ABATEMENT-proviso for abatement of
rent in cases of fire, according to the na-
ture and extent of the damage, 292
Abolition-of ancient tenures, p. 1, note
(e)

Acceptance-by a landlord of another te-
nant, 127-by landlord of key of house,
ib.-of rent after forfeiture a waiver of
the forfeiture, 674

Account-books of account to be kept by
lessee of mines, 84, 85, 617
Acknowledgment-of the receipt (by te-
nant) of declaration in ejectment, 16, n.
(s), 402-by a tenant as to the time of his
entering, 428

Acquiescence of landlord to assignment
of lease, 157, 158

Action-as to action for rent of lodgings,
34-on the action of ejectment, 362-
for damages in ejectment, 412
Administration-must be taken out pre-
vious to bringing an action against te
nant, under the statute 4 G.II.,c. 28. 150
Administrator-assignment of leasehold
property from an administrator, 157-
159

Administratrix-as to underletting, 660
Admission-of copyhold property, 11-
fees on admission, 12, n. (b)--the lord
considers the surrenderor as tenant, un-
til the admission of the surrenderee, 12
n. (e)
Admittance-as to the admittance of a
vendor to copyhold property, prior to
surrendering to a purchaser, 117, n. (a)
Advance-rent paid in advance, 39, n. (1)
Adverse Possession-see Ejectment
Affidavits-service of declaration in eject-

ment, 16, 399-how the uffidavit must
be entitled, 16-as to service in general,
ib., n. (a) as to acknowledgment by
tenant, ib., n. (s)-of service on several
denises, 17-the requisites of such affi-
davit, ib.-when one action is intended
or more, ib, n. (v)-of service of the de-
claration on the wife, 17-how to be stat-
ed, ib., n. (r)-of service of declaration
on one tenant, and the wife of another,
18 when on the child or servant, ib.,
n.(w)—when on any other of the family,
19-if service according to the statute,
4 G. II., c. 28, (premises unoccupied,
ib.-form of affidavit required by the act
1 G. IV., c. 87, s. 1, in addition to the

usual affidavit of service, 20-form of
affidavit when the usual affidavit of ser-
vice can be effected, 20, n. (y) when mo-
tion made thereon, ib., n. (2)—when
held under an agreement, 21, (a)-va-
riations as to tenancy, 22, (notes)--affida-
vit of the due taking of the recognizance
under the act, 1 G.IV., c. 87. 23-of the
justification by sureties, ib.-affidavit to
move for judgment in ejectment, under
the statute, 1 W. IV., c. 70, what must
be shown under this stat., ib., n. (i)
-affidavit for rule for judgment on
proceedings in ejectment, on a vacant
possession, 25-as to the letter of attor
ney, 25, n. (k)-of the due execution of
a submission to arbitration, 26—of the
service of a consent rule with an alloca-
tur, and demanding costs, 27-of the
enlargment of time, 27, n.-when pay-
able by lessor of plaintiff, 27-of the
due execution of lease and release, 28.
Agent-distress by, for rent, 341-as to
agreement for lease with an agent, 639
-agent's responsibility, ib., n. (a)
Agreements generally-the import of an
agreement, 29-the requisites of, ib.-
the stipulations, ib., 30-as to the stat.
of frauds, ib.-the disabilities, 28, n. (g)
not to be against the laws of religion, or
morality, ib., n. (u)-as to parol agree-
ment 30-when under seal, ib.--the for-
mal parts of an agreement, ib.-as to the
testimonium, ib.-as to voluntary agree-
ments, 30, n. (w)-testimonium, 30, 31
-liability of personal representatives
though not named, 31-different sorts of
agreements, ib.-the remedy for breach
of an agreement, ib.-interposition of
courts of equity, 32-when set aside, ib
-as to specific performance, 32, n. (e)
Agreements for lodgings-what are lodg
ings, 33-how let, ib.-when furnished
ib.-terms, ib.-as to rent, and notice to
quit, ib.-periods, ib.--custom as to no-
tice to quit, ib.-where premises are di-
vided, ib., n. (i)-payment of rents, 34-
inquiries to be made by lodgers, ib.-
when injurious to public morality, ib.~
as to actions for rent, ib.-the operation
of the stat. of frauds, as to agreements
for lodgings, ib.-agreement for letting
unfurnished lodgings, 35-for letting
and taking apartments from week to

week, ib.-for letting apartments for a
year, ib.-for furnished lodgings, 37—
another form with inventory, 38-a ge-
neral form, 39-if the heirs are to be
bound, ib., n. (s)-if rent is to be in
advance, ib., n. (1)

Agreements for Leases-should be explicit,
41-no parol evidence can be adduced
to explain, ib.-when it is intended to
prevent assignment, ib.-as to covenants
to repair, and insurance, ib.-as to the
statute of frauds, 41, n. (v)-as to usual
covenants, ib., n. (x)-as to repair and
insurance, ib., n. (a)-if any exception
be intended to be inserted in the lease,
agreed for, 42—as to warranty for title
in agreements for leases, ib.-or for in-
spection thereof, ib.-stipulation as to
usual covenants,ib.-as to the construc-
tion of agreements operating as leases
or not, 42, 43-45, 46, 47, 48, 49-the
plan of preparing executory agree-
ments for leases, 49-the outlines of an
agreement for a lease, ib.-an agree-
ment for the lease of a house, 50-plan of
an agreement for a lease of a farm with
summary of the covenants necessary,
50 n.(b)-agreement for lease of a house,
including the use of the furniture, 52—
for the lease of part of a house, 54-
for the lease of a house with particular
stipulations, 55-for the lease of a farm
and lands, 57--for letting a small farm
from year to year, 61-for letting a mill,
machinery, and lands, 65-agreement
or conditions, with a summary of usual
covenants for letting a farm on lease from
year to year, 69-agreement for leasing
mines, 79-agreement for sale of timber,
88-agreement permitting mortgagee
to lease, 93-agreement for a building
lease, 98-agreement to grant a lease for
building by a sub-lessor, 100-another
form where a sub-lessor agrees to ad-
vance a sum of money when the build-
ing is partly erected, 104-for building
a row of houses, 107-for partition, 111
- for exchange, 113- for landlord to
build up premises destroyed by fire,114—
for the purchase of freehold, copyhold,
or leasehold, 116-the construction of
tenancy on a purchaser under an agree-
ment taking possession before comple-
tion, 118, n. (d)—for an assignment of
lease for lives, 120-for letting a dairy
of cows with pasturage, 122-remarks
on letting chattels, 123, n. (h), 126 n.
-observations and cases in respect to
agreements, 127-as to tenancies from
year to year, ib.-acceptance by land-
lord of another tenant, ib.-tenants de-
livering up the key or possession, ib.-
as to acts of ownership exercised by
landlord, ib.-re-letting by landlord,
128-how far a tenant from year to year

is bound to repair, 122-remedy for
breach of agreement, ib.-procuring a
person to grant a lease, 130-as to
counts in declaration, ib.-as to failure
in giving possession, 131-as to care-
nants, ib.-as to agreements for under-
leases, ib.-as to tendering lease where
the expense is agreed to be paid by
lessor, 132-when the court will dismiss
a bill for specific performance of an
agreement for a lease, ib. —as to specific
performance of a parol agreement, for
a lease, ib.-refusal to execute a lease
tendered, ib. tenant coronitting
breaches of covenant, not entitled to a
specific performance, ib.-as to execu-
tors of tenant in respect to reversionary
term, ib.-when lessor by his conduct
considered as having waived objections
to the title, 133-insolvency of lessor, ib.
-bankruptcy of lessee, 134-recitals of,

689

demise for securing, 470

Apartments-contract for letting, 35, 36,
Appearance-to ejectment, 362

Appointment-demise by husband and
wife under a joint power of appoint
ment, 526.

Apportionment-of rent, 135—what rents
are, and of the different species of, ib., n.
(e), 135-as to apportionment before the
stat. 11 G. II., c. 19, 136-cases decided
respecting, ib., n. (d)-as to the statute
4 W. IV., c. 22, for amending the former
act,137-deed of apportionment of rent,
140-clauses of apportionment of rents,
144-146 observations and cases on
reut, 147
Appraisement-recital of appraisement
and valuation, 229-of goods distrained,
stat. as to, 321-form of, in distress, 336
Apprenticeship-to a farmer and grazier,
298-to an husbandman, 300
Arbitration-affidavit of the due execution
of a submission, 26-clause in agree-
ment between landlord and tenant, 68,
n., 97-in what manner matters in re-
alty may be submitted, 175-as to
awards, 207-forms, 210, 213-obser-
vations and cases, 215-clause of arbi-
tration in a lease of mines, 619
Arrears-distress for rent in arrear, 332
Assign-covenant by lessee not to assign,
495-licenses to assign, 657

Assignee-what in deed, and what in law,
151, n. (g)-liability of assignee, 196-
of lease, how far bound, 246, n {d}
Assignees in bankruptcy-as to leases of
bankrupts, 153, and n. (s)-as to the

usual covenant and indemnity against
payment of rent, and performance of
covenants in lease, assigned by as-

signee, 190, n. (l)
Assignments-on the nature of as-
signments, 151 words to consti-
tute, ib.-statute of frauds as to,
ib.as to what assignments are
appropriated, ib.-what necessary to
make an assignee, ib.-definition of,
ib., n. (l)-words in assignment of chat-
tels, ib., n. (m) assignment of a parol
lease, ib., n. (o)-what is an assignee
in deed, and what in law, ib., (l)—the
difference between an assignment, and
an underlease, 152-consideration, ib.
-observations as to the covenants in an
assignment, ib.-bankruptcy of lessee,
152, 153-the operation of the stat. 6 G.
IV., c. 16, as to leases, 153, 154—as to
the covenant not to assign, when lessee
becomes bankrupt, 153, n. (s)-assign-
ment of a lease for the residue of the term
of twenty-one years, 154-assignment
of a lease from the representative of a
lessee, where the lessor joins as a con-
senting party, 157-assignment of a
lease with household goods, from an
administrator and others, the next of
kin of the deceased, to trustees in trust
for their mutual benefit, 159— assign-
ment of lease with a policy of insurance,
163-assignment of a lease for twenty-
one years, sold by auction, 169-assign-
ment of leaseholds for lives, 171-as-
signment of leasehold premises in trust,
to sell, and for dividing the same pur-
suant to an award, 175-assignment of
a contract for the sale of a lease, 178-
assignment of leasehold property from
old trustees resigning, to new trustees
appointed in their stead, 180-assign-
ment of leaseholds under a fiat in bank-
ruptcy, 187-assignment of a policy of
insurance against fire, 191-when the
goods are insured also, ib., n. (p)—ob-
servations and cases on assignment,
194-construction of assignment, 194,
-assignment of a replevin bond, 238.
n. (y)-recitals of, 690
Assignor-cannot distrain, 340

Attestation-of a lease in ejectment on a
vacant possession, 486, n. (z)
Attested Copies - stipulation as to an
agreement for sale, 118
Attorney-powers or letters of attorney,
for distress, entry, &c., 650
Attornment-the signification of, 200-
how made, ib.-why formerly made in
grants, ib.-what attornment amounted
to, ib-the stat. 4 Anne respecting, ib.
and of 11 G. II., ib.-how far applicable
in respect to mortgages, ib.-why it has
in a great measure ceased, ib., n. (v)—
still applicable to a receiver,or in cases of

a recovery in ejectment to save expenses,
201-forin of attornment in an action of
ejectment, 201-by tenants to a mort-
gagee or other person after judgment
in ejectment, 202, 203-form by in-
dorsement, 202-attornment by tenants
to the mortgagee, by the direction of
mortgagor, without suit, 204-memo-
randum of attornment by a mortgagor
when a receiver is appointed, ib.-form
of a schedule in an attornment, ib., n.
(y)-direction by assignees of a mort-
gagor in bankruptcy, to attorn to mort-
gagee, 205-when an attornment re-
quires a stamp, 206, n. (a)
Auction-recital when land is put up to
let by auction, 107, 140-conditions of
sale by auction, 264-observations on,
277-as to memorandums of sale by,
280, 283
Auctioneer-memorandum to be sigued
by auctioneer at sale, 280, 282
Authority-to distrain, 329, 332, 654
Awards of the stat. 9 & 10 W. III., em-
powering arbitration, 207-the object
of the act, ib.-as to parol submission,
ib.-on an agreement for arbitration, as
to a lease whether within the statute of
frauds, 207-when the court will make
the same a rule of court, 208-as to the
statute 3 & 4 W. IV., c. 42, s. 39. 208-as
to the power of the arbitrator under this
act, commanding the attendance of wit.
nesses, ib.-perjury may be assigned,
209-rules of evidence in arbitration,
209, 210-form of an award between
landlord and tenant, 210-award pur-
suant to articles contained in a building
agreement, 213-observations andcases
in respect to awards, 215-how made,
ib-the requisites of an award, ib.-for
what it may be made, 216-as to award-
ing general releases, 217-as to the
execution of an award, ib.-notice of
same to parties, ib.-delivery, ib.
Bailiff-agreement on engaging a bailiff
for the management of farms, 87
Bankrupt as to assignment of leaseholds
by, 152, 153, 154-assignment of lease-
holds under a fiat, 187

Bankruptcy-assignment of leasehold
under a fiat, 187-as to the vesting of
the real and personal estate, which
formerly required to be assigned, 187,
n. (1)-when commissioners decline ac-
cepting lease, ib., n. (m)-as to the
covenants and indemnity in assign
ments of leasehold in bankruptcy, 190,
n. (n)

Bargain and Sale-as to enrolment of
bargains and sales, under the act for
the abolishing fines and recoveries, 5,
n. (s)-as to a bargain and sale of chat-
tels, 218-of timber trees, 218-of goods,
and of the verbal agreement for a house,

220-of copyhold property, under a fiat
in bankruptcy, 222
Barn-stipulation for going-off tenant to
have the use of, 60, 515

Beasts of the Plough-as to distress of, 343
Bill of Sale-what a bill of sale is, 226-
of the stat. 13 Eliz., c. 5, respecting
fraudulent conveyances by, 226-cases
in respect to fraud under this act, ib., n.
(e)-bill of sale of goods, from tenant to
landlord, 227-delivery of possession,
228, n. (ƒ)—of goods distrained for
rent from landlord and person making
the distress, with the constable and ap-
praiser, to a purchaser at the valuation
fixed, 229-of household goods and
furniture from tenant to landlord, by
way of security for rent, and money due
and owing, including a power of attor-
ney for delivering possession of goods,
230-form of memorandum of the de-
livery of possession, by virtue of the
power, 233, n--observations and cases
on bills of sale, 234-as to bills of sale
of chattels, ib. - when absolute and
when conditional, ib.-as to the pos-
session of the goods, ib.-as to as.
signment by a creditor in embarrassed
circumstances, ib.-as to the considera-
tion, ib.-as to bill of sale, when a se-
curity (in regard to the possession), 235.
Bonds-the nature of a boud, 236-when
termed a specialty, ib.-representatives
when bound, ib.-legality of conditions.
ib.-as to the necessity or not of signing,
236, n--Bond in replevin, 237-bond as
a security to landlord, by tenant and
bis surety, for payment of rent reserved
on granting a lease, 238-for the per-
formance of covenants generally, 239,
n. (c)-bond of indemnity upon the as-
signment of long leaseholds, to save
the lessee or assignor harmless from
the payment of the rent, and perform-
ance of covenants generally, ib., n.
(e)-bond of indemnity to an as-
signee to save harmless from the
payment of rent, and perform-
ance of the covenants in the original
lease, 240-bond to indemnify a lessee
from ground rent, 242-bond of indem-
nity against a defect in title of leasehold
premises, 243-another form, 244, (h)

bond of indemnity to a person per
mitting his name to be made use of in
an ejectment suit, 245-another form of
condition, 246,(7)-bond of indemnity by
a landlord to a tenant, upon his agree-
ing to pay the rent as usual, when the
title to the premises is in litigation,247-
bond of indemnity to a purchaser, pro-
viding against losses, occasioned by one
of the mesue assignments being missing,
250-plan adopted when old deeds are
lost, 250, n. (p)-mode of recital in lost

bond, ih., n. (g)-bond of inderaunty
upon the sale of part of leaseboid pre-
mises, to indemnify the assigure from
payment of any part of the rent re
served by the original lease, 251-when
the condition extends as to quiet enjoy.
ment, 252, n.-bond as a collateral se
curity for the performance of a contract
for the sale of timber, 252-bond for se-
curing money given with a deposit of a
lease, and the assignments thereof, as
an equitable security, 253-arbitration
bond between landlord and tenant, 254
-cases as to arbitration, 255, n.-bood
by a tenant to a landlord, for delivering
up possession of premises and pay-
ment of a sum of money on being re-
leased from his contract for a lease, 257
-observatious and cases, 258-as to
obligor and obligee, ib.-condition, ib.
-when good, ib.-as to surety for, ib.
-as to surety for payment of rent, ib.-
principal and surety, and right of obligee
when damnified, 259-sureties, ib.—reci-
tal in condition, ib.-when obligor will
be estopped, 260-when the condition is
impossible,ib.-liability of sureties,1b,-
bankruptcy, 261-composition, ib.
when time given by principal, ib.—co-
sureties, 262-contribution of sureties,
ib.-the effect of a release to the prin-
cipal debtor, ib.

Boundaries-how far a tenant is bound
to protect, 646 and notes.
Builder-contracts by, 95, 107
Building-as to the expenditure of insur.
ance money between landlord and te-
nant in re-building, 42—award in par-
suance of a clause of arbitration in a
building agreement, 213-covenant in a
lease to build houses, 488-leases for
building, 593, 596, 599

Building Act-as to, 106-as to partition
walls, 108, n. (s)

Building Agreements-98, 100, 104, 107
-when in London, 106, n. (g)-as to
the building act in respect to partition
walls, 108

Breach-remedy for breach of agreement,
31, 129

Brewer-covenant where the brewer is a
landlord, to buy beer, &c., from him,
299, n. (j), 538

Casual ejector-how to obtain judgment
against, 16

Ceremonies in making leases, 628
Cesser-of term on the destruction of pre-
mises by fire, 292, n. (e)

Cestui que use-for years, has a complete
estate without entry, 481, n. (p)
Cestui que trust-assignment of lease-

holds from old trustees to new trustees,
180

Cestui que vie-the meaning of, 6, n. (a)
Chamber- agreement for letting, 35