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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