Chancery-specific performance, 132
Chattels-as to bill of sale of, 226- of the
stat. 13 Eliz., regarding, ib.-observa-
tions and cases respecting bills of sale
of chattels, 234

Chattels real-what are, 9
Chivalry-ancient tenure by, 1, n. (d)
Churchwardens-as to description of, in
an action of ejectment, 434

Coal Mines-conditions for letting 79—
lease of coal mines, 606
Cognovit in ejectment, 404- another
form, 405

Co-heirs as to, 12

Collateral covenants-as to, 307
Commissioners in Bankruptcy - when
they decline accepting a lease, 187, n.(m)
Common Law-distress at, 317, n. (d)
Complaint-form of, before two justices,
under the act 1 & 2 Vic., c. 72. 423
Condition-as to an impossible condition,
260

Conditions-for letting a farm yearly, 69
-for leasing mines, 79-for a building
lease, 98

Conditions of Sale-forms of, 264-of
leasehold property, ib.-of a fee farm
rent, 266-for the sale of timber, 267,-
for letting premises on lease, 269-pur-
suant to an order of the high court of
chancery, 271-a general form of con-
ditions of sale, 272-observations and
cases, 277-how construed, 277-con-
ditions should be accurate, ib.-as to
covenant by purchaser of leasehold, 276
--as to verbal agreement by purchaser
for indemnity against the rents, ib.-
when the vendor is only an assignee,
278

when vendor is executor of lease-
hold property, ib.-cases decided as to
conditions of sale, ib. incidents of
sale, ib.-purchaser of several lots, 278
-reserved bidding,ib-non-compliance
with the contract, 279-memorandum
of sale to be signed by auctioneer or
agent, 280-memorandum to be signed
by purchaser, ib.-a short form, ib.—
notice of appointment of a reserved
bidder, 281--notice of acceptance by in-
tended reserved bidder, ib.-cases as to
inemorandums signed on particulars
and conditions, 282
Confirmation-of a lease, 517
Consent Rule-affidavit of service with
allocatur, 27

Consideration-as to considerations in
agreements, 119

Contingent Remainder-the nature of,
15

Continual Claim-as to, 432, n. (p)
Contracts-see as to contracts, 29-what
necessary to make, 119-assignment of
a contract for the purchase of leasehold
premises, 178

Construction-of instruments, whether

operating as leases or agreements, 44-
of leases as to their operation, 628, 629
Conveyance-of copyhold lands, 11-of
leaseholds for lives, 171-from landlord
to his lessee on his becoming a pur-
chaser of the inheritance, 709
Co-parcenary-as to, 12
Copyhold-estate by, 11-statute 3 & 4
W. IV., c. 106, applicable as to the ad-
mission of the half blood, ib.-convey-
ance of, ib.-lease of a farm, part free-
hold and part copyhold, 552-lease of
copyhold by virtue of a license from
the lord of the manor, 520-form of
license to demise copyhold land, 636,
(n)-as to the license to demise copy-
hold, 661

Costs-affidavit of demanding costs, 27
Course of Husbandry-stipulation to cul-
tivate lands according to, 63, 73
Covenants-what are usual covenants in
a lease of a house, 41, n. (x)-the cove-
nant not to assign not deemed a usual
covenant, 51, n. (d)-usual covenants
in reference to the nature of the pro-
perty, 60, n. (n)-As to covenants in a
bargain and sale of goods, 221, n. (b)~
form of covenant each by himself alone,
284-by two, jointly and severally, ib.
-by three or more severally, as to their
own acts and acts of wife, ib.-by joint
tenants, 285-by two entitled in undi-
vided moities, ib.-common form by
husband for himself and wife, 286-by
two, as to their distinct interests, 286-
short form of covenant in an assignment
of lease, including the usual covenant
by assignee for payment of the rent, and
the usual indemnity against the same,
286-observations on the mode of short-
ening the covenants, 286, n. (s)-cove-
nant by an assignee to perform cove-
nants in au original lease, (except the
covenant for payment of rent,) and to
indemnify assignor, 289-covenant by
landlord to repair walls, roof, and out-
side of premises, 290-covenant for les-
sor to enter and view the state and con-
dition of premises on one day's notice
being given, and for tenant to repair on
such notice, ib.-short covenant in a
lease to insure buildings against fire,
291-for abatement of rent in case of
fire, according to the nature and extent
of the damage, 292-for a lessor to affix
a notice to let, and show premises dur-
ing the last six months of the term, 294
to observe the conditious contained in
a former lease between the same par-
ties, as if they had been repeated in the
present, ib.-of indemnity against fee
farm rents, with the grant of a power of
distress, 295-by lessee of a public
house not to convert the same into a
private bouse, 296, 538, n. (j)—is an

assignment of lease to indemnify as
signee from eviction on account of
breaches of covenant in lease, ib -co-
venant not to erect buildings against
part of premises, 297-not to erect a
mill to deteriorate one conveyed, ib.—
deed of covenant by way of indenture
of apprenticeship to a farmer and gra-
zier, 298-another form to a fariner in
husbandry, 300-deed of covenant for
the production of a lease, 303-observa-
tions and cases, 306-what is a cove-
nant, ib.-express or implied, ib.-real
or personal, ib.-inherent or collateral,
307-the use of covenants, ib.-cove-
nant in gross, ib.-joint and several,
308-construction of covenants, ib.-
usual or customary covenants, 309-
qualified covenants, ib.-breach of co-
venant, 313-liability of parties, ib
covenants running with the land, 314
--dependent or independent covenants,
315-discharge of covenant, 316
Covenants in Leases-covenant to pay
rent and taxes, 488, 507, 520, 524, 527,
535, 541, 546, 554, 580-covenant for
payment of rent by principal and
surety, ib., n. (e)-for lessee to build
houses on the premises, 489-and to
paint in oil the outside wood, &c., 489,
521, and to coal tar outside wood and
iron work, ib.-to expend a certain sum
in improvements, 489, n. (h), 514-by
tenant to repair generally, 490, 507, 521,
541,580-to paint,ib.-to insure against
fire, 491-short form, ib., n. (k)-as to
the application of the money if burnt
down, 492-for lessor to enter and in-
spect with surveyors, &c., 493,521,537,
542-and to give notice of defects, and
for tenant to repair, ib.-for lessor to
-_affix notice of letting the premises dur-
ing the last three months of term, ih.-
to prevent noxious trades, 494-for
liberty of watercourse for landlord, ib.
-and to enter for cleansing, 494-not
to assign except to wife or children,
495-for re-entry on non-payment of
rent, 484, 497, 505, 524, 527, 538, 543,
545-in case of destruction by fire, 498,
522-to keep outside brickwork, plaster-
ing, &c., in repair, 499-lessor to re-
build, 500-for peaceable enjoyment,
ib., 515, 522, 539-for determination of
lease at the end of the first seven years,
501, 523-covenant in lease of a farm
to imbarn on the premises, and to ex-
pend hay, &c, thereon, 508-to pre-
serve fruit trees, 509-and to plant in
case of their dying, ib.-lessee at the
end of term to leave so many acres of
ground stocked with hop plants, 510—
and to cover with woollen rags, ib.-
not to sow hemp, &c., ih.-as to sum-
mer fallows, ib.-for permitting in-com-

ing tenant to sow, &e, 511-to preserve
timber, ib.-not to fall underwood of
less than seven years' growth, in-to
make hedges and fences, 512—not to
grub up any hedge, ib.-to permit les
sor to inspect premises, and the mode
of agriculture, ib.-to permit lesser to
bring actions of trespass, 513-for te
nant to warn off trespassers, 513-co
venant by lessor to lay out a certain
sum in improvements within a certain
time, 514-lessor to supply rough tim
ber for repairs, 514-to pay lessee for
hay, straw, &c., left on premises at the
end of term, 514-lessor at the end of
term to pay lessee for hop poles, &c., st
a valuation, 515-for lessee to have the
use of barn for thrashing his last year's
corn, ib.-covenant as to building in
case of fire, 522-covenant for renewal
of lease, 532-for determination of lease
on the death of lessee, 533-covenant
to buy beer, &e., from landlord, 296, n.
(9), 538, n. (J)-observations on short-
ening covenants in leases, and the
utility thereof, 520–to cleanse wye-
draughts, 536-for tenant to yield up
premises in repair, 536, 542-not to
convert the house let as a public house
into a private house, 538-covenant by
lessor to pay taxes, 544-to manage
lands in a husbandlike manner, 346–
to spend on premises all the muck, &c.,
549-as to crops of grain to be taken.
ib.-lessee not to suffer any waste, 549
-covenant to pay eventual rents, 504,
554-in a lease of mines of ore to render
sixth dish, &, 604-by the lessee to
work mines, ib.-for quiet enjoyment
of mines, 607-covenant for lessee to
convert into coke such coals only as are
customary, 614-covenant by lessee to
keep accounts as to mines, and to de-
liver true copies, 617, 624-for peace-
able enjoyment of mines, 621—for les-
sor to purchase engines, ib-to pay
rent, royalties, and taxes, 622—to ma
nage mines in a workmanlike man-
ner, 623-as to covenants for renewal,
639-as to covenants to repair, 640—as
to express covenants in respect to hus-
bandry, 641-as to implied covenants,
643-as to covenants in respect to tillage
and improvements, 645-for title, 710
Cows-agreement for letting a dairy of
cows, 122

Crops as to crops to be taken by
tenant, 72-landlord's right to take,
408

Curtesy of the estate by curtesy, &—as
to the marriage, ib., n. (p)—as to the
seizin, ib., n. (1).
Custom-gavelkind, 12
Customary Covenants, 309
Dairy-agreement for letting, 123

Damage-as to the penal clause in agree.
ments, 98, n. (0)

Damage feasant-goods and cattle dis-
trainable, 317, n. (d)

Date as to date in leases for lives, 481
Death-renewal of leases on, 586, 589
Debt-recital of debt owing, as also rent,
230

Declaration-as to covenants in an in-
dorsement of a lease for a further term,
519

Declaration in Ejectment-affidavits of
service, 16-form of declaration in
ejectment on single demise, 374-how
entitled, ib., n. (t)-as to the 'demise,
ib., n. (v)-as to the parcels, 375, n. (v)
-parish or place, n. (x)-the term of
years, n. (y)-as to the notice, n. (a),
376 declaration on double demise
with notes, 377-declaration under the
stat. 1 G. IV., c. 87. 379-declaration
under the stat. 1 W.IV., c. 70. 380--de-
claration on a vacant possession, 382-as
to service of declaration, 384, 397, 408,
409-time of service, 397-as to affida-
vit of service, 399-explanation of ser-
vices, 400-acknowledgment of service,
402-as to notice under declaration in
ejectment, 376, 412

De Donis-statute as to entails, 3
Deeds-covenant for production of, 303
Defence to the action of ejectment, 362
Defeazance-on a warrant of attorney in
ejectment, 407, n. (w)

Defect-indemnity against defect of title,

243

Delivery-of possession of goods, 233,n.(h)
Demand-notice of demand under stat.
1 G. IV., c. 87. 368

Demise-as to demise in declaration of
ejectment, 362, 374, 375-demise and
confirmation of a lease, 517
Dependant Covenants-as to, 315
Deposit at sales by auction, 262, 282
Description-of premises in declaration
in ejectment, 375-of parcels in lease,
502 and notes- of premises in notice to
quit, 666

Destruction of Premises-stipulation in
agreement in case of accident to pre-
mises, 57-liability of tenant when
house is burnt down, 41
Determination-of tenancies, 363
Differences between landlord and tenant
to be settled by reference, 68, u. (g)-
clause for settling in a building agree-
ment, 97

Delapidation-notices, 674
Disability-disabilities of persons as to
entering into agreements, 29
Discharge of Covenant, 316

Disputes-in an agreement for letting a
farm disputes to be settled by arbitra-
tion, 68, n. (q)-in a building agree-
ment to be settled by reference, 97

Distress-bill of sale of goods from tenant
to landlord to save the expense of dis-
tress, 227-for rent, 317-power of dis-
training how originally given, 317—
statutes relating to distress, ib.-who
may distrain, ib.-time within which
the distress must be made, ib.-distress
at common law, ib., n. (d)-by prescrip-
tion, ib., n. (e)-of the statute 3 & 4 W.
IV., c. 27, s. 2-by executors, 32 H.
VIII., c. 37. 318-upon lands demised
for any term for arrearage, 3 & 4 W.
IV., c. 42, s. 37, ib.-arrearages, ib.-
sec. 38, time of distraining for, ib.
husbands in right of their wives, ib.-
for what a distress may be made, ib.-
recovery of different rents by 4 G. II.,
c. 28, s. 5, ib.-what property may be
distrained, 319-distress on sheaves or
cocks of corn, &c., 2 W. & M., ib.-
corn, grass, &c., 11 G.II., c. 19, s. 8, ib.
-chattels prohibited from being dis-
trained, 51 H. III., s. 4, ib.-chattels
in use, ib.-when to be made, 320-ar-
rears due on leases determined when
distress to be made, ib.-how goods are
to be disposed of, 2 W. & M., sess. 1, c.
5, s. 2-impounding, ib.-appraise-
ment of the goods distrained, 321-
sworn appraisers, 2 W. & M., ib.-frau-
dulent removal of goods, 11 G. II., c.
19-persons assisting, sec. 2, ib.—value
of the goods, sec. 3. 322-appeal, sec.
5, ib.-assisting, sec. 7, ib.-limited
costs when distress shall not exceed
£20., 323-schedule to the act as to al-
lowance, 324-application to a justice
by party aggrieved, sec. 2 ib.-brokers
to give copies, ib.-excessive distress,
remedy for, ib.-distraining when no
rent is due, 2 W. & M., ib.-irregu
larity of distress, 11 G. II., c. 19, s. 19,
ib.-tender of amends, 325-distress
not to be driven out of the hundred,
&c., 1 W. & M., ib-pound breach, ib.
-as to supply to beasts in pound, 5 & 6
W. IV., c. 59, s. 4, ib.-on distress for
rent in arrear, ib.-when to be made,
ib., n. (c)-when there are separate de-
mises, ib-should be for the whole
rent, ib.-tender of rent, 326-distress
may be taken for any kind of rent, ib.
-property liable to distress, ib.-goods
privileged from distress, ib.-animals
feræ naturæ, 326, n. (7)-furnaces, &c.,
327-goods in the custody of the law,
ib.-goods distrainable at common law,
ib.-goods found on premises, ib-
what forms part of the freehold is free
from distress, ib., n. (n)-sheriff's
execution, ib., n. (o) sheriff or
officer not to carry off straw, &c.,
contrary to covenant entered into
for landlord's benefit, ib., n. (q)-
cattle escaped, 328-damage feasant, ib.

-practical directions for making a dis-
tress, ib.-how distress made, ib.-by
landlord or other person authorised,
329-as to notice of distress, ib.-must
be made in the day time, ib.-removal
of the goods, ib.-appraisement and sale,
331-form of landlord's authority to
broker, 332-form of inventory of goods
distrained, 333-notice of taking the
distress, ib., and see n. (p)-forn of no-
tice of distress on growing crops, 334
-form of notice of distress for an an-
nuity or rent charge, 335-memorandum
of appraisement to be written on the
inventory, and signed by constable, ib.
-directions as to endorsing memoran-
dum of appraisement, ib., n. ()-ap-
praisement stamps, ib.-appraisement
by valuer, 336-administering oath, ib.
-tenant's consent for bailiff's con-
tinuing in possession beyond the li-
mited time, 337-replevying the distress,
ib.-provisions as to replevying 52 H.
III., c. 21, & 11 G. II., c. 19. 337-
sheriff to restore goods replevied, 338-
proceedings of distrainor, ib.-observa-
tions and cases, 340-who may distrain,
341-assignors cannot distrain, ib.-
yearly tenant letting the premises ver-
bally may, ib.-distress by jointtenants,
tenants in common, &c., ib.-by agents
and receivers, 341-mortgagees and
others under agreements for leases, &c.,
ib.-the necessity of a demise to dis-
train, 341-distress upon tenant holding
over, 342-goods liable to distress, ib.
-growing crops, ib.-standing crops,
343-when crops are taken in execution,
ib. goods with a tradesman in the
way of his trade, ib.-machinery in
use, ib.-materials to be manufactured,
344-chattels privileged or not, ib —
when to be made, 345-how to be made,
ib.-how disposed of, ib.-appraise-
ment, 346-suspension of right to dis
train, ib.-fraudulent removal, 347-
wrongful distress, 349-as to pound-
keeper, 350-double value, ib.-double
rent, 351-taxes, 352

Distribution-assignment by parties en-
titled under the statute of distribution
to testator's effects, consisting of lease-
hold property and chattels, to trustees
for their benefit, 159

Double Rent-cases as to, 149, 150-no-
tice to quit, 149

Double Value-cases as to, 149-notices
to quit or pay double, 672
Dower-as to an estate in dower, 7-the
objects of the new dower act, ib.
Dower Act-sections of, 7, n. (e) 8, n.
(g), (h), (i), (j)

Draining--stipulation as to, in agreement
for lease, 75, (a)

Duress-as to bill of sale by prisoners, 226

Dwelling House-as to division of, inte
several apartments, 3-lease of part
of a dwelling house, 523
Effluxion of Time-determination of te-
nancy by, 363

Ejectment affidavit of service of eject-
ment to obtain judgment, 16-general
forms of affidavits, 16-28, and notes-ou
the action of ejectment, 361 - how
maintained, ib. the fictition of the
action, ib., n. (a) as to the stat. 3 & 4
W. IV., c. 27, ib.-as to right of entry,
361, n. (b)-as to the destruction of s
right of entry, ib., n. (c) — the system
of the action, 362-defence of the action,
ib.-the alteration of the names in the
declaration, ib.-determination of te-
nancy, 363-as to the act 4 G. II., c. 29,
s. 2, where no sufficient distress, 363–
payment of rent and costs, 365-as to
compensation, ib.-objects of the stat
ib.-as to the stat. 7 G. II., e. 20, in
respect to ejectments by mortgagees,
365-cases decided as to this stat., 360,
(1)-as to the stat. 11 G. II., c. 19, re-
specting tenants giving landlords notice
of ejectment being served, 366-cases as
to this stat., ib., n. (m)-as to the stat
1 G. IV., c. 87, 368-application of the
stat., ib., n. (0)-form of demand re-
quired by the stat., ib. n. (p)-as to the
stat. 11 G. IV., and 1 W. IV., c. 70--for
the more speedy recovery in ejectments
against tenants, 372-application of the
stat., ib., n (r)-forms of declaration
in ejectment, 374-on single demise,
374-on double demise, 377-under the
stat. 1 G. IV., c. 87. 379-under the
stat. 1 W. IV., c. 70. 380--on a varsit
possession, 382-as to service of decla
ration in ejectment, 384-on joint to
nants, ib. on one of several defendants,
ib.-on under joint tenants, 385–service
on wife at husband's dwelling house,
ib.-declaration left in shop where de-
fendant lived, 386-when nailed upon
premises, ib.-when Christian name is
not stated at the foot of declaration, 356
-service of declaration on any other
member of the family, 387-servant,
388-on a person appointed by the court
of chancery to manage estates, 390-on
the attorney or agent of tenant in pos-
session, ib.-service on wife when the
husband absconds, 391-on a person
left in possession, tenant absconding,
ib-absconding of tenant, service by
sticking up, &c., ib.-by sticking on
barn door, 392-by sticking declaration
on stable door, 395-service on servant
of deceased tenant remaining in pos
session, ib.-denial of tenant, ib.—on
turnkey of prison, ib.-time of service,
397-acknowledgment by tenant, 396--
affidavit of service, 399-explanation of

service, 400-acknowledgment of ser
vice, 402-how affidavit should be en-
titled, 403-before whom to be sworn,
ib.-cognovit in ejectment, 404, 405-
warrant of attorney in ejectment, 405-
defeazance, 407 observations and
cases, 408-landlord's right to take
possession, ib.-to take crops, ib.-
general remarks on service of declara-
tion, 408-proceedings notwithstanding
the recent acts, 410-power of justices
to put landlord into possession, 410-
summary powers, 411-proceedings at
common law notwithstanding the stat.
4 G. II., c. 28, s. 2, ib.-as to demand
under this act, ib., n. (j)-qualification
of practical proceedings, ib.-action for
damages, ib.-as to holding over, (1 G.
IV., c. 87,) 412-notice at the foot of de-
elaration under this act, ib.-as to pro-
visions of 1 W. IV., c. 70, s. 36. 413-
moving for judgment under this act,
ib.-recognizance, 414-appearance, ib.
-when undertaking given, ib. - te-
nancy expiring, and service in or after
Hilary or Trinity terms, ib.-alteration
made by stat. 1 G. IV., c. 87, s. 2, as to
tenant appearing, 415-as to recovering
mesue profits under this act, ib., n. (i)
-securities under the act, 416-execu-
tion, ibas to the stat. 1 W. IV., c. 7,
s. 1, enabling judges to certify for im-
mediate execution, 416-as to the stat.
1 & 2 Vic., e 72, for facilitating the re
covery of possession of tenements after
due determination of the tenancy, 418
-the schedule to which the act refers,
422-notice of owner's intention to ap-.
ply to justices to recover possession, ib.
-form of complaint before two justices,
423-warrant to peace officers to take
and give possession, 424-evidence be-
tween landlord and tenant at trial, ib.-
privity, 426-relation of landlord and
tenant, ib-parol demise, 427-deter-
mination of tenancy upon contingency,
ib.-expiration of tenancy by notice to
quit, ib.-tenancy commonly admitted
ib.-service of notice, ib.-notice by
agent, 428-tenant being in possession,
ib.-acknowledgment by tenant of com-
mencement of tenancy, ib.-when no
objection made to notice to quit, 429—
receipts for rent, ib.-as to general no-
tice to quit and no objection, ib., n. (f)
ejectment upon clause of re-entry, 430
-upon lessee assigning, 431-when
claimant is an assignee of the reversion,
ib.-evidence on the part of the defend-
ant, ib.-miscellaneous observations on
the action of ejectment generally, 432
-title, 433-demise, entry, and ouster,
436-action for mesne profits, 437
Ejector-as to obtaining judgment against
the casual ejector, 16, n. (p)

Elegit-tenant by, 10
Emblements-signification of,5, n. (z)—to
an estate pur autre vie, 6-to an estate
for years, 10
Enlargement-of time in a submission to
arbitration, 27, n.

Enrolment of bargains and sales under
the act 3&4 W. IV., c. 74. 4,5, and notes
Entail-as to entailed estates, 2-how
conveyed, 4

Entrance-covenant to enable the lessor
to enter, 492

Entries-mode of admission according to
the general rule as to evidence, 432
Entry-on land so as to perfect term, 9, n.
(v)-entry by tenant as to time, when
and how provet, 428-time allowed to
make entry under stat. 3 & 4 W. IV.,
c. 27. 432

Equality-sum payable for, in an ex-
change, 113

Equity-courts of equity in respect to
agreements, 31-interposition of, 32
Equivalent-on partition, 112-arbitra-
tion clause in agreement for partitions
as to equivalent, ib.

Error-as to, in conditions of sale, 276
Escuage ancient tenure, 1, n. (c)
Estates of an estate in fee simple, 1-the
signification of the word, 2, n. (g) -
estate tail, 2-estate for life, 5-estate
pur autre vir, 6-estate in dower, 7-
estate by the curtesy of England, 8-
estate for years, 9-incidents to estates
for years, ib-by elegit, 10-estate at
will, ib.-an estate at sufferance, ib.-
estate by copy of court roll, 11-estates
by joint tenancy and tenants in com-
mon, 13, 14-of particular estates, 14
Estoppel -as to estoppel by a person
making a deed, 218-when obligor of a
bond is estopped, 260-as to reversioner
after a lease, 636
Estovers-estovers, the meaning of, 5, &
notes (w), (x), (y)-tenants entitled to,9
Eventuai Rents in respect to, for
ploughing, &c., 58, n. (m)-reservations
in lease, 504
Evidence-between landlord and tenant,
424, 432, n. (o)

-

Exceptions in Agreements-power to
enter to view, 68-to dig turves, ib.-to
plant, ib.—of mines, 70-timber, ib.-
game, ib.
Exceptions in Leases, 440-in the lease
of a farm, 503, 547-general form of ex-
ceptions of timber, to plant, of game,
and to plant, 441, 442-another form,
443-exception of timber and game,
(short form,) 445-of timber and a car-
riage and drift way, 446-another ex-
ception of timber, 446-another form
of exception of woods, trees, and cop-
pices, 447-exception of mines ib,-
exceptions in a mining lease, 448-of