-on habendums, 477-on leases, 626—
on licenses to assign, &c., 659-on red-
dendums, 700

Occupation-conditions of sale as to an
occupation lease, 264, n. (a)
Occupancy as to the estate pur autre
vie, 6, n. (c)—as to the act 1 Vict., c.
23. 7

Orchard. (See fruit Trees.)
Ouster-as to, in ejectment, 362
Painting -covenant between landlord
and tenant as to painting house, 490
Parol Agreement-the meaning of, 30, 50,
n. (c)

Parol Demise-proof of agreement, 427
Parol Evidence-no parol evidence ad-
missible to explain agreement for lease,
41-as to a parol demise for more than
three years, 629, 631-as to repairs by
lessee, 631

Parceners-tenancy in, 12-at common
law, ib.-by custom, ib.

Partition-on division by joint tenants,
&c., 13-agreement for, 111
Partition Walls-the building act as to,
108, n. (s)

Particular Estates-the nature of, 14
Pasture- stipulation to lay down fields
for, 71, n. (u)

Pasturage-for cows, 123

Penalty-in agreements, 72-as to the
insertion of the penal clause in agree-
ments, 98, n. (0)

Perpetuity-formerly of estates tail, 3
Personal Covenant-the nature of, 307
Personal Representations-when bound,
31

Petit Serjeantry-ancient tenure by, 1. n.
(d)

Pew-grant of, 459- observations on,

465

Pillenage ancient tenure by, 1, n.
Planting exception in a lease of, land for
planting, 442, 504

Plea-as to production and admission of
evidence, pursuant to the general rule
of the courts after plea pleaded, 432
Ploughbote 5, n. (x)

Ploughing Lands-stipulation in agree-
ment in respect to, 68, n.-for land-
lord to enter and plough preceeding the
determination of the term, 550
Possession-when tenant is let into pos-
session under an agreement for a lease,
49- landlord's right to take, 408
Pound-as to distress, 350
Power-exercise of, by man and wife of a
joint power in lease, 526-by a wife in
pursuance of a réservation in her set-
tlement, 540

Premises- when divided, 33
Prescription-distress by, 317, n. (e)—
prescription as to ways, 463-as to
pews, 465

Proceedings-in ejectment, 363

Production of Lease-covenant, 171, n.
(f)-303
Provisoes-for re-entry, 484, 505, 524,

527, 538, 682-for sooner determination
generally, 501, 523, 552, n. (u)—for de-
termining a lease on the representatives
of lessee, giving three calendar months'
notice to lessor, 534, 580-in a mining
lease, that no part of large coal shall be
converted into coke, 614-to convert
into coke such coals as are customary
ib.-for suspension of royalties during
stoppage by fire, 615-power of dis-
tress in a mining lease, 616-power for
lessee to abandon mines on notice, 619
-provisoes generally, 682-cases as to,
ib., n. (e)—for determining leases, and
against assigning, 682-688

Public House -covenant in an assign-
ment of lease to indemnify assignee
from eviction on account of breaches
of covenant in lease, 296-lease of a
public house, 534- covenant not to
convert public house into a private
house, 538, n. (f)

Pur autre vie-estate by, 6- as to leases,
481

Qualified Covenants-as to, 309

Quiet Enjoyment-covenant for, in lease,

500

Quitting-stipulation as to tenant quit-
ting farm, 59, 68, n. (g), 75
Rates-covenant as to payment of rates
and taxes in a lease, 488

Real Action-on the nature of, 362
Real Covenant, 306

Re-building-covenant as to the applica-
tion of insurance money, 492
Receipt as to, in respect to time of te-
nants holding, 429

Receiver-distress by. 341-as to eject-
ment when a receiver is in possession,
435, n (g)-notice by a receiver to the
sheriff as to rent due for premises, 681
Recital of a lease, 140, 163, 169, 172,
238-of a sale by auction of a lease, ib.
-of an assignment of lease, 141-of
the terms of conditions of sale, ib.-of
an intended indemnity in regard to
rent on apportionment, ib.-that by
divers mesne assignments, 163-of
agreement for contract for sale of
leaseholds, 164-of a lease for lives,
172-of disputes depending, 175-of a
trust deed of leasehold property, 180-
of power to appoint new trustees, 182-
of a policy of insurance, 191-of con-
tract for the sale of timber, 218-of
being in possession as tenant, 221-of
a verbal agreement for a lease, ib.-
of tenant being indebted to landlord,
227, 230- of rent being due, 229 — of
distress being made, ib.-of appraise-
ment and valuation, ib.-of goods re-
maining unreplevied, ib. of agree-

ment for sale of goods, 230-of an in-
denture of assignment, 240-of an in-
tended ejectment, 245-of an outstand.
ing term, ib.-how far recitals in the
condition of an indemnity bond re-
strain the responsibility, &c., 246—re-
cital in lease by mortgagor and mort-
gagee, 570-recital of the surrender of
lease to obtain renewal, 587-recital of
the perpetual renewal of lease, 689-of
renewal at the accustomed times, ib.-
of lessor becoming party to assignment,
ib.-of renewable lease for lives, ib.-
the use of recitals, ib., n. (h)-recital
of assignment with consent of lessor,
690-of assignment of lease, ib.-of
mesne assignments, ib.-of license to
assign, 691-of a lease for a term of
years, ib.-of a contract for lease when
mortgagee joins, ib. of a license to
demise copyhold, 692

Recognizance-as to recognizance under
the stat. 1 W. IV., c. 70. 414, 415, n. (i)
-of bail in ejectment, 693

Recovery of possession of tenements,
under the act 1 & 2 Vict., c. 72. 418
Recoveries-how introduced, b.-powers
of disposition under the act for abolish-
ing recoveries, 4-in what cases a re-
covery was usually resorted to, 4 n. (0)
-time after which no recovery could
be suffered according to the act, 4 n. (p)
Reference. (See Arbitration.)
Reddendums-in the lease of a house,
487-general form of, in a farming lease,
504-in a lease by tenant for life under
a power, 540,566-in a lease of land,
part freehold and part copyhold, 553-
three reddendums in a lease of rent as
to different parts, 559-in a lease from
tenant in tail, 561-in a lease from te-
nant for life and remainder man, 562-
in the lease of a royalty, 565, 567-in
a lease from tenants in common,569 -in
a lease from mortgagor and mortgagee,
570-in a lease by mortgagee under a
power, 575-reddendums in the lease of
a house and stable, determinable at the
option of the parties, at different pe-
riods, in respect to parts of the premises,
579-in an underlease, 582-in a re-
newed lease for lives, 588-in a lease
of different premises, 593-in building
leases, 594, 597, 600-in leases of mines,
603, 611-613-reddendums generally,
694-forms of, ib.-observations, 700
Re-entry-stipulation for in an agreement
for lease, 52--ejectment for breach of
proviso, 430-mode of proceeding, ib.
-as to a proviso for a re-entry, 686-
(And see Provisoes.)

Release-as to mutual releases in awards,
217-release to trustees assigning, 186
-release by a landlord to a tenant of
rent reserved by a lease, 703-release

by a landlord of a right of entry. 704—
release between a landlord and tenant
as to an agreement for lease, 700-re-
lease of the inheritance from laudlord
to tenant, 709

Re-letting-by landlord, 128
Remainder-the meaning of, 14
Remainders-the nature of, 14-vested,
ib.how distinguished, b.-contin
gent, 15-distinction between a vested
and a contingent remainder, ib.-ex-
amples, ib., n. (m), (n)
Removal-fraudulent removal of goods,

321

Renewal-stipulation for renewal of lives
in case of death of celles que vies, 121
Renewed Lease for Lives, 586
Repairs as to the perforinance of, 70, n.
(s), 71, n. (t)-forfeiture by latches or
breaches of tenant, 587, 639-promise
by letters for renewal to an assignee not
good, 639, n. (c)-construction of core-
nant for perpetual renewal, 640
Rent-payment of, under an agreement
for lease, constitutes a tenancy from
year to year, 69, n. (r)—what a net
rent is, 147-when rent goes to the
beir, ib.-when to the executor, ib -
how released, ib.-as to parol evidence
showing time of payment of, 148-on
death of tenant for life, ib.-as to action
when not sufficient distress, ib.-as to
actions for rent, ib.-double rent, 149-
when not liable, ib.-where the statute
11 G. II. applies, ib.-where the sta
tute 4 G. II., c. 28, does not apply,
ib.-as to recovery in debt, ib., 150—
bond by tenant and his surety for se
curing rent, 238-covenant to pay rent
and taxes, 481-scale of rents for arable
land, 700-notice to pay, 676
Rent (fee farm)-grant of a fee farm
rent, 457

Rent Charge-what, 147-grant of, by
tenant for life and remainder man,
148

Repairs as to the clause in agreements
for leases in regard to repairs, 41-by
yearly rent, 71-repairs by yearly te
nant, 129-covenant as to repairs, 490
-as to covenants in leases for repairs,
640-notices as to, 674, 675
Replevin Bond-form of, 237-assign-
ment of, 238, n. (1)
Replevy-as to replevying distress, 337-
proceedings, 338-observations and
cases in replevin, 353-removal of the
action, 354-as to replevin boud, ib.—
parties in proceedings against sheriff,
ib.-as to inquiry into sufficiency of
sureties, 355-as to assignment of bond,
356-forfeiture of bond, 357-proceed-
ings by assignee, 358-liability of sure-
ties, 359
Representatives

--

- personal representa-

Reservations-in an agreement for a
lease of timber, &c., 58, n. ()-in the
conditions for a lease of mines, 79-
timber and game, 70-bond for securing
reserved rent, 240
Restitution-of goods in replevin by
sheriff, 338

Reversion-the nature of, 15-the dif-
ference between a remainder and a re-
version, ib.

Reversioner-in respect to underleases,
480, 481

Right of Entry-party bringing ejectment
must have, 361

Right of Way-grant of, 456-on ways,
441

Road-grant of, 454

Room-agreement for letting, 37
Royalty-lease of, 565

Rule-as to showing cause why judg
ment, &c., 21

Schedule-to an agreement for letting a
farm, 76-to an attornment of tenants,
204. (See Leases.)

Seal-agreement under, 30, n. (w)
Servants-stipulation in an agreement
for lease for off going tenant to have
room for lodging, 60

Service of Notice to Quit-mode of, 667
Shop-lease of, 523

Signature-to agreements, 31, 119
Specific Performance-as to, 32
Stable-lease of, 579

Steward agreement between landlord
and steward, 87-as to notice to quit,

428

Stipulations-in agreements, 29-usual
stipulations in agreements, 30-in a
lease of a house, 49-for an agricultural
lease, 50, n. (b)

Statutes 13 Ed. I., c. 1. 3-51
Hen. III., stat. 4. 319-4 Hen. VII.,
c. 24. 4-7 Hen. VIII., c. 4. 4-27
Hen. VIII., c. 16. 5-31 Hen. VIII.,
c. 1. 13-32 Hen. VIII. c. 16. 638-
32 Hen. VIII., c. 28. 534, 637, 638
32 Hen. VIII., c. 32. 13-32

Hen. VIII., c. 37. 318-34 & 35
Hen. VIII., c. 20. 4-1 & 2 P. & M.,
c. 12. 325, 331–13 Eliz. 0. 5, 220–
13 Eliz., c.10. 637–17 Ch. II., c. 7. 326
29 Ch. II., c. 3. 29, 41, 151, 482, 713-2
W. & M., sess. 1, c. 5. 319-321, 324,
325, 329, 330-8 & 9 W. III., c. 11. 263
-9 & 10 W. III., c. 15. 205-9 & 10
W. III., c. 31. 13-3 & 4 Anne, c. 18. 13
4 Anne, c. 16. 200-7 Anne, c. 18. 13-
8 Anne, c. 14. 320, 329-4 Geo. II., c.
28. 19, 136, 149, 318, 363, 411, 639, 665,
673-7 Geo, II., c. 20. 365-11 Geo. II.,
e. 19. 136, 149, 196, 200, 238, 319, 320,
321,324, 329, 330, 332, 366, 408, 440, 677
-14 Geo. II., c. 17. 6-24 Geo. II., c.

13. 196-5 Geo. III., c. 17. 636-14
Geo. III., c. 78. 106, 108, 314-19
Geo. III., c. 56. 269, 281-28 Geo.III.,
c. 37. 281-44 Geo. III., c. 98. 150
-49 Geo. III., c. 121. 153-55
Geo. III., c. 184, 151, 217, 332-56
Geo. III., c. 50. 310-57 Geo. III., c.
52. 408, 677-57 Geo. III., c. 93, 323—
57 Geo. III., c. 19. 638-59 Geo. III.,
c. 12. 411-1 Geo. IV., c. 7. 21, 23,
368, 379, 412, 415, 437, 693-6 Geo. IV.,
c.16. 153, 190-7 & 8 Geo. IV., c. 17. 323
-7&8 Geo. IV., c. 29. 37-1 W. IV., c.
65. 637-1 W. IV., c. 7024, 371, 380,
381, 412, 416-2 & 3 W. IV 71.463
-3 & 4 W. IV., c. 27. 13, 317, 362, 432
-3 & 4 W. IV., c, 42. 208, 263, 318,
329-3 & 4 W. IV., c. 74. 4, 172-
4 W. IV., c. 22. 137-5 & 6 W. IV., c.
59. 325-1 Vict., c. 2. 3-1 Vict., c. 26.
2, 11-1 & 2 Vict., c. 72. 418
Submission to Arbitration-affidavit of
due execution of, 26
Sufferance-tenant by, 10
Surety-liabilities of sureties in a bond,
260-when obligor becomes bankrupt,
231-liability of surety under a compo-
sition deed, 261-when time given by
principal, ib.-co-sureties in a bond,
262-contribution of sureties, ib.-the
effect of a release to the principal
debtor, ib.-surety in lease, 492
Surrender of copyhold property, 11, 12
-as to expense of a purchase, 117, n.
(a)-surrender by a lessee of his term,
712-surrender of a lease for lives (ove
of the lives being dead) in order to ob
tain a renewal, 713

Tables of the value of leaseholds and
reversions, 647-649

Taxes-covenant by lessor to pay and to
indemnify lessee, 525 and note. (See
Forms of Leases.)

Tenancy-as to determination of tenancy,
426-notice to quit where the com
mencement of a tenancy is uncertain,
676, 672

Tenant-definition of a tenant, 1-how a
tenant holds, 1, n. (b)

Tenant by Copy of court Roll-how this
estate depends, 11-the main princi-
ples, ib.-as to the surrender, ib.-the
statute as to the new rules of inherit
ance extends to this tenure, ib., n. (z)—
power given to devise the same by the
statute for amending the law of wills,
ib., n. (z)-fees to the lord of the
manor, 12-estovers, ib., n. (e)
Tenant by Curtesy-the nature of the
estate, 8-how the wife must be seized,
ib. on what estates it will arise, ib., n.
(p)-as to seisin necessary to create,
ib., n. (r)-his liability, 9

Tenant in Dower-the nature of the
estate, 7-how it is understood if the

marriage took place before the opera-
tion of the new dower act or after, ib.
-the objects of the statute, 7, n. (d)—
sections abstracted, 8
Tenant by Elegit-how created, 10
Tenant for Life-the nature of,5-the in-
cidents annexed, ib.-and to what he
is entitled as estovers, ib.-tenancy for
life further explained, ib., n. (t)-
powers of a tenant for life, ib., n (u)
when without impeachment of waste,
5, n. (y)-as to the determination of the
estate, 6-entitled to emblements, 6, n.
(z)-lease from, 544

Tenant pur autre vie-the nature of the

estate, 6-the quality of the estate, ib.
-to whom it may be surrendered, ib.-
denomination when on one life or
more, 6, n. (a) of the surrender of
this estate, and to whom, ib., 11. (b)—as
to general occupancy originally of this
estate, and as altered by statutes, 6, n.
(e) entitled to emblements, 7-as to
forfeiture and waste, ib.

Tenant at Sufferance-how it originates,

10-when a constructive tenancy from
year to year by payment of rent, ib.
Tenant in Tail-in fee tail, 2-tail ge-
neral, ib.-tail special, ib.-tail male
general, 2, n. (j)-tail female general,
2, n. (k)-the property originally of a
tenant in tail in the estate, prior to the
statute de donis, 3-the perpetuity estab-
lished afterwards, ib.-tenant in tail
after possibility of issue extinct, ib., n.
(the operation of the statute de
donis, ib.-why the statute could not
be repealed, ib., n. (n)—the form of re-
covery introduced, 4-as to the statute
of 3 & 4 W. IV. for abolishing fines and
recoveries, ib.-the deeds of assurance
and powers of disposition under the
act provided for conveying an estate
tail, ib.-persons to whom such power
of disposition is not to extend, 4, u. (q)
Tenant at Will-how it originates, 10-

how understood when rent is paid, ib.
-emblements as to this estate, ib.
Tenant for Years-the nature of the
estate, 9-incidents to the tenancy for
years, 10

Tenants by Parcenary-at common law,
12-by the custom of Kent, 12
Tenants in Common-the nature of, 13,
14-the operation of a lease by, ib.-
form of lease from, 568
Tenants in Gavelkind-the nature of, 12
Tenancy (joint)-where it arises, 13
Tenants (generally)-tenant's liability

for rent where house is burnt down, 41
-as to payment of taxes belonging to
landlord, 148, 149. (See "Leases
and" Notices.")

Tenures of general ancient tenures, 1,

n.

Term-the nature of, 9, n. (f), (u)—as to
commencement and duration of term
in lease, 631

Testatum Clauses in Leases-com-
mon forms in leases, 715-by virtue
of an act of parliament, ib.-by virtue
of several acts, 716-in a lease for lives,
ib.another form on adding a fresh
life in an underlease, ib.-in a deriva-
Live lease, 717-in a lease under a
power, ib.-by tenant for life under a
power in a settlement, ib-in a repair-
ing lease, ib.-in a building lease, 718
-in a lease from husband and wife
under a general power of appointment,
ib.-in a lease by a married woman in
pursuance of a power reserved to her
in her marriage settlement, ib. —
in a mining lease, 719-in a min-
ing lease, by virtue of a power
given in the mortgage deed, ib.—
in a lease from devisees in trust, ib.
-from husband and wife, of land of
which they are seized in her right, 720
-in a demise of freehold and copy-
hold, ib.-in a demise by mortgagor
and mortgagee, ib.

Testimonium of Agreement, 30, 31
Tillage covenants as to tillage and im-
provements, 645

Timber-exception of, in an agreement

for lease, 58, n. (e)-agreement for the
sale of timber, 88-bargain and sale of
timber trees, 218-as to the allowance
by lessor of timber for repairs, 550
Title as to the title under the action of
ejectment generally, 432

Trade-covenant by lessee not to exercise

certain trades, 494-license to exercise
a particular trade restricted by lease,
657-as to such license, 661
Trial-evidence on trial in ejectment be-
tween landlord and tenant, 424
Trees exception of trees in agreement,
61, 70-agreement for sale of timber
trees, 88

Trustees the effect legally of ejectment
by trustees against cestui que trust, 432
-assignment of leasehold property
from old trustees resigning, 180
Umpire-stipulation as to, in an agree
ment, in case arbitrators cannot agree,
68, n. (q), 97

Underlease-contract for an underlease
for building, 100, 104-as to entering
into an agreement for an underlease,
131-difference between an assignment
and an underlease, 152-habendums
in, 469-underlease with covenants of
indemnity, and as to renewal, 581-
when covenant not to underlet is broken
by an underlease, 660

Underlessee-bond to indemnify an un-
derlessee from ground rent, 242
Under-tenant agreement for letting to,

Valuation-as to valuation in agreements
for purchase, 119

Verbal Agreement-as to, 29, 30-stat. of
frauds, as to, 41

Verbal notice-to quit, as to, 665
Villenage ancient tenure by, 1 n.
Voluntary Agreements-as to, 30, n. (w)
Waiver of notice to quit by landlord,
668

Wardens as to lease by wardens of an
hospital, 638

Warrant-forin of, to peace officers to
take and give possession under the stat.
1 & 2 Vict., c. 72. 424

Warrant of Attorney-in ejectment, 405
Water Course-a right of passage for

water is an incorporeal right, 454, n.
d) liberty of water course for land-
lord, 494
Way-grant of a right of way, 444-when
in consideration of the extinguishment
of another road, 45-kinds of ways, ib.
-private ways, how claimed, ib.-
when by grant, ib. as to carriage
ways, ib., n. (h)-ways appurtenant,
462-presumptive grants, 463-ways by
prescription, ib.-ways of necessity, 444
Westminster-statute of, 3

Widow-as to dower, 7-lease from widow
under a power, 546

Wife-service of declaration on, 385
Will-tenant at will, 10

Window Lights-lessee not to obstruct in
adjoining houses, 94

Words construction of, in agreements
for letting, 43-operative words in
leases, 715

Writ of Possession-attornment to save
writ of, 201

Wrongful Distress-as to, 349

Yearly Tenancy-constituted by payment
of rent under an agreement from year
to year, 69, (r)

Yearly Tenant-underletting the premises
may distrain, 340
Years-tenant for, 9