yearly rent, covenants, and agreements, hereinafter seized in her reserved and contained, &c., they, the said A. B., and C., his wife, do by these presents demise, grant, lease, and farm let, unto, &c.
In a demise
by mort
• gagor and
Witnesseth, that for and in consideration of the rents, &c., he, the said A. B., [on the nomination, and at the instance and request, and by the direction and appointment, of the said C. D., testified by his executing these presents,] (as to the copyhold parts of the lands by virtue of a license or authority for that purpose obtained from the lord or lords, lady or ladies, of the manor, of which the same copyhold lands are respectively parcel,) DOTH by these presents demise and lease(z) unto, &c., ALL, &c.
Witnesseth, &c., he, the said (mortgagee), at the request, and by the direction and appointment, of mortgagee. the said C. D., testified by his being made a party hereto, and sealing and delivering these presents; and also he, the said C. D., do, and each of them doth, by these presents demise and lease unto, &c.(a)
when lease this manner: "Whereas the said A. B., and C. his wife, are seized of or granted by entitled in right of the said C., to the messuage, &c., hereinafter menhusband tioned, for an absolute estate of inheritance in fee simple, and they have and wife. contracted with the said (lessee) to grant to him a lease thereof for the term, and subject to the covenants and conditions, hereinafter contained."
(z) See p. 520, note (c), and see p. 662. The power of licensing is not from lord of customary, but annexed to the person of the lord in respect of his estate in the manor.-See Coke's Copyh. sec. 44, p. 122. It seems, therefore, the purchaser of a lease of copyhold may require the production of the lord's title to license where the lease has been made by virtue of the same. (a) See p. 570, note (k), for the recital sometimes introduced in a lease of this description.
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,
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
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