditors ; the Interference of Railways and other Public Works with Roads, their Non-repair, and enforcing Contributions from Parishes (including the Acts as to South Wales Turnpike Roads), &c. &c. ; practically arranged, with Cases, Notes, Forms, &c. &c. By GEORGE C. OKE, Author of " The Magisterial Synopsis." Second Edition. " In the * s ynopsis' Mr. Oke is unique ; the dustrious research and painstaking correction plan was perfectly 01 iginal. ami he has no com- which distinguished the 'synopsis.'" Laa petiior. ID the I urnuike Law he is himself a 'limes. competitor wiih others, who had previously pos " All Mr. Oke's works are well done, and his session of the field. Nevertheless, -o well has he 'Turnpike Laws' is an admirable specimen of executed his desiKi) that his volume has fairly the class of books re uired for the tnuilam r nf taken precedence in the esteem of the profession, magistrates and legal prac'iuouers iu country because he ha* written it with the same iu- districts." Sulictiuu Journal. Glen's Poor Law Orders. Seventh Edition. Post 8vo., 21s. cloth. The GENERAL CONSOLIDATED ami oilier ORDERS of the POOR LAW COMMISSIONERS and the POOH LAW HOARD; with explanatory Notes elucidating the Orders, Tables of Statutes, ( and Index to the Orders and Case?. By W. C. (ILKX, KMJ , Barrister at Law. Seventh Edition. O Jl LAW WORKS PUBLISHED BY Chadwick's Probate Court Manual. Royal 8 vo., 12*. cloth. EXAMPLES of ADMINISTRATION BONDS for the COURT of PROBATE; exhibiting the Principle of various Grants of Administration, and the correct Mode of preparing the Bonds in respect thereof; also Directions for preparing the Oaths, arranged for practical utility. With Extracts from the Statutes; also various Forms of Affirmation prescribed by Acts of Parliament, and a Supplemental Notice, bringing the work down to 1865. By SAMUEL CHADWICK, of Her Majesty's Court of Probate. " We undertake to say that the possession of part of the law library of the practitioner, for he this volume by practitioners will prevent many has collected precedents that are in constant re- ft hitch and awkward delay, pnvoking to the quirement. 'Ibis is purely a book of practice, lawyer himself and difficult to be satisfactorily but therefore the more valuable. It tells the explained to the clients." Law Magazine and reader what to ito, and that is the information lieviea. most required after a lawyer begins to practise." " Mr. Chadwick's volume will be a necessary Law 'J'imet. Grant's Law of Banking. Second Edition by Fisher. 8vo. 21s. cloth. GRANT'S LAW of BANKERS and BANKING and BANKS OF ISSUE, Limited and Chartered, and Winding-up ; Directors, Managers and Officers ; and the Law as to Cheques, Circular Notes or Letters of Credit, Bank Notes, Exchequer Bills, Coupons, Deposits, &c. (Appendix contains the Bank Notes Issue Bill, and Reasons for Bill, and Official Bank Returns.) Second Edition. By R. A. FISHER, Esq., of the Middle Temple, Barrister-at-Law. "The present editor has very much in- known treatise on this branch of the law has creased the value of the original work, a work been called for and very ably supplied by Mr. whose sterling merits had already raised it to Fisher." Law Timei, Second Notice. the rank of a standard text-book." LawMaga- " The learning and industry which were so zine. conspicuous in Mr. Grant's former work are " No man in the profession was more com- equally apparent in this. The book supplies a patent to treat the subject of Banking than real want, which has long been felt both by the Mr. Grant. This volume appears opportunely. profession and by the public at large." Jurist. To all engaged in the litigations, as well as to " We commend this work to our readers. It all legal advisers or Bankers, Mr. Grant's work is at once practical and intelligible, and is of will be an invaluable assistant. It is a clear use alike to the unprofessional as well as the and careful treatise on a subject not already professional reader. No bank, whether a pri- exhausted, and it must become the text-book vate concern or a joint-stock company, should upon it." Law Time*. be without it." Money Market Review. " A Second Edition of Mr. Grant's well- Parkinson's Common Law Chamber Practice. 12mo., 7s. cloth. A HANDY BOOK FOR THE COMMON LAW JUDGES' CHAMBERS. By GEO. H. PARKINSON, Chamber Clerk to the Hon. Mr. Justice Byles. " For this work 'Mr. Parkinson is eminently have presented himself than Mr. Parkinson, qualified." Jurist. whose great experience as well as intelligence "It is extremely well calculated for 'he purpose have long placed him in the position of an aulho- for which it is intended. So much work is now rity on all matters appertaining to this peculiar clone in Common Law Chambers by junior clerks but very extensive branch of Common Law Prac- that such a liitle treatise is much Vtttro. Mr. tice." Laa '1'imet. Parkinson has performed his task Skilfully and " The e i.s much that would prove very useful with care." Silicilort' Journal. to the practitioner in Mr. Parkinson'scompilation. " The practice in Chambers has become suffi- and which, so far as we are aware, is not to he ciemly important to call for a treatise devoted to found in any otherbook collected withequal con- it, nor could a more competent man for the task ciseneas." Lam Alagaiint and Reiiiic. - C MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 25 Coombs' Manual of Solicitors' Bookkeeping. 8vo., 10*. Gd. cloth. A MANUAL of SOLICITORS' BOOKKEEPING: com- prising Practical Exemplifications of a Concise and Simple Plan of Double Entry, with Forms of Account and other Books relating to Bills, Cash, &c., showing their Operation, giving Instructions for Keeping, Posting and Balancing them, and Directions for Drawing Costs, adapted to a large or small, sole or partnership business. By W. B. COOMBS, Law Accountant and Costs Draftsman. The various Account Books described in the above System, the forms of which are copyright, may be had from the Publishers at the prices stated in the work, page 274. "It adds some excellent instructions for keeping as a safe guide to the subject. This drawing bills of costs. Mr. Coombs is a is not merely a valuable addition to the library practical man, and has produced a practical of every solicitor, it is a book that every ar- book." Lute itmm, tided clerk, now that intermediate examina- " A work in which the really superfluous has lions embrace bookkeeping, will be read with been omitted, and that only which is necessary profit and benefit to himself. It may be fairly and useful in the ordinary routine in an attor- said to exhaust the subject of which it treats, ney's office has been retained. He has per- and the author has adopted a system having formed his task in a masterly mariner, and in the great advantage of simplicity, while he doing so has given the why and the wherefore employs as small a number of books as is con- of the whole system ot Solicitors' Bookkeeping. eistent with a clear and accurate record of the The volume is the most comprehensive we re- business of each day for the purpose. We member to have seen on the subject, and from have little doubt that this work will gain a the clear and intelligible manner in which the favourable place in the estimation of the pro- whole has been workea out it will render it fession and of law students, and will stand unexceptionable in the hands of the student the test of the value of a book written pro- arid the practitioner." Law Magazine. fessedly tor practical men the number of "So clear do the instructions appear, that a editions through which it will pass." Solici- tyro of average skill amiabilities, with applica- tors' Journal. tion, could under ordinary circumstances open " Mr. Coombs' Manual of Solicitors' Book- ami keep the accounts of a business; and, so far keeping, in our opinion, takes the safe middle as we can judge, the author has succeeded in course, between too great intricacy of arrange- his endeavour to divest Solicitors' Bookkeeping ment on one side, and want of detail and ex- of complexity, and to be concise and simple, planation on the other. His system can be without being inefficient. We cannot dismiss equally followed in a small office, where a this volume without briefly commenting upon regular accountant is not employed, and in the excellent style in which it is submitted to an office where thu staff is large. Solicitors the profession." Law Journal who manage property will find the specimens >ir. Coombs' book appears to us to have been of rental accounts given in the Appendix very carefully and usefully prepared, and the direc- useful." Irish Law Tintfi. tions and illustrations given as to solicitors' "This is a work of considerable extent, pre- bookkeeping in general are of such a nature pared at the request of eminent solicitors, by that the work may be referred to with confi- an experienced law accountant." Athena-nut. deuce on any point relating to Solicitors' Book- Lushington's Naval Prize Law. Royal 8vo., 10. 6d. cloth. A MANUAL of NAVAL PRIZE LAW BY GODFREY LUSHINGTON, of the Inner Temple, Esq., Barrister at Law. Lovesy's Law cf Arbitration (Masters and Workmen). Ilium. 4s. cloth. (Dedicated, by jn'rinigy'tun, to Lord St. Leonards.) THE LAW of ARBITRATION between MASTERS :inort, and (hose who, as parishioners, legal ad- cullies which usually beset parties in sucli nmt- visers, or clergymen, are concerned with glebes, ters may be avoided." Viford Untvenilv Herald. endowments, district chapelries, parishes. ecclesi- " On all the topics germane to its title this vo. astical commissions, and such like matters, about luine will be found a handy book of ecclesiastical which the pub ic. and notably the clerical public, law. and should on that account he made widely seem to know but little, but which it is needless known among the clergy." Church .Mail. to say are matters of much importance." Soli- " It isa compact and handy treatise, very i learly citorf Journal. written, well arranged, easy of relerence.and, be- " His book is just the one we could wish every sides a good table ofcontents.it hs an elaborate clergyman to possess, for if it was in the hands of index. It i* a book we are glad to have and to our readers they would be saved the trouble of recommend. 1 ' Literary Churchman. asking us very many questions." ClericaLJournal. Field's Law Relating to Curates, &c. Post 8vo., 6*. cloth The LAW RELATING to PROTESTANT CURATES and the RESIDENCE of INCUMBENTS or their BENEFICES in ENG- LAND and IRELAND. By C. D. FIELD, M.A., LL.D., late Scholar of Trin. Coll. Dublin, and now of H. M.'s Bengal Civil Service; recently Judge of the Principal Court of Small Causes at Kisbnaghur ; and Registrar of H. M.'s High Court of Judicature at Fort William in Bengal ; Author of " The Law of Evidence in India." &c. " A clear and concise exposition of a branch _ " Dr. Field is accurate, so far as we can of the law not often brought under the notice of judge, and has completed his self-elected 'task solicitors, but of considerable interest to the satisfactorily. The vast number of statutes clergy." Law Times. bearing upon the law of Curates renders a legal " At all events curates now have no ground of guide necessary, and also the many decisions complaint, because the treatise before us is a on their interests. Dr. Kield has done his wnrk very intelligible and tolerably full exposition of judiciously, and a copious index renders the the laws with whic i they are immediately con- results of his labours readily available to cerned." Laa Journal, others." St. Jamei' Chronicle. Petersdorff's Abridgment of the Common Law. New Ed. 7 vols., with Supplement, Royal 8vo., complete to the year 1870, 8J. cloth. A CONCISE, PRACTICAL ABRIDGMENT of the COM- MON AND STATUTE LAW, as at present administered in the Common Law, Probate, Divorce and Admiralty Courts, excluding all that is obsolete, overruled or superseded : comprising a Series of Condensed Treatises on the different Branches of the Law, with detailed Directions, Forms and Prece- dents ; an Alphabetical Dictionary of Technical Law Terms and Maxims, and a Collection of Words that have received a Special Judicial Construction ; the whole illustrated by References to the principal Cases in Equity, and in the Scotch, American and Irish Reports, and the most eminent text writers. By CHARLES PETERSDORFP, Serjeant-at-Law, assisted by CHARLES W. WOOD, Esq., and WALKER MARSHALL, Esq., Barristers-at-Law. THE SUPPLEMENT, 1863 to 1870, a* a separate work, 1 vol. Royal 8vo., 25*. cloth. -- - " Six editions in twenty-four years attest men at the Antipodes are more combative the estimation in which this great work is than ourselves upon points of order and pro- held by the members of successive Parlia- cedure. In Germany it has been translated ments, by the promoters of private bills, and for the use of the Prussian and Noith German by constitutional lawyers It is an exhaustive Parliaments, and we have found it in a book- treatise on that most lawless of all law the sellei's shop at Pesth, in the Hungarian Ian- Law of Parliament." Law Times. guage, under the name of ' May Erskine " Perhaps no work has achieved a greater Tamas.' " Times. Drewry's Equity Pleader. 12mo. t 6s. cloth. A CONCISE TREATISE on the PRINCIPLES of EQUITY PLEADING ; with Precedents. By C. STEWART DREWRV, of the Inn< r Temple, Esq., Barrister at Law. " It will be found of great utility as intro- refresh the memory after the study of the ductory to the more elaborate treatises, or to larger books." Laic Times. 28 LAW WORKS PUBLISHED BY Glen's Law of Highways. Second Edition. Post 8vo., 20*. cloth. The LAW of HIGHWAYS: comprising the Highway Acts 1835, 1862 and 1804; the South Wales Highway Act; the Statutes and Decisions of the Courts on the subject of Highways, Bridges, Ferries, &c., including the Duties of Highway Boards, Surveyors of Highways, the Law of Highways in Local Board of Health Districts; Highways affected by Railways, and Locomotives on Highways. With an Appendix of Statutes in force relating to Highways. By W. CUNNINGHAM GLKN, Esq., Barrister at Law. Second Edition. " Altogether we may confidently venture to be found to contain much information which confirm the statement in the preface that it may might be looked for elsewhere HI vain. I he DOW fairly claim to be recognized as a standard general law upon the subject is set forth with a authority on the law of highways by those who care and lucidity deserving of great praise, and are engaged officially ur otherwise in the admi- a good index facilitates reference, and renders nistration of that branch of the law. It is so as this work the most complete on this important we from personal knowledge can affirm, and, we subject which has yet been published." Justice may add, that it is received by them as a trust- of the I'eact. worthy guide in the discharge of their onerous " Mr. Glen may well say that an entire revision duties. "Law Timei. of the first edition was necessitated by [he recent " The present edition of Mr. Glen's work con- statutes, and his second edition is a bulky volume tains a great deal of valuable matter which is of 800 pages. His work may be read with salU- entirely new. To those interested in the law of faction by the general student as well as referred highways this manual as it now appears will be to with confidence by the practitioner. We need fouud asafe and efficient guide." Law Magazine. say nothing further of this second edition than " Mr. Glen has an established reputation in the that we think it likely to maintain fully the repu- legal profession as a careful and laborious writer, tation obtained by iis predecessor. It has the and this new edition of his new work on highway advantages, by no means unworthy of considera- taw will convince those who refer to it that he lion, of being well printed and well indexed, as has neglected no topic likely to be useful to those well as well arrai.gid, and a copious index of whose duties require them to have a knowledge statutes renders it a perfect compendium of the of this particular branch of the law. This work authorities bearing in any way on the law of aspires above others which profess merely to be highways." Solicitor*' Journal. annotated reprints of acts of parliament, it will Fry's Specific Performance of Contracts. 8vo., 16s. cloth. A TREATISE on the SPECIFIC PERFORMANCE of CONTRACTS, including those of Public Companies, with a Preliminary Chapter on the Provisions of the Chancery Amendment Act, 1858. By EDWARD FRY, B.A., of Lincoln's Inn, Esq., Barrister at Law. " It will be seen what a masterly grasp the only argue a knowledge of the law, but of those author has taken of his subject, and his treatment varying circumstances in human society to which of the various parts of it equally exhibits the hand the law has to be applied." Spectator. of a man who has studied the law as a science, lie " Mr. Fry's elaborate essay appears to exhau-t is skilful in the extraction of principles, precise the subject, on which he has cited and brought in the exposition of them, apt in their application to bear, with great diligence, some l,5(Xi cases, to the particular case, but in all he is thoroughly which include those of the latest reports." Law practical. The practitioner who uses it as a text Magazine and Review. book will find in it an adviser wno will tell him " Although a professional work, it insufficiently not only what the law is, but how it may be en- popular in style to be serviceable to all persons forced. Law Times. engaged in commercial or joint-stock under- " Mr. Fry's work presents in a reasonable coin- takings." The Times. pass a large quantity of modern learning on the " The law of specific performance is a growing subject of contracts, with reference to the com- law just now, and the characteristic which mou remedy by specific performance, and will gives its special value to Mr. Fry's work is, thus be acceptable to the profession generally." that the recent cases are as well digested in Law Cknmirle. his mind as the older ones. Mr. Fry's is one of "There is n closeness and clearness in its style, the best specimens of the modern law book." and a latent fulness in the exposition, which i.ot Tlie Economist. Phillips's Law of Lunacy. Post Svo., 18*. cloth. THE LAW CONCERNING LUNATICS, IDIOTS and PERSONS of UNSOUND MIND. By CHARLES PALMER PHILLIPS, M.A., of Lincoln's Inn, Esq., Barrister at Law, and Secretary to the Com- missioners of Lunacy. "Mr. C. P. Phillips has in his very complete, "The work is one on which the author has elaborate and useful volume presented us with au evidently bestowed great pains, and which uot excellent view of the present law as well as the only bears the mark of great application and practice relating to lunacy." Law Magazine and research, but which shows a familiarity with the Rtviev. subject. 1 ' Justice of thi Ptact. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.G. 29 Davis's County Courts Practice and Evidence. Third Edit. One thick volume, Royal 12mo. 28*. cloth. A MANUAL of the PRACTICE and EVIDENCE in ACTIONS and other PROCEEDINGS in the COUNTY COURTS, including the PRACTICE in BANKRUPTCY, with an Appendix of Statutes and Rules. By JAMES EDWARD DAVIS, of the Middle Temple, Esq., Barrister at Law. Third Edition, considerably enlarged. ** This is the only workman the County Courts which ijii-es forms of Plaints and treats fully of Oie Law and Evidence in Actions and ut/ier 1'rocetdings in these Courts, Davis's County Courts Equitable Jurisdiction, 1866. Royal 12mo., 5s. cloth. Davis's County Courts Amendment Act, 1867. Royal 12mo., 12. cloth. Brandon's Mayor's Court Practice. 8vo., 3s. 6d. cloth. EPITOME of the NOTES of PRACTICE of the MAYOR'S COURT PRACTICE of the CITY of LONDON in ordinary Actions. By WOODTHORPE BRANDON, Esq., Barrister at Law. Glen's Law of Public Health. Fifth Edition. 8vo., 30*. cloth. The LAW relating to PUBLIC HEALTH and LOCAL GOVERNMENT, including the Law relating to the Removal of Nuisances injurious to Health, the Prevention of Diseases, and Sewer Authorities; with the Statutes and Cases. By W. CUNNINGHAM GLEN, of the Middle Temple, Esq., Barrister at Law. Smith's Practice of Conveyancing. Post 8vo., 6s. cloth. AN ELEMENTARY VIEW of the PRACTICE of CON- VEYANCING in SOLICITORS' OFFICES; with an Outline of the Proceedings under the Transfer of Land and Declaration of Title Acts, 1 8(5*2, for the use of Articled Clerks. By EDMUND SMITH, B.A., late of Pembroke College, Cambridge. Attorney and Solicitor. Wills on Circumstantial Evidence. Fourth Edition. 8vo., 10*. cloth. AN ESSAY on the PRINCIPLES of CIRCUMSTANTIAL EVIDENCE. Illustrated by numerous Cases. By the late WILLIAH WILLS, Esq. Fourth Edition, edited by his Son, ALFRED WILLS, Esq., Barrister at Law. - 30 LAW WORKS PUBLISHED BY Powell on Evidence. Third Edition by Cutler & Griffin. 12iuo., 165. cloth. THE PRINCIPLES and PRACTICE of the LAW of EVl- DKN ('!'.. By EDMUND POWELL. M.A., of the Inner Temple, Barrister at Law. Third Edition by JOHN CUTLER, B.A., of Lincoln's Inn, Barrister at Law, Professor of English Law and Jurisprudence, and Professor of Indian Jurisprudence at King's College, London; and EDMUND FUJ.I.I.H GRIFFIN, B.A., of Lincoln's Inn, Barrister at Law. To which is added a SUPPLEMENT containing the alterations in the Law of Evidence to Michaelmas, 1869. The Supplement may be had separately price Is. sewed. markably well arranged, so that anything it contains can he rapidly found. We think this will he enough to make the work useful to practitioners on circuit, at quarter sessions, and especially in county courts where access to a library is not usually to be had and it is inconvenient or impossible to take many or large books. To students and young barris- ters also the book will be useful, not only for reading at home, as more practical than Best and less detailed than Taylor, but also for taking with them into court." Solicitors' Journal. " This is a good edition of a very useful work. The book itself w<- have always considered as well adapted for the student and convenient for the practitioner. It explains principles clearly, and illustrates them without over- loading them by the cases quoted. The work is more practical in its object than that of Mr. Best, and treats the subject in a more succinct manner than Mr. Pitt Taylor. There could be no better introduction to the study of the law of evidence than Mr. Powell's book, whilst it is perfectly suitable for ordinary reference, and the care that has been bestowed on it by the present editors will, we think, considerably enhance its value The law l.as been brought ' own to the close of last year, and the principles of the law of evidence follower by the Court of Chancery have been incorporated in the work, and the rules of evidence adopted by the Anpio-Indian courts have been referred to, the chief part of the Indian Evidence Act being in the appendix. This last feature of the work will render it very valuable for those who r.re studying for the Indian civil service, and will not be wiili- " We have very great pleasure In noticing this edition of a work with which we have long been familiar. It was certainly a good idea to make the book uselul to the equity practitioner. It was a still better idea to adapt the Anglo- Indian rules of evidence, which must assist materially those who are stud* ing in England for the Indian bar, or preparing for the Indian civil service. Mr. Cutler, being Professor of Indian Jurisprudence at King's College, has executed this latter bianch of the work with the ability which was to be expected from him, and we can heartily recommend this excellent edition of Mr. Powell's book as likely to prove of very wide utility." Late Times. " To put before students in an attractive and concise form the principles of the laws of evidence the authors have achieved a success. The treatise befoie us has with great care and skill incorporated the principles of evidence observed in equity, and als.o the salient rules adopted in the Anvlo-lndian courts. While we think that the sphere of this treatise must be confined to the education of students, we have no hesitation in asserting that witliri that sphere the book is a great success, and we cordially recommend the volume to students both for the English bar and for the Indian b:ir. Its simplicity and perspicuity render it also a valuable aid to members of the Indian civil service." Law Journal. ' This is a new edition of a work which we fancy has scarcely been as well known as it deserves. It has not of course the pretensions to completeness of Mr. Pitt Taylor's 'jook, nor possibly has it so much merit as an original and scientific treatise as Mr. best's, at the same time it is probably more useful than either for ready reference in court on ordinary points. The present volume is of handy size, is moderately cheap, and its contents are re- out interest for Ml who wish to understand thoroughly the principles of the law of evi- dence." Laic Jfayazine and Reritw. ** Although in t/iif trork the most important decitiont only are quoted, and as a rule but onr authority it given for each ]>ro/iosittoii , yet there are upwards of 400 case* cilitl therein which do not appear in the table of cases prefixed to the latest edition of " Taylor on Evidence.'' Holland on the Form of the Law. 8vo., 7*. 6d. cloth. ESSAYS upon the FORM of the LAW. By THOMAS ERSKIM: HOLLAND, M.A., Fellow of Exeter College, Oxford, and of Lincoln's Inn, Barrister at Law. " A work of great ability." Athenaeum. " Entitled to very high commendation." Law Times. "The tssays of an author so well qualified to write upon the subject." Law Join-mil. " \Ve can confidently rec-ommend these essays to our readers." Law Magazine. "A work in which the whole matter is easily intelligible to the lay as well as the professional public " Mknfay Rtriew. Mr. Holland's extremely valuable and in- genious essays." Spectator. MESSRS. BUTTERWORTH, 7, FLEET STREET, E.C. 31 Wigram on Extrinsic Evidence as to Wills. Fourth Edition. 8vo., 11s. cloth. AN EXAMINATION OF THE RULES OF LAW respecting tli.,- Admission of EXTRINSIC EVIDENCE in Aid of the INTER- PRETATION OF WILLS. By the Right Hon. Sir JAMKS Wit; HAM, Knt. The Fourth Edition, prepared for the press with the sanction of the learned Author, by W. KNOX WIGR.AM, M.A., of Lincoln's Inn, Esq., Barrister-at-Law. " In the fclchratccl treatise of Sir James admiration of every judpe who has had to con- Witfram, the rules of law are stated, discussed suit it " lard KingadnvH, in a Prii-jf i'witfil and explained in a manner which has excited the Judgment, July Ktli, lain. Williams's Common Law Pleading and Practice. 8vo., 12*. cloth. An INTRODUCTION to PRACTICE and PLEADING in the SUPERIOR COURTS of LAW, embracing an outline of the whole proceedings in an Action at Law, on Motion, and at Judges' Cham- bers; together with the Rules of Pleading and Practice, and Forms of all the principal Proceedings. By WATKIN WILLIAMS, Esq., M.P., of the Inner Temple, Barrister at Law. " I'or the Student especially the book has fea- with a practical treatment of the subject, illus- tures of peculiar value, it is at the same time trated by forms and examples of the main pro- M'lfiitijie and practical, and throughout the work ceedings." Juint. there is a judicious union of general priuciples Bainbridge's Law of Mines and Minerals. 3rd Edit. 8vo., 30s. cloth. A TREATISE on the LAW of MINES and MINERALS. By WILLIAM BAINBRIDGE, Esq., F.G.S., of the Inner Temple, Barrister at Law. Third Edition, carefully revised, and much enlarged by additional matter relating to manorial rights rights of way and water and other mining easements the sale of mines and shares the construction of leases cost book and general partnerships injuries from undermining and inundations barriers and working out of bounds. With an Appendix of Forms and Customs and a Glossary of English Mining Terms. " When a work has reached three editions, work on mint's and minerals. It would be criticism as to its practical value is superfluous. entirely superfluous to attempt a general re- \Ve believe that this \voik was the lirst pub- view of a work which has lor so long a period lishcd in England on the special subject of occupied the position of the standard work on mining law others have shvu been published this important subject. Those only who, hy but we see no reason in looking at the volume the nature of their practice, have learned to before us to believe that it lias yet been super- lean upon Mr. ll.unbriihti- us on a solid start", beded." Lntf Magazine. can appreciate the deep research, the admira- " Mr. Hainbridge was we believe the first to ble method, and the graceful style of this collect and publish, in ;i separate treati.-e, the model treatise. Therefore we are merely re- Law of Mines and Minerals, and the work was duced to the inquiry, whether the law lias, by so well done that his volume at once took its force of statutes and of judicial dei iiions, un- place in the law library as the texl book on the dergone such development, nu.ditication, or subject to which it was devoted. This work change since I he year 1856 as to justify a new must be already familiar to all readers whose edition? That question may be r practice brings them in any manner in con- answered In the alln niative, and the additions nection with mines or mining, and they well and corrections made in the volume before us know its value. We can only say of this new furnish ample evidence of the fact. It may be edition that it is in all respects worthy of its also stated that this hook, being priced al 30* , predecessors." Law Tiiiu-s. has the exceptional characterol being a cheap " Alter an interval of eleven years we have law publication." Lav Journal. to welcome- a new edition of Mr. Bainbridgc't 32 LAW WORKS PUBLISHED BY Field's Table of, and Index to, Indian Statute Law. Demy 4to., 42*. cloth. A CHRONOLOGICAL TABLE of and INDEX to the INDIAN STATUTE-BOOK from the Year 1834. with a General Intro- duction to the Statute Law of India. By C. D. FIELD, M.A., LL.D., of the Inner Temple, Barrister at Law, and of H.M.'s Bengal Civil Service. " Mr. Field has produced a work which will in India, but to those practising in the Privy be extremely useful, not ouly to the profession Council at home." Solicitor*' Jvufnal. Cutler and Griffin's Indian Criminal Law. 8vo. (>.?. cloth. AN ANALYSIS of the INDIAN PENAL CODE (Act XLV. of 1860), with Notes. By JOHN CUTLER, B.A., of Lincoln's Inn, Barrister at Law, Professor of English Law and Jurisprudence, and Pro- fessor of Indian Jurisprudence at King's College, London, and EDMUND FULLER GRIFFIN, B.A., of Lincoln's Inn, Barrister at Law. " It may be added that the code is just at use to professional men in England. It has a at present out of print, so that the production good index." Late Magazine. of an analysis at the present moment is espe- "This is a work intended for students and cially opportune. Messrs. Cutler and Griffin for practitioners in India. Knowing how well have produced a useful little book, and pro- the same authors edited the Indian portion of duced it at a time when it will be especially Powell on Evidence, we should be content to useful." Solicitors' Journal. take it on the faith of their reputation only. ' This analysis of the Indian Penal Code The mode of analysis is very clear and brings seems to have conferred a great boon on the well forward the prominent features of the Indian practitioner, and will doubtless be of code." Late Times. Davis's Criminal Law Consolidation Acts. 12mo., 10s. cloth. THE NEW CRIMINAL LAW CONSOLIDATION ACTS, 1861 ; with an Introduction and practical Notes, illustrated by a copious reference to Cases decided by the Court of Criminal Appeal. Together with alphabetical Tables of Offences, as well those punishable upon Summary Conviction as upon Indictment, and including the Offences under the New Bankruptcy Act, so arranged as to present at one view the particular Offence, the Old or New Statute upon which it is founded, and the Limits of Punish- ment ; and a full Index. By JAMES EDWARD DAVIS, Esq., Barrister- at-Law. Powell's Law of Inland Carriers. Second Edition. 8vo., 14s. cloth. THE LAW OF INLAND CARRIERS, especially as regu- lated by the Railway and Canal Traffic Act, 1854. By EDMUND POWELL, Esq., of Lincoln College, Oxon, M.A., and of the Western Circuit, Barristt-r at Law, Author of " Principles and Practice of the Law of Evidence." Second Edition, almost re-written. " Mr Powell's writing is. -.insularly precise and it aspires to become, the text book on the Law of condensed, without beint? at all dry, as those who Carriers." Lav Timet. have read his admirable Hook of (-videnc* will " the two chapters on ihe Kail way and Canal attest. It will be seen, from our outline of the Traffic Act, JK56, are quite new. and ihe recent contents, how exhaustively the subject has been cases under the provisions of that statute are treated, and that it is entitled to be, that which analyzed in lucid language." Lmv> Magaztut, Smith's Bar Education. 8vo., 9s. cloth. A HISTORY of EDUCATION for the ENGLISH BAR, with SUGGESTIONS as to SUBJECTS and METHODS of STUDY. By PHILIP AXSTIE SMITH, Esq., M.A., LL.B., Barrister-at-Law. 6 MESSRS. BUTTERWORTH, 7, FLEET STREET, E. C. 33 Foreshores. Report of case The Queen fit the prosecution of Williams v. Nicholson, for removing Shingle from the Foreshore at Withernsea. Heard at the Police Court, Hull, 31st May, 1870. 8vo. Is. sewed. A Letter to the Eight Hon. the Lord High Chancellor concerning Digests and Codes. By WILLIAM RICHARD FISHER, of Lincoln's Inn, Esq., Barrister at Law. Royal 8vo Is. sewed. Indian Civil Service Examinations. On reporting Cases for the Periodical Examinations by Selected Candidates for the Civil Service of India : Being a Lecture delivered on Wednesday, June 12, 1867. at King's College, London. By JOHN CUTLER, B.A., of Lincoln's Inn, Barrister at Law, Professor of English Law and Jurisprudence and Professor of Indian Jurisprudence at King's College, London. 8vo., 1*. sewed. Cutler's Voluntary and other Settlements, including the 91st section of the Bankruptcy Act, 1869. By JOHN CUTLER, B.A., of Lincoln's Inn, Esq., Barrister at Law. 8vo. 3s. cloth. Hamel's International Law, in connexion with Municipal Statutes relating to the Commerce, Rights and Liabilities of the Subjects of Neutral States pending Foreign War; considered with reference to the Case of the Alexandra, seized under the provisions of the Foreign Enlistment Act. By FELIX HARGRAVE HAMEL, Barrister at Law. Post 8vo. 3s. boards. Francillon's Lectures, Elementary and Familiar, on English Law. FIRST and SECOND SERIES. By JAMES FRANCILLON, Esq., County Court Judge. 2 vols. 8vo. 8s. each cloth. Pearce's Guide to the Inns of Court and Chancery ; with Notices of their Ancient Discipline, Customs and Entertainments ; an Account of the Eminent Men of Lincoln's Inn, the Inner Temple, the Middle Temple, and Gray's Inn, &c. ; together with the Regulations as to the Admission of Students, Keeping Terms, Call to the Bar, &c. By ROBERT R. PEARCE, Esq., Barrister at Law. 8vo. 8s. cloth. The Laws of Barbados. (By Authority.) Royal 8vo. 21s. cloth. Le Marchant's Report of Proceedings of the House of Lords on the Claims to the Barony of Gardner, with an Appendix of Cases illus- trative of the Law of Legitimacy. By Sir DENIS LE MARCHANT, of Lincoln's Inn, Barrister at Law. 8vo. 18s. boards. Finlason's Dissertation on the History of Hereditary Dignities, particularly as to the Course of Descent and their Forfeiture by Attainder, with special reference to the Case of the Earldom of Wiltes. By W. F. FINLASON, Esq , Barrister at Law, Editor of " Reeve's History of the Knlish Law." 8vo. 5s. cloth. " As an inquiry into an important question of peerage law it cannot fail to have much interest for not a few readers." Lam Ataijazin?. " Mr. FinUson discusses very carefully the modes in which dignities may be forfeited. We heartily recommend ii as a pleasant study to laymen and Itwyers." l.mi Norman's Treatise on the Law and Practice relating to Letters Patent for Inventions. By J. P. NORMAN, M.A., Barrister at Law. Post 8vo., Is. Qd. cloth. Gray's Treatise on the Law of Costs in Actions and other Proceed- ings in the Courts of Common Law at Westminster. By JOHN GRAY, Esq., of the Middle Temple, Barrister at Law. 8vo., 21s. cloth. 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