a parcel of land and timber, 449—of a right of way, ib.-another form, 450- exception in case of fire, 529 Expiration of Notice to Quit-as to the time, 666
Expiration of Tenancy-426, 427 Executors-need not be named in agree- ments, 31-as to being named in bonds, 236-as to distress by, 318
Executory Agreements-as to preparing executory agreements for leases, 49 Exhibit-to affidavit, 23, n. (q) Exoneration-of under tenant from taxes by lessee, 77
Expenses-stipulation how borne in an agreement for a lease, 53
Express Covenant-the meaning of, 306 Extracts-provision in conditions of sale, as to extracts from deeds, &c., 275 Faculty when required as to pews in churches, 465
Family-service of declaration on any member of the family, 19, 387
Farm-plan of an agreement for the lease of a farm, with a summary of the cove- nants necessary, 50-agreement for the lease of, 57-for letting, 61, 69 Farmer-apprenticeship to, 300 Fee-how applied, 1-how divided, whe- ther absolute or conditional, ib. — meaning of the word, 1, n. (d) Fee Farm-grant of fee farm rent, 457- covenant of indemnity against, 295- observations as to grants of fee farm rents, 465
Fee Simple-of a tenant in, 1-further explanation, 1, n (d)-what the estate confers on the owner, 1, n. — what words necessary to create a fee simple in deeds, 2-in wills, ib.-what estate the owner of a fee simple may create, ib.-words necessary to create a fee sim- ple in wills, before the passing of the act for the amending of wills, ib., n. (k) Feme Covert-service of declaration in ejectment upon, 18-notice to husband previous to bringing action for double reut, 150
Feuds-how lands are holden since the introduction of feuds, 1, n, (c) Fences-as to preparing, in an agreement for lease, 70
Feræ Naturæ - whether beasts feræ naturæ are liable to distress, 326, (1) Fiat-assignment of leasehold property under a fiat in bankruptcy, 187-bar- gain and sale of copyhold, 222 Fiction-of the action of ejectment, 361 Fieri Facias-when execution upon by sheriff, landlord entitled to one year's rent, 319, n. (ƒ).
Fines-on admission of copyhold, 12, n (b)
Fireliability of tenant when house burnt, 41, n. (a)-destruction of pre-
mises by fire to (or not to) vacate agree- meut, 57, ib., n. (k) Fishery-lease of, 567
Fixtures-stipulation by tenant not to re- move, 53, n. (e)
Forfeiture-proceedings by landlord against tenant for forfeiture of lease, 411-as to re-entry by landlord on breach of proviso, 430-ejectment as to, 430
Forged Instrument-power of court of chancery, 190, n.
Fraud-legal meaning of, in respect to assignment of goods, 226
Frauds the statute of frauds, where ap- plicable in respect to letting lodgings, 34-as to agreements for leases, 41- statute of, as to assignments, 151 Free Bench. (See Dower.) Freehold-estates called freehold,5-free- hold interests, 9
Fruit Trees-tenant to preserve, 71—ex- ception in lease as to, 503, n. (d) Furnished Lodgings-agreements for letting, 37-with inventory, 38, 39 Furniture-contract for the lease of a house, with the use of the furniture, 52
Further Assurance-covenant in an as- signment of lease, 156
Further Term-endorsement in original lease for, 518
Game-tenant to preserve, 59-exception of, in an agreement, 70-lease of a royalty, 565
Gamekeeper-stipulation by tenant to permit landlord's gamekeeper to enter, 70-appointment of in a lease of a roy- alty, 567
Gavelkind-tenure in, 12
General Words in an assignment of lease, 155, 158-in a conveyance frem landlord to lessee, 710
Goods-bill of sale of, for rent, 226-as to leases of, 126, n.
Grant of a road or way, 454-of a right of way in consideration of the ex- tinguishment of another road or way, 455-on the sale of a fee farm rent, 457 of a pew in a church, 459-observa- tions and cases, 461-as to ways, ib.- private ways, how claimed, ib. - by grant, ib.-presumptive grants of ways, 463-by prescription, ib.—ways of ne- cessity, 464-as to grants of fee farm rents, 465-as to grants of pews, 465, 466 Ground Rents-stipulation in agreement for lease as to indemnity against, 54— as to the effect of payment by the co- cupier, 149-bor.d to indemnify an up- der lessee from ground rents, 242 Growing Crops-distress for, 319, 342 Gunpowder covenant to prevent les- see from storing gunpowder, 524 Habendums-in an assignment of a lease
155-habendums in leases, 467, 504- cominon form, 468-in lease of a water corn mill, ib.-in a lease of mines, 469 -in an underlease, ib.-in an assign- ment of an underlease, ib.-in demise for securing an annuity, 470-in an as- signment of lease and stock in trade, ib.-in an assignment by a tenant of several houses at an entire rent of one house, 471-in an assignment of lease- holds for the residue of two several terms, 472-in an assignment of lease- holds, with right of renewal, ib.-in a mortgage of leases and policy of assur- ance, 473-in a lease of a cottage, part of waste, from the lord of the manor and churchwardens of the parish, on the part of the freeholders, subject to restrictions from taking apprentices, &c., 474-in a demise of a remainder expectant on an estate for life, 475- special form of habendum so that a per- son may have a reversion in each of several leases, 475-observations and cases, 477-the office of the habendum, ib.-cases as to, ib. Habendums in the Forms of Leases-of a house, 487, 528, 534, 540,544, 547, 574- a farm, 504, 517-in a confirmation of a lease by indorsement, 517-in an en- dorsement for a further term, 518- short form, 520-in the lease of a shop and warehouse, part of a dwelling house, 523-in the lease of a water corn mill and premises, 526-two ha- bendums in a lease, part freehold and part copyhold, 552-lease with three habendums as to commencement of premises, 557-in a lease from tenant in tail, 561-in the lease of a royalty, 565, 567-tenants in common, 568- premises in mortgage, 570-house and stable, 579-in an underlease, 582-in a renewed lease for lives, 587 Habere facias Possessiouem-may issue on judge's certificate, 373 Hay-stipulation in agreement as to hay to be left on premises, with clause of arbitration as to disagreement, 68, n.(b) -for tenant to sell hay on spreading compost, 552
Hay Grass-quantity to be sown Hay Seeds-quantity to be sown to an acre, 71, n. (u)
Hedges as to preserving, 71-as to les- see plashing hedges, 551
Heirs as to the necessity of the word heirs in creating a fee simple, 2-when named in an agreement, 39, n. (s) 'Hereditament-the meaning of, 2, n. (g) Highway-on ways, 461 Holding over-by tenant, 412
Hop Yards-as to planting, &c., by te- nant, 510
House-agreements for lease of, 50, 52, 53 -of part of a house, 54-for the lease of a house with particular stipulations, 56 Housebote, 5, n. (w)
Hunting exception for liberty of, 441, 503, 504, n. (e)-lease of, 565 Husband and Wife-covenant by husband for himself and wife, 286-lease by, under a general power of appointment, 526-lease of a cottage and land from husband and wife for ninety-nine years, she being tenant for life, 544- lease of a wife's settled estate for life, in pursuance of a power reserved to her in her settlement, in which the husband joins as a consenting party, 540, 643 Husbandry covenants (express) in leases as to husbandry, 641-covenants implied, 643
Impeachment of Waste-power of a te- nant for life without, 5, n. (y) Implied Covenant-the nature of, 306 Impounding. (See Distress.)
Inclosure-as to cultivation of lands en- closed, 510, n. (m)
Incidents-to a tenancy for years, 9 Incoming Tenant-time of entering on a farm, 59
Indemnity-bonds of indemnity between landlord and tenant, 237, 263 - to indemnify lessee from taxes, 525, n. (g) Indenture-of apprenticeship to a farmer and grazier, 298-to a husbandman,
Indorsement-assignment of leasehold premises by, 154, 157-confirmation of lease by, 517-lease for a further term by indorsement on the original lease,
Infant-as to agreement by, 29, n. (r)— as to leases by guardians, 637, n. (u) Inherent Covenants-as to, 307 Inheritance-reference to the statute for amending the law of, 11, n. (z)
Implied Covenant-as to, 306, n. (1) Inn-covenant by tenant of an inn to buy ale, &c., of landlord, he being a brewer, 296,538 Insolvency-as to the insolvency of a lessee, 134
Inspection-of surveyor under an agree ment for building, 96, 108 Instrument-when it shall operate as an agreement or a lease, 43, 47
Insurance as to the stipulation in an agreement as to repairs in case of not insuring, 41-as to the expenditure of insurance money between landlord and teuant, 42-stipulation to insure in an agreement for lease, 56, n (i)-assign- ment of policy with lease, 163-assign- ment of a policy of insurance, 191—co- venant to insure in lease, 491-short form, ib., n. (k)
Inventory-to an agreement for lodgings,
38-form of inventory in taking dis- tress, 35
Joint Covenants-as to, 307-as to dis- tress by, 340
Joint Tenants-the nature of joint te nancy, 13-covenant by, 285-distress by, 340-notices as to quitting, 664, 671 Irregularity-as to distress, 323, 334, 332, n. (k)
Judgment-how to obtain judgment against a casual ejector in ejectment,
Justices-power to put landlord into pos- session, 410-summary powers, 411- power underthe act 1 Viet.,418,424,680- proceedings under the act 11 G.II.,677 Kent-as to the custom of, 12 Key-as to acceptance of key of house by landlord, 127
Knight Service ancient tenure by, 1, 11. (c)
Land-as to tenant breaking up pasture land, 71, n. (u)-annual value of arable land, 700-scale of the value of tillage land, according to the selling prices of wheat, ib.
Landlord-definition of a landlord, 1- landlord's right to take possession, when, 408-to take crops, ib.—jus dis- ponendi in, 682, n. (e)
Land Tax-as to reservation of rent free from taxes, extends to the land tax, 42,49
Lease-when an instrument shall be con- strued as a lease or not, 43, 47-stipula- tions in an agreement for the lease of a farm, 57-forms of agreement, 50— conditions for a building lease, 98- covenant for the production of a lease, 479-what constitutes a lease, ib.- usual words, ib.-powers of lessee to grant a lesser interest, ib.-the effect of å demise by a lessee, ib.—for what time a lease may be made, 480-what must concur to make a good lease, ib.-when a lease may be made to begin, ib- commencement of a lease for life, ib. -as to leases of freehold interests, 481 when void for uncertainty, ib.—leases in reversion, ib.-as to the wording of a lease for life, ib., n. (1-as to the cer tainty of the beginning of a lease, 482 -requisites of a lease, 483-concurrent leases, ib.-reservation in leases, ib.— additional rent, 484, ib., n. (r)—as to the proviso for re-entry, ib.-as to waiv- ing forfeiture, ib., n. (s)-as to usual covenants, ib., & 485-form of lease in proceedings on a vacant possession in ejectment, 485-a general precedent for leases of houses, 486-lease of a farm and lands, 502-miscellaneous forms of leases, 517-indorsement on a lease by way of confirmation thereof, 517-lease for a further term by indorsement, 518
-a short form of a lease of a house con- taining the common and usual cove nants, 520-lease of a shop and ware- house, 523-lease of a water corn mill, from husband and wife under a general power, 526-a concise form of lease with a covenant for granting a further term at the expiration of the lease, upon six months notice being given with remarks on the covenants, 528- lease of a public house from husband and wife, in which a surety joins with the lessee for payment of rent, &c., 534 -lease of a wife's settled estate for life, in pursuance of a power reserved to her in her marriage settlement, and in which the husband joins as a con- senting party, 540-lease of a cottage and land from husband and wife for ninety-nine years, determinable on the death of wife, (she being tenant for life,) 544-lease of a farm by a widow under a power, 546-lease of a farm, part free- hold and part topyhold, 5 12—lease of a royalty, 565-lease from a lor of a manor of a fishery, also of hunting and hawking, with an appointment as keeper of the game, 567-lease from te- nants in common, 568-lease of a house and premises in mortgage, made by mortgagor and mortgagee, 570-lease by a mortgagee having a power of leasing in the mortgage deed, 574- lease of a house and stable for twenty- one years, with a proviso for the deter- mination of the lease of the house at one period, and the stable at another, at the option of the parties, on notice being given for that purpose, 579- underlease with provisions as to indem nifying the lessee, and as to renewal, 581-renewed lease for lives, 586-lease of mines of ore, 601-lease of coal mines, 606-observations and cases, 627-requisites in making a lease, (27 -subject demised, ib.-when by deed and setting forth parties, ib.-com- mencement, ib.-the parts of a lease, 627, notes-ceremonies, 628-accept- ance by lessee, ib.-construction of, ib. -where words are omitted, ib —the word "term" in a lease, ib.-memo- randums in leases, ib.-terms of long duration, how construed, 629 — parol evidence, ib.-expired lease. id.-parol demise, 631-conmencement and du- ration, ib.—outgoing tenant's right as to way going crop, ib.-optional num- ber of years, 632-premises, 633-lease for lives, 634-void lease, 635-eon- firmation of lease, ib.-estoppel, 636, n. (r) on leases by particular persons, 637-by tenants for life, ib.-tenants in tail, ib.-feme covert, ih.- lunstics, ið. -joint tenants, tenants in common,
and co-parceners, ib.- mortgagees, ib. copyholders, ib.-executors, ib.-guar- dians, ib.-ecclesiastics, ib.-aliens, ib. -trustees of charities, 638-leases made under powers, ib.-assignees, ib.- leases under statute 13 Eliz., c. 10, and 32 H. VIII., c. 28, ib —by wardens and poor of an hospital, ib-the effect of a lease by a mortgagee and the executors of mortgagor, ib.-lease by agent, 639- latches of tenant, ib.-as to covenant for renewal, ib.-promise of renewal by letter, ib.-as to perpetual renewal, ib. -agent's respousibility, ib., n. (a)—as to renewal of chief leases without sur- rendering underleases, ib., n. (b)- latches as to renewal, ib.-performance of covenant for renewal, 640-as to co- venants to repair, ib.-breach of cove- nant, ib.-as to repairs of walls, 641- repairs to house, ibas to repairs in building lease, ib.-in repairing lease, ib.-as to commencement of action for breaches, ib.-covenants express as to husbandry, ib.-expending dung on premises, 642-consuming hay on pre- mises, ib-manure, ib.-as to in-com- ing tenant, 643-as to sowing land, ib. -covenants implied as to husbandry, ib.-tillage, ib.-manuring land, ib., n. (u)-special covenants not to be im- plied, 644-injunction restraining te- nant from doing damage, ib.-custom- ary usage, ib.-management of pre- mises, ib.-cultivation, ib.-as to hay and straw, ib., n. (w)-as to tillage and improvements, 645—as to agreement to manage upon the same terms as prior tenants, ib.-usage, ib.-spending ma- nure on premises, ib., n. (z)-custom of country. ib., n. (b)-as to right of out-goue tenant, 646-as to preserva. tion of boundaries, ib.-sufferance of tenant to exercise acts of ownership, ib.-as to tenant permitting waste, ib., n. (e)-bills in equity as to boundaries, ib., n. (as to commission to ascer- tain boundaries, ib, n. (f)-tables of the value of leaseholds and reversions, 647-619
Leasehold-agreement for purchase, 116 -for an assignment of leasehold for lives, 120-observations on the requisite stipulations in purchasing leaseholds for lives, 121-table of the value of estates or annuities to make certain rates per cent., 647
Lessee-liability of a lessee, 196-bank- ruptcy of lessee, 198
Lessor's Title-as to production of, 42, 60, n. (o), 116, n. (x), 120, 265, n. (b)— on the title generally, 432-the reason why the lessor's title should be pro- duced, 265, n (b)
Letter-as to agreements by, 119, 639
Letters of Attorney-clause in an assign- ment of a policy of insurance, 192— letter of attorney to enter on a vacant possession, 650-letter of attorney to demand and receive rents, 651-by an administratrix, ib, n. (u)-letter of at- torney to distrain, 654-to demaud rent, and in default to re-enter, 655 License-from mortgagee to mortgagor to grant building leases, 93-licenses to demise and assign, 656-from landlord to assign to a particular person, ib.—to a copyholder, ib.-when not restricted to a particular person, ib.-from a landlord to a tenant to exercise a trade restricted in a lease, 657, 661-observa- tions and cases, 659-explanation of license, ib.-reason for inserting the proviso of restraint, ib.-when the pro- viso ceases, ib.-as to an administra- trix, 660-effect of underlease, ib.- lodgings, ib-contract to assign, ib.- advertisement to let, ib.-deposit of lease, ib.-as to license by a lord of a manor, 661
Life of estates for life, 5-as to sur- render of estates for life, ib., n. (u) Lights-lessee not to obstruct window lights of adjoining houses, 94 Lime-as to manuring with, 73 Limitation-of time for bringing an eject- ment according to the act 3 & 4 W. IV, c. 27. 432, n. (p)
Limited Costs-as to distress under £20., 323-schedule to the act 57 G. III., c. 93. 323
Liquidated Damages-as to penalty in agreements, 98, n. (0)
Livery of Seizin-to termor, 14, n. (k) Lives-agreement for the assignment of a lease for lives, 120-remarks on prepar- ing, 121-assignment of a lease for lives, 171-mode of conveying, ib, n. (h)-lease for lives renewable, 586 Lodgings-as to agreements for, 33- what are lodgings, ib.-how let, ib.- when furnished, ib-terms to be un- derstood to avoid disputes, ib.-rent and notice to quit, ib.-periods of tak- ing, ib.-custom as to notice to quit, ib. -when premises are divided, ib., n. (i) -payment of rents,34-what inquiries should be made on taking lodgings, ib. -as to the agreement being injurious to public morality, ib.-illegal entry of landlord, ibas to abandonment by lodger, ib.-the statute of frauds as to lodgings, ib.-stealing from lodgings, 37, n. (r)-notice to quit lodgings, 671 London-as to partition walls of houses within the bills of mortality, 108, n. (s) Lord of a Manor-as to surrendering copyhold premises, 11-as to fees pay- able on admission of copyhold, 12, n. (b)-lease from a lord of a manor of a
fishery, also of hawking and hunting, with an appointment as keeper of the game, 565-lease of a royalty of hunt- ing, hawking, fishing, and fowling, ap- pertaining to a manor, 566 Lunatic-committee of, may make leases,
Machinery-agreement for letting ma chinery with mill, 65—when in use not distrainable, 343 Manor-fees payable to lord of manor, 12-license to demise by a lord, 656 Manure-stipulation to manure lands, 59, 72-as to expending on premises, 642, n. (q), 643
Marl-stipulation in an agreement for lease for tenant to dig, 60 Marriage-the effect of, as to dower and curtesy, 7, 8-as to the marriage, ib., n. (p) of a (woman) tenant in recover- ing of rent from the husband, 150 Memorandum-forms subjoined to con- ditions of sale, 280-directions as to, ib., n. (g)-cases decided respecting, 282
Mesne Profits-evidence under the sta- tute 1 G. IV., c. 87, for mesne profits, 415-proceedings by action for, in ejectment generally, 437 Michaelmas-construction of lease as to commencement, whether old Michael- mas or new Michaelmas, 631 Mills-agreement for letting, 65-ha- bendum in the lease of a water corn mill, 468
Mines-conditions for a lease of, with divers stipulations forming the sum- mary of a lease, 79-exception in a lease of mines, 443-habendum in a lease of mines, 469-lease of mines of ore, 601-lease of coal mines and clay pits, 606
Miscellaneous-forms of agreement be- tween landlord and tenant, 61-assign- ments, 169-of leases, 517 Money-consideration in a lease, 317 Mortgage-mode of assignment of policy when by way of mortgage, 192-lease of premises in mortgage, 570-lease from a mortgagee having a power of leasing in the mortgage deed, 574 Mortgagee-license from mortgagee to mortgagor to grant leases, 93-distress by, 341-lease from mortgagee and mortgagor, 570
Mortgagor-as to the estate of the mort- gagor after default in payment, 93 Mutual Releases-as to general mutual releases in awards, 217 Non-compliance-as to contract for
chase of leasehold premises, 279 Notice of owner's intention to apply to justices to recover possession under the act 1 & 2 Vict., c. 72. 422
Notice to Let-covenant to permit land-
lord to affix notice six months previous to expiration of term, 294
Notice to Appear-at the foot of declara- tions in ejectment, 376, 378, 380, 381, 383
Notice to Quit-when upon contingency, 149-as to double rent upon tenant holding over, ib.-form of notice by a landlord to a tenant to quit, 662-no- tice to quit when necessary, ib, n. -length of notice, 664-by whom to be given, ib.-when two or more interested in the premises, ib.-respecting joint tenants and tenants in common, 664, 665-on whom the service should be made, 665-as to the original tenant and under-tenant, ib.-as to the form of notice, ib.-when verbal, ib.—as to the description of premises, 666—as to the expiration of notice, ib.-usual pe riods of giving notice, 667-as to ser- vice of notice, ib.-waiver of notice by landlord, 668-effect in evidence, ib- another form of notice to quit to a te- nant, 669-form of notice by tenant of his intention of quitting, ib.-notice of tenant's intention of quitting pursuant to proviso in a lease, ib.-common form of notice of tenant's intention to quit, 670-notice to a tenant to quit where the commencement of the tenancy is uncertain, 670, 672—another form, ib.-- notice to quit to a tenant at will, 671- notice to joint tenants or tenants in common, ib.-notice by agent of land- lord, ib.-notice to give up possession to a third person, ib.—a general form of notice to quit, ib.—to quit lodgings.ib.— miscellaneous forms of notice to quit,679 -to quit, or pay double rent or value, ib. -to quit lodgings or pay double rent, ik. -notice to repair, 674, 675-notice to pay rent to prevent forfeiture, 676— notice by a mortgagee to a tenant to pay rent in satisfaction of interest, ib. -notice to be affixed on premises pur- suant to 11 G. II., c. 19, s. 16, with magistrate's proceedings, 677-form of demand of premises according to 1 G. IV., c. 87-notice by landlord to te- nant pursuant to statute 1 & 2 Viet, e. 72. 680-notice by landlord to a sheriff of rent being due, 681 Noxious Trade-stipulation against, in an agreement for a lease, 52-in lease, 494. (See Leases and Provisoes.) Obligations-236-258
Obligee-meaning of, 258 Obligor-meaning of, 258 Observations-on agreements, 127-on apportionment of rent, 147-on assign- ments, 194-on bonds, 258-on condi- tions of sale, 276-on covenants, 306– on distress for rent, 340-on ejectment, 408-on exceptions, 451-on grauts, 461
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