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'iltlFFIN, B.A 

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Luslfs Coiiimou Luw Practice. Third 

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The aim of this Volume is to present in a small 
compass a practical view of the existing Law of 
Landlord and Tenant. Matters of merely historical 
interest, and topics collateral to the special subject, 
have been systematically excluded. It has been 
deemed unnecessary to treat of the details of judicial 
procedure, or to insert a large number of prece- 
dents of leases, since the professional reader has 
already on his shelves works on these topics of the 
highest authority and value. A few simple forms 
of leases are, however, appended, and forms of 
notices, &c., will be found in the foot notes, under 
the respective subjects to which they relate. 

The plan of the Author has been, as far as 
possible, to state the law in the language of the 
authorities by whom it was established. Hence, 
principles laid down by judges are generally given 



in their own words, and the essential words of 
statutes are quoted. A concise summary of the 
effect of each enactment is attempted in the mar- 
ginal notes attached to it. 

The references to Bacon's Abridgment, not men- 
tioning any title of that work, are to the title 
" Leases," written by Lord Chief Baron Gilbert. 



Index op Cases cited ix 

Index of Statutes xxv 

Explanation op Abbreviations used xxx 

Eeeata et Addenda xxxir 



Sect. I. Property capable of being let . . . . . . . . . . 1 

II. Persons capable of making and taking leases . . . . 2 

(1) Kestrictions arising from disability . . . . . . 2 

(2) Restrictions arising from limited interest . . . . 26 

(3) Restrictions arising from confidential relations . . 43 

m. An actual letting 44 

IV. Of the exclusive possession of the premises . . . . . . 47 



Sect. I. Tenancy by sufferance . . 49 

n. Tenancy at will . . . . . . . . . . . . . . 50 

llL Tenancy from year to year . . 63 

IV. Tenancy for years 57 

V. Tenancy for life . . . . . . . . 59 


Sect. I. Agreements for leases . . 60 

(1) Statutory requisites .. .. .. .. ..61 

(2) In what cases parol agreements arc enforceable . . 62 

(3) Rights of intended lessee . . . . . . . . 64 

(4) Remedies for breach of agreement . . . . . . 65 

(5) Stamps 6« 



8bct. IL Leases GT 

(1) Statutory requisites .. .. .. .. ..67 

(2) In what cases extrinsic evidence is admissible . . 69 

(3) Form and construction of lease 71 

(4) Stamps 93 

(5) Counterparts and duplicates 102 

(6) Matters relating to completion of lease . . . . 102 



Sect. I. Rent 109 

(1) What may be reseryed as rent 109 

(2) Payments which are not rent 1 10 

(3) When rent is payable 112 

(4) Where payable 115 

(5) To whom payable •• .. .. .. ..115 

(6) Amount payable . . • ..117 

(7) Apportionment .. .. 126 

(8) Payment and remittance ■ . .. .. .. ..128 

(9) Effect of payment 129 

(10) Remedies for recovery of rent .. 130 

(a) Distress 131 

(b) On execution against tenant .. .. .. 181 

(c) On bankruptcy of tenant .. .. .. 186 

(d) Action 187 

IL Repairs 189 

(1) Where there is no express agreement .. .. ..189 

(2) Where there is an express agreement 191 

m. Waste 198 

(1) Voluntary 198 

(2) Permissive 199 

(3) Remedies for 200 

IV. Mode of nsing premises 200 

(1) Where there is no express agreement 200 

(2) Where there is an express agreement 202 

V. Cnltivation of land 207 

(1) Where there is no express agreement 207 

(2) Where there is an express agreement 209 

VI. Fences 214 

(1) Liability- to repair where there is no express agreement 214 

(2) Ownership of 215 

VII. Trees 217 

(1) Where there is no express agreement 217 

(2) Where there is an express agreement 218 

VUL Insorance 220 



Sect. IX. Taxes 223 

(1) Where there is no express agreement .. .. 223 

(2) Where there is an express agreement . . , . 225 
X. Quiet enjoyment 229 

(1) Where there is no express agreement .. .. 229 

(2) Where there is an express agreement . . , . 232 
XL Underleases . . . . . . . . . . . , . . 235 

(1) Right to underlet 235 

(2) What constitutes an underlease 236 

(3) Rights and liabilities of underlessee 237 

Xn. Assignments 239 

(1) Voluntary 239 

(a) Right to assign 240 

(b) Mode of making assignment . . .. .. 244 

(c) Rights and liabilities of assignee . . . . 245 

(d) Grant by landlord of his reversion . . . . 252 

(2) Involuntary 253 

(a) On death 253 

(b) On bankruptcy of lessee 256 

(c) On conviction of lessee for treason or felony 258 

Xni. Live stock 258 

XIV. Game 269 



Sect, I. Modes applicable to particular kinds of tenancy . . . . 262 

(1) Determination of tenancy at sufferance .. .. 262 

(2) Determination of tenancy at will 263 

(3) Determination of tenancy from year to year . . . . 265 

( a) When determinable 265 

(b) Notice to quit 265 

(c) Verbal disclaimer. . .. .. .. .. 274 

(4) Determination of tenancies for optional terms of years 275 

(5) Determination of tenancies for life 275 

II. Modes generally applicable 277 

(1) Merger 277 

(2) Surrender 278 

(3) Forfeiture 283 

(a) Where there is no express proviso for re-entry . 283 

(b) Where there is an express proviso .. . . 284 

(c) Waiver of forfeitm^ .. 286 

(d) Relief against forfeiture 288 





Sect. I. Fixtures 292 

(1) What articles are fixtnres .. .. .. .. 2D2 

(2) Ownership of iixtarcs where there is no express agree- 

ment 293 

(3) Ownership onder express agreements . . . . . . 297 

II. Emblements 298 

(1) In what cases they may be claimed . . . . . . 298 

(2) Provision as to tenants of landlords entitled for uncer- 

tain interests ; . .. . . . . . . . . 299 

III. Away-going crops .. .. .. .. .. .. 300 

IV. Compensation for tillages, &c. . . 300 

V. Delivery of possession . . . . 301 

(1) Tenant's obligation to give possession . . .. .. 301 

(2) Landlord's remedies for recovering possession . . . . 302 

(a) Indirect 302 

(b) Direct 305 



I. Short Statutory form 317 

II. Lease in the statutory form . . .. .. .. .. .. 324 

III. Lease of a house .. .. .. 325 

IV. Lease of a farm . . . . . . . . . . . . . . 328 

INDEX 333 


• *. Cooper, 112. 

Abbey v. Petch, 171. 
Absolom V. linight, 1X9. 
Adams v. Gamble, 9. 

V. Gibney, 229. 

V. Grane, 139. 

Alchome v. Gomme, 116, 133. 
Aldenburgh v. Peaple, 150. 
Alderman v. Neate, 46. 
Aldridge v. Howard, 212. 
Alford V. Vickery, 111, 272. 
Allen V. Flicker, 167. 
Amfield v. White, 226. 
Anderson v. Martindale, 87. 

V. Midland Ky. Co., 47, 

52, 145. 
Andrew v. Hancock, 119, 120, 121. 
Andrew's Case, 230. 
Andrews v. Dixon, 183. 

V. Russell, 168. 

Anon., 5. 

Appleton V. Campbell, 201. 

V. Doily, 135. 

Archbold T. Scnlly, 151. 
Arden v. Pullen, 190. 

V. Sullivan, 56. 

Amitt V. Garnett, 183. 
Amsby v. Woo<lward, 284, 286. 
Ashfield V. Ashfield, 5. 

Attack V. Bramwell, 155, 175, 179. 
Attersol v. Stevens, 199. 
Att.-Gen. v. Brentwood School, 2. 

V. Fullcrton, 217. 

V. Stephens, 217. 

V. Great Yarmouth, 22. 

Aubrey v. Fisher, 217. 
Augustien v. Challis, 184. 
Auriol V. Mills, 250. 

Auworth V. Johnson, 189. 
Avcline v. Whisson, 103. 
Avenell v. Croker, l.')7, 168. 
Avery v. Chcslyn, 294. 
Ayletn Dodd, 118. 
Aylett V. Ashton, 9. 
Aylward i\ Kearney, 44. 

BACH V. Meats, 148, 149. 
Bachelour v. Gage, 250. 
Baggallay v. Pettit, 87. 
Bagge V. Mawby, 158. 
Bagshawe v. Goward, 162. 
Baker v. Davis, 120. 

V. Gostling, 237. 

V. Greenhill, 226. 

V. Holtpzaffel, 124. 

V. Mery weather, 106. 

Ball V. Cullimore, 51, 264. 
Bamford v. Creasy, 291. 
Bandy v. Cartwright, 229. 
Bannister v. Hyde, 155, 163. 
Barber v. Brown, 117. 

V. Whiteley, 215. 

Bargent v. Thompson, 290. 
Barker v. Barker, 197. 
Barlow v. Rhodes, 76. 
Barnard v. Godscall, 250. . 
Bamfather v. Jordan, 249. 
Barrow v. Ashbumhara, 260. 
Barrs v. Lea, 110, 112. 
Barry v. Goodman, 97. 

t\ Stanton, 241. 

Barwick's Case, 82. 
Barwick v. Foster, 1 13. 

V. Thompson, 42. 

Basten v. Carew, 310. 
Bastow & Co., In re, 143. 
Baylis v. Dinely, 5. 

«. Le Gros, 194. 

Bayliss v. Fisher, 157. 
Batcman v. Allen, 11. 
Baumann v. James, 62. 
Baxter v. Browne, 46. 

V. Portsmouth, 9. 

Bayly, Ex parte, 186. 
Bay ley v. Bradley, 49. 
Baylye v. Oflford, 247. 
Bayne v. Walker, 190. 
Bajrnes v. Smith, 141. 
Bealc V. Sanders, 54. 
Bealey v. Stuart, 206. 
Bcarduioro c. Wilson, 237. 


Beaty r. Gibbons, 214. 
Ikamloloy r. Brook, GJ). 
Beaafort r. Bates, 1*J6. 
Beavan r. Delahay, loO. 

r. M'Donncll, 9. 

Beck r. Rebow, 294. 
Bclasyse v. Burbridge, 138. 
Belcier r. M'Intosh, 193. 
Belfonr v. Weston, 124. 
Bennett v. Bares, 154. 

V. Ireland, 53, 56, 126. 

V. Robins, 134. 

V. Womack, 84, 86. 

Benson v. Gibson, 118. 
Bemey r. Moore, 237. 
Berrey v. Lindley, 57, 268. 
Berriman r. Peacock, 217, 218. 
Bertie r. Beaumont, 48. 
Bethell v. Blencowe, 270. 
Bettisworth's Case, 76. 
Bicknell v. Hood, 45. 
Biggins V. Goode, 180, 181. 
Bignell v. Clarke, 162. 

Birch V. Dawson, 294. 

V. Stephenson, 118, 212. 

V. Wright, 235, 264. 

Bird r. Defonvielle, 231, 269. 

V. Elwes, 192. 

r. Higginson, 69. 

Birkbeck v. Paget, 260. 
Bishop of Bath's Case, 81. 

Salisbury's Case, 18. 

Bishop V. Bn'ant, 167. 

V. Elliott, 294, 298. 

V. Goodwin, 123. 

V. Howard, 64. 

Bisset V. Caldwell, 141. 
Blades v. Amndale, 141. 
Blake v. Foster, 135. 
Blatchford v. Cole, 304. 

V. Plymouth, 232. 

Bleakley v. Smith, 61. 
Bliss V. Collins, 128. 
Blount V. Pearman, 97. 
Blunden's Case, 1 1 .S. 
Blyth V. Dennett, 273, 274. 
Boordman r. Mostyn, 63. 
Boase v. Jackson, 97. 
Bolton V. Toralin, 53, 54. 
Bond V. Rosling, 68. 
Boodle r. Cambell, 122, 126. 
Boone v. Eyre, 87. 

r. Mitchell, 96. 

Booth r. Macfarlane, 306. 
Boraston r. Green, 150. 
Boronghes' Case, 115. 
Bonlton r. Reynolds, 166. 
Bowen ». Owen, 167. 

Bowers v. Cater, 63. 

V. Nixon, 118, 

Bowes V. CYoll, 56, 57. 
Boyce v. Tamlyn, 216. 
Boyd V. Profaze, 155. 
Bradbume r. Botfield, 87. 
Bradbury v. Wright, 84. 
Braddyl v. Ball, 178. 
Bramston v. Robins, 120, 122. 
Brandon v. Brandon, 134. 
Branscombe v. Bridges, 164, 157. 
Brashier v. Jackson, 45. 
BraytLwayte v. Hitchcock, 51, 53, 

Brecknock Co. v. Pritchard, 192. 
Brett V. Cumberland, 2r>0. 
Brewster v. Kitchel, 226. 
Bridges V. Potts, 57, 266, 266. 
Briggs V. Sowry, 186. 
Brocklchurst v. Lawe, 186. 
Brocklington v. Saunders, 67, 301. 
Bromley v. Holden, 147. 
Brooke v. Noakes, 147. 
Bro\vn v. Arundell, 139. 
— ^-^ V. Bnrtinshaw, 280. 

V. Crump, 207, 208. 

r. Glenn, 155. 

V. Quilter, 191. 

V. SheviU, 139. 

V. Storey, 41. 

V. Tmmper, 58, 196. 

Browne v. Joddrell, 8. 

V. PoweU, 115, 166. 

V. Raban, 86. 

V. Warner, 45. 

Browning v. Dann, 166. 
Bmdnell's Case, 82. 
Bryan v. Weatherhead, 76. 
Buck r. Nurton, 76. 
Buckland v. Butterfield, 293, 294. 

r. Papillon, 59, 86, 257. 

Buckley r. Taylor, 112, 132. 
Buckworth r. Simpson, 255. 
Bullen V. Denning, 77, 78. 
Bullock V. Dommitt, 192. 
Bnlwer v. Bulwer, 298. 
Burdett r. Withers, 193. 
Burling v. Read, 306. 
Burnett v. Lynch, 229, 251. 
Burrows v. Gradin, 116, 133. 
Burt r. Haslett, 297. 
Burton r. Barclay, 79, 246, 277. 
Buszard v. Capel, 144. 
Bute V. Thompson, 123. 
Butler V. Mnlrihill, 44. 

V. Swinnerton, 232. 

Boston V. Lister, 66, 66. 



CADBY V. Martinez, 276. 
Cadle V. Moody, 281. 
Caldecott v. Smythics, 300, 301. 
Calvert v. Sebright, 232. 
Calvin's Case, 2. 
Camden v. Batterbury, 47. 
Campbell v. Hooper, 9. 

V. Lewis, 247. 

V. Wenlock, 202. 

Cannan v. Hartley, 280. 
Cannock v. Jones, 84, 195. 
Canterbury v. Reg., 190. 
Capel V. Buszard, 144. 
Carden v. Tuck, 75. 
Cardigan v. Armitage, 77, 79. 
Carew v. Cooper, 2. 
Carpenter v. Colins, 240, 264. 

V. Cresswell, 87. 

Carter v. Carter, 121. 

V. Cummins, 125. 

Cartwright v. Smith, 146. 
Castleman v. Hicks, 160. 
Cattley v. Arnold, 63, 
Chadwick v. Clarke, 66. 

V. Marsden, 77. 

Chancellor v. Poole, 249. 
Chandler v. Doulton, 157. 
Chandos v. Talbot, 217. 
Channon v. Patch, 218. 
Chapman v. Beecham, 80. 

V. Bluck, 46, 72. 

V. Towner, 45, 53. 

Chappell V. Gregory, 190. 
Cheetham v. Hampson, 215. 
Child V. Chamberlain, 174. 
Christ's Hospital v. Harrild, 226. 
Christy v. Tancred, 302. 
Church V. Brown, 86, 88, 236, 240. 
Churchill v. Evans, 215. 
Claridge v. Mackenzie, 130. 
Clark, In re, 2. 

V. Calvert, 138. 

V. Gaskarth, 138. 

V. Glasgow Ass. Co., 1 92. 

Clarke v. Fuller, 44, 61. 

V. Holford, 113, 132. 

V. Roystone, 208, 301. 

V. Westrope, 213. 

Clayton's Case, 80. 
Clayton v. Blakey, 53, 68. 

V. Bnrtenshaw, 44, 45. 

V. Gregson, 71. 

V. Illingworth, 66. 

Clegg V. Rowland, 199. 
Clements v. Lambert, 76. 

V. Welles, 238. 

Clennel v. Read, 120. 
Clifton V. Wahnesley, 124. 

Climie v. Wood, 295. 
Clinan v. Cooke, 62. 
Close V. Wilberforce, 245. 
Clun's Case, 113, 114. 
Cobb V. Stokes, 81, 303, 304. 
Cocker v. Musgrove, 184. 
Cockson V. Cock, 247. 
Codd V. Brown, 301. 
Coe V. Clay, 229, 230. 
Coker v. Gny, 70. 
Colbron v. Travers, 225. 
Cole V. Forth, 199. 

V. Green, 199. 

V. West London, &c. Ry. Co., 

Coleman v. Foster, 47. 
Coles V. Trecothick, 31. 
CoUen V. Gardiner, 31. 
Collett V. Curling, 112, 266. 
Colley V. Streeton, 239. 
Collins and Harding's Case, 126, 127. 

V. Harding, 110. 

V, Crouch, 255. 

Collison V. Lettsom, 249. 
Colton V. Lingham, 58. 
Colyer v. Speer, 182, 183. 
Congham v. King, 246. 
Cooke V. Cholmondeley, 76. 

V. Claynorth, 44. 

V. Yates, 75. 

Coomber v. Howard, 112. 
Coombes v. Button, 93. 
Cooper, Ux parte, 32. 

V. Blandv, 42. 

V. Twibiil, 205. 

Copeland v. Stephens, 107. 
Corder v. Drakeford, 97. 
Cornish v. Cleife, 194. 

V. Searrell, 43, 129. 

V. Stubbs, 47, 54. 

Cosser v. CoUinge, 238. 
Coster V. Cowling, 97. 
Cotesworth v. Spokes, 285. 
Cotton's Case, 15. 
Couch V. Goodman, 103. 
Counter v. Macpherson, 195. 
Coupland v. Maynard, 149. 
Courtown v. Ward, 218. 
Cowan V. Milboum, 201. 
Coward v. Gregory, 193, 194, 195. 
Cowpcr V. Fletcher, 30. 

Cox V. Bent, 52, 53. 

V. Bishop, 245. 

V. Knight, 129. 

V. Painter, 159. 

V. Slater, 62. 

Cramer v. Mott, 137, 156. 

Creak v. Justices of Brighton, 310. 



Crisp r. Charchill, 201. 
Crocker r. Fotliorgill, 316. 
Croft V. Lumlcy, 8'J, IH), 287. 
Cromwell v. Andrews, 114. 
Crosier r. Tomkinson, 140. 
Cross V. Eglin, 77. 

V. Jordan, 286. 

Croasficld v. Morrison, 251. 
Crowley tJ. Vitty, 118. 
Crowther v. liamsbottom, 166. 
Crusoe v. Bugby, 236, 241. 
Cubitt V. Porter, 216. 
Culling V. Tuffnall, 293, 295. 
Cumberland v. Bowes, 213. 

V. Glamis, 54. 

Cumming v. Bedborongh, 120. 
Curtis V. Hubbard, 154. 

V. Spitty, 246. 

V. Wheeler, 136. 

Cuthbertson v. Irving, 42, 43. 
Cutting V. Derby, 114, 303. 

DAKIN V. Cope, 284. 

Dalby v. Hirst, 208, 301. 

Dallman v. King, 124. 

Dancer v. Hastings, 134, 

Dane v. Kirkwall, 8. 

Daniel v. Gracie, 83, 110, 131, 132. 

Daniels v. Davison, 62, 264. 

Dann v. Spurrier, 29, 63, 276. 

Darby v. Harris, 138, 

Darcy v. Askwith, 199. 

Davies v. Powell, 140. 

Davis V. Eyton, 88, 298, 

V. Gyde, 129. 

V. Jones, 295, 

V. Shepherd, 77. 

Davison v. Gent, 281. 

V. Stanley, 280. 

V. Wilson, 306. 

Dawson v. Cropp, 158, 

V. Dyer, 234, 

V. M&saej, 44, 

De Medina v. Poison, 54. 
Dean v. Allalley, 293. 

Dean and Chapter of Bristol v. 

Jones, 195. 

Case, 247. 
Delaney r. Fox, 42. 
Denby r, Moore, 119, 120, 
Dendy v. Nicholl, 286. 
Denn v. Cartwright, 81, 265. 

r. Fenmsiiie, 51. 

Denton v. Kichinnnd, 1 1 8. 
Descarlett r. Dennett, 291. 
Descharmes, Hxjtarte, 186. 

Dibble r. Bowatcr, 114, 1.32, 149. 
Digby V. Atkinson, 54, 55, 192, 193. 
Dinsdalo r. lies, 263. 
Dixon V. Gcldard, 218. 

V. Harrison, 135. 

Dobbyn v. Somers, 69, 76. 
Dod V. Monger, 156, 164. 
Dodd V. Acklom, 115, 279, 280, 
Doe V. Abel, 93. 

V. Adams, 42, 

V. Allen, 286. 

V. Amey, 53, 54, 56, 57. 

V. Archer, 28, 269, 

r. Ashbumer, 45, 46. 

V. Austin, 42, 102. 

V. Bancks, 284, 

V. Batten, 273, 304, 

r, Baytup, 42, 

V. Bell, 53, 54, 68, 267, 268. 

— — V. Benham, 110, 

— V. Benjamin, 46. 

V. Benson, 71, 113, 

V. Bevan, 241, 257. 

V. Biggs, 267, 

V. Birch, 284, 287. 

V. Bird, 194, 197, 203, 220. 

V. Bond, 91, 

V. Bousfield, 29, 

V. Bridges, 17, 

V. Bro^vne, 270. 

V. Burt, 70, 76. 

V. Butcher, 28. 

V. Butler, 269. 

V. Calvert, 273. 

V. Carew, 89. 

r. Carter, 235, 241. 

V. Cartwright, 44. 

V. Cawdor, 274. 

V. Chamberlain, 51. 

V. Clare, 45. 

V. Clarke, 45, 58, 129. 

V. CoUinge, 17, 53. 

V. Collins, 75. 

V. Cooper, 274. 

V. Conrtenav, 280. 

V. Cox, 50, 52. 

d. Cox, 269. 

V. Crago, 55. 

V. Crick, 269, 272. 

V. Crouch, 219. 

r. David, 90. 

V. Davies, 52, 88. 

V. Davis, 298. 

V. Day, 80, 108. 

V. Dcrry, 48. 

V. Dixon, 275. 

V. Dol)cll, 267. 

». Dodd, 59, 72, 82. 



Donovan, 266. 

Dyson, 286. 

Edwards, 42. 

Elsani, 89, 203, 205. 

Evans, 274. 

Eykins, 287. 

Eyre, 9. 

Forster, 267. 

Forwood, 271. 

Foster, 47, 53, 269. 

Francis, 55. 

Frowd, 274. 
, Fuller, 42. 

Galloway, 74. 

Gardiner, 52. 

Geekie, 55. 

Gladwin, 221, 222. 

Godwin, 89. 

Goldwin, 269, 270. 

Gower, 274. 
, Grafton, 266. 
, Greathcd, 74. 

Green, 81, 265, 

Groves, 51. 
, Grubb, 274. 

Guest, 205. 

Hall, 272. 
. Hayes, 30. 

Hazell, 266. 
, Hiscocks, 70. 
, Hobson, 96. 
, Houghton, 104. 
, Howard, 268. 
.Hughes, 268, 271. 
. Hulme, 271. 
, Humphreys, 273. 

Ingleby, 90. 

Jackson, 51, 194. 

Jenkins, 28. 

Jepson, 91. 

Jersey, 74. 

Johnson, 268. 

, Jones, 50, 91, 194, 263, 287. 
, Keeling, 203. 
. Kennard, 93. 
. Kneller, 83, 91. 
, Lambley, 267. 
, Laming, 220, 236, 241. 
, Lawder, 49, 262. 
, Lawrence, 88. 
, Lea, 71. 
. Lewis, 96, 194. 
, Lines, 268. 
. Long, 274. 
. Lucas, 272. 
, Mainby, 265. 
. Maisey, 262. 
. Marchetti, 89. 

Doe «. Martin, 76. 

V. Masters, 284. 

V. Matthews, 268. 

i\ Meylor, 126. 

V. Miles, 48. 

V. Miller, 51. 

Mills, 42. 

Milward, 273. 

M'Kaeg, 50. 

Moffatt, 53, 54. 

Morse, 54, 110. 

Mnrrell, 262. 

Ongley, 42, 271. 

Palmer, 273. 

Parker, 283. 

Pasquali, 274. 

Paul, 285. 

Peck, 220, 286. 

Phillips, 93. 

Poole, 280. 

Porter, 254. 

Powell, 45, 46, 242. 

Price, 219, 263. 

Pritchard, 88, 90, 286. 

Pvke, 282. 

Qnigley, 49, 51. 

Raffan, 55, 266. 

Ramsbotham, 42. 

Read, 271. 

Rees, 88, 286. 

Reid, 205. 

Rhodes, 268. 

Ries, 46. 

Roberts, 5. 

Rock, 81, 264. 

Roe, 106, 245, 285. 

Rollings, 274. 

Rowe, 221. 

Rowlands, 197. 

Samuel, 268. 

Sandham, 86, 

Shewin, 220, 221. 

Slight, 106. 

Smaridge, 265. 

Smith, 46, 53, 92, 241, 257, 

Snowdon, 265, 268. 

Somei-ton, 272. 

Spence, 268. 

Spiller, 269. 

Spry, 203, 205. 

Stagg, 279. 

Stanion, 274. 

Stapleton, 268. 

Steel, 269, 273. 

Stennett, 52. 

Stevens, 87, 89. 

Steward, 58. 


Doe V. Stratton, 64. 

*. Sumraersett, 271. 

V. Sutton, 193. 

V. Taniere, 18, 53. 

V. Thomas, 264, 281. 

V. Thompson, 41, 274. 

V. Timothy, 269. 

V. Tressider, 29. 

r. Tnrford, 272. 

V. Turner, 262, 264. 

V. Ulph, 220. 

V. Walker, 107, 278. 

V. Walters, 270. 

V. Watkins, 208, 272. 

V. Watson, 42. 

V. Watt, 88, 284, 

V. Watts, 28, 62, 63, 54. 

V. Weller, 12, 112, 267. 

V. Wells, 283. 

V. Whittick, 274. 

V. Wilkinson, 130, 269. 

V. Williams, 86. 

V. Wood, 52, 53, 55, 72. 

' V. Woodbridge, 203, 287. 

V. Woodman, 272. 

V. Worsley, 236. 

V. Wrightman, 267, 269, 271. 

V. Yarborough, 18. 

Dollen r. Batt, 253. 
Donellan v. Read, 111. 
Doughty V. Bowman, 247, 248. 
Dowell V. Dew, 64. 
Dowse V. Earle, 194. 
Drake v. Mitchell, 129. 

V. Munday, 72, 83, 84. 

Drant v. Brown, 66. 
Draper v. Crofts, 302. 

V. Thompson, 153. 

Drury r. Macnamara, 230. 

V. Molins, 211. 

Dnck V. Braddyll, 96, 139. 
Dudley v. FoUiott, 233. 

r. Warde, 294. 

Dnmergue t». Rumsey, 297. 
Dunk V. Hunter, 45, 111, 131. 
Duppa V. Mayo, 1 14, 

Dyer v. Bowley, 121. 
Dyne v. Nntley, 74. 

EAGLETON v. Gntteridgc, 97, 

137, 155. 
Easterby r. Sampson, 84. 
Ecclesiastical Commissioners v. 

Merral, 14. 
Eccleston r. Clipsham, 87. 
Edge V. Strafford, 61, 68, 108, 188. 
Edmondson r. Nuttall, 179. 

Edwards v. Rees, 122. 
Eldridge v. Stacey, 154, 155, 103. 
Elliott V. Johnson, 246. 
Elwes V. Maw, 295. 
Elworthy v. Sandford, 105. 
Empson v. Soden, 294. 
England v. Slade, 42. 
Enys V. Donnithome, 79. 
Etherton v. Popplewell, 159, 105. 
Evans, In re, 3. 

V. ElUot, 41, 133, 166. 

V. Roberts, 61, 298. 

V. Vanghan, 233. 

V. Wright, 170. 

Ewart V. Graham, 261. 
Ewer V. Moyle, 126. 
ExhaU Coal Co., In re, 143. 

FABIAN V. Winston, 286. 
Farewell v. Dickinson, 110. 
Farrall v. Hilditch, 84. 
Farrance v. Elkington, 305. 
Farrant v. Olmius, 118. 
Farrell v. Davenport, 63. 
Faviell v. Gaskoin, 301. 
Fenner v. Duplock, 130. 
Fenny v. Child, 45, 72. 
Fenton v. Logan, 143. 
Feret v. Hill, 201. 
Ferguson v. , 189, 190. 

V. Cornish, 58. 

Festing v. Taylor, 225. 
Few V. Perkins, 195. 
Field V. Adams, 140. 

V. Mitchell, 157. 

Fielden v. Tattersall, 213. 
Filliter v. Phippard, 190. 
Finch r. Miller, 54, 112, 167. 
Findon v. M'Laren, 139. 

Finlay v. Bristol and Exeter Ry. 

Co., 14, 55. 
Fisher v. Algar, 172. 

V. Dixon, 294. 

Fitzmaurice v. Bayley, 62, 62. 
Fleming v. Snook, 210. 
Fletcher v. Marillier, 148. 

V. Saunders, 167. 

Flight V. Barton, 238. 

Foley V. Addenbrooke, 88, 206, 297. 
Foquet i'. Moor, 111, 280. 
Ford V. Tiley, 66. 
Fordham v. Ackers, 177. 
Forster r. Cookson, 181. 

V. Rowland, 61, 65. 

Foulger r. Tavlor, 148. 
Fowell V. Tranter, 276. 
Fowkes V. Joyce, 140. 



Fowle V. Freeman, 61. 

v. Welsh, 233. 

Frame v. Dawson, 63, 64. 
Francis v. Wigzell, 9. 

V. Wyatt, 140. 

Franklin v. Carter, 119. 
Franklin ski v. Ball, 41. 
Freeman v. Rosher, 153. 

V. West, 82. 

French v. Phillips, 162. 
Frosel v. Welsh, 29. 
Frnsher v. Lee, 171. 
Fuller^?. Abbot, 119, 225. 
Fulmerstone v. Steward, 280. 
Furneaux v. Fotherby and Clark, 

GABELL V. Shevell, 119. 
Gale V. Bates, 212, 
Gandy v. Jubber, 191, 215. 
Gange v. Lockwood, 194. 
Gardiner v. Colyer, 261. 

V. Williamson, 69, 110. 

Garrard v. Frankel, 69. 

Gas Light Co. v. Turner, 201. 
Gaskell v. I«ng, 225. 
Gauntlett r. King, 153. 
Gawler v. Chaplin, 183. 
Gerrard v. Clifton, 124. 
Gethin v. Wilks, 185. 
Gibson v. Holland, 61. 
— ^-^ V. Ireson, 139. 
Giddens v. Dodd, 275. 
Gilbertson v. Richards, 112. 
Giles V. Spencer, 151, 
Gilham v. Arkwright, 148. 
Gillingham v. Gwyer, 144. 
Gilman v. Elton, 139. 
Gingell v. Purkins, 73. 
Girardy v. Richardson, 201. 
Gisbonm v. Hurst, 140. 
Gladman v. Plumcr, 137. 
Glynn v. Thomas, 151, 152. 
Goddard's Case, 73. 
Goodland v. Blewitt, 115. 
Goodright v. Cordwent, 273. 

V. Richardson, 58, 81. 

r. Vivian, 199. 

Goodtitle r. Herbert, 51. 
Goodwin v. Longhurst, 29. 
Goodwyn v. Cheveley, 144. 
Gore V. Lloyd, 45, ' 

Gorely, Ex j)arte, 222, 223. 
Gorton r. Falkner, 137, 138, 148. 
Gott V. Gandy, 190. 
Gough V. Howard, 208. 
Gould V. Bradstock, 154. 

Gower v. Hunt, 119. 
Grace, Ex parte, 44. 
Graham v. AUsopp, 122. 

V. Wade, 228. ' 

V. Whichelo, 280. 

Granger v. Collins, 208, 229. 
Grants. Ellis, 150, 187. 
Graves v. Weld, 298. 

Gray v. Bompas, 273, 

V. Friar, 58. 

Great Ship Co., In re, 143. 
Green v. Eales, 196. 

V. Jenkins, 17. 

Green's Settled Estates, Re, 35. 
Greenaway v. Adams, 236. 
Greenslade v. Tapscott, 236. 
Greenwood v. Tyber, 82. 
Gregg V. Coates, 192, 
Gregory v. Doidge, 130. 

V. Mighell, 63. 

V. Wilson, 291. 

Griffenhoofe v. Daubuz, 120. 
Griffin v. Scott, 172. 
Griffith V. Hodges, 231. 
Griffiths V. Rigby, 206. 
Grimman v. Ixgge, 279, 280. 
Grissell v. Robinson, 106. 
Grosvenor v. Hampstead Junction 

Ry. Co., 75. 
Grove, Ex parte, 186. 
Grate V. Locroft, 12. 
Grymes v. Boweren, 294. 

V. Peacock, 76. 

Gndgen v. Besset, 103. 
Gunter v. Halsey, 64. 
Gutteridge v. Munyard, 192, 204. 
Guy V. West, 216. 

Gwillim V. Stone, 64. 
Gvrinnet v. Phillips, 166. 
Gwynne v. Maynatone, 81. 


88, 236. 
Haines v. Burnett, 86. 

V. Welch, 299. 

Haldane v. Johnson, 115. 
Hall V. Ball, 105. 

V. Burgess, 188, 231. 

V. Chandless, 105. 

V. City of London Brewery Co., 


V. Denbigh, 73. 

V. Lund, 71. 

V. Sebright, 72. 

Hallifax r. Chambers, 207. 
Hamerton v. Stead, 51, 281. 



Hamilton v. Clapricnrdc, 31. 
Hammond v. Mather, 2SG. 
Hancock v. Austin, 47, 111, 154, 

V. CaflFyn, 46, 47, 230. 

Harding v. Crethom, 281, 302. 

r. Wilson, 76, 77. 

Hare r. Groves, 85, 124. 
Harley v. King, 251. 
Harnett r. Maitland, 100, 200. 
Harper v. Taswell, 169. 
Harrington r. Wise, 83, 284. 
Harris v. Davis, 3. 

V. Jones, 191. 

V. Shipway, 129. 

Harrison v. Bamby, 117. 

V. Barry, 132, 172. 

r. Blackburn, 107, 108. 

■ V. Jackson, 31. 

V. North, 125. 

Hart v. Leach, 175. 

r. Windsor, 125, 202. 

Hartshorne v. Watson, 284. 
Harvey v. Bridges, 306. 

V. Pocock, 1 79. 

Harvy v. Thomas, 12. 
Haseler v. Lcmoyne, 153. 
Hatch V. Hale, 154, 166. 
Havens r. Middleton, 221. 
Hawkins v. Rutt, 129. 

T. Sherman, 245. 

Hayling v. Okey, 299. 
Hayne v. Cnmmings, 68, 88. 
Hayward v. Haswell, 46. 

V. Parke, 238. 

Heald i>. Hay, 2. 

Heap V. Barton, 297. 
Heam v. Allen, 76. 

V. Tomlin, 51. 

Heckman v. Isaac, 220. 
Hegan r. Johnson, 111. 
Hegarty v. Milne, 66. 
Hellawell v. Eastwood, 139, 293. 
Hellier v. Casbard, 83. 
Hemingway r. Femandes, 248. 
Hemming v, Brabazon, 15. 
Henderson v. Hay, 86. 

V. Mcars, 231. 

V. S(iuire, 302. 

Henson v. Coojjcr, 70. 
Herlakenden's Case, 218. 
Heme v. Bcnbow, 199. 
Hersey v. Giblett, 59. 
Hewitt T. Isham, 78. 

Hewson v. South Western Ry. Co., 

Hey V. Wyche, 221. 
Heywood r. Cope, 65. 

Hickman t'. Isaacs, 204. 
Hickman v. Machin, 116. 
Hicks r. Downing, 237. 
Hill V. Barclay, 291. 

V. Grange, 1 13. 

V. Ramm, 97. 

V. Saunders, 135. 

Hillarj- v. Gay, 305. 
Hillsr. Rowland, 211. 
Hilton V. Goodhind, 118. 

V. Green, 260. 

HinchcliflFe v. Kinnoul, 76. 
Hindt V. Gray, 203. 
Hindlc V. Pollitt, 214. 
Hirst V. Horn, 303. 
Hitchcock V. Cokcr, 203. 
Hitchings v. Thompson, 130. 
Hoby V. Roebuck, 111. 
Hodgson V. Gascoignc, 182. 
Holcombe v. Hewson, 206. 
Holder v. Coates, 218. 
Holding V. Pigott, 300. 
Holland v. Bird, 154, 166. 

V. Cole, 241. 

V. Palser, 83, 

HolUs V. Carr, 84. 
Holmes v. Blogg, 5. 
Holtzapffel v. Baker, 124. 
Hoodz?. Kendall, 211. 
Hooper, JSx parte, 63. 

V. Clark, 246, 248. 

Hopkins v. Helmore, 114. 
Hopwood V. Whaley, 255. 
Homer v. Graves, 203. 
Homidge v. Wilson, 255. 
Horsefall v. Daw, 147. 

V. Mather, 189, 190. 

V. Testar, 194, 195. 

Horseford v. Webster, 151. 
Hoskins v. Knight, 182. • 
Houghton r. Koenig, 102. 
House V. Laxton, 73. 

How V. Greek, 104. 

r. Kennett, 188. 

Howard v. Shaw, 51. 

V. Wood, 2. 

Howe V. Scarrott, 135. 
HuffcU V. Armitstcad, 266. 

. Hughes r. Clark, 102. 

V. Richman, 211. 

Hnguenin r. Basely, 44. 
Humble r. Langston, 250, 251. 
Humphrevs v. Franks, 267. 
Hunt r. Allgood, 274. 
Hunter v. Hunt, 239. 

1). Miller, 211. 

Horleston v. Woodroffc, 76. 
Hurst r. Hurst, 226, 229. 


Hatchins v. Chambers, 158. 

V. Scott, 114, 156. 

Hntton V. Warren, 200, 208, 301. 
Hyatt V. Griffiths, 54, 57. 
Hyde V. Hill, 120, 228. 

IBBETT V. Do La Salle, 163. 
Ibbs v\ Richardson, 802. 
Iggnlden v. May, 83, 86, 229. 
Inman v. Stamp, 61. 
Ive V. Sams, 78, 280. 
Izon V. Gorton, 124. 

JACKSON V. Oglander, 62. 
Jacob V. King, 176. 
Jacomb v. Harwood, 30. 
James v. Dean, 254, 264. 

-; r. Emery, 87. 

— V. Jenkins, 28. 

Jeffryes r. Evans, 79, 232, 260, 261, 
Jenkins v. Church, 28. 

V: Gething, 293. 

V. Green, 77, 78. 

Jenner v. Clegg, 111, 273. 

V. Yolland, 144, 170. 

Jenney v. Brook, 78. 
Jennings v. Major, 106. 

V. Throgmorton, 201. 

Jervis r. Tomkinson, 80, 123. 
Jesus Coll. V. Gibbs, 15. 
Jinks V. Edwards, 280. 
John V. Jenkins, 45, 148. 
Johnson v. Edgware, High gate and 
London Ry. Co., 92. 

V. Jones, 116, 121. 

r. Upham, 158, 166. 

Johnstone i\ Hudlestone, 304. 
Jolly V. Arbuthnot, 48, 134. 
Jones V. Bone, 205. 

V. Carter, 287. 

V. Davies, 278. 

V. Green, 1 18. 

V. Hamp, 171. 

V. Jones, 135. 

V. Marsh, 271. 

V. Mills, 266, 274, 

V. Nixon, 58, 265. 

V. Phipps, 270, 271. 

V. Reynolds, 45, 47, 72, 

V. Shears, 206, 273. 

V. Thome, 204. 

Joule V. Jackson, 140. 
Jonrdain v. Wilson, 247. 


KEATES V. Cadogan, 202. 

Keech v. Hall, 41, 64. 

Keen v. Priest, 143, 144, 17G, 179. 

Keightley v. Watson, 87. 

Kelly V. Coote, 5. 

Kemp V. Derrett, 266. 

V. Sober, 203. . 

Kendall v. Hill, 86, 
Kenney v. May, 168. 
Kerby v. Harding, 163, 164. 
Kerslake v. White, 76. 
Ketsey's Case, 4, 5. 
Kine v. Balfe, 63. 
King V. England, 171, 172. 
Kingdon v. Nottle, 254. 
Kingsbury v. Collins, 298, 299. 
Kintrea v. Perston, 252. 
Kirtland v. Pounsett, 51. 
Kirton v. Elliott, 5. 
Knight V. Benett, 53, 131, 150. 

V. Egerton, 180, 181. 

V. Morv, 241. 

Knotts V. Curtis, 180. 
Kooystra v. Lucas, 77. 

LACEY V. Lear, 305. 
Ladd V. Thomas, 166. 
Laing's Trust, In re, 35. 
Lambert v. Nonis, 111. 
Lancaster v. De Trafford, 62. 
Langford v. Selmes, 112. 
Lant V. Norris, 84. 
Lanyon v. Came, 110. 
Latham v. Attwood, 298. 
Lawrance v. Faux, 281, 
Lawton v. Lawton, 294. 

V. Salmon, 294. 

Lay V. Mottram, 85. 
Laycock v. TufFnell, 119. 
Laythoarp v. Bryant, 61. 
Xeach v. Thomas, 189, 190, 294. 
Leader v. Homewood, 296. 
Lear v. Caldicott, 158. 
Leather Cloth Co. v. Lorsont, 203. 
Lee V. Cooke, 158. 

V. Smith, 53, 54, 57, 132. 

Leeds r. Chectham, 124, 191. 
Legh V. Heald, 78. 

V. Hewitt, 207, 208. 

r. Lillie, 118,213. 

Lehmann v. M' Arthur, 242. 
Leigh V. Shepherd, 136. 
Le Keux v. Nash, 249. 
Lester r. Foxcrof t, 62. 
Lewes v. Ridge, 246. 
Lewis V. Read, 153. 
Liebenrood v. Vines, 211. 



Liford's Caae, 78. 
Line r. Stephenson, 230. 
Linghara v. Warren, 158. 
Lloyd V. Checthara, 2. 

V. Crisp, 213. 

«. Rosbee, 302. 

Loader v. Kemp, 197. . 
Lock V. Furze, 235. 
Locke V. Matthews, 263. 
Lockier r. Paterson, 175. 
Lofft V. Dennis, 124, 191. 
London v. Grcyme, 199. 

V. Southwell, 78. 

London and N. W. Ry. Co. v. Gar- 

nett, 204. 
London and N. W. Ry. Co. v. West, 

London Cotton Co., In re, 143, 
Loring V. Warburton, 166. 
Love V. Pares, 219. 
Lovelock V. Franklyn, 72, 97. 
Lowe V. GrifBth, 6. 

V. Ross, 108, 188. 

Lowndes v. Fountain, 213. 
Lucas V. Comerford, 245. 

V. Tarleton, 172, 180, 181. 

Ludford v. Barber, 28. 
Lnxmore v. Robson, 193. 
Lyde v. Russell, 296. 
Lyon V. Reed, 280. 

V. Tomkiea, 169. 

V. Weldon, 168. 

Lyster v. Brown, 147. 

MACHER V. Foundling Hospital, 

Maddon v. White, 4. 
Maitland v. Mackinnon, 76. 
Makin v. Watkinson, 197. 
Mallam v. Arden, 1 13. 
Mallory's Case, 113. 
Malpas V. Ackland, 30. 
Mann v. Lovejoy, 53, 54. 
Manning v. Fitzgerald, 74. 

V. Lunn, 226. 

Mansfield v. Blackburn, 297. 
Marson v. London, Chatham and 

Dover Ry. Co., 75. 
Martin v. Gilham, 189. 
Martyn v. Clue, 247. 

V. Williams, 246. 

Martyr v. Bradley, 297. 

V. La^vrence, 74. 

Mason v. Corder, 243. 
Massey v. Goodall, 212. 
Mather v. Fraser, 293. 
Matthias v. Mesnard, 139. 

Matts V. Hawkins, 216. 
Matures v. Westwood, 247. 
Mayfield v. Robinson, 69. 
Mayhew v. Suttle, 48. 
Mayho c. Buckhurst, 248. 
Mayor of Congleton v. Pattison, 247, 

Mayor of Thetf ord v. Tyler, 55, 189. 
M'Donnell v. Pope, 280, 281. 
Medwin v. Sandham, 86. 
Melling v. Leak, 52. 
Merrill v. Frame, 230. 
Messenger v. Armstrong, 81, 303. 
Messent v, Reynolds, 229. 
Micklethwait v. Winter, 79. 
Mildmay v. Shirley, 55. 
Miller v. Maynwaring, 12, 80. 
Minshall v. Lloyd, 296. 
Minshull v. Oakes, 247. 
Mitcalfe r. Westaway, 77. 
Mitchell V. Reynolds, 203. 
Molton V. Camronx, 9. 
Monk V. Cooper, 124. 

V. Noyes, 194. 

Moodie v. Garnance, 126. 
Moore v. Clark, 197. 

V. Drinkwater, 153. 

V. Plymouth, 261. 

Moores v. Choat, 245. 
Morgan v. Bissell, 45, 46. 
Morley v. Pincombe, 141. 
Morphett v. Jones, 62, 63. 
Morrice v. Antrobus, 112. 
Morris V. Edgington, 76. 
Morrison v. Chad wick, 126. 
Mortal V. Lvons, 62. 
Morton v. Woods, 43, 104, 133, 264. 
Moss V. Barton, 59. 

V. Gallimore, 41, 116, 133. 

Monntney v. Collier, 42. 
Mule V. Garrett, 251. 
Mundy v. Jolliffe, 63. 
Muspratt v. Gregory, 137, 140. 

NARGETT v. Nias, 143. 
Nash V. Gray, 114. 

V. Lucas, 154. 

V. Palmer, 233. 

Naylor r. Amitt, 30. 

V. Collinge, 297. 

Neale v. Mackenzie, 66, 127. 

V. Parkin, 77. 

V. Ratcliffe, 195. 

Neave v. Moss, 42. 
Newman r. Andcrton, 110. 
Newson v. Smythies, 210, 301. 
Newton r. Harknd, 306. 


Newton v. Wilmot, 232, 261. 

Niblet V. Smith, 17G. 

Nickells i\ Athcrstone, 281. 

Nixon t". Freeman, 154. 

Noke V. Awder, 247. 

North Western Ry. Co. v. M'Mi- 

chael, 5. 
Norton v. Herron, 103. 
Norval v. Pascoe, 247. 
Noye V. Reed, 216. 
Nunn V. Fabian, 62, 63. 
Nuttall V. Staunton, 149, 150. 

OAKAPPLE V. Copous, 267. 
Oakley v. Monck, 56. 
Oatcs V. Frith, 112. 
Odell V. Wake, 249. 
Ogilvie V. Foljambe, 62. 
Ognel's Case, 135. 
Omerod v. Hardman, 69. 
Onslow V. , 207, 208. 

V. Corrie, 249. 

Opperman v. Smith, 145, 148. 
Orgill V. Kemshead, 250. 
Orme v. Broughton, 65. 
Osbom V. Wise, 70, 71. 
Owen V. De Beau voir, 150. 

V. Legh, 173. 

Oxley V. James, 136, 235. 

PACKER V. Gibbins, 124. 
Page V. More, 303. 
Paget V. Foley, 187. 
Pain V. Coombs, 63. 
Pahner v. Earith, 226. 

V. Edwards, 237. 

P^pillon V. Brunton, 272. 
Paradine v. Jane, 125. 
Parish v. Sleeman, 228. 
Parker v. Taswell, 65, 68. 

V. Webb, 247. 

Parmenter v. Webber, 112, 237. 
Parrot v. Anderson, 129. 
Parry ti. Deere, 97. 

V. Duncan, 148. 

V. Hindle, 12. 

V. House, 42. 

Parsons v. Giiigell, 140. 
I'atten v. Reid, 255. 
Paul V. Nurse, 240, 249. 
Panllf. Best, 186. 
Payne v. Burridgo, 227. 

V. Haine, 193. 

Pearco v. Cheslyn, 46. 
I'earsc v. Boulter, 272. 
Pease v. Chaytor, 176. 

Pease v. Coates, 204. 
Pcirsc V. Shaw, 54. 
Pembroke ^\ Berkeley, 284. 
Penfold V. Abbot, 229. 
Penle^r v. Watts, 239. 
Penniall v. Harbome, 221. 
.Pennington v. Cardale, 18. 
Penry v. Brown, 195, 297. 
Penton v. Robart, 295, 296. 
Perring v. Brook, 45. 
Peter v. Kendal, 281. 
Phenfe V. Popplewell, 279. 
Phillips V. Berryman, 176. 

V. Edwards, 62. 

V. Hartley, 44. 

V. Jones, 206. 

V. Whitscd, 165. 

Pigot's Case, 105. 
Pigott V. Birtles, 144, 157. 
Pike V. Eyre, 235. 
Pilkington v. Dalton, 113. 

V. Hastings, 166. 

Pilling V. Armitage, 29. 
Pilton, Bx parte, 310. 
Pincomb v. Thomas, 78. 
Pinero v. Judson, 47, 57. 
Pinhom v. Souster, 240, 264. 
Pitman v. Woodbury, 103. 
Pitt V. Shew, 172. 

V. Smith, 44. 

V. Snowden, 134. 

Plant V. James, 76. 
Pleasant v. Benson, 271, 282. 
Pluck V. Digges, 237. 
Plummer, £x parte, 186. 
Pocock V. Eustace, 120. 
Pollen V. Brewer, 263, 306. 
Pollitt V. Forest, 132. 
Pollock V. Stacy, 237. 
Poole's Case, 294, 296. 
Poole V. Bentley, 46. 

V. Longueville, 144. 

Pope V. Biggs, 116. 
Pordage v. Cole, 87. 
Porter v. Shepherd, 87. 

V. Swetnam, 83. 

Portman v. Mill, 75. 
Portmore v. Goring, 106. 
Postman r. Harrell, 148. 
Potts r. Smith, 232. 
Poulteney v. Holmes, 112, 237. 
Powisr. Smith, 117. 
Powley V. Walker, 207, 208. 
Po\vnall r. Moores, 214. 
Poynter v. Buckley, 170. 
Pratt t>. Keith, 119. 
Preece v. Corrie, 112, 237. 
Prescott V. Boucher, 135. 




Preston r. Mcrcean, 70. 
Price V. Dver, 275. 

V. Worwood, 220, 287. 

Progress Assurance, Jn re, 143. 
Propert v. Parker, 61, 65, 86. 
Prosser r. Phillips, 93. 
Proud r. Bates, 79. 
Prondlove r. Twemlow, 173. 
Pugh V. Arton, 297. 

V. Griffith, 156. 

V. Leeds, 80. 

Pnllen v. Palmer, 136. 
Pulteney v. Shelton, 271. 
Purvis V. Rayer, 64, 252. 
Pyle V. Partridge, 152. 
Pym V. Blackburn, 64. 

QUARRINGTON v. Arthur, 206. 
Quincey, Ex parte, 294. 

RAND V. Vanghan, 149. 
Randall v. Lynch, 84. 
Randle v. Lory, 92. 
Rankin v. Lay, 211. 
Rawlings v. Morgan, 198. 
Rawlin's Estate, In re, 36. 
Rawlins v. Turner, 68. 
Rawson v. Eicke, 45. 
Raymond v. Fitch, 220, 253. 
Readshaw r. Balders, 225. 
Redpatb v. Roberts, 231. 
Rees V. Davies, 308. 

V. King, 91. 

Reeve v. Bird, 281. 
Reg. V. Aylesbury, 227. 

V. Chawton, 81, 265. 

e. Everist, 110. 

V. Hockworthy, 69, 97. 

V. Raines, 177. 

V. Recorder of Richmond, 272. 

V. Slawstone, 272. 

V. Westbrook, 110. 

Regnart v. Porter, 51, 111, 131. 

Rex V. Banbury, 281. 

— — V. Cheshunt, 48. 

— — r. Chipping Norton, 14. 

V. Collett, 51. 

r. Cotton, 171. 

r. Dufficld North, 14. 

— — r. Jobling, 51. 

V. Kelstem, 48. 

V. Londonthorpe, 293. 

V. Osboume, 209. 

». Otley, 293. 

V. Topping, 90. 

Reynel's Case, 2 

Reynolds v. Barford, 182. 

r. Waring, 62. 

Rhodes v. Bullard, 87. 
Rich V. Bastcrfield, 191. 
—— V. Jackson, 70. 

V. WooUey, 164. 

Richardson r. Ardley, 184. 

V. Evans, 242. 

V. Gifford, 53, 54, 56, 68. 

V. Langridge, 60, 62, 65. 

Ricketts v. Weaver, 253. 
Ridgway v. Sneyd, 123. 

V. Stafford, 171. 

V. Wharton, 65. 

Right V. Bawden, 55. 

V. Beard, 51. 

V. Darby, 81. 

Riseley v. Ryle, 182, 183, 
Robbins v. Jones, 191. 
Roberts v. Barker, 57, 208. 

V. Brett, 87. 

V. Davev, 284, 

V. Hayward, 269. 

Robinson v. Hoffman, 116, 186, 

V. Learoyd, 303. 

V. Macdonnell, 96. 

V. Rosher, 245. 

V. Waddington, 169. 

Rockingham v. Penrice, 114. 
Roden v. Eyton, 167, 171. 
Rodgers v. Parker, 172, 173, 181. 
Roe V. Archbishop of York, 281. 
V. Charnock, 265. 

V. Galliers, 88. 

V. Harrison, 241, 242, 

V. Hayley, 275. 

V. Lees, 52. 

V. Paine, 194. 

V. Pierce, 269. 

V. Summerset, 30. 

V. Sales, 236. 

V. Ward, 267. 

V. Wilkinson, 265. 

Roffey V. Henderson, 297. 

Rogers r. Humphreys, 41, 116, 133. 

r. Pitcher, 129. 

Rolfe V. Peterson, 118. 
Rollason v. Leon, 68. 
Rolls V. Rock, 78. 
Roper r. Goombcs, 64. 
Rosse r. Wninman, 79. 
Roulston r. Clarke, 132. 
Rowles V. Mason, 1 5. 
Ruberv v. Stevens, 254, 256. 
Russeil V. Rider, 163. 

, Ei parte, 140. 

Ryall V. Rich, 304. 
Ryan r. Shilcock, 154. 



Ryan v. Thompson, 122. 
Ryley v. Hicks, 68. 

SACHEVERELL v. Froggatt, 84. 
Saffyn's Case, 107. 
Sainter v. Ferguson, 65. 
Salmon v. Matthews, 110. 
Saltoun V. Houstoun, 84. 
Sampson v. Easterby, 84, 248. 
Sanders v. Kamell, 56. 
Sapsford v. Fletcher, 121. 
Saunders v. Merryweather, 89. 

V. Oliffe, 76. 

V. Wakefield, 62. 

Saunderson v. Hanson, 120, 121. 
Saward v. Leggatt, 192. 
Say V. Bai-wick, 44. 

V. Smith, 81. 

Scales V. Lawrence, 194. 
Scott V. Buckley, 154. 
Seers v. Hind, 241. 
Selby V. Greaves, 111. 

V. Selby, 61. 

Semayne's Case, 155. 
Senior v, Armytage, 301. 
Seton V. Slade, 61. 
Sharp V. Milligan, 86, 
Shaw V. Kay, 80, 195. 

V. Stenton, 233. 

Shillibeer v. Jarvis, 63. 
Shippey v. Derrison, 61. 
Shopland v. Ryoler, 236. 
Simmons v. Norton, 199, 218. 
Simons v. Farren, 204. 
Simpkin v. Ashhurst, 49. 
Simpson v. Hartopp, 138, 139, 141. 
V. Scottish Union Insurance 

Co., 222. 
. V. Titterell, 284. 

Sims V. Thomas, 187. 
Six Carpenters' Case, 166. 
Skerry v. Preston, 129. 
Skull V. Glenister, 69, 76. 
Slack V. Crewe, 31. 
Slator V. Brady, 4, 5. 

V. Trimble, 4. 

Sleap V. Newman, 255. 
Slingsby's Case, 87. 

Slipper r. Tottenham and Hamp- 

stead Junction Ry. Co., 241. 
Smallman v. Pollard, 183. 
Smith V. Ashforth, 157, 159. 

V. Chance, 212. 

V. Clark, 272. 

V. Eldridge, 188. 

V. Goodwin, 158, 166. 

V. Humble, 120, 228. 

Smith V. Low, 5, 42, 43. 

V. Malings, 126. ' 

V. Mapleback, 112, 237, 279. 

V. Marrable, 202. 

V. Peat, 197. 

V. Ridgway, 76. 

T. Russell, 141, 183. 

V. Twoart, 188. 

V. White, 201. 

V. Wilson, 71. 

V. Wright, 162. 

Snell V. Snell, 219. 

Solme V. Bullock, 76. 

Somerset v. Fogwell, 69. 

Sorsbie v. Park, 87. 

Soulsby V. Neving, 302, 804. 

Souter V. Drake, 252. 

Southwark (St. Saviour's) v. Smith, 

Spencer v. Marriott, 234, 238. 
Spencer's Case, 110, 247, 248, 259. 
Spenser's Estates, In re, 2. 
Spice V. Webb, 156. 
St. Alban's v. Ellis, 84, 85. 

r. Shore, 87. 

St. Saviour's (Southwark) v. Smith, 

Staines v. Morris, 250, 251. 
Standen v. Christmas, 252. 
Staniforth v. Fox, 46. 
Stanley v. Hayes, 232. 

V. Wharton, 145, 147. 

Stansfield v. Mayor of Portsmouth, 

Staveley v. Allcock, 136. 
Steele v. Mart, 73, 80. 

V. Midland Ry. Co., 75. 

Steer v. Crowley, 96. 
Steeven's Hospital v. Dyas, 15. 
Stevens v. Copp, 249. 
Steiglitz V. Egginton, 31. 
Stevenson v. Lambard, 126, 246, 

V. Newnham, 152. 

Stevenson's Case, 84. 
Stiles V. Cowper, 29. 
Stokes V. Moore, 61. 
Stone V. Whiting, 281. 
Storey v. Robinson, 140. 
Story V. Johnson, 5. 
Stranks v. St. John, 64. 
Stroud, In re, 52, 70. 
Stubbs V. Parsons, 1 20. 
Sturgeon v. Wingfield, 42. 
Sturgess v. Farringdon, 121, 
Stvles V. Wardle, 80. 
Sucksmith v. Wilson, 301. 
Sullivan v. Bishop, 111, 304. 



Sumner v. Bromilow, 297, 298. 
Surcomc v. Pinnigcr, 03. 
Snrplico v. Famsworth, 126. 
Sntbcrland v. Brigga, 63. 
Sutton V. Temple, 12.'), 202. 
Swaine v. Holman, 13. 
Swann v. Falmouth, 156, 163. 
Swatman v. Ambler, 103. 
Sweet V. Scager, 227. 
Swinfen v. Bacon, 302. 
Swire v. Leach, 139, 140. 

TANCBED V. Christy, 302. 

V. Ley land, 151, 152. 

Tanner v. Christian, 103. 
Tarte v. Derby, 46. 
Tatem v. Chaplin, 247. 
Taunton v. Costar, 305. 
Taylerson v. Peters, 149. 
Taylenr v. Wildin, 274. 
Taylor v. Caldwell, 47. 
' V. Jackson, 44. 

V. Lanyon, 181. 

V. Meads, 9. 

V. Needham, 42. 

V. Portington, 65. 

V. Sham, 249, 255. 

V. Zamira, 121, 122. 

Tempest v. Bawling, 45. 

Temple v. Brown, 64. 

Tennant v. Field, 166, 159, 165, 

Tew V. Jones, 51. 
Theed v. Starkev, 226. 
Thetford v. Tyler, 55, 189. 
Thomas v. Cook, 281. 

V. Harries, 156, 160. 

V. Hayward, 247, 248, 249. 

V. Packer, 57. 

V. Thomas, 267. 

Thompson v. Hakewill, 88. 

V. Lai)worth, 227. 

V, Maberly, 265. 

V. Mashitcr, 140. 

Thorn v. Woolcombe, 237. 
Thornton v. Adams, 148. 

V. Sherratt, 206. 

Thresher v. E. London Waterworks 

Co., 295. 
Thunder v. Belcher, 41, 236. 
Thynne v. Gleugall, 62, 65. 
Tidey v. Mollett, 68. 
Tidswell r. Whitworth, 228. 
Tiramins v. Rowlison, .304. 
Tinckler v. I*renticc, 119, 225. 
Toler V. Slater, 12, 104. 
Tomlinson r. Day, 126. 

Tookcr V. Smith, 57. 
Toplis V. Grane, 152. 
Torriano v. Young, 189, 200. 
Towne v. D'Heinriche, 108, 188. 
Townrow v. Benson, 119. 
Trappes v. Harter, 293, 296. 
Tremeere r. Morrison, 255. 
Trent v. Hunt, 116, 134, 165. 
Tress v. Savage, 53, 54. 
Turner v. Allday, 112, 

V. Barnes, 149. 

V. Cameron, 139, 293. 

r. Camerons, &c. Co., 107. 

V. Ford, 171. 

V. Hutchinson, 31. 

V. Meymott, 305. 

V. Power, 66, 94. 

Tutton V. Darke, 150. 

UPTON V. Fergnsson, 230. 
V. Townend, 230, 231. 

VALLIANT V. Dodemede, 249, 

Van V. Corpe, 86, 238. 
Vasper v. Eddows, 163. 
Venning v. Bray, 115. 
Vere v. Loveden, 86. 
Vernon v. Smith, 247. 
Vertue v. Beasley, 166. 
Vivian v. Blomberg, 20. 
Vonhollen v. Knowles, 74. 
Vowles V. Miller, 216. 
Vyvyan v. Arthur, 247. 

WADDILOVE V. Bamett, 116. 
Wadham v. Marlowe, 250, 257. 
Wagstafif V. Clack, 141. 
Wain V. Warlters, 62. 
Wakefield v. Brown, 247. 
Wakeman v. Lindsey, 164. 
Walker v. Giles^ 72. 

V. God^, 56, 267. 

V. Hatton, 192, 238, 239. 

V. Richardson, 281. 

Walker's Case, 127. 
Wallace v. King, 169, 180. 

r. M'Laren, 116. 

Waller v. Andrews, 120, 122. 
Wallis V. Delmar, 263. 
Walls r. Atcheson, 231. 
Walmsley r. Milne, 293. 
Walsall V. Heath, 12. 
Walter v. Rumbal, 165, 170. 

'Walters v. Northern Coal Mining 
Co., 66. 



Wankford v. Wankford, 30. 
Wansbrongh v. Maton, 293. 
Ward V. Andrews, 217. 

V. Byrne, 203. 

V. Const, 228, 

V. Day, 47, 286, 287. 

•^^ V. Hartpole, 44. 

V. Lnmley, 281. 

— ■- V. Shew, 134. 
Warden v. Usher, 295. 
Warman v. Faithfull, 46. 
Warner v. Willington, 62. 
Warwicke v. Noakes, 129, 
Washbom v. Black, 168, 159. 
Watherell v. HoweUs, 198. 
Watkins v. Gravesend and Miltxjn 

Union, 47. 
Watson V. Atkins, 228. 

V. Home, 228. 

V. Main, 149. 

V. Wand, 83. 

Weakly v. Bucknell, 54, 
Weatherall v. Geering, 241. 
Weaver v. Sessions, 205, 
Webb V. Austin, 42, 
V. Plnmmer, 208, 301. 

V. Rorke, 44. 

V. Russell, 252. 

Weeton v. Woodcock, 296, 
Weigall v. Waters, 119, 191. 
Wells V. Moody, 156, 167. 
Welsh V. Rose, 151. 

West V. Dobb, 242, 248, 

V. Fritch, 104, 

V. Nibbs, 166. 

Westwood V. Cowne, 168, 
Whalley v. Tompson, 76, 
Wharton v. Naylor, 141. 
Wheeler v. Branscombe, 116, 

V. Montefiore, 107, 

V. Stevenson, 231. 

Whistler v. Pasloe, 78, 
Whitchurch v. Bevis, 64. 
White V. Binstead, 184. 

V. Foljambe, 42. 

V. Wakley, 196. 

Whiteacre v. Symonds, 274. 
Whitehead i-. Bennett, 296, 

V. Clifford, 279, 

V. Taylor, 136, 

Whitfield V. Brandwood, 120, 228. 

V. Weedon, 215, 

Whitley v. Roberts, 137. 
Whitlock V. Horton, 72. 
Whitlock's Case, 84. 

Whitmore v. Walker, 116, 121, 122. 
Whittaker v. Barker, 301. 
Whitty p, DUlon, 217. 

Whitworth v. Maden, 181. 
Wickenden v. Webster, 203. 
Wickham v. Hawker, 261.' 

V. Lee, 304, 

Wigglesworth v. Dallison, 300, 301. 
Wildbor v. Rainforth, 305. 
Wilde V. Waters, 298. 
Wilder v. Speer, 162. 
Wilkinson v. Colley, 271, 

V. Ibbett, 170, 

V. Rogers, 205, 247. 

V. Terry, 152. 

Willcox V. Marshall, 62. 
Williams v. Bartholomew, 117. 

V. Bosanquet, 245, 247, 

V. Burrell, 234, 

V. Earle, 248. 

V. Evans, 245. 

V. Hayward, 237, 

V. Holmes, 132, 139, 

V. Lake, 61, 62. 

V. Lewsey, 182. 

V. Roberts, 146, 147. 

Willoughby v. Backhouse, 156- 
Wills V. Stradling, 63. 
Willson V. Davenport, 119. 
Wilmot V. Rose, 210, 

Wilson V. Chisholm, 46. 

V. Hart, 238. 

V. Nightingale, 164. 

V. Whateley, 297. 

V. Wilson, 220, 

Wilton V. Dunn, 116. 
Wiltshear v. Cottrell, 293. 
Winn V. Ligleby, 294. 

V. White, 196. 

Winterbottom v. Ingham, 51. 
Winterboume v. Morgan, 172. 
Wiscot's Case, 1 1. 

Withers v. Bircham, 87. 
Witton V. Bye, 112. 
Witty V. Williams, 132, 
WoUaston v. Hakewill, 237, 246, 
254, 255, 

V. Stafford, 158. 

Wolveridge v. Steward, 250, 251. 
Wood V. Clarke, 139. 

V. Lcadbitter, 47, 69, 

V. Manley, 47. 

V. Nunn, 148, 156. 

V. Tate, 14. 

Woodcock V. Worthington, 106. 
Woodhouse v. Jenkins, 234. 
Woods V. Dnrrant, 159. 

V. Pope, 198. 

Woodward v. Gylos, 1 18. 
Woolcock V. Dew, 193. 
WooUam v. Ucam, 69. 



Wootley V. Grcgoiy , 1 65. 
Worthington i-. Gimson, 7G. 

V. Warrington, 97. 

Wotton V. Hele, 233. 
Wright V. Colls, «5. 

V. Smith, 302. 

V. Stavert, 61. 

Wyburd r. Tuck, 80. 
Wyndham v. Way, 78, 294. 

YATES V. Ratledge, 182, 183. 

V. Tearie, 175. 

Yaw V, Leraan, 228. 

Yellowly v. Gower, 31, 190, 200. 

Yeoman v. Ellison, 137. 

ZOUCH V. Parsons, 4, 5. 
V. Willingale, 278. 


The letter t. indicates tliat the reference to the Statute is contained 
in the text. The letter n. refers to the foot note containing the 
reference to the Statute. Where neither of these letters is appended 
to the number of the page, the reference to the Statute may bo 
found in the margin; an<l, generally, in that case, the essential 
words of the Statute are quoted. 

61 Hen. 3, Stat. 4 
52 Hen. 3, c. 4 . . 
52 Hen. 3, c. 15 . . 
3Edw. 1, c. 16 .. 
7 Edw. 1, Stat. 2, c. 1 .. 
32 Hen. 8, c. 28, ss. 1, 2, 4 
32 Hen. 8, c. 34, ss. 1, 2 
32 Hen. 8, c. 37, ss. 1, 3 
5 & 6 Edw. 6, c. 16, ss. 2, 3 
1 & 2 Ph. & M. c. 12, s. 1 
s. 2 

1 Eliz. c. 19, 8. 5 . . 

13 Eliz. c. 10, s. 3 

14 Eliz. c. 11, ss. 17, 19.. 
14Eliz. c. 14 

18 Eliz. c. 11, s. 2 
39 Eliz. c. 5, s. 2 , . 

15 Car. 2, c. 17, s. 8 .. 
19Car. 2, c. 6 .. 

29 Car. 2, c. 3, 88. 1,2 .. 

8. 3 

s. 4 

2 Will. & M. sess. 1, c. 5 


s. 3 


s. 5 

1 Anne, stat. 1, c. 7, ss. 5, 6 

2 & 3 Anne, c. 4.. 

4 Anne, c. 16, s. 9 

5 Anne, c. 18 

6 Anne, c. 18, s. 1 

8. 2 

88. 3, 5 . . 

6 Anne, c. 35 

145 n 

ICOf., 164, 



.. 143 

.. 157 


(h), 161 n. (d) 

15 n. (x) 


.. 252 

.. 135 

2 11. (c) 


.. 174 




18 n. (k) 


18 n. fk) 


276 11. (e) 


244, 279 


.. 159 f. 

w. (s), 167, 169 

137, 160, 171 

.. 163 

.. 179 


. . 105 

♦ 117,253 

.(a), 117,253 


. . 276 

276 «. (f) 

.. 277 

.. 105 



7 Anne, c. 12, s. 3 

7 Anne, c, 20 

8 Anne, c. 14 

8. 1 


88. 6,7 

2 Geo. 2, c. 22, s, 18 

4 Goo. 2, c. 28 . . 

8. 1 


8 Geo. 2, c. 6 

8 Geo. 2, c. 24, ss. 4, 5 

9 Geo. 2, c. 36, 8. 1 

8.3 . 

11 Geo. 2, c. 19 .. 

8. 1 


88. 3, 4 




8. 10 

8. 14 

8. 16 


8. 18 

8. 19 

8. 20 

5 Geo. 3, c. 17, 8 1 

13 Geo. 3, c. 81, s. 16 

14 Geo. 3, c. 78 . . 



38 Geo. 3, c. 5, 8. 17 

39 & 40 Geo. 3, c. 41 

47 Geo. 3, se88. 2, c. 26, 

48 Geo. 3, c. 73 . . 
48Geo. 3,0.149, 83. 22 
52 Geo. 3, o. 161.. 

65 Geo. 3, c. 184, s. 8 

56 Geo. 3, c. 60, 88. 1, 2 




8. 11 

57 Geo. 3, c. 52 . . 
57 Geo. 3, c. 93, 8. 1 




}eo. 4, <^26, 8. 57 . 
Geo. 4,^50,88. 22— 

3 Geo. 4, 


11 Geo. 4 & 1 WUl. 4, c 

1 & 2 Will. 4, c. 32, S3. 

24, 26- 



65, 8. 12 

8. 15 

8. 16 

8. 17 

8,11 .. 

23 nn 

138, 145; 

(n), (y), 24 


143 n. (u) 


. . 158 t. 

181, 184 t. 

146n. (n) 

.. 149 

119 n. (t) 
.. 159 <. 
.. 302 

119n. (t) 
, (c), 25 n. (e) 
22, 23, n. (n) 
.. 164 «. 
.. 147 
.. 146 
160, 168 t.y 173 n. (s) 
160, 164 n. (t), 166 
.. 158 
. . 310 
.. 310 <. 
.. 304 
.. 180 
.. 181 
.. 247 t 
.. 222 
.. 190 

120 n. (e) 
18 n. (m) 
. . 22 t. 
73 n. (r) 
. . 22 t. 

73 n. (r), 96 t. 

.. 209 

. .* 209 t. 

.. 142 

.. 208 

.. 210 

810 n. (a) 


.. 174 

.. 175 

167 n. (i), 174 

69 n. (i) 


. . 93 ^, 

. . 6, 12 


.. 6,12 


.. 259 



1 &2Win. 4, c. 32, 8. 12 260 

8 & 4 Will. 4, c. 27, 8. 2 150 

. 8.42 151,188 

3 & 4 Will. 4, c. 42, 8. 3 187 

88.4,5 188n. (g) 

.8.37 135 

8.38 136 

8 & 4 Will. 4, c. 74, 88. 16, 34 26 

8. 40 26, 27 

8.41 27 

83.77,79 9 

5 & 6 Will. 4, c. 76, 88. 94, 95, 96 21 

6 & 7 Will. 4, c. 20, 8. 1 20 

8.4 21 

6 & 7 Will. 4, c. 64 20 «. (r) 

6 & 7 Will. 4, c. 71, 8. 70 120 ». (h) 

6 & 7 Will. 4, c. 104, 8. 2 21 

1 & 2 Vict. c. 74, 8. 1 306 

8. 2 308 

8. 3 309 

8. 4 309 ^. 

1 & 2 Vict. c. 106, 8. 28 21 

8.59 19 

2 & 3 Vict. c. 71, 8. 39 179 

6 & 6 Vict. c. 27 16, 20 «. 

8.15 16». (b) 

5 & 6 Vict. c. 35, 8. 60 223 ra. (e) 

8. 73 225 

8. 103 119 «. (z), 225 

5 & 6 Vict, c. 97, 8. 2 164 «. (n), 310 t. 

5 & 6 Vict. c. 108 19^., 20^. 

88.1—9,18,20—32 IG 

6 & 7 Vict. c. 40, 88. 1, 2 142^. 

ss. 18, 19 142 

7 & 8 Vict. c. 66, 8. 5 13 

7 & 8 Vict. c. 96. 8. 67 182 

8 & 9 Vict. c. 106, 8. 2 72, 82 ». (m) 

8.3 67,244,279 

8. 9 282 

8 & 9 Vict. 0. 124, 88. 1, 2, 3 317 

88.4—8 318 

12 & 13 Vict. c. 26, 88. 2, 4 32 

8. 5 32 ». (o) 

8.7 33 

12 & 13 Vict. c. 92, 88. 5, 6 161 

13 Vict. c. 17, 8. 2 34 

8. 3 33 

14 & 15 Vict. c. 25, 8. 1 299 

8.2 141, 142 ». (t), 184 

8. 3 295 

8.4 ^ .. 225 

14 & 15 Vict. c. 99, 8. 6 ^ . . 106 If. 

14 & 15 Vict. c. 104, 8 11 19 

15 & 16 Vict. c. 76, 8. 209 815 

8. 210 284 «. (o), 285, 288 n. (o) 

s. 21 1 28.>< 

s. 212 2S9 

3.213 313 



19 & 20 Vict, c 

15 & IG Vict. c. 76, 8. 214 

8. 218 

15 & 16 Vict. c. 80 

16 & 17 Vict. c. 70, 88. 113, 114, 115 

8. 127 

88. 129, 130—134 

17 & 18 Vict. c. 60, 8. 1 . . 
17 & 18 Vict, c, 125, 88. 79—82 
19 & 20 Vict. c. 108, 88. 50, 52 

88. G:5, 64 

88. 65, 66 

8. 70 

8. 71 

120, 88. 2—10 

8. 2 



8. 5 







88. 17, 18 

ss. 19,20 

8. 26 

8. 27 

88. 28, 29 

8. 32 

8. 33 

8. 34 


88. 37, 38, 

8. 40 



21 & 22 Vict. c. 27, 8. 2 
21 & 22 Vict. c. 44 
21 & 22 Vict. c. 67 

8. 1 .. 

8. 9 . . 

21 & 22 Vict c. 77, s. 1 

22 & 23 Vict. c. 35 



8. 4 


8. 8 

88. 1,2 
8. 3 

88. 4, 6, 6 

8. 9 
8. 12 

s. 27 







; n. (i) 


n. (q) 



200 n. (8) 




177 ^ 



, 8, 11 


37 ^ 

35 f. 











35 t. 




10, 36 t. 





35 n. (r) 


22 t. 

20 t. 




35 n. (s) 


35 n. (t) 

40 n. (y) 

11«. (g) 

290 t. 





222 t. ■ 






23 & 24 Vict. c. 38, s. 6 .. 287 

23 & 24 Vict. c. 59, s. 3 22*. 

23 & 24 Vict. c. 124, s. 8 19 

23 & 24 Vict. c. 12G, ss. 1, 2, 3 290 

ss. 4— 11 290 t. 

24 Vict. c. 9 26 «. (e) 

, s. 1 23«. (X) 

24 & 25 Vict. c. 21, 8. 2 205 t. 

24 & 25 Vict. c. 105 20 

24 & 25 Vict. c. 133, s. 38 120 «. (g) 

25 & 26 Vict. c. 52 20 

25 & 26 Vict. c. 89, s. 84 143 t 

8.163 143 

26 & 27 Vict. c. 49, ss. 21— 26 22 t. 

26 & 27 Vict. c. 106 24 w. (d) 

27 & 28 Vict. c. 45, 8. 1 39 w. (x) 

8. 3 35 «. (r) 

28 & 29 Vict. c. 96, 8. 2 169 w. (s) 

28 & 29 Vict. c. 99, s. 1 62 n. (o) 

29 & 30 Vict. c. 57, 8. 2 24 «. (b) 

29 & 30 Vict. c. 81 16 ». (a) 

30 & 31 Vict. c. 142, s. 11 315 

31 & 32 Vict. c. 44 23 «. (t) 

32 & 33 Vict. c. 41, ss. 1, 2 224 

s. 3 224w. (h) 

s. 4 224 «. (i) 

s. 8 224 

32 & 33 Vict. c. 70, s. 89 224 ra. (g) 

32&33 Vict. c. 71, s. 11 186 «. (c) 

s. 15 256». (u) 

s. 17 256 

ss. 23, 24 257 

s. 34 152«. (y), 186 

. 8. 35 187 

8.125(7) 187 

8.125(9) 187«. (e) 

33 Vict. c. 14, 8. 2 13 

33 & 34 Vict. c. 23, ss. 6, 8 14 

8. 10 2.58 

s. 12 14, 2r)8 

s. 14 258 

33 8i 34 Vict. c. 85, ss. 2, 3, 4 127 

s. 5 127 tt. (y) 

8.7 128 

33 & 34 Vict. c. 93 9 n. (e) 

33 & 34 Vict. c. 97 98 

s. 8 97 

s. 10 96 

ss. 15, 16 94 

s. 17 95 

s. 9.-? # .. 102 

s. !)(> 66 

: s. 97 99 

s. 98 100 

ss. 99, 100 101 

sched 67, 96 n. (r), 102, 168, 279 n. (m) 

33 & 34 Vict. c. 99 73 n. (r) 



A. & E. . . 

. . Adolphns & Ellis's Reports. 


. . Aleyn's Reports. 


. . Ambler's Reports. 


. . Anstrather's Reports. 


. . Atkyn's Reports. 

Bac. Abr. . . 

. . Bacon's Abridgment, tit Leases (Sth E<lit. by 

. . Ball & Beatty's Reports. 

BaU & B. . . 


. . Barnes's Notes of Cases. 

B. & A. . . 

. . Bamewall & Alderson's Reports. 

B. &Ad. .. 

. . Bamewall & Adolphns's Reports. 

B. & C. . . 

. . Bamewall & Cresswell's Reports. 

B. & S. . . 

. . Best & Smith's Reports. 


. . Beavan's Reports. 


. . . . Bingham's Reports. 

Bing. N. C. 

. . Bingham's New Cases. 

Black. Cora. 

. . Blackstone's Commentaries. 


. . Henry Blackstone's Reports. 

W. Bl. 

. . Sir William Blackstone's Reports. 


. . Bligh's Honse of Lords' Reports. 

Bli., N. S. . . 

. . Bligh's Reports, New Series. 

B. & P. . . 

. . Bosanqnet & Puller's Reports. 

B. & P. N. R. 

. . Bosanqnet & Puller's New Reports. 

0. Bridg. Rep. 

.. Sir Orlando Bridgman's Reports, by Bannister. 

B. & B. . . 

, . Broderip & Bingham's Reports. 

Bro. C. C. . . 

. . . . Brown's Chancery Cases. 

Bro. P. C. .. 

. . Brown's Parliamentary Cases. 

Bullen & Leake's 

Pleadings Bullen & Leake's Precedents of Pleadings. 

Ball. N. P. . . 

. . Buller's Nisi Prius. 


. . Bulstrode's Reports. 

Burr. ^ 

. . Burrow's Reports. 


. . Campbell's Reports. 

Car. & M. . . 

. . Carrington & Marshman's Reports. 

C. &K .. 

. . Carrington & Kirwan's Reports. 

C. & P. . . 

. . Carrington & Payne's Reports. 

C. B. 

. . Common Bench Reports. 

C. B., N. S. 

. . Common Bench Reports, New Scries. 


Ch. Cas. . . . . . . Cases in Chancery. 

Chit. Chitty's Reports. 

Ch. PI Chitty on Pleading (7th Edit). 

Co. Lit Coke on Littleton (Hargravc & Butler's Edit.). 

Co. R. . . . . . . Coke's Reports. 

Coll. P. C CoUes's Parliamentary Cases. 

Com. Dig . . Comyn's Digest. 

Cowp. Cowper's Reports. 

Cox Cox's Reports. 

Cro. Eliz Croke's Reports, Part 1. 

Cro. Jac. . . . . . . Croke's Reports, Part 2. 

Cro. Car Croke's Reports, Part 3. 

Cr. & J Crompton & Jcrvis's Reports. 

Cr. & M. . . . . . . Crompton & Meeson's Reports. 

Cr., M. & R. . . . . Crompton, Meeson & Roscoe's Reports. 

D. & L Dowling & Lowndes's Reports. 

D. & R. . . . . . . Dowling & Ryland's Reports. 

Dart V. & P Dart on Vendors and Purchasers (4th Edit.), 

De G., F. & J. . . . . De Gex, Fisher & Jones's Reports. 
De G. & J. . . . . . . De Gex & Jones's Reports. 

De G. & S De Gex & Smales's Reports. 

De G., J. & S. . . . . De Gex, Jones & Smith's Reports. 

De G., M. & G De Gex, Macnaghten & Gordon's Reports. 

Dougl. . . . . . . Douglas's Reports. 

Dow . . . . . . Dow's Parliamentary Cases. 

Drew. . « . . . . Drewry's Reports. 

E. & B Ellis & Blackburn's Reports. 

E. &E Ellis & Ellis's Reports. 

East.. .. .. .. East's Reports. 

E., B. & E Ellis, Blackburn & Ellis's Reports. 

Esp. . . . . . . . . Espinasse's Reports. 

Ex . . Exchequer Reports. 

F. & F Foster & Finlason's Reports. 

Forrest . . . . . . Forrest's Reports. 

G. & D. . . . . . . Gale & Davison's Reports. 

Giff Giffard's Reports. 

Godb. Godbolt's Reports. 

Gow . . . . . . Gow's Reports. 

H. & C Hurlstone & Coltman's Reports. 

II. & N . . Hurlstone & Norman's Reports. 

Hardr. . . . . . . Hardres's Reports. ^ 

Hare . . . . . . Hare's Reports. 

Hem. & M Hemming & Miller's Reports. 

Hill's Rep Hill's Reports (New York). 

H. L. C. . . . . . . House of Lords Cases. 

Hob. Hobart's Reports. 

Holt, N. P Holt's Nisi Prius Cases. 



Ir.C. L.R... 

. . Irish Common Law Reports. 

Tr. Ch. R. .. 

. . Irish Chancery Reports. 

J. & II. .. 

. . Johnson & Ilemming's Reports. 

Jarni. Conv. 

. . Jarman's Conveyancing, by Swee 

W. Jones . . 

. . Sir William Jones's Reports. 


. . Jurist (New Series). 

Jar., 0. S. . . 

. . Jarist (Old Series). 

K. & J. . . 

. . Kay & Johnson's Reports. 


. . Keen's Reports. 

Ld. Een. . . 

. .. Lord Kenyoc's Reports. 


. . Leonard's Reports. 

Lev. . . 

. . Levinz's Reports. 


. . Littleton's Tenures. 

L. J. 

. . Law Journal, New Series. 

L. R. 

. . The Law Reports. 

L. T., N. a 

. . Law Times, New Series. 


. . Lntwyche's Reports. 

M. & Gr. . . 

. . Manning & Granger's Reports. 

M. & M. . . 

. . Mocdy & Malkin's Reports. 

M. &P. .. 

. . Moore & Payne's Reports. 

M. & S. . . 

. . Maule & Selwyn's Reports. 

M. & Sc. . . 

. . Moore & Scott's Reports. 

M. & W. . . 

. . Meeson & Welsby's Reports. 


. . M'Cleland's Reports. 

M'Clel. & Y. 

. . M'Cleland & Younge's Reports. 

Mac. & G. . . 

. . Macnaghten & Gordon's Reports. 

Macqucen . . 

. • Macqueen's House of Lords Cas 


. . Maddock's Reports. 

Man. & Rj, 

. . Manning & Ryland's Reports. 


. . Marshall's Reports. 


. . Merivale's Reports. 


. . Modem Reports. 


. . J. B. Moore's Reports. 

Moo. & R. . . 

. . Moody & Robinson's Reports. 

Moo. & Sc. . . 

. . Moore & Scott's Reports. 

Moore, P. C. C. . 

. . Moore's Privy Council Cases. 

My. & Cr. . . 

. . Mylne & Craig's Reports. 

My. & K. . . 

. . Mylne & Keen's Reports. 

N. & P. . . 

. . Nevile & Perry's Reports. 

P. & D. . . 

. . Perry & Davison's Reports. 


. . Parker's Reports. 

Peake, N. P. C. . 

. . Peake's Nisi Prius Cases. 

Peake'sAdd. Cas.. 

. . Peake's Additional Cases. 


. . Phillip's Reports. 


. . Plowden's Commentaries. 


. . Popham's Reports. 


. . Price's Reports. 


P. W. Peere Williams's Reports. 

Q. B. . . . • • • Queen's Bench Reports. 

R. & R. C. C Russell & Ryan's Crown Cases. 

Ld. Raym . . Lord Raymond's Reports. 

Ridg. P. C. . . . . Ridgeway's Parliamentary Cases. 

Rol. Abr. . . . . . . RoUe's Abridgment. 

Ross. Russell's Reports. 

Russ. & M Russell & Mylne's Reports. 

Ry. & M. . . . . . . Ryan & Moody's Reports. 

Salk. . . . . . . Salkeld's Reports. 

Sannd. . . . . . . Saunder's Reports. 

Sc. N. R Scott's New Reports. 

Sch. & Lef. . . . . Schoales & Lefroy's Reports. 

Scott Scott's Reports. 

Selw. N. P Selwyn's Nisi Prins (13th Edit.). 

Shep. Touch. . . . . Sheppard's Touchstone. 

Sid. . . . . • . • . Siderfin's Reports. 

Sim. . . . . . . Simon's Reports. 

Sim. N. S. . . . • . . Simon's Reports, New Series. 

Sm. & G Smale & Giffard's Reports. 

Smith, L. C Smith's Leading Cases (6th Edit.). 

Smith, L. & T Smith on Landlord and Tenant. 

Stark. Starkie's Reports. 

Stra. Strange's Reports. 

Styles . . . . . . Styles's Reports. 

Sug. V. & P. . . . . Sugden on Vendors and Purchasers. 

Swanst. . . . . • • Swanston's Reports. 

Taunt. . . . . • . Taunton's Reports. 

T. R. Dumford & East's Term Reports. 

Tyr. Tyrwhitt's Reports. 

Tyr. & Gr Tyrwhitt & Granger's Reports. 

V. & B. . . . . . . Vesey & Beames's Reports. 

Vaugh . . Vaughan's Reports. 

Ventr. . . . . . . Ventris's Reports. 

Vem. . . . . . . Vernon's Reports 

Ves... .. .. .. Vesey junior's Reports. 

Wh. & Tud. L. C. Eq. . . White & Tudor's Leading Cases in Equity. 
Willes . . . . . . Willes's Reports. 

Williams on Exors. . . Williams on Executors. 

Wils. . . . . . . Wilson's Reports. 

Wms. Saund. . . . . Saunders's Reports, by Williams. 

Woodfall, L. & T Woodf all's Lan^ord and Tenant. 

Y. & C. C. C Younge & Collyer's Chancery Cases. 

Y. & C. Ex. . . . . Younge & Collyer's Exchequer Cases. 

Y. & J. . . . . . . Younge & Jer^'is's Reports. 

Yelv. . . . . . . Yelverton's Reports. 

Yo. . . . . . . . . Younge's Reports. 

F. C 

( xxxiv ) 


Page 30, note (rf), for " Doe v. HoA/eg'* read ''Doe t. 8turge^* (the mar- 
ginal headings to this case in Tannton's Reports are wrong). 

„ 164, last line of text, for " tenant" read " landlord." 


^m 4 ^M&brA m\A ^tmni 




Sect. I. Property capable op being let 1 

II. Persons capable of making and taking leases . . 2 

(1) Restrictions arising from disability.. .. .. 2 

Infants . . . . . . . . . . . . 2 

Lunatics . . . . . . . . . . . . 7 

Married women . . . . 9 

Aliens . . . . . . . . . . . . 13 

Convicts . . . . . . . . . . . . 14 

Corporations . . . . . . . . . . 14 

Ecclesiastical . . . . . . . . . . 15 

Municipal . . . .' . . . . . . 21 

The crown 22 

Trustees for charitable uses . . . . . . 22 

(2) Restrictions arising from limited interest . . . . 26 

Tenants in tail . . . . . . . . . . 26 

Tenants for life 28 

Copyholders 29 

Joint tenants . . . . . . . . . . 30 

Trustees 30 

Executors and administrators . . . . . . 30 

Agents . . . . . . . . . . . . 31 

Leases under powers . . . . . . . . 31 

Leases of settled estates . . . . . . . . 34 

Mortgagor and mortgagee . . . . . . 41 

Leases by estoppel . . . . . • . . 42 

(3) Restrictions arising from confidential relations . > 43 
in. An actual letting 44 

Agreements distinguished from leases . . . . . . 44 

IV. Op the exclusive possession op the premises . . 47 

Licences distinguished from leases . . . . . . 47 

Occupation as servant or agent . . 47 

Sect. I. — Property/ capable of being let. 

In accordance with the rule that whatever may be 
granted for ever may be granted for a time, leases may General role, 
be made of all kinds of interests and possessions; not 
P. / B 


only of lands and houses, but also of goods and chattels, 
live stock and incorporeal hereditaments (a). 
Exceptions. But oflSces to which a trust is annexed (i), or which 

concern the administration of justice, cannot be abso- 
lutely leased for years (c). 

Dignities and honours cannot be granted for years {d ). 

Assignments of pensions granted by the crown for 
military services are void (e). 

Sect. II. — Persons capable of making and taking 
Alien enemies. Alien enemies, since they are disabled from maintain- 
ing any action or getting anything within the realm {/), 
can neither make nor take leases of any kind of property. 
But in other cases leases for limited terms, and sub- 
ject to the observance of conditions and restrictions, 
may be granted or accepted by, or on behalf of, persons 
ordinarily unable to contract, or possessing only a 
limited interest in the demised premises. 

(1) Restrictions arising from Disability. 
Infants. Where any person under the age of twenty-one 

years shall be seised or possessed of (^), or entitled to 

(a) See Bac. Abr. ( A. ) 7. 

(h) It wonld seem that the 
patronage of a grammar-school, 
granted bv letters-patent to the 
founder and his heirs, is capable 
of being leased. See Att.-Qen. v. 
Brentwood School, 3 B. & Ad. 59. 

(c) Bac. Abr. (A.) 8—10; 
ReyneVs Cote, 9 Co. R., at p. 
96 b ; Howard v. Wood, 2 Lev. 
245 ; see also Stat. 5 & 6 Edw. 6, 
c. 16, ss. 2, 3. 

(rf) Bac. Abr. (A.) 10 ; Co. Lit. 

16 b ; 9 Co. R. 97 b. 

(e) Stat. 47 Geo. 3, sess. 2, c. 25, 
8. 4 ; Lloyd v. Cheetham, 3 Giff. 
171; 30 L. J., Ch. 640. See 
Heald v. Hay, 3 Giff. 467 ; 31 
L. J., Ch. 311 ; Carew v. Cooper, 
4 Giff. 619 ; 33 L. J., Ch. 289 ; 
13 W. R. 586. 

(/) See Calvin's Cote, 7 Co. 
R., at p. 17. 

{g) See In re Clark, 35 L. J., 
Ch. 314; L. R., 1 Ch. 292 ; In 
re Spenser's Estates, 37 L. J., 


any land in fee or in tail, or to any leasehold land for Stat, li Geo. 4 
an absolute interest, and it shall 'appear to the Court c. 65 s. iV. * 
of Chancery to be for the benefit of such person that a Leases may be 
lease or underlease should be made of such estates for tion of Court 
terms of years, for encouraging the erection of buildings °^ Chancery, 
thereon, or for repairing buildings actually being thereon, 
or the working of mines, or otherwise improving the same, 
or for farming or other purposes, it shall be lawful for 
such infant, or his guardian in the name of such in- 
fant, by the direction of the Court of Chancery, to be 
signified by an order to be made in a summary way 
upon the petition of such infant or his guardian, to 
make such lease of the land, or any part thereof, accord- 
ing to his interest therein, and to the nature of the 
tenure of such estates, for such term of years and subject 
to such rents and covenants as the said court shall 
direct {h). 

But in no such case shall any fine be taken, and in Requisites, 
every such case the best rent that can be obtained, 
regard being had to the nature of the lease, shall be re- 
served, and the lease shall be settled and approved of 
by a master of the said Court (i) ; and a counterpart of 
every such lease shall be executed by the lessee, and de- 
posited in the master's oflfice (J) tUl such infant shall 
attain twenty-one. 

Provided that no lease be made of the capital mansion- 
house and the park and grounds respectively held there- 
with for any period exceeding the minority of any such 

Ch. 18', In re Ecans, 2 My. & K. the Rolls. See Stat. 15 & 16 Vict. 

318. c. 80. 

(Ji) See Harris y. Davit,9 Jxu. (j) Now in the Record and 

1084. Writ Clerks' Office. Ord. 42, 

(i) Now in the chambers of a r. 3. 
Vice-Chancellor or the Master of 



Stat. 19 & 20 
Vict. c. 120, 
88. 2— 10. 

Leases of in- 
fants' settled 
estates may be 
anthorized by 
Court of 

Sect. 36. 

Leases by in- 
fants not in 
porsaance of 

Leases of the whole or any parts of settled estates to 
which infants are entitled, or of any rights or privdleges 
affecting such estates, may be authorized by the Court 
of Chancery, upon the application of guardians on 
behalf of infants, for the terms of years and subject 
to the provisions and restrictions contained in the 
Settled Estates Acts (k). But in the cases of infant 
tenants in tail no application to the Court, or consent to 
any application, may be made or given by any guardian 
without the special direction of the Court. 

A lease reserving rent, granted by an infant other- 
wise than under the provisions of these statutes, may 
be avoided by him on attaining his majority (Z), or by 
his heir if he dies before that event (w). It has been 
doubted whether a lease reserving no rent, or a no- 
minal rent merely, is not absolutely void, because then, 
as it is said, there is no semblance of benefit to the 
infant. But there is no authority for the proposition 
that the rent reserved in an infant's lease must be the 
best, in order to prevent it from being void (w). An 
infant cannot avoid a lease reserving rent imtil he 
comes of age (o), and if the lessee is then in possession 
the lessor who desires to disaflGbrm the lease must manifest 
his intention to do so by some act of notoriety, as eject- 
ment, entry, demand of possession, or the like ; or must 

(k) See post, p. 34. 

(Z) Zouch V. ParsoTU, 3 Burr, 
at p. 1806 ; Slator v. Brady, 14 
Ir. C. L. R., Ex. 61 ; Slator y. 
Trimble, U Jr. C. L. R., Q. B. 
342, 351 ; Bac. Abr. (B.) 11. It 
has been said, howeyer, that an 
infant cannot aroid a lease which 
is for his benefit. Per Buller, J., 
in Maddon y. White, 2 T. R., at 
p. 161. See iLetsei/'t Case, Cro. 

Jac. 320. 

(ot) Co. Lit. 45 b. 

(») Judgment in ^ator v. 
Brady, 14 Ir. C. L. R., Ex., at 
p. 65. See also judgment of 
Hayes, J., in Slator v. Trimble^ 
Id., at p. 356. 

(o) Bac. Abr. (B.) 11; Slator y. 
Trimble, 14 Ir, C. L. R., Q. B., 
342, 352, 356. But see remarks 
of Parke, B., 5 Ex. 124. 


at the least give notice (/?). The execution by him of 
a new lease of the same premises to another person will 
not divest the estate created by the former demise (9-). 

If the lessor, after attaining his majority, accepts rent 
due after that event, or otherwise, either verbally or 
by deed, recognizes the lease as subsisting, he cannot 
subsequently avoid it (r). 

The lease of an infant, to be good, must be his own 
personal act. If he appoints a person to make a lease 
it does not bind the infant, nor is the infant's ratifica- 
tion of such lease binding (s). 

The lessee can in no case avoid the lease on account 
of the infancy of the lessor {t). 

Leases granted to infants may be avoided by them Leases to ia- 
when they come of age; and if at that period the 
lessee disaffirms the lease, he is not liable for rent (m). 
If, however, he continues to occupy the demised pre- 
mises, and does not signify his intention to avoid the 
lease within a reasonable time after attaining his ma- 
jority, he becomes hable to pay the rent (including 
arrears accrued during his minority (x) ), and to perform 
all the other obligations attached to the estate (y). If 
the premises comprised in the lease come within the 

(p) See judgment in Slator v, in Zouch v. Parsons, 3 Bnrr., at 

Brady, 14 Ir, C. L. R., Ex., at p. 1806. 

p. 66. (m) Ketsey's Case, Cro. Jac. 

iq) Slator y. Brady, 14 Ir. C. 320; S. C, nam. Klrton v. El- 

L. R., Ex. 61, lioU, 2 Bulst. 69. See 7 Burr, 

(r) Ashfield v. Ashfield, W. 719. 

Jones, 157; Smith v. Low, 1 Atk. («) Bac. Abr. (B.) 12; Ketsey's 

489 ; Story v. Johnson, 2 Y, & Case, Cro. Jac. 320, 

C, Ex. 586; Anon., 4 Leon. 4. (y) North Western By. Co. v. 

See Baylis v. Dinely, 3 M. & S., M'Michael, 5 Ex. 114, 124 ; 20 

at p, 481. L. J., Ex. 97; Holmes v. Blogg, 

(«) Per Parke, B., in Doe v. 8 Taunt, 35, 39. See Kelly t. 

Boberts, 16 M. & W., at p. 781, Coote, 5 Ir. C. L. R. 469. 

(t) Per Lord Mansfield, C. J., 


Stat. 1 1 Geo. 4 
& 1 Will. 4, 
c. 66, s. 12. 

By order of 
the Court of 
leases to which 
infants or 
women are en- 
titled may be 
and renewed. 

Sect. 15. 

Renewed lease 
to be to same 
ases, &c. as 

Sect. 16. 

By order of 
the Court of 
Chancery in- 
fants may 
accept of sur- 

designation of necessaries, the infant lessee is liable for 
the rent (r). 

Where any person under the age of twenty-one 
years, or a feme covert^ is entitled to any lease for 
life or years, it shall be lawful for such person, or his 
guardian or other person on his behalf, and for such 
feme covert or any person on her behalf, to apply to the 
Court of Chancery in England, the Courts of Equity 
of the Counties Palatine of Lancaster and Durham, 
respectively, as to land within their respective jurisdic- 
tion, by petition or motion ; and by the order and direc- 
tion of the said Courts respectively such infant or feme 
covert, or his guardian, or any person appointed in the 
place of such infant or feme covert by the said Courts 
respectively, may from time to time by deed siurrender 
such lease and accept in the place, and for the benefit 
of such person under the age of twenty-one years, or 
feme covert, one or more new lease or leases of the 
premises comprised in such lease surrendered, for such 
nimaber of lives, or for such term or terms of years 
determinable upon such number of lives, or for such 
term or terms of years absolute, as was or were men- 
tioned in the lease so surrendered at the making thereof, 
or otherwise as the said Courts shall respectively direct. 

Every lease to be renewed as aforesaid shall operate 
to the same uses, and be liable to the same trusts, 
charges and conditions, as the lease surrendered would 
have been subject to in case such surrender had not 
been made. 

Where any person under the age of twenty-one 
years, or a feme covert, might, in pursuance of any 
covenant or agreement, if not under disability, be com- 
pelled to renew any lease, it shall be lawfid for such 
(«) See Lowe t. Griffith, 1 Scott, 458. 


infant, or his guardian in the name of such infant, or renders of 
such feme covert, by the direction of the Court of make new 
Chancery, to be signified by an order to be made in a ^^*^^- 
summary way upon the petition of such infant or his 
guardian, or of such feme covert, or of any person 
entitled to such renewal, from time to time to accept of 
a surrender of such lease, and to make a new lease of 
the premises comprised in such lease, for such number 
of lives, or for such term or terms determinable upon 
such number of lives, or for such term or terms of years 
absolute, as was or were mentioned in the lease so sur- 
rendered at the making thereof, or otherwise as the 
Court by such order shall direct. 

Where a lunatic is entitled to land in fee or in tail. Lunatics. 

or to leasehold land for an absolute interest, and it ?*?'; ^^ * ^^ 

_ ' Vict. c. 70, 

appears to the Lord Chancellor to be for his benefit s. 129. 

that a lease or underlease should be made thereof for l^^^ °iay be 

made by com- 

terms of years, for encouraging: the erection of build- mittee under 
1 /. . .^ f .IT. „ , . order of Lord 

mgs thereon, or tor repairing buildings actually being Chancellor. 

thereon, or otherwise improving the same, or for farm- 
ing or other purposes, the committee of the estate may, 
in the name and on behalf of the lunatic, under order 
of the Lord Chancellor, make such lease of the land or 
any part thereof, according to the lunatic's estate and 
interest therein, and to the nature of the tenure thereof, 
for such term or terms of years, and subject to such 
rents and covenants as the Lord Chancellor shall order. 
Under the same order, leases may be made of mines Sects. 130— 
either already opened, or unopened where necessary 
for the maintenance of the lunatic or expedient; leasing Sect. 133. 
powers vested in lunatics exercised ; and surrenders of Sect. 134. 
leases accepted, and new leases made, subject to certain 


Stat. 19 & 20 
Vict. c. 120, 
8s. 2—10. 

Leases of luna- 
tics' settled 
estates may be 
authorized by 
the Court of 

Sect. 36. 

Stat. 16 & 17 
Vict, c 70, 
B. 113. 

nnder order of 
Lord Chan- 
cellor, may 
surrender and 
renew leases to 
which lunatic 
is entitled. 

Sect. 114. 

Expenses of 
renewal to be 
charged on 

Sect 115. 

Renewed lease 
to be to same 
nses, &c. as 

Leases by 
lunatic per- 

Leases of the whole or any parts of settled estates 
to which lunatics are entitled, or of any rights or 
privileges affecting such estates, may be authorized by 
the Court of Chancery, upon the application of com- 
mittees on behalf of lunatics, for the terms of years, and 
subject to the provisions and restrictions contained in 
the Settled Estates Acts (a). But in the cases of 
limatic tenants in tail, no application to the Court, or 
consent to any appHcation, may be made or given by any 
committee without the special direction of the Court. 

Where a lunatic is entitled to a lease for life or years, 
the committee of his estate may, in his name and on his 
behalf, under an order of the Lord Chancellor, by deed 
surrender the lease, and in the name and on behalf of 
the lunatic accept a new lease of the premises comprised 
in the lease surrendered, for such number of lives or for 
such term of years as was mentioned in the lease sur- 
rendered at the making thereof, or otherwise as the 
Lord Chancellor shall order. 

Every fine upon renewal, and all reasonable charges 
incident thereto, may be paid out of the lunatic's estate, 
or may, with interest, be a charge upon the leasehold 
premises, as the Lord Chancellor shall order. 

Every lease renewed shall operate to the same uses, 
and be liable to the same trusts, charges and conditions 
as the lease surrendered would have been subject to if 
the surrender had not been made. 

A lease granted by or to a lunatic personally is void 
if it appears that the other contracting party knew of 
his state of mind, and took advantage of it (i). But if 
this is not proved, and especially if the contract, having 
been entered into by the other party fairly and in good 

(a) See/>o»*, p. 34. 

(J) Dane t. Kirkwall, 8 C. & 

P. 679. See Browne v. Joddrell, 
M. & M. 105. 


faith, has also been executed and completed, and the 
property forming the subject-matter of the contract 
has been paid for and fiilly enjoyed, such contract 
cannot afterwards be set aside either by the lunatic or 
those who represent him (c). 

Where by settlements or wills married women are Married 
expressly empowered to demise, they may do so with- 
out the concurrence of their husbands (rf). A married may demise 
woman who has property settled to her separate use, 
without restraint on alienation, may, generally speaking, 
dispose of it as a feme sole (e). Leases of such pro- 
perty need not be acknowledged under the Fines and 
Recoveries Act (y). 

It shall be lawful for every married woman, in every Stat. 3 & 4 

. . . Will. 4 c. 74 

case except that of being tenant in tail, for which pro- as. 77, 79. 

vision is made by this act(^), by deed to dispose of 

lands of any tenure as fully and effectually as she could 

do if she were a feme sole, except that no such dis- With concnr- 

position shall be valid unless the husband concur in ^and may 

the deed by which the same shall be effected, nor unless ^^F^^^ ''y '^^^^ 
•' acknowledged. 

the deed be acknowledged by her, upon her executing 
the same or afterwards, as her act and deed, before a 
judge of one of the superior courts at Westminster, or 
before two perpetual or two special commissioners. 

It shall be lawful for any person entitled to the pos- Stat. 19 & 20 
session or to the receipt of the rents and profits of any g. 32. ' 

(c) Molton V. Camroux, 2 Ex. Eyrcy 3 C. B. 557 ; 5 C. B. 718. 
487, 503 ; 4 Ex. 17 ; 18 L. J,, Ex. {e) Per Plamer, V.-C, in Fran- 

68, 356 ; Beavan v. M'Donnell, cis v. Wigzell, 1 Madd., at p. 261 ; 

9 Ex. 309 ; 10 Ex. 184 ; 23 L. J., Aylett v. Ashton, 1 My. & Cr. 

Ex. 94, 336. See Chmpbell v. 105. See stat. 33 & 34 Vict. c. 93. 
Hoo2)er, 3 Sm. & G. 153 ; 24 L. (/) Taylor t. Meads, 34 L. J,, 

J., Ch. 644; Baxter v. Porta- Ch. 203; Adams t. Cfamble, 12 

mouth, 5 B. & C. 170. Ir. Ch. Rep. 102. 

id) 3 Atk. 711. See Doe v. {g) Seojfost, p. 27. 



Husband en- 
titled to settled 
estates in right 
of bis wife ; 

or to unsettled 
estates in 
right of wife 
seised in fee ; 
also tenant by 
the curtesy, 
or in dower, 
may make 
leases not 


Sect. 34. 
Evidence of 
execution of 

settled estates for an estate for life, or for a term of 
years determinable with his life, or for any greater 
estate, either in his own right or in right of his wife 
under a settlement made since November \sty 1856 
insect. 44), unless the settlement shall contain an ex- 
press declaration that it shall not be lawful for such 
person to make such demise ; and also for any person 
entitled to the possession or to the receipt of the rents 
and profits of any unsettled estates as tenant by the 
curtesy, or in dower, or in right of a wife who is seised 
in fee, without any apphcation to the Court, to demise 
the same or any part thereof, except the principal man- 
sion-house and the demesnes thereof, and other lands 
usually occupied therewith, from time to time, for any 
term not exceeding twenty-one years to take effect in 

Provided, that every such demise be made by deed, 
and the best rent that can reasonably be obtained be 
thereby reserved, without any fine, which rent shall be 
incident to the immediate reversion ; that such demise 
be not made without impeachment of waste, and do 
contain a covenant for payment of the rent, and such 
other usual and proper covenants as the lessor shall 
think fit, and also a condition of re-entry on nonpay- 
ment, for a period not less than twenty-eight days, of 
the rent thereby reserved, and on non-observance of 
any of the covenants or conditions therein contained; 
and provided a counterpart of every deed of lease be 
executed by the lessee. 

The execution of any lease by the lessor or lessors 
shall be deemed sufficient e\adence that a counterpart 
of such lease has been duly executed by the lessee as 
required by this act. 


Every demise authorized by the preceding section Sect. 33. 
shall be valid against the person granting the same^ 
and all other persons entitled to estates subsequent to 
the estate of such person under the same settlement, if 
the estates be settled, and in the case of unsettled Against whom 
estates against all persons claiming through or imder valid. 
the wife or husband (as the case may be) of the person 
granting the same (and also against the wife of any 
husband making such demise of estates to which he is 
entitled in right of such wife (y) ). 

Leases of settled estates, in which married women Sects. 2—10, 

have limited interests, may be granted under the autho- ~ ' , 

XiCflscs of luflr— 
rity of the Court of Chancery {h). ried women's 

Where a married woman shall apply to the Court, may\e^aa*h(>- 
or consent to an application to the Court, under the c^^^^f^Vchan 
Settled Estates Act, she shall first be examined by the eery. 
Court, or some solicitor duly appointed by the Court ^*'^*^- ^^' ^^' 
for that purpose, apart firom her husband touching her amination. 
knowledge of the nature and effect of the apphcation, 
and it shall be ascertained that she fireely desires to 
make or consent to such apphcation. 

Subject to such examination, married women may Sect. 39. 
make or consent to any appHcations, whether they be 
of full age or infants. 

Leases of the freehold property of the wife, made Leases of 
either by husband and wife or by the husband alone, ^oids not in 

not authorized by the above-mentioned statutes or by po^oance of 

•' _ •' statutes. 

an express power, are valid, to the extent of the term, 

diu^ng the joint lives of husband and mfe ( i). If not by 

deed, such leases on the death of the husband become 

ig) Stat. 21 & 22 Vict. c. 77, ^i) Batemanv.Allen,Cro.'E]iz. 

8. 8. 437 ; WUcot's Que, 2 Co. B., at 

(A) See post, p. 34. p. 61 b. 


void as against the wife surviving and persons claiming 

under lier (A). If made by deed, they are voidable on 

the death of the husband by the widow, but if, after her 

husband's decease, she accepts rent due aft«r that event, 

or otherwise recognizes the leases as subsisting, they will 

become good and unavoidable (Z). If the widow does 

no act to disaffirm the lease, but allows the tenant to 

continue in possession during her lifetime, the lease will 

be good and subsisting up to her death ; and the rent 

which accrued due diudng her lifetime is recoverable 

by her executors (m). If the husband survives, and 

(having had issue by his wife bom alive, that might by 

possibility inherit the estate as her heir) becomes tenant 

by the curtesy, the lease will be good for the whole 

term, provided the husband lives so long, but upon his 

death will absolutely determine (n). 

Leases of Underleases of the leasehold property of the wife 

holds. ™^y ^ made by the husband in his own name, to 

commence either during his life or after his decease, 

and such underleases will be valid, though the wife 

should siu^ve (o). 

Stat. 11 Geo. 4 Leases to which married women are entitled may be 

c. 65, ss. 12,16. smrendered and renewed by direction of the Court 

Renewal of of Chancery ( p), and married women may also, in 

IcAScs to wliicli 

married women certain cases, imder the same direction, accept surren- 
are entit . ^^^.^ ^^^ make renewals of leases ( p). 

Leases to mar- A lease granted to a married woman may be dis- 
affirmed by her husband, but vests in her until he 

(A) Walsally. Heath, Cro.Elh. (m) Sec Tbler v. Slater, L. R, 

666 ; Harvy v. TJwmat, Cro. Eliz. 3 Q. B., at p. 46. 

216 ; judgment in Parry t. Hin- (n) Miller t. Maynmaring, 

die, 2 Tftnnt., at p. 181. Cro. Car. 397. 

(Z) Doe T. Weller, 7 T. R. 478. (o) Orute t. Locroft, Cro, Eliz. 

See Toler v. Slater, 37 L. J., Q. 287 ; Bac. Abr. (C.) 16. 

B. 33; L. R., 3 Q. B. 42; Bac. (i?) See ante, p. 6. 
Abr. (C.) 17. 


expresses his dissent ((7). After his death, however, 
the wife or her heirs may avoid the lease, unless after 
the decease of her husband she has assented to it (r). 

Real and personal property of every description may Aliens, 
be taken, acqviired, held and disposed of by an alien in S*^^- ^^^**^'* 
the same manner in all respects as by a natural-bom M^y jake and 
British subject; and a title to real and personal pro- ^X^^grson^^*^ 
perty of every description may be derived through, property, 
from, or in succession to an alien, in the same manner 
in all respects as through, from, or in succession to 
a natural-bom British subject : Provided — 

(1.) That this section shall not confer any right on 
an alien to hold real property situate out of 
the United Kingdom, and shall not qualify 
an alien for any office, or for any municipal, 
parliamentary or other franchise : 
(2.) That this section shall not entitle an alien to 
any right or privilege as a British subject, 
except such rights and privileges in respect 
of property as are hereby expressly given to 
(3.) That this section shall not affect any estate or 
interest in real or personal property to which 
any person has or may become entitled, either 
mediately or immediately, in possession or 
expectancy, in pursuance of any disposition 
made before the passing of this Act, or in 
pursuance of any devolution by law on the 
death of any person dying before the passing 
of this Act (12 May, 1870) (5). 

(q) See end of judgment in take lands, houses, &c. for the 

Sn'aine v. Holman, Hob. 204 ; Co. purpose of occupation or of trade 

Lit. 3 a. for any term not exceeding twenty- 

(?•) Co. Lit. 3 a. one years. Stat. 7 & 8 Vict. c. 66, 

(«) Before this act aliens might s. 5. 




Stat. 33 & 34 
Vict c. 23, 

Are incapable 
of alienating 
property or 
making con- 

Sect 12. 

maj let pro- 

No action at law or suit in equity for the recovery 
of any property, debt, or damage whatsoever shall be 
brought by any convict [_t. e. any person against whom 
judgment of death or penal servitude has been, after 
4th July, 1870, pronounced or recorded by any Court 
of competent jurisdiction in England, Wales or Ireland, 
upon any charge of treason or felony] against any 
person diuing the time while he shall be subject to the 
operation of this Act ; and every such convict shall be 
incapable, dming such time as aforesaid, of alienating 
or charging any property, or of making any contract, 
save as hereinafter provided. 

The administrator (s) shall have absolute power to 
let any part of the property of the convict as to him 
shall seem fit. 

Corporations. Since, as a general rule, corporations can only contract 
imder seal, leases by or to them must be made by deed, 
sealed with their common seal {t). But although leases 
by corporations not so made are void, yet if the tenant 
has actually occupied and paid rent under the void 
instrument, and the corporation has received such rent, 
an implied tenancy from year to year may exist upon 
such of the terms of the void instnunent as are appli- 
cable to that kind of tenancy, and an action may be 
maintained by the corporation for a breach of such 
terms (m). If there has been part performance of 
a contract for a lease by a corporation not under the 

(«) Appointed nnder the pro- 
visions of the act. See j>o$t, 
Chap. IV., Sect. 12, (2). 

(t) FiKlay V. Bristol and Exe- 
ter Ry. Co., 7 Ex. 409 ; 21 L. J., 
Ex. 117. See Rex v. Tnhahitantt 
of Chipping Norton, 5 East, 239 ; 

Rex V. InhaHtants of North 
DuffieU, 3 M. & S. 247. 

(«) Wood V. Tate, 2 B. & P. 
(N. R.) 247 ; Ecclesiastical Com- 
miisioners v. Merral, 38 L. J., 
Ex. 93 ; L. E., 4 Ex. 162. 


corporate seal, a court of equity will decree specific 
performance of such contract (u). 

Corporations may take leases of tenements or heredi- 
taments of moderate and usual length, such as a hus- 
bandry lease for twenty-one years (w). But a lease for 
a term of unusual duration may incur the penalty of 
forfeiture imposed on land brought into mortmain 
under colour of a lease (x). There would seem to be 
no decision as to what length of term will have this 
effect; but it has been said that leases for one hundred 
years (y), or for eighty-one years (z), are within the 
Mortmain Acts. 

Ecclesiastical corporations are either aggregate, con- Ecclesiastical, 
sisting of several persons, as the dean and chapter of 
a cathedral; or sole, consisting of one person, as a 

The legislative provisions relating to leases by these 
bodies are very numerous, but the substance of the en- 
actments may be stated as follows : — 

Persons having any estate of inheritance in right of l. EnahUr^g 

their chiu'ches, (including prebendaries and chancellors, „ „ ' , 

^ ° ^ Stats. 32 Hen. 

treasurers and precentors of cathedral churches (a), but) 8, c. 28, ss. l, 
excepting parsons and vicars, may make leases by in- c.' 17, s. i. ' 
denture, good and effectual against the lessors and their Ck)rporation8 
successors, of lands, tenements or hereditaments com- parsons and 
monly let for twenty years next before such leases, and [g^iana^ 
also of tithes, tolls and other incorporeal hereditaments, &c. for twenty- 

one years, or 

for terms not exceedmg twenty-one years or three lives three lives. 

(r) Steeven'g Hospital v. Dyas, in Cotton's Case, Godb., at p. 192. 

15 Ir. Ch. Rep. 405. (2) Per Bridgman, C. J., in 

(to) See Jesus Coll. t. GHbhs, 1 Hemming v. Brahazon, O. Bridg. 

Y. & C, Ex. 145, 147. Rep. (by Bannister), at p. 7. See 

(a;) Stat.7 Edw. 1, stat. 2, c. 1. 1 Piatt on Leases, 541. 

(y) Bowles v. Mason, 2 Brown- (a) Bac. Abr. (E.) 49. 
low, at p. 1 97. Per Tanfield, C.B,, 


from the making thereof; subject to the observance of 

certain conditions. 
Stat. 6 & 6 Any ecclesiastical corporation, aggregate or sole, 

88. 1—9 18* except any college or corporation of vicars choral, priest 
20—82. vicars, senior vicars, custos and vicars, or minor canons 

and any ecclesiastical hospital or the master thereof, 

with the consent of the Ecclesiastical Commissioners ; 

and in the case of a le^se made by any incumbent of a 

With certain benefice, with the consent of the patron thereof, and in 

consents any . iit>ii 

ecclesiastical the case 01 certain copyholds with the consent of the 

maygranT ^^^^ ®^ *^® manor, testified in each case as in the act is 
building leases mentioned (ss. 21 — 27), may by deed grant biulding, 

years; leases repairing or improving leases for any term not exceed- 

of running . . , . ■, , /> • 

water, ea^- ^^S nmety-nine years, and leases oi mines or quarries, 

ments or mines running water, way-leaves and other like easements, 
for sixty years. . . . 

for any term not exceeding sixty years ; subject to the 

observance of the conditions and restrictions mentioned 

in the act. 

Stat. 21 & 22 In any case in which the Ecclesiastical Commissioners 

^ • • ' • are satisfied that the property of any ecclesiastical cor- 

Or may lease . . 

in such man- poration, by the last-mentioned act authorized to be 

Ecclesiastical leased, might, to the permanent advantage of the estate, 

^dl^'^^T^"^ be leased in any manner, any ecclesiastical corporation 

(except the corporations excepted in the said act), with 

such consents as in the said act are mentioned, and with 

the approval of the Commissioners, to be testified by 

deed under their common seal, may lease all or any 

part of their lands, houses, mines, minerals or other 

property, either in consideration of premiums or not, 

and generally in such manner as the commissioners may 

think proper (a). 

Stat 5 & 6 The incumbent of any benefice (b). with the consent 

Vict. c. 27. -^ ^ ^ 

(a) This act and the previons Man. Stat. 29 & 30 Vict, c 81. 
act do not apply to the Isle of (i) See sect. 15. 


of the patron and bishop, and, where the lands are Incambents, 

copyhold, and a lease cannot be made without his ^f patron and 

licence, with the consent of the lord of the manor, such b»shop, may 

' ^ ' lease glebe for 

consents being testified in the manner mentioned in the fourteen or 

1 ITT #>iiiij twenty years, 

act, may lease by deed any part oi the glebe lands, or 

other lands belonging to such benefice (except the 
parsonage house, &c., and at least ten acres of glebe, 
where the glebe is within five miles fi*om the parsonage 
house), for any term not exceeding fourteen years, or 
twenty years if the lessee is to execute improvements ; 
subject to the observance of certain conditions. 

Leases granted by a spiritual corporation sole not Leases by spi- 
under the provisions of these statutes and without tjo^s sole not 
confirmation, are valid during the life or tenure of office in porsuance of 
of the lessor. Upon his death or other avoidance they 
become either voidable or absolutely void, according 
as the lessor has the whole or only a qualified fee 
simple (c). In the latter case the acceptance of rent 
by the successor will not set up such lease, but may 
create a tenancy fi'om year to year (d). Where a lease 
by a bishop, which has been granted in consideration of 
the suri'ender of a prior lease by deed-poll, has been 
avoided by the successor, the first lease is not revived by 
such avoidance (e). But with the confirmation required 
by law, i. e., in the case of a bishop, with the confirma- 
tion of his dean and chapter, and in the case of a par- 
son or vicar, with the confirmation of his patron and 
bishop, these corporations may grant leases which will 
bind their successors (/). 

(<0 Bac. Abr. (II.) 120. A (e) Doe y. Bridges, IB. & Ad. 

biahop has the whole fee, a vicar 847. 

a qnalified fee. (/) Bac. Abr. (G. 2) 99. See 

id) Doe V. Collinge, 7 C. B. Green v. Jenkins, 28 Bear. 87 ; 

939 ; 18 L. J., C. P. 305, post, p. 1 De G., F. & J. 464 ; 29 L. J., 

53. Ch. 505. 

F. C 



Leases by spi- 
ritual corpora- 
tions aggre- 

2. Restraining 

Stats. 1 Eliz. 
c. 19, 8. 6 ; 
13 Eliz. c. 10, 


Leases by spi- 
ritual corpora- 
tions mast 
not exceed 
years and mnst 
observe certain 

Stat 14 Eliz. 


Except leases 
not exceedinsf 
forty years of 
booses in 
towns, &c. 

A patron may confirm explicitly by deed or writing, 
or by consequence of law; as, for instance, where a 
parson makes a lease for years to the patron, who grants 
or assigns it over to another (^). It is not material 
whether the confirmation be before or after the making 
of the lease, provided it be made in the lifetime of the 
parties to the lease {h). 

Spiritual corporations aggregate, without any confir- 
mation, may grant leases binding on their successors (/). 

But leases made by any archbishop or bishop, master 
and fellows of any college, dean and chapter of any 
cathedral or collegiate church, master or guardians of 
any hospital {k), parson, vicar, or any other having any 
spiritual or ecclesiastical living, of any hereditaments 
belonging to their spiritual promotion, exceeding twenty- 
one years, or three lives from the time at which they 
are made (Z), or not reserving the accustomed yearly 
rent (m), or more, payable yearly during the term, 
though valid during the life of the corporation sole (w), 
or of the head of the corporation aggregate (o), by 
whom they were granted, are voidable by his suc- 
cessor (p), but may be confirmed by his acceptance of 
rent from the lessee (/?). This restriction does not 
extend to leases for terms not exceeding forty years of 
houses not the capital or dwelling houses of the lessors, 
or grounds to such houses appertaining, not exceeding 

ig) Bac. Abr. (G. 2) 109. 

(A) Bac, Abr. (G. 4) 114. 

(i) Bac. Abr. (G. 1)99. 

(ft) See stats, 14 Eliz. c. 14; 
39 Eliz. c. 5, 8. 2. 

(I) In 1 Eliz. c. 19, « from such 
time as any snch lease shall begin." 

(m) See Doe v. Yarboroi/ffh, 7 
Moore, 268 ; 1 Bing. 24 ; stat. 39 
& 40 Geo. 3, c. 41. 

(w) 2 Shep. Touch. 283 ; Biskop 
of Salisbury's Case, 10 Co. R. 
68 b, 60 b. 

(o) Co. Lit. 45 a. 

(p) Pennington v. Cardale, 3 
H. & N. 656, 666 ; 27 L, J., Ex. 
438. See per Holroyd, J,, in 4 
B. & A. 217; Doe v. Taniere, 
12 Q. B. 998 ; 18 L. J., Q. B. 49. 


ten acres, situate in any city, borough, town corporate 
or market town, or the suburbs of any of them ; pro- 
vided such leases are made subject to certain conditions 
specified in the statute. 

Any agreement for letting the house of residence, or Stat, i & 2 
the buildings, gardens, &c., necessary for the convenient g 59 ' ' 

occupation of the same, belonging to any benefice, to Agreements for 
^ - 1 t • •. 1 1 ' 1 1 letting houses, 

which house any spiritual person may be required by &c. to contain 

order of the bishop to proceed and to reside therein, or condition. 

which may be assigned as a residence to any curate by 

the bishop, shall be made in writing, and shall contain a 

condition for avoiding the same, upon a copy of such 

order, assignment, or appointment being served upon 

the occupier thereof or left at the house, and otherwise 

shall be null and void. 

No lease of lands acquired by an ecclesiastical cor- Stat. 14 & 15 

Vict. c. 104 
poration under this act can be granted by such corpo- s. 11. 

ration otherwise than from year to year, or for a term of Lands acquired 

T n -, under may be 

years m possession not exceeding fourteen years, and leased for 

subject to the conditions mentioned in the statute. But ^°'"^^° y®"^- 

such corporation, with the approval of the Church 

Estates Commissioners, may grant mining or building 

leases upon such terms as the commissioners may think 


No lease of lands acquired by any ecclesiastical cor- stat. 21 & 22 

poration under this act can (except under stat. 5 & 6 g 9 " ' ' 

Vict. c. 108, or this act) be granted othenvise than Lands acquired 
/. . !• . . J' r J. under may be 

fi-om year to year, or for a term not exceeding lourteen leased for 

years, subject to certain conditions. fourteen years. 

No lands assigned as the endowment of any see under stat. 23 & 24 

this act can be leased otherwise than from year to year g g ' ' 

or for a term not exceeding twenty-one years, subject Lands assigned 

to certain conditions. But with the approval of the of see may be 

Estates Committee of the Ecclesiastical Commissioners !^"f*?/°I"„ 

C 2 years.' 



Stats. 24 & 25 
Vict. c. 105; 
25 & 26 Vict 
c, 52. 

No lease by 
any future pre- 
bendary, rector, 
&c. to be valid 
unless made in 
pursuance of 
certain acts. 

Stat. 18 Eliz. 

c. 11,8.2. 

leases re- 

Stat, f) & 7 
Will. 4, c. 20, 
8. I (r). 

Renewal of 
leases only to 
be granted 
after certain 

mining or building or other leases may be granted upon 
such terms as they may think fit. 

It shall not be lawful for a prebendary of any pre- 
bend, not being a prebend of any cathedral or collegiate 
church, rector, vicar, perpetual curate or incumbent, 
who, after the passing of this act (6th August, 1861), 
may become possessed of, or entitled to any manors, 
lands, tenements or hereditaments belonging to any 
ecclesiastical benefice in England, to make any grant 
by copy of court-roll or lease of any such manors, 
lands, &c., in consideration of any fine, premium or 
foregift, or in any other way than under the provisions 
of the statutes 5 & 6 Vict. c. 27 ; 5 & 6 Vict. c. 108 ; 
or 21 & 22 Vict. c. 57. 

Leases made by the ecclesiastical, spiritual or col- 
legiate persons mentioned in stat. 13 Eliz. c. 10, of any 
of their ecclesiastical, spiritual or collegiate lands, tene- 
ments or hereditaments, whereof any former lease for 
years is in being not to be expired, surrendered or ended 
within three years next after the making of any such 
new lease, are void (y). 

No ecclesiastical corporation, sole or aggregate, can 
grant any new lease, by way of renewal of any lease 
which has been previously granted for two or more 
lives, until one or more of the persons for whose lives 
such lease has been made shall die, and then only for 
the surviving lives or life, and for such new life or lives 
as, together with the life or lives of such survivor or 
survivors, shall make up the number of lives, not 
exceeding three in the whole, for which such lease has 
been originally made. Leases originally granted for 
forty years may be renewed after fourteen years have 

(q) See Vivian r. Blomherg, 3 
Bing., N. C. 311. 

(r) Explained by stat. 6 & 7 
Will. 4, c. 64. 


expired; leases for thirty years, after ten years; and 

leases for twenty-one years, after seven years. But Sect. 4, 

where it is certified that for ten years past such has 

been the usual practice, leases may be renewed at 

shorter periods. Leases granted for terms of years 

cannot be renewed for lives. 

Any spiritual person, holding any cathedral prefer- Leases to 

ment or benefice, or any curacy or lectureship, or licensed ^^ns*^"^ 

or otherwise allowed to perform the duties of any eccle- Stat, i & 2 

siastical ofiice whatever, is prohibited from taking to g. 28. ' 

farm for occupation by himself, by lease or otherwise, 

for term of life, or years, or at will, any lands exceeding 

eighty acres in the whole, for the purpose of using, 

occupying or cultivating the same, without the permis- Beneficed 

sion in writing of the bishop of the diocese specially ocafi)v"nioro 

given for that purpose under his hand ; and every such ^^^^ eiphty 

. . -r- ^ f acres of land 

permission must specify the number of years, not ex- without i)er- 

j • £■ 1 • 1 r .... mission of 

ceeding seven, tor which such permission is given ; bighop. 
imder a penalty of 40*. per annum for each acre of land 
above eighty acres which such spiritual person occupies 
contrary to the provision aforesaid. 

Municipal corporations may grant leases of certain Municipal 

I'll- ji» J/*!,'!:!' r ^ • corporations. 

buildmgs and oi ground tor building on, or tor making *^ 
gardens, &c., for terms not exceeding seventy-five years, Will. 4, c. 76, 

. 8s 94 96 • 

either at a reserved rent or a fine, or both; but they e & 7' Will. 4, 

cannot otherwise lease their lands, tenements, or here- ^' '^*' ^* ^• 

ditaments for any term exceeding thirty-one years, buiiding leases 

without the approbation of the Lords Commissioners of ^"'' seventy-five 
^^ years and other 

the Treasury, or any three of them. lfas«s for 

mi • 1 1 • thirty-one 

These corporations, however, may renew leases m years. 

cases in which, on the 5th June, 1835, they were bound by Sect. 95. 

covenant or agreement, or enjoined by any deed, Avill or 

other document, or sanctioned by ancient usage to make 

renewal ; and also in all cases in which they had there- 


tofore ordinarily made renewal of any lease they may 

renew such lease as they might have done in case this 

act had not been passed (5). 

The Crown. The crown may lease manors, messuages, lands, tene- 

Stat. 1 Ann. _ ments or hereditaments belonging thereto (advowsons 

Stflt* ly C. 7} S> O* ^ 

May grant ^^^ vicaragcs excepted) for any term not exceedmg 

« >t^ ^^^ thirty-one years, or three lives, or some term of years 

years or three determinable upon one, two or three lives ; and subject 

A u ij- to the observance of certain conditions. Leases for the 
and building 

leases for fifty purposes of rebuilding or repairing may be granted for 

vcflrs or trirGC 

lives. terms not exceeding fifty years, or three lives ; subject 

Sect. 6. also to the fulfilment of certain conditions. 

Stat. 10 Geo. Lands belonging to the crown vested in the Com- 

—24, 26— 33^ missioners of Woods and Forests may be leased by 

Commissioners the commissioners for any term not exceeding thirty- 
of Woods and /• i m t -i ^ • ^i 

Forests may One years, or tor building and certam other purposes 

for thirtv-one ^^^ ^^J ^^^^ "^^ exceeding ninety-nine years ; subject 

years or build- ^o the observance of certain conditions, 

ing leases for . 1 -r-v i /• 

ninety-nine As to leases of lands belonging to the Duchy of 

years. Lancaster, see stats. 48 Geo. 3, c. 73 ; 52 Geo. 3, 

c. 161. 

As to leases of lands belonging to the Duchy of 

Cornwall, see stat. 26 & 27 Vict. c. 49, ss. 21—26. 
TheUniver- As to leases by the Universities of Oxford, Cam- 

sities. bridge and Durham, and the colleges of Winchester 

and Eton, see stats. 21 & 22 Vict. c. 44 ; 23 & 24 Vict. 

c. 59, 8. 3. 

Leases to trus- Leases of lands, tenements or hereditaments to any 

riteble^^es' pcrson or body corporate, in trust or for the benefit of 

Stat. 9 Geo. 2, any charitable uses (except leases of land for the erec- 

' ' ■ tion thereon of buildings for religious or educational 

purposes, not exceeding two acres in extent in each 

(#) See Att.-Gcn. v. Great Yarmouth, 21 Bear. 626. 


case, and bondjide made for a full and valuable conside- 
ration {{)) will be absolutely void, unless the following 
requisites are observed: — 

(1.) The lease must be made by deed, sealed and Requisites, 
delivered in the presence of two or more 
credible witnesses (m), but the deed need not 
be indented (:r). 
(2.) Unless made bond Jide for a full and valuable 
consideration, actually paid at or before the 
making such lease, without fraud or collusion, 
the deed must be made twelve calendar months 
at least before the death of the lessor (includ- 
ing the days of execution and death (y) ). 
Such consideration may consist wholly or in 
part of a rent, rent-charge, or other annual 
payment reserved or made payable to the 
lessor or to any other person (x). 
(3.) The deed must be enrolled in Chancery within 
six calendar months next after the execution 
thereof (y). But upon the application by 
summons in a summary way of any person 
interested in any charitable trust the Court of 
Chancery, if satisfied, by affidavit or otherwise, 
that the deed or other instrument conveying 
the hereditaments for charitable uses was 
made really and bondjide for full and valuable 
consideration, actually paid at or before the 
making or perfecting thereof, or reserved by 
way of rent-charge or other annual payment, 
or partly paid at or before the making or per- 

(<) See Stat. 31 & 32 Vict. c. p. 93. 
44. For a list of the institutions (m) Stat 9 Geo, 2, c. 36, ss. 1, 3. 

excepted from the act of Geo. 2, (») Stat 24 Vict. c. 9, s. 1. 

see Tudor on Charitable Uses, (y) Stat. 9 Geo. 2, c. 36, s. 1. 


fecting of such deed or other instrument, and 
partly reserved as aforesaid, without fraud or 
collusion, and that at the time of the applica- 
tion to the Court possession or enjoyment is 
held imder such deed or instrument, and that 
the omission to enrol the same in proper time 
has arisen from mere ignorance or inadver- 
tence, or from the destruction thereof by time 
or accident, may make an order authorizing 
the enrolment in the Court of the deed or 
instrument to which the application relates, 
and the same shall thereupon be enrolled ac- 
cordingly at any time within six calendar 
months from the date of the order, and no 
acknowledgment shall be necessary prior to 
enrolment (6). 

(4.) The deed must be made to take effect in posses- 
sion for the charitable use intended immedi- 
ately from the making thereof (c). But every 
deed or assurance by which any land shall 
have been demised for any term of years for 
any charitable use shall be deemed to have 
been made to take effect for the charitable 
use thereby intended immediately from the 
making thereof, if the term for which such 
land shall have been thereby demised was 
thereby made to commence and take effect in 
possession at any time within one year from 
the date of such deed or assurance {d). 

(5.) The deed must be without any power of revoca- 
tion, reservation, trust, condition, limitation, 
clause or agreement whatsoever, for the benefit 

(>) Stat. 29 & 30 Vict. c. 57, (o) Stat. 9 Geo. 2, c. 3G, s. 1. 

B. 2. {d) Stat. 26 & 27 Vict. c. 106. 


of the donor or grantor, or of any person or 
persons claiming under him(e). But no deed 
made after 17th May, 1861, shall be deemed 
to be null and void by reason of such deed or 
assurance, or any deed forming part of the 
same transaction, containing any grant or 
reservation of any peppercorn or other nominal 
rent, or of any mines or minerals, or easement, 
or any covenants or provisions as to the erec- 
tion, repair, position or description of buildings, 
the formation or repair of streets or roads, 
drainage or nuisances, or any covenants or 
provisions of the like nature, for the use and 
enjoyment as well of the hereditaments com- 
prised in such deed or assurance as of any 
other adjacent or neighbouring hereditaments, 
or any right of entry on nonpayment of any 
such rent, or on breach of any such covenant 
or provision, or any stipulations of the like 
nature for the benefit of the donor or grantor, 
or of any person or persons claiming under 
him, nor (in the case of any such assuranc.e of 
hereditaments of copyhold or customary tenure 
or of any estate or interest therein) by reason 
of the same not being made by deed, nor (in 
the case of such assurances made bond Jide 
on a sale for a full and valuable consideration) 
by reason of such consideration consisting 
wholly or partly of a rent, rent-charge, or other 
annual payment reserved or made payable to 
the vendor, or to any other person, with or 
without a right of re-entry for nonpayment 
thereof: provided always that in all reserva- 
{e) Stat. 9 Geo. 2, c. 36, s. 1. 


tions authorized by this act the donor, grantor 
or vendor shall reserve the same benefits for 
his representatives as for himself (e). 

(2) Restrictions arising from Limited Interest. 
Tenants in tail. Every actual tenant in tail shall have full power to 
S^n \^ *74 dispose of for an estate in fee simple absolute, or for 
ss. 15, 40. any less estate, the lands entailed, as against all persons 

ma"*dbp<we of claiming the lands entailed by force of any estate tail 

lands entailed which shall be vested in or might be claimed by, or 

for estate iHi.,,^ 

fee simple or which but for some previous act would have been 

any ess es e. ygg^^ ^ qj. migjit have been claimed by, the person 
making the disposition, at the time of his making the 
same, and also as against aU persons whose estates are 
to take effect after the determination or in defeasance of 
any such estate tail ; saving always the rights of all 
persons in respect of estates prior to the estate tail, and 
the rights of all other persons, except those against 
whom such disposition is by this act authorized to be 

Sect. 34. If at the time when any person, actual tenant in 

Where there is tail of lands under a settlement, but not entitled to the 

protector his 

consent is remainder or reversion in fee immediately expectant 

make lease on the determination of his estate tail, shall be desirous 
valid against ^^ making Under this act a disposition of the lands 

remaindermen o ^ 

and rerer- entailed, there shall be a protector of such settlement, 

Sioners. n ^ ^ ^^ ^ 

the consent oi such protector shall be requisite to enable 
such actual tenant in tail to dispose of the lands entailed 
to the full extent to which he is hereinbefore authorized 
to dispose of the same ; but such actual tenant in tail 
may, without such consent, make a disposition under 
this act of the lands entailed, which shall be good 
against all persons who, by force of any estate tail which 
(tf) Stat 24 Vict, c 9. 


shall be vested in or might be claimed by, or which but 
for some previous act or default would have been vested 
in or might have been claimed by, the person making 
the disposition at the time of his making the same, shall 
claim the lands entailed. 

Every disposition of lands under this act by a tenant Sect. 40. 
in tail thereof shall be efifected by some one of the 
assurances (not being a will) by which such tenant in 
tail could have made the disposition if his estate were 
an estate at law in fee simple absolute. Provided, Lease must be 
nevertheless, that no disposition by a tenant in tail shall ^ 
be of any force either at law or in equity, under this 
act, unless made or evidenced by deed ; and that no 
disposition by a tenant in tail resting only on contract, 
either express or implied, or otherwise, and whether 
supported by a valuable or meritorious consideration or 
not, shall be of any force at law or in equity under this 
act, notwithstanding such disposition shall be made or 
evidenced by deed ; and if the tenant in tail making the When tenant 

T . . 1 11 1 ' -I ,1 intailismar- 

disposition shall be a mamed woman, the concmrence ned woman 

of her husband shall be necessary to give effect to the l^^sband's con- 

•' ^ currence neccs- 

same ; and any deed which may be executed by her for sary. 

effecting the disposition shall be acknowledged by her 

as hereinafter directed (/). 

No assurance by which any disposition of lands shall Sect. 41. 

be effected under this act by a tenant in tail thereof Lease for term 

•' ^ exceeding 

(except a lease for any term not exceeding twenty-one twenty-one 
years, to commence from the date of such lease, or from mencing more 
any time not exceeding twelve calendar months from P^" a year 
the date of such lease, wliere a rent shaU be thereby date or re- 

,,., ,. ^ . ,, 111 serving a rent 

reserved, which, at the time of granting such lease, shall less than five- 
be a rack-rent, or not less than five-sixth parts of a i*ack- rack-rent*ninst 

rent), shall have any operation under this act, unless it ^^ enrolled in 
' ./ r ' chancery. 

(/) See ante, p. 9. 



Stat. 19 & 20 
Vitrt. c, 120, 
8. 32. 
in tail, or for 
life of settled 
estates may 
demise for 

leases by 
tenants in tail 
not in pnr- 
Boance of sta- 

Leases by 
tenants for 
life not in pur- 
suance of sta- 

be enrolled in chancery within six calendar months after 
the execution thereof. 

Persons entitled to settled estates for life, or for years 
deteiininable with life, or for any greater estate, under a 
settlement made since November Ist, 1856, may demise 
the settled estates for terms not exceeding twenty-one 
years, subject to the observance of the restrictions and 
conditions contained in the statute {i). 

A lease for years by a tenant in tail not authorized by 
the above-mentioned statutes, or by a power to lease, is 
not absolutely determined by his death, but the issue in 
tail is at liberty either to affirm or avoid it as he may 
think fit (A). His affirmance may be either expressed, 
or implied from acceptance of rent (/), or bringing an 
action for recovery thereof, or an action of waste (w). 
But to operate as an affirmance of the lease the rent 
must be accepted by the issue in tail fi-om the tenant, 
and not firom a person to whom he has underlet the 
land (m). 

Leases by a tenant for life, not in piirsuance of these 
statutes or of any express power, are valid during the 
life of the lessor, but on his decease become absolutely 
void(n), and incapable of confirmation by the suc- 
ceeding owner (o). But a new tenancy fi'om year to 
year may be created by his acceptance of rent fi-om the 
tenant (/?), and where the succeeding owner has know- 
ingly permitted or encouraged the tenant to expend 

(i) See ante, p. 9. 

(*) Bac. Abr. (D.) 18. 

(Z) Doe V. Jenkint, 6 Bing. 
469, 476 ; 3 M. & P. 59. 

(»») Bac. Abr, (D.) 19. 

(n) Doe T. Butcher, 1 Dongl. 
60; Doe T. Archer, I B. & P. 

(o) Ludford t. Barber, 1 T. 
R. 86 ; James v. Jenkins, Bull. 
N. P. 96 b; Doe v. Butcher, 1 
Dongl. 50; Jenkins v. Church, 
Cowp. 482; Doe v. Watts, 7 T. 
R. 83. 

{p) Secj'ost, Chap. XL, Sect 3. 


money in improvements on the premises, the Court of 
Chancery will not allow the lease to be invalidated ((/). 
As to leases by tenants for terms of years, see Under- 
leases, post. Chap. IV., Sect. 11. 

If a copyholder makes a lease not warranted by the Copyhoklera. 
custom of the manor, and without the lord's licence, 
this is a forfeiture of his copyhold ; but the lease is good 
against everybody but the lord (r), and even as between 
parties to the lease and the lord, the demise against 
custom is only a ground of forfeiture which the lord 
may waive (5). It seems that a lease for a year may be 
made by a copyholder without the lord's licence or any 
special custom {t). 

All the powers to authorize and grant leases con- Stat. 21 & 22 
tained in the Settled Estates Act, 1856 (?^) and this 8.3. ' 
act shall be deemed to include powers to the lords Lords of settled 
of settled manors to give licences to their copyhold or grant licences 
customary tenants to grant leases of lands held by them ^ ^^*^* 
of such manors to the same extent and for the same 
pui'poses as leases may be authorized or granted of free- 
hold hereditaments under the said act and this act. 

It shall be lawful for the lord of any manor, with the Stat. 13 Geo. 
consent of three-fourths of the persons having right of ' , '. " 
common uj)on the wastes and commons within his consent of 
manor, at a meeting to be held after fourteen days' of commoners, 
notice, such notice to be given in the manner directed r^'^-Tflu'^*' 
in the statute, at any time to demise for any term, not of wastes. 

(y) Stiles V. Cowper, 3 Atk. Doe v. Tressider, 1 Q. B. 416 ; 

692. See Dann t. Spurrier, 7 10 L. J., Q. B. 160. 

Ves. 231, 235 ; Pilling v. Ar- («) Doe v. Bousfield, 6 Q. B. 

viitage, 12 Ves. 78, 88. 492; 14 L. J., Q. B. 42. 

(r) Bac.Abr. (1.6)132; Good- (t) See Frosel v. Welsh, Cro. 

Kin V. Longhurst, Cro. Eliz. 535; Jac. 403. 

(»/) See post, p. 34. 



exceeding four years, any part of such wastes and com- 
mons not exceeding a twelfth part thereof, for the best 
and most improved yearly rent that can by public auc- 
tion be got for the same ; the clear net rents reserved to 
the lord by any lease to be granted as aforesaid shall be 
applied in draining, fencing, or otherwise improving 
the residue of such wastes and commons. 


Joint tenants. One joint tenant may demise his share to another, 
so as to create the relationship of landlord and tenant 
between them, with a right to distrain in respect of rent 
in arrear (x). 

It has been held that a trustee of lands may grant a 
lease of reasonable duration, such as a lease for ten 
years (y). But if the trust is a simple one, and the 
cestui que trust is in possession, the trustee cannot make 
any lease without his concurrence (z). 

Executors and administrators, as they may dispose 
absolutely of terms for years vested in them in right of 
their testators or intestates, so may they lease the same 
for any fewer number of years, and the rents reserved 
on such leases shall be assets in their hands, and go in 
a course of administration (a). An administrator can- 
not make a lease until letters of administration have 
been granted to him (b). An executor, on the other 
hand, may demise before probate (e). A lease by one 
of several executors {d) or administrators (e) is good. 

Executors and 

(x) Corcper v. Fletcher, 6 B. 
& S. 464 ; 34 L. J., Q. B. 187 ; 
Co. Lit. 186 a. 

(y) See Kaylor v. Arnitt, 1 
Rnss. & M. 501 ; Lewin on Tmsts, 

(z) Lewin on Trusts, 388. See 
Malpeu T. Ackland, 3 Russ. 273. 

(a) Bac. Abr, (I. 7) 136. 

(V) See Wankford v. Wank- 
ford, 1 Salk., at p. 301. 

{c) Roe V. Summertet, 2 W. 
Bl. 692, 694. 

{d) Doe T. Hayes, 7 Tannt., at 
p. 222. 

(e) See Jaeomb v, Harwood, 
2 Ves. sen. 267. 


An agreement for a lease made with an agent who Agents, 
acts under a power of attorney, and a lease executed by 
such agent in pursuance of the agreement, efiectually 
bind the principal (/). An agent to execute a lease by 
deed must be appointed by deed (p), but if the lease to 
be made by the agent is not under seal he need not be 
authoiized in writing (/t). A steward has no general 
authority to enter into contracts for granting leases of 
farms for terms of years (z). A farm bailiff accus- 
tomed to let from year to year upon the ordinary terms 
and to receive rents, has no authority in law to let upon 
unusual terms unknown to the owner (k). 

It is doubtful whether an agent employed to let a 
house has an implied general authority to let persons 
into possession, but shght evidence will be sufficient to 
show an express authority (/). 

Settlements and wills often expressly empower tenants Leases nnder 
in tail or for life, or trustees, to grant leases. To P°^*™- 
powers of leasing there are usually attached conditions 
and restrictions which must be carefully observed by 
the person exercising the power, or the lease made 
under it will be void as against persons entitled in re- 
mainder or reversion, except in the cases provided for 
by the statutes mentioned hereafter (m). Such leases, 
however, are good, as between the parties to them, by 
way of estoppel (w). 

(/) Hamilton v. Clanricarde, {k) Turner t. Hutchinson, 2 

1 Bro. P. C. 34L F. & F. 185. 

(g) Steiglitz v. Egginton, Holt, {I) Slack v. Oreice, 2 F. & F. 59. 

N. P. 141; Harrison \. JacJewn, (;«) For the construction of 

7 T. R. 207. powers to lease, see Sugden on 

(Ji) Coles V. Trecpthick, 9 Ves., Powers, Chap. XVII. 

at p. 250. (ra) Yellorcly v. Gowcr, 11 E.k. 

{i) Collen v. Gardiner, 21 Bcav. 274 ; 24 L. J., Ex. 289. ^ecpost, 

540. p. 42. 



Relief on de- 
fective execu- 
tion of powers 
of leasing. 

Stat. 12 & 13 
Vict. c. 26, 

Invalid lease 
made bondjide 
and under 
which lessee 
has entered, to 
be considered 
as contract for 
grant of valid 

Lease not to be 
varied if per- 
sons bound by 
equitable con- 
tract are will- 
ing to confirm 
lease without 

Sect. 4. 

Where estate 
of lessor con- 
tinues after 
time when 
lease might 
have been law- 
fully granted 
by him, lease 
Will be valid. 

Where in the intended exercise of a valid power of 
leasing a lease has been granted (o), which is, by reason 
of the non-observance or omission of some condition 
or restriction, or by reason of any other deviation from 
the terms of such power (/>), invalid, such lease, in case 
the same have been made bondjide, and the lessee named 
therein, his heirs, executors, administrators or assigns 
(as the case may require), have entered thereunder, 
shall be considered in equity as a contract for a grant, 
at the request of the lessee, his heirs, executors, adminis- 
trators or assigns (as the case may require), of a valid 
lease under such power, to the like purport and effect as 
such invalid lease as aforesaid, save so far as any variation 
may be necessary in order to comply with the terms of 
such power ; and all persons who would have been bound 
by a lease lawfully granted under such power shall be 
bound in equity by such contract. But no lessee under 
any such invalid lease as aforesaid, his heirs, executors, 
administrators or assigns, shall be entitled by virtue of any 
such equitable contract as aforesaid to obtain any varia- 
tion of such lease, where the persons who would have 
been bound by such contract are willing to confirm such 
lease without variation. 

Where a lease granted in the intended exercise of a 
valid power of leasing is invalid by reason that at the 
time of the granting thereof the person granting the same 
could not lawfiilly grant such lease, but the estate of 
such person in the hereditaments comprised in such 
lease shall have continued after the time when such 

(o) When a valid power of leas- 
ing is vested in a person granting 
a lease, and such lease cannot have 
effect and continuance, according 
to the terms thereof, independently 
of such power, such lease shall be 

deemed to be granted in the in- 
tended exercise of such power, al- 
though such power be not referred 
to in such lease (sect. 5). 

(/?) Ex parte Cooper, 34 L. J., 
Ch. 373. 


lease might have been granted by him in the lawful 
exercise of such power, such lease shall take effect, and 
be as valid as if the same had been granted at such last- 
mentioned time. 

But this act shall not extend to any lease by an Sect. 7. 
ecclesiastical corporation or spiritual person, or to any Except m case 
lease of the possessions of any college, hospital or chari- ecclesiastical 
table foundation, or to any lease where, before the pass- &c., or where 
ing of this act (26th June, 1849), the hereditaments ^^11]\^^q^ 

comprised in such lease have been surrendered or relin- ^^^ demised 

.,, ,, •,, /•!• premises have 

qmshed, or recovered adversely by reason of the mva- been surren- 

lidity thereof, or there has been any judgment or decree covered ad- 

in any action or suit concerning the validity of such tersely. 


Where during the continuance of the possession Stat. 13 Vict. 

taken under any such invalid lease as in the above act ,' , ' 

... • 1 J / 1 Where rever- 

mentioned, the person for the time bemg entitled (sub- sionerisable 

ject to such possession as aforesaid) to the hereditaments y^jj^ ig^se 

comprised in such lease, or to the possession or the ^0^^°"^^"*' 

receipt of the rents and profits thereof, is able to confirm his request is 

.. 11 ,.,. bound to accept 

such lease without variation, the lessee, his heirs, execu- such confirma- 
tors or administrators (as the case may require), or any 
person who would have been bound by the lease if the 
same had been valid, shall, upon the request of the 
person so able to confirm the same, be bound to accept 
a confirmation accordingly; and such confirmation may 
be by memorandum or note in writing, signed by the 
persons confirming and accepting respectively, or by 
some other persons by them respectively thereimto 
lawfiilly authorized ; and afi;er confirmation and accept- 
ance of confirmation such lease shall be valid, and shall 
be deemed to have had from the granting thereof the 
same effect as if the same had been originally valid. 
F. D 


execution and appointment by deed or by any instrument in writins' 
attestation, of ^^ -^ • i t • i n i i 

power of ap- not testamentary, notwithstanding it shall nave been 


Sect. 2. Where, upon or before the acceptance of rent under 

Where note g^j^y guch invalid lease, any receipt, memorandum or 

confirming •' ^ ^ _ •' "^ _ ^ 

lease is signed note in writing, confiiTuing such lease, is signed by the 

ceptingrent, person accepting such rent, or some other person by 

snch accept- ^^^ thereunto laAvfiiUy authorized, such acceptance (7) 

deemed confir- shall, as against the person so accepting such rent, be 

deemed a confirmation of such lease. 

Stat. 22 & 23 A deed executed (after 13th August, 1859), in the 

g. 12. ' presence of, and attested by two or more witnesses 

Deed attested in the manner in which deeds are ordinarily executed 

nesses to be and attested, shall, so far as respects the execution and 

tion wTreeards attestation thereof, be a valid execution of a power of 
execution and 
attestation, of 
power of ap- 

de^OT writing, expressly required that a deed or instrument in writing 

made in exercise of such power should be executed or 

attested with some additional or other form of execution 

or attestation or solemnity. But this provision shall 

not operate to defeat any direction in the instrument 

creating the power that the consent of any particular 

person shall be necessary to a valid execution, or that 

any act shall be performed in order to give validity to 

any appointment, having no relation to the mode of 

Donee of power executing and attesting the instrument; or prevent 
may execute it .i j n n .••,/« ii , 

conformably the donee oi a power irom executmg it contormably to 

to power. ^g power by writing or otherwise than by an instru- 

ment executed and attested as an ordinary deed, and 
to any such execution of a power this provision shall 
not extend. 

Leases of It shall be lawful for the Court of Chancery, if it 

"® ® * ■ shall deem it proper and consistent with a due regard 

(?) See 34 L. J., Ch. 378. 


for the interests of all parties entitled under the settle- Stat, 19 & 20 
ment, and subject to the provisions and restrictions in g '2. ^ * 
this act contained, from time to time (sect. 4) to autho- Court of 
rize leases, or preliminary contracts for leases (see authorize '"^^ 
sect. 6), either of the whole or any parts (sect 4) of g®^^^^°^ . . 
any settled estates (r), or of any rights or privileges over 
or affecting any settled estates, for any purpose whatso- 
ever, whether involving waste or not, provided the 
following conditions be observed : 

First. Every such lease shall be made to take effect Conditions to 
in possession at or within one year next after the 
making thereof, and shall be for a term of years 
not exceeding for an agricultural or occupation 
lease twenty-one years; for a mining lease, or a 
lease of water, water-mills, way-leaves, water-leaves 
or other rights or easements, forty years ; and for a 
building (or repairing (s) ) lease ninety-nine years; 
or where the Court shall be satisfied that it is the 
usual custom of the district and beneficial to the 
inheritance to grant (any of the above-mentioned 
leases, except agricultural leases (<)), for longer 
terms, then for such term as the Coiui; shall 
direct. But nothing in this act shall be con- 
strued to empower the Court to authorize any lease 
beyond the extent to which, in the opinion of the 
Court, the same might have been authorized in 
the settlement by the settlor (sect. 27) : 

(r) As to the interpretation of extend to all settlements, whether 

this term, see sect. 1 ; also stat. made before or after it came in 

21 & 22 Vict. c. 77, s. 1, and stat. force (s. 44). 

27 & 28 Vict. c. 45, s. 3; In re (s) Stat. 21 & 22 Vict. c. 77, 

Laing'g Trust, 35 Ij. J., Ch. 282', s. 2. 

Be Greene's Settled Estates, 10 (<) Stat 21 & 22 Vict. c. 77, 

Jur., N. S. 1098. The provisions s. 4. 
of the act hereinafter mentioned 



Secondly. On every such lease shall be reserved the 
best rent(M), or reservation in the nature of rent, 
either uniform or not, that can be reasonably 
obtained, to be made payable half-yearly or oftener, 
without taking any fine or other benefit in the 
nature of a fine : 

Thirdly. Where the lease is of any earth, coal, stone 
or mineral, a certain portion of the whole rent 
or payment reserved shall be fi-om time to time 
set aside and invested as hereinafter mentioned; 
namely, when the person entitled to the receipt of 
such rent is entitled to work such earth, &c., for 
his own benefit, one-fourth part of such rent, and 
otherwise three-fourth parts thereof, and in every 
such lease sufficient provision shall be made to 
ensure such application of the aforesaid portion of 
the rent, by the appointment of trustees or other- 
wise, as the Court shall deem expedient : 

Fourthly. No such lease shall authorize the felling of 
any trees, except so far as shall be necessary for 
the purpose of clearing the ground for any build- 
ings, excavations or other works authorized by the 
lease : 

Fifthly. Every such lease shall be by deed, and the 
lessee shall execute a counterpart thereof; but the 
execution of any lease by the lessor or lessee shall 
be deemed sufficient evidence that a coimterpart of 
such lease has been duly executed by the lessee as 
required by this act (sect. 34). Every such lease 
shall contain a condition for re-entry on nonpay- 
ment of the rent for a period not less than twenty- 
eight days after it becomes due, and such covenants, 

(tt) See In re Rawlin's Estate, L. R., 1 Eq. 286. 


conditions and stipulations as the Court shall deem 
expedient with reference to the special circum- 
stances of the demise (sect. 3). 
Any person entitled to the possession or to the Sect. 16. 

receipt of the rents and profits of any settled estates Application to 

^ . • "^ made by 

for a term of years determinable on his death, or for an petition. 

estate for life, or any greater estate, may apply to the 

Court, by petition in a summary way, to exercise the 

powers conferred by this act. 

The Court shall require the applicant to produce Sect. 8, 

such evidence as it shall deem sufficient to enable it to Evidence re- 
ascertain the nature, value and circumstances of the 

estate, and the terms and conditions on which leases 

thereof ought to be authorized. 

Subject to the exception contained in the next sec- Sect 17. 

tion, every application to the Court must be made with Application to 

' •' i r he made with 

the concurrence or consent of the following parties ; certain con- 
namely, where there is a tenant in tail under the settle- 
ment in existence, and of full age, such tenant in tail, 
or, if there is more than one such tenant in tail, the 
first of such tenants in tail, and all persons in existence 
having any beneficial estate or interest under the settle- 
ment prior to the estate of such tenant in tail, and 
all trustees having any estate or interest on behalf of 
any unborn child prior to the estate of such tenant in 

And in every other case the parties to concur or 
consent shall be all the persons in existence having any 
beneficial estate or interest under the settlement, and 
also all trustees having any estate or interest on behalf 
of any unborn child. 

But imless there shall be a person entitled to an Sect. 18. 

estate of inheritance whose consent or concurrence shall Petition may granted 

have been renised or cannot be obtamed, it shall be without con- 



sent, subject to 
the rights of 

Sect. 40. 

No person 
compellable to 
make or con- 
sent to appli- 

Sects. 19, 20. 

Notice of 
application to 
be given and 

Sect 20. 

Any person 
may apply to 
Court to be 
heard in oppo- 
sition to or m 
support of 
under this act. 

Sect. 26. 

Court may 
exercise powers 
conferred by 
act repeatedly. 

But may not 
exercise them 
if negatived in 

lawful for the Court, if it shall think fit, to give effect 
to any petition, subject to and so as not to affect the 
rights, estate or interest of any person whose consent 
or concurrence has been refused or cannot be obtained, 
or whose rights, estate or interest ought, in the opinion 
of the Court, to be excepted. 

Nothing in this act shall be construed to create any 
obligation, at law or in equity, on any person to make 
or consent to any application to the Court, or to exercise 
any power. 

Notice of any application to the Coiui; under this 
act shall be inserted in such newspapers as the Court 
shall direct, and shall be served on all trustees who 
are seised or possessed of any estate in trust for any 
person whose consent or concurrence to or in the 
application is hereby required, and on any other parties 
who, in the opinion of the Court, ought to be so served, 
unless the Court shall think fit to dispense with such 

Any person or body corporate, whether interested in 
the estate or not, may apply to the Court of Chancery 
by motion for leave to be heard in opposition to, or in 
support of, any application which may be made to the 
Court under this act; and the Court is hereby autho- 
rized to permit such person or corporation to appear and 
be heard in opposition to, or in support of, any such 
application, on such terms as to costs or otherwise, 
and in such manner, as it shall think fit. 

The Court shall be at liberty to exercise any of the 
powers conferred on it by this act, whether the Court 
shall have already exercised any of the powers conferred 
by this act in respect of the same property or not ; but 
no such powers shall be exercised if an express declara- 
tion or manifest intention that they shall not be exer- 


cised is contained in the settlement, or may reasonably 
be inferred therefrom, or from extrinsic circumstances 
or evidence ; provided always, that the circumstance of May exercise 
the settlement containing powers to effect similar pur- settlement con- 
poses shall not preclude the Court from exercising any ^*^. ^7^^ 
of the powers conferred by this act, if it shall think that purposes, 
the powers contained in the settlement ought to be 

The power to authorize leases conferred by this act Sect. 7. 
may be exercised by the Court, either by approving of ^*^® ma^^be^ 
particvdar leases, or by ordering that powers of leasing, authorized. 
in conformity with the provisions of this act, shall be 
vested either in the existing trustees of the settlement Sect. 10. 
or in any other persons ; and such powers, when exer- 
cised by such trustees, shall take effect in all respects 
as if the power so vested in them had been originally 
contained in the settlement, and so as to operate (if 
necessary) by way of revocation and appointment of the 
use, or otherwise as the Comi; shall direct ; and the 
Court, if it shall think fit, may impose any conditions 
as to consents or otherwise on the exercise of such 
power (but, except by consent or under special circum- 
stances, not a condition that the leases thereby autho- 
rized shall be settled by the Court (ar) ), and may also 
authorize the insertion of provisions for the appoint- 
ment of new trustees from time to time for the purpose 
of exercising such powers of leasing. 

When a lease or contract for a lease has been approved Sect. 9. 
by the Court, the Court shall direct what person shall ^Jo'^^q b^T^' 
execute the same as lessor ; and the lease or contract lessor, 
executed by such person shall take effect in all respects 
as if he was at the time of the execution thereof abso- 

(a?) Stat. 27 & 28 Vict. c. 45, s. 1. 


lutely entitled to the whole estate which is bound by the 

settlement, and had immediately afterwards settled the 

same according to the settlement, and so as to operate 

(if necessary) by way of revocation and appointment of 

the use, or otherwise, as the Coiut shall direct. 

Sect. 28. Aft«r the completion of any lease under the autho- 

Lease purport- j^^y Qf ^jjg Court, and purportinff to be in pursuance of 

ing to be made ; . . 

by Conrt in this act, the Same shall not be invahdated on the ground 

this act not to that the Court was not hereby empowered to authorize 
be invalidated, ^j^^ same; except that no such lease shall have any 
effect against any person whose concurrence in or con- 
sent to the application ought to hare been obtained, 
and was not obtained. 
Sect. 29. It shall be lawful for the Court, if it shall think fit. 

Costs of appli- to order that all or any costs or expenses incident to any 


application under this act shall be a charge on the here- 
ditaments which are the subject of the application, or on 
any other hereditaments included in the same settlement 
and subject to the same limitations; and the Court may 
also direct that such costs and expenses shall be raised 
by sale or mortgage of a sufficient part of such heredita- 
ments, or out of the rents or profits thereof, such costs 
and expenses to be taxed as the Court shall direct. 

Sect. 5. Any leases granted under this act (or otherwise (y) ) 

Leases may be may be surrendered, either for the purpose of obtaining 
surrendered -i r ^ i i i 

and renewed, a renewal of the same or not; and the power to autho- 
rize leases conferred by this act shall extend to authorize 
new leases of the whole or any part of the hereditaments 
comprised in any surrendered lease. 
Sect. 43. Nothing in this act shall authorize the granting of a 

Rights of lords lease of any copyhold or customary hereditaments not 

of manors not ^ i.^ j ^ 

to be affected, warranted by the custom of the manor without the con- 

(y) Stat. 21 & 22 Vict c. 77, s. 6. 


sent of the lord, nor otherwise prejudice or affect the 
rights of any lord of a manor. 

A lease made after the mortgage by a mortgagor in Mortgagor, 
possession, though it may be good by way of estoppel Leases by, 
between the parties to it (z), is, generally speaking, void * ^ ® ^^^ ' 
as against the mortgagee, who may eject the lessee 
without any previous notice (a). In order to create a 
tenancy between the mortgagee and the tenant let into 
possession by the mortgagor, there must be some evi- 
dence whence it may be inferred that such relation has 
been raised by mutual agreement (5). The mortgagee 
cannot, by merely giving the lessee notice of the mort- 
gage, make the lessee his tenant (i). 

Leases made before the mortgage by the mortgagor Leases before 
are binding on the mortgagee (c). ® "^° ^*^*' 

A lease granted by a mortgagee in possession, with- leases by 
out the concurrence of the mortgagor, cannot after re- JJ^j'^esswiT. ^°^ 
demption stand good as against the mortgagor (d). If 
the mortgagee grants a lease and puts the lessee in 
possession, the mortgagor may file a bill to redeem, and 
ask for an account against the mortgagee, as in a case 
of wilful default, and thereby raise the question whether 
the rent reserved was the best that could have been 
obtained (c?). Both mortgagor and mortgagee should 
therefore concur in leasing the mortgaged property, 
and in that case the instrument will operate as the 

(z) See post, p. 42 ; Doe t. (c) Mosh v. Gallimore, 1 Sm. 

Thompson, 9 Q. B. 1037. L. C. 561 ; see Rogers v. Huntn 

ia) Thunder v. Belcher , 3 phreys, 4 A. & E. 299. 

East, 449; Keech v. Hall, 1 (rf) See per Lord Romilly, M.R., 

Dougl. 21. See 9 B. & C. 253. in Pranklinski t. Ball, 34 L. J., 

(ft) 1 Sm. L. C. 570 (6th etl.) ; Ch., at p. 154; S. C, S3 Bcav. 

Etans V. Elliot, 9 A. & E. 342 ; 560. 
Brown v. Storey, 1 M. & Gr. 117. 


demise of the mortgagee and the confirmation of the 
mortgagor {e). 

Leases by If one makes a lease for years, by indenture, of lands 

^^ ' wherein he has no estate at the time when such lease is 

made, and afterwards piu"chases those lands, or other- 
wise acquires a legal interest in them, this will make 
good and unavoidable his lease, as well as if he had 
been in the actual possession and seisin thereof at the 
time when such lease was made ; because he having, by 
indenture, expressly demised those lands, is by his own 
act estopped from saying he did not demise them {/)> 
The tenant and those claiming under him (g), so long 
as they continue in possession imder the lease (A), are 
in like manner estopped from disputing the title of the 
landlord from whom he received possession (i), but 
they may show that such title has expired (A). A 
tenant who has attorned to a person from whom he 

(e) Doe Y. Adams, 2 Cr. & J. affirmed 6 H. & N. 136 ; 29 L. J., 

232 ; 2 Tyr. 289. Ex. 485. 

(/) Bac. Abr. (O.) 189. See (i) See per Bayley, J., 8 B. & 

Smith Y. Low, I Atk.iSO; Webb C. 475; White v. Foljambe, 11 

V. Austin, 8 Sc. N. R. 419 ; 7 M. Ves., at p. 344; Parry v. ffoiise, 

& Gr. 701 ; Doe v. Fuller, 1 Tyr. Holt, N. P. 489 ; Cooj>er v. 

& 6. 17 ; Sturgeon v. Wingjield, Blandy, 1 Bing. N. C. 45 ; 4 

15 M. & W. 224; 15 L. J., Ex. Moo. & Sc. 662; Doe T. Baytup, 

212 ; Doe V. Ongley, 10 C. B. 25 ; 3 A. & E. 188 ; Delaney v. Fox, 

20 L. J., C. P. 26. 2 C. B,, N. S. 768; 26 L. J., C. P. 

(g') Barivick T. Thompson, 7 248. 

T. R. 488 ; Taylor v. Needham, 2 (A) England v. Slade, 4 T. R. 

Tannt. 278 ; Doe y. Mills, 2 A. & 682. See per Best, C. J., in 

E. 17; Doe y. Austin, 2 Moo. & 2 Bing. 11 ; Neave y. Moss, 1 

Sc. 107 ; London and North Bing. 360 ; Doe v. Edwards, 5 B. 

Wettem By. Co. y. West, 36 L. & Ad. 1065 ; Doe y. Bamsbotham, 

J., C. P. 246; L. R, 2 C. P. 3M. &S. 516; Doer. Watson, 2 

653. Stark. 230 ; Mountney y. Collier, 

(A) Cuthbertson y. Irving, 4 1 E. & B. 630 ; 22 L. J., Q. B. 

H. & N. 742 ; 28 L. J., Ex. 306 ; 124. 


did not receive the possession is not estopped from 
showing want of title in such person (w). The 
estoppel must be mutual, or neither party will be 
bound by it; hence leases by married women or in- 
fiints will not operate by way of estoppel (n). More- 
over if any estate or interest passes by the lease it will 
not have this effect, though the interest purported to be 
granted may be greater than the lessor at the time has 
power to grant (o). The doctrine that no estoppel 
arises where it appears on the face of the deed that the 
lessor has no legal estate or interest in the premises 
must be taken to have been overruled (/?). The estop- 
pels continue no longer on either part than during the 
lease, for as they began at first by the making of the 
lease, so by the determination of the lease they are at 
an end likewise ; for then both parts of the indenture 
belong to the lessor (o). 

(3) Restrictions arising from Conjidential Relations. 

There are certain classes of persons, standing in con- 
fidential relations to the owners of property, who pos- 
sess pecidiar opportunities of obtaining a knowledge of 
the value of the property with which they are con- 
cerned, and peculiar means of influencing the minds 
of the persons for whom they act. Courts of Equity 
look with a jealous eye on the transactions of indivi- 

(ot) ComUh T. Searell, 8 B. & 6 H. & N. 136 j 29 L. J., Ex. 485. 

C. 471. (j>) See Morton v. Woodf, 38 L. 

(n) Bac. Abr. (O.)190; Smith J., Q. B. 81, 85; L. R., 4 Q. B. 

T. Low, 1 Atk. 489. 293 ; L. R., 3 Q. B. 658. See 

(o) Bac. Abr. (O.) 191. See also 5. C, 37 L. J.,Q.B.242,249; 

Cuthbertson t. Irving, 4 H. & N. Jolly y. Arbuthnot, 4 De G. & J. 

742 ; 28 L. J., Ex. 306 j affirmed 224 ; 28 L. J., Ch. 547. 



Renewal for 
his own benefit 
by person 
jointly inter- 
ested with in- 
fant in lease. 

Leases by 


duals occupying this position, and leases granted by- 
principals to agents, by clients to attorneys, by wards 
to guardians, by cestui que trusts to trustees, or by 
raortgagoi*s to mortgagees (y), wUl be set aside if the 
considerations given for the leases are grossly inade- 
quate (r), or if any advantage appears to have been 
taken of the confidential relation in which the parties 
stand («). 

If a person, jointly interested with an infant in a 
lease, obtains a renewal to himself only, and the lease 
proves beneficial, he wiU be held to have acted as trus- 
tee, and the infant may claim his share of the benefit ; 
but if the lease does not prove beneficial, the lessee must 
take it upon himself (^). 

Leases at an inadequate rent made by persons in a 
state of contrived intoxication will be set aside (m). 

When instm- 
ments are con- 
strued as mere 

Sect. III. — An actual Letting. 

A mere unaccepted proposal (ar), or a mere agreement, 
without any words of present demise, will not constitute 
the relation of landlord and tenant between the par- 
ties (y). And although words of present demise are 

((7) Webb T. Rorke, 2 Sch. & 
Lef. 661. 

(r) Ward v. Hartpole, 3 Bligh, 
470 ; Dawson v. Massey, 1 B. & 
Beat. 219. 

(«) Aylrvard T. Kearney, 2 B. 
& Beat. 463. See the notes to 
Hvguenin v. Baseley, 2 Wh. & 
Tad. L. C, Eq. 504. 

(<) Ex parte Grace, 1 B. & P. 

(«) Say T. Barmick, 1 V. & B. 

195 ; Cool-e V. Clay north, 18 Ves. 
12. See Pitt v. Smith, 3 Camp. 
33; Butler v. Mulvihill, 1 Bligh, 
(a*) Doe V. Cartwright, 3 B. & 

A. 326. See Clarke v. Fuller, 16 
C, B., N. S. 24. 

(y) Clayton v. Bnrtenshaw, 5 

B. & C. 41 ; Phillips v. Hartley, 
3 C. & P. 121. See Taylor v. 
Jackson, 2 C. & K 22. 




made use of, yet if upon the whole instrument (z), and 
having regard to the nature of the subject-matter (a), 
it does not appear to have been intended by the parties 
to operate as a lease, but only as preparatory and 
relative to a fiiture lease to be made, the law wiU rather 
do violence to the words than break through the intent 
of the parties {b). 

Thus, if there are matters to be ascertained, without 
which the terms of holding wiU not be perfectly com- 
plete (c) ; or if the instrument contains a stipulation that 
"& clause is to be added in the lease" for a parti- 
cular purpose {d), or a proviso that the instrument 
shall not be construed or taken to operate as a lease 
or actual demise (e); or if the lease is to take eftect 
only on the performance or happening of a condi- 
tion (y ) ; or if there is a want of certainty as to the 
time of commencement of the term and of the rent 
becoming due {(/), or as to the amoimt of rent (^) ; or 
if strong circumstances of inconvenience are apparent 
on the instrument, if it should be construed as a 

(z) See per Alderson, B., in 
Oore V. Lloyd, 13 L. J., Ex., at 
p. 372. 

(a) Doe V. Clare, 2 T. E. 739, 
744 ; Perring v. Brook, 7 C. & P. 
360; Fenny v. Child, 2 M. & 
S. 255, 257 ; Doe v. Powell, 8 Sc. 
N. R. 687; 7 M, & Gr. 980; 14 
L. J., C. P. 5. 

(A) Bac. Abr.(K.) 161; Doe\. 
Ashbvrner, 5 T. R. 163. See 
Morgan v. Bissell, 3 Taunt. 65 ; 
Browne v. Warner, 14 Ves. 156 ; 
Doe V. Smith, 6 East, 530 ; Tem- 
pest V. Bawling, 13 East, 18; 
Doe V. Powell, 8 Sc. N. R. 687 ; 
7 M. & Gr. 980 ; 14 L. J., C. P. 

5 ; Barvson v. Eicke, 7 A. & E. 
451 ; Brashier v. Jackson, 6 M. 
& W. 549 ; Chapman v. Towner, 
6 M. & W. 100; Bieknell v. Hood, 
5 M. & W. 104. 

(c) John T. Jenkins, 1 Cr. & 
M. 227 ; Jones v. Beynolds, 1 Q. 
B. 506; lOL. J., Q. B. 193. 

id) Doe V. Smith, 6 East, 530. 

(e) Perring v. Brook, 7 C. & 
P. 360. 

(/) Doey. Clarke, 7 Q. B. 211; 
14 L. J., Q. B. 233. 

(^) Dunk V. Hunter, 5 B. & 
A. 322, 325. See Clayton v. 
Burtenshaw, 5 B. & C. 41. 


lease {h) ; the instrument will be construed as a mere 
agreement for a lease, although it may contain worcU 
of present demise. 
When instru- Instruments not under seal can now operate as leases 
Btrucd as leases. o^^J when the terms of years to which they relate will 
end within three years from the making of the instru- 
ment, and when the rent reserved during such term 
amounts to two-third parts at the least of the fuU im- 
proved value of the premises (i). An instrument 
coming within this description, although it may be 
designated an agreement, and may contain a stipula- 
tion for the execution of a future lease (A), will never-^ 
theless be held to operate as a lease if it contains 
words of present demise, such as "I demise," "doth 
set and let," "doth agree to let"(Z), "shall enjoy" (w), 
&c., uncontrolled by expressions of a contrary import, a 
specific rent being reserved, and the time at which the 
tenancy is to commence being clearly ascertained (A), 
And it would seem, that an agreement for a ^tur^ 
lease, under which a person has entered into posses- 
sion, not containing any words of present demise, but 
providing that in the meantime, until the lease shall 

(A) Morffanr. BisseU,ST&ant. 368; Doe v. Mies, 8 Bing. 178; 

65 ; Doe v. Powell, 8 Sc. N. R. Pearce t. Cheslyn, 4 A. & E. 

687, 700; 7 M. & Gr. 980; U 225; Alderman y. Neate, A: TA. Si 

L. J., C. P. 5. See Hay ward \. W. 704; 3 Jur. 171; WiUon y. 

Haswell, 6 A. & E. 265. Chigholm, 4 C. & P. 474 ; Chap- 

(i) deepest. Chap. III., Sect. 2. man v. Bluck, 4 Bing. N. C. 187, 

(*) Baxter v. Browne, 2 W. (Z) Staniforth r. Fox, 7 Bing. 

Bl. 973; Poole v. Bentley, 12 590 ; 5 M. & P. 689; Tarte v. 

East, 168; 2 Camp. 286; War- Derby, 15 M. & W. 601; 15 L. 

man v. Faithfull, 5 B. & Ad. J., Ex. 326. 

1042 ; Doe V. Benjamin, 9 A. & (m) Doe v. Ashburner, 6 T. B. 

E. 644, 651; 1 P. & D. 440; 163. 

HancocJi v. Caffyn, 8 Bing. 358, 



be executed, the intended lessee shall pay tlie rent and 
perform the covenants, with a power of distress for non- 
payment of rent, will amount to a present demise (w). 

Sect. IV. — Exclusive Possession. 

If possession of the premises is to be given up for Licences, 
certain pui-poses only, the transaction wiU be construed 
as a licence, and not a lease (o). A mere licence does 
not confer any estate in the property to which it relates, 
and is determined by an assignment of the subject- 
matter in respect of which the privilege is enjoyed (/>), 
But a licence to put goods on land involves a permis- 
sion to the person so licensed to take away the goods 
and to take a reasonable time to do it (^q). 

An occupation of premises as servant or agent for Occupation as 
,1 • J. _f ^ • servant or 

the more convenient performance oi service, or as a aoent. 

mere remuneration for services, is in law the occupa- 

(n) Ilancock v. Caffyn, 8 Bing. 
358, 365; 1 Moo. & Sc. 521. See 
Pinero v. Judson, G Bing. 206 ; 
3 M. & P. 497; Anderson v. Mkl- 
land Ry. Co., 3 E. & E. 614; 30 
L. J., Q. B. 94; 7 Jnr., N. S. 411; 
3 L. T., N. S. 809. Bnt see Doe 
V. Foster, 3 C. B. 215 ; 15 L. J., 
C.P.263; Cavideny.Batterhury, 
5 C. B., N. S. 808; 28 L. J., C. P. 
187; 7 C. B., N. S. 864; 28 L. J., 
C. P. 335. 

(i») Taylor v. Caldwell, 3 B. & 
S. 826, 832 ; 32 L. J., Q. B. 164; 
11 W. R. 726; 8 L. T., N. S. 356; 
Hancock v. Austin, 14 C. B., N. 

S. 634; 32 L. J., C. P. 252; 11 
W. R. 833 ; 8 L. T., N. S. 429 ; 
Ward V. Day, 4 B. & S. 337 ; 5 
B. & S. 359 ; 33 L. J., Q. B. 3, 
254; Watk'iHS v. Gravexend and 
Milton Union, 37 L. J., M. C 
73, 77. See Jones v. Jt/^ytioUis, 
4 A. & E. 805; ^y'ood v. Manley, 
11 A. & E. 34; 9 L. J., Q. B. 27. 

(p) Coleman v. Foster, 1 H. & 
N. 37. 

(y) Per Willes, J., in Cornish 
V. 8tvbbs, 39 L. J., C. P., at j). 
206. ^CGWood\.Leadbitter,VA 
M. & W. 838 ; 14 L. J., Ex. 161. 



tion of the master and not of the servant (r), and does 
not create the relation of landlord and tenant between 
the parties {s). It has been held, that, in such cases, 
no notice to quit is necessary, if the service is put an 
end to {t). 

(r) Bertie v. Beaumont, 16 
East, 33, 36 ; Rex v. Inhabitants 
of Kelstern, 6 M. & S. 136; Rex 
V. Inhabitants of C7ieshunt, 1 B. 
& A. 473. 

(«) See Doe y. Bcrri/, 9 C. & 

P. 494 ; Mayhew v. Siittle, 4 E. 
& B. 347 ; 1 Jut., N. S. 303 ; 24 
L. J., Q. B. 54. 

{t) Doe V. Derry, 9 C. & P. 
494. See Doe v, Miles, 1 Stark. 

( 49 ) 




Sect. I. Tenancy by sufferance 49 

II. Tenancy at will 50 

Where implied .. .. .. .. .. ..50 

Effect of payment of rent . . . . . . . . 52 

m. Tenancy fkom yeae to year 53 

Where implied .. .. .. .. •• ..53 

How implication may be rebutted . . . . . . 54 

Terms consistent with .. .. .. .. ..56 

IV. Tenancy for years 57 

For years, subject to contingency .. •. ..58 

Option to take further term . . . . . . . . 58 

V. Tenancy FOE LIFE 59 

Sect. I. — Tenancy by Sufferance. 

A TENANT by sufferance is one who at first came in by 
a lawful demise, but after his estate is ended wrongfully 
holds over (a); as, for instance, a tenant for the life of Instances, 
another who continues in possession afler the decease 
of the person for whose life he holds (b) ; or, a tenant 
for years who holds over afler the expiration of his 
term (c) ; or, an under tenant who continues in posses- 
sion afler the determination of the original lease {d) ; 
or, a lessee at will who keeps possession af\«r the will 
has been determined by the death of the lessor (c). 

This so-called tenancy was probably originally a 
mere device to prevent adverse possession from taking 

(a) Co. Lit. 57 b. M. & R. 261 ; 4 Tyr. 781. 
, (ft) Ihid. (e) Co. Lit. 57 b. See post, 

(c) Co. Lit. 57 b, 270 b. See Chap. V., Sect. 1.(2). For other in- 

Jiayley v. Bradley, 5 C. B. 396 ; stances of tenancy by sufferance, 

16 L. J., C. P. 206. see Doe t. Lawder, 1 Stark. 308 ; 

(rf) Simpkiny.Athhitrtt, 1 Cr., JJoe v. Qiiigleij, 2 Camp. 505. 

F. E 



of owner. 

place (y). It necessarily implies the absence of any 
Effect of assent agreement between the parties, and by the assent of the 
owner to the continuance of possession by the tenant 
will be converted into a tenancy at will(/). 

Against the Crown there can be no tenancy by 
sufferance {g). 

How created. 


Sect. II. — Tenancy at Will. 

" Tenant at will is where lands or tenements are let 
by one man to another, to have and to hold to him at 
the will of the lessor, by force of which lease the lessee 
is in possession. In this case the lessee is called 
tenant at will, because he hath no certain nor sure 
estate, for the lessor may put him out at what time it 
pleaseth him "(A). But every lease at will must in law 
be at the will of both parties, and therefore when a 
lease is made to have and to hold at the will of the 
lessor, the law implies it to be at the will of the lessee 
also ; and when a lease is made to have and to hold at 
the will of the lessee, this must be also at the will of 
the lessor (i). 

Tenancy at will may be created by express agree- 
ment (A), but it also arises by implication where pre- 
mises are in the occupation of a person holding them 
with the consent of the owner, but possessing neither a 
freehold estate in them, nor a lease for a definite 
term (Z). Hence a tenancy at will is implied in tlie 
follomng cases : — 
1. Occupation Where a person lives in a house rent free by the per- 

By implica- 

(/) Smith L. & T. 31. 

(^) Co. Lit. 57 b. 

(A) Lit. sect. 68. 

\i) Co. Lit. 55 a. 

(A) Richardson v. Langridge, 

4 Taunt. 128; Doe v. Cox, 11 Q. 
B. 122; 17 L. J., Q. B. 3. 

(0 Smith L. & T. 20. See 
Doe V. Jone», 10 B. & C. 718; 
I)oe V. M'Kaeg, 10 B. & C. 721. 


mission of the owner (m) ; provided the occupation is rent free l»y 

, ■ .^ -A f A A permission of 

not m the capacity oi servant or agent, or as a mere owner. 

I'emuneration for services (n). 

Where possession is taken with the consent of the 2. Occupation 
intended lessor (o), under an agreement for a lease (p), mcnt for lease, 
or under an invalid lease {q). ' ""' ^^''^ ^'*'*- 

Where possession is taken in pursuance of an agree- 3. Occnpation 
ment for the sale of premises (r). In the absence of chase agree- 
an agreement to pay for the occupation, no action for ™*^°*' 
use and occupation can be brought against the vendee 
whilst he is in possession under the contract of sale, 
because, although a tenant at will, he is not bound to 
pay rent. After the purchase has gone off, the person 
remaining in possession still continues tenant at will, 
but as the pajTnent of the purchase-money, which was 
to be the compensation for his occupation, is then at an 
end, he becomes from that time liable to an action for 
use and occupation («). 

Where a tenant, after his lease has expired, is per- 4. Holding 

(i») Rex v. Collett, R. & R. C. 210 ; Doe v. Jackson, 1 B. & C. 

C. 498 ; Rex v. Johling, R. & R. 448 ; Doe v. Miller, 6 C. & P. 

C. C. 525 ; Doe v. Groves, 10 Q, 595 ; Doe v. Rock, Car. & M. 549; 

B. 486 ; 16 L. J., Q. B. 297. 4 M. & Gr. 30 ; 11 L. J., C. P. 
(w) Ante, p. 47. 194 ; Ball y. Cullimore, 2 Cr., M. 
(o) ^eDoe\.Quigley,2Ca,m^. & R. 120; Doe v. Chamberlain, 

505. 5 M. & W. 14 ; Homard v. Shaw, 

(p) Judgment of Littlcdale, J., 8 M. & W. 118 ; 10 L. J., Ex. 

in Hamerton v. Stead, 3 B. & 334. 

C, at p. 483. Judgment of Parke, («) Judgments of Parke, B., 
B., in Braythitayte v. Hitchcock, and Alderson, B., in Howard v. 
10 M. & W., at p. 497; 12 L. J., Slmm, 10 L. J., Ex., at p. 336 ; 
Ex., at p. 39. See Regnart v. Hearn v. Tomlin, Peake, N. P. 
i^</r<er, 7 Bing. 451. C. 192; Kirtland v. Pounsett, 

(^) Ooodtitlev. Herbert, 4 T. 2 Taunt. 145; Mlnterbottom v. 

r'. 680; Denn v. Feamside, 1 Ingham, 7 Q. B. 611 ; 14 L. J., 

Wils. 176. Q. B. 298. See Teic v. Jones, 13 

(r) Right V. Reiird, 13 East, M. & W. 12; 14 L. J, Ex. 94. 




over during 
treaty for new 

5. Indefinite 

C. Occupation 
by cestui que 

Effect of pay- 
ment of rent. 

mitted to continixe in possession pending a treaty for a 
new lease (t). 

A mere general letting (m) or a simple pennission to 
occupy creates a tenancy at will, unless there are cir- 
cumstances to show an intention to create a tenancy 
from year fo year; as, for instance, an agreement to 
pay rent by the quarter, or some other aliquot part of 
the year (x). 

A cestui que trust, who is in possession of an estate 
by the consent or acquiescence of the trustee, is re- 
garded at law as his tenant at will. But this doctrine 
only applies where the cestui que trust is the actual 
occupant; where he is merely allowed to receive the 
rents, or otherwise deal with the estate in the hands 
of occupying tenants, he is only the agent of the 
trustee (y). 

In all these cases, however, payment of rent by the 
tenant Avith reference to a yearly holding, or an admis- 
sion by him of a charge of half-a-year's rent in an 
account between him and his landlord (z), will raise a 
presumption of a change from a tenancy at will into 
a tenancy from year to year (a). But rent may be 
expressly reserved upon a lease at will, and payment 
in pursuance of such reservation will not change the 
character of the tenancy {b). 

(t) Doe V. StenneU, 2 Esp. 717, 

(m) Judgment of Chambre, J., 
in Richardson v. Langridge, 4 
Taunt., at p. 132 ; Roe v. Lees, 2 
W. Bl., at p. 1173. But see Doe 
V. Watts, 7 T. R., at p. 85. 

{x) Per Parke, B., in Doe v. 
Wood, 14 M. & W., at p. 687 ; 
Doe V. Gardiner, 12 C. B. 319; 
21 L. J., C. P. 222. See In re 
Stroud, 8 C. B. 502; 16 L. J., C. 

P. 117; Fitzmaiirice v. Bayley, 
8 E. & B., at p. 679. 

(y) Melling v. Leak, 16 C. B. 
652; 24L. J., C. P. 187. 

(2) Cox v. Bent, 5 Bing. 185. 

(«) See/ww^, p. 53. 

(ft) Doe V. Cox, 11 Q. B. 122; 
17 L. J., Q. B. 3; Doe v. Davies, 
7 Ex. 89 ; A nderson v. Midland 
Ry. Co., 3 E. & E. 614 ; 30 L. J., 
Q. B. 94. 



Sect. III. — Tenancy f rum Year to Year. 
Tenancy from year to year differs from tenancy at Distinguished 
will in the notice required to be given by landlord a't^wilL°*°*^^ 
or tenant in order to determine the tenancy (c). A 
tenant from year to year has a lease for one year cer- 
tain, with a growing interest during every year there- 
after, springing out of the original contract, and parcel 

This tenancy may be either expressly created, by 
letting premises to hold " from year to year " {e) ; or Where im- 
may arise by implication where rent is paid in respect 
of the occupation of premises, and with reference to a 
yearly holding (/). 

Where a person has entered into possession of pre- l. Entry and 
mises and paid rent (^) imder a void lease (A), or under rentTander 

an agreement for a lease (i) ; although such agreement ^°**^ lease or 
° ^ V / ' D D agreement. 

is unwTitten, and therefore void (A), and no lease has 
ever been tendered by the lessor or demanded by the 


(c) Post, Chap, v., Sect I. (3). 

(rf) Cattley v. Arnold, 1 J. & 
H. 651 ; 28 L. J., Ch. 352. 

(«) Post, Chap, in., Sect. 2, p. 

(/) Per Parke, B., in Brayth- 
Kayte v. Hitchcock, 10 M. & W., 
at p. 497. See Doe v. Wood, 14 
M. & W. 682 ; 15 L. J., Ex. 41. 

{g) See Cox v. Bent, 5 Bing. 
185; ayite, p. 52. 

(A) Doe v. Bell, 5 T. R. 471 ; 
Doe V. Watts, 7 T. R. 83 ; Clay- 
ton v. Blakey, 8 T. R. 3 ; Rlch- 
ardgon T. Gifford, 1 A. & E. 52; 
Doe T. Collinge, 7 C. B. 939, 960; 
18 L. J., C. P. 306; Lee v. Smith, 
9 Ex. 662; 23 L. J., Ex. 198; Doe 
V. Tanicre, 12 Q. B. 998, 1013; 

18 L. J., Q. B. 49; Doe v. Moffatt^ 
15 Q. B. 257; 19 L. J., Q. B. 438;' 
Tress v. Savage, 4 E. & B. 36; 23 
L. J., Q. B. 339. 

(i) Doe V. Smith, 1 Man. & Ry. 
137 ; Mann v. Lorejoy, Ry. & M. 
355; Knight v. Benett, 3 Bing. 
361; Cox V. Bent, 5 Bing. 185; 
Doe w.Aviey, 12 A. & E. 476; 
Doe V. Foster, 3 C. B. 215; 15 
L. J., C. P. 263; Chapman v. 
Towner, Q M. & W. 100; Brayth- 
wayte v. Hitchcock, 10 M. & W. 
494; 12 L. J., Ex. 38; Bennett v. 
Ireland, E. B. & E. 326; 28 L. J., 
Q. B. 48. See Bolton v. Tomlin, 
1 N. & P. 247 ; 5 A. & E. 856. 

(*) Knight v. Benett, 3 Bing. 
Z&\,po*t, p. 61. 



2. Holding 
over and jwy- 
nient of rent 
after expira- 
tion of lease. 

3. Holding 
over and pay- 
ment of rent 
nnder lease 
made by tenant 
for life. 

of tenancy 
from year to 

loiiBOC(in), he is presumed to be tenant from year to 
year upon such of the terms of the instrument as are 
consistent with that tenancy (n). Reference may be 
made to the instrument to ascertain the terms of the 
tenancy (o). 

The tenancy thus imphed will cease, without any 
notice to quit, at the end of the term mentioned in the 
instrument (/)). 

A tenant who continues in occupation after his lease 
has exj>ired, and pays rent, is presumed to hold as 
tenant from year to year on such of tlie covenants and 
conditions of the former lease as are applicable to a 
tenancy from year to year (q). 

Where the lessee imder a lease which becomes void 
on the death of the lessor continues in possession of the 
demised premises after that event, and pays rent to the 
succeeding owner, the latter, by accepting such rent, 
admits that the person in possession is his tenant from 
year to year, upon such of the former terms as are con- 
sistent with that tenancy (r). 

In order to give rise to the presumption of a tenancy 
fix)m year to year in the above cases it is necessary that 

(«) Weakly y.BucImellfCoyrp. 

(n) Doe V. Bell, 8 T. R. 471 ; 
Richardwn v. Oifford, 1 A. & E. 
62; Doe T. Amey, 12 A. & E. 476; 
Mann v. Lotejoy, Ry. & M. 355 ; 
Beale v. Sanders, 3 Ring. N. C. 
850; TVest t. Savage, 4 £. & R. 
36; 23 L. J., Q. R. 339. 

(o) Per Martin, R., in Lee v. 
Smith, 9 Ex., at p. 665 ; Bolton 
V. Timlin, 1 N. & P. 247 ; 5 A. 
& E. 866 ; De Medina v. Poison, 
Holt, N. P. 47. See Cumberland 
T. OlamU, 16 C. R. 348 ; 24 L. J., 
C. P. 46. 

(p) Doe V. Stratton, 4 Ring. 
446; 3 C. & P. 164; Doe v. Moffat, 
15 Q. R. 257; 19 L. J., Q. R. 438; 
Tress v. Savage, 4 E. & R. 36; 
23 L. J., Q. R. 339. 

(j) Digby v. Atkinson, 4 Camp. 
275; Bishop y. Hoimrd, 2 R. & 
a 100; HyaU v. GHffiths, 17 
Q. R. 505; Finch v. MUler, 6 
C. R. 428. See Peirse v. Shaw, 
2 Man. & Ry. 418. 

(r) Doe v. Watts, 7 T. R. 83; 
Doe V. Morse, 1 R. & Ad. 365, 
369. See Cornish v. Stubbs, 39 
L. J., C. P. 202, 205. 


possession should be taken or kept with intent to hold year may be 

as tenant (s). Whether this intent does or does not . „ 

. . . . 1- By proof 

exist is a question for a jury to decide on the circum- that possession 

stances of each case (*). The rent must also have been with intent to 
paid with reference to a yearly holding (^). It is com- I"*"'^*^ **"*"*• 
petent to either the payer or receiver of rent to prove circumstances 
the circumstances under which the payment was made, rent was paid 
and by such circumstances to repel the legal implica- ^^ received, 
tion which would arise from the receipt of rent unex- 
plained (m). Thus, a landlord who has received rent 
from a tenant holding over, may show that such rent 
was accepted by him in ignorance of the death of a 
person for whose life the premises were held (o). 

The presumption that the tenancy from year to year Presomption 
implied from holding over after the expiration of a lease ^ ^t immer 

is at the former rent, or on the former terms, may be terms may also 

' _ ' •' be rebutted, 

rebutted by evidence of an intention to alter the terms 

of the tenancy (x). A mere alteration in the rent will j 

not, however, rebut the presumption that the tenant I f // 

holds on the other terms of the former contract (y). A 

reversioner who has received rent under a lease granted 

by a tenant for life, which determined on his death, may 

show that she was ignorant of a special covenant on the 

part of the lessor contained in such lease ; and in that 

case, if there is no other evidence that she agreed to the 

(«) Judgment in Mnlay v. v. Shirley, cited in 10 East, 164 ; 

Bristol and Exeter Ry. Co. 7 Doe v. Francig, 2 Moo. & R. 57. 

Ex., at pp. 417, 420. (c) Doe v. Crago, 6 C. B. 90 ; 

{t) Braythwayte v. Hitchcock, 17 L. J., C. P. 263 ; Smith, L. & 

10 M. & W. 494, 497. See Rich- T. 28. 

ardson t. Langrldge, 4 Taunt (a?) Thetford v. Tyler, 8 Q. B. 

128, 132 ; Doe v. Wood, 14 M. 95 ; 15 L. J., Q. B. 33. 

& W. 682 ; 15 L. J., Ex. 41. (y) Digby y. Atkinson,,i Camp. 

(tt) Per Wilde, C. J., in Doe V. 275; Doe v. Raffan, 6 Esp. 4; 

Crago, 6C. B., at p. 98; Right v. Doe v. Geekie, 5 Q B. 841 ; 13 

Bawden, 3 East, 260 ; Mildmay L. J., Q. iS. 239. 



nicnt of im- 
plied tenancy. 

Terms consis- 
tent with 
tenancy from 
jear to year. 

tenancy continuing on the former terms than such pay- 
ment and receipt of rent, she will not be bound by the 
covenant (r). Whether the tenant does or does not 
hold on the former terms is a question of fact for a 
jury (z). 

An implied tenancy from year to year is presimied to 
commence on the same day of the year as the original 
tenancy ; but this also has been held to be a question for 
the decision of a jury, upon a consideration of all the 
facts of each case (a). 

When it is said that a })er8on becoming tenant from 
year to year may be deemed to hold over on the terms 
of a prior lease, that rule cannot be confined to such 
terms as are necessarily incident to a yearly tenancy, for 
it would then have no meaning. It must include such 
terms as may be incident to such a tenancy {b). The 
following terms have been held to be consistent with 
a tenancy from year to year : — Covenants to keep 
premises in repair (c) ; to pay rent (damage by fire ex- 
cepted) (ff) ; to keep open a shop, and to use best 
endeavours to promote the trade of it during the 
tenancy (e); that tlie tenant may retain and sow 
forty acres of wheat on the arable land demised at the 
seed time next after the end of the term, and leave the 
standing thereof until the harvest then next following, 
rent free, with the use of premises for threshing, &c. 

(z) Oakley t. Monck, 3 H. & 
C. 706 ; 34 L. J., Ex. 137; 36 L. 
J., Ex. 87 ; L. R., 1 Ex. 159. 

(a) Walker y. Gode, 6 H. & 
N. 694. But see judgment of 
Martin, B., at p. 600, and obser- 
vations of Pollock, C. B., in Oak- 
ley T. MoHck, 3 H. & C, at p. 714. 

(ft) Per Pattcson, J., 17 Q. B. 

(c) Richardson v. Oifford, 1 
A. & E. 52; Arden v. Sullivan, 
14 Q. B. 832. And see judgment 
in Doe v. Amey, 12 A. & E., at 
p. 479 ; and per Erie, J., in Bowes 
V. Oroll, 6 E. & B , at p. 264. 

(d) Bennett v. Ireland, E., B. 
& E. 326 ; 28 L. J., Q. B. 48. 

(c) Sanders v. Karnell, 1 F. & 
F. 356. 


till a certain day (y*) ; that the tenant shall be paid for 
tillages on the expiration of his tenancy (^) ; that the 
tenant shall leave all the manure upon the farm at the 
end of his tenancy (A) ; covenants against taking suc- 
cessive crops of corn {i) ; and stipulations for the culti- 
vation of lands on any system (A) ; reservation of the 
rent payable in advance (/); provisoes for re-entry on 
non-payment of rent, or non-performance of cove- 
nants (m) ; or (in the case of a mining lease), that the 
tenancy may be determined by a six months' notice, 
expiring at any time (w) ; also a stipulation that the 
tenancy shall be determinable at a particular time (o). 

The following terms are inconsistent with a tenancy Terms incon- 
from year to year: — Covenants by tenant to build, or to tenancy^from 
do such substantial repairs as are not usually done by y^*"" ^ y^*'"- 
tenants from year to year (p); to paint once in three 
years ((7) ; to put premises in repair before he commences 
his occupation (y) ; a stipulation for two years' notice 
to quit (r). 

Sect. IV. — Tenancy for a Term of Years. 
Tenancy for a term of years is always the result of Created only 
an express contract. No limit is imposed by law to contr«:T^ 

(/) HyaU T. Griffiths, 17 Q. Amey, 12 A. & E. 476. 
B. 505. («) Bridges v. Potts, 17 C. B., 

(g) Brocklington y. Saunders, N. S. 314 ; 33 L. J., C. P. 338, 

13 W. R. 46. 343. 

(A) See Roberts v. Barker, 1 (0) See per Maale, J., in .fferrey 

Cr. & M. 808. V. lAndley, 3 M. & Gr., at p. 514; 

(0 Doe T. Amey, 12 A. & E. 11 L. J., C. P., at p. 32. 
476. (jp) See per Erie, J., in Bowes 

(A) Per Martin, B., in 1 H. & v. Croll, 6 E. & B., at p. 264. 
N. 734. {q) See jndgments of Tindal, 

(Z) Lee V. Smith, 9 Ex. 662 ; C. J., and Parke, J., in Pinero v, 

23 L. J., Ex. 198. Judson, 6 Bing., at pp. 210, 21 1. 

(7m) Thomas v. Packer, 1 H. & (r) Tooker v. Smith, 1 H. & 

N. 609; 20 L. J., Ex. 207; Doe v. N. 732. 





Lease for years 
subject to con- 

Leases for 
years determi- 
nable at option 
of lessee or 

Lease for 
years, with 
option to take 
farther term. 

the number of years for which leases may be made by 
persons possessed of absohite interests, and under no 

Every contract sufficient to make a lease for years 
ought to have certainty in three limitations, viz., in the 
commencement of the term, in the continuance of it, 
and in the end of it ; and these three are in effect but 
one matter, showing the certainty of the time for which 
the lessee shall have the land, and if any of these fail, 
it is not a good lease, for then there wants certainty (s). 

The duration of a lease for years may, however, be 
made to depend upon a contingency, provided a fixed 
number of years is first specified, for which the lease is 
to last, if not previously determined by the happening 
of the condition. Thus, a lease may be granted for 
twenty-one years if the tenant shall so long continue to 
occupy the premises (<), or for twenty years if the cover- 
ture between certain persons named shall so long con- 
tinue (m) ; or for years dependent upon the duration of 
a life or lives. 

Leases for years may be made determinable at spe- 
cified periods, at the option of the lessor or lessee (x). 
A lease for three, six, or nine years, is a lease for nine 
years, determinable at the end of three or six years (y). 

Leases may also be granted for fixed terms of years 
and afterwards fi'om year to year (z)y or for a term of 

(») Plowden's Commentary, 272. 
See pott, Chap. III., Sect. 2, p. 79, 
for construction of provisions as 
to commencement of leases. 

(<) Doe V. Clarke, 8 East, 185. 
As to the construction of this con- 
dition, see Doe v. Steward, 1 A. 
&£. 300. 

(«) BacAbr. (L.8)177. 

(x) See Cotton v. Lingham, 1 
Stark. 39 ; Gray v. Friar, 6 Ex. 

684 ; 4 H. L. Cas. 565. 

(y) Goodright v. Miohardson, 
3 T. R. 462. See Ferguion v. 
Cornish, 2 Burr. 1032; 3 T. R. 
463, note (a). As to the exercise 
of the option, see pott. Chap. V., 
Sect. I. (4). 

(z) Brown v. Trumper, 26 
Beav. 1 1 ; Jonet v. Nixon, 1 H. 
& C. 48; 31 L. J., Ex. 605. 



years with an option to the lessee to take a lease for a 
further term (a). This option may be exercised by the 
tenant at any time during the continuance of the tenancy, 
though after the expiration of the term of years first 
specified (i), and it will pass to his assignee in bank- 
ruptcy (6). 

Sect. V. — Tenancy for Life. 

Leases for life may be made either for the life of the 
lessee or for the life or lives of some other person or 
persons, and in the latter case either for their joint lives 
or for the life of the survivor (c). 

If a man grant an estate to a woman while she Estate for life 

• T J • 'J 1 J »• determinable, 

remams unmamed, or during widowhood, or quamdiu 

se bene gesserit, or to a man and woman during the 

coverture ; in all these cases the lessee has, in judgment 

of law, an estate for life determinable {d). 

If one grant by deed lands or tenements, and express Indefinite 

or limit no estate, the grantee has an estate for life (d) ; 

unless the whole deed, taken together, suggests a different 

construction (e). 

(a) See Hersey v. Gfiblett, 18 
Bear. 174 ; 23 L. J., Ch. 818. 

^J) Moss V. Barton, L. R., 1 
Eq. 474; Buckland v. Papillon, 
36 L. J., Ch. 81 ; L. R., 2 Ch. 67. 

(c) As to the construction of 

leases for lives, mepost. Chap. III., 
Sect. 2, p. 82. 

id) Co. Lit 42 a. 

(e) See judgment in Doe T. 
Dodd, 6 B. & Ad., at pp. 692— 

( 60 ) 




Sect. I. Agreements fob leases 61 

(1) Statutory requisites .. .. .. .. ..61 

Essentials of memorandum . . . . . . 61 

(2) In what cases parol agreements are enforceable . • 62 

Part performance . . . . . . . . . . 62 

Fraud 64 

Agreement admitted and statute not insisted on. 64 

(3) Rights of intended lessee . . . . . . . . 64 

(4) Remedies for breach of agreement . . • . . . 65 

Action for damages . . . . . . ... 65 

Specific performance . . . . . . . . 65 

(5) Stamps 66 

II. Leases 67 

(1) Statutory requisites .. .. .. .. ..67 

In what cases leases may be made by parol . . 68 

(2) In what cases extrinsic evidence is admissible . . 69 

(3) Form and construction of lease 71 

Date 73 

Recitals 73 

Consideration . . . . . . . . . . 73 

Operative words . . . . . . . . . . 74 

Parcels 74 

Exceptions and reservations . . . . . . 77 

Habendum . . . . . . . . . . . . 79 

For years . . . . . . 79 

From year to j'ear .. .. .. ..81 

For life 81 

Reddendum 82 

Covenants . . . . . . . . . . . . 84 

Dependent or independent 87 

Joint or several . . . . . . . . 87 

Proviso for re-entry .. .. ,. ..88 

Power to resume possession . . . . . . 92 

(4) Stamps 93 

Effect of want of 93 

misstatement of consideration . . . . 95 

Description and amount of stamp required . . 97 

(5) Counterparts and duplicates .. .. .. 101 

Stamps 102 

(6) Matters relating to completion of lease .. ..102 

Execution 102 

Effect of non-execution by lessor . . . . 103 

„ alterations after execution . . 104 

Registration 105 

Cnstody of lease .. .. .. .. .. 105 

Coets 106 

Entry of lessee 106 


Sect. I. — Agreements for Leases. 
(1) Statutory Requisites. 

No action shall be brought whereby to charge any stat. 29 Car. 2, 

person upon any contract or sale of lands, tenements or ^: ' *' 

. Agreements 

hereditaments, or any interest in or concerning them (a), for leases of 
unless the agreement upon which such action shall be some 'memo- 
brought, or some memorandum or note thereof, shall be of"mi^t*beTn 
in writing, and signed (6) by the party to be charged ^tinf?. and 
therewith (c), or some other person thereunto by him party to"be 
lawfully authorized. therewith. 

It is not necessary that the memorandum or note Essentials of 
should be contemporaneous with the agreement (rf) ; or 
that it should have the character of a written contract 
between the parties, or be delivered to the person who 
is to have the remedy upon it (e). A note or letter 
written by the lessor to any third person, containing 
directions to carry the agreement into execution, is 
sufficient (f). The memorandum, however, must not 
be a mere proposal for a tenancy (jf) ; and it must state 
all the essential terms of the contract (k), that is to say, 

(a) See judgment of Littledale, (rf) Per Lord Ellenborongh, 

J., in I^vans v. Jloherts, 5 B. & C, C. J., in Shippey v. Derrison, 

at p. 839; Inman v. Stamp, 1 5 Esp., at p. 193. 

Stark. 12; Edge v. Strafford, 1 (e) See judgment of Willes, J., 

Cr.&J. 391; 1 Tyr.293. But see in Gibson v. Holland, 35 L. J., 

Wriffht V. Starert, 2 E. & E. 721; C. P., at p. 6. 

29L.J.,Q.B.161; 8 W. R. 413. (/)Sug. V. & P. 122 (Ilthed.); 

(i) See Stokes v. Moore, 1 Cox, Gibson v. Holland, 35 L. J., C. P. 

219 ; Propert v. Parker, 1 Russ. 5 ; L. R., 1 C. P. 1 (a decision on 

& M. 625; Bleakley v. Smith, sect. 17). 

11 Sim. 150; Selby v. Selby, (jg) Clarke y. Fuller, \& CR., 

3 Mer. 2. N. S. 24 ; 12 W. R. 671 ; Forster 

(«) Seton V. Slade, 7 Ves. v. Rowland, 7 H. & N. 103; 30 

265; Fowle v. Freeman, 9 Ves. L. J., Ex. 396. 

351 ; Lnythoarp v. Jiryant, 2 (A) Williams v. Lake, 2 E. & 

Bing. N. C. 735. E. 349, 354 ; 29 L. J., Q. B. 1. 


the subject-matter — describing with certainty the pre- 
mises to be demised (i) ; the duration of the term (A) ; 
the amount of the fine (if any) or other consideration (/), 
and of the rent ( wi ) ; and the names of both the parties 
to the agreement (n). 

(2) In what cases parol Agreements are enforceable. 
Part per- Cotirts of Equity (including the County Courts in 

cases where the total amount of rent payable during the 
term does not exceed 500/. (o)) will enforce performance 
of un^vritten and unsigned agreements for leases, made 
by persons having power to grant such leases {p), pro- 
vided such agreements are certain and complete (q) ; 
are either admitted or clearly proved (r), and have 
been partly performed (*). Before decreeing specific 
performance the Court has, first of all, to ascertain 
that there has been a parol agreement, and to know 
the terms of that agreement ; and if satisfied on these 
points has then to inquire whether it has been in part 
performed (t). 

See Jacksan v. Oglander, 2 Hem. ment in Warner v. Willington, 

& M. 465 ; 13 W. R. 936 ; Bau- 3 Drew., at p. 630. 

mann v. James, L. R., 3 Ch. 508; (o) Stat. 28 & 29 Vict. c. 99, 8. 

16 W. R. 877. 1 (art. 4); Willcox v. MartJiall, 

{i) DanieltY. DavUon, IG Yes. 36 L. J., Ch. 358. But eee Cox 

249, 255 ; Lancatter t. De Traf- v. Slater, 14 W. R. 665. 

ford, 31 L. J., Ch. 554. See (;>) See PhilUjas v. Edwardu, 

Ogilvie t. Foljamhe, 3 Mer. 53. 33 Beav. 440. 

(*) ainan v. Cooke, 1 Sch. & {q) See Thynne v. Glengall, 

I* 22; Fitzmauriee y. Bayley, 2 H. L. Cas. 131, 158. 

8 E. & B. 664 ; 27 L. J.. Q. B. (r) Mortal v. Lyons, 8 Ir. Ch. 

143; 9 H. L. C. 78; 8 W. R. 750. Rep. 112; see Reynolds v. War- 

(/) See Baumann v. James, iny, I Yo. 846; Morphett v. Jones, 

L. R., 8 Ch. 508; 16 W. R. 877. 1 Swanst 172. 

(w) See Wain v. Warlters, («) Lester y. Foxcroft, 1 Coll. 

5 East, 10; Saunders v. Wake- P. C. 108. See notes in 1 Wh. 

afield, 4 B. & A. 595. & Tud. L. C. 693 (3rd ed.). 

(«) Williams v. Lakr, 2 E. & (<) See judgment in Aunn y. 

E. 349 ; 29 L. J., Q B. 1 ; jndg- Fabian, 35 L. J., Ch., at p. 141, 


To operate as a part performance an act must have 
been done unequivocally referring to, and resulting from, 
the agreement (m) ; of such a nature, indeed, that if 
stated, it would of itself infer the existence of some 
agreement ; and then parol evidence is admitted to show 
what the agreement is (x). The following circumstances Acts which 
have been held to amount to part performance : — 

Where under a parol agreement for a lease, and with l. Entry into 

■,.,'. n . 1 , 1 possession and 

distinct reierence to such agreement, a person has expenditure, 
entered into possession of premises (y) ; and especially 
where, in pursuance of the agreement, he has expended 
money in improvements (z), with the acquiescence of the 
landlord (a). 

Where under a parol agreement by a landlord to 2. Payment of 

in. n rent at in- 

grant to a tenant in possession a lease tor a term ot creased rate. 

years at an increased rent, the tenant has paid rent at 

the increased rate {b). 

Where a person who is already in possession of 3. Expenditure 

... in pursuance 
premises as tenant expends money in alterations m of parol agree- 

pursuance of a parol agreement for a new lease (c), the ™^° * 

(m) Ex parte Hooper, 19 Ves. Farrell v. Davenport, 3 Giff. 

479; judgment in Morphett v. 363; 8 Jur., N. S. 862, 1043; see 

Jones, 1 Swanst., at p. 181. Surcome v. Pinniger, 3 De G., 

(ar) Per Sir W. Grant, M. R., M. & G. 571. 

in Frame v. Damson, 14 Ves., at (a) See Dann y. Spurrier, 7 

pp. 387, 388. Ves. 231 ; Shillibeer v. Jarvis, 

(y) Bowers v. Cator, 4 Ves. 8 De G., M. & G. 79. 

91 ; Pain t. Coombs, 1 De G. & (b) Nunn v. Fabian, 35 L. J., 

J. 34; see Wills v. Stradling, Ch. 140; L. R., 1 Ch. 35; see 

3 Ves., at p. 381 ; Boardman v. M'ills v. Stradling, 3 Ves. 378, 

Mostyn, 6 Ves., at p. 470; Mar- 382. 

phett V. Jones, 1 Swans. 172; (c) Sutlierland v. Briggs, 1 

Kine V, Balfe, 2 Ball & B. 343, Hare, 26 ; 11 L. J., Ch. 36; Mim- 

348. dy V. Jolliffe, 5 My. & C. 167 ; 

(2) Gregorys. Mighell, 18 9 L.J.,Ch. 95; see W<7/< v. ,Si!ra</- 

Ves. 328; Miindy v. Jolliffe, 5 Ihig, ?> Ves., at p. 382. 
My. & C. 167; 9 L. J., Ch. 95; 



4. Under 
H|KK'iiil circnm- 
BtancTH, mcro 
retention of 


Where agrw^ 
nirnt is ad- 
mitted and 
statute not 
insisted on. 

alterations being such as lie would not have been liable 
to make if there had been no agreement (d). 

Under sjKJcial circumstances it would even seem 
that the mere retention of possession by a tenant after 
the determination of the original tenancy may amount 
to part performance (e). 

If in consequence of fraud an agreement for a lease 
is not made in compliance with the provisions of the 
statute, it will be considered in Equity as exempted 
from the operation of the statute {/). 

If a parol agreement is admitted by the defendant, 
and he does not insist on the statute. Courts of Equity 
will decree specific performance of such agreement (p). 

As to title. 

As to cove- 

(3) Bights of intended Lessee. 

By agreeing to grant a lease the intended lessor 
impliedly undertakes that he has title to grant such 
lease ; and if he has not, he is liable to an action at the 
suit of the intended lessee (h). A lessee is a purchaser 
pro tanto, and, it seems, is entitled to call upon the lessor 
for an inspection of his title {i). 

If an agreement for a lease contains no stipulation as 

(<i) See Frame v. Dawson, 14 
Ves. 386. 

(e) Dart, V. & P. 656; Dotvell 
V. Bere, 1 Y. & C. C. C. 345; 12 
L. J., Ch. 158. It is to be ob- 
terved, hoTcerer, that in this case 
there was evidence that the te- 
nant had laid out money solely 
with reference to the agree- 
ment. See 1 Y. & C. C. C. 351 ; 
12 L. J., Ch. 160. 

(^f) See Pym v. Blackburn, 
3 Ves., at p. 38, note ; Wh it church 
V. Bevis, 2 Bro. C. C, at p. 665. 

{g) Ounter v. Halsey, Amb. 

(A) Stranks v. 5!^. John, 36 L. 
J., C.P. 118; L. R., 2C.P. 376 
Jioj)er V. Coomhes, 6 B. & C. 634 
Owillim v. Stone, 3 Taunt 432 
explained in 36 L. J., C. P. 120 
(the marginal note to this case is 
incorrect). See Temple v. Brown, 
6 Taunt. 60. 

(i) 2 Sug. V. & P. 141 (10th 
cd.) ; Keech v. Hall, 1 Dougl. 21 ; 
Purtis V. Rayer, 9 Price, 488. 


to covenants, the person agreeing to take the lease has 
a right to a lease containing only usual covenants (A). 

(4) Remedies for Breach of Agreement. 

Upon the breach of a complete (/) and valid (tw) i. Action for 
agreement to grant or take a lease, the person aggrieved 
thereby may, in an action at law, obtain damages, and 
also recover back any sum which he may have paid aa^^Q -^ 
premium (w). 

Where a person who has agreed to grant a lease at a 
future day has disabled himself from doing so by pre- 
viously making an inconsistent lease, he is considered as 
having committed a breach of his agreement, and is 
liable to be sued before such day arrives (o). 

Instead of bringing an action at law for damages (j9), 2. Specific 
, .,,,,,/. /, performance, 

the person aggrieved by the breach oi an agreement tor 

a lease for years or life may obtain specific performance 
of such agreement by a suit in equity, provided the 
contract is complete (</), and certain (r), and fair and 
just in aU its parts (5), and either proved by a memo- 
randum in writing signed by the party to be charged 
therewith (m), or partly performed {f). But the exercise 
of this jurisdiction is entirely in the discretion of the 

(Ji) Propert v. ParJter, 3 My. 1 Mac. & G. 286 ; 19 L. J., Ch. 

& K. 280. As to what covenants 170; Orme v. Broughton, 10 

are " usnal," s&apost, p. 85. Bins.,at p. 538; Dart,V. &P. 703. 

(Z) See Forster v. Rowland, 7 (q) See Thijnne y. Olengall, 2 

H. & N. 103 ; 30 L. J., Ex. 396 ; H. L. C. 131, 158. 

Ilidgway v, Wharton, 6 H, L. C. (r) Taylor v. Partington, 7 De 

238 ; 27 L. J., Ch. 46. G., M. & G. 328. See Parker v. 

{m) Ante, p. 61. Tasnell, 2 De G. & J. 559; 27 

(») See Wright v. Colls, 8 C. L. J., Ch. 812 ; Heymood v. Cope, 

B. 150; 19 L. J., C. P. 60. 25 Beav. 140 ; 27 L. J., Ch. 468. 

(fl) Ford v. niey, 6 B. & C. («) Per Lord Hardwicke, C, in 

325, 327. Buxton v. Lister, 3 Atk., at p. 

{p) But not in addition to that 386. 

remedy ; see Sainter v. Ferguson, (<) Ante, p. 62. 

F. P 



Stat 21 & 22 
Vict c 27, 


Court of 
may award 

Where neces- 

Amonnt of 


Stat. 33 & 34 

Vict c. 97, 


Court (t), and it will not in general decree specific per- 
formance of a contract for a yearly tenancy (ji), or of an 
agreement for a longer terra where such term has ex- 
pired by effluxion of time (x), or where there is evidence 
of general insolvency, showing that the plaintiff is not 
in a situation to perform the covenants contained in the 
lease (y). 

In all cases in which the Court of Chancery has juris- 
diction to entertain an application for the specific per- 
formance of any covenant, contract, or agreement, it 
shall be lawful for the same Court, if it shall think fit, 
to award damages to the party injured, either in addition 
to, or in substitution for such specific performance, and 
such damages may be assessed in such manner as the 
Court shall direct. 

(5) Stamps. 

A written offer to let, assented to by parol, is admis- 
sible in evidence without being stamped (r). But where 
an oral proposal is accepted in writing, such written 
acceptance must be stamped (a). 

An agreement for a lease, assented to by the parties to 
it, bat not signed by them, is not admissible in evidence 
without a stamp (b). 

An agreement for a lease (c), or with respect to the 
letting of any lands, tenements, or heritable subjects for 

(t) Per Lord Hardwicke, C, in 
Buxton T. Lister, 3 Atk., at p. 

(«) Claytany.IlUnyworth, 10 
Hare, 451. 

(ar) See Walters v. Northern 
Coal Mining Co., 5 De G., M. & 
0. 629 ; 25 L. J., Ch. G33. 

(y) Nealey. Mackenzie, 1 Keen, 
474, 485. 

(z) Brant v. Bromn, 3 B. & 
C. 665 ; see Turner v. Power, 
7 B. & C. 625 ; M. & M. 131. 

(a) Hegarty t. Milne, 14 C. B. 
627; 23L. J.,C. P. 151. 

(J) Chadwick v. Clarke, 1 C. 
B. 700; 14 L. J., C. P. 233. 

(c) Made on or after 1st Janu- 
ary, 1871. 


any term not exceeding thirty-five years, is to be charged Agreements 
with the same duty as if it were an actual lease made iands"&c°not 
for the term and consideration mentioned in the agree- f ''p^e^ipg 

° thirty-five 

ment. years, to be 

A lease made subsequently to, and in conformity with leases, 
such an agreement duly stamped, is to be charged with 
the duty of sixpence only. 

An agreement, or any memorandum of an agreement, id. Schedule. 

made under hand only, and not otherwise specifically ^°*y °° agrce- 

•' . ™ent under 

charged with any duty, whether the same be only evi- hand, not 


dence of a contract, or obligatory upon the parties fi-om charged, 
its being a written instrument, is chargeable with a duty 8^^P«°ce* 
of sixpence. 

An agreement or memorandum the matter whereof is Exemption, 
not of the value of 5/. is exempt from duty. 

Sect. II. — Leases. 
(1) Statutory Requisites. 
Leases of any messuages, manors, lands, tenements Stat. 29 Car. 2, 
or hereditaments made by parol, and not put in writing paroi ig^s 
and signed by the parties making the same, or their ^,^ 'eases at 
agents thereunto la^vfully authorized by writing, shall 
have the force and effect of leases at will only ; except Sect. 2. 
nevertheless all leases not exceeding the term of three n^^gxce^^ 

years from the making thereof, whereupon the rent re- three years, 

, T n ^^^ reserving 

served to the landlord, during such term, shall amount rent amounting 

unto two-third parts at the least of the full improved improved 

value of the thing demised. '^*^°®- 

A lease, required by law to be in writing, of any tene- Stat. 8 & 9 

ments or hereditaments, made afler the first day of g. 3 ' * 

October, 1845, shall be void at law, imless made by Leases to be 
, , by deed, 


F 2 



1. LeMMof 
land, Are. to 
end within 
three years, 
and reserving 
rent cqnal to 
two-thmls of 
full raluc. 


land, &c. 
for more 
than three 
years, or re- 
■enring less 
rent than 
two-thirds of 
fall valae. 

The practical effect of these statutory provisions, 
and of the decisions upon them, may be stated as 
follows : — 

Leases of land, and other corporeal hereditaments, 
which will end within three years from the time of 
making {d), and whereby there is reserved to the land- 
lord a rent equal to two-third parts at least of the full 
improved value of the demised premises, may be made 
verb^ly (e), or by writing not under seal. 
Of Leases of land, and other corporeal hereditaments for 

a longer term than three years, or reserving less rent than 
two-third parts of the full improved value of the demised 
premises, must be made by deed. But an instrument 
not under seal purporting to demise premises for a 
longer term than three years, or resenang a rent not 
amounting to two-thirds of the full improved value, 
though void at law as a lease, will be construed by 
a Court of Equity as an agreement for a lease, of 
which specific performance may be enforced (y*). In 
a Coiul of Law, also, such an instrument may be 
available as an agreement {(/). If the lessee has entered 
and paid rent under an instrument of tliis nature, a 
tenancy from year to year may be created (A); and 
the instrument may indicate 'the terms of such 
tenancy (A). 

(<f ) See Hyley t. ITiekt, 1 Stra. 
651 ; liawliru v. Turner, 1 Ld. 
Raym. 736. 

(«) But Tcrbal leases do not 
confer the right to sue the lessee 
for damages for not taking posses- 
sion. See Edge v. Strafford, I 
Cr. & J. 391. 

(/) Parker t, Tatwell, 2 De G. 
& J. 559 ; 27 L. J., Ch. 812. 

{g) Tidejf r. MolleU, 16 0. B., 

N. S. 298 ; 33 L. J., C. P. 235 ; 10 
L. T., N. S. 380; Hayne v. Cum- 
mingg, 16 C. B., N. S. 421 ; 10 L. 
T., N. S. 341 ; Bond v. ItosUng, 
1 B. & S. 371 ; 30 L. J., Q. B. 227; 
9 W. R. 746 ; Rollason v. Leon, 
7 H. & N. 73 ; 31 L. .!., Ex. 96. 

(A) Clayton v. Blakey, 8 T. R. 
3; Doe v. Bell, 5 T. R. 471; 
Jlwhardson r. Gifford, 1 A. & 
E. 52. See ante, p. 53. 


Leases of rights of common, rights of way, tithes, or 3. Leases of 
other incorporeal hereditaments can only be made by h^dStomcnta. 
deed(2), unless such hereditaments are appiirtenant to 
some corporeal hereditament, in which case they will 
pass under a demise, even by parol, of such corporeal 
hereditament (A), though nothing is said about them at 
the time of the demise (/). An instrument not under 
seal demising land, and also purporting to demise incor- 
poreal hereditaments, is not thereby rendered void(m). 

(2) In what cases Extrinsic Evidence is admissible. 

Where the contract of lease is reduced into writing, Exclusion of 
it is presumed that the writing contains all the terms dence. 
of it {n), and, in the absence of fraud, mistake (o), or 
surprise {p), verbal or other extrinsic evidence is not 
in general admissible to contradict or add to the written 
instrument (^q). If, for instance, a certain sum is speci- 
fied therein as the annual rent, parol evidence wiU not 

(i) Somerset v. Fogwell, 5 B. Dohhyn v. Somen, 13 Lr. C. L. R., 

& C. 875 ; see authorities cited in Q. B. 293. 

judgment, at pp. 882, 883 ; Gar- (J) See Beaudeley v. Brooky 

diner t. Williatnson, 2 B. & Ad. Cro. Jac, at p. 190. 
336, 338 ; Bird v. Higginson, 2 (ni) Beg. v. Hockworthy, 7 A. 

A. & E. 696 ; 6 A. & E. 824 ; & E. 492. 

Mayfield v. Robinson, 7 Q. B. (n) See Roscoe's Evidence, 14 

486 ; Wood v. Leadbitter, 13 M. (11th ed.). 

& W. 838; 14 L. J., Ex. 161. (o) See Garrard v. Frankcl, 

But agreements for letting the 30Bcav. 445; 31 L. J., Ch. 604. 
tolls of any turnpike roads, signed (/?) See Dart's V. & P. (3rd 

by the trustees letting such tolls, ed.), Ch. 18, sect. 8, p. 664, for 

or any two of them, or by their the cases in which parol evidence 

clerk or treasurer, and the lessee is admitted on these grounds as a 

and his sureties, are valid, not with- defence to a suit for specific per- 

standing the same may not be by formance. 

deed or under seal. Stat. 3 Geo. {q) See Woollam v. Beam, 7 

4, c. 126, s. 57. Ves., at p. 218 ; Omcrod v. Hard- 

{k) Skvll V. Glenister, 16 C. B., man, 5 Ves., at p. 730. 
N. S. 81, 102 ; 33 L. J., C. V. 185; 




1. Custom. 

2. Latent am- 

8. Technical 

be received to show that the tenant also agreed to pay 
an additional yearly sum for ground rent (.?). So also 
parol evidence is not admissible to show an understand- 
ing between the parties that the rent should com- 
mence from a later date than that named in the agree- 
ment {t) ; and where the lease does not stipulate that 
the rent is to be a net rent without any deduction, verbal 
evidence is inadmissible to show the agreement of the 
parties that it should be such («). 

In the following cases, however, verbal evidence is 
admitted to add to or explain instruments of lease : — 

Evidence of usage is admitted, where not expressly 
or impliedly excluded by the terms of the lease {x). 

Where a deed or instrument seems certain and with- 
out ambiguity, for anything that appears upon it, but 
there is some collateral matter out of the deed or instru- 
ment which produces an ambiguity, verbal or other 
extrinsic evidence is admissible to explain such ambi- 
guity (y). Thus, if a person grant his manor of S. to 
A. B. and the grantor has two manors, of North S. and 
South S., it being clear that he means to grant one only, 
whereas both are equally denoted by the words he 
has used, evidence of previous intention may be received 
to solve this latent ambiguity (z). 

Where terms are used which are known and under- 
stood by a particular class of persons, in a certain 

(«) Preston t. Mereeau, 2 W. 

(t) Hoiuon T. Cooper, 8 Sc. N. 

(u) Itich T. JacJiton, 4 Bro. C. 
C. 614 ; sec 6 Ves. 334, note (c). 

(a?) Post, Chap. IV., Sect. 5; 
Chap. VI., Sect. 3(1). See In re 
Stroud, 8 C. B. 502 ; 16 L. J., C. 

P. 117. 

(y) Bac Maxims, Beg. 23 ; 
Poe v. Burt, 1 T. R. 701 ; Os- 
horn V. Wise, 7 C. & P. 761. See 
Coker V. Ouy, 2 B. & P. 565. 

(r) Bac. Maxims, Reg. 23. See 
judgment in Poe v. Hiscocks, 5 
M. it, W. 363, 369. 


special and peculiar sense, evidence to that effect is 
admissible (a). Thus verbal evidence has been ad- 
mitted to show that the word " thousand," in a lease of 
a rabbit warren, by local usage meant 1,200 (i); also 
that the word " level," in a mining lease, was not used in 
the ordinary sense of a horizontal plane, but in a sense 
peculiar to mines (c). It cannot, however, be inferred 
as matter of law that words occurring in a lease are 
used by the parties in a special or technical sense ; it 
is a question for a jury to decide in what sense the words 
are used in each case (c). Where a word is defined by 
Act of Parliament to mean a precise quantity, or a 
precise time, the parties using that word, in a lease by 
deed {d), must be presumed to employ it in the sense 
given to it by the legislature, unless it appears from 
other parts of the deed that they used it differently (e). 

In some cases a lease may be explained by parol *. Previous 

. 1 • 1 mode of enjoy- 

evidence of the state oi the premises at the time when ment of pre- 

it was granted, and of the mode in which they had been °^^^ 

previously enjoyed (/). 

(3) Form and Construction of Lease. 

No special form of words is necessary to constitute a 
lease. Whatever words are sufficient to explain the 
intent of the parties that the one shall divest himself of 
the possession {p) and the other come into it for a 
determinate time, such words, whether they run in the 

(a) 3 Starkie on Evidence. 1033. t. Wilson, 3 B. & Ad., at p. 733 ; 

(J) Smith V. Wilson, 3 B. & Doc v. Lea, 11 East, 312. 
Ad. 728. (/) Hall v. Lund, 1 H. & C. 

(c) Clayton v. Gregson, 6 N. & 676 ; 32 L. J., Ex. 113; 11 W. R. 

M. 694 ; 5 A. & E. 302. 271. See Oshorn v. WUe, 7 C. & 

{d) See Doe t. Benson, 4 B. & P. 761. 
A. 588. (^) See ante, p. 47. 

(<?) See per Parke, J., in Smith 


form of a licence (i), covenant (A), or agreement (/), are 
of themselves sufficient, and will in construction of law 
amount to a lease for years as effectually as if the most 
proper and pertinent words had been made use of for 
that purpose ; for a lease for years being a contract for 
the possession and profits of lands on the one side, and 
a recompense of rent, or other income, on the other, if 
the words made, use of are sufficient to prove such a 
contract, in what fonn soever they are introduced, or 
however variously applicable, the law calls in the intent 
of the parties, and models and governs the words 
accordingly (m). 

By corrcspon- A lease may be made by a correspondence, in which 
one party offers to take on certain terms fully and 
definitely stated, and the other unconditionally accepts 
such offer (n). 

Lease for life. Leases for lives of corporeal hereditaments, if not 
made by a conveyance operating imder the Statute of 
Uses, or in pursuance of a power to lease, must 
formerly have been perfected by livery of seisin. This 

Stat. 8 & 9 ceremony is not now requisite, for all corporeal tene- 

g. 2. ' ments and hereditaments shall, as regards the convey- 

ance of the immediate freehold thereof, be deemed to 
lie in grant as well as in livery. 

Ordinary form The ordinary form of lease by deed is technically 
said to consist of the premises, habendum^ reddendum^ 
and covenants. 

(i) Hall v. Sebright, 1 Mod. 8 Q. B. 371; 16 L. J., Q. B. 182. 

14. See Doe v. Wood, 2 B. & A. (m) Bac. Abr. (K.), p. 160. 

724. See Drake \. Munday, Cro. Car. 

. (A) See judgment of Parke, J., 207; Walker y. Gile$, 6 C. B. 

in Doe t. Dodd, 5 B. & Ad., at 662 ; 18 L. J., C. P. 323. 

p. 693 ; Wkitlock V. Horton, Cro. (n) Chapman v. Bluck, 4 Bing. 

Jac. 91 ; Fenny v. Child, 2 M. & N. C. 187; 7 L. J., C. P. 100. See 

S. 256, 257. Janet v. Reynolds, I Q. B, 506 ; 

(0 See Lovelock y. FranUyn, 10 L. J., Q. B. 193. 


The premises contain the date, names and descrip- Premises, 
tions of the parties, recitals, consideration, operative 
words, parcels, and the exceptions and reservations. 

The date of a deed is not of the substance of the Date, 
deed ; for if it has no date, or a false or impossible date, 
yet the deed is good (o). 

A lease by deed is presumed to be delivered on the 
day on which it bears date {p); but a party may show 
that the deed was delivered on a different day, and in 
that case it takes effect from the day of delivery, and 
not from the day of the date {q). 

Recitals, stating the title of the lessor, are seldom Recitals, 
necessary, except in the case of an underlease, or where 
the lease is made by a tenant for life, or in pursuance 
of a power to lease. 

The consideration expresses the recompense to be Consideration, 
rendered by the lessee for the use of the demised pre- 
mises. This may either consist of the payment of rent 
and performance of covenants, or of the payment of a 
sum of money as a fine, the execution of improvements 
on the demised premises, or in fact any benefit conferred 
on the lessor either by the lessee, or by any one else on 
his behalf. In leases at a fine made before 1871, the 
full amount of the consideration-money must be truly set 
forth in words at length, and the lessee may recover 
back fi'om the lessor so much of the consideration-money 
as is not set forth as aforesaid, or the whole, if no part is 
so set forth (r). Where in pursuance of an agreement 

(0) Goddard's case, 2 Co. R., 272, 279, 280. 

at p. 5, (r) Stats. 48 Geo. 3, c. 149, sa. 

ip) nallY.Benbigh,Cro.^\\z. 22—25; 55 Geo. 3, c. 184, s. 8; 

773 ; see also House v. Laxton, Oingell v. Purkins, 4 Ex. 720 ; 

ib. 890. 19 L. J., Ex. 129. Repealed by 

(j) Steele v. Mart, 4 B. & C. Stat. 33 & 34 Vict. c. 99. 





•* False dc- 

for a lease, a lease is tendered to the lessor for execution 
in which the consideration is not truly stated, the lessor 
is not bound to execute the lease (*). 

The operative words are those by which the 
lessor actually lets the premises to the lessee. The 
terms generally used are " demise and lease," but any 
words clearly indicating an intention of making a pre- 
sent demise will suflSce (t). Under the word " demise" 
there is implied a covenant for quiet enjoyment (m). 

The PARCEL8 contain a description of the property 
intended to be let. In agricultural leases it is often 
sufficient to specify the name of the farm, the number 
of acres it contains, and the parish and county in which 
it is situated. Where the identity of the demised 
premises can be perfectly established by this description, 
other particulars should be omitted, since questions 
frequently arise as to how far words of particular 
explanation qualify words of general description (x). 
The rule is clearly settled, that when there is a suffi- 
cient description set forth of premises by giving the 
particular name of a close, or otherwise, a false demon- 
stration, — i. e., an incorrect addition to the description 
inserted only for the purpose of identifying the pro- 
perty (y), may be rejected ; but if premises are described 
in general terms, and a particular description is added, 
the latter controls the former (z). 

(») Vonhollen v. Enorrles, 12 
M. & W. 602 ; 13 L. J., Ex. 140. 

(f) Bac. Abr. (K.) 161; ante, 
pp. 71, 72. 

(ti) Pott, Chap. IV., Sect. 10 


(a;) 2 Piatt on Leases, 27. See 
Doe T. Gallorcay, 5 B. & Ad. 43; 
Dyne t. KHtlry, 14 C. B. 122. 

(y) Martyr v. Lawrence, 2 De 
G., J. & S. 2G1; 12W. R. 1043; 
Manning v. Fitzgerald, 29 L. J., 
Ex. 24. 

(2) See per Parke, J., in Doe t. 
Gallonay, 6 B. & Ad., at p. 51. 
See Doe t. Greathed, 8 East, at 
pp. 103, 104; Doe v. Jersey, 1 B. & 
A., at p. 558. 


In framing parcels the following particulars should Legal meaning 
. . J of terms of 

be borne m mind : description. 

Land means strictly arable land (a); but compre- l. "Land." 
hends in law any ground, soil or earth whatsoever, as 
meadows (i), pastures, moors, marshes, and heath (c); 
and will prima facie include aU buildings, woods or 
water thereupon (c). 

Under the word water, it seems that a right of fishing 2. " Water." 
will pass, but the soil will not pass (d). To include 
the soil under the water the description should be land 
covered with water (d). But under the word pond or 
pool, it seems that the soil will pass (e). 

Farm includes the fann-house, farm buildings, and 3. "Farm." 
the lands thereunto belonging, or therewith used(/); 
and may also comprehend woodlands (^). 

The words farming buildings, it seems, include the 
farm-house (Ji). 

Messuage or house (the terms are synonymous (e)), 4. " Mes- 
may comprehend, besides the house and buildings 
adjoining, a courtyard, garden (A), and orchard be- 
longing to the same (l), and the stables and other out- 
houses necessary for the convenient occupation of the 
house (w). 

(o) Shep. Tench. 91. Ilampgtead Junction Ry. Co., 1 

(J) Cooke V. Yateg, 4 Bing, 90. De G. & J. 446; 26 L. J., Ch. 731; 

(c) Co. Lit. 4 a. Cole t. West London, 4'0. Ry. 

\d) Co. Lit. 4 b. Co., 27 Beav. 242; 28 L. J., Ch. 

(e) Co. Lit 5 b. 767; Steele v. Midland Ry. Co., 

(/) Shep. ToQch. 93. L. R., 1 Ch, 275, 284, 290; 14 W. 

(y) Portman v. Mill, 3 Jnr. 11.367', Marsonr. London, Chat- 

356. ham and Dover Ry. Co., 37 L. J., 

(A) Cooke v. CJiolmondeley, 4 Ch. 483; L. R., 6 Eq. 101. 

Drew. 326. (Z) Shep. Tonch. 94 ; Co. Lit. 

(0 See 2 T. R. 502. 5 b. 

(A) Carden v. Tnck, Cro. Eliz. (w) Doe v. Collins, 2 T. B. 498. 

89; iZt-nwa V. South Western Ry. See L. R., 1 Ch. 291. 
Co., 8 W. R. 467 ; Grosvenor v. 


6. «• Apnurt*- The word appurtenances will pass only things which 
have been used together with the house or land demised, 
or wliich are reputed or accepted as parcel thereof (w). 
Whether anything is or is not parcel of the premises 
demised is always matter of evidence (o). As appurte- 

To a hoase. nant to a house, a curtilage and a garden {p) may pass 
also a right of tiu-barj'^ {q)\ but, as a general rule, not 

To land. land(r). As appurtenant to land there may pass a sheep- 

waUc (s), also a right of turbary (5-), or of way {t) \ but 
not an easement which has become extinct, or which 
does not exist in point of law by reason of unity of 
ownership (m). 

Under the words with all ways to the same belonging 
or appertaining, no way Avill pass unless legally appur- 
tenant; or unless it appears from the grant itself that 
the parties meant to use the words in a more extended 
sense than the legal one {x). But under the words roith 
all wags to the demised premises belonging, or loith any 
part thereof used or enjoyed, it seems that a right of way 

(«) Bryan v. Weatherhead, (t) Per Lord Mansfield, C. J., 

Cro, Car. 17; Kertlake \. miite, in Morritr. Edgintfton, ST&vmt., 

2 Stark. 508; see Maitland v. at p. 30; Hinchcliffe y . Kinruntl, 

Maekinnon, 1 H. & C. 607; 32 6 Bing., N.C. 1; Skull y. Olenix- 

L. J., Ex. 49; Smith v. lUdgway, ter, 16 C. B., N. S. 81 ; 33 L. J., 

4 H. & C. 37 ; 35 L. J., Ex. 11, C. P. 185. But see Worthington 

198; L. R., 1 Ex. 331. v. Oimson, 2 E. & E. 618; 29 L. J., 

(fi) Per BuUer, J., in Doe v. Q. B. 116; Harding y. Wilton, 2 

Burt, 1 T. R., at p. 704. B. & C. 96. 

(p) Bettisreorth't case, 2 Co. («) Per Denman, C. J., in 

R., at p. 32. Plant v. James, 5 B. & Ad., at p. 

(y) Solme V. Bullock, 3 Lev. 794; 4 A. & E. 749; Grymes v. 

165 ; Dohbyn v. Somers, 13 Ir. C. Peacock, 1 Balstr. 17; Saunders 

L. R., Q. B., at p. 300. v. Oliffe, Moo. 467 ; Whalley v. 

(r) Hearn v. Allen, Cro. Car. Tompson, 1 B. & P. 371 ; Cle- 

67 ; Buck T. Nurton, 1 B. & P. ments v. Lambert, 1 Tannt. 205 ; 

63; but see Doe v. Martin, 2 Barlow v. Rhodes, 1 Cr. & M. 

W. Bl. 1148. 439. 

(«) Ilurleston v. Woodroffe, (a?) Barlow v. Rhodes, 1 Cr. & 

Cro, Jac. 519. M. 439 ; 2 Piatt on Leases, 34. 


which at the time of the granting of the lease is used 
with any part of the demised premises will pass, although 
not specifically mentioned {y). 

The words more or less, appended to the measure- " More or 
ments in the parcels, being indeterminate, if the land 
occupied by the tenant exceeds such measurements 
but corresponds with the abuttals, the tenant has a fair 
title to insist that it was meant that so much should pass 
by the demise (z). And where the lessor sees the 
daily progress of a building which covers the land occu- 
pied by the tenant, he will not be allowed to claim the 
overplus beyond the measured distance as an encroach- 
ment (a). 

An EXCEPTION is always of part of the thing granted, Exceptions 
but a RESERVATION is always of a thing not in esse, but yations. ' 
newly created or resented out of the land or tenement 
demised {b). 

The words of an exception are usually construed Construction 
against the lessor and in favour of the lessee (c). It 
seems, however, when a certain number of acres are ex- 
cepted from a lease, without any specification of the 
particular acres intended to be excepted, the lessor has, 
before the lease is actually granted, the right to select 
the acres to be excepted from the lease {d). But if the 

(y) Kooystra v. Liicas, 5 B. & (c) Shep. Touch. 100 ; Bullen 

A. 830, 834. See Harding v. v. Denning, 5 B. & C. 842, 847, 

Wilson, 2 B. & C, at p. 100. 850; Cardigan t. Armitage, 2 B. 

(z) Male V. Parkin, 1 Esp. & C. 197, 207. See Chadivick v. 

229, 230; Cross r. Eglin, 2 B. & Marsden, 36 L. J., Ex. 177; L. 

Ad., at p. 110. R., 2 Ex. 285; 15 W. R. 964. 

(a) Neale v. Parkin, 1 Esp. But see Mitcalfe v. Westaway, 

229. As to the construction of 17 C. B., N. S. 658; 34 L. J., 

the words "or thereabouts," see C. P. 113. 

Pavis V. Shepherd, 35 L. J., Ch, (d) Jenkins v. Green, 27 Beav. 

581, 590; L. R., 1 Ch. 410. 437; 28 L. J., Ch. 817. 

(ft) Co. Lit. 47 a. 



lease has been actually granted in the terms of the 
agreement, without specifying the lands excepted, the 
right of selecting the excepted lands will rest with the 
tenant («). The landlord's right of selection must not 
be exercised oppressively, so as to interfere with the 
beneficial enjoyment of tlie rest of the farm (e). 
Timber. An exception of all the wood and underwood includes 

trees both great and small, but not fruit trees (y). It 
extends to the soil on which the trees grow ((/), if there 
are no expressions showing that it was intended to con- 
fine the exception to the trees themselves (A). On the 
other hand an exception of all timber-trees, will comprise 
only so much of the soil as is sufficient for the vegetation 
and growth of the trees excepted { i). Under an excep- 
tion of all and all manner of timber, 8fc., wood, under- 
wood, bushes and thorns, other than such bushes and 
thorns as shall be necessary for the repairs of the fences, 
all bushes whether forming part of the fences or not, or 
necessary for repairs or not, are excepted out of the 
demise (A). The meaning of the clause is, that there is 
reserved to the tenant the right of taking all or parts of 
the thorns or bushes for repairs when required (A). 

Where timber is excepted, the lessor is entitled to 
enter on the demised premises to show it to intending 
purchasers, and he or his vendee may cut the trees 
down, and take them away (Z). 

(«) Jenkins v. Oreen, 27 Beav. (A) Legh v. ffeald, 1 B. & Ad. 

437; 28 L. J., Ch. 817. 622; Pinvomb v. Thomas, Cro. 

(^f) London t. Southwell, Hob. Jac. 524. 

.W3. See also Jl'yndham y. Way, (i) miigtler v. Pasloe, Cro. 

4 Tannt. 816; note (fl), p. 318; Jac. 487. See Legh v. Heald, 1 

Bvllen T. Denning, 5 B. & C. B. & Ad. 622; 2 Piatt on Leases, 

842 ; Woodfall, L. & T. 129. 42. 

ig) Ive V. Sanu, Cro. Eliz. 521; (It) Jenney t. Brook, 13 L. J., 

6 Co. R. 11; Whistler t. Pasloe, Q. B. 376, 385; 6 Q. B. 323. 

Cro. Jac. 487; Rolls t. Bock, 2 (J,) Shep. Touch. 100 ; Liford's 

Selw., N. P. 1244 (13th ed.). Case, 11 Co. R., at p. 52 ; Hewitt 


The word minerals, in its proper sense, comprehends Minerals, 
all fossil bodies dug out of mines or quarries (w) ; hence 
it includes stones dug from quarries (w). Under an ex- 
ception of mines, everything is excepted that is neces- 
sary for working them, including way-leave for carrying 
away the minerals (o) ; but a reservation of mines and 
quarries, with full power to win and work the same, 
does not include the right of so working them as to let 
the surface down(/?). 

A reservation of the exclusive right of hunting. Sporting. 
shooting , fishing and sporting over the demised premises 
includes whatever is ordinarily known as hunting, 
shooting, fishing and sporting ; and a tenant under a 
lease containing such a reservation is not entitled to 
shoot rabbits {q). 

The proper office of the Habendum is to restrain Habendum, 
the generality of the premises (r). It limits and ascer- 
tains the estate of the lessee by specifying the time of 
commencement, and the duration of the interest granted 
to him. 

Leases for years may be made to commence either l- For years, 
immediately, or from a past {s) or future day. Where ^^t°onease 
leases are made to commence from the day of the date 
of the instrument of lease, the word from is construed 

V. IsTiavi, 7 Ex. 77 ; 21 L. J., Ex. ( p) Judgment in Proud v. 

35. Bates, 34 L. J., Ch., at p. 412. 

(m) Rosse v. WainirMn, 14 M. {q) Jeffryesy. Evans, 19 C. B., 

& W. 859 ; 15 L. J., Ex. 67 ; aff. N. S. 246; 34 L. J., C. P. 261. 

2 Ex. 800. SQGpost, Chap. IV., Sect. 14. 

(w) Micklethwait v. Winter, (r) Per Tindal, C. J., in Bur- 

6 Ex. 644 ; 20 L. J., Ex. 313. ton v. Barclay, 7 Bing., at p. 767. 

(o) Judgment in Proud v. See Hob. 170, 171, 

Bates, 34 L. J., Ch., at p. 411; (») See Enys v. Donnithorne, 

Cardigan v. Amiitage, 2 B. & C. 2 Burr. 1190. 
197, 207. 


to mean either inclusive or exclusive, according to the 
context and subject-matter, and so as to effectuate the 
deeds of parties and not to destroy them {(). 

Leases by deed made to commence from an event 
which has never happened, or from the date of the deed, 
where the deed has either no date or an impossible 
date(?/), take effect from the time of the delivery of the 
deed (x). Leases to commence from henceforth begin 
from the delivery of the deed, and not from its date(y). 
A lease made to begin after the end or determination 
of a previous lease, where there is no previous lease, or 
such previous lease has determined or become void, will 
begin immediately (z). 

The habendum of a lease must be construed as taking 
effect from the time of its execution, though the dura- 
tion of the term is to be computed from a prior day (a). 
Hence the interest of the lessee, and his liability for 
breaches of covenant, commence only from the day of 
the execution of the deed {b). 

It will be sufficient if the date at which the lease is 
to commence is capable of being ascertained Avith cer- 
tainty at the time when the lease is to take effect in 
possession, though up to that time the period of com- 
mencement may be uncertain (c). Thus, if a lease be 
granted for twenty-one years after three lives in being ; 
though it is uncertain at first when the term will com- 

(t) Pt(ghY. Leeds,2Cowp.7H. v. MaynTcaring, Cro. Car. 397, 

See also Doe v. Day, 10 East, 427. 399. 

(«) See Chapman v. Beecham, (a) Per Parke, B., in Jervu v. 

8 Q. B. 723 ; 12 L. J., Q B. 42. Tomkinson, 1 H. & N., at p. 206. 

(j?) Bac. Abr. (L.)168; Styles (b) JervU v. Tomkinson, 1 H. 

T. Wardle, 4 B. & C. 908, 911. & N. 195 ; 26 L. J., Ex. 41 ; Sham 

(y) Clayton's Case, 5 Co. Rep. v. Kay, 1 Ex. 412; 17 L. J., Ex, 

1. See Steele V. Mart, iB.SiC. 17. See Wyburdy.l^ck, IB. Si 

272, 278. P. 464. 

(«) Bac Abr. (L.) 170 ; Miller (c) Shep. Touch. 272. 


mence, because the lives are in being, yet when they 
die it is reduced to a certainty ; and id cerium est quod 
certum reddi potest (c? ). 

The duration of the lease must also be ascertained Dnration of 
either by the express limitation of the parties at the 
time of making the lease, or by reference to some colla- 
teral or subsequent act or event which may with equal 
certainty measure the continuance thereof (e). A lease 
for an indefinite term is prima facie a lease at will (y ), 
but a general letting at a yearly rent usually gives rise 
to an implied tenancy from year to year (y). 

Where it is intended to create an express tenancy 2. From year 
from year to year the words of the habendum should 
be from year to year. A lease for one year certain^ 
and so on from year to year, has been held to contem- 
plate a tenancy for two years at the least (^). A let- 
ting not for one year only, but from year to year^ 
enures as a demise for two years at least (Ji). A lease 
for a year, or for one year and no longer, creates a 
tenancy expiring at the end of the year without notice 
to quit {i). 

A lease for life of corporeal hereditaments could not 3. For life, 
by the common law be made to commence in futuro, 
because livery of seisin was formerly essential to the crea- 
tion of an estate of freehold, and present livery could not be 

{d ) Per Ld. Kenyon, C. J., in 658. See Reg. t. Charvton, 1 Q. 

Goodright t. Itic/uirdson, 3 T. B. 247. 
R., at p, 463. (A) Benn v. Cartwright, 4 

(jB) Bac. Abr. (L. 3) 176; Bishop East, 29, 33. 
of Bath's Case, 6 Co. R., at pp. (i) Cobb v. Stokes, 8 East, 358. 

35, 35 a. Ante, p. 58. See judgment in Messenger v. 

(/) Ante, p. 52. Bnt see Say Armstrong, 1 T. R., at p. 54 ; also 

T. SwitA, Plowden, 271; Owynne ^xxAgmQni m. Right y. Darby, lb., 

V. Maynstone, 3 C. & P. 302, at p. 162, 

(^) Doe T. Green, 9 A, & E. 

F. a 


made to a future estate (/). It would appear, however, 
that livery of seisin is not now necessary to the creation 
of a freehold interest (m). As a use may be limited in 
futuroy a lease for life may be made to commence at 
a future day by limitations operating under the Statute 
of Uses, as, for instance, where the lease is made in pur- 
suance of a power to lease (w). 

A lease for term of life, without mentioning for whose 
life, shall be deemed to be for the life of the lessee (o). 
When A. demises to B. for the term of his life, the 
word hisy in ordinary construction, would apply to B. 
as the last antecedent. But instances perpetually occur 
where that word is used, and does not refer to the last 
party named. The words of the demise are ambiguoiis, 
and may derive explanation from the other parts of the 
instrument. A covenant for quiet enjoyment during 
the life of the lessor tends very strongly to expound the 
intention of the parties {p). A lease made to A. during 
the life of B. and C. will continue during the life of the 
siu:^vor(5'); but a lease for a term of years if A. and 
B. shall so long live will determine on the death of one 
of them iji). 

Reddendum. The REDDENDUM fixes the amount and kind of re- 

compense to be paid by the lessee to the lessor for the 
possession of the demised premises, and usually speci- 

(0 BarwicVs Ca9e, 5 Co. R., (n) 1 Sanders on Uses, 142 (6th 

at p. 94 a ; 2 Black. Com. 165. ed.) ; 1 Piatt on Leases, 692. 

See Cheenvoood t. Tyber, Cro. (o) Co. Lit. 42 a. 

Jac. 663; Freeman v. West, 2 {p) Per Tannton, J., in 2><;<5 v. 

WU& 165. Bodd, 5 B. & Ad., at p. 693. 

(m) Stat. 8 & 9 Vict. c. 106, s. (j) BrudneVs Case, 5 Co. R. 9. 
2. Ante, p. 72. 


fies the periods at which such recompense is to be paid 
or rendered. 

No special form of words is essential. A proviso (r), 
or a covenant (s), may constitute a good reservation of 
rent, and a letting at and under the rent of 80/. is an 
agreement by the tenant to pay that rent (f). Under 
the words yielding and paying a covenant for payment 
of the rent is implied (m). 

Rent may be made payable in advance, but in that Rent payable 
case the reddendum should state expressly that the rent 
is so payable from time to time, or always, in advance, 
or the stipulation for payment in advance may be held 
to relate to the first quarter's rent only (x). 

The amoimt of the rent must be either expressly Certainty as to 
stated, or otherwise rendered capable of being ascer- rent, 
tained with certainty (y). In some cases there may be 
a certainty in uncertainty ; as a man may hold of his 
lord to shear all the sheep depasturing within his lord's 
manor ; and this is certain enough, although the lord 
has sometimes a great, and sometimes a small number 
there (z). A royalty of so much quarterly per solid 
yard for marl got, and so much per thousand for all 
bricks made by the tenant, is a rent capable of being 
ascertained with certainty (a). 

The rent must be reserved to the lessor and his heirs, 
and not to a stranger {b). But the law uses all industry 

(r) Harrington v. Wise, Cro. Stark. 161. 

Eliz. 486. (y) Co. Lit. 142 a. 

(«) Brake v. Munday, Cro. (z) Co. Lit. 96 a. 

Car. 207. (a) Daniel v. Grade, 6 Q. B. 

(t) Doey.Knener,iC.8iT.3. 145; 13 L. J., Q. B. 309. See 

(m) Judgment in Iggulden v. judgment in Watson v. Waud, 8 

May, 9 Ves., at p. 330 ; Hellier v. Ex., at p. 339. 

Casbard, 1 Sid. 266; Porter ▼. (ft) Lit. s. 346; 2 Wms. Sannd. 

Swetnam, Styles, 406. 370. Post, Chap. IV., Sect. 1 (2), 

(«) See Holland t. Palter, 2 p. 112. 



Mode of reser- 

"Net rent" 

imaginable to conform the reservation to the estate (c). 
Ilcnce a reservation to the lessor, entitled in fee, his 
heirs, executors, and assigns will not prevent the rent 
from following the reversion and going to the heir(rf). 

The most clear and sure mode of reservation is to 
reserve rent yearly during the term, and leave the law 
to make the distribution, without an express reservation 
to any person (e). A reservation of rent to the lessor 
only, not mentioning his heirs, &c., will enure only 
during the life of the lessor (f), imless the reservation 
be expressly to the lessor during the term, in which case 
rent will continue payable to the end of the term {g). 

A stipulation for a net rent means a rent clear of all 
deductions (A) ; hence the tenant under a lease contain- 
ing this reservation will be liable to pay land tax and 
sewer's rates {h). 


IIow consti- 

A COVENANT is nothing more than an agreement of 
the parties under seal (z). Hence, in order to constitute 
a covenant, no technical language is necessary (A) ; any 
words in a deed ^hich show an agreement to do a 
thing amount to a covenant (/). A recital (m), or an 

(<?) Judgment in Sacheverell v. 
Froggatt, 1 "Vent., at p. 161. 

(rf) Brake t. Munday, Cro. 
Car. 207. See Sacheverell v. 
Froggatt, 2 Wms. Saund. 367 a. 

(e) WUtlock'i Cage, 8 Co. R., 
at p. 71. 

(/) Co. Lit. 47 a. 

(g) Sacheverell y. Froggatt, 2 
Wms. Sannd. 367 a. 

(Ji) See jn<lgmcnt of Ld. Tenter- 
den, C. J., in Bennett v. Wovtach, 
7 B. & C, at p. 629; 3 C. & P. 96; 
Bradbury v. Wright, 2 Dongl. 

(i) Per Ld. Ellenborough, C. J., 
in Randall v. Lynch, 12 East, at 
p. 182. 

(Jt) Lant V. Norris, 1 Burr. 
287, 290. See also Saltoun v. 
Hmistoun, 1 Bing., at p. 440. 

(t) Easterby v. Sampson, 6 
Bing. 644, 650; 9 B. & C. 505; 
Stevenson's Case, 1 Leon. 324 ; 1 2 
East, 182,note (a) ; Hollis v. Carr, 
2 Mod. 87 ; St. Albans v. Ellis, 16 
East, 352 ; Cannock t. Jones, 8 
Ex. 233. 

(nt) Sampson v. Easterby, ^'Q. 
& C. 505; 6 Bing. 044; Farrall 


exception, may constitute a covenant, where it appears 
from the rest of the deed to be the intention of the 
parties that it should do so (w). 

An express covenant for payment of rent should be Covenant for 
inserted in every lease, because this covenant makes ren™^'^'^ 
the tenant chargeable with rent during the whole of the 
term, and if he assigns the lease gives the landlord a 
remedy against him as well as against the assignee (o). 
If it is agreed that the rent shall cease to be payable in 
case the demised premises shall be burnt down, or shall 
become uninhabitable, an express exception to that effect 
should be inserted in the covenant for payment of rent. 
An exception of damage by fire contained in the cove- 
nant to repair does not limit the operation of the cove- 
nant for payment of rent (p). 

Where it is intended that the liability to perform, where assigns 
and the right to take advantage of covenants, shall pass named, 
with the land to the assignee, the assigns should always 
be expressly named ; for though some covenants will 
bind assigns though not named, and others will not 
bind them though named, yet as. there is a middle 
class, in Avhich assigns are bound if named, and not 
otherwise, it is prudent to provide for the possibility of 
a covenant being held to belong to this class {q). 

Where an agreement for a lease contains no stipula- « Usual cove- 
tion as to the covenants to be inserted in the lease, or 
stipulates for the usual covenants, it seems that the 
lessor is entitled to have introduced into the lease a 

V. miditck, 5 C. B., N. S. 840; (p) Rare v. Grovet, 3 Anst. 

Lay V. Mottram, 19 C. B., N. S. 687; 2 Piatt on Leases, 166. See 

479. 2'Oit, Chap. IV., Sect. 2. 

(/») St. Albans v. Ellis, 16 (2') 4 Jann. Conv., by Sweet, 

East, 3.52; Wootlfall L. & T. 127. 428. Sec p^^t. Chap. IV., Sect. 

(<») 2PlattonLeJises, 1G3. See 12. 
post. Chap. IV., Sect. 12. 


of coTenants. 


covenant by the tenant to repair, without exception in 
case of damage by fire or tempest (r) ; but the lessor 
cannot require the insertion of a covenant by the lessee 
not to assign or underlet without licence (<) ; or a cove- 
nant not to exercise particular trades on the demised 
premises (<). The question of what covenants are usual 
appears, however, to be one of fact, and not of law (m). 
A covenant by the tenant to pay land tax and sewer's 
rate is a usual covenant in a lease, reserving a net 
rent(M) ; and a proviso for rc-€ntry is usual in leases of 
pubHc-houses(ar). A covenant that in case the demised 
premises shall be blown down or burned, the lessor 
shall rebuild, or otherwise the tenant shall be at liberty 
to quit, is not a usual covenant ( y\ 
Constrnction Every covenant is to be expounded with a regard to 

its context, and such exposition must be upon the 
whole instrument, ex antecedentihus et conseqy,entibuSy 
and according to the reasonable sense and construction 
of the words (z). Hence, if a man acts contrary to the 
intention of his covenant a breach will be committed, 
although he literally performs it ; as, if a man covenants 
to leave all the trees upon the land, and he cuts them 
down and leaves them there (a). If the meaning of 
the words of a covenant be doubtful, it woidd seem that 

(r) Kendall v. Hill, 6 Jnr., N. v. Williamg, 11 Q. B. 688 ; 17 L. 

S. 968; Sharp v. Milligan, 23 J., Q. B. 154. 

Beav. 419. (a?) Bennett v. Womack, 7 B. 

(«) Henderson v. Hay, 3 Bro. & C. 627 ; Haines v. Burnett, 27 

C. C. 632; Vere v. Loreden, 12 Beav. 500; 29 L. J., Ch. 289. 

Ves. 179 ; Chnrch v. Brown, 15 (y) Doe v. Sandham, 1 T. R. • 

Ves. 258; Browne Y. Jiaban, Hf. 705; Medwin v. Sandham, 8 

628 ; judgment in Buckland \. Swanst. 685. 

Papillon, 36 L. J., Ch., at p. 83. (z) Per Ld. Ellenborongh, C. J., 

(<) Propert v. Parker, 3 My, in Iggulden v. May, 7 East, at p. 

& K 280; Van t. Corpe, lb. 269. 241. 

(m) Bennett v, Womack, 3 C. (a) Com. Dig. Covenant {^.2); 

& P. 96 ; 7 B. & C. 627. See Doe Smith L. & T. 122. 


such construction will be made as is most strong against 
the covenantor (J). 

Covenants are construed as dependent or independent Whether de- 
according to the fair intention of the parties, to be dependent "^' 
collected from the instrument, and technical words (if 
there be any to encounter such intention) should give 
way to that intention (c). As fiirnishing a guide to 
the discovery of the intention of the parties (c?), it has 
been laid down as a rule that where a covenant goes 
only to part of the consideration on both sides, and a 
breach of such covenant may be paid for in damages, it 
is an independent covenant (e). 

Covenants entered into with several persons, although Whether joint 
they may appear prima facie to be joint, yet may be 
construed as separate, if the interest of the parties in 
the deed appears to be separate. If the words are 
ambiguous, they may be construed according as the 
interest of the parties appears to be joint or several, 
but if they are expressly and clearly joint or several, 
they cannot be so controlled {f). It has been held, 
that where a demise is joint, and the covenants upon 
which an action is brought are entire, and are made 

(J) Bac. Abr. Covenant (T.) ; gallay v. Pettit, 5 C. B., N. S. 

judgment va. Doe \. Stevens, ZB. 637; 28 L. J., C. P. 169. See 

& Ad., at p. 303, But see Rhodes also post. Chap. IV., Sect. 2 (2). 
V. Bullard, 7 East, 116. (/ ) Per Parke, B., in Sorsble v. 

(c) See judgment of Ld.Kenyon, Park, 13 L. J., Ex., at p. 11 ; 12 

C. J., in Porter v. Shephard, 6 T. M. & W., at p. 158 ; Bradburrw 

R., at p. 668 ; judgment of Ld. v. Botfield, 14 M. & W. 559, 572; 

Chehnsford in Roberts v. Brett, 14 L. J,, Ex. 330 ; Keightley v. 

34 L. J., C. P., at p. 247. Watson, 3 Ex. 716, 722. Sec 

(rf) Per Ld. Chelmsford, 34 L. Slingsby's Case, 6 Co. R. 18 a; 

J., C. P., at p. 247. Eccleston v. Clipsham, 1 Wms. 

{e) Boone v. Eyre, 1 H. Bl. ^&xxaA..\bi; Anderson y. MaHin- 

273, note («) ; jS^. A Ibans v. Shore, dale, 1 East. 497 ; James v. Emery, 

Jb. 270; Pordjage v. Cole, 1 Wms, 8 Taunt. 245; Withers y.Bircham, 

Saund. 320 b ;* Carpenter v. Cress- 3 B. & C. 254, 
well, 4 Bing. 409, 411. See Bag- 



with both the lessors, the cause of action is joint, and 
both of the covenantees ought to sue, though as between 
themselves their interests may be separate {g). Hence, 
the benefit of a covenant to repair in a joint lease made 
by tenants in common, will run Avith the entire rever- 
sion, and the representatives of all the tenants in com- 
mon must join in suing for a breach of such cove- 
nant (K). 

Prorisocs for 

How framed. 

A Proviso for re-entry on the whole of the dcr 
mised premises, on breach of any covenant in the lease, 
is not unreasonable {i). A proviso for re-entry on the 
bankruptcy of the lessee (A), or on his contracting a 
debt upon which judgment should be signed and exe- 
cution issue (/), is lawful. 

It is not essential that leases containing provisoes or 
conditions for re-entry should be made by deed {ni). 
A person who demises land by an instnunent not under 
seal may introduce a condition into it, provided he use 
apt and proper words for the purpose. In a lease for 
years, no precise form of words is necessary to make a 
condition. It is suflficient, if it appear that the words 
used were intended to have the effect of creating a con- 
dition (w). The right of entry should be reserved to 
the owner of the legal estate in the premises (o). 

(^) Per Ld. Denman, C. J., in 
Foley V. Addenbrooke, 12 L. J., 
Q. B., at p. 165 ; 4 Q. B., at p. 207. 

(A) Thompson v. Hakewill, 19 
C. B., N. S. 713 ; 35 L. J., C. P. 

(t) See Haberdashers' Com- 
pany V. Isaac, 3 Jar., N. S. 611. 

(*) Roe V. Oalliers, 2 T. R. 
133. See Church v. Browne, 15 
Ves., at p. 268. . 

(/) See i>a tM V. JSy^tNi, 7 Bing. 

154, As to the constmction of 
these provisoes, see Doe t. Prit- 
chard, 5 B. & Ad. 765 ; Doe v. 
Davies, 6 C. & P. 614 ; 1 Cr. M. 
& R. 405 ; Doe v. Rees, 4 Bing. 
N. C. 384. 

(ot) See Hayne v. Cummings, 
16 C. B., N. S. 421 ; 10 L. T., N. 
S. 341. 

(w) Per Bayley, J., in Doe y. 
WaU, 8 B. & C, at p. 315. 

(tf) Lit. 8. 347 ; Doe v. Lam- 


Provisoes for re-entry are construed according to the Constrnction 
letter, unless a decisive reason is shown for departing fo/r(Meinby. 
from it(p), such as a clear intention of the parties. The 
rule that the words of a covenant must be taken against 
the covenantor, applies more strongly to a proviso for re- 
entry, which contains a condition that destroys or defeats 
the estate {q). Where a proviso is insensible, it seems 
that the Courts wiU not find out a meaning for it (r). 
Proviso ybr re-entry for breach of covenants "here- 
inafter contained^ The lessor cannot re-enter 
for breach of a covenant placed before the pro- 
viso in the lease, although there are no covenants 
by the lessee after the proviso (s). 
Proviso for re-entry " if the lessee shall do or cause 
to be done any act, matter or thing whatsoever 
contrary to, or in breach of any of the covenants.^'' 
Does not apply to a breach of a covenant to re- 
pair, the omission to repair not being an act done 
within the meaning of the proviso {£). 
Proviso for re-entry " if the lessee shall, by the 
space of thirty days next after notice, make de- 
fault in performance of any of the clauses or 
agreements herein contained^ Does not apply to 
the breach of a covenant not to allow alterations 
in the premises, or permit new buildings to be 
made upon them without permission (m). 

rence, 4 Taunt. 23 ; Saunders v. in Doe v. Stevens, 3 B, & Ad., at 

Merryweather, 3 H. & C. 902 ; 35 p, 303. 

L. J., Ex. 115 ; 13 W. K. 814. (r) Doe v. Carem, 2 Q. B. 317 ; 

ip) Per Ld. EUenborough, C. J., 1 1 L. J., Q. B. 5. 

in Doe v. Godwin, 4 M. & S., at («) Doe v. Godwin, 4 M. & S. 

p. 2G9 ; Doe v. Marchetti, 1 B. & 265. 

Ad. 715, 720. But see Doe v. (J;) Doe \. SteveJis,3B. & Ad. 

Elsam, Moo. & M. 189 ; Croft v. 299. 

Lumley, post, p. 90, note (a?). (w) Doe v. MarcJietti, 1 B. & 

(-/) Per Ld. Tcuterdeu, C. J., Ad. 715. 


Proviso /or re-entry " if the lessee shall make default 
in the performance of any other covenants which 
on his part are or ought to be observed, per- 
formed or kept.^^ Applies to and forbids the 
breach of a negative as well as a positive cove- 
nant (ar). 

Proviso for re-entry " if the lessee shall be duly 
found and declared a bankrupt." Does not 
apply where the tenant is found and declared 
a bankrupt without a proper petitioning credi- 
tor's debt (y). 

Proviso for re-entry " if the lessee shall happen to 
become insolvent and unable in circumstances to 
go on with the management of the farm.^^ It is 
doubtful whether the attainder of the tenant is a 
forfeiture of the lease {z). 

Proviso for re-entry " if the lessee, his executors, 
administrators or assigns, should become bank- 
rupt or insolvent, 8fc," The right of re-entry 
accrues on the bankruptcy of the survivor of 
certain executors to whom the tenant, dying 
during the term, has bequeathed the premises 
on trust (a). 

Proviso for re-entry " in case the term of years 
hereby granted shall be extended or taken in 
execution.''^ Seizure by the sheriff under a writ 
of extent against the lessee at the suit of the 
Crown is a taking in execution within this pro- 
viso (i). 

(*) Croft T. lAimley, 4 Jnr., (a) Doe v. Pritckard, 5 B. & 

N. S. 903; 6 H. L. C. 672; 27 Ad. 765. 
L. J., Q. B. 321. (a) Doe v. David, 1 Cr. M. & R. 

(jf) Doe V. Inglehy, 16 M. & 405 ; 6 C. & P. 614. 
W. 465. (J) Rex ▼. Topping, M'Clel. & 

Y. 644. 


Proviso ybr re-entry "in case of breach of any of 
the agreements herein contained,^ {in a written 
agreement whereby premises are let for a term, 
" at and under the rent of 80/.") The lessor 
may re-enter for nonpayment of rent, although 
there is no express agreement to pay rent (c). 

Proviso for re-entry upon breach of any of the 
covenants, enumerating all the covenants except 
a covenant not to carry off hay, ^c, under a 
penalty of 51. per ton. The meaning is, that 
if the hay be removed without payment of that 
sum, the right of re-entry shall accrue {d). 

Proviso jTor re-entry if the tenant does not execute 
certain repairs to the satisfaction of the surveyor 
of the lessor. It is sufficient if the jmy think 
that the surveyor ought to have been satisfied 
with the repairs which are done, and although he 
is not in fact satisfied, no forfeiture will be in- 
curred (e). 

Proviso ^or re-entry " in case no sufficient distress 
can be found upon the premises." Search must 
be made in every part of the premises (f). 

Proviso ybr re-entry ** if the lessee shall commit waste 
to the value of lOs." The waste contemplated in 
the proviso is waste producing an injury to the 
reversion (g). 

Proviso /or re-entry " in default of making it appear, 
by a good and sufficient certificate, that a certain 
person in a foreign country is living." The fact 

{c) Boev. Kncllcr, 4 C. & P. 3. (/) Rees v. King, Forrest, 19. 

{d) Doe V. Jepson, 3 B. & Ad, See 2 B. & B. 514. 

402, 403. {g-) Doe v. Bond, 5 B. & C. 

(e) J)oc V. Jonrs, 2 C. & K. 855. 



cannot be properly certified by hearsay, or pre- 
sumptive evidence (A). 

of provieoes. 

Power to re- Sometimes there is inserted in a lease a proviso 

Buine posses- •> ^• i •, . « . 

sion of part of cnablmg the lessor to resume possession of any portion, 

j^^ ^'^ or certain specified portions, of the demised land on 

giving notice to the lessee. 

Peoviso empowering the lessor to resume any portion 
of the demised land which may be required for 
the purpose of " building, planting, accommoda- 
tion or otherwise." The words or otherwise 
must be held to refer to some purposes of the 
same character as those before specified, and the 
proviso will not enable the lessor to resume a 
portion of the land for the purpose of conveying 
it to a railway company (i). 

Proviso giving the lessor^s son power to take the 
demised house for himself when he comes of age. 
The son must make his election in a reasonable 
time after he comes of age. The delay of a 
year is unreasonable (k). 

Covenant that if lessor shall be desirous, during the 
term, to take all or any part of the land for 
building thereon it shall be lawful for her to 
enter upon all or any part to make such buildings 
as she shall think proper, and to do all necessary 
acts without interruption by the lessee, provided 
the lessor give six months^ notice of such inten- 
tion. This is not merely a covenant that the 
lessor may come upon the land in order to build 

(A) Handle v. Lory, 6 A. & E. gate and London Ry. Co., 35 L. 
218. J., Ch. 322. 

(i) Johmony. Edgnare, IligJir (Jt) Doe v. Smith, 2 T. K. 436. 

LEASES. 93, 

upon it, but she may take the whole of the land 
back for the purpose of building (/). 

Stipulation in an agreement to let {in which there 
was no clause of re-entry) that in case the land- 
lord should want any part of the demised land to 
build, or otherwise, the lessee will give up that 
part on a proportionate abatement being made 
in the rent, the fences being paid for and six 
months^ notice being given. This is a covenant 
and not a condition operating in defeasance of 
the estate (m). 

Stipulation in a lease, by the Commissioners of 
Woods and forests, that if the Commissioners, 
for the time being, shall, at any time during the 
term, be desirous to determine the demise, and of 
such desire shall cause " one calendar month^s 
notice in writing, under their hands, ^^ to be given 
to the lessee, the lease, at the expiration of such 
notice, shall cease, determine and be absolutely 
void. The lease may be determined by a notice 
signed by two only of three commissioners by 
virtue of stat. 10 Geo. 4, c. 50, s. 92 (w). 

(4) Stamps on Leases. 

Though a parol lease of land, not exceeding three Where ncccs- 
years, and reserving as rent two third parts of the full ^^•^' 
annual value, is good ; yet if a man, through caution, 
reduce it into writing he must pay for the stamp, or the 
Courts will not receive the instrument in evidence (o). 

The want of a proper stamp does not invalidate a Effect of want 

of stamp. 

(V) Doe V.Abel, 2 M. & S. 541, (w) Coombes v. Button, 5 M. 

549. Sec Doe v. Kenmrd, 12 Q. & W. 4G9. 

B. 244. (o) Prosier v. PMllipg, BuU. 

(to) Doe V. Phillips, 2 Bing. 13. N. P. 209. 



SUt 83 & 34 
Vict c. 97, 

may be 
Btamped after 
cxecation, on 
payment of 
unpaid duty 
and penalties. 

As to instm- 
ments exe- 
cuted abroad. 

Penalties may 
be remitted. 

Sect 16. 

Unstamped or 
stamped in- 
struments may 
be received in 
evidence in 
any court, on 

lease, but renders it inadmissible as evidence (p) except 
on payment of penalties. 

(1.) Except where express provision to the contrary 
is made by this or any other act, any imstamped or in- 
sufficiently stamped instrument may be stamped after 
the execution thereof, on payment of the unpaid duty 
and a penalty of ten pounds, and also by way of further 
penalty, where the unpaid duty exceeds ten pounds, of 
interest on such duty, at the rate of five pounds per 
centum per annum, fi-om the day upon which the in- 
stnunent was first executed up to the time when such 
interest is equal in amount to the unpaid duty. 

And the payment of any penalty or penalties is to 
be denoted on the instrument by a particular stamp. 
(2.) Provided as follows : 

(a.) Any unstamped or insufficiently stamped 
instnunent, which has been first executed 
at any place out of the United Kingdom, 
may be stamped, at any time within two 
months after it has been first received in 
the United Kingdom, on payment of the 
unpaid duty only : 
(ft.) The commissioners may, if they think fit, 
at any time within twelve months aft«r 
the first execution of any instrument, 
remit tlie penalty or penalties, or any 
part thereof. 
(1.) Upon the production of an instrument charge- 
able with any duty as evidence in any court of civil 
judicature in any part of the United Kingdom, the 
officer whose duty it is to read the instrument shall call 
the attention of the judge to any omission or insuffi- 

(j>) See Turner y. Power, 7 B. & C. 625 ; M. & M. 131. 


ciency ot the stamp thereon ; and if the instrument is payment of 

one which may legally be stamped after the execution pei^it^. 

thereof, it may, on payment to the officer of the amount 

of the unpaid duty, and the penalty payable by law on 

stamping the same as aforesaid, and of a fiirther sum 

of one poimd, be received in evidence, saving aU just 

exceptions on other grounds. 

(2.) The officer receiving the said duty and penalty The officer of 

shaU give a receipt for the same, and make an entry in account for 

a book kept for that purpose of the payment and of the <l°ties and 
^ ^ ^ . penalties. 

amoimt thereof, and shall communicate to the commis- 
sioners the name or title of the cause or proceeding in 
which, and of the party from whom, he received the 
said duty and penalty, and the date and description 
of the instrument, and shall pay over to the receiver 
general of inland revenue, or to such other person as 
the commissioners may appoint, the money received by 
him for the said duty and penalty. 

(3.) Upon production to the commissioners of any 
instrument in respect of which any duty or penalty has 
been paid as aforesaid, together with the receipt of the 
said officer, the payment of such duty and penalty shall 
be denoted on such instrument accordingly. 

Save and except as aforesaid, no instrument exe- Sect. 17. 
cuted in any part of the United Kingdom, or relating, „°t duW^° 
wheresoever executed, to any property situate, or to any s^^.P^d inad- 
matter or thing done or to be done, in any part of the 
United Kingdom, shall, except in criminal proceedings, 
be pleaded or given in evidence, or admitted to be good, 
useful, or available in law or equity, unless it is duly 
stamped in accordance with the law in force at the time 
when it was first executed. 

The amount of the ad valorem stamp duty on a lease Effect of mis- 



Btotcmcnt of 

Stat 83 & 34 
Vict c. 97, 
8. 10. 

All facts 
affecting ad 
valorem duty 
to be set forth. 

EflFcct of mis- 
statement of 

made hcfore 1871, was regulated by the consideration 
(whether fine or rent) expressed to be paid, and not by 
that which was actually paid (7). The recent Stamp 
Act woiJd appear to have effected a change in this 
respect (r). 

All the facts and circumstances affecting the liability 
of any instrument to ad valorem duty, or the amount 
of the ad valorem duty with which any instrument is 
chargeable, are to be fully and truly set forth in the 
instrument; and every person who, with intent to 
de&aud her Majesty, or her heirs or successors, 

(1.) Executes any instrument in which all the said 
facts and circumstances are not iully and truly 
set forth : 
(2.) Being employed or concerned in or about the 
preparation of any instrument, neglects or 
omits fully and truly to set forth therein all 
the said facts and circumstances ; 
shall forfeit the sum of ten poimds. 

The mis-statement of the consideration, though it 
subjects the parties to the lease, and the attorney pre- 
paring it, to penalties, does not avoid the instrument (s). 
The statute 55 Geo. 3, c. 184, s. 8, requiring the con- 
sideration to be set out, and imposing an ad valorem 
duty on the consideration, applied only to the case 
of ^ consideration passing between the lessor and the 
lessee (t). 

(j) Doe V. LercU, 10 B. & C. 
673 ; I>uck V. Braddyll, 18 Price, 
455. See Steer v. Croivley, 14 
C. B., N. S. 337, 357 ; 32 L. J., C. 
P. 191. 

(r) See stat 33 & 34 Vict. c. 
97, Schedule, tit. ConTejrancc; 

compare judgment in Doe v. 
Lewis, 10 B. & C, at p. 675. 

(<) Doe V. Hohson, 3 D. & R. 
186 ; Jiobinson v. Macdonnell, 6 
M. & S., at p. 234. 

(t) Boone v. Mitchell, 1 B. & 
C. 18, 20. 


If a lease made before 1871 contains a demise of i. a» to leanes 

two different subiect-matters and reserves two separate ^'"^* ' 
*". . . ^ Where two 

rents, but the lettmg is one transaction, one ad valorem stamps are 

stamp on the aggregate amount of both rents is suffi- ''^°*" *• 
cient (y). But if a certain rent is reserved for a house 
and land, and by a separate reservation in the same 
lease another rent is made payable for furniture and 
fixtures, an ad valorem stamp on the rent of the house 
and land only is not sufficient (z). A lease containing 
an agreement, giving the lessee the option of purchasing 
the premises demised for a specified sum, requires only 
a lease stamp (a) ; unless the agreement to purchase 
relates to other premises besides those which are the 
subject of the lease, in which case an agreement stamp 
also will be necessary {b). A lease, containing a con- 
tract for the purchase of fixtures, cannot be given in 
evidence to prove the value of the fixtures unless it has 
a lease stamp, although it has an agreement stamp (c). 
A mere acknowledgment of an antecedent tenancy 
does not require a lease stamp {d). 

An instrument containing or relating to several dis- 2. As to leates 

, ,11 J •.! J J • made on or 

tinct matters is to be separately charged with duty in after utJanv- 

respect of each of such matters. '^^' ^®^^" 

, . , ^ -J .• • J. Stat. 33 & 34 

An instrument made tor any consideration, in respect vict. c. 97, s. 8. 

whereof it is chargeable with ad valorem duty, and also Duty charge- 

.,.. ,1 J able on every 

for any other valuable consideration, is to be charged distinct matter 

with duty in respect of such last-mentioned consideration, ^qq^"" ^^' 

(y) Boase v. Jackson, 3 B. & (J) See Lovelock v. Franklyn, 

B. 185; Blount v. Pearman, 1 8 Q. B. 371 ; 16 L. J., Q. B. 182. 

Bing. N. C. 408 ; Parry t. Deere, (c) Corder v. Drakeford, 3 

5 A. & E. 651 ; Reg. \. Hock- Taunt. 382. 

morthy, 7 A. & E. 492. {d) Eagletony. Gutteridge, 11 

{z) Coster V. Cowling, 7 Bing ABCy. M. & W. 465; 12 L. J., Ex. 359. 

(a) WorthiTigton v. Warring- See Hill v. Rnmm, 6 M. & Gr. 

ton, 5 C. B. 635 ; 17 L. J., C. P. 789 ; Barry v. Goodman, 2 M. & 

117. See2»o«f, p. ICM). W. 768. 

P. H 



But 83 & 84 
c. 97. 

Amount of 

(1.) For any definite term less than a year: 

(a.) Of any dwelling-house or tenement, or part of a 
dwelling-house or tenement, at a rent not ex- 
ceeding the rate of 10/. per annum . . 
(J.) Of any furnished dwelling-house or apartments 
where the rent for such term exceeds 251. . . 

£ ». d. 


(0.) Of any lands, tenements, or heritable subjects J 
except or otherwise than as aforesaid | 

(2.) For any other definite term or for any indefinite term : 
Of any lands, tenements or heri*Able subjects— 
Where the consideration, or any part of the consi- 
deration, moving either to the lessor or to any 
other person, consists of any money, stock or 


00 a lease for 
a ycai' at tlie 
rent reserved 
for the defl- 

^ lUte term. 

In respect of such consideration . . 

Where the consideration or any part of the con- 
aderation is any rent : 

The same doty 
as a convey- 
ance on a sale 
for the same 
tion (/)• 

(/) 7. e. — Where the amount or value of the consideration 
for the sale does not exceed 51. 
Exceeds 51. and does not exceed 








































For every 50/., and also for any fractional 
part of 60/., of such amount or value 

1 10 




(2.) For any other definite term, &c. — continved. 
In respect of such consideration : 

If the rent, whether reserved as a yearly rent 
or otherwise, is at a rate or average rate : 

Not exceeding 5Z. per annnm 

Exceeding — 

5Z. and not exceeding lOZ. 

10^. „ „ 15Z. 

15?. „ „ 20Z. 

20?. „ „ 25?. 

25?. „ „ 50?. 

60?. „ „ 75?. 

75?. „ „ 100?. 


For every full sum of 50?., 
and also for any fractional 
part of 50?. thereof 
(3.) Of any other kind whatsoever not hereinbefore de- 

If the term 

Is definite 

and does not 

exceed 86 

years, or Is 

If the term 
being defi- 
nite exceeds 
35 years but 
does not 
exceed 100 

If the term 
being defi- 
nite exceeds 
100 years. 

£ «. d. 

& 8. d. 

& ». d. 







1 6 





1 4 

2 6 


1 10 


1 10 


7 6 

2 5 

4 10 





1 10 



(1.) Where the consideration, or any part of the 
consideration, for which any lease or tack is granted or 
agreed to be granted, does not consist of money, but 
consists of any produce or other goods, the value of such 
produce or goods is to be deemed a consideration in 
respect of which the lease or tack or agreement is 
chargeable with ad valorem duty, and where it is stipu- 
lated that the value of such produce or goods is to 
amount at least to, or is not to exceed, a given sum, or 
Avhere the lessee is specially charged with, or has the 
option of paying after, any permanent rate of conver- 
sion, the value of such produce or goods is, for the 
purpose of assessing the ad valorem duty, to be esti- 
mated at such given sum, or according to such perma- 
nent rate. 


Sect 97. 

"Where produce 
or goods are 
reserved as 
rent, duty to 
be chargeable 
on value 

Where value 
is ascertainc<l 
by stipulation 
in lease, duty 
tu be assessed 



stamped in 
with statement 
of value to be 
deemed dnly 
stamped till 
contrary is 

Sect 98. 

(2.) A lease or tack or agreement made either 
entirely or partially for any such consideration, if it 
contains a statement of the value of such consideration, 
and is stamped in accordance with such statement, is, 
so far as regards the subject-matter of such statement, 
to be deemed duly stamped, unless or until it is other- 
wise sho^vn that such statement is incorrect, and that it 
is in fact not duly stamped. 

No duty 
chargeable in 
respect of 
penal rent ; 

(1.) A lease or tack, or agreement for a lease or 
tack, or with respect to any letting, is not to be charged 
with any duty in respect of any penal rent, or increased 
rent in the nature of a penal rent, thereby reserved or 
agreed to be reserved or made payable, or by reason of 
or of surrender being made in consideration of the surrender or aban- 
pnor ease, ^^j^jj^g^^ ^f g^jjy existing lease, tack, or agreement of or 
relating to the same subject-matter. 

or of covenant 
relating to 
matter of 

Duty on leases 
by ecclesiastical 

On leases by 
Trinity Col- 
lege, Dablin. 

(2.) No lease made for any consideration or consi- 
derations in respect whereof it is chargeable with ad 
valorem duty, and in fiirther consideration either of a 
covenant by the lessee to make, or of his having pre- 
viously made, any substantial improvement of or addi- 
tion to the property demised to him, or of any covenant 
relating to the matter of the lease, is to be charged with 
any duty in respect of such fiu*ther consideration. 

(3.) No lease for a life or lives not exceeding three, 
or for a term of years determinable with a life or lives 
not exceeding three, and no lease for a term absolute 
not exceeding twenty-one years, granted by an eccle- 
siastical corporation aggregate or sole, is to be charged 
with any higher duty than thirty-five shillings. 

(4.) No lease for a definite term exceeding thirty- 
five years granted under * The Trinity College (Dublin) 

LEASES. 101 

Leasing and Perpetuity Act, 1851,' is to be charged 
with any higher duty than would have been chargeable 
thereon if it had been a lease for a definite term not 
exceeding thirty-five years. 

(5.) No lease or tack, or agreement for a lease or On leases of 

tack, in Scotland, of any dwelling-house or tenement, house8°^r 

or part of a dwelling-house or tenement, for any definite *^"?. °°' ^*" 
^ ° ^ J ceedmg a year 

term not exceeding a year, at a rent not exceeding the at rent not ex- 
rate of ten pounds per annum, is to be charged with per annum. 
any higher duty than one penny. 

The duty upon an instrument chargeable with duty Sect. 99. 

as a lease or tack for any definite term less than a year P?*^ '° *^^'"' 

•' ■^ tain cases may 

of — be denoted by 


(1.) Any dwelling-house or tenement, or part of a stamp. 

dwelling-house or tenement, at a rent not 

exceeding the rate of ten pounds per 


(2.) Any fiimished dwelling-house or apartments ; 

Or upon the duplicate or counterpart of any such 
instrument, may be denoted by an adhesive stamp, 
which is to be cancelled by the person by whom the 
instrument is first executed. 

(1.) Every person who executes, or prepares, or is Sect lOO. 

employed in preparing any instrument upon which the ^ ^*^ •°° 

duty may, under the provisions of the last preceding adhesive stamp 

IT 11 11 • , ni-i before execa- 

section, be denoted by an adhesive stamp, and which tion. 

is not, at or before the execution thereof, duly stamped, 

shall forfeit the sum of five pounds. 

(2.) Provided that nothing in this section contained 
shall render any person liable to the said penalty of five 
pounds in respect of any letters or correspondence. 





Stat 33 & 34 
Vict. c. 97, 

stamp neces- 

Id. Schedule. 

Amount of 

(5) Counterparts and Duplicates. 

Leases arc often prepared in two parts, known 
respectively as the lease and counterpart. The lease 
is executed by the lessor alone, and is kept by the 
lessee {g). The counterpart is executed by the lessee 
alone, and is kept by the lessor. The production of a 
counterpart, properly stamped and executed by the 
lessee, is presumptive evidence of the execution of a 
lease {h). 

Where copies of a lease are each executed by both 
lessor and lessee they are termed duplicates. 

The duplicate or coimterpart of an instrument 
chargeable with duty (except the counterpart of an 
instrument chargeable as a lease, such counterpart not 
being executed by or on behalf of any lessor or 
grantor,) is not to be deemed duly stamped unless it is 
stamped as an original instrument, or unless it appears 
by some stamp impressed thereon that the full and 
proper duty has been paid upon the original instru- 
ment of which it is the duplicate or coimterpart. 

Duplicate or CJountekpabt of any instroment charge- 
able with any daty. 

Where such duty docs not amonnt to 5«. . . 

In any other case . . ..05 

The same doty 
as the ori- 
ginal instru- 


(6) Matters relating to the completion of Leases. 

Execution of Leases by deed should be signed, sealed and delivered 

^ ' by the parties, or their agents, duly authorized by power 

of attorney under seal (i). It is not clear, however. 

(^) Pott, p. 105. 
(A) Hughes v. Clark, 10 C. B. 
905 ; Houghton v. Kcenig, 18 C. 

B. 235 ; 25 L. J., C. P. 218. See 
Doe V. Austin, 2 Moo. & Sc. 107. 
(i) Ante, p. 31. 

LEASES. 103 

that signature, though usual and desirable, is essential 
to leases by deed (A). No formal mode of delivery is 
necessary. A deed may be delivered by handing it 
over to the party to whom it is made, vrithout words ; 
or by words without any act of delivery (Z). 

The delivery may be qualified by express words, so 
as to prevent it fi*om operating until the performance 
of some condition, as, for instance, the payment of a 
sum of money. Or an agreement to that effect may be 
inferred from circumstances ; and in that case, though 
there is no express delivery as an escrow, the instru- 
ment will not operate as a deed until the condition has 
been performed (m). 

Leases made by agents should be executed by them Execution of 
in the names of their principals, thus, — A. B., by C. Z)., agents.^ 
his agent. An agent who executes a lease or agreement 
in his own name only may be held personally liable, even 
where the instrument is expressed to be made by him 
for and on behalf of the principal (n). 

It is desirable that leases by deed should be attested Attestation. 
by two witnesses, but, unless the deed is made in pur- 
suance of a power requiring witnesses, the want of 
attestation will not render it void (o). 

Until the lessor has executed the lease, the lessee is Effect of non- 
not bound by the covenants to repair or to pay rent, be- f^" ^°^ ^ 
cause until then he has not the consideration for which 
he has stipulated ( p). But when, in a mortgage deed 

lit) Aveli/ne v. Wkiston, 4 M, (») Norton v. Herron, 1 C. & 

& Gr. 801 ; 12 L. J., C. P. 58. P. 648 ; Ry. & M. 229 ; Tanner v. 

See Couch v. Goodman, 2 Q. B., Cfiristian, 4 E. & B. 591 ; 24 L. 

at p. 596; 11 L. J., Q. B. 225, J., Q. B. 91. 

227 ; 2 Piatt on Leases, 9. (o) 2 Black. Ck)m. 307. 

(0 Co. Lit. 36 a. (/>) Swatman v. Ambler, 8 Ex. 

(ot) Chidgen v. Besset, 6 E. & 72 ; 22 L. J., Ex. 81 ; Pitman v. 

B. 986 ; 26 L. J., Q. B. 36. Woodbury, 3 Ex. 4. 



Effect of alte- 
rations in a 
lease after 

not executed by the mortgagee, the mortgagor has 
attorned and has occupied as tenant to the mortgagee 
at a fixed rent payable half-yearly, and has made 
several half-yearly payments, the relation of landlord 
and tenant is created, and a distress for rent may be 
made by the mortgagee (q). Rent is recoverable from 
sureties under a lease of the wife's lands executed by 
husband and wife, but not acknowledged by the vnfe, 
nor made according to the provisions of stat. 19 & 20 
Vict. c. 120, 8. 32 (r) ; provided there is nothing to show 
that the parties bargained for a lease which it should be 
impossible for the wife to dispute (s). A lease purporting 
to be made by a tenant for years determinable with his 
life and the reversioner, not executed by the reversioner, 
but containing a clause expressly stating that the parties 
demise, so far only as they lawfully can, according only 
to their respective estates and interests, is binding on 
the lessee, who has entered into possession (t). 

If any alteration is made in a lease after it has been 
executed by the lessor and lessee, it ^vill require a fresh 
stamp ; unless, perhaps, in cases where such alteration 
is made with the consent of both parties, and is merely 
an expression of what was before implied, as, for 
instance, the addition of the words " house and build- 
ings" to a proviso for giving up a farm (u). If a deed 
is altered, aft«r execution, in a point material by one 
party without the privity of the other, it thereby 

iq ) Wett V. IHtch, 3 Ex. 216 ; 
18 L. J., Ex. 60. See judgment 
of Cockbam, C. J., in Morton v. 
Woods, 37 L. J., Q. B., at p. 247 ; 
L. R., 3 Q. B., at p. 667. See 
8. a, 38 L. J., Q. B. 81 ; L. R., 4 
Q. B. 298. 

(r) Ante, p, 9. 

(<) Toler V. Slater, 37 L. J., Q. 
B. 33 ; L. R, 3 Q. B. 42. 

it) How V. Greek, 3 H. & C. 
391 ; 34 L. J., Ex. 4, 6. 

(m) Doe V. Hoitghton, 1 Man. & 
Ry. 208; Woodfall, L. & T. 134. 

LEASES. 105 

becomes void {x). But an alteration made before 
execution by the lessor and lessee does not affect the 
validity of the deed, although it has been previously 
executed by other persons parties thereto (y). 

A memorial of a lease by deed of lands situate in Registration. 

the counties of Middlesex, or York, or in the town of ^*'!tl'vI,Aj?®' 

' ' c. 20 (Middle- 

Kingston-upon-Hull, should be entered on the re- sex) ; 2 & 3 
spective registers provided for the purpose ; unless the 5 Anne.c. 18 
lease is at a rack-rent, or does not exceed twenty-one g Anne c 35'' 
years where the possession and occupation go along C^^st Riding 
with the lease, i. e. where the lessee is also the occupier 8 Geo. 2, c. 6 
of the premises (z). Ridbg). 

Copyholds are excepted from the Registry Acts, but it 
has been thought to be advisable to register such leases 
of copyhold estates as would require registration if the 
estate were freehold (a). 

No lease of lands within the Bedford Level, except Stat. 15 Car. 2, 
leases for seven years or under in possession, shall be " ' ' ' 
of force but from the time it shall be entered with the 

During the continuance of the demise, the inden- Custody of 
ture of lease belongs to the lessee, and the countei-part 
to the lessor (b). The lessee is entitled to possession 
of the instrument of lease after his interest in the de- 
mised premises has expired or been determined by for- 
feiture (c). Where a lease is in the hands of the tenant, 

(«) Pigot's Case, 11 Co. R. 26 a, 87, note (w). 

27. (J) See judgment in Hall v. 

(y) Hall V. Chandless, 4 Bing. Ball, 10 L. J., C. P. at p. 287. 

123. (c) Hall V. Ball, 3 M. & Gr, 

(z) Dart's V.& P. 457 (4th ed.). 242; 10 L. J., C. P. 285; El- 

(a) Sug.V.&P.732(14thed.); worthy v. Sandford, 3 H. & C. 

Rigge on Registration of Deeds, 330 ; 34 L. J., Ex. 42. 


and no counterpart can be found, it seems that the 
landlord is entitled to inspect and take a copy of the 
lease {d). It is a common application at chambers, on 
the part of lessors, for a copy of the lease in the posses- 
sion of the lessee, and the order is frequently made, on 
the ground that the lessee is a trustee for the lessor (e). 
If a lessee against whom an action of ejectment for a 
forfeiture is brought has no duplicate or copy of the 
lease, he may, independently of stat. 14 & 15 Vict. 
c. 99, s. 6, obtain from a judge an order to inspect and 
take a copy of the lease (f). 

Costs of pro- The usual course is for the lessor's attorney to prepare 

the lease, and for the lessee to pay the costs (^). If 
the lease is prepared by the attorney of the lessor, who 
is not employed by the lessee for that purpose, the lessor 
is the person liable, in the first instance, to pay the 
attorney, but the lessor can recover the amount from 
the lessee whether the lessee takes up the lease or re- 
ftises to do so (A). The lessor must bear the expense 
of the counterpart unless the lessee has expressly agreed 
to pay for it (a). Generally, however, the lessee agrees 
to pay aU the costs of both lease and counterpart (A). 

Entry of At Common law no lease for years, whether with or 

mthout any reservation of rent, is looked upon as com- 

(rf) Doe V. Slight, 1 Dowl, (ff) Oristell v, Jtohimon, 3 

163. See Wwdcock v. Worth- Scott, 329 ; 3 Bing. N. C. 10. 

ington, 2 Y. & J. 4; Portmore v. (A) Baker v. Mcryweather, 2 

Goring, 4 Bing. 152. C. & K. 737 ; GriMell v. liobin- 

(e) Per Martin, B., 34 L. J., son, 3 Bing. N. C. 10. 

Ex. 44. (j) Jennings v. Major, 8 C. & 

(/) Doe T. Eoe, 1 E. & B. 279 ; P. 61. 

22 L. J., Q. B. 102. (k) Woodfall, L. & T. p. 144. 

LEASES. 1 07 

plete till actual entry has been made by the lessee (/). 
A lease in the usual form, not operating under the 
Statute of Uses, does not of itself vest any estate in 
the lessee, but only gives him a right of entry on the 
tenement, called his interest in the term, or interesse 
termini {m). 

The right upon a lease to commence immediately is Natnre of 
(except under the Statute of Uses) until entry an in- before entry. 
teresse termini only, and so is the right upon a lease to • 

commence at a future time ; and the same rules are 
applicable to both. Each is a right only, not an estate. 
The whole estate, notwithstanding such right, is in the 
lessor. In neither case will a conveyance by the lessee 
to the lessor operate as a surrender, nor will a release 
from the lessor to the lessee operate by way of enlarging 
the estate. The right may be granted away as a right 
or extinguished by a release ; but it cannot be conveyed 
as an estate ; it has all the properties and consequences 
of a right only, and not of an estate (n). 

At any time during the term, even after the death of 
the lessor, the lessee or his assignee, or personal repre- 
sentatives, may perfect the lease by entry, or some act 
equivalent thereto (o). Until this has been done, neither 
the lessee nor his assignee can maintain an action of 
trespass in respect of the demised premises (p) ; but he 


(Z) Bac. Abr. (M.) p. 183. Stepltens, 1 B. & A., at p. 607. 

(to) 2 Black. Com. 144; Co. {p) Bac. Abr. (M.), p. 183; 

Lit. 46 b. See judgment in Coj?e- Turner v. Cameron's, ^'c. Co.,^ 
land V. Stephens, 1 B. & A., at Ex. 932 ; 20 L. J., Ex. 71 ; 
p. 605. mieeler v. Montefiore, 2 Q. B. 

(») Jadgment in Doe v. Wal- 133; 11 L. J., Q. B. 34. See 
ker, 5 B. & C, at p. 118. Sec Harrison v. Blackburn, 17 C. B., 
Sajfyn's Case, 5 Co. R., at p. 124. N. S. 678 ; 34 L. J., C. P. 109. 

(o) Co. Lit. 46 b ; Copcland v. 


may bring an action of ejectment (q). An action for 
use and occupation cannot be maintained against him 
imtil he has entered (r). 

(q) Doe V. Day, 2 Q. B. 147, (r) Edge v. Strafford, 1 Cr. & 

156; 12 L. J., Q. B. 86, 88. See J. 891 ; Lowe v. Eoti, 5 Ex. 553; 

observations of Byles, J., in ^ar- 19 L. J., Ex. 318; Towne r. 

rUon V. Blackburn, 34 L. J., C. D'Heinriche, 13 C. B. 892 ; 22 L. 

P., at p. 113. .T.,C. P. 219. 

( 109 ) 




Sect. I. Eent 109 

( 1 ) "What may be reserved as rent . . . . . . 109 

(2) Payments which are not rent . . . . . . 110 

(.3) When rent is payable .. 112 

(4) Where payable .. 115 

(5) To whom payable . . .. .. .. .. 115 

(6) Amount payable .. .. .. .. .. 117 

(7) Apportionment . . . . . . . . . . 126 

(8) Payment and remittance . . .. .. .. 128 

(9) Effect of payment 129 

(10) Remedies for recovery of rent . . . . . . 130 

II. Repairs 189 

III. Waste 198 

IV. Mode op using premises 200 

V. Cultivation 207 

VI. Fences 214 

VII. Trees 217 

VIIL Insurance 220 

IX. Taxes 223 

X. Quiet enjoyment 229 

XI. Underleases . . . . 235 

XII. Assignments 239 

XIII. Live stock 258 

XIV. Game 259 

Sect. I. — Rent. 
(1) What may be reserved as Rent. 

It is not essential that rent should consist of the pay- Need not be 
ment of money. The delivery of hens, horses, wheat, "^°^^^' 
&c., may constitute a rent (a), and so also may the 

(fl) Co. Lit. 142 a. 


performance of personal services, such as shearing 

sheep (b), carrying coals (c), or cleaning a church {d). 

Mast not be Parcel of the annual profits of the premises de- 

part of dciniscd . t n ' . At ^ t f 1 1 . y 

premises. mised, as, tor instance, the herbage oi land, cannot be 

reserved as rent (e). A royalty payable to the o^vner of 
a brickfield upon the bricks made, is, however, a rent, 
although the land is in course of beuig wholly con- 
sumed (/). 

(2) Payments which are not Rent. 

The following payments are not, properly speaking, 
rent, and, though recoverable by action, cannot be dis- 
trained for, unless an express power to distrain is con- 
tained in the lease : 

1. Sums re- Payments reserved by way of rent on a lease of 

served OD Icftscs 

of incorporeal an incorporeal hereditament (y). But rent may be 
hereditaments. j.gggi^g(j qu^ of reversions and remainders (A), and the 

sovereign may reserve a rent out of any incorporeal 

hereditament (Ji). 

2. Sums re- Payments reserved by way of rent on a lease of 
served on leases "^ \ • ^ n 

of chattels. personal chattels (J). But a mixed payment of rent 

for land and goods will be held to issue out of the land 
alone (A) ; hence rent for furnished lodgings (/), or for 

(b) Co. Lit. 96 a. (ff) Co. Lit. 47 a; Gardiner v. 

(c) Doe V. Morse, 1 B. & Ad. Williamson, 2 B. & Ad. 336, 
865. See Lanyon v. Came, 2 3.39. 

Sannd. 165, 167. (h) Co. Lit. 47 a; see note 284. 

(rf) Doe Y. Benluim, 7 Q. B. (i) Spencer's Caie, 5 Co. R., 

976 ; 14 L. J., Q. B. 342. at p. 17. 

(e) Co. Lit. 142 a; 2 Black. (k) Cullins v. Harding, Cro. 

Com. 41. Eliz., at p. 607 ; Farewell v. 

(/) Reg. V. Westhrook, 10 Q. Dickinson, 6 B. & C. 261. See 

B. 178; 16 L. J., M. C. 87; Reg. Salmon, v. Matthews, 8 M. & W. 

T. Everist, lb. See Daniel v. 827. 

Gracie, 6 Q. B. 145; 13 L. J., {I) Newman v. Anderton, 2 B. 

Q. B. 309; Barrs v. Lea, 33 L. J., & P., N. R. 224. 
Ch. 437; 12W. R. 525. 

BENT. 1 1 1 

the exclusive occupation of part of a room together 
with a supply of steam power, may be distrained for(m). 

Payments reserved by way of rent in a mere licence 3. Sams re- 
to use premises for a particular purpose (n). A distress mere licence, 
cannot be made for rent reserved on a letting of a stand- 
ing for machinery, with a supply of steam power (o), 
unless the letting is of a defined portion of a room in a 
factory, partitioned off from the rest, with the intention 
of giving the exclusive occupation to the person to 
whom it is let {p). 

Payments reserved by way of rent on a mere agree- 4. Sums re- 
ment for a lease, where no tenancy has been created by mere agree- 
payment of rent or otherwise (q). Where a tenant holds j^^ * 
over after notice to quit given by the landlord, rent 
subsequently accruing due cannot be distrained for 
until a new tenancy has been expressly or impHedly 
created (?•). 

Payments by way of increased rent which a tenant 5. Additional 
under a lease for a term of years agrees by parol with provements. 
his lessor to make during the remainder of the term, in 
consideration of the lessor's executing improvements on 
the demised premises (s). Though the word rent is 
used, the agreement is held to amount only to a per- 
sonal contract to pay an additional sum yearly {t). 

(m) Selby v. Greaves, L. R., 3 (r) Alford v. Vicltery, Car. & 

C. P. 594 ; 37 L. J., C. P. 251. M. 280; Jenner v. Clegg, 1 Moo. 

{%) See ante, p. 47. & R. 213 ; Sullivan v. Bishop, 2 

(<?) Hancock v. Austin, 14 C. C. & P. 359 ; ante, p. 64. 

B., N. S. 634 ; 32 L. J., C. P. 252. (») Hoby v. Roebuck, 7 Taunt. 

(p) Selby V. Oreaves, L. R., 3 157; Bonellan v. Read, 3 B. & 

C. P. 594; 37 L. J., C. P. 251. Ad. 899; Lambert v. Norris, 2 

(y) Woodfall, L. & T. 375; M. & W. 333. See Foquet v. 

Began v. Johnson, 2 Taunt. 148 ; Moor, 7 Ex. 870 ; 22 L. J., Ex. 35. 

Bunk Y. Hunter, 6 B. & A. 322; (f) See judgment in Bonellan 

Regnart v. Porter, 7 Bing. 451. y. Read, 3 B. & Ad., at p. 905. 
See ante, p. 53; also p. 47, noto(«). 



6. Payments 
" over and 
above the 

7. Payments 
resened upon 
the assign- 
ment of a lease. 

8. Payments 
reserved to a 

Payments agreed to be made by the lessee to the 
lessor annually, " over and above the rent"(M). 

Payments by way of rent reserved upon the assign- 
ment of a lease {x). 

Payments by way of rent reserved to a stranger to 
the reversion (y). But such a reservation may be good 
by estoppel (z) ; and it seems that the sovereign may 
reserve rent to a stranger (a). 

(3) fVken Rent is payable. 

1. Where there A yearly rent is payable only once in a year, and not 
stipulaUo™M "^*il t^6 end of the year, unless the reservation be 
to days of pay- qualified by subsequent words, making the rent payable 

in advance {h\ or at shorter intervals than a year ; as, 
for instance, half-yearly or quarterly (c). A clause 
making a lease determinable by notice expiring on 
any quarter day will not constitute a quarterly reser- 
vation of rent (</). 

Sometimes by the custom of the country rent may be 
due in advance (c). 

2. Constmc- Rent PAYABLE quarterly, or half-quarterly, if re- 

(tt) Mortice v. Antrobus, 
Hardr. 325 ; Smith v. Maple- 
back, 1 T. R. 441, 445. But see 
liarrt v. Lea, 33 L. J., Ch. 437 ; 
12 W. R. 525. 

(a?) Wiiton, v. Bye, Cro. Jac. 
486 ; Poulteney v. Holmes, 1 Stra. 
405 ; Parinenter v. Webber, 8 

Taunt. 593 ; v. Cooper, 2 

Wils. 375; Preece v. Corrie, 5 
Bing.24. SeeLangfordy.Selmes, 
8 K. & J. 220. 

(y) Co. Lit. 143 b; Oates v. 
IHth., Hob. 130; 2 Rol. Ahr. 
447, pi. 8. See Oilbertson v. 

Richards, 4 H. & N. 277 ; 28 L. 
J., Ex. 158. 

(z) See ante, p. 42. 

(o) Co. Lit. 143 b. 

(J) See Finch v. Miller, 5 C. 
B. 428; ante, p. 83. 

(c) Coomber v. Howard, 1 C. 
B. 440. See Turner v. Allday, 
Tyr. & Gr. 819. 

(rf) Collett V. Curling, 10 Q. 
B. 785 ; 16 L. J., Q. B. 390. 

(c) Buckley v. Taylor,2 T. R. 
600. But see Boe v. Wellcr, 1 
Jur., O. S. 622. 

RENT. 113 

quired. Where the landlord has received the tion of express 
rent quarterly for a year, a previous demand is ^ '^" * ""' 
necessary to make it payable half-quarterly (/). 
A distress is not equivalent to a demand, and 
cannot be made before a demand in fact (^). 

Rent payable at the "ttvo usual feasts of the year^ 
Is due at Michaelmas and Lady Day (/t). 

Rent payable from the following Lady Day, upon 
a parol demise. Where there is a custom of 
the country respecting the meaning of "Lady 
Day," that term is considered as used prima 
facie consistently with the custom, and evidence 
of such custom is admissible (z). 

Rent payable on a specified day, or within a cer- 
tain number of days afterwards. Is not due, 
during the continuance of the lease {k), until the 
expiration of the last of the days of grace (J). 

Rent payable at the "feasts of the Annunciation 
and St. Michael^'' in a lease made in August. 
The words will be transposed, and the first 
instalment of the rent payable at Michael- 
mas (m). 

Rent payable quarterly, " the first payment to be 
made on the 25th of March following, ^^ in agree- 
ment dated 8th September. Only a quarter's 
rent is due on 25th March, the first quarter's 

(/) ]HaUamY.Arden,10Bmg. Cro. Jac. 227, 233; Telv. 167. 

299. See Clarke v. Holford, 2 (0 Clun's Case, 10 Co. R. 
C. &K. 540. 127 a, 128 a; Blunden's Case, 

(^) Per Alderson, J., 10 Bing. Cro. Eliz. 565; Pilkington v. 

300. Dalian, Cro. Eliz. 575. 

(A) 2 Rol. Abr. 450 (M.), pi. 2. (to) Hill v. Grange, Plowden, 

(i) Boe V. Benson, 4 B. St A. 164,171; incorrectly cited in iWiaZ- 

688, 589. lory's Case, 5 Co. R. Ill b. 
(A) See Barmiek v. Foster, 

P. I 


rent being either forgiven altogether, or post- 
' poned to the end of the term (»). 

Rent payable ^^ yearly and every year during the 
term by four equal quarterly payments , on 25 th 
March, 24th June, 29th September and 25th 
December in every year, commencing from 25th 
March then instant,''' in a lease for seven years 
from 25th March, by indenture dated 2\st 
March. There must be seven payments of the 
annual rent ; the rent will either be treated as a 
forehand rent, the first payment to be made on 
entering; or as payable on the days named, 
although one of them is after the expiration of 
the term (o). 

Pavment If a tenant pays his rent before the day on which it 

tl^y_ is due, the payment is voluntary, and at law does not 

operate as a discharge (^p). But advances made by a 

tenant on account of rent not due at the time are an 

equitable defence to an action for such rent (^q). 

Payment on Payment of rent on the morning of the rent-day will 

® "*" ^' be valid as against the heir of the landlord in case the 

latter should die on the same day (r). But the tenant 

has the whole of the day to pay his rent in, and it is 

not in arrear until after midnight («). 

(n) Swtchim v. Scott, 2 M. & W. 177. 

W. 809, 810. (r) ClutCt Cote, 10 Co. Rep. 

(o) Hopkins T. Helvwre, 8 A. 127. 

& E. 463. («) Bibhle v. Borcater, 2 E. & 

(i>) Clun't Case, 10 Co. R. B. 564 ; 22 L. J,, Q. B. 396. See 

127 a; Cromwell v. Andrews, Buppa y. JUayo, 1 Wma. S&xind., 

Cro. Eliz. 15. at p. 287 ; judgment of Black- 

(?) ^^ash V. Gray, 2 F. & F. stone, J., in Cutting v. JDerbi/, 

891. See Rockingham v. Pen- 2 W. BL, at p. 1077. 
rice, 1 Swanst. 345, note; 1 P. 

RENT. 115 

(4) Where Rent is payable, 
IS no other place is appointed by agreement, rent Where there 
must be paid upon the land demised (<); but if the agreement 
tenant has expressly covenanted to pay rent, it is his 
duty to seek out the person to whom the rent is to be 
paid, and to pay it, or tender it to him, on the appointed 
day (u). If the sovereign makes a lease for years ren- On lease by 
dering rent, without appointing any place for payment, 
the lessee may pay the rent either at the exchequer or 
to the bailiffs or receivers authorized by the sovereign 
to receive it {t). 

(5) To whom Rent is par/able. 

A tender to an agent authorized to receive payment l. Agents. 
is as good as a tender to the landlord in person (x). 
The landlord's wife, who has acted as his agent on 
similar occasions before, when her authority was ac- 
knowledged, retains such authority till it is counter- 
manded (y). A clause in a lease by deed, whereby the • 
landlord agrees that K. is to receive all rent from the 
tenant at aU times when it becomes due during the 
term, and his receipt is to be a full and sufficient dis- 
charge from aU liability, has been interpreted as a bare 
authority to receive the rent, and therefore revocable 
by the landlord (z). 

A tenant under a lease made by a mortgagor before 2. Mortgagor, 
the mortgage may without prejudice pay rent to the 
mortgagor until he has notice of the mortgage from the 

(t) Borovgliei" Case, 4 Co. B., Roscoe's Evidence, 408 (11th ed.). 

at p. 73 a. (y) Browne t. Powell, 4 Bing. 

(«) Haldane t. JoA««>»,8Ex. 230, 232. See Bodd v. Acklom, 

689, 695 ; 22 L. J., Ex. 264. CM. & Gr. 672; 13 L. J., C. P. 11. 

(a?) Ooodland v. Blewitt, 1 (z) Venning v. Bray, 2 B. & S. 

Camp. 477, 478. See post, p. 1G6 ; 502 ; 31 L, J., Q. B, 181. 




mortgagee (a). After the mortgagee has given such 
notice he is entitled to and may distrain for all rent in 
arrear and not previously paid to the mortgagor, as 
well as all rent accruing afterwards (ij. A tenant 
who comes into possession under a demise fi-om a mort- 
gagor, after a mortgage executed by him, may consider 
the mortgagor as his landlord so long as the mortgagee 
allows the mortgagor to receive the rents (c). But 
after notice of the mortgage and a demand of payment 
by the mortgagee, the tenant is justified in paying to the 
mortgagee all rent due since the mortgage, not already 
paid to the mortgagor, and all rent subsequently accru- 
ing due (<f ). The mere fact of the mortgagee's having 
given notice to the tenant to pay rent to him, not ac- 
companied by actual payment, is, however, no defence 
to an action or distress for rent by the mortgagor (c). 

8. Joint 

4. Tenants in 

Upon a lease by several joint tenants, one of them 
may recover the whole rent and give a discharge for 
it (y). Upon a lease by tenants in common, the sur- 
vivor may sue for the whole rent, although the reser- 
vation is to the lessors according to their respective 
interests {g). But if a lessee holding under two tenants 
in common pays the whole rent to one aft«r notice 

(o) Stat. 4 Anne, c 16, s. 10; 
pogt, p. 117 ; Trent v. Hunt, 9 
Ex. 14, 23; 22 L. J., Ex. 318. 

(J) Mois V. Oallimore, 1 Dongl. 
279 ; Rogers v. Humphreys, 4 A. 
& E. 299 ; Burrows v. Gradin, 1 
D. & L. 213; 12 L. J., Q. B. 333. 
See Whitmore v. Walker, 2 C. & 

(jo) Per Bayley, J., in Pope v. 
Biggs, 9 B. & C, at p. 251. 

(rf) Pope T. Biggs, 9 B. & C. 
245 ; Johnson v. Jones, 9 A. & E. 

809; Waddilove v. Barnett, 2 
Bing., N. C. 538. But see ^J- 
chorne r. Gomme, 2 Bing. 54. 

(e) mieeler v. Branscombe, 5 
Q. B. 3t3; 13 L. J., Q. B. 83; 
Wilton V. Dunn, 17 Q. B. 294 ; 
21 L. J., Q. B. 60. See Hickman 
V. Machin, 4 H. & N. 716 ; 28 L. 
J., Ex. 310. 

(/) Robinson v. Hoffman, 4 
Bing. 562, 565. 

(^) Wallace \. M'Laren, 1 
Man. & Ry. 616. See ante, p. 88. 

RENT. 117 

from the other not to pay it, the tenant in common who 
gave the notice may distrain for his share (A). 

All grants of any manors or rents, or of the reversion 5. Assignee 
• J /. 1 1 1 n 1 1 of reversion, 

or remamder oi any messuages or lands, shall be good 

and effectual to aU intents and piu^oses, without any c. 16, s. 9. 

attornment of the tenants of any such manors or of the Conveyances 

•' _ _ to be good 

land out of which such rent shall be issuing, or of the without at- 
1 . , 1 , • 1 tomment of 

particular tenants upon whose particular estates any tenants. 

such reversions or remainders shall be expectant or 

depending, as if their attornment had been made. 

But no such tenant shall be prejudiced or damaged Sect. 10. 

by payment of any rent to any such grantor, or by ^enant not to 

breach of any condition for non-payment of rent, before by payment of 
1 n 1 • 1 • /» 1 rent to grantor 

notice shall be given to mm oi such grant by the before notice. 

Payment of rent to a person not entitled to it, with Payment of 
,, . -I r 1 1 • /• ,1 rent to person 

the acquiescence, under a lalse apprehension, oi the not entitled to 

person really entitled, wiU not exonerate the tenant ^** 

from the duty of paying it to the latter (i). Rent paid 

by mistake, in ignorance of the death of a person 

for whose life the premises are held, may be recovered 

back (A). 

(6) Amount of Bent payable. 
Where there is a written agreement between landlord Parol agree- 
and tenant, that for certain premises the tenant shall duction of rent 
pay 170/. a-year, and afterwards an arrangement is 
made by parol that 30/. a-year shall be allowed out of 

(A) Harrison v. Barnby, 6 T. 1 B. & P. 326. 

R. 246. See PowU v. Smith, 5 B. (A) Barber v. Brown, 1 C. B., 

& A. 850. N. S. 121 ; 26 L. J., C. P. 41. 

(i) WilliamM v. Bartholomew, 



the rent, because the landlord is to occupy a certain part 
for a time, such arrangement does not vary the agree- 
ment so as to reduce the rent payable under it (/); and, 
notwithstanding the tenant has paid rent at the reduced 
rate, the original rent will continue to be the rent pay- 
able for the premises (m). 
Increased rent An additional rent is frequently reserved in case the 
tenant violates the provisions of hia lease; as, for in- 
stance, a yearly rent for every acre of land above a 
certain quantity which he ploughs up or converts into 
tillage. A sum thus reserved is not deemed a penalty, 
but a liquidated satisfaction fixed and agreed upon by 
the parties (re). Coiui^s of equity will not relieve the 
lessee from payment of these sums (o), or restrain him 
by injunction from committing the acts upon which 
such sums become payable ; for the parties themselves 
are considered as having agreed to the damage (/?). 
Sums thus reserved, afler they have once become pay- 
able, are payable as rent annually during the residue 
of the term (q). 

General mle 
as to set-off 
against rent. 

A tenant cannot, in general, set off against the rent 
sums due to him from his landlord, or payments made 
on behalf of his landlord, imless there is a special agree- 
ment to that effect; for although the sum due to the 

(0 Silton Y. Goodhind, 2 C, 
& P. 591. 

(m) See Crowley v. Vttty, 7 Ex. 
819 ; 21 L. J,, Ex. 135. 

(») Rolfe V. Peterton, 2 Bro. 
P. C. 436 ; Farrant t. Olmivs, 3 
B.&A.692. See.7i>7i^«v. Green, 
8 Y. & J. 298 ; Benton v. Mieft- 
mond, 1 Cr. & M. 784, 742. 

(o) Rolfe \. Peterson, 2 Bro. 
P. C. 436. 

ip) Woodward v. Chfle», 2 
Vem. 119 ; jadgment in Aylet v. 
Dodd, 2 Atk., at p. 239 ; judgment 
in Bemon y. Gibton, 3 Atk., at 
p. 396. See Legh y. Lillie, 6 II. 
& N. 165, 169 ; 30 L. J., Ex. 25. 

(q) Farrant y. Olmius, 3 B. & 
A. 692 ; Birch v. Stephenson^ 3 
Tannt., at p. 478; Bowers t. 
Nixon, 13 Jur. 334 ; 12 Q. B., at 
p. 568. 

RENT. 119 

tenant maj be of greater amount than the rent, yet if 
the rent is not paid the landlord may distrain for it (r). 

A tenant cannot obtain an injunction in equity against 
his landlord to restrain proceedings upon a replevin 
bond on the ground of set-off against the rent distrained 
for (5). 

If, however, the landlord, instead of distraining, sues 
for rent, the defendant may plead a set-off (^). But in 
an action of covenant for rent the defendant cannot set 
off any uncertain damages that he may be entitled to 
recover against the landlord on any of the covenants in 
the lease {u). 

The following payments may be deducted by the Deductions 
tenant from his rent: — Sums paid by the tenant for the made from 
landlord's share of property tax (ar) during the half- '^^°*" 
year immediately preceding the rent-day (y). This tax. 
deduction may be made although the tenant has cove- 
nanted or agreed to pay the rent in fuft without any 
deduction for property tax (2). As soon as the tenant 
has paid the property tax, it is in effect a payment by 
him of so much of the next rent due to his landlord (a). 
But the deduction must be made from the next pay- 

(r) Absolom v. Knight, Bull. 488. See Goner v. Hunt, 1 

N. P. 181 ; 2 Barnes, 356 ; Lay- Barnes, 203. 

cock V. Tuffnell, 2 Chit. 531; (ar) See Galell v. Shevell, 5 

judgment of Park, J., in Andrem Tannt. 81. 

V. Hancock, 1 B. & B., at p. 46 ; (y) See Franklin v. Carter, 1 

Willton T. Da/venport, 5 C. & P. C. B. 750 ; 14 L. J., C. P. 241. 

631. (2) Stat. 5 & 6 Vict. c. 85, a. 

(«) Pratt V. Keith, 33 L. J., 103; Fuller v. Abbot, 4 Tannt. 

Ch.528. SeeTownromv.Beason, 105; Tinckler v. Prentice, 4 

3 Madd. 203. Taunt. 649. See post. Sect. 9 of 

(<) State. 2 Geo. 2, c. 22, s. 13 ; this Chapter, p. 225. 

8 Geo. 2, c. 24, ss. 4, 5. See (a) See per Abbott, J., in i3e»Jy 

Roscoe's Evidence, 415 (11th ed.). v. Moore, 1 B. & A., at p. 129. 

(m) Weigall v. Waters, 6 T. R. 


ment of rent, or the amount cannot afterwards be re- 
covered at law (i). It is only on the production of a 
certificate of the tax being paid that the landlord is 
bound to make the allowance (c). A succeeding occu- 
pier may tender in part payment of his rent a receipt 
for property tax which has become due since the last 
payment of rent, and has been paid by the former 
occupier (rf). 

2. Land tax. Sums paid by the tenant for the landlord's propor- 

tion of the land tax {e) ; provided there is no agreement 
to the contrary. A payment of land tax can only be 
deducted from the rent which has then accrued, or is 
then accruing due ; for the law considers the payment 
of the land tax as a payment of so much of the rent 
then due, or grovsdng due, to the landlord ; and if after- 
wards the tenant pays the rent in fiill, he cannot at a 
subsequent time deduct that overpayment from the 

3. Sewers rate. Sums paid by the tenant for the landlord's proportion 

4. Tithorent- of a sewers rate(y); also rent-charge in lieu of tithes 
paid by the tenant (h) ; unless the tenant has expressly 
agreed to pay the rate or rent-charge. These deduc- 

(b) Denby v. Moore, 1 B. & A. v. Partoru, 3 B. & A., at p. 520; 
123 ; Cumming v. Bcdborough, Andrew v. Hancock, 1 B. & B. 
15 M, & W. 438. 37 ; Saunderson v. Hanson, 3 C. 

(<j) Pocock V. Eustace, 2 Camp. & P. 314; see Bramston v. Bobint, 

181; Baker v. Davis, 3 Camp. 4 Bing. 11; Waller v. Andrews, 

474. 3 M. & W. 312 ; post, p. 122. 

(<0 Clennel v. Read, 7 Taunt. {g) Stat. 24 & 25 Vict c. 133, 

60. B. 38 ; Smith y. Humble, 15 C. B. 

(c) See jadgmentof Bayley, J., 321. 
in Stubbs v. Parsons, 3 B. & A. (A) See stat. 6 & 7 Will. 4, c. 
519; Whitfield V. Brandwood, 2 71, s.70; 6h'iffenhoo/e v. Baubuz, 
Stark. 440 ; Hyde v. Hill, 3 T. R. 4 E. & B. 230 ; 5 E. & B. 746 ; 
377; Stat. 38 Geo. 3, c. 5, s. 17. 25 L. J., Q. B. 237. 

(/) Per Bayley, J., in Stubbs 


RENT. 121 

tions must be made from the next payment of the 
rent (i). 

Compulsory payments made by an under-tenant of 6. Rent due to 
arrears of rent due from the original tenant to the i*OTd!"* 
original landlord, for which the goods of the under- 
tenant are liable to be distrained (A). A payment of 
such rent by the occupier, in default of the original 
tenant, is not the less a compulsory payment, because 
the original landlord on demanding it allows the occu- 
pier time to pay (/). To make the payment com- 
pulsory, it is not essential that the original landlord 
should have threatened to distrain upon the occupier ; 
"it is enough that he has demanded payment, for a 
demand by one who has the power to distrain is treated 
as equivalent to a threat of distress (w). A payment 
under such circumstances is no more voluntary than a 
donation to a beggar who presents a pistol (w). 

Rent growing due may be discharged by such pay- 
ments as well as rent actually due (I). 

If premises are liable to a distress, the tenant has a 6. Other com- 
right to pay the charge to which they are liable, and to ments. 
deduct from his rent the sum so paid (o). Payment 
by a tenant of an annuity or a legacy secured by 
power of distress (p) ; or of interest due on a mortgage 
made before the commencement of the tenancy (g), is 
considered as equivalent to payment of so much rent to 

(i) See Andrew v. Hancock, 1 (w) Per Best, C. J., in Carter 

B. & B. 37 ; Saunderson v. Han- v. Carter^ 5 Bing., at p. 409. 

son, 3 C. & P. 314. (o) Per Burrough, J., in Taylor 

(A) Saps/ord v. Fletcher, 4 T. v. Zamira, 6 Taunt., at p. 529. 

R. 511 ; Carter v. Carter, 5 Bing. ip) Taylor v. Zamira, 6 Taunt. 

406 ; Sturgess v. Farrington, 4 524 ; Whitmore v. Walker, 2 C. 

Taunt. 614. & K. 615. 

(Z) Carter v. Carter, 5 Bing. (q) Johnson v. Jones, 9 A. & 

406. E. 809, 814 ; Dyer v. Borvley, 2 

(to) Smith, L. & T. 171. Bing. 94. 



the landlord. But in order to operate as a deduction 
from rent, the money must have been actually paid(r); 
and it would seem that the payment must have been 
preceded by a demand, accompanied by a threat, in 
case of non-payment, to distrain, or to eject, or to "put 
the law in force" (5). The payment, moreover, must be 
made either to relieve the tenant of an incumbrance 
on the land, or to discharge a debt due by the landlord (<). 
A deduction permitted, for several years, by mistake 
by the landlord or his agent, the landlord having the 
means of knowing all the facts, and there being no 
fraud or misrepresentation on the part of the tenant, 
will operate as a payment of so much rent, and the 
landlord cannot afterwards distrain for simis so de- 
ducted, or recover them by action as arrears of rent(M). 

of express 
covenants as to 
amount of rent. 

Covenant to -pay as rent '* one-third part of the 
money that shall arise, be made, received, or 
produced from the sale of coals," also to " keep 
true accounts of all coal daily raised, and de- 
liver true copies thereof" The rent is to be 
calculated on the amount of coal sold, not on the 
amount of money actually received (x). 

Covenant to deliver quarterly to the lessor two 
equal thirteenth parts of all coal raised, or pay 
him quarterly the value thereof in money ; and 
that in case at the end of the first quarter of any 

(r) Ante, pp. 116, 120, note (c). 
See Ryan v. Thompson, 37 L. J., 
C. P. 134; L. R., 3 C. P. 144. 

(«) Whitmore v. Walker, 2 C. 
& K. 615 ; Taylor v. Zamira, 6 
Taant. 524. Bat see ante, p. 121. 

{t) See judgment of Cresswell, 
J., in Boodle t. Cambell, 13 L. 

J., C. P., at p. 145; 7 M. & Gr. 
386 i Graham v. AlUopp, 3 Ex. 
186; 18 L. J., Ex. 85. 

(«) Bramston v. Robing, 4 
Bing. 11; Waller v. Andrew*, 3 
M. & W. 312. 

(a?) Edwardi v. Reet, 7 C. & 
P. 340, 341. 

RENT. 123 

year such quarterly deliveries should not have 
equalled in value or amount 38/. 10*. the lessees 
should also pay at the end of any such past 
quarter such additional rent or sum as would 
make up 38/. IO5., with similar provisions for 
the payment of such further sums as would 
make up at the end of the second quarter 751., 
at the end of the third quarter 111/. 10s., and 
at the end of the fourth quarter 150/., " it being 
the intent and meaning of the parties that the 
royalties reserved shall always amount to 150/. 
per annum at the least.^'' The rent is to be 
made up every quarter, and the landlord is not 
to have less than 150/. a year. If the royalty in 
any quarter falls short of 38/. 10*. it must be 
made up to that sum ; but, if the royalty in any 
quarter exceeds that s»m, the surplus is not to 
be given back to the lessees {y). 

Covenant to raise 13,000 tons of coal in each year 
and pay 8d. per ton royalty for the same, or to 
pay that amount of money, viz. 433/. 6*. 8c?., 
each year as a fixed rent, whether the coals are 
wrought or not. The covenant does not carry 
with it, by implication, a condition that there 
shall be coals to the amount mentioned in it 
capable of being wrought ; and the whole rent 
claimed is payable, although the mine is so ex- 
hausted that the lessee cannot raise 13,000 tons 
of coal in a year(z). 

Covenant by lessee of a coal mine to pay one-half of 

(y) BUhop V. Ooodmin, 14 M. & W. 487 ; 14 L. J., Ex. 95. 

Ic W. 260, 263, 264 ; 14 L. J., Ex. See Jervis t. Tomkinnon, 1 H. & 

290. N. 195 ; 26 L. J., Ex. 41 ; Hidg- 

(z) Bute V. Thompson, 13 M. may y. Sneyd, 1 Kay, 627. 


all such sums of money as the cannel to be got 
should sell for at the pi€s mouth over and above 
Ad. the basket. The lessee is not liable to pay 
to the lessor any part of the money produced 
by the sale of coals elsewhere than at the pit's 
mouth (a). 
Agreement that lessee shall spend a specified sum, 
in repairs, to be inspected and approved of by 
the lessor, and to be done in a substantial man- 
ner ; the lessee to be allowed to retain the sum 
out of the first yearns rent of the premises. The 
lessor's approval is not a condition precedent to 
the lessee's retaining the rent {b). 

Premises de- If the demised premises are destroyed or rendered 
&c. ' uninhabitable by fire, the fidl rent wiU nevertheless, in 

the absence of an express stipulation to the contrary, 
continue to be payable throughout the term granted by 
the lease (c), although the landlord has received in- 
surance money which he refuses to apply in rebuild- 
ing {d). The Court of Chancery will not, under these 
circumstances, grant an injunction to restrain the land- 
lord from suing for the rent (e). Where an agreement 
for a lease, under the terms of which a person has 
become tenant from year to year, provides that the lease 
shall contain covenants on the part of the tenant to pay 

(a) Oerrard v. Clifton, 7 T. Hare v. Orovet, 3 Anstr. 687. 

R. 676 ; 1 B. & P. 524; aifton See Packer v. Gibbins, 1 Q. B. 

V. Walmegley, 5 T. R. 564. 421. 

(J) Dallman v. King, 4 Bing. (rf) Leeds t. Cheetham, 1 Sim. 

N. C. 106. 146 ; Lofft v. Dennis, 1 E. & E. 

(c) Baker v. Holtpzaffel, 4 474 ; 28 L. J., Q. B. 168. 

Tamit. 45; Ixon t. Gorton, 5 (<?) Holtzapffel t. Baker, 18 

BiDg. N. C. 501 ; 7 Scott, 537 
Monk V. Cooper, 2 Stra. 763 
Belfour v. Weston, 1 T. R. 310 

Ves. 116; Leeds v. Cheetham, 1 
Sim. 146. 

RENT. 125 

rent, damage by fire excepted, and that until the lease 
shall be granted the lessor may distrain for all or any 
part of the rent agreed to be paid, the effect of the de- 
struction by fire of any part of the premises will be to 
entitle the tenant to a deduction firom the rent according 
to the proportion which the annual value of the destroyed 
part bears to the annual value of the whole ; taking the 
whole to be the premises as originally demised, not as 
improved by subsequent additions made by the te- 
nant (/). 

On the same principle the tenant of a building is liable 
to pay rent after it has been carried away by a flood (^) 
or occupied by an alien enemy (A) ; and the tenant of land 
must also pay rent, though the land is covered with water 
by an inundation (i). 

If a person contracts for the use and occupation of land Premises rmfit 
for a specified time and at a specified rent, he is bound tation. 
by his bargain, though the land may not answer the pur- 
pose for which he took it. If, for instance, the land 
should turn out to be wet, or the grass, from any reason, 
should prove to be deleterious to cattle, that would be 
no excuse for not paying the lessor's vent (J). So also, 
in the absence of fi-aud, the tenant is not exonerated fi'om 
payment of rent though a dwelling-house taken by him 
for immediate occupation is unfit for habitation (A). 

It is no defence to an action for rent that the land- Non-repair by 
lord is under an implied contract to repair the demised *° 

(/) Bennet t. Ireland, E. B. (i) 1 Roll. Abr. 236 (C.) 

& E. 326; 28 L. J., Q. B. 48. (j) Per Lord Abinger, C. B., in 

(^) Carter v. Cummins, cited Sutton v. Temple, 13 L. J., Ex., 

in Harrison y. North, 1 Ch. Cas., at p. 22 ; 12 M. & W., at p. 62. 

at p. 84. (A) Hart v. Windsor, 12 M. & 

(A) Paradine v. Jane, Aleyn, W. 68; 13 L. J., Ex. 129. See 

26 ; see Harrison v. NoHh, 1 Ch. post. Sect. 4 (1). 
Cas. 83. 



Eviction by 

premises, and that by his neglect they have become 
useless to the tenant (/). 

An eviction of the tenant by the landlord will con- 
stitute a defence to an action for rent (m) ; but the de- 
fendant is bound to show that the eviction took place 
before the rent became due(w). An eviction of the 
tenant by the landlord from part of the demised pre- 
mises operates as a suspension of the entire rent during 
the continuance of the eviction (o). 

In regpect of 

1. On grant or 
devise of part 
of reversion. 

2. On sever- 
ance of rever- 
sion on death 
of lessor intes- 

3. On tenant's 
losing posses- 
sion of part of 

(7) Apportionment of Rent. 

Rent is apportionable in the following cases : — Where 
the lessor has granted {p) or devised (</) part of the 
reversion to the lessee or a stranger; where, in the 
case of a lease including both freehold and leasehold 
premises, upon the death of the lessor intestate the re- 
version in the demised premises is divided by operation 
of law between his real and personal representatives (r) ; 
where the reversion descends to coparceners, and a 
partition is made between them {q)', where the lessee 
has surrendered part of the demised premises to the 
lessor (s), or has been la^vfully evicted from part of the 
demised premises by a person having a title paramount 
to that of the lessor (<); or where the lessor has entered 

(Z) Surplice r. Ibmnvorth, 7 
M. & Gr. 576 ; 13 L. J., C. P. 215. 

(to) See post, p. 230. 

(n) See Boodle v. Cambell, 7 
M. & Gr. 386 ; 18 L. J., C. P. 142. 

(o) Morrison v. Chadwick, 7 
C. B. 266; 18 L. J., C. P. 189. 

(p) Co. Lit. 148 a ; Lit. s. 222 ; 
Collins and Harding's Case, IS 
Co. R. 57. 

(j) See Ihver v. Moyle, Cro. 

Eliz. 771. 

(r) Moodie v. Qamance, 3 
Bnlstr. 153. 

(«) Co. Lit. 148 a ; perPopham, 
J., in Smith v. Malings, Cro. Jac 

(<) See Stevenson v. Lombard, 
2 East, 575 ; Doe v. Meylor, 2 M. 
& S. 276 ; Tomlinson v. Day, 2 
B. & B. 680 ; Co. Lit. 148 b. 

RENT. 127 

upon part of the demised premises upon a forfeiture 
under a special condition for re-entry into part(M). 
But where a lessee under a parol lease of one hundred 
acres of land accepted the lease and entered upon the 
land, but upon his entry found eight acres in the pos- 
session of a person entitled imder a prior lease from the 
lessor for a term exceeding the duration of the later 
lease, and that person kept possession of the eight acres 
until half-a-year's rent became due, and excluded the 
lessee from the enjoyment during that period, the lessee 
continuing in possession of the remainder; it was held, 
that the latter demise was wholly void as to the eight 
acres ; that the rent was not apportionable, and that the 
lessor was not entitled to distrain for the whole rent or 
any part of it (a:). 

All rents (y) (whether reserved under an instnunent Apportion- 

, • \ 1 n 1 M • i merit in re- 

in writing or otherwise) shall, like mterest on money gpect of time. 

lent, be considered as accruing from day to day, and Stat. 33 & 34 

shall be apportionable in respect of time accordingly. 

The apportioned part of any such rent shall be pay- Sect. 3. 

able or recoverable in the case of a continuing rent Apportioned 

^ part to be pay- 

when the entire portion of which such apportioned part able at time 
shall form part shaU become due and payable, and not portion is pay- 
before; and in the case of a rent determined by re-entry, * ®' 
death or otherwise, when the next entire portion of the 
sai^ would have been payable if the same had not so 
determined, and not before. 

All persons and their respective heirs, executors. Sect 4. 
administrators and assigns, and also the executors, ad- j *™® remedies 


(m) Walker's Case, 3 Co. R., at (y) Including rent service, rent- 

p. 22 a ; Collins and Harding's charge and rent seek, and also 

Case, 13 Co. R., at p. 58. tithes and all periodical payments 

(a? ) Neale v. Mackenzie, 1 M. or renderings in lieu of or in the 

& W. 747. See 2 Or. M. & R. 84. nature of rent or tithe. Sect. 5. 


apportioned ministrators and assigns respectively of persons whose 
cnSre^rtion. interests determine with their own deaths, shall have 
the same remedies at law and in equity for recover- 
ing such apportioned parts as aforesaid when payable 
(allowing proportionate parts of all just allowances) 
as they respectively would have had for recovering 
such entire portions as aforesaid if entitled thereto re- 
But lessee not spectively ; provided that persons liable to pay rents 
to for Mvment reserved out of or charged on lands or other heredita- 

of apportioned ments of any tenure, and the same lands or other here- 

part specm- _ '' 

cally. ditaments shall not be resorted to for any such appor- 

tioned part forming part of an entire or continuing rent 
as aforesaid specifically, but the entire or continuing 
rent, including such apportioned part, shall be recovered 
and received by the heir or other person who, if the 
rent had not been apportionable under this act or 
otherwise, would have been entitled to such entire or 
continuing rent, and such apportioned part shall be re- 
coverable fi-om such heir or other person by the execu- 
tors or other parties entitled imder this act to the same 
by action at law or suit in equity. 

Sect. 7. The provisions df this act shall not extend to any 

Act not to case ijj which it is or shall be expressly stipulated that 
operate where _ i: j z 

apportionment no apportionment shall take place, 
expressly nega- 

How appor- Apportionment may be made by the lessor, vrith the 

be made. ™*^ consent of the lessee, or by the verdict of a jury in an 

action of debt brought by a reversioner for the rent (z). 

(8) Payment of Rent. 

Bill or note. A bill of exchange, or promissory note, given by 

a tenant to his landlord for rent in arrear, will not, 

(«) BlU* y. Collint, 5 B. & A. 876. 

RENT. 129 

until payment is actually made, operate as a satisfaction 

of the rent, or take away, or even postpone, the right 

of the landlord to distrain, or to avail himself of his 

other remedies for recovering the rent, unless there is a 

distinct agreement to that effect (a). An agreement by Agreement to 

the landlord to accept interest on rent in arrear does ^ ^"^ ^^^ ' 

not postpone the right of distress (b). 

If a landlord has directed his tenant to remit his rent Remittance, 
by post, or perhaps if rent is so remitted in the usual 
way of transacting business of this nature between the 
parties, the money is remitted at the peril of the land- 
lord (c) ; provided the tenant has used due caution in 
delivering the letter at a post office {d), 

(9) Effect of Payment of Rent. 

Payment of rent raises a presumption that the party As evidence of 
receiving it has a good title to the rent; but if made 
to a person from whom the tenant did not originally 
receive possession of the demised premises, the pre- 
sumption may be rebutted (e). Hence, a tenant who 
has come into possession under a former owner, and 
has paid, or agreed to pay, rent to a person who 
claims to be succeeding owner, in ignorance of a defect 
in the title of such person, may show that he is not 

(a) Davis v. Gyde, 2 A. & E. {d) Hawkins v. Rutt, Peake, 

623 ; Harris v. Shipway, Bull. N. P. C. 186. 
N, P. 182; Drake v. Mitchell, 3 (e) Judgment of Gibbs, C. J., 

East, 251. See Parrot v. Avr- in Rogers v. Pitcher, 6 Taunt., at 

derson, 7 Ex. 93, 95; 21 L. J., p. 208; Cornish v. Searell, 8 B. 

Ex. 291, & C. 471 ; Doe v. Clarke, Peake's 

{b) Skerry y. Preston, 2 Chit. Add. Cas. 239; Cox v. Knight, 

245. 18 C. B. 645; 25 L. J., C. P. 

(f) Warwicke v. Noakes, 314. 
Peake, N. P. C. 67. 

F. K 


the landlord (t/). Payment of rent by a lessee to a 
lessor after the lessor's title has expired, and aft«r 
the lessee has notice of an adverse claim, does not 
amount to an acknowledgment of title in the lessor, 
or to a virtual attornment, unless at the time of pay- 
ment the lessee knows the precise nature of the ad- 
verse claim, or the manner in which the lessor's title 
has expired (A). Before the lessee can be bound by 
such payment, the lessor must say openly, " My former 
title is at an end ; will you, notmthstanding, go on?"(z). 
Payment of rent by a tenant to an authorized agent, 
who does not disclose his principal's name at the time, 
but pays over the rent to his principal, is evidence as 
against the tenant of the principal's title, to support an 
avowry for rent (A). 

(10) Remedies Jor Recovery of Rent. 


(a) Distress 131 

1. Requisites to . . .. .. .. .. .. .. 131 

Certain and proper rent .. .. .. .. 131 

Kent in arrear . . . . . . . . . . . . 132 

Reversion in person distraining . . . . . . 132 

Goods liable to distress .. .. .. .• 137 

2. Where made.. .. .. .. .. .. .. 144 

3. Whenmade 149 

4. Amount for which made .. .. .. .. .. 151 

5. Mode of making .. .. .. .. .. .. 152 

Entry .. .. .. .. .. .. .. 154 

Seizure .. .. .. .. .. .. .. 156 

Impounding . . . . . . . . . . . . 158 

6. Requisites to sale . . . . . . . . . . . . 164 

Notice 164 

Appraisement .. .. .. .. .. .. 167 

7. Sale 169 

8. Costs of distress 173 

iff) Gregory v. Doidge, 3 Bing. Wilkinson, 3 B. & C. 413. 

474, 475 ; Claridge v. Mackenzie, (i) Judgment of Best, C. J., in 

4 M. & Gr. 143, 155. 2 Bing. U. 

(A) Fenner v. Duplock, 2 Bing. (A) Hitchings v. Thompson, 5 

10; 3 Bing. 475. But see Doe v. Ex. 50; 19 L. J., Ex. 146. 

RENT. 131 


(a) Distress — continned. 

9. Remedies for illegal distresses .. .. .. .. 175 

Rescue .. .. .. .. .. .. .. 175 

Replevin.. .. .. .. .. .. .. 176 

Action of trespass, &c. .. .. .. .. 178 

In Metropolitan Police Distiict . . . . . . 179 

10. Remedy for irregular distresses .. .. .. ..180 

(b) Remedy on Execvtion against Tenant . . .. .. ..181 

(c) Remedy on Bankj'^iptcy of Tenant .. .. .. .. 185 

(d) Remedy by Action . . . . . . . . . . . • 187 

1. Requisites to Distress. 

Unless a power to distrain is expressly conferred 
upon the landlord (/), the following circumstances must 
exist to enable him to avail himself of that remedy : — 

The rent for which the distress is made must be re- i, a certain 
served upon an actual and existing demise of a corporeal renj^'^*'^^ 
hereditament (m). No distress can be made for rent due 
under a mere agreement for a lease, or accruing after 
the expiration of a notice to quit, unless a tenancy has 
been expressly or impliedly created (m). Moreover, 
before a landlord takes into his hand the speedy 
remedy of distress, he must see that the amount of rent 
to be demanded has been settled with precision (n). 
He has no right to distrain, unless a fixed rent has 
been expressly or impliedly (o) agreed upon ; if there 
is no fixed rent, the law gives him a remedy by the 
action for use and occupation (p). A rent which, 
though of fluctuating amount, is ascertainable with cer- 
tainty, may be distrained for (5-); as, for instance, a 
rent of so much per cubic yard for marl got, and so 

(/) Post, p. 132. C. J., in Dnnk t. Hunter, 6 B. & 

(to) See ante, pp. 110 — 112. A., at p. 325. Double value can- 

(») Per Tindal, C. J., in Reg- not be recovered by distress, post, 

nart v. Porter, 7 Bing., at p. 454. Chap. VI., Sect. 5 (2). 

(0) See Knight v. Benett, 3 (q) Co. Lit. 96 a; Daniel v. 

Bing. 361. Oracle, 6 Q. B. 145; 13 L. J., Q. 

(p) See judgment of Abbott, B. 309. 




2. Rent in 

8. Reversion 
in person dis- 

much per thousand for bricks made (r). A distress may 
be made for an increased rent of so much per acre for 
every acre of land converted into tillage (5). 

By express agreement, however, a power may be 
conferred to distrain for payments which are not 
rent (t). Thus, a sum payable by way of punishment 
for not spending the produce on the land demised, may 
be made recoverable by distress in the same way as a 
distress is made for rent in arrear (/). 

There can be no distress till the rent is in arrear, 
and rent, though due on the day appointed for pay- 
ment, is not in arrear until that day has elapsed (u); 
hence, no distress can be made until the day after the 
rent-day (m). Where by custom or express reserva- 
tion rent is payable in advance (x), the landlord may 
distrain for it as soon as the half-year, or other period 
for which it is paid, has begun ( y ). The landlord, by 
taking a bill or note for the rent in arrear, or by accept- 
ing interest upon it, will not necessarily deprive himself 
of his right to distrain (z). 

In general, the person who distrains, or on whose 
behalf the distress is made, must possess a reversion (a) ; 
hence, rent reserved on the assignment of a lease cannot 
be distrained for (a). But the reversion, to support a 

(r) Daniel v. Grade, 6 Q. B. 
145 ; 13 L. J., Q. B. 309. 

(») See JRoulston v. Clarke, 2 
H. Bl. 563; ante, p. US. 

{t) Pollitt V. Forrest, 1 1 Q. B. 
949; 16 L. J., Q. B. 424. 

(w) Dibble V. Bowater, 2 E. & 
B. 564, 568 ; 22 L. J., Q. B. 396. 
See 2 Wms. Saund, 287. 

(j?) Ante, pp. 83, 112. 

(y) Buckley v. Taylor, 2 T.R. 
600 ; Harrison v. Barry, 7 Price, 

690, 698; Lee v. Smith, 9 Ex. 
662, 665. As to rent payable in 
advance if demanded, see Clarke 
V. Holford, 2 C. & K. 540; Wil- 
liams V. Holmes, 8 Ex. 861 ; 22 
L. J , Ex. 283 ; Witty v. Williams, 
12 W. R. 755 ; 10 L T., N. S. 
457; ante, p. 113, note (/). 

(2) Ante, p. 128. 

(a) See cases cited ante, in 
notes (a?), (y), p. 112. 

KENT. 133 

distress, need not be an actual reversion ; it is sufficient 
if it be a reversion by estoppel {b), and if a tenant is 
actually let into occupation, there is a reversion which he 
is estopped from denying (c). Hence, if a mortgagor, 
who has executed a second mortgage, has attorned to the 
second mortgagee, and occupied as tenant to him, a dis- 
tress may be made by such mortgagee, although he has no 
legal reversion (d). So also, a mortgagor may distrain 
for rent due under a lease made by him after the mort- Distress for 
gage(e); but he must bear in mind, that compulsory lease after 
payments previously made by his tenant to the mort- ™o"^g^«- 
gagee for interest due on the mortgage, are equivalent 
to payment of so much rent(y). The mortgagee can- 
not distrain for rent due under a lease made by the 
mortgagor after the mortgage, until a new tenancy has 
been expressly or impliedly created between the mort- 
gagee and the tenant ( y). Notice by the mortgagee to 
the tenant to pay the rent to him does not constitute a 
tenancy between the parties, so as to enable the mort- 
gagee to distrain for rent accruing due after the 
notice ( ff). 

After a mortgagee has given notice of the mortgage Distress for 
to the lessee in possession under a lease made before the igagg prior to 
mortgage, he is entitled to, and may distrain for, rent in nio^tgage. 
arrear at the time of the notice, and rent subsequently 
becoming due(^). A mortgagor cannot, strictly speak- " 

(b) See ante, p. 42. (/) Ante, p. 12]. 

(c) Judgment of Blackburn, J , (g) Evans v. Elliott, 9 A. & E. 
in Morton v. Woods, 37 L. J., Q. 342 ; Rogers y. Humphreys, 4 A. 
B., at p. 248. ' & E. 299 ; ante, p. 41. 

(rf) Morton \. Woods, ^1 l^.S., {h) Mossy. Gallimore,\J)o\xg\. 

Q. B. 242; L. R., 3 Q. B. 658. 279; Rogers v. Humj)hreys, 4 A. 

Aff. 38 L. J., Q. B. 81 ; L. R., 4 & E. 299; Burrows y. Gradin, 1 

Q.B.293. D. & L. 213; 12L.J., Q.B.333; 

(c) Alohome v. Gomme, 2 Bing. ante, p. 116. 



ing, distrain for rent due under a lease made before the 
mortgage ; but if permitted by the mortgagee to con- 
tinue in the receipt of such rent, he is during such 
permission, prcesumptione juris authorized, if it should 
become necessary, to realize the rent by distress, and 
to distrain for it in the mortgagee's name, and as his 
bailiff. He may justify the distress as bailiff, although 
he said at the time of taking, that he distrained for rent 
due to himself ( I ). 

Receiver. A receiver appointed by mortgagor and mortgagee 

to receive the rents of the mortgaged property, and to 
use such remedies by way of entry and distress as should 
be requisite, and to whom the mortgagor has attorned 
as tenant, may distrain on the goods belonging to the 
mortgagor on the mortgaged premises (Jt). 

An authority to tenants to pay rent to a person, 
nrhose receipt is to be their discharge, may perhaps 
authorize that person to demand, but not to distrain 
for the rent (/). 

Receivers appointed by the Court of Chancery have 
a power, where they see it necessary, to distrain for 
rent, and need not apply first to the Court for a par- 
ticular order for that purpose (m). But if there should 
be any doubt as to who has a legal right to the rent, 
then the receiver, as he must distrain in the name of 
the person who has that right, may very properly make 
an application to the Court for an order (w). 

Distress for If any man shall have, in the right of his wife, any 

(i) Trent t. Hunt, Ex. 14, 
24; 22L. J., Ex. 318. 

(A) Jolly y.Arbvthnot,\T>%G. 
& J. 224 ; 28 L. J., Ch. 547. See 
Dancer v. Hastinffg, 4 Bing. 2. 

{I) Ward V. Shew, 9 Bing. 608. 

(m) Per Lord Hardwicke in 
IHtt v. Snonden, 3 Atk. 750; 
Bennett v. Jlobins, 5 C. & P. 379; 
Brandon v. Brandon, 6 Madd. 

RENT. 13^ 

estate in fee simple, fee tail, or for term of life in any arrears of rent 

rents, and the same rents shall be due, behind and holds,^^ ^^' 

unpaid in the said wife's life, the husband, after the Stat. 32 Hen. 8, 

death of his wife, may distrain for the said arrearages, linsband may 

in like manner as he mierht have done if his said wife '''«t"*'° ^°^ 
"^ arrears due 

had been then living. during wife's 

Under this statute the husband may distrain for all 

arrears of rent which have become due either before the 

marriage or during its continuance (n). If he becomes 

tenant by the curtesy, he may distrain for rent due after 

the coverture ; and it has been said that a man who has 

made a lease for years rendering rent of lands of which 

he is seised in right of his wife, although on her death 

he does not become tenant by the curtesy, but his estate 

is determined, may nevertheless distrain for the rent 

until her heir has entered (o). 

It shall be lawfiil to every executor or administrator Executors and 

/. /. .•!• '^i'l r I'l* / \ r ± administrators. 

01 any (tenant in lee, in iee tail or tor me {p)ot rents g. qoh n 8 

issuing out of freehold lands (y)), unto whom such c- 37, s. i. 

rent shall be due and not paid at the time of his death, ofTess^'who*'* 

to distrain for the arrearages of all such rents upon the ^^ leased for 

life may dis- 
lands charged with the payment of such rents, so long train. 

as the said lands continue in the possession of the tenant 

who ought to have paid the said rent, or any person 

claiming from the same tenant. 

It shall be lawfid for the executors or administrators Stat. 3 & i 

(w) OgneVs Case, 4 Co. K., at of Bayley, J., in Hill v. Saunders, 

p. 51 ; Co. Lit. 162 b, 351 b. 4 B. & C, at p. 535. 

(o) Bac. Abr. (C. 1), 17 ; Dixon (p) Co. Lit. 162 b ; Prescott v. 

T. Harrison, Vaugh. 46 ; Wood- Bovcher, 3 B. & Ad. 849 ; Jonet 

fall, L. & T. 228. See Iloive v. v. Jones, ib. 967. 

Scarrott, 4 H. & N. 723; 28 L. {q) Appleton v. Doily, YeVr. 

J., Ex. 325; but consider Blahe 135; 2 Williams on Exors. 836. 
V. Foster, 8 T. R. 487 ; judgment 



Will. 4, c. 42, 
B. 37. 

Exccators, &c. 
of landlord 
may distrain 
for rent dne 
in his life. 

Sect. 38. 
Arrears may 
be distrained 
for within six 
months after 
end of lease. 

Tenant from 
year to year. 

Tenant at will. 

Joint tenants. 

of any landlord to distrain upon the lands demised for 
any term, or at will, for the arrearages of rent due to 
such lessor or landlord in his lifetime, in like manner as 
such lessor or landlord might have done in his lifetime. 

Such arrearages may be distrained for after the end 
or determination of such term or lease at will, in the 
same manner as if such term or lease had not been 
ended or determined; pro\Tided that such distress be 
made within the space of six calendar months aft«r the 
determination of such term or lease, and during the 
continuance of the possession of the tenant from whom 
Buch arrears became due. 

An executor, before probate, may distrain for rent 
due to the testator («). 

A tenant from year to year, underletting from year 
to year, has a sufficient reversion to support a dis- 
tress (t). 

A right to distrain always exists in a tenancy at will 
where a rent is reserved {u). 

One of several joint tenants or coparceners may dis- 
train for the whole rent without any express authority 
from the rest (x) ; but he must avow in his own right 
and as bailiflf to the rest {x). 

After a severance of the reversion by a conveyance 
of the shares of some of several joint tenants who have 
demised at a single rent, no distress can be made for 
arrears of such rent due before the severance (y). 

(«) Whitehead v. Taylor, 10 Q. B. 247. 

A. & E. 210; 1 Williams on 
Exors. 256. 

(f) CSirtU V. Wheeler, Moo. 
& M. 493. See Oxley v. Jamet, 
13 M. & W. 209; 13 L. J., Ex. 
368, 360. 

(«) Per Blackburn, J., 37 L. J., 

(ar) Pullen v. Palmer, 3 Salk. 
207 ; Leigh t. Shepherd, 2 B. & 
B. 465; Robifuon v. Hofman, 4 
Bing. 562. 

(y) Staveley t, Allcock, 16 Q. 
B. 636 ; 20 L. J., Q. B. 320. 

RENT. 137 

Tenants in common are entitled to separate distresses Tenants in 
for their several shares of the rent (z). It has been said 
that they may aU join in one distress (a) ; but in that 
case they must avow separately ( a). 

An instrument whereby a person acknowledges that Acknowledg- 
he is indebted to another as agent of his landlord, in a cedent tenancj. 
specified sum for arrears of rent, and pays a sum on 
account and in part of such rent, and undertakes to pay 
a specified sum per annum for the premises, is an ac- 
knowledgment of an antecedent tenancy, and shows an 
authority to distrain (b). An agreement for the sale of 
premises, under which the purchaser has entered into 
possession, and whereby for the purpose of securing the 
due performance of the several agreements therein con- 
tained, the purchaser admits himself to be a tenant fi-om 
week to week of the vendor of the hereditaments thereby 
agreed to be sold, at a specified weekly rent payable in 
advance, entitles the vendor to distrain for the sum 
payable as weekly rent (c). 

Generally speaking, the landlord may distrain for rent 4. Goods liable 
all moveable chattels which are upon the demised pre- trained, 
mises at the time when the distress is made. Whether Goods belong- >^ 
such goods are the property of the tenant or of a stranger persons, 
is perfectly immaterial, provided they are on the pre- " 

mises, and are not privileged from distress {d). 

It shall be lawful for any person having rent arrear, Stat. 2 Will. 

J J J • . • J & M. seas. 1, 

and due upon any demise, to seize and secure any (. 5^ § 3^ 

(z) Whitley y. EobertSiM'CM. (c) Yeoman v. Ellison, 36 L. 

& Y. 107. J., C. P. 326; L. R., 2 C. P. 681. 

{a) Bullen on Distress, 48; (<f) Per Bnller, J., in Oorton 

Woodfall, L. & T. 384. t. Falkner, 4 T. R., at p. 668. 

(b) Per Alderson, B., in Eagle- See Muspratt v. Gregory, 1 M. & 

ton V. GvUeridge, 12 L. J., Ex., W. 633 ; 3 M. & W. 677 ; Cramer 

atp. 361. SeeGladmanv.Plumer, v. Mott, 39 L. J., Q. B. 172; L. 

15 L. J., Q. B. 79. B., 5 Q. B. 357. 



Sheaves of 
com or hay 
may Iw dis- 

SUt. 11 Geo. 2, 
c. 19, 8. 8. 

Growing crops 
may be dis- 

sheaves or cocks of corn, or com loose, or in the straw, 
(whether threshed or not (e) ), or hay lying or being in 
any bam or granary, or upon any hovel, stack or rick, 
or othen^nse upon any part of the land or ground charged 
with such rent (/). 

It shall be lawful for every landlord, or his steward, 
bailiff, receiver or other person empowered by him, to 
seize as a distress for arrears of rent any cattle or stock 
of their respective tenant, feeding or depasturing upon 
any common, appendant or appurtenant, or any ways 
belonging to all or any part of the premises demised or 
holden ; and also to seize all sorts of com and grass, 
hops, roots, fruits, pulse or other product whatsoever 
(of a similar natiire {ff)) groAving on any part of the 
estates demised, as a distress for arrears of rent. 

Property ab- 
solutely privi- 
leged from 
1. Fixtures. 

The following kinds of property are not liable to 
distress: — 

" Things annexed to the freehold" (A); including 
tenant's fixtures, such as kitchen ranges, stoves, coppers, 
grates, &c. (t); also trees growing in a nurseryman's 
grounds (A). 

The temporary removal of fixtures oiit of their proper 
place, for repairs, does not deprive them of this pri\a- 
lege(Z). But machinery used for manufacture, which 
is merely fixed to the freehold for the purpose of render- 
ing it steadier and more capable of convenient use, — as. 

(<!) BeUuyte v. Burbridye, 
Lntw. 66. 

(/) See post, p. 159. 

(^) Clark y.GashaHh, 8 Taunt. 
431 ; Clark v. Calrert, 3 Moo. 96. 

(A) Simpsony . Hartopp,Vf'i\\ea, 
512 ; 1 Smith, L. C. 385 (6th ed.); 
Gorton t. Falkner, 4 T. R., at p. 

669 ; Co. Lit 47 b. 

(i) Darby v. Harris, 1 Q. B. 
895; 10 L. J., Q. B. 294. See 
post. Chap. VI. (1). 

(A) Clark T. Gaskarth, 8 Taunt. 
431 ; Clark v. Calvert, 3 Moo. 96. 

(1) See judgment in Gorton v. 
Falkner, 4 T. R., at p. 567. 

RENT. 139 

for instance, machines fastened by bolts to the floor of a 
factory — may be distrained for rent (m). In determin- 
ing whether the thing distrained is a personal chattel or 
a fixture, it is important to consider the mode and 
degree of annexation to the soil or fabric ; that is, 
whether it can easily be removed integre, salve, et com- 
mode, without injury to itself or to the fabric of the 
building ; and in the next place, whether it was for the 
permanent and substantial improvement of the freehold, 
or merely for a temporary purpose, and the more com- 
plete enjoyment and use of it as a chattel (w). Railways 
formed by rails, fixed to wooden sleepers embedded in 
ballast, cannot be distrained (o). 

Title deeds (/>) and keys(^). 2. Title-deeds, 

" Things delivered to a person exercising a public „ *^'p, , 
trade to be managed in the way of his trade" {q). to tenant to be 

Under this head are included com sent to a miller 
to be ground (r); materials sent to a manufacturer to 
be worked up {s) ; beasts sent to a butcher to be 
slaughtered (J) ; goods deposited for the purpose of sale 
with a factor (m), commission agent (ar) or auctioneer (y); 

(to) Hellarvell v. Eastmood, 6 Salk. 249. 

Ex. 295 ; 20 L. J., Ex. 154. See (r) Co. Lit. 47 a. 

Duck V. Braddyll, M'Clel. 217; («) Oibson y. Ireson, 3 Q. B. 

judgment in Turner v. Cameron, 39. See Wood v. Clarke, 1 Cr. & 

39 L. J., Q. B., at p. 131. J. 484. 

{n)'PcxVax\ie,'R.,m Hellamell (t) Bronn v. Shevill, 2 A. & 

V. Eagtn'ood, 6 Ex., at p. 312. See E. 138. 

39 L. J., Q. B. 130. (ti) Oilman y. Elton, 3 Br. & 

(o) Turner v. Cameron, 39 L. B. 75; Mathias v. Mesnard, 2 C. 

J., Q. B. ,125 ; L. R, 5 Q. B. & P. 353. 

306. (a?) Findon t. McLaren, 6 Q. 

( p) See Hellawell v. Eastmwd, B. 891 ; 14 L. J., Q. B. 183. 

6 Ex., at pp. 300, 311. (y) Adams v. Orane, 1 Cr. & 

(q) Simpgon\.Hartopp,Wil\cs, M. 380; Brown v. Arundell, 10 

512. See judgment of Erie, C. J., C. B. 54; 20 L. J., C. P. 30; 

in Swire v. Leach, 34 L. J., C. P., William* v. Holmes, 8 Ex. 861 ; 

at p. 151; G'ubourn v. Hurst, 1 22 L. J., Ex. 283. 


or placed for safe custody in the warehouse of a wharf- 
inger (z) ; or pledged with a pawnbroker (a) ; also the 
goods of guests brought into an inn {b), and goods 
delivered to a carrier to be conveyed by him to some 
place (c). But goods placed in the hands of the tenant, 
merely with the intent that they shall remain on the 
premises, are not privileged from distress {d). Hence, 
brewers' casks sent to a pubhc-house, and left with the 
publican till they are empty, may be distrained by the 
owner of the public-house (e) ; a boat left in the care 
of the tenant of saltworks, may be distrained by the 
owner of the salt works (y ) ; and carriages and horses 
standing at livery may be distrained by the landlord for 
rent due by the livery stable-keeper (^). It has re- 
cently been held, that wine sent to the warehouse of a 
wine-warehouseman to be matured, is liable to be dis- 
trained for rent due to the landlord of the premises 
where it is deposited (A). 

4. Wild ani- Animals ferce naturce (i). But deer in an inclosed 

ground may be distrained (A). 

5. Goods in Things in actual use : as, for instance, a horse, 
while it is drawing a cart(/) or being ridden (m); tools, 

(i) Thompson v. Mashiter, 1 (/) Miigpratt v. Gregory, 1 

Bing. 283. M. & W. 633 ; 3 M. & W. 677. 

(a) Swire v. Leach, 18 C. B., (ff) lYancit v. Wyatt, 1 W. 

N. S. 479; 34 L. J., C. P. 150; Bl. 483; 3 Burr. 1498; Parsons 

13 W. R 385. v. Gingell, 4 C. B. 645 ; 16 L. J., 

(J) Crosier v. Tomkinson, 2 C. P. 227. 

Ld. Ken. 439. See Fowkes v. (A) Ex parte Russell, 18 W. 

Joyce, 3 Lev. 260 ; 2 Vem. 129. R. 753. 

(c) Gisbourn v. Hurst, 1 Salk. (i) Co. Lit. 47 a. 

249. (A) See Davies Y.PoweU.Wiiles, 

(<f) See jndgment of Wilde, B., 48. 

in Parsons v. Gingell, 4 C. B., at (0 Field r. Adames, 12 A. & 

p. 558. E. 649; 10 L. J., Q. B. 2. 

(«) Joule V. Jackson, 7 M. & (w) Storey v. Robinson, 6 T. 

W. 450; 10 L. J., Ex. 142. R. 138 ; Co. Lit. 47 a. 

actoal use. 

KENT. 141 

while a man is working with them (w) ; and, it seems, 
wearing apparel, while in actual use. 

But a horse, which a man is leading (o), and clothes, 
not actually worn (/?), may be distrained. 

Perishable goods, such as milk or meat, which can- 6. Perishable 
not be restored, upon a replevin, in the same condition ^' 
as that in which they were taken {q). 

Goods which have been distrained damage feasant, 7. Goods in 
or are in the possession of the sheriff (r) under an exe- 
cution (s). 

In case all or any part of the growing crops of the Stat. 14 & 15 

Vict c 2o 
tenant of any farm or lands shall be seized and sold by g. 2. ' 

any sheriff or other officer by virtue of any writ of exe- Growing crops 
. , seized and sold 

cution, such crops, so long as the same shall remain on under execu- 

the farm or lands, shall, in default of sufficient distress Hahh to dls- 

of the ffoods and chattels of the tenant, be liable to the ^""^^ t^^ ^^P} 

" ' accruing after 

rent which may accrue and become due to the landlord seizure aud 
after any such seizure and sale, and to the remedies by 
distress for recovery of such rent; and that notwith- 
standing any bargain, sale or assignment which may 
have been made or executed of such growing crops by 
any such sheriff or other officer. 

Where any purchaser of any crops or produce here- 8. Produce 
inbefore mentioned (^) shall have entered into any subject to 
agreement with such sheriff or other officer, touching °^^^e"iVon 
the use and expenditure thereof on lands let to farm, it land. 

(n) Simpson v.Hartopp,W iWea, & S. 711. See Smitfi v. Mugsell, 

512 ; Co. Lit. 47 a. 3 Taunt. 400. 

(o) Wagstaff v. Clack, cited («) Co. Lit. 47 a ; Wharton v, 

in Woodfall, L. & T. 394, n. (a;). Naylor, 12 Q. B. 673; 17 L. J., 

ip) liaynes v. Smith, 1 Esp. Q. B. 278. As to the means to be 

206 ; Bisget v. Caldwell, id. note; adopted by the landlord, where his 

Peake, N. P. C. 36. tenant's goods are taken in exe- 

(q) Morley v. Pincombe, 2 Ex. cution, see j?o«^, p. 181. 

101 ; 18 L. J., Ex. 272. {t) See post, p. 209. 

(r) Blades v. Arundale, I M. 



Stat. 56 Geo. 3, 
c. 50, 8. G. 

landlord not 
to distrain on 
prod ace so 

9. Frames, 
materials, &c. 
entrusted to 

Stat. 6 & 7 
Vict. c. 40, 
s. 18. 

Not to be dis- 
trained except 
for rent due by 

Sect. 19. 

Kemedy of 
owner of 
frame, &c. 

shall not be lawful for the owner or landlord of such 
lands to distrain for any rent on any com, hay, straw 
or other produce thereof, which, at the time of such 
sale and the execution of such agreement, entered into 
under the provisions of this act, shall have been severed 
from the soil and sold, subject to such agreement, by 
such sheriff or other officer ; nor on any turnips, whether 
dtawn or growing (t), if sold according to the provisions 
of this act; nor on any horses, sheep or other cattle, 
nor on any beast whatsoever, nor on any waggons, carts 
or other implements of husbandry, which any person 
shall employ, keep or use on such lands, for the purpose 
of threshing out, carrying or consuming any such com, 
hay, straw, ttirnips or other produce, under the pro- 
visions of the act, and the agreement or agreements 
directed to be entered into between the sheriff or other 
officer and the purchaser of such crops and produce. 

No frame, loom or machine, materials, tools or ap- 
paratus entrusted for the purpose of being used or 
worked in any of the said manufactures (the woollen, 
worsted, linen, cotton, flax, mohair or silk manufactures 
(ss. 1, 2)), or any work connected therewith, or any 
parts or processes thereof, whether such frame, &c. shall 
or shall not be rented or taken by the hire, shall be dis- 
trained for rent, unless the rent be due by the owner of 
the said frame, &c., or of any part thereof. 

If any landlord shall distrain any frame, &c., belong- 
ing to any other person which shall have been entrusted 
for the purpose of being used in any of the said manu- 
factures, and shall reftise to restore possession of all such 
frames, &c., to the person entrusting the same, when 
demanded by him (any two or more justices of the peace 
may order the property to be forthwith restored). 
(0 See now stat. 14 & 15 Vict. c. 25, 9. 2, last page. 

RENT. 143 

The goods or chattels of an ambassador (u). lo. Goods of 

Where any company is being wound up by the Court, ^™ ^^ °^' 

or subject to the supervision of the Court, any distress company being 

put in force against the estate or effects of the company ^_"^' 

after the commencement of the winding-up (z. e., after Vict. c. 89, 

the presentation of the petition for the winding-up ji,. ^ ' ,^ 
^ _ ^ or Distress after 

(s. 84) ) shall be void. commencement 

-r - , , . 1 •! • • • /» • of winding-up 

it seems that this prohibition against eniorcing a to be void, 
distress does not apply where premises are demised to 
persons who afterwards declare themselves trustees for 
a company (x). With the leave of the Court, however, 
a distress may be proceeded with, subject to such terms 
as the Court may impose (y). But it appears that in all 
cases in which tlie Court has allowed execution to pro- 
ceed it had issued before the winding-up order was 
made (z). 

The following kinds of property cannot be distrained Property can- 

if there are sufficient goods of other kinds on the pre- vileged front, * 

mises to satisfy the distress. distress. 

Implements of trade not in actual use (a). l. Implements 

No man shall be distrained by his beasts that gain « c ttl d 

his land (cart-colts and young steers, not broken in or sheep, 

used for harness or the plough, are not within these g/if 4 *° 
words (6) ), nor by his sheep (or the sheep of his under- 

(«) See Stat. 7 Anne, c. 12, London Cotton Co., 35 L. J., Ch. 

8.3. 425; L. R., 2 Eq. 53; In re 

(x) In re Exhall Coal Mining Bastmv «^ Co., 36 L. J., Ch. 899 ; 

Cot Limited, 33 L. J., Ch. 595. L. R., 4 Eq. 618. 

(y) Sect. 87. See 33 L. J., Ch. (a) Gorton v. Falkner, 4 T. R., 

696, note ; 35 L. J., Ch. 425. 565 ; Fenton v. Logan, 9 Bing. 

(2) Judgment of Lord Romilly, 676 ; Nargett v. Ma*, 1 E. & E. 

M. R., in In re Progress Assiir- 439 ; 28 L. J., Q. B. 143. 

ance Co., 39 L. J , Ch. 504; L. R., (&) Keen v. Priest, 4 H. & N. 

9 Eq. 372. See In re Great Ship 236. 
Co., 83 L. J., Ch. 24&; In re 



Not to be dis- tenant(i) ), for the king's debt, nor the debt of any other 

trained if there /. ,i i, aI. i • ' xi, 

is other snf- man, nor for any other cause, by the king s, or other 

cient distress bailiffs, but until they can find another distress, or 
on premises. ' •' 

chattels sufficient whereof they may levy the debt, or 
that are sufficient for the demand (c). 

Cattle, &c. may be distrained if there is no other 
sufficient distress upon the demised premises besides 
growing crops (rf). Cattle at agistment are liable to a 
distress (e). Where a stranger's cattle escape into 
another's land by breaking fences in which there is no 
defect ; or by breaking defective fences, if the tenant of 
the land where the distress is taken is not bound to 
repair such fences, the cattle may be immediately dis- 
trained for rent{f). But if the beasts come on the 
premises through defect of fences, which the tenant of 
the land on which they stray is bound to repair, they 
cannot be distrained by the landlord for rent, unless the 
owner of the cattle, after notice that they are in the 
land, neglects or reftises to drive them away (f). 

2. Where Distress must be made. 

Generally speaking, a thing cannot be distrained for 
rent-arrear except on the premises demised {g). 

It shall be lawful for no man, from henceforth, for 

any manner of cause, to take distresses out of his fee, nor 

take' distresses in the king's highway, nor in the common street, but 
oat of his fee. & & J» » 

General rule. 

Stat. 52 Hen. 3, 
c. 15. 
Subject not to 

(*) Keen y. Priegt, 4 H. & N. 
236 ; 28 L. J., Ex. 157. 

(c) See Jenner v. Yolland, 6 
Price, 3 ; post, p. 170. 

(rf) PigoU ▼. Birtlet, 1 M. & 
W. 441. 

(e) 1 Roll. Abr. 669, pi. 23; 
Woodfall, L. & T. 399; 3 Black. 
Com. 8, note. 

(/) Poole V. Longueville, 2 
Sannd. 290, n. (7). See Goodwyn 
y. Cheveley, 4 H. & N. 631 ; 28 
L. J., Ex. 298. 

(^) Per Best, C. J., in Buszard 
V. Capel, 4 Bing., at p. 1 40. See 
Capel V. Bvszard, 6 Bing. 150, 
161 ; 8 B. & C. 141 ; Gillingham 
V. Owyet, 16 L. T., N. S. 640. 

RENT. 145 

only to the king or his officers having special authority 
to do the same (h). 

In the following cases, however, the landlord may Exceptions, 
distrain goods not upon the demised premises : — 

It shall be lawful for every landlord, or his bailiff, to i. stock feed- 
seize, as a distress for rent, any cattle or stock of (his) ^on^" ^°™" 
tenant feeding upon any common appendant or appur- Stat, li Geo. 2, 
tenant or anyways belonging to all or any part of the ' ' ' ' 
premises demised. 

If the landlord comes to distrain cattle which he sees 2. Cattle which 

then within his fee, but the tenant, or any other person, coming to dis- 

to prevent the landlord from distraining, drives the *''*'°' ^^^^ °° 
^ ° demised pie- 

cattle out of the fee, the landlord may follow and mises. 
distrain them (2). But the landlord cannot distrain 
cattle out of his fee if, when coming to distrain, he did 
not see them within his fee, or if the cattle of them- 
selves, after the landlord has seen them, go out of the 
fee, or if, after the landlord has seen the cattle, the 
tenant removes them for any other cause than to pre- 
vent the landlord from distraining (e). 

In case any tenant for life, years, at will, sufferance 3. Frandulent 
or otherwise of any messuages, lands, tenements or here- 
ditaments, upon the demise or holding whereof any rent c. 19, s. 1. 
shall be reserved, due, or made payable (A), shall fraudu- 
lently (either openly, with notice given to the landlord (/)) Landlord 

1 i^'p 1 /*• f- 1 "i".^'» within 

or clandestinely convey away or carry oil or ii'om such thirty dms, 

premises (m) his goods or chattels, to prevent the land- ^ods^fraudu- 

lord from distraining: the same for arrears of rent so 'ently carried 

. off. 

reserved, due, or made payable, it shall be lawful for every 

(A) See also stat. 3 Edw. 1, c. Q. B. 94. 

16. {I) Ojyperman v. Smith, 4 D. 

(i) Co. Lit 161 a. & R. 33. 

(A) See Anderson y. Midland (m) See Stanley v. W/uirton,2 

By. Co., 3 E. & E. 614 ; 30 L. J., Price, 301. 

F. L 



Sect 2. 

£xcopdon in 
case goods are 
bonnjide sold 
before seizure. 

Sect. 7. 

Landlords maj 
break open 
houses, &c. in 
which goods 
removed arc 

landlord, or any person by liira for that purpose lawfully 
empowered, witliin thirty days next ensuing such con- 
veying away or cari*} ing off, to seize such goods and 
chattels, wherever the same shall be found, as a distress 
for the said arrears of rent, and the same to sell or 
othenN'ise dispose of in such manner as if the said goods 
and chattels had actually been distrained by such land- 
lord upon such premises for such arrears of rent(n). 
No landlord, or other person entitled to such arrears of 
rent, shall seize any such goods or chattels as a distress 
for the same which shall be sold bond fide, and for a 
valuable consideration, before such seizure made, to any 
person not privy to such fraud as aforesaid (o). 

Where any goods or chattels fraudulently or clan- 
destinely conveyed or carried away by any tenant, or 
other person aiding or assisting therein, shall be put in 
any house, bam, stable, outhouse, yard, close or place 
locked up, fastened or otherwise secured, so as to pre- 
vent such goods or chattels from being seized as a dis- 
tress for arrears of rent, it shall be lawful for the land- 
lord, his steward, bailiff, receiver or other person em- 
powered, to seize, as a distress for rent, such goods and 
chattels, — first calling to his assistance the constable or 
other peace officer of the hundred, borough, parish, 
district or place where the same shall be suspected to 
be concealed (or a special constable appointed for the 
occasion (/>)), who are hereby required to aid and assist 
therein; and, in case of a dwelling-house, oath being 
also first made before some justice of the peace of a 
reasonable ground to suspect that such goods or chattels 
are therein, — in the daytime (without any previous re- 

(n) See also stat 8 Anne, c. 14, 
s. 2. 
(o) See WUliavu v. Bohcrts, 7 

Ex. 618 ; 22 L. J., Ex. 61. 

{p) Cartitriz/ht t. Smith, 1 
Moo. & Kob. 284. 

RENT. 147 

quest {g) ), to break open and enter into such house, 
barn, stable, outhouse, yard, close and place, and to 
seize such goods and chattels for the said arrears of 
rent, as he might have done by virtue of this or any 
former act if such goods and chattels had been put in 
any open field or place. 

If any tenant shall fi-audulently remove and convey Sect. 3. 
away (or, without actual participation, shall be privy to Penalty on 
the removal of (r) ) his goods or chattels as aforesaid, son assisting iu 
or if any person shall wilfully and knowingly (being removal of 
privy to the fraudulent intent (s) ) aid or assist any such 6°°<^' 
tenant in such fraudulent conveying away or carrying 
off of any part of his goods or chattels, or in conceal- 
ing the same (although no distress may be in progress 
or contemplated at the time (t) ), every person so offend- 
ing shall forfeit to the landlord double the value of the 
goods by him carried off or concealed as aforesaid ; to 
be recovered by action of debt, or (as an alternative 
remedy («) ), where the goods and chattels so fraudu- Sect 4. 
lently carried off or concealed shall not exceed the value 
of fifly pounds, the landlord, his bailiff, servant or agent 
in his behalf (may) exhibit a complaint in writing against 
such offender before two or more justices of the peace 
of the same county, riding or division of such county, 
residing near the place whence such goods and chattels 
were removed, or near the place where the same were 
found, not being interested in the lands or tenements 
whence such goods were removed, (who, afler examining 
the parties concerned upon oath,) may, by order under 

((7) Williams v. Roberts, 7 Ex. (t) Stanley v. Wharton, 10 

618; 22 L. J., Ex. 61. Price, 138. 

(r) Lyster v. Brown, 1 C. & (m) Bromley v. Holden, M. & 

r. 121. M. 175 ; Horse/all v. Davy, 1 

(») Brooke v. Noakes, 8 B. & C. Stark. 169. 
537, 542. 




Requisites to 
under this 

1. Goods be- 
longing to 

2. Fraudulent 

their hands and seals, adjudge the offender to pay double 
the value of the said goods and chattels to such land- 
lord at such time as the said justices shall appoint. 

Before availing himself of the provisions of this 
statute, the landlord shoidd ascertain the follomng par- 
ticulars : — 

That the goods removed belonged to the tenant. 
A stranger or lodger has a right to remove his goods 
off the premises at any time, or under any circum- 
stances (jr), before the commencement of a distress (y). 

That the goods were carried off with a view to 
deprive the landlord of his remedy by distress (z), and 
that no sufficient goods remained on the premises to 
satisfy the rent then due (a). The mere removal of goods 
by the tenant from the demised premises, when rent is 
In arrear, is not of itself fraudulent as against the land- 
lord {b) ; nor is every conveying away of the goods of a 
tenant penal, although it may operate to defeat the 
landlord's right (c). To constitute a fraudulent re- 
moval, the fraud must be that of the tenant or person 
removing the property for his benefit (c). The statute 
was never meant to extend to a creditor who is seek- 
ing pajTuent of his debt bondjide; and such creditor 
may, for the purpose of satisfying such debt and with 
the assent of the debtor, take possession of his goods. 

(ar) Per Martin, B., in Foulger 
V. Taylor, 5 H. & N., at p. 210; 
TJiornton v. Adamg, 5 M. & S. 
38 ; Postman v. Harrell, 6 C. & 
P. 225; Fletcher v. Marillier, 9 
A. & E. 457. 

(y) Wood V. JVunn, 5 Bing. 

(2) Parry t. Duncan, 7 Bing, 
243, 246; John v. Jenkins, 1 Cr. 

& M. 227. 

(a) Opperman v. Smith, 4 D. 
& 11. 33; Parry v. Duncan, 7 
Bing. 243. But see Ollham v. 
Arkwri^ht, 16 L. T. 88; Wood- 
fall, L. & T. 422. 

(5) Parry v. Duncan, 7 Bing. 
243, 246. 

(c) Bach V. Meats, 5 M. & S. 

RENT. 149 

and remove them from the premises without incurring 
any penalty under the statute, even though he knows 
that the debtor is in distressed circumstances, and is 
apprehensive that his goods may be distrained (c). 

That the goods were carried off after rent had 3. Rent duo. 
become due id'). The landlord is, however, justified in 
following and distraining goods which have been re- 
moved on the morning of the day on which rent became 
due (c). 

3. Wlien Distress must be made. 

It shall be lawful for any person or persons, having Stat. 8 Anne, 

any rent in arrear or due upon any lease for life or for ' ' ' ,* 

•' _ . . , Landlord may 

years or at will ended or determined, to distrain for distrain for 

such arrears after the determination of the said respec- termination of 

tive leases, in the same manner as they might have ®*^' 

done if such lease had not be6n ended or determined ; 

provided that such distress be made within the space of Sect. 7. 

six calendar months afler the determination of such Distress to be 

made within 
lease, and during the continuance of such landlord's six months 

title, and during the possession of the tenant from whom mination of 

such arrears became due (/) (or of his administrator, if j'^^q'"^'^^, _ 

the tenancy continues after the death of the tenant (g) ). session of 

/. . • tenant. 

There is nothing in this statute confining its opera- 
tion to a wrongful holding over, or to a holding of the 
whole of the demised premises (A). Hence, where a 

(o) Bach V. Meats, 6 M. & S. ante, pp. 114, 132. 

200, 204, 206. (/) SceCoiijdand v. Maynard, 

(d) Watson y. Main, 3 Esp. 12¥jast,13ii Taylersony. Peters, 

15; Furneanx v. Fothcrhy and 7 A. & E. 110. 

Clarke, 4 Camp. 136 ; Raytd v. {g) Turner v. Barnes, 2 B. & 

Vaughan, 1 Bing. N. C. 767. S. 435; 31 L. J., Q. B. 170. 

{e) Dibble v. Bowater, 2 E. & (A) Judgment in Nuttall v. 

B. 504; 22 L. J., Q. B. 390. See Staunton, 4 B. & C, at p. 56. 



Stat 3 & 4 
Will. 4, c. 27, 
B. 2. 

Distress for 
rent-charge to 
be made within 
twenty years 
after right to 
distrain ac- 

Time at which 
distress most 
be made. 


tenant, by permission of the landlord, remains in pos- 
session of part of a farm after the expiration of his 
tenancy, the landlord may distrain on that part within 
six months aft«r the expiration of the tenancy (i). The 
statute, however, does not apply where the interest under 
the lease is undetermined. A custom of the country 
under which the tenant is entitled to leave his awaygoing 
crops in the bams, or to use the bams to thrash his 
corn and fodder his cattle, for a certain time after the 
expiration of the lease, operates as a prolongation of 
the term, and during such prolongation the landlord 
may distrain independently of the statute {j). 

No person shall make a distress to recover any rent 
(charge (k) ), but within twenty years next after the time 
at which the right to make such distress shall have first 
accrued to some person through whom he claims ; or if 
such right shall not ha v^ accrued to any person through 
whom he claims, then within twenty years next aft«r 
the time at which the right to make such distress shall 
have first accrued to the person making the same {i.e., 
twenty years fi-om the last payment of rent (/) ). 

A distress must be made in the daytime (m). If 
made before sunrise, or after sunset, it will be illegal, • 
although at Ihe time there may be ample daylight (w). 
Persons who distrain ought not, however, to go so near 
these limits as to raise any doubt on the subject (o). 

A landlord may expressly agree not to distrain for 

(i) Nuttdll V. Staunton, 4 B. 
& C. 51, 

(^■) Beavan r. Delahay, 1 H. 
Bl. 5, sec note (a), p. 7 ; Boraiton 
V. Green, 16 East, at p. 81 ; Knight 
T. BeneU, 3 Bing. 3G4, 366. See 
j>ogt, Chap. VI., Sect. 2 (2). 

(A) See Gratit v. EUU,d M. & 
W. 113. 

(Z) Sect. 3; Orvenr. Be Beau- 
voir, 16 M. & W. 547 ; 5 Ex. 166. 

(m) See ante, p. 132, as to the 
day on which it mnst be made. 

(n) Aldenhvrgh v. Pcaple, 6 
C. & P. 212 ; Tutton v. Darhe, 6 
II. & N. 647 ; 29 L. J., Ex. 271. 

(o) Per Martin, B., C II. & N., 
at p. Goo. 

BENT. 151 

a certain time (/>). ^VTiere there is no express con- of right to dis- 
tract, sucli an agreement may sometimes be implied ; thus, 
on proof that the landlord of a farm permitted a sale by 
the tenant of the eatage of a pastm'e for a specified period, 
on condition that the amount produced by such sale was 
to be paid to the landlord, a contract may be inferred 
on his part not to distrain the cattle of the purchaser (</). 

4. Amount for which Distress may he made. 

No arrears of rent, or any damages in respect of such Stat. 3 & 4 

arrears of rent, shall be recovered by any distress, ac- g_ 42! ' ' * 

tion or suit, but within six years next after the same Six years' ar- 

respectively shall have become due, or next after an only recover- 

acknowledgment of the same in writing shall have ^'^^^''y^s- 
o o tress. 

been given to the person entitled thereto, or his agent, 
signed by the person by whom the same was payable, 
or his agent. 

So long as the relation of landlord and tenant sub- 
sists, the right of the landlord to rent is not barred by 
non-payment, but under the above statute the amount 
recoverable is limited to six years' arrears (r). 

The common law does not cast any obligation on the 
person distraining to inform the tenant Avhat is the 
amount of arrears for which the distress is made (*). 
The person distraining is entitled to a tender of the 
amount really due, and upon liis refusal to accept that 
sum, the tenant's course is to replevy the goods {f). 

Hence no action can be maintained for distraining Distress for 

t> . .1 • J 1. 'i. • n J J. more rent than 

for more rent than is due, even when it is alleged to jg ^ue. 

(jp) Giles V. Spencer, 3 C. B , C. 3G0. 

N. S. 244; 26 L. J., C. P. 237, (») Judgment in Tancred v. 

Sec Welsh v. Rose, 6 Bing. G38. Leyland, IG Q. B., at p. 680. See 

iq) Horsford v. Webster, 1 Cr. also 11 Ex. 879. 

M. & R. 696. (t) Glynn, v. Thomas, 11 Ex, 

(r) Archbold v. Scully, H. L. 870 ; 25 L. J., Ex. 125. 



Distress after 

have been done maliciously (m), unless it appears that 
the goods seized and sold were of greater value than was 
necessary to satisfy the arrears of rent actually due (x). 
A distress for rent levied after the commencement of 
the bankruptcy of the tenant is available only for one 
year's rent accrued due prior to the date of the order of 
adjudication (y). 

Warrant of 

5. Mode of making Distress. 

The landlord may, of course^ distrain in person ; but 
the more prudent course is to employ an experienced 
bailiff, who should be authorized by a warrant of dis- 
tress signed by the landlord (z). The indemnity to 
Implied indem- the bailiff, implied fi'om the warrant of distress, ex- 
*" ^ *" ■ tends only to acts properly done by him in the exer- 
cise of his authority (a). The duty of using proper 
care and diligence in ascertaining that the distress 
may be safely made is cast upon the baUiff in cases 
of ordinary distresses for rent, unless the landlord by 
his conduct has dispensed with it (b). The land- 

(») Stevenson v. Nennham, 13 
C. B. 285; 22L. J., C. P. 110. 

(a?) Wilkinson v. Terry, 1 Moo. 
& Rob. 377 ; Tancred v. Leyland, 
16 Q. B. 669; 20 L. J., Q B. 316; 
Glynn v. TJiomas, 1 1 Ex. 870 ; 
25 L. J., Ex. 125 ; French v. 
Phillips, 1 H. & N. 664; 26 L. 
J., Ex. 82. 

(y) Stat. 32 & 33 Vict. c. 71, 
8.34. See/>o«#, p. 186. 

(c) Furvi of Warrant. 
To Mr. A. B., my bailiff. 

Distraiu such of the goods and 
chattels as may lawfully be dis- 
trained for rent in and upon the 
honse [or farm] and premises oc- 
cupied by C. D., situate at , 

in the parish of , in the 

county of , for £ , being 

the amount of [one half-year's] 
rent due to me in respect of the 

same, on the day of 

last, and proceed thereon for the 
recovery of the said rent as the 
law directs. 

E. F. 
Dated the day of , 18 — . 

An authority to distrain does 
not require a stamp. Pyle v. 
Partridge, 15 M. & W. 20; 15 
L. J., Ex. 129. 

(fl) See Bullen & Leake's 
Pleadings, 152, n. («) (2nd ed.). 

(J) Judgment in Toplis v. 
Grane, 5 Bing. N. C, at p. 651. 

KENT. 153 

lord may recover from the bailiff damage occasioned 
by his negligence or misconduct (c). An express in- Express in- 
demnity is frequently appended to the distress-warrant, bailiff. 
After an authority to a bailiff to distrain the goods of 
the tenant, an indemnity against aU costs and charges 
that he may be at on that account, applies only to cases 
where the distress is illegal on the ground that the land- 
lord has no right to put in a distress (d). An indem- 
nity against all costs in respect to any law expenses, 
actions that may arise, and all charges or expenses on 
that account, extends to the costs of defending an action 
wrongfully brought against the bailiff by the tenant (e). 

The landlord is responsible to the tenant for irre- Landlord's 
gularities committed by the bailiff in carrying out tenant'for acts 
his instiaictions ; such, for instance, as selUng the °^ '^^liff- 
goods without notice of distress, or without appraise- 
ment (y). But the landlord is not liable for the 
wrongful act of liis baUiff in seizing what his war- 
rant does not authorize him to seize, unless the land- 
lord ratifies the bailiff's act, with knowledge of the 
wrongful seizure {g), or chooses, without inquiry, to 
take the risk upon himself and to adopt the bailiff's 
acts {h). 

It is desirable, though not essential, that the arrears Demand of 
of rent should be formally demanded from the tenant '^^ ' 
before the distress is made. If the rent due, without 
any additional sum for expenses, is unconditionally 

(c) 2 Ch. PI. 503 (7th ed.) ; (g) See Moore v. Drinkmater, 

Woodfall, L. & T. 413. 1 F. & F. 134. 

{(l) Draper v. Tliomjjson, 4 C. (A) Lewis v. Read, 13 M. & 

& P. 84, 86. W. 834 ; 14 L. J., Ex. 295 ; 

(<') See Ibbett v. Be La Salle, JfVeeman v. Jlosher, 13 Q. B. 

G II. & N. 233 ; 30 L. J., Ex. 44. 780 ; 18 L. J., Q. B. 340 ; Hase- 

(/) JIascler v. Lcmoyne, 5 C. lev v. Lemot/n?, 5 C. B., N. S. 

B., N. S. 530; 28 L. J., C. P. 103. 530; 28 L. J., C. P. 103. But 

See pogt, p. 180, as to other irre- sec Gatintlctt v. King, 3 C. B., 

gularities. N. S. 59. ' 



Effect of 
tender before 


tendered to tlie landlord, or his agent or bailiff autho- 
rized to receive it (A), l)efore seizure made, though after 
the warrant has been delivered to the bailiff, it is illegal 
to proceed with the distress (/). A sufficient tender 
before the distress renders the whole proceeding 
illegal: a sufficient tender after distress, but before the 
goods are impounded, renders the subsequent detainer 
illegal (m). 

In going to distrain, it is doubtful whether the land- 
lord may lawftilly gain access to the tenant's house by 
climbing over a fence (n). If the door of the house is 
shut, the landlord has authority by law to open it in the 
ordinary way in which other persons can do it, when it 
is left so as to be accessible to all who have occasion to 
go into the premises (o) ; as, for instance, by lifting a 
latch or pulling out a staple which serves to keep the 
door closed (o). It has been said that entry may be 
lawftilly made through an open window(j9); but it is 
illegal to open a window for the purpose of entering, 
whether such window is fastened with a haspCy) or 
shut and not fastened (r). If the outer door is open, 
the person distraining may break open an inner door 

(A) Jlatch V. Hale, 15 Q. B. 10; 
19 L. J., Q. B. 289. 

(J) Bennett v. Bayes, 5 H. & 
N. 391 ; 29 L. J., Ex. 224. See 
Branscomb v. Bridges, 1 B. & 
C. 145; Holland v. Bird, 10 
Bing. 16. 

(m) See judgment in IToZZa wo! T. 
Bird, 10 Bing., at p. 18. As to 
the eflFect of a tender after the 
goods are impounded, see post, 
p. 166. 

(n) Scott T. Bnckley, 16 L. T., 
N. S. 573. But see Eldridge t. 
Stacey, 15 C. B., N. S. 458; 12 
W.R. 61; 9 L. T., N. S. 291. 

(o) Ryan t. Shilcock, 7 Ex. 72, 
76; 21 L. J., Ex. 55. See the 
obscrrations of Cockbum, C. J., 
on the doctrine laid down in this 
case, in L. R., 2 Q. B. 594. See 
also Curtis v. Hubbard, 1 Hill's 
Rep. (New York) 336. 

(;;) Per Pollock, C.B., in Mr on 
V. Freeman, 5 H. & N., at p. 652; 
29 L. J., Ex. 271. See Gould v. 
Bradstock, 4 Taunt. 562. 

(j) Hancock v. Arutin, 14 C. 
B., N. S. 634, 639; 32 L. J., C. 
P. 252. 

(r) Nath v. Lucas, L, R., 2 Q. 
B. 590. 

BENT. 155 

or lock (5). But the outer door(<) or window (m) of 
the tenant's house or stable (x) must not be forcibly 
broken open, or the landlord who has entered to dis- 
train, and has sold the goods distrained, wiU be liable 
to an action of trespass, in which the tenant may re- 
cover the full value of such goods, although the pro- 
ceeds of the sale have been applied in satisfaction of 
the rent (y). 

If, however, a lawful entry has once been effected, Whenonter 
but the person distraining is forcibly turned out of broken^n. 
possession (z), or kept out of possession (a), there being 
no evidence of an abandonment of the goods (i), he 
is justified in breaking open the outer door in order to 
regain possession. But when a person has merely got 
his foot and arm between the door and the lintel, or 
by putting a pair of shears between the door and the 
lintel, has prevented the door from being closed, he 
has not such a possession as will entitle him to break 
open a door or window in order to gain admission to 
the house (c). It seems that after the person distrain- 
ing has lawfully entered, he may break open the outer 
door in order to remove the goods distrained (rf). 

It would appear that an actual entry upon the de- Constructive 
mised premises by the person distraining is not in all ^^^' 

(«) Browning t. Dann, Bnll. (y) Attack v. JBramrvell, 3 'B. 

N. r. 81 ; 2 Wms. Saund. 284, note. & S. 520 ; 32 L. J., Q. B. 146. 

(t) See Semayne's Case, 5 Co. (z) Eayleton v. Gutteridge, 11 

R. 91 ; 1 Sm. L. C. 88 (6th ed.). M. & W. 465, 469 ; 12 L. J., Ex., 

(w) Attack V. Bramwell, 3 B. at p. 361 ; Eldndge v. Stagey, 15 

& S. 520; 32 L. J., Q. B. 146. C. B., N. S. 458. 

Sec Hancock v. Austin, 14 C. B., (a) Bannister v. Hyde, 2 E. & 

N. S. 634 ; 32 L. J., C. P. 252. E. 627 ; 29 L. J., Q. B. 141. 

(ar) Brown v. Glenn, 16 Q. B. (&) ^ccpost, p. 163. 

254 ; 20 L. J., Q. B. 205. As to (c) Boyd v. Profaze, 16 L, T., 

the exception in the case of gootis N. S. 431. 

which have been frandulcntly re- (_d) Pugh v. Griffith, 7 A. & 

moved, see ante, p. 146. E. 827. 




Requisites to 

1. Must not be 

cases necessary. Where the article seized is just inside 
the door, tlic tenant at the door, and the agent of the 
landlord in such a position as to be able in one moment 
to put her foot into the room, it will be taken that she 
is constructively in the room («?). 

Entry having been made, the next step is to seize 
the goods. For this purpose, any distinct expression 
of an intention to distrain will suffice (jT). It is not 
necessary that an actual formal seizure should be 
made ; it is enough if the landlord takes sufficient 
means to prevent the articles on the premises from 
being taken away (c). A refusal by the landlord to 
allow the goods of the tenant to be taken away until 
the rent is paid, may amount to a seizure (^). A 
seizure of some goods as a distress, in the name of all 
the goods in the house, will operate as a valid seizure 
of all the goods in the house (h). 

In making the seizure the following points should be 
observed: — 

That the goods distrained do not greatly exceed 
in saleable value (i) the amount of the arrears of rent 
and costs of the distress. When a landlord is about 
to make a distress he is not boimd to calculate very 
nicely the value of the property seized ; but he must 
take care that some proportion is kept between that 
and the sum for which he is entitled to take it (A). 

(e) See judgment of Cockbum, 
C. J., in Cramer v. Mott, 39 L. J., 
Q. B., at p. 173. 

(/) Bullen on Distress, 131. 
See Swann v. Falmouth, 8 B. & 
C. 456 ; Hutchiru v. ScoU, 2 M. 
& W. 809 ; Thoma$ v. Harriet, 1 
M. & Gr. 695 ; Tennant v. Field, 
8 E. & B. 336 ; 27 L. J., Q. B. 33. 
See Spice v. Webb, 2 Jur. 943. 

(y) Wood V. Nunn, 5 Bing. 10; 
6 L. J., C. P. 198; Cram^ v. 
Mott, 39 L. J., Q. B. 172; L. R., 5 
Q. B. 357. 

(A ) Dod V. Monger, 6 Mod. 21 5. 

(i) See Wells v. Moody, 7 C. & 
P. 59. 

( k) Judgment of Bay ley, J., in 
Willoughby v. Ba^khonte, 2 B. & 
C, at p. 823. 

BENT. 157 

" Distresses shall be reasonable and not too great, and Stat. 52 Hen. 3, 
he that taketh gi'eat and unreasonable distresses shall be '. ' 

^ Di8tre8.sc8 to 

grievously amerced for the excess of such distresses." be reasonable. 
If goods are seized to an excessive amount, — as, for in- 
stance, if goods worth between 30/. and 40/. are dis- 
trained for the rent of ten guineas (Z), or goods worth 
260/. for the rent of 121/. 15s. 6t/. (m), the landlord 
will be liable to an action for damages ; and the tenant 
is entitled in such action to recover a verdict with 
nominal damages, although he fails to prove any actual 
damage, having had the use of the goods all the 
time (w). To determine whether a distress is excessive, 
it must be ascertained what the goods seized would 
have sold for at a broker's sale(o). An actual sale 
made under the distress, though not proved to be 
fraudulent or imfair, is not a conclusive test of value, 
and the tenant may therefore maintain an action, 
although the sale of the goods distrained (less the 
expenses) did not realize the amount of rent due(p). 
If only a single chattel is to be found on the premises, 
the person distraining will not be liable to an action 
for excessive distress, though the value of such chattel 
exceeds the amount of the rent due {q). 

While avoiding an excessive seizure, however, the 2. Sufficien 
person distraining should take sufficient to cover the 
arrears of rent ; for he cannot distrain twice for the same 
rent where he might have taken sufficient at first (r), 

(Z) Branscombe v. Bridges, 3 553; 34 L. J., Ex. 89. 

Stark. 171. (o) Wells v. Moody, 7 C. & P. 59. 

(w) Cluindler v. Donlton, 3 II. (p") Smith v. Ashforth, 29 L. 

& C. 553; 34 L. J., Ex. 89. J., Ex. 259. 

(«) Bayliss v. Fisher, 7 Bing. (q) Avenell v. Croker, Moo. & 

153; Piggott v. Birtles, 1 M. & M. 172. See Field v. Mitchell, 6 

W. 441 ; 5 L. J., Ex. 193 ; Esp. 71. 

Chandler y. Boulton, 3 II. & C. (r) Judgment of Farke, B., in 

must be taken. 



When second 
distress may 
be made for 
some rent. 


Stat 11 Geo. 2, 
c. 19, 8. 10. 

Goods dis- 
trained may be 
secured and 
sold on pre- 

unless, perhaps, where the value of the goods cannot 
be readily estimated. If a man bojid Jide mistake the 
value of the goods seized (which may be of uncertain 
or imaginary value, as pictures, jewels, racehorses, &c.), 
he may make a further seizure («). The landlord may 
also distrain again if he is prevented by the vmlawful act 
of the tenant from realizing the distress (^); as, for in- 
stance, if the tenant prevents a piurchaser from taking 
away an article sold under the distress (^). If the 
landlord is induced to withdraw the distress by a false 
assurance by the tenant that a particular debt has been 
satisfied, the landlord, on the creditor's proceeding to 
judgment and execution, is entitled to a year's rent, 
under stat. 8 Ann. c. 14 (m). 

After seizing the goods, the person distraining must 
impound them. In order to constitute an impounding 
it is not necessary that the whole of the goods distrained 
should be put together or removed from the premises {x). 

It shall be lawfril for any person lawftilly taking any 
distress for any kind of rent, to impound or otherwdse 
secure the distress so made, of what nature or kind 
soever it may be, in such place or on such part of the 
premises chargeable with the rent as shall be most con- 
venient for the impounding and securing such distress ; 
and to appraise, sell and dispose of the same upon the 
premises in like manner and imder the like directions 

Bagge v. Mawby, 8 Ex. 6-11 ; 22 
L. J., Ex. 236; Damson y, Cropp, 
1 C. B. 961; 14 L. J., C. P. 281; 
Lear t. Caldicott, 4 Q. B. 123. 
See Smith v. Goodicin, 4 B. & 
Ad. 413. 

(») Hutchiru T. Chambers, 1 
Burr., at p. 589. See Lingham 
v. Warren, 2 B. & B. 36. 

(f) Lee V. Coohe, 2 H. & N. 
584; 3 H. & N. 203; 27 L. J., 
Ex. 337. 

(m) Wollaston t. Stafford, 15 
C. B. 278; j»<7«f, p. 181. 

(ar) Per Lord Campbell, C. J., 
in Johnson v. Upham, 2 E. & E., 
at p. 255. See Washbom v. Black, 
11 Eaat, 405, note (a). 

RENT. 159 

and restraints as any person taking a distress for rent 
may now do off the premises by virtue of (stats. 2 W. & 
M. c. 5 and 4 Geo. 2, c. 28) ; and it shall be lawfiU for 
any person to come and go to and from such place 
where any distress for rent shall be impounded, in order 
to view, appraise and buy, and also in order to carry- 
off the same ; and if any pound-breach or rescous shall 
be made of any goods or chattels, or stock distrained 
for rent, and impounded by virtue of this act, the per- 
son aggrieved thereby shall have the like remedy as in 
cases of pound-breach or rescous is given by the said 

Furniture may be secured in a room or rooms of the Fnrnitare. 
tenant's house, or, if the tenant gives permission, may 
be left in its ordinary position {y). Where such per- 
mission is not given, in common cases a person distrain- 
ing in a dwelling-house must not take the whole of it 
in which to place the goods distrained, but must select 
one room for that purpose, or remove the goods out of 
the house {z). An action of trespass lies against a land- 
lord who, on making a distress for rent, turns the tenant's 
wife out of possession and keeps the premises on which 
he has impounded his distress (a). It seems, however, 
that the whole house may be locked up, where it is 
absolutely necessary for the safe keeping of the goods 
distrained (h). 

(Persons distraining sheaves or cocks of com, or com Corn, straw or 
loose or in the straw, or hay in any bam or stack or 

(y) See Cox v. Painter, 7 C. 16 L. J,, Ex., at p. 316. 

& P. 767; Washlorn t. Blacli, (a) Etherton v. Popjilenell, 1 

11 East, 405, note {a); Tennant East, 139; Smithy. Aahforth, 29 

V. Field, 8 E. & B, 336 ; 27 L. J., L. J., Ex. 259. 

Q. B. 33, (J) See 16 M. & W. 158 ; Cox 

(z) Per Parke, B., in Woods v. v. Painter, 7 C. & P. 767. 
J>urrant, 16 M. & W., at p. 158; 


Stat 2 Will, otherwise upon any part of tlie land, may) lock up or 

iff- "YJf ui)wi 1 

c. 5 8. 3. ' detain the same in the place wliere the same shall be 
May be im- found, for a distress, until the same shall be replevied ; 
|)lace where ^"^ ^^ default of replevying the same within (five days 
found. (sect. 2)), to sell the same after appraisement thereof; 

so as, nevertheless, such com, grain or hay be not re- 
moved by the person distraining, to the damage of the 
owner thereof, out of the place where the same shall be 
found and seized, but be kept there (as impounded) 
until the same shall be replevied or sold. 
Growing crops. The landlord, or his bailiff or other person empow- 
Stat. 1 1 Geo, 2, ered by him, (having distrained grovnng crops, may) lay 
When ripe "P *^^ same when ripe in the bams or other proper 

may be im- place on the premises demised ; and in case there shall 
pounded m ^ , , . . 

bams on farm, be no bam or proper place on the premises demised, 
then in any other bam or proper place which such land- 
lord shall hire or otherwise procure for that purpose, 
and as near as may be to the premises, and in conve- 
nient time appraise, sell or otherwise dispose of the 
same towards satisfaction of the rent for which such 
distress shall have been taken, and of the charges of 
such distress, appraisement and sale, in the same man- 
ner as other goods and chattels may be seized, disti*ained 
and disposed of; and the appraisement thet^of to be 
taken when cut, gathered, cured and made, and not 
Sect. 9. before. Notice of the place where the goods and chat- 

Notice of place tels so distrained shall be deposited shall, within one 

•where crops are ■, n i -, • • i f ii ■, - 

deposited to be week alter the depositing thereoi in such place, be given 

giTcn to tenant ^ qhq}^ tenant or left at the last place of his abode. 

Cattle. Cattle may be impounded in the byre or field where 

they are at the time of the distress (c). " No distress of 1 & 2 cattle shall be driven out of the hundred, rape, wapen- 
rh. & M. c. 12. 

(f) T7iomat v. Harriet, 1 M. & Gr. 696 ; Cattleman v. Hickt, Car. 
& M. 266. 

RENT. 161 

take or lathe where such distress shall be taken, except Cattle dis- 
to a pound overt within the same shire, not above three bTdriven*out 

miles distant from the place where the said distress is °^ hundred, 

■^ ^ ^ &c. where 

taken (c?). No cattle or other goods distrained at one taken, except 

time shall be impounded in several places, whereby the same shire not 

owner of such distress shall be constrained to sue several [^°^ m^a 

replevies for the delivery of the said distress so taken ^tant. 

at one time. 

Every person who shall impound or cause to be im- Stat. 12 & 13 
poimded in any pound or receptacle of the like nature g. 6. ' 
any animal, shall supply during such confinement a Persons im- 
sufficient quantity of fit and wholesome food and water animals to 
to such animal ; and every such person who shall refuse ^" ^^^ t^ 
or neglect to supply such animal with such food and 
water as aforesaid shall for. every such offence forfeit 
twenty shillings. 

In case any animal shall at any time be impounded Sect. 6. 

as aforesaid, and shall continue confined without fit and ^° default, any 

' person may 

suflScient food and water for more than twelve succes- supply food 
sive hours, it shall be lawful for any person whomsoever 
fi:om time to time, and as oflen as shall be necessary, 
to enter any pound or other receptacle of the like 
nature in which any such animal shall be so confined, 
and to supply such animal with fit and sufficient food 
and water during so long a time as such animal shall 
remain confined as aforesaid, without being liable to 
any action of trespass or other proceeding by any 
person whomsoever for such entry for the purposes 
aforesaid; and the reasonable cost of such food and 
water shall be paid by the owner of such animal, before 
such animal is removed, to the person who shall supply 
the same, and the said cost may be recovered (by sum- 
mary proceedings before a justice of the peace). 
id) See also stat. 3 Edw. 1, c. 16. 
F. M 



Stilt. 17 & 18 
Vict. c. GO, 
B. 1. 

Person im- 
animal and 
supplying food 
and water, may 
recover frum 
the owner not 
exc 'cding 
double value 
of such food 
and water. 

Power to sell 
animal after 
seven days' 

Goods dis- 
trained must 
nut be nsed. 

Injuries to 
go >ds im- 

Every person who sliall impound, as in the (above) act 
mentioned, any animal and shall supply such animal 
with food and water as therein mentioned, may recover 
from the owner of such animal not exceeding double the 
value of the food and Avater so supplied, in like manner 
as is by the last-mentioned act provided for the recovery 
of penalties under the same act. And every person 
who shall supply food and water shall be at liberty, if 
he shall so think fit, instead of proceeding for the re- 
covery of the value thereof as last aforesaid, after the 
expiration of seven clear days from the time of im- 
pounding the same, to sell any such animal openly at 
any public market, after having given three days' public 
printed notice thereof, for the most money that can be 
got for the same, and to apply the produce in discharge 
of the value of such food and water so supplied as 
aforesaid, and the expenses of and attending such sale, 
rendering the overplus, if any, to the owner of such 

The person distraining must not use the goods or 
work the cattle he has impounded. If he takes an 
animal out of the place where it was originally im- 
pounded for the purpose of making an unlawful use of 
it, the owner is justified in interfering and recovering 
possession of the animal (e). Milch cows which have 
been impounded may, however, be milked by the person 
distraining (y ). If the condition of the pound is such 
that it is unfit to put cattle in at the time of the im- 
pounding the person distraining is responsible for in- 
jury thereby occasioned to the animals (^). But if 

(e) Smith v. Wright, 6 11. & 
N. 821 ; 30 L. J., Ex. 313. 

(/) See Bagghawe v. Gorvard, 
Cro. Jac, at p. 148. 

(ff) Per Bramwell.B ,in Bignell 
V. Clarke, 5 H. & N., at p. 487 ; 
29 L. J., Ex. 257; Wilder v. Speer, 
8 A. & E. 547. 

REXT. 163 

they die in the pound or escape without any default 
on the part of the person distraining, it seems that he 
may distrain again (A). 

It is usual for the person distraining to leave a man 
in possession of the goods distrained ; but the quitting Abandonment 
possession of goods by the landlord after he has dis- 
trained them, is not necessarily an abandonment of the 
distress (t). Whether the landlord has or has not 
abandoned the distress, is a question of fact to be de- 
termined by a jury (A). An abandonment will not be 
infeiTed where the broker is forcibly expelled, and 
regains possession after an interval of three weeks (A); 
or where the man in possession, having quitted the 
house in which the goods are impounded in order to 
obtain refreshment, finds on his return the door locked 
against him by the tenant, and breaks it open for the 
purpose of re-entering (Z); or where the person dis- 
training, having permitted the goods of a stranger, 
who has had no notice of the distress, to be taken off 
the premises merely for a temporary purpose, they are 
subsequently restored by the voluntary act of the person 
who took them away (w). 

Where goods distrained are removed by force, a Rescue or 
rescue or poundbreach is committed. "Upon any g own 
poundbreach or rescue of goods distrained for rent, the & M. sess. 1, 
person grieved thereby shall recover tieble damages, 
and (a full and reasonable indemnity as to all costs, 
charges and expenses incurred in and about the ac- 

(A) Vasper v. Eddomg, Holt, B., N. S. 458, 459; 12 W. R. 61; 

N. P. 257; ISalk. 248. 9 L, T., N. S. 291. But see 

(i) Per Wightman, J., in Ban- Rvusell v. Rider, 6 C. & P. 416. 

nhter v. Hyde, 2 E. & E., at p. (/) Bannuter v. Hyde, 2 E. & 

(!31. See Srtann v. Falnwuth, 8 E. 627; 29 L. J., Q. B. 141. 

B. & C. 456. (to) Xerby v. Harding, 6 Ex. 

(A) £ldridge v. Stacey, 15 C. 234; 20 L. J., Ex. 163. 

M 2 





tion(n)) against tlie offender or offenders in any sucli 
rescue or poundbreach, anj or either of them, or against 
the owner of the goods distrained^ in case the same be 
afterwards found to have come to his use or posses- 
sion." The landlord may seize again the rescued goods 
wherever he may happen to find them, if he can do so 
without breach of the peace, and upon fresh pursuit (o). 
If he abandons the distress, the tenant may retake it 
without committing a rescue (/>). 

6. Requisites to Sale under Distress. 

The goods distrained may either be sold or kept as 
a pledg e until they are replevied or the arrears of rent 
with expenses are paidl If k Is intended to sell the 
goods distrained, an inventory of them should be made, 
expressing clearly and with certainty what goods are 
taken (q), and at the foot of the inventory there should 
be written (r) a notice of the distress, stating the cause 
of taking («), and also, if the goods are distrained under 
Stat. 11 Geo. 2, c. 19, the place where they are lodged 
or deposited (t). The tenant is not bound by the state- 

(n) Stat. 5 & evict, c. 97, s. 2. 

(o) Rich V. Woolley, 7 Bing. 
651, 661. 

(7>) Dod V. Monger, 6 Mod., 
at p. 216. 

(q) Kerhy v. Harding, 6 Ex. 
234; 20 L. J., Ex. 163. See 
\S'aTieman v. Lindsey, 14 Q. B. 
625 ; 19 L. J., Q. B. 166. 

(r) Wihon v. Nightingale, 8 
Q. B. 1034 ; 15 L. J., Q. B. 309. 

(») Stat. 2 Will. & M. sesa. 1, 
c. 5, 8. 2. 

it) Stat. 11 Geo. 2, c. 19, s. 9. 
The inventory and notice may be 
in the following forms : — 

An inventory of the goods and 
chattels distrained by [A. B., 

of , by the authority and 

on behalf of] E. F., of , 

this day of , 18 — , in 

and upon the house [farm] and 
premises in the occupation of 

C. D., situate at , in the 

parish of , in the county of 

, for £ , being the 

amount of [one half-year's] 
rent due to the said E. F. in 
respect of the same premises on 

the day of , 18—. 

Goods in the I>melling-house. 
Kitchen. — One table [^describe 

similarly the furniture seized i» 

each rooml. 

Cattle in the Melds. 
Field called Thorncrqft,— One 



ment of tlie cause of taking contained in the notice, 
since he may distrain for one cause and afterwards, in 
a replevin or other action, may avow or justify for a 
different cause (u). The want of notice does not render 
a distress invalid, but the person distraining cannot 
proceed to sell the goods distrained (x). The omission 
to state in the notice that the goods are impounded 
does not make the impounding void (y). 

The inventory and notice should either be given per- 
sonally to the tenant (^r) or be left at the chief mansion- 
house or other most notorious place on the premises 

white milch cow, one bay horse, 
six Leicester ewes [describe simi- 
larly the cattle seized in each 

Showing Crops. 
Field called Holme. — About 
three acres of barley [describe 
similarly the crops in each field"] . 

To Mr. C. D. 

Take notice that [by the autho- 
rity and on behalf of Mr. E. F., 
your landlord] I have this day 
distrained, on the premises above 
mentioned, the goods and chattels 
specified in the above inventory, 

for £ , being the amount of 

[one half-year's] rent due to [me, 
or the said E. F.] in respect of the 

same premises, on the day 

of , 18 — , [which goods are 

secured upon the said premises, 
or, if removed, are lodged or 

deposited at ]. And unless 

you pay the said rent, together 
with the charges of distraining for 
the same, within five days from 
the service hereof, the said goods 
and chattels will be appraised and 
sold, according to law [in a dis- 

tress of growing crops, after the 
word " same," say, the said grow- 
ing crops, when ripe, will be cut, 
gathered, cured and laid up in 
the bam or other proper place on 
the said premises, and in conve- 
nient time sold towards satisfac- 
tion of the said rent, and of the 
charges of such distress, according 
to law]. 

Dated, &c. E. F. 

[or A. B., bailiff of 
the said E. F.] 

(m) Gwinnet v. Phillips, 3 T. 
R. 643; Crowther v. Ramsbottom, 
7 T. R. 654, 658. Judgment in 
Etherton v. Popplenell, 1 East, 
at p. 142. See Phillips v. Whit- 
sed, 2 E. & E. 804 ; 29 L. J., Q. 
B. 164; Wootley v. Gregory, 2 Y. 
& J. 536 ; Trent v. Hunt, 9 Ex. 
14 ; 22 L. J., Ex. 318. 

(«) Trent v. Hunt, 9 Ex. 14 ; 
22 L. J., Ex. 318. 

(y) Tennant v. Field, 8 E. & 
B. 336. 

(z) Walter v. Rumbal, 1 Ld. 
Raym. 53. 



Tender of rent 
and expenses 
before im- 

Tender after 

Tender on dis- 
tress of grow- 
ing crops. 

Stat. 11 Geo. 2, 
c 19, 8. 9. 

On payment 
or tender of 
rent and costs 
before crops 
are cat, dis- 
tress to cease. 

charged with the rent in respect of which the distress 
is made. 

After the goods have been seized, but before they are 
impounded, the tenant may tender the amount of rent 
actually due, and the expenses of the distress, either to 
the landlord (b) or his agent or bailiff (c), and after such 
tender it is illegal to proceed with the distress, or to 
detain the goods distrained (rf). A man left by the 
bailiff in possession has, however, no implied authority 
to receive a tender of the rent (<?). 

A tender after goods have been impounded will not 
render the subsequent detention of them illegal (y); 
but if the tender is made within five days aft«r the 
seizure tmder the distress, and the landlord subse- 
quently sells the goods, the tenant may maintain an 
action against him (^). 

If after any distress for arrears of rent taken of com, 
grass, hops, roots, fruits, pulse or other product which 
shall be growing, and at any time before the same shall 
be ripe and cut, cured or gathered, the tenant, his 
executors, administrators or assigns, shall pay or cause 
to be paid to the landlord, or to the steward or other 
person usually employed to receive the rent of such 
landlord, the whole rent which shall be then in arrear. 

(J) Smith V. Goodwin, 4 B. & 
Ad. 413. 

(c) Hatch V. Bale, 15 Q. B. 
10; 19 L. J., Q. B. 289. See 
Pllkington t. Hastings, Cro. 
Eliz. 813 ; Browne v. Povcell, 4 
Bing. 230. 

(d) Vertue v. Beasley, 1 Moo. 
& Rob. 21 ; Evans t. Elliott, 5 
A. & E. 142 ; Holland v. Bird, 
10 Biog. 16 ; Loring y, Warbur- 

ton, E.^ B. & E. 607 ; 28 L. J., Q. 
B. 31. 

(tf) Boiilton T. Reynolds, 2 E. 
&E. 369; 29 L. J., Q. B. 11. 

(/) Six Carpenters' Case, 8 
Co. R.,at p. 147; Laddv. Tho-mas, 
12 A. & E. 117; Tennant v. Field, 
8 E. & B. 3.36. See West v. Mbbs, 
4 C. B. 172; 17 L. J., C, P. 150. 

{g) Johnson v. Upham, 2 E. & 
E. 250; 28 L. J., Q. B. 263. 

RENT. 167 

together with the full costs and charges of making such 
distress, then upon such payment or lawful tender 
thereof actually made, whereby the end of such distress 
will be fully answered, the same shall cease, and the 
com, &c. so distrained shall be delivered up to the 
tenant, his executors, administrators or assigns. 

In order to constitute a legal tender it is necessary 
that the sum actually due for rent and expenses of the 
distress should be unconditionally offered to the land- 
lord (A). 

Before proceeding to sell the goods distrained, " the Appraisement, 
person distraining shall, with the sheriff or under-sheriff ^'^ ^ ^^^l- 
of the county, or with the constable of the hundred, c. 5, s. 2. 
parish or place where such distress shall be taken, who 
are hereby required to be aiding and assisting therein, 
cause the goods and chattels so distrained to be ap- 
praised by two swora appraisers, whom such sheriff, 
under-sheriff or constable are hereby empowered to 
swear to appraise the same truly, according to the best 
of their understandings." Though the rent distrained 
for does not exceed 20/., two appraisers are neces- 
sary (z). If, however, the tenant expressly requests that 
appraisers may not be called in, and the goods are ac- 
cordingly valued by the broker who made the seizure, 
the tenant cannot maintain an action for the irregu- 
larity (A). The appraisers must be reasonably com- 
petent, but need not be professional appraisers (/). 
The landlord or his bailiff must not appraise the 

(A) See Finch v. Miller, 5 C. Geo. 3, c. 93, Schedule; post, 

B. 428; Bowen v. Omen, 11 Q. B. p. 174. 

130 ; 17 L, J., Q. B. 5. (A) Bisliop v. Bryant, 6 C. & 

(i) A lien v. Flicker, 10 A. & E. P. 484. 

6iO ihnt see Fletcher \. Saunders, (l) Roden v. Eyton, 6 C. B. 

1 Moo. & Rob. 375 ; stat. 57 427; 18 L. J., C. P. 1. 



Stat. 33 & 34 
Vict. c. 97, 

goods (m). Before the appraisers make their appraise- 
ment (n), they be sworn before the constable of 
the parish or place in which the distress is taken (o), 
who must attend with them at the time of the ap- 
praisement (n). The circumstance that the constable 
of the parish is not to be found at the time when he 
is wanted for this piu^ose does not authorize the inter- 
ference of any other officer (/?). The appraisement of 
growing crops distrained imder stat. 11 Geo. 2, c. 19, 
8. 8, must not be taken before the crops are cut and 
gathered {q). 

Having valued the goods, the appraisers usually in- 
dorse on a copy of the inventory a memorandum of 
their appraisement, which must be duly stamped (r). 
The duty on appraisements {$) is as follows : — 
Where the amount of the appraisement does £ s. d. 

not exceed £5 

(iri) Andrews t. Jlvssell, Bnll. 
N. P. 81 d ; Westwood v. Cowne, 

1 Stark. 172; Lyon v. Weldon, 

2 Bing. 334. 
(«) Kenney v. May, 1 Moo. & 

Rob. 56. 

(tf) Avenell v. Croker, M. & 
ii. 172. 

( p) Per Lord Tenterden, C. J., 
in Avenell v. Croker, M. & M., at 
p. 174. 

(y) See ante, p. 160. 

Form of Appraiser's Oath. 

Yon, and each of yon, shall well 
and tmly appraise the goods and 
chattels specified in this inventory 
[the constable must show the in- 
ventory'], accordiDg to the best of 
yonr understandings. So help you 

Memorandum of Oath to be in- 
dorsed on the Inventory. — 

Memoea^dl'M. On the («) See/^o^f, p. 169 


day of , 18 — , G. H., of , 

and J. K., of , two sworn ap- 
praisers, were sworn upon the Holy 
Evangelists, by me, L. M., con- 
stable of the parish of , well 

and truly to appraise the goods 
and chattels specified in the within- 
written inventory, according to the 
best of their understandings. 
As witness my hand, 
L. M. 
Present at the time of ^ 

swearing the said G. 

H.and J.K. as above, 

and witness thereto, ' 

N. O. 

(r) Form of Appraisement to he 
indorsed on Inventory. 

"We, the undersigned G. H. and 
J. K., being duly sworn upon the 
Holy Evangelists by L. M., the 
































. 1 

RENT. 169 

Where the amount of the appraisement — 
Exceeds £5 and does not exceed £10 

a ^0 fi jf 

>» 20 „ „ 

it 30 „ „ 

i» 4U „ a 

» 50 „ „ 

» 100 

„ 200 

„ 500 ... 

7. Sale under the Distress. 

After five clear days, computed exclusively of the day 

of seizure {t), that is, five times twenty-four hours (m), 

have elapsed, provided the rent and costs of distress 

have not been paid or tendered, and the goods have not 

been replevied (a:), the landlord may " lawfully sell the Stat. 2 Will. & 

goods and chattels distrained for the best price that can g. 2. ' ' " ' 

be got for the same, towards satisfaction of the rent for 

which the said goods and chattels shall be distrained, 

and of the charges of such distress, appraisement and 

sale, leaving the overplus, if any (after payment of the 

rent and reasonable charges (y) ), in the hands of the 

said sheriff, under-sheriff or constable, for the owner's 

use (and if the goods have been removed, returning the 

constable of the parish of ,well («) The same amount of duty 

and truly to appraise the goods and was payable on appraisements 

chattels specified in the within- made before 1871, under stat. 28 

written inventory, according to the & 29 Vict. c. 96, s. 2. 

best of our understandings, having (t) RoMnson t. WaddiTiffton, 

viewed the said goods and chattels, 13 Q. B. 753 ; 18 L. J., Q. B. 250. 

do appraise the same at the sum See Wallace v. Kinff, 1 H. Bl. 13. 

of pounds. (?i) Harper v. Taswell, 6 C. & 

As witness our hands the P. 166. 

day of 18 — . (a?) Seejpoif, p. 176. 

G. H. ) Sworn (y) Lyon v. Tomkiet, 1 M. & 

J. K. ) Appraisers. W. 603. 



surplus unsdd to the premises from which the goods 
were taken (z) ). 

If the goods are not sold for the best price the tenant 
may bring an action against the landlord, and go into 
evidence to show that they were allowed to stand in 
the rain, and were improperly lotted (a); but goods 
sold at the appraised value are presumed to have been 
sold for the best price (A). It seems that there is no 
order required by law to be observed in the sale of goods 
under a distress. If the landlord distrains, among other 
goods, his tenant's cattle and beasts of the plough (c), 
it seems that he is not bound to sell the other goods first ; 
and although it turns out after the sale (judging by the 
result) that there would have been sufficient to satisfy 
the rent and expenses without selling the cattle, the 
distress is not thereby proved to be illegal, if there was 
ground for supposing, from the appraisement of com- 
petent persons, made at the time of the seiziu-e, that, 
without taking the cattle, the amount of the rent and 
expenses would not be realized (rf). Where the goods 
T/c^C. "^ of 3, lodger are distrained together with the goods of 
the tenant, and are sold first, aft«r notice from the 
lodger, and the tenant's goods turn out to be sufficient 
to satisfy the rent and charges, the lodger is entitled to 
sue for an excessive distress (e). 

It seems to be decided that a landlord who has dis- 
trained hay and straw prohibited by covenant from 
being carried off the premises, will render himself 

{z) Evant v. Wright, 2 H. & Eaym., at p. 55. 

N. 527 ; 27 L. J., Ex. 50. (c) See ante, p. 143. 

(a) Poynter \. Buckley, 5 C. {d)Jennery.Yolland,&'Pnc&,Z. 

& P. 512. (e) WilklmoH v. IbbeU, 2 F. 

(6) Walter v. Rumbal, 1 Ld, & F. 300. 

RENT. 171 

liable to an action for not selling at the best price, 
if he sells such distress subject to a condition that the 
purchaser shall consume it on the premises, by reason 
whereof it produces less than the usual price (/). 

The sale may, in general, be made either upon the Where sale 
demised premises, if the goods are impounded there, or ™*^ ® ™ 
at any other place. But com, grain or hay (ff) must 
not be " removed by the person or persons distraining, to stat. 2 Will. & 
the damage of the owner thereof, out of the place where g '^^^' ' ^' ' 
the same shall be found and seized, but be kept there. Com, &c. not 
as impounded, until the same shall be replevied or ™°^ 


Until the goods distrained are sold, the property in Property in 
them remains in the tenant (A), subject to the right of trained, 
the landlord to detain or sell them. The person dis- 
training does not acquire even the possession of the 
cattle or things distrained (z). 

Where the goods distrained are of small value, the To whom sale 
appraisers sometimes take them at their own valuation, 
a receipt written at the foot of the inventory being 
considered a sufficient discharge (A). But this practice 
is so obviously unjust to the tenant that it should not be 
adopted in any case where the goods can be profitably 
disposed of by public auction. The landlord must not 
take the goods at the appraised value. If he does, the 

(/) Ridgrvay v. Stafford, 6 ig") See ante, p. 159. 

Ex. 404; 20 L. J., Ex. 226; (A; King r. England, 4 B. & 

Boden v. Uyton, 6 C. B. 427 ; 18 S. 782 ; 33 L. J., Q. B. 145, 146 ; 

L. J., C. P. 1 ; Jones v. IJamp, Turner v. Ford, 15 M. & W. 212; 

cited in 10 M. & W. 710; 12 L. 15 L. J., Ex. 215. 

J., Ex. 322. See Abbey v. Fetch, (i) Rex y. Cotton, Parker, at 

8 M. & W. 419; 10 L. J., Ex. p. 121; Turner v. Ford, 15 M. St 

455 ; IfVusher v. Lee, 10 M. & W. W. 212. 

709 ; 12 L. J., Ex. 321. (*) See Bollen on Distress, 160. 



When sale 
may be made. 

of sale. 

transaction will not be considered as a sale, and the 
property in the goods will not be divested from the 
tenant or owner (/); unless they belong to the tenant, 
and are so taken with his consent (w). 

If the sale is made before the expiration of five clear 
days, and actual damage is thereby occasioned to the 
tenant, he may maintain an action against the land- 
lord (n); but the tenant is not entitled to a verdict 
unless he proves actual damage (n). It is lawful for 
the landlord, and those acting under him, to remain 
more than five days on the premises for the purpose of 
selling the goods distrained (o). If, however, the sale is 
not made, or the goods are not removed from the pre- 
mises, within a reasonable time (o) after the expiration 
of the five days, the landlord will be liable to an action 
of trespass by the tenant (/>). It must be left to the 
jury to say what is a reasonable time ; in one case, 
where the distress was made on April 14th, and the 
sale on April 27th, the jury found that the sale was 
made within a reasonable time (o). 

The sale is often postponed at the request of the 
tenant (5-), from whom the landlord should invariably 
obtain a written consent to his remaining on the pre- 
mises (r). 

(?) Xing T. England, 4 B. & S. 
782 ; 33 L. J., Q. B. 145. 

(m) See judgment of Black- 
burn, J., 33 L. J., Q. B., at p. 146. 

(w) Lucas V. Tarleton, 3 H. 
& N. 116; 27 L. J., Ex. 246; 
Rodgers v. Parker, 18 C. B. 
112 ; 25 L. J., C. P. 220 ; post, 
p. 181. 

(o) Pitt V. Shew, 4 B. & A. 

ip) GriffinT. Scott, 2 Ld. Raym. 
1424 ; Winterboume t. Morgan, 
11 East, 395. 

(<7) See Harrison v. Barry, 7 
Price, 690; Fisher v. Algar, 2 C. 
& P. 374. 

(r) Form of Consent. 
To [Mr. A. B., bailifif of] Mr. E. F. 

I hereby consent that yon shall 
remain in possession of the goods 
and chattels which you have dis- 

BENT. 173 

Standing com and growing crops cannot legally be Growing crops, 
sold until they are ripe (5) ; but if no damage has been 
sustained by the premature sale, the tenant cannot re- 
cover even nominal damages (^). 

8. Costs of Distress. 

No person whatsoever making any distress for rent Costs of dis- 

where the sum demanded and due shaU not exceed the ^^^^' 

„ T /. 1 Stat. 57 Geo. 3, 

sum 01 twenty pounds for such rent, nor any person c. 93, s. 1. 

whatsoever employed in any manner in making such Costs of dis- 

. tresses under 

distress, or doing any act whatsoever m the course of 20^. not to ex- 
such distress, or for carrying the same into effect, shall ^le.^^" * 
receive out of the produce of the goods or chattels dis- 
trained upon and sold, or from the tenant distrained on, 
or from the landlord, or from any other person whatso- 
ever, any other or more costs and charges for such dis- 
tress, or any matter or thing done therein, than such as 
are fixed in the schedule hereunto annexed and appro- 
priated to each act which shall have been done in the 
course of such distress ; and no person whatsoever shaU 
make any charge whatsoever for any act, matter or 
thing mentioned in the said schedule, unless such act 
shall have been really done. 

trained for rent upon the premises to be part of the charges of the 

in my occupation, and shall keep said distress, and shall be recover- 

the said goods and chattels in the able as such. Witness my hand 

place where they are now im- this day of , 18 — . 

pounded for the space of C. D. 

days from the date hereof, in order (<) Stat. 11 Geo. 2, c. 19, s. 8 ; 

to enable me to discharge the said ante, p. 160 ; Owen v. Legh, 3 B. 

rent and costs of the distress. & A. 470. 

And I hereby agree that the ex- (t) Rodgen v. Parker, 18 C. 

penscs of keeping possession of B. 112j 25 L. J., C. P. 220; 

the said goods and chattels for the Proudlove v. Ttvemlow, 1 Cr. & 

space aforesaid shall be deemed M. 326. 



Sect. 2. 

Ilemedy for 



Stat. 1 & 2 
Ph. & M. c 12, 


Charge for 
imponnding in 
public pound. 

2 6 


Levying distress ...... 

]\fan in possession, per day .... 

Appraisement, whether by one broker or more, 
6d. in the pound on the value of the goods. 
Stamp, the la\\-ful amount thereof. 
All expenses of advertisements, if any such 
Catalogues, sale and commission, and delivery 
of goods, Is. in the pound on the net pro- 
duce of the sale. 

If any person shall in any manner levy, take or re- 
ceive any other or greater costs and charges than are 
mentioned in the said schedule, or make any charge 
whatsoever for any act, matter or thing mentioned in 
the said schedule, and not really done, it shall be lawful 
for the party aggrieved by such practices to apply to (a 
justice of the peace, who may order) treble the amount 
of the moneys so unlawfully taken to be paid by the 
person so having acted to the party who shall have pre- 
ferred his complaint thereof, together with full costs. 

No person shall take for keeping in pound, impound- 
ing or poundage of .any manner of distress above the 
sum of foui-pence for any one whole distress that shall 
be so impounded; and where less hath been used, there 
to take less; upon the pain of five pounds, to be paid to 
the party grieved, over and beside such money as he 
shall take above the siun of fourpence. 

This section only applies to cases where the goods 
distrained are taken to a public pound {x). The costs 
of a distress for arrears of rent exceeding 20/., where the 
distress is impounded on the premises, are not regulated 
by statute (y). 

(a?) Per Lord Denman, C. J., 
in Child v. Chamberlain, 6 B. & 
Ad., at p. 1051. 

(y) See Child v. Chamberlain, 
6 B. & Ad. 1049. 

RENT. 175 

Every broker or other person who shall make and levy Stat. 57 Geo. 3, 
any distress whatsoever, shall give a copy of his charges, ' ' .' .^ 
and of all the costs and charges of any distress what- copy of charges 

-to per8f)n on 

soever, signed by him, to the person or persons on whose whose goods 
goods and chattels any distress shall be levied, although t^airTed. ^^ 
the amount of the rent demanded shall exceed the sum 
of twenty pounds. 

A landlord who does not personally interfere in 
making a distress, is not liable for the neglect of the 
broker to dehver a copy of his charges pursuant to this 
section (z). 

9. Remedies for Illegal Distresses. 

A distress is illegal in the following cases: — Where Instances of 
no rent for which a distress can be made is due and in 
arrear (a) ; where no tenancy exists between the owner 
of the goods and the person distraining {h)\ where a 
valid tender of the rent due has been made before 
seizure (c); where the distress is made before sunrise 
or after sunset {d); where an unlawful entry is made (e); 
where goods are seized which are privileged from dis- 
tress (/), or which are not upon the demised pre- 
mises {g') ; where a second distress is vexatiously made 
for rent previously distrained for (A). 

In these cases the tenant may lawiully rescue the Rescue, 
goods, or take them out of the hands of the person dis- 

(z) Hart V. Leach, 1 M. & W. the subsequent detention of the 

560. goods illegal, ante, p. 166. 

(o) See LocJtier v. Paterson, 1 (<i) Ante, p. 150. 

C. & K. 271 ; ante, p. 131 ; post, («) Attack v. Bramwell, 3 B. 

p. 178. & S. 520; 32 L. J., Q. B. 14G; 

(A) See Yaites v. Tearle, 6 Q. a«f<!, p. 155. 

B. 282 ; 13 L. J., Q. B. 289. (/) Ante, pp. 138—144. 

(<j) Ante, p. 154. A tender of (^) Ante, p. 144. 

rent and expenses after seizure, (A) Ante, p. 157. 
but before impounding, renders 




Proceedings in 

Stat. 19 & 20 
Vict. c. 108, 
s. 63. 

Kegistrar of 
County Court 
to grant re- 

Sect. 64. 

training, at any time before they are impounded (i), 
provided this can be done without occasioning a breach 
of the peace. 

The tenant may obtain restitution of goods wrong- 
fully taken out of his possession under an illegal dis- 
tress by suing out a replevin, which he may do at any 
time before the goods distrained are sold, although they 
may have been removed from the demised premises or 
appraised (k). This remedy is not applicable to cases 
where fixtures, deeds, or animals feres naturce (J), are 
wrongfully distrained, or to irregular or excessive dis- 
tresses. If the chattels distrained have been delivered 
to the plaintiff on the replevin, as is the usual practice, 
the damages recoverable by him are generally confined 
to the expenses of the replevin bond {m). He cannot 
in this form of action recover substantial damages for 
the wrongfiil taking, and after judgment in replevin he 
is precluded from bringing any other action in respect 
of the same distress (n). 

The registrar of the County Court of the district in 
which any distress subject to replevin shall be taken 
shall be empowered, subject to the regulations herein- 
after contained, to approve of replevin bonds and to grant 
replevins, and to issue all necessary process in relation 
thereto, and such process shall be executed by the high 

Such registrar shall, at the instance of the party 

(i) Per Bramwell, B., in Keen 
V. Priest, 4 H. & N., at p. 240. 

(A) Jacob V. King, 5 Taunt. 

(0 Mblet V. Sviith, 4 T. R. 
604 ; Darby v. Harris, 10 L. J., 
Q. B., at p. 295; Bac. Abr. Re- 
plevin (F); Woodfall, L. & T. 789. 

(m) Roscoe's Evidence, 683 
(11th ed.). 

(n) Phillips. V. Bern/man, 3 
Dongl. 286; 1 Selw. N. P. 679. 
See Pease v. Cluiytor, 1 B. & S. 
658; 31 L. J., M. C. 1; 3 B. & S. 
620; 32 L. J., M. C. 121; Wood- 
faU, L. & T. 796. 

RENT. 177 

whose goods shall have been distrained, cause the same 
to be replevied to such i)arty, on his giving one or other On secnrity 
of such securities as are mentioned in the next two 
succeeding sections. 

If the replevisor shall wish to commence proceedings Sect. 65. 
in any supei'ior Court, he shall, at the time of replevy- Conditions of 
ing, give security, to be approved of by the registrar, commence 
for such an amount as such registrar shall deem suf- nor Ck>urt. 
ficient to cover the alleged rent in respect of which the 
distress shall have been made and the probable costs of 
the cause in a superior Court, conditioned to commence 
an action of replevin against the distrainor in such 
superior Court as shall be named in the security, within 
one week from the date thereof, and to prosecute such 
action with effect and without delay, and, unless judg- 
ment thereon be obtained by default, to prove before 
such superior. Comrt that he had good ground for 
believing either that the title to some corporeal or in- 
corporeal hereditament, or to some toll, market, fair or 
fi-anchise was in question, or that such rent exceeded 
twenty pounds, and to make return of the goods, if a 
return thereof shall be adjudged. 

If the replevisor shall wish to commence proceedings Sect. 66. 

in a County Court (these Courts have iurisdiction to try Conditions of 

, . . , secnnty to 

actions of replevin although title may be in question (o) ), commence 

he shall, at the time of replevying, give security (at the County Court. 

cost of the party giving it, and in the form of a bond, 

with sureties to the other party, or intended party in the 

action (sect. 70) ), to be approved of by the registrar, for 

such an amount as such registrar shall deem sufficient to 

cover the alleged rent in respect of which the distress 

(o) Reg. V. Raines, 1 E. & B. ham v. Akers, 4 B. & S. 578 j 
855 ; 22 L. J., Q. B. 223 ; Ford- 33 L. J., Q. B. 67. 

F. N 



Sect. 71. 

Security may 
be by deposit 
with memo- 

Remedy for 
distress where 
no rent is due. 

shall have been made and the probable costs of the cause 
in the County Court, conditioned to commence an action 
of replevin against the distrainer in the County Court 
of the district in which the distress shall have been 
taken, witliin one month from the date of the security, 
and to prosecute such action ^vith eflfect and without 
delay, and to make return of the goods, if a return 
thereof shall be adjudged. 

Where by this act a party is required to give security 
he may, in lieu thereof, deposit with the registrar, if the 
security is required to be given in a County Court, or 
with a master of the superior Court, if the security is 
required to be given in such Court, a sum equal in 
amount to the sum for which he would be required to 
give security, together with a memorandum, to be 
approved of by such registrar or master, and to be 
signed by such party, his attorney or agent, setting 
forth the conditions on which such money is deposited, 
and the registrar or master shall give to the party pay-^ 
ing a written acknowledgment of such payment, and 
the judge may order such sum to be paid out to such 
party as to him shall seem just. 

Security having been duly given, the registrar will 
issue his Avarrant to the bailiff directing him to replevy 
and deliver the goods and chattels to the replevisor, and 
the bailiff will execute such warrant accordingly, and 
make a return to that effect (/?). After goods taken in 
distress for rent have been replevied, the person distrain- 
ing has no lien on them at law or in equity, but is left 
to his remedy on the replevin bond (y). 

If a distress and sale " shall be made for rent pretended 
to be in arrear and due, where no rent is in arrear or 

(2>) WoodfaU, L. & T. 806. 

(q) Bradyll v. Bail, 1 Bro. 
C. C. 427. 

BENT. 170 

due to the person distraining or to him in whose name Stat. 2 Will. 

& I^I 8CSS* 1 

or riglit such distress shall be taken, then the owner of c. 5, s. 5. ' 

such goods or chattels distrained and sold, his executors Owner may 

. , 1 • r recover double 

or admmistrators, may, by action oi trespass, or upon value of goods 

the case, to be brought against the person so distraining, ^ ' 

his executors or administrators, recover double the value 

of the goods or chattels so distrained and sold, together 

with full costs of suit." 

In other cases of illegal distress for rent the tenant Remedy in 
may, by action, recover from the person on whose behalf of illegal dis- 
the distress is made the full value of the goods and ^^^^' 
chattels distrained, without deducting the arrears of 
rent (r), unless there are circumstances of mitigation 
which the jury ought to take into consideration (s). 
The fact that the tenant has had part satisfaction by 
the return of the goods, may be used in mitigation of 
damages (s). 

On complaint made to any of the (police) magistrates Remedy for 
by any person who shall, within the metropolitan police tresses in me- 
district, have occupied any house or lodging by the *''^°]?°^^dr°trict. 
week or month, or whereof the rent does not exceed stat. 2 & 3 
fifl«en pounds by the year, that his goods have been J gg ^' ^^* 
taken from him by an unlawful distress, or that the land- 
lord, or his broker, has been guilty of any irregularity 
or excess in respect of such distress, such magistrate 
(may) summon the party complained against; and if 
upon the hearing of the matter it shall appear to the 
magistrate that such distress was improperly taken, or 
unfairly disposed of, or that the charges made by the 
party having distrained are contrary to law, or that the 

(r) Keen v. Priest, 4 H. & N. 34 L. J., C. P. 102. 

286; 28 L. J., Ex. 157; Attack («) Per Willes, J., in JBlf»Mm<i- 

T. Bramwell, 3 B. & S. 520 ; 32 son v. JSTuttall, 34 L. J., C. P., at 

L. J., Q. B. 146. See Edmondion p. 104 ; Harvey v. Pocook, 11 M. 

V. Nuttall, 17 C. B., N. S. 280; & W. 740; 12 L. J, Ex. 434. 




proceeds of the sale of such distress hare not been duly 
accounted for to the owner tlicreof, it shall be lawfid 
for the niagistmte to order the distress so taken, if not 
sold, to be returned to the tenant on payment of the 
rent at such time as the magistrate shall appoint, or if 
the disti'ess shall have been sold, to order payment to 
the tenant of the value thereof, deducting thereout the 
rent, such value to be determined by the magistrate, 
and such landlord, or party complained against, in de- 
fault of compliance with any such order, shall forfeit to 
the party aggrieved the value of such distress, not 
being greater than fifteen pounds, such value to be 
determined by the magistrate. 

10. Remedy for Irregular Distresses. 

A distress made for rent justly due is irregular in 
the following cases: — "Where the goods distrained are 
sold without a proper notice, or without a regular ap- 
praisement (m) ; or before the expiration of five days 
fi'om the notice (a:); also where, owing to the neglect 
or improper conduct of the person distraining, the 
goods distrained are not sold for the best price that 
can be got for the same (y) ; or where the surplus pro- 
duce of the sale, after paying the rent and costs, is not 
left in the hands of the sheriff, under-sheriff or constable 
for the owner's use (z). 

Where any distress shall be made for any kind of 
19 ^l, 19 ^^^^ justly due, and any irregularity or imlawful act shall 
be afterwards done by the party distraining, or by his 

Instances of 
irregular dis- 


(»<) Biggins v. Goode, 2 Cr. & 
J. 364; Knight v. Egerton, 7 Ex. 
407. See Knottt v. Curtis, 5 C. 
& P. 322. 

• (ar) See ante, p. 169 ; Wallace 
T. King, 1 H. BL 13; Lucas v. 

Tarleton, 3 H, & N, 116. 

(y) Ante, p. 170. 

(c) Ante, p. 1G9. As to ac- 
tions for excessive distresses, see 
ante, p. 156. 

RENT. 181 

agents, the distress itself shall not be deemed to be un- Distress not to 

lawful, nor the pai-ty making it be therefore deemed a unlawful by 

trespasser ab initio ; but the party aggrieved by such i^egulanty. 

unlawful act or irregularity may recover full satisfaction grieved may . 

for the special damage he shall have sustained thereby, damage only 

and no more, in any action of trespass, or on the case. 

Where the plaintiff shall recover in such action, he 

shall be paid his full costs of suit. 

■ No tenant shall recover in any action for any such Sect. 20. 

unlawful act or irregularity as aforesaid, if tender of ''^^°^* I^P* *** 

° •' ... . recover if 

amends hath been made by the party distraining, or his tender of 

, t f, 1 . , , ^ amends made 

agent, beiore such action brought. before action. 

Without proof of actual damage, the plaintiff in an 

action for an irregular distress is not entitled even to 

a verdict for nominal damages (a). The measure of 

damages in the action is the value of the goods dis~ 

trained, after deducting the amount of rent due {b). 

(b) Remedy on Execution against Tenant, 

No goods or chattels whatsoever (by whomsoever Stat. 8 Anne, 
ovnied (e) ), being in or upon any messuage, lands or ' ' * ' 
tenements, which shall be leased for life, term of years, removed nnder 
at will or otherwise, shall be liable to be taken by virtue one year's rent 
of any execution (issued by a third person, and not by |^ ^^'^ ^ ^^^^ 
the landlord himself (c?)), unless the party, at whose 
suit the said execution is sued out, shall before the re~ 
moval of such goods from off the said premises, by virtue 
of such execution, pay to the landlord of the said pre- 

(a) Rodger s v. Parker, 18 C. Cr. & J. 364; Knight v. Egerion, 

B. 112; 25 L. J., C. P. 220; 7 Ex. 407. 

Lucas v. Tarleton, 3 II. & N. (c) Forster y. Cooksan, 1 Q. B. 

116; 27 L. J., Ex. 246; but sco 419; 10 L. J., Q. B. 167. 

ante, p. 157, note (n). (d) Taylor v. Lanyon, 6 Bing« 

(J) WkUwoHh V. Maden, 2 C. 536, 544. 
& K. 517; Biggins v. Goodc, 2 


miees or lus bailiif, all siich suras of money as shall be 
due for rent (e), for the said premises (under an existing 
tenancy (^), at a rent certain {g) ), at the time of the 
taking such goods or chattels by virtue of such execu- 
tion (rent accruing after the taking and during the 
continuance of the sheriff in possession cannot be 
claimed under tliis statute (Ji) ) : Provided the said ar- 
rears of rent do not amount to more than one yearns 
(full (z) ) rent ; and in case the said arrears shall exceed 
one year's rent, then the said party at whose suit such 
execution is sued out, paying the said landlord or his 
bailiff one year's rent, may proceed to execute his judg- 
ment, as he might have done before the making of this 
act ; and the sheriff or other officer is hereby empowered 
and required to levy and pay to the plaintiff as well the 
money so paid for rent as the execution money (A). 

Stat 7 & 8 No landlord of any tenement let at a weekly rent 

Vict c 96 

B^ 67' ■ ' shall have any claim or lien upon any goods taken in 

Landlord of execution under the process of any court of law for 
weekly tenant ri r ^ , e . :i t ■> 

to claim four more than lour weeks arrears oi rent; and u such 

Treks' arrears tenement shall be let for any other tei-m less than a. 
year, the landlord shall not have any claim or Hen on 
such goods for more than the arrears of rent accruing 
during four such terms or times of payment. 

Dnty of sheriff. The sheriff must first levy for the rent and then for 
the execution (/). He infringes the statute, and renders 

(«) See Yates v. Ratledge, 5 M. & Gr. 449 ; 13 L. J., C. P. 

H. & N. 249 ; 29 L. J., Ex. 117. 177. 

(/) Hodgson v. Gascoigne, 5 (J) Williams x.Lemsq/,9i'B\xig. 

B. & A. 88. 28. 

(^) Riseley \. liyle, 11 M. & (*) This enactment does not 

W. 16 ; 12 L. J., Ex. 322. See apply to goods taken in execution 

10 M. & W. 101 ; 11 L. J., Ex. under the warrant of a Comity 

886. Court. See jfost, p. 184. 

(A) Hoskins v. Knight, 1 M. & (Z) Colyer v. S^eer, 2 B. & B. 

S. 245 ; Reynolds v. Barford, 7 67, 70. 



himself liable to an action by the landlord, if, after 
notice of rent in arrear, he removes any of the goods 
without retaining that rent (m). He is not bound to 
find out what rent is due to the landlord ; the latter 
ought to inform him(w). It appears, however, that 
express notice to the sheriif is not necessary, and that 
he will be liable if he sells and removes the goods, 
without retaining the rent, knowing that it is due (o). 
There is no ground for an action against the sheriff 
unless there has been an actual or constructive removal 
of the goods ( p). Neither the removal of the goods 
from the premises, nor a bond fide sale of them, will 
prevent the landlord from putting in his claim, so 
long as the money produced by such sale remains in 
the hands of the sheriff(5'). An apphcation may be 
made to a judge for an order to compel the sheriff 
to pay the arrears of rent out of the proceeds of the 
levy in his hands (r). The law casts on the sheriff 
the responsibility of ascertaining that the rent is really 

{m) Judgment in Colyer v. 
Speer, 2 B. & B., at p. 69. 

(«) Smith T. Russell, 3 Tannt. 
400; Oanler v. Chaplin, 2 Ex. 
603; 18 L. J., Ex. 42; Colyer v. 
Speer, 2 Br. & B., at p. 69. 
Notice may be given by the land- 
lord in the following form : — 
To the sheriff of the county of 
-. , and to his officer. 

Take notice, that there is owing 
to me from my tenant, C. D., of 

, the sum of £ , for [one 

year's] rent, due on the day 

of last, in respect of the house 

{or farm] at , in the county 

of , in his occupation ; and I 

require you not to remove the 
goods seized by yoa in execution 

in the said house [or upon the 
said farm] until the said arrears 
of rent have been paid. 

Dated this day of , 



(o) See per Parke, B., in iZiaeZey 
v. Ryle, 11 M. & W., at p. 20; 
12 L. J., Ex., at p. 824 ; Andrews 
V. Dixon, 3 B. & A. 645 ; Arnitt 
V. Oamett, 3 B. & A. 440. 

( jt;) Sniallman v. Pollard, 6 M. 
& Gr. 1001; 13 L. J., C. P. 116. 

(j) Arnitt v. Oarnett, 3 B. & 
A. 440. 

(r) Arnitt v. Garnettt, 3 B. & 
A. 440; Yates v. Ratledge, 5 H. 
& N. 249, 262; 29 L. J., Ex. 117. 


due, and he has a right to sec the lease {s) ; but he is 
not called upon by law to advance money to pay the 
rent. Such advance must be made by the execution 
creditor, and if he neglects to make it, after notice of 
the rent being due, the sheriff cannot be called upon 
to sell the goods, let their value be what it will. 
Until the rent is paid, there are no goods out of which 
the sheriff is bound to levy, that is, which he is bound 
to sell (t). 

It seems that if, under an execution against a 
tenant, the sheriff takes fixtures belonging to the land- 
lord, the Court of Chancery will interfere to prevent 
him from so doing, although it is not alleged that 
the removal of such fixtures will occasion irreparable 
damage (?^). 
Stat. 14 & 15 Growing crops of the tenant of any farm seized and 

^ * . * ' ■ ■ sold by any sheriff by virtue of any writ of execution. 
Growing crops ^ j j ./ 

seized and sold SO long as the same shall remain on the farm or lands, 
tion to be shall, in de&ult of sufficient distress of the goods and 

Sbi ^c^"*^ chattels of the tenant, be liable to the rent which may 
accruing. become due after any such seizure and sale, and to the 

remedies by distress for recovery of such rent, notwith- 
standing any bargain and sale or assignment which may 
have been made of such growing crops by any such 
Stat. 19 & 20 Sect. 1 of the act of 8 Anne, c. 14, shall not apply to 
g 75' ■ ' goods taken in execution imder the warrant of a county 
Where goods court ; but the landlord of any tenement in w^hich any 
under warrant such goods shall be SO taken may claim the rent thereof 
of cMinty g^^ g^jjy. ^jjjjg withlu Avc clear days from the date of such 

courts landlord 

(«) Avgustien v. Challis, 1 Ex. Mliite v. Binstead, 13 C. B., at 

279, 280 ; 17 L. J., Ex. 73. p. 307 ; 22 L. J., C. P. 115. 

(t) Per Lord Denman, C. J., in (w) liichardson v. Ardley, 38 

Cocker T. Mmgrove, 9 Q. B., at L. J., Ch. 508, 509. 
p. 235 ; 15 L. J., Q. B. 3G5 ; see 

BENT. 185 

taking, or before the removal of the goods, by delivering may claim cer- 
to the officer making the levy any writing signed by rent, 
himself or liis agent which shall state the amount of 
rent claimed to be in arrear, and the time for and in 
respect of which such rent is due ; and if such claim 
be made, the officer making the levy shall, in addition 
thereto, distrain for the rent so claimed and the costs 
of such distress, and shaU not within five days next 
after such distress sell any part of the goods taken, 
unless they be of a perishable nature, or upon the re- 
quest in Avriting of the party whose goods shall have 
been taken ; and the bailiff shall afterwards sell such of 
the goods under the execution and distress as shall 
satisfy, first, the costs of the sale, next the claim of 
such landlord, not exceeding the rent of four weeks Such arrears 
where the tenement is let by the week ; the rent of two Tn weekk^*^ 
terms of payment where the tenement is let for any tenancy, rent 

^ •' •'of four weeks; 

other term less than a year ; and the rent of one year in tenancy for 

in any other case ; and, lastly, the amount for which year, rent of 

the warrant issued : and if any replevin be made of the ^^e™f and 

ffoods so taken, the bailiff shall, notwithstanding, seU ^° ^y ^'^^"^ , 
'^ _ _ o' case, one year's 

such portion thereof as will satisfy the costs of and rent, 
incident to the sale under the execution and the amount 
for which the warrant issued ; and in either event the 
overplus of the sale, if any, and the residue of the goods 
shall be returned to the defendant. 

(c) Remedy on bankruptcy of Tenant. 

Upon the bankruptcy of the tenant the landlord 
should distrain for his rent {x). He may do this at any 
time while the tenant's goods remain on the premises, 

(«) See Qethin v. Wllkst 2 Dowl. 189. 



Stat. 32 & 33 
Vict. c. 71, 

Distress levied 
after com- 
mencemeni of 
bankruptcy to 
be available 
for one year's 
rent only. 

notwltlistanding tlie messenger is in possession (y), and' 
even after the goods have been sold by the assignees (z). 
If the landloi-d permits the goods to be removed from 
the premises without distraining, he can only be con- 
sidered as a common creditor, and must come in pro' 
raid (a). 

The landlord, or other person to whom any rent is' 
due from the bankrupt, may at any time, either before' 
or after the commencement of the bankruptcy, distrain 
upon the goods or effects of the bankrupt for the rent 
due to him from the bankrupt (i), with this limitation, 
that if such distress for rent be levied afi«r the com- 
mencement of the bankruptcy (c), it shall be available 
only for one year's rent accrued due prior to the date of 
the order of adjudication; but the landlord or other 
person to whom the rent may be due from the bankrupt 
may prove under the bankruptcy for the overplus due 
for which the distress may not have been available. 

(y) Ex parte drove, 1 Atk. 
104 ; Briggs v. Somry, 8 M. & 
W. 729. 

(z) Ex parte Plummer, 1 Atk. 

(«) Ex parte Descharmes, 1 
Atk. 103. 

(J) See Brocklehurst v. Lawe, 
7 E. & B. 176 ; 26 L. J., Q. B. 

(c) See Ex parte Bayly, 22 L. 
J., Bank. 26 ; Paull v. Best, 3 B. 
& S. 537; 32 L. J., Q. B. 96. 
The bankruptcy of a debtor shall 
be deemed to commence at the 
time of the act of bankruptcy being 
completed on which the order is 
made adjudging him to be bank- 
rupt ; or if the bankrupt is proved 

to have committed more acts of 
bankruptcy than one, to commence 
at the time of the first of the acts 
of bankruptcy that may be proved 
to have been committed by the 
bankrupt within twelve months 
next preceding the order of adjn. 
dication ; but the bankruptcy shall 
not relate to any prior act of bank- 
ruptcy, unless it be that at the 
time of committing such prior act 
the bankrupt was indebted to some 
creditor or creditors in a sum or 
sums sufficient to support a peti- 
tion in bankruptcy, and unless 
such debt or debts are still remain- 
ing due at the time of the adjudi- 
cation. (Sect. 11.) 

RENT. 187 

When any rent or other payment falls due at stated Sect. 35. 
periods, and the order of adjudication is made at any landlord may 

^ . . prove for pro- 

time other than one of such periods, the person entitled portionate part 

1 /. . of tfhe rent.' 

to such rent or payment may prove lor a proportionate 

part thereof up to the day of the adjudication, as if such 

rent or payment grew due from day to day(c?). 

The trustee under a liquidation shall have the same Sect. 126 (7). 

powers and perform the same duties as a trustee under ^'revisions of 
'^ r act to apply to 

a bankruptcy, and the property of the debtor shall be liquidation by 

distributed in the same manner as in a bankruptcy; 
and, with the modification hereinafter mentioned (e), all 
the provisions of this act shall, so far as the same are 
applicable, apply to the case of a liquidation by arrange- 
ment, in the same manner as if the word " bankrupt" 
included a debtor whose afiairs are under hquidation, 
and the word "bankruptcy" included liquidation by 
arrangement; and in construing such provisions the 
appointment of the trustee under a liquidation shall, 
according to circumstances, be deemed to be equivalent 
to and a substitute for the presentation of a petition in 
bankruptcy, or the service of such petition, or an order 
of adjudication in bankruptcy. 

(d) Remedy by Action. 

All actions of debt for rent upon an indenture of Stat. 3 & 4 

demise, all actions of covenant or debt upon any bond g 3 ' ' ' "' 

or other specialty, shall be commenced and sued within If lease is by 

twenty years (/) after the cause of such actions {g), but be brought 

not after. ^*^^° t^^''*^ 


(rf) See ante, p. 127! N. C. 679; Sims v. Thomat, 12 A. 

(e) Relating to provisions with & E. 536 ; Grant t. Elli»i 9 M. & 

reference to the close of the bank- W. 113. 

mptcy, discharge of the bankrupt, {g) Except in case of the dis- 

&c., see sect. 126 (9). ability or absence beyond seas of 

(/) Paget v. Foley, 2 Bing., the person entitled to auch action, 


Stat. 3 & 4 No arrears of rent shall be recovered by any action 

Will. 4 c. 27 ... J •! 

8. 42. ' ' but within six years next after the same shall have 

If lease not by become due, or next after an acknowledgment of the 

(lec<l, within . • . i n i 

bIx years. same in wntmg shall have been given to the person 

entitled thereto or his agent, signed by the person by 

whom the same was payable or his agent. 

Actions for Where the lease is not by deed, the action may be 

lease is not by either for rent on the special contract (/i) or for use 

' and occupation. 

Action for use Where premises have been entered upon and occu- 

tion. '^ pied(0 by one person as tenant to another, under a 

contract, express or implied, to pay for the occupa- 

Stat. 11 Geo. 2, tion (A), " it shall be lawful for the landlord, where 

^ ' * * the agreement is not by deed, to recover a reason- 
Where agree- ° . . •' 

ment is not by able satisfaction for the lands, tenements or heredi- 
may recover taments held or occupied by the defendant, in an 
'^^tM^^ti^ action on the case, for the use and occupation of 
what was so held or enjoyed ; and if in evidence on 
the trial of such action any parol demise or any agree- 
ment (not being by deed), whereon a certain rent was 
reserved, shall appear, the plaintiff shall not therefore 
be nonsuited, but may make use thereof as an evi- 
dence of the quantum of the damages to be recovered." 
Under this form of action the measure of damages 
recoverable is the rent, where a rent has been agreed 
upon ; and where no rent has been agreed upon, such 

or in case an acknowledgment has Cr. & J. 391 ; How v. Kennett, 8 

been made either in writing, signed A. & E. 659 ; Lowe v. Ross, 5 Ex. 

by the person liable by virtue of 553; 19 L. J., Ex. 318; Townev. 

such indenture, or his agent, or by D'Heinriche, 13 C. B, 892 ; 22 

part payment, or part satisfaction. L. J., C. P. 219. See Smith v. 

See sects. 4, 5. Twoart, 2 M. & Gr. 841. 

(7t) For the evidence in this (A) See jndgmentof Bayley, J., 

action, see Roscoe's Evidence, 447 in Hall v. Burgess, 5 B. & C., at 

(11th ed,). p. 333 ; Smith y. Mdridge, 15 C. 

(i) See Edge v. Strafford, 1 B. 236. 


sum as the jury may find the occupation to be 
worth (/). 

If the lease is by deed, the action may be either for Actions for 
rent on the indenture or on a covenant for payment of lease is bv 
rent (m). '^e^^- 

Sect. II. — Repairs. 


(1) Where there is no express agreement .. 189 

Obligations of tenants at will, or from year to year . . 189 
„ tenants for years or life .. .. ..190 

„ landlord 190 

(2) Where there is an express agreement . . . . . . . . 191 

Construction of general covenant to repair .. ..191 

„ covenant to put into repair .. .. 193 

„ covenant to keep in repair .. ..193 

„ conditional covenant to repair .. ..195 

„ special agreements to repair . . . . 195 

Measure of damages for breach of covenant .. ..197 

(1) Where there is no express Agreement. 

A tenant jfrom year to year of a house is bound to Obligations of 
keep it wind and water-tight (n), to use it in a tenant- ^^ from year to 
like manner (o), and to make fair and tenantable re- y^""- 
pairs, such as putting in windows or doors that have 
been broken by him(jo). He must not commit any 
waste (;?), but he cannot be compelled to replace 
doors, windows or stairs worn out with age {q)^ or to 

(Z) Mayor of Thetford v. Tyler, & P. 327. 

8 Q. B., at p. 100. For the cvi- (o) Horsefall v. Mather, Holt, 

dcnce in this action, see lloscoe's N. P. 7. 

Evidence, 162 (11th ed.). (;^) Per Lord Kenyon, C. J., in 

{in) For the evidence in these Ferguson v. , 2 Esp. 590. 

actions, see Koscoe's Evidence, {q) Auivorth v. Johnson, 5 C. 

425, 447 ( 1 1th ed.). & P. 239. See Torriano v. Young, 

(») Auworth V. Johnson, 5 C. 6 C. & P. 8 ; Martin v. Gillutm, 

& P. 239 ; Leach v. TJunnas, 7 C. 7 A. & E. 540. 



Obligations of 
tenants for 
years or life. 

Stat. 14 Geo. 3, 
c. 78, 8. 86. 

No action 
for accidental 

Obligations of 

re-roof the house, renew the main timbers, or execute 
other general or substantial repairs (.s). 

Tenants for terms of years, or for life, are under a 
more extensive obligation to repair, since it appears 
that they are hable for permissive waste {t). 

No action, suit or process whatsoever shall be main- 
tained against any person in whose house, chamber, 
stable, bam or other building, or on whose estate any 
fire shall accidentally {i. e., as the result of chance, and 
not of negligence or want of reasonable care (m) ) begin; 
nor shall any recompense be made by such person for 
any damage suffered thereby, any law, usage or custom 
to the contrary notwithstanding: provided that no con- 
tract or agreement made between landlord or tenant 
shall be hereby defeated or made void (x). 

Where there is no stipulation on the subject, a per- 
son who agrees to take a house, must take it as it 
stands, and cannot compel the lessor to put it into a 
condition fit for habitation (y). As between the land- 
lord and tenant of premises let fi*om year. to year, 
there is no obligation upon the former to do substantial 
repairs during the continuance of the lease, unless 
there is an express agreement to that effect (z). If 
the demised premises are biumt down during the lease, 
the landlord is not boimd to rebuild them (a), even 

(«) Ferguson v. 

-, 2 Esp. 

590 ; Horse/all v. Mather, Holt, 
N. P. 7 ; Leach t. Thomas, 7 C. 
& P. 327. 

(f) See judgment in Yellowley 
V. Gower, 1 1 Ex., at p. 294 ; Har- 
nett v. Maitland, 16 M. & W. 
257 ; 16 L. J., Ex. 134 ; Smith, L. 
& T. 267 ; pott, p. 200. 

(«) Filliter v. Phippard, 11 
Q. B. 347; 17 L. J., Q. B. 89. 

See Canterbury t. Reg., 12 L. J., 
Ch. 281, 284. 

(ar) Post, p. 192. 

(y) Chappell v. Gregory, 34 
Beav. 250. See J90««, p. 201. 

(z) GoU T. Gandy, 2 E. & B. 
847; 23L. J.,Q.B.l. ^Q^Arden 
V. PulUn, 10 M. & W. 321. 

(a) Bayne v. Walker, 3 Dow, 


though he has received insurance mo ney (b), o r cove- '^'t/'*-'/— e .«^- 

nanted for quiet enjoyment by the tenant (c). Where ^TE-t_ 

the lessee's covenant to repair contains an express ex- /^ <^ — <^ ^ 

ception of damage by fire and tempest, it seems that i^ O^ 

the landlord is not boimd to repair in either of the ^-C^y ^-p^ 

excepted cases (</). Z/u h X'21,^^^-*^f^t0%.cJ2I^ 

It has been said, that a landlord who lets a house v^JZ. .^ ^ 

a dangerous state is not liable to the tenant's customers ^^^-^ ^^''l^J^ 

or guests for accidents happening during the term (e) ; O^^^r^ 

but it has since been held, that a landlord who lets or f f^ * 

relets premises in such a state as to constitute a nui- L. ^^ j^y 

sance, is responsible for such nuisance, notwithstanding ^ ^ 

the tenancy; and that the continuance of a tenancy 

fi-om year to year is equivalent to a reletting (y). But 

where a tenant, having a long lease of premises, so uses 

them as to create a nuisance, the landlord having no 

power or right of interference, incurs no responsibi- 


(2) Where there is an express Agreement. 
Under a general covenant to repair a house, the Construction 
tenant must keep it in substantial repair, according to co^i^^to 
the age and nature of the building (A). It is perfectly repair, 
well settled, that a general covenant to repair must, be 
construed to have reference to the condition of the pre- 
mises at the time when the covenant begins to ope- 

(J) Leeds V. Cheetkam, 1 Sim. (/) Oandy v. Juiber, 5 B. & 

146; Lofft V. Dennis, 1 E. & E, S. 78; 33 L. J., Q. B. 151. But 

474 ; 28 L. J., Q. B. 168. see 5 B. & S. 485. See Mich t. 

(c) See Brorvn v. Quilter, 2 Basterfield, 4 C. B. 783 ; 16 L. 

Ambl., at p. 620, J., C. P. 273, 

{d) Judgment of Lord Kenyon, ig) Judgment of Crompton, J., 

C. J., in Weigall v. Waters, 6 T. in Gandy v. Jubber, 5 B. & S., at 

R., at p, 488, p. 78; 33 L. J., Q. B., at p. 154, 

(e) Per Erie, C. J., in Bobbins (Ji) Harris v, Jones, 1 Moo, & 

T, Jones, 15 C. B., N. S., at p. 240. Kob. 173. 




rate (z). If the house demised is an old one, the tenant 
is only bound to keep it up as an old house, and is not 
obliged to give the landlord the benefit of new Avork (A). 
It is not meant, in fact, that the old building is to be 
restored in a renewed form at the end of the term, so 
as to make the value of it greater than it was at the 
commencement of the term. Diminution in value, re- 
sulting fi'om the natural operation of time and the ele- 
ments, falls upon the landlord; but the tenant must 
take care that the premises do not suffer more damage 
than the operation of these causes would effect, and he 
is b ound, by seasonable applicati ons of labour, to keep 
the house as nearly as possible in tne same condit'on as 
when it was demised (/). He is liable for repairs only, 
and not for alterations, such as laying a new floor on an 
improved plan (w). An agreement to keep a piece of- 
ornamental water in good and substantial repair is per- 
formed by keeping the water from bursting its banks 
and maintaining the sluices in working order (w). 

Unless the covenant by the tenant to repair con- 
tains an express exception of damage by fire or other 
casualty, he will be boimd to rebuild or repair the 
demised premises if they should be burned down (o"), 
or othenvise destroyed (ja) or injured during the term. 
Although the lease contains a covenant by the tenant 
to insure the premises in a specified sum, he is still 

(i) Per Parke, B., in Walker v. (w) Bird t. Elma, 37 L. J., 

Batton, 11 L. J., Ex., at p. 366; Ex. 91, 95 ; L. R., 3 Ex. 225. 

10 M. & W., at p. 258. (o) Bullock v. Dommitt, 6 T. 

(A)PerTindal,C. J.,iniZarW< R. 650; Bigby v. Atkinson, 4 

V. Jones, 1 Moo. & Rob., at p. 175. Camp. 275. See Clark v. Glas- 

(l) See summing up of Tindal, gow Ass. Co., 1 Macqueen, 668 ; 

C. J., in Gutteridge v. Mxinyard, Gregg r. Coates, 23 Beav. 33. 

1 Moo. & Rob., at p. 336. ( p) Brecknock Co. y. Prit- 

(m) Saward v. Leggatt, 7 C. cluird, 6 T. B. 750. 
& P. 613. 


liable on the covenant to repair, and his responsibility- 
is not limited to the sum named in the covenant to 
insure (q). 

Under a covenant to put into habitable repair, the CoTenantto 
tenant must, if necessary, place the demised premises in P°* "»*o "^^P*""- 
a better state than that in which he found them (r). 
He is not bound to make a new house, but regard being 
had to the state of the premises at the time of the agree- 
ment and to their situation, and to the class of persons 
who are likely to inhabit them, he is to put them into 
a condition fit for a tenant to inhabit (r). A covenant 
" forthwith" to put premises into complete repair is not 
construed as referring to any specific time ; it is for a 
jury to say, upon a reasonable construction, whether 
it has been performed {s). A covenant to put in repair 
can only be broken once for all, and therefore if a 
breach has been committed in the time of the lessee, 
and damages recovered fi-om him by the lessor in 
respect of such breach, the assignee of the lessee will 
not be liable (t). 

A covenant to keep premises in good repair binds the Covenant to 
lessee to put them into good repair with reference to 
their age and class, to maintain them in that state, and 
in that state to deliver them up at the end of the term {u). 
He must have them constantly in repair, and if at any 
time during the term they are out of repair, he is guilty 
of a breach of covenant, which is the proper subject 
of an action before the expiration of the lease (ar). 

(?) Bighyy. Atkinson, 4 Camp. J., C. P. 1, 9 ; L. R, 2 C. P. 153. 

275, 278. (m) Payne r. Haine, 16 M. & 

(r) Belcher v. M'Intosh, 8 C. W. 541 ; Burdett t. Withers, 7 

& P. 720. A. & E. 136; Woolcook v. Bew, 

(«) Boe V. Sutton, 9 C. & P. 1 F. & F. 337. 

706. (ar) Buxmore v. Rohton, 1 B. 

it) Coward t. Oregory, 36 L. & A. 584, 586. 

F. O 


As this covenant is a continuing one, the recovery of 
damages upon it in a previous action is no bar to a sub- 
sequent action against the tenant or his assignee, so 
long as the premises are out of repair, but the fact may 
be used in mitigation of damages (y). It is a breach of 
this covenant to pull down the demised premises either 
wholly or partially, or to open a doorway in a wall (z), 
unless by the terms of the lease it is implied that addi- 
tions and improvements are to be made {a). A tenant 
who has covenanted to substantially repair, uphold 
and maintain a house, is bound to paint the inside 
woodwork, &c. (h). 

Where there is a general covenant by the lessee to 
repair and keep and leave in repair, it will be inferred 
that he undertakes to repair buildings which may be 
erected during the term(c). On the other hand, a 
particular covenant to repair the demised buUdings 
wiU be construed as referring only to existing build- 
ings {d). 

Covenants on the part of the tenant to repair and 
keep in repair the demised premises dmiig the term, 
and to repair specified defects within a certain time 
after notice, are considered separate and independent 
covenants, if they severally make a complete sentence, 
or are foimd in different parts of the same deed(c); 

(y) Ckmard v. Gregory, 36 L. (c) Dome v. Earle, 3 Lev. 264; 

J., C. P. 1 ; L. E., 2 C. P. 153. 2 Ventr. 126 ; judgment of Chan- 

(z) Oange t. Lochwood, 2 F. nell, B., in Cornish v. Clei/e, 34 

& F. 115; Doe V. Jackson, 2 L. J., Ex., at p. 22. 

Stark. 293 ; Doe v. Bird, 6 C. & (d) See Cornish v. Clei/e, 8 

P. 195. H. & C. 446 ; 34 L. J., Ex. 19, 22. 

(a) See Doe v. Jones, 4 B, & (e) Jadgment in Horte/all v. 

Ad. 126. Testar, 7 Taunt., at p. 388 ; Boe 

(ft) Monk V. JVbyes, 1 C. & P. v. Paine, 2 Camp. 520 ; Bayli* 

265. See Scales v. Larvrence, 2 y. Le Gros, 4 C. B., N. S. 537, 

F. & F. 289. 554. See Doe v. Lewis, 5 A. & 

BEPAIR8. 195 

but if the whole stands in the same sentence it may be 
held to be one entire covenant (/). 

A covenant by the lessee to repair is sometimes made Conditional 
conditional on the performance of some act by the lessor; repair, 
as, for instance, on his first putting the premises into 
repair. Under this covenant the lessee is not liable for 
the non-repair of any part of the premises until the 
lessor has entirely performed his condition (ff). A 
covenant by the tenant to repair, " having or taking 
sufficient house-bote, hedge-bote, &c. for the doing 
thereof, without committing any waste or spoil," is an 
absolute covenant to repair (A). 

The liability of the lessee upon a covenant to repair 
commences only from the execution of the lease by the 
lessor. He is not liable for breaches of this covenant 
committed before the time of the execution of the lease, 
although the habendum of the lease states the premises 
to be held from a day prior to its execution {i). 

Covenant bj/ lessee to keep in repair the premises Construction 
and all erections, buildings and improvements agreements 

erected thereon durinq the term., and yield up relating to 
^ ^ ^ r repairs. 

the same in good repair. The lessee cannot 
remove a veranda erected by him, the lower 
part of which is attached to posts fixed in the 
ground (Jt). 
Covenant by lessee of a farm well and substantially 

E. 277; Few v. Perkins, 36 L, Coward v. Chregory, 36 L. J., C. 

J., Ex. 54 ; L. R., 2 Ex. 92, P. 1, 10 ; L. R.", 2 C. P. 163. 

(^f) Hortefall v. Testar, 7 (h) Dean and Chapter of Bris- 

Taunt. 385, 388. tol v. Jones, 1 E. & E. 484 ; 28 L. 

(^) Neale v. JRatcliffe, 15 Q. B. J., Q. B. 201. 

916; 20 L. J., Q. B. 130; Can- (i) Shaw t. Kay, 1 Ex. 412; 

nock V. Jones, 3 Ex. 233 ; 18 L. 17 L. J., Ex. 17 ; ante, p. 80. 

J., Ex. 204. See Counter v. Mac- (A) Penry r. Brown, 2 Stark. 

pherson, 6 Moore, P. C. 0. 83; 403. 



to repair and keep in good substantial repair, 
and so well and substantially repaired to yield 
up at the end of the term. The tenant is bound 
to give up the premises in as good a state of 
repair as they were in when he took possession, 
and they must be inferred to have been then in 
a tenantable state (/). 

Agree^ient by tenant to leave a farm in as good 
condition as he found it. Is an agreement to 
leave it in tenantable repair if he found it so (tw). 

Covenant by lessee of coal mine at the end of the 
term to yield up the works and mines, and all 
ways and roads, in such good repair, order and 
condition, that the works may be continued and 
carried on by the lessor. Does not extend to 
moveable chattels, such as iron tram-plates 
fastened to wooden sleepers not let into the 
groimd (w). 

Covenant by lessee of farm to repair and leave in 
good repair all buildings to be erected thereon 
during the term. Extends to a farm-house 
erected during the term, partly on the land 
demised and partly on the waste adjoining be- 
longing to the lessor (o). 

Covenant by lessor of a house to repair and keep in 
repair all the external parts of the demised pre- 
mises. A partition waU dividing the demised 
house from an adjoining house is an external 
part of the premises within this covenant (/?). 

(I) Brown v. Tnimper, 26 F, & J. 381 ; 31 L. J., Ch. 481. 
Beav. 11, 15. (<j) If^i^e v. lFaA%, 26 Beav. 

(»») Winn T. WhUe, 2 W. Bl. 17 ; 28 L. J., Ch. 77. 
840. (^p) Green v. Bales, 2 Q. B. 

(«) Beaufort v. Bate*, 3 De G., 225 ; 1 1 L. J., Q. B. 63. 


Covenant by lessor that, in case the demised pre~ 
mises shall be burned down, he will "rebuild 
and replace " the same in the same state as they 
were in before the fire. The lessor is only 
bound to restore the premises to the state in 
which they were when he let them, and is not 
obliged to rebuild an additional story subse- 
quently erected by the tenant (5'). 
Where the lessor is liable to repair the interior of the 
demised premises, the lessee cannot charge him for 
breach of repairs without notice, for he may not know 
that repairs are necessary (r). 

A landlord cannot lawfully enter upon his tenant's 
premises to execute repairs, unless some express stipula- 
tion to that effect has been made (5). A provision in a 
lease that the landlord may enter the demised house 
** at convenient times" to view the state of repair, is not 
contravened by his being excluded from some of the 
rooms, if he has given no notice of his coming (<). 

The damages recoverable in an action for non-repair Measure of 
of premises, held by the defendant under a lease which breach of cove- 
has several years to run, are not the amoimt which °"^** 
would be required to put the premises into repair, but 
the amount to which the saleable value of the reversion 
is injured by the non-repair of the premises (m). If a 
tenant, who is bound to repair, leaves the premises at 
the end of the term out of repair, the landlord may 
recover, in an action against him, in addition to the 
amount of the actual expense of the repairs, a com- 

(y) Loader v. Kemp, 2 C. & P. («) Barker y. BarTter, 3 C. & 

375. P. 557. 

(r) MaUn v. Watkinson, 40 {t) Doe y. Bird, G C.&F. 195. 

L. J., Ex. 33; L. R., 6 Ex. 25; see (m) Smith t. Peat, 9 Ex. 161 ; 

per Mansfield, C. J., in Moore r. 23 L. J., Ex. 84. See Doe v. 

Clark, 5 Taunt., at p. 96. Rowlands, 9 C. & P. 734. 


pensation for the loss of the use of the premises while 
they were undergoing repair (x). Where a lessee 
has left the demised premises out of repair, a jury is 
not compelled to give only nominal damages, although 
before the end of the term the lessor has verbally agreed 
with another person to grant him a lease for a term of 
years, under the provisions of which agreement the 
premises are to be pulled down (t/). 


Sect. 111.— Waste. 


(1) Volnntary 198 

(2) Permissive 199 

(3) Bemedies for 200 

(1) Voluntary/ Waste. 

There are two kinds of waste, — voluntary or actual, 
1. Acts of and permissive (a). A tenant commits voluntary waste 
by acts of destruction, such as pulling down houses, or 
removing wainscots, doors or windows (a) ; or cutting 
down, destroying or topping timber-trees, or trees 
affording shelter to a house, or finiit trees in a gar- 
den (a) ; or destroying a quickset hedge of white- 
thorn (a) ; or ploughing up strawberry beds in full 
bearing (i) ; or opening new mines or quarries (c). 
Under a lease of land by an owner in fee, not mention- 
ing mines, the lessee may work and take the profits of 
mines which are open at the time of making the 

(a?) Woodt y. Pope, 6 C. & P. (o) Co. Lit. 68 a. 

782. (J) Watherell v. Homelh, 1 

(y) Rowlings v. Morgan, 18 Camp. 227. 

C. B., N. S. 776 ; 34 L. J., C. P. (c) Co. Lit. 53 b. 

WASTE. 199 

lease (rf). Under a lease of land, with the mines 
therein, where there is a mine open, the lessee cannot 
work or open tmopened mines (rf). The lessee may 
dig for gravel or clay for the reparation of the house 
demised, and for the same pm:pose may take convenient 
timber-trees (e). Waste can only be committed of the 
thing demised ; hence, cutting down trees excepted out 
of a demise is not waste (y*). 

Waste may also be committed by changing the nature 2. Changing 
of the thing demised (^); as, for instance, by demolish- demised pre-** 
ing an old building and erecting in place of it new °"*^' 
buildings of greater value (A); or converting a corn- 
mill into a fulling-mill (i) ; or turning ancient meadow 
or pasture into arable land(^'); or arable land into 
wood, or e converso (A). Every lessee of land is Uable 
for all waste done on the land in lease, by whomsoever 
it may be committed, for it is presumed in law that the 
lessee may withstand it (J). 

(2) Permissive Waste. 

Permissive waste consists in suffering houses to fall 

into decay through want of necessary repairs (m) ; but 

if a house was uncovered when the tenant came in, it is 

no waste in him to suffer it to fall down («). It is not 

{d) Co. Lit. 54 b ; judgment in (i) Judgment in London v. 

Clegg v. Rowland, 35 L. J., Ch., Greyvie, Cro. Jac. 182. 

at p. 398; L. R., 2 Eq., at p. 165. O) Co. Lit. 53 b; judgment in 

(e) Co. Lit. 53 b ; Sivimons v. Slvimons v. Norton, 7 Bing., at 

Norton, 7 Bing. 640. pp. 647—649. 

(/) Goodright v. Vivian,^ 8 (*) Co. Lit. 53 b. 

East, 190, 192. (0 2 Wms. Saund. 259 b, note 

(^) Darcy v. Asknith, Hob. (/). See Attersol v. Stevens, 1 

234. Taunt., at p. 196. 

(Ji) Cole V. 6freene, 1 Lev. 309 ; (»^) See Heme t. Benhom, 4 

Cole T. FoHh, 1 Mod. 94 ; London Taunt. 764. 

V. Qreyme, Cro. Jac. 182. (») Co. Lit. 53 a. 



waste at common law, either wilful or permissive, to 
leave land uncultivated (o). 

Tenants for life or for years ( p) are responsible for 
permissive waste, but tenants at wiU (y) or from year to 
year (r) are exempt from this liability. 

1. Action at 

2. Injnnction 
of Court of 

(3) Remedy for Waste. 

The remedy for waste is by an action on the case in 
the nature of waste. The landlord may claim a writ of 
injunction against the repetition or continuance of the 
injury, or the committal of any injury of a like kind, 
relating to the same property (,?). 

If an act of voluntary waste, likely to be a lasting 
damage to the estate is in contemplation by the tenant, 
the landlord may obtain an injunction from the Court 
of Chancery to prevent it. 

Illegal pur- 

Sect. IV. — Mode of using Premises. 

(1) Where there is no express agreement 200 

Illegal purposes . . . . . . . . . . . . 200 

Fitness of premises for use intended .. .. ..201 

(2) Where there is an express agreement . . . . . . . . 202 

Construction of contracts- 
Relating to exercise of trades . . . . . . 202 

„ trading with particular persons . . . . 205 

„ working of mines, &c. . . . . . . 206 

(1) Where there is no express Agreement. 
No legal demand can arise out of a contract based 
upon an illegal or immoral consideration. Hence, rent 

(«») Per Parke, B., in Huttan v. 
Warren, at p. 472. 

(y) Harnett y. Maitland, 16 
M. & W. 257 ; 16 L. J., Ex. 134 ; 
judgment in Yellonley v. Gower, 
11 Ex., at p. 294. 

(q) Harnett v. Maitland, 16 
M. & W. 257 ; 16 L. J., Ex. 134. 

(r) Torriano v. Young!, 6 C. & 
P. 8. 

(«) Stat. 17 & 18 Vict c. 126, 
8S. 79—82. 


or damages for breaches of covenant are not recoverable 
under leases of houses used for purposes of prostitution ; 
provided the lessor is aware that the premises are so 
used(^). As every right or obligation arising out of 
the contract is tainted by the immorahty of the transac- 
tion, the lessee cannot recover from his assignee, imder 
a covenant in the assignment for indemnity in respect 
of all the lessee's covenants, a sum which the lessor has 
compelled the lessee to pay for dilapidations (m). Rent 
reserved upon a lease of premises used for the purpose 
of boiling oil and tar, contrary to the provisions of the 
Building Act, cannot be recovered (a:). 

In an action for breach of a contract to let premises, 
the defendant may justify such breach by proving that 
the plaintiff intended to use the premises for an illegal 
purpose, although at the time of refiising to perform 
the contract he did not assign or act upon such intended 
use, as a reason for his refusal (y). After the lessee 
has entered into possession imder a lease, however, the 
lessor cannot avoid such lease, on the ground that it 
was obtained by the fraudulent misrepresentations of 
the lessee as to matters collateral to the lease ; as, for 
instance, that he intended to use the demised premises 
for a respectable business, wjiereas he used them for an 
immoral purpose {z). 

There is no contract implied by law on the part of Fitness of pre- 
the lessor of an imfumished house, that it is in a rea- intended. 

(t) Oirardy v. Rioliardson, 1 (a?) Gas Light Co. v. IVwner, 

Esp. 13 ; Crisp V. Churchill, IB. 6 Bing. N. C. 324. 

& P. 340 ; Jennings v. Throgmor- (y) Cowan v. Milbourn, 36 L. 

ton, Ry. & M. 251 ; Appleton v. J., Ex. 124 ; L. R., 2 Ex. 230. 

Campbell, 2 C. & P. 347. {z) Feret v. Hill, 15 C. B. 207; 

(m) Smith T. Mliite, 35 L. J., 23 L. J., C. P. 186. 
Ch. 454 ; L. B., 1 Eq. 626. * 



1. On demise 
of anf umished 

2. On demise 
of famished 

3. On demise 
of land. 

sonably fit state for occupation, although it is let for the 
purpose of immediate habitation (a). The owner of a 
house is not bound to disclose to an intended lessee that 
it is in a ruinous state and dangerous to occupy, unless 
he knows that the intended lessee is influenced by his 
belief of the soundness of the house in agreeing to take 
it{b). In the absence of express warranty or active 
deceit, no action will lie against the owner for not making 
this disclosure {b). 

It has been held, that upon the demise of a furnished 
house, since the bargain is not so much for the house 
as the furniture, there is an implied condition that it 
shall be reasonably fit for immediate habitation (c). It 
is a breach of this condition, whether express or im- 
plied, if the house, or any of the rooms, are infested 
and overrun with bugs ; but to justify the tenant 
in quitting without notice, it must appear that the 
nuisance existed to a serious and substantial extent, 
and was such as he could not reasonably be expected 
either to endure or to extirpate {d). 

On a demise of land, or the vesture of land, there is 
no implied obligation on the part of the lessor, that it 
shall be fit for the purpose for which it is taken (e). 

(2) Where there is an express Agreement. 

Constrnction of Contracts whereby a person is restricted generally, 
contracts re- -i • ^ i> '^ c ••i-i 

lating to exer- and Without reference to place, from exercismg his trade 
else of trades. 

{a) Hart v. Wiridsor, 12 M. & 
W. 68 ; 13 L. J., Ex. 129. 

(J) Keatee t. Cadogan, 10 C. 
B. 591 ; 20 L. J., C. P. 76. See 
judgment in Hart y. Windsor, 12 
M. & W., at p. 87. 

(c) Smith V. Marrable, 11 M. 
& W. 5 ; 12 L. J., Ex. 223. See 

judgment in Sutton t. Temple, 13 
L. J., Ex., at p. 22 ; Hart v. Wind- 
sor, 18 L. J., Ex., at p. 136. 

{d) Campbell v. Wenlock, 4 F. 
& F. 716. 

(c) Sutton V. Temple, 12 M. & 
W. 52; 13 L. J., Ex. 17. 


ioT a special time are void(/). Covenants restrain- 
ing a lessee or lessor from carrying on a specified trade 
within a particular area are valid, provided they are 
reasonable, having regard to the subject-matter of the 
contract (^); i. e. if the restriction is such only as to 
afford a fair protection to the interests of the party in 
favour of whom it is given, and is not so large as to 
interfere with the interests of the public {h). 

Covenant not to exercise any trade or business. Construction of 
The word " trade " is applicable only to a busi- hibiting exer- 
ness conducted by buying and selling, and does oiTdemised^* 
not extend to the keeping of a private limatic premises, 
asylum (J). The occupation of a schoolmaster 
is a business within the meaning of this cove- 
nant (^). The covenantee does not waive the 
benefit of the covenant by permitting another 
house held under the like covenant to be used as 
a school (/). The partial exercise of a trade on 
the demised premises will operate as a breach 
of a covenant not to carry on such trade (w). 
Under a covenant not to use premises for certain 
purposes, there is a new breach every day during 
the time the premises are so used (/i). 
Covenant not to carry on any noisome or offensive 

(/) Ward T. Byrne, 6 M. & (Jt) Doe v. Keeling, 1 M. & S. 

W. 648 ; 9 L. J., Ex. 14 ; Hinde 95, 99 ; Kemp y. Sober, 1 Sim., 

V, eh-ay, 1 M. & Gr. 195, 203. N. S. 517 ; 20 L. J., Ch. 602. See 

(Sf) See Leather Cloth Co. v. Wickenden v. Webster, 6 E. & B. 

Lorsont, 39 L. J., Ch. 86, 90 ; 387 ; 25 L. J., Q. B. 264. 

L.R.,9Eq. 345; Mitchell v.Rey- (l) Kemp t. Sober, 1 Sim., N. 

nolds, 1 P. Wms. 181; Hitchcock S. 517 ; 20 L. J., Ch. 602. 

v. Coker, 6 A. & E. 438; 6 L. J., (m) Doe v. Spry, 1 B. & A. 

Ex. 266. 617, 619. See Doe v. Elsam, M. 

(A) Per Tindal, C. J., in Horner & M. 189. 

V. Oraves, 7 Bing , at p. 743. (n) Judgment in Doe v. Wood' 

(0 Doe 7. Bird, 2 A. & E. 161. bridge, 9 B. & C, at p. 378. 


trade. Carrying on a dangerous trade is not 
a breach of this covenant (o). In construing 
this covenant, it is particularly worthy of con- 
sideration, whether the trade complained of was 
carried on upon the premises at the time of the 
demise (/?). 

Covenant not to do any act, 8fc. upon the demised 
premises which may lead to the damage, an- 
noyance or disturbance of the lessor, or any of 
his tenants, or any part of the neighbourhood ; 
followed by proviso for re-entry upon the carry- 
ing on of certain specified trades {not including 
that of a licensed victualler^, " or any other 
trade or business that may be, or grow, or lead 
to be offensive, or any annoyance or disturbance" 
to any of the lessor's tenants. The opening of 
a public-house upon the premises is not a breach 
of the covenant or proviso {q). 

Covenant not to carry on the business of a common 
brewer or retailer of beer. Carrying on the 
business of a retail brewer is not a breach (r). 

Covenant not to use a house as a public-house for 
the sale of beer, §*c. Is not broken by the 
tenant's taking out an excise licence for the sale 
of beer not to be drunk on the premises (s). 

Covenant in deed executed in 1854, not to carry on 
the trade or calling of hotel or tavern keeper, 
publican or beershop keeper, or seller by retail 

(p) Hickman v. Isaacs, 4 L. T., (r) Simons v. Farren, 1 Bing. 

N. S. 285. N. C. 126; 4 L. J., C. P. 41. 

(p) Giitteridge v. Munyard, 7 (») Pease v. Coates, 36 L. J., 

C. & P. 129. Ch. 57 ; L. R., 2 Eq. 688. See 

(q) Jones v. Thome, 1 B. & C. London and JV. W. My. Co. v. 

715. See Macher v. Foundling Oarnrtt, 39 L. J., Ch. 25; L. R., 

Hospital, 1 V. & B. 188. 9 Eq. 26. 


of wine, beer, spirits or spirituous liquors. Is 
not broken by a grocer's selling, across the 
counter, wine and spirits by retail, in bottles 
only, such wines and spirits not to be con- 
sumed on the premises, under a licence granted 
under stat. 24 & 25 Vict. c. 21, s. 2 {t). 

Covenant not to exercise the trade of a butcher. Is 
broken by selling raw meat by retail upon the 
premises, although no beasts are slaughtered 
there (u). 

Covenant to use house as a private dwelling-house 
only. It seems that conversion into a shop may 
be effected by user, without any structural altera- 
tions of the house (x). 

Agreement to take land for ninety years, with 
liberty to build thereon erections necessary for 
carrying on the business of a glass manufac- 
turer, the lessee not to use the premises for any 
other purpose than a glass manufactory. Does 
not warrant the insertion in a lease, prepared in 
pursuance of the agreement, of an affirmative 
covenant by the lessee, that he will carry on 
the business of a glass manufacturer on the pre- 
mises during the term (y). 

Agreements intended to compel the lessees of public- Constrnctionof 

houses to purchase beer of the lessors, are held to be lating to trad- 

iniurious to the public welfare (z). It is incumbent on 1?^ ,^"*^^ P*^" 
•' ^ ^ ' ticular persons. 

(t) Jones v. Bone, 39 L. J., (y) Doe v. Chiest, 15 M. & W. 

Ch. 405; L. R,, 9 Eq. 674. 160. 

(m) Doe V. Sjrry, 1 B. & A. (z) Cooper v. Twihill, 3 Camp. 

617. See Doe v. Elgam, M. & M. 286, note (a) ; Holcombe v. Ileie- 

189. son, 2 Camp. 391. See Doe v. 

(ar) WilUmon v. Rogers, 2 Iteid, 10 B. & C. 849 ; Weaver v. 

De G,, J. & S. 62. Sessions, 6 Tannt. 154. 



the plaintiff suing for breaches of a covenant of this 
nature, to show that the beer delivered by him was good 
marketable beer(rt). 

Where a lessor agrees to supply to the lessee the 
whole of the chlorine still waste as it comes from the 
still, at a given rate, and not to use, or injure, or part 
with any of the still waste, except to the lessee, the 
lessee is bound to take the whole of the waste which, 
during his occupancy, comes from the still {b). 

Constmction of 
covenants re- 
lating to work- 
ing of mines, 

Covenant to work coal mine as long as it is fairly 
workable. The lessee is not bound to work the 
mine at a dead loss (c). 

Covenant in indenture demising all mines which 
had been or during the demise should be open, 
to work the mines in a proper and workmanlike 
manner. The lessee is not liable under this 
covenant, if the mines have not been worked at 

Covenant to work furnaces effectually, unless pre- 
vented by inevitable accident or want of materials, 
or unless the ironstone should be insufficient m 
quantity or quality, or would not by itself, or 
with a proper mixture and process, make good 
common pig-iron. It is not necessary that the 
ingredients for the mixture should be procurable 
on the demised premises (e). 

(a) Huyrnton v. Sherratt, 8 
Taunt. 529, 530. 

(5) Bealey v. Stvnrt, 7 H. & 
N. 753 ; 31 L. J., Ex. 281. 

(c) Jones V. Shears, 7 C. & P. 
346. See Phillips v. Jones, 9 

Sim. 619 ; Griffiths v. Righy, 1 H. 
& N. 237 ; 25 L. J., Ex. 284. 

(rf) Quarrington v. Arthur, 10 
M, & W. 335. 

{e) Foley v. Addenhrooke, 13 
M. & W. 174 ; 14 L. J., Ex. 169. 


Sect. V. — Cultivation of Land. 


(1) Where there is no express agreement . . . . . • . . 207 

Obligation of tenant as to husbandlike cultivation . . 207 
„ „ expenditure of produce on pre- 
mises 208 

(2) Where there is an express agreement . . . . . . . . 209 

Provisions in case of execution, &c. . . . . . . 209 

Construction of covenants relating to conrse of husbandry 210 
„ „ „ hay and straw, &c. 212 

„ „ „ manure .. .. 213 

(1) Where there is no express Agreement. 
Every tenant is bound to cultivate his farm in a hus- Obligation of 
bandlike manner according to the custom of the country, husbandlike 
and to consume the produce upon it. This is an en- cultivation- 
gagement which arises out of the letting, and which the 
tenant cannot dispense mth unless by special agree- 
ment (jT). What is to be considered as a good and 
husbandlike mode of cultivation must vary exceedingly 
according to soil, climate and situation ; therefore the 
** custom of the country," with reference to good hus- 
bandry, must be applied to the approved habits of 
husbandry in the neighbourhood imder circumstances 
of a like nature. Evidence that an estate had been 
managed according to the custom of the country, would 
be always a medium of proof that it had been treated in 
a good and husbandlike manner (^). In an action 
against a tenant for treating the demised farm contrary 
to good husbandry and the custom of the country, it is 
not incumbent on the landlord to prove a definite known 
custom or course of husbandry ; it is sufficient to show 
what is the prevalent course of good management ; and 

(/) Per Gibbs, C. J., in Brorvn & W. 662. 
T. Crump, 1 Marsh. 567 ; Powley (ff) Per Lord Ellenborough,C. J., 

V. Walker, 5 T. R. 373. Judg- in Legh v. Heivitt, 4 East, at pp. 

ment in Onslow v. , 16 Ves. 159, 160. 

173 ; Uallifate y. Ch€mbers, iTA. 



As to expen- 
ditare of pro- 
dace on pre- 

Stat. 56 Geo. 3, 
c. 50, s. 7. 

Sheriff not to 
Bell clover, &c. 
sown with 

by proving that the estate was not so managed, the 
landlord will prove that it was treated contrary to good 
husbandry and the custom of the country (A). The 
fact that a tenant has half his farm under tillage at the 
same time, while no other farmer in the neighbourhood 
tills more than a third, is clear proof of mismanage- 
ment contrary to the custom of the country in good 
husbandry (e). Out of the bare relation of landlord 
and tenant, no obligation arises to make a certain 
quantity of fallow, and to spread a certain quantity of 
manure every year thereon (A). 

The tenant must not carry dung and compost off the 
demised premises (/), or remove anything except ac- 
cording to the custom of the country (tw). It has been 
said that the tenant may carry hay and straw off the 
premises, if the practice is not contrary to the custom 
of the coimtry, or prohibited by the lease or agreement 
under which he holfls (w). The custom of the country 
relating to cultivation will be excluded by an express 
covenant or agreement inconsistent with it (o). 

No sheriff shall, by virtue of any process whatsoever, 
sell or dispose of any clover, rye-grass, or any artificial 
grass whatsoever, which shall be newly sown, and be 
growing under any crop of standing com. 

(A) Judgment of Lawrence, J., 
in Legh v. Hewitt, 4 East, at p. 
161. See Dalby v. Hirst, 1 B. & 
B. 224. 

(i) Legh T, Hewitt, 4 East, 
154, 160. 

(A) Brown v. Crump, 1 Marsh. 
567. See judgment in Granger 
V. Collins, 6 M. & W., at p. 461. 

(J) Powley V. Walker, 5 T. R. 
873 J Oough v. Howard, Peake 
Add. Gas. 197. 

(ot) Onslow V. , 16 Ves. 


(w) Gaugh v. Howard, Feake 
Add. Gas. 197. But see Brown 
V. Cnunp, 1 Marsh, at p. 569. 

(o) Hntton v. Warren, 1 M. & 
W. 466. See Wehb v. Plummer, 
2 B. & A. 746; Rx>berts v. Barker, 
1 Cr. & M. 808; Clarke v. Roy- 
stone, 13 M. & W. 752. Post, 
Chap. VI., Sect. 3. 


(2) IVtiere there is an express Agreement. 
No sheriff shall, by virtue of any process of any court Proyisions in 
of law (except process at the suit of the crown {p) ), tion, &c. 
carry off or sell, or dispose of for the purpose of being Stat. 56 Geo. 3, 
carried off from any lands let to farm, straw, chaff, g, !~* * 
colder, turnips, or manure in any case, nor hay, grass sell ofE straw, 

&c., in any 

or grasses, nor tares or vetches, nor any roots or vegeta- case, or hay, 

bles being produce of such lands, in any case where, ac- to*^covenante. 

cording to any covenant or written agreement, such hay, 

&c., ought not to be taken off such lands, or which, by 

the tenor or effect of such covenants or agreements, 

ought to be used or expended thereon, and of which 

covenants or agreements such sheriff shall have received 

a written notice before he shall have proceeded to sale. 

The tenant against whose goods any process shall Sect. 2. 

issue, shall, on having knowledge of such process, give not^c"of°cov'e- 

a written notice to the sheriff or other officer executing nantsto 

the same of such covenants or agi^ments, and of the 

name and residence of the landlord ; and such sheriff Sheriff to give 
or other officer shall forthwith send a notice by post to seizure to land- 
the landlord (as to whose name and residence he is to ° ' 
make due inquiry before any sale of any crops (sect. 5)), 
and also to the known steward or agent of such land- 
lord, stating the fact of possession having been taken of 
any produce hereinbefore mentioned ; and such sheriff 
or other "officer shall, in the absence or silence of such 
landlord or his agent, delay the sale of such produce 
until the latest day he lawfully can appoint. 

Such sheriff may dispose of any produce hereinbefore Sect, a 
mentioned to any person who shall agree in writing, in ?jg®"^ ™f"^ro- 
cases where no covenant or written agreement shall be duce to person 

, 1 , . agreeing to ox- 

shown, to use and expend the same on such lands in penditonl.iad„ 

(j)) Rex V. Oshourne, 6 Price, 94. 
F. P 



Sect. 11. 

Assignee not 
to ase produce 
in any other 
manner than 
tenant might 
have done. 

such manner as shall accord with the custom of the 
country ; and in cases where any covenant or written 
agreement shall be shown, according to such covenant 
or written agreement ; and after such sale it shall be 
lawful for such person to use all such necessarj' bams, 
buildings, yards and fields for the purjjoses of consuming 
such produce, as such sheriff shall assign and such 
tenant would have been entitled to for the like purpose. 
No assignee of any bankrupt, nor any assignee under 
any bill of sale, nor any purchaser of the goods or crop 
of any person employed in husbandry on any lands let 
to farm ( 5'), shall take, use or dispose of any hay or 
other produce, or any manure or other dressings in- 
tended for such lands and being thereon, in any other 
manner than such bankrupt or other person so employed 
in husbandry ought to have taken, used or disposed of 
the same. 

of agreements 
relating to 
coarse of haa- 

Covenant not to sow land with wheat more than 
once in four years, nor with more than two 
crops of any kind of grain whatsoever during 
the same period of four years. Applies to any 
four years of the term, however taken, and not 
to each successive four years from the com- 
mencement (r"). 

Covenant to cultivate, on the four-course system, 
according to the custom of the country. Means 
only so far as is universally obligatory by the 
custom of the country is). A jury may find that 
the tenant ploughed as much as he was bound 
to do by the custom (5). 

(17) This section applies to an 
ordinary sale by the tenant him- 
self. W'ilmot V. Rase, 3 E. & B. 
563; 23 L. J., Q. B. 281. 

(r) Fleming v. Snook, 6 Beav. 

(«) Newgon v. Smythies, 1 F. 
& F. 477, 479. As to the mean- 


Agreement to manage and quit premises agreeably 
to the manner in which the same have been 
managed and quitted by the former tenants. A 
tenant, without notice, is not boiind by the terms 
upon which the former tenants held. The only 
rule by which, according to the agreement, he is 
to be guided, is the condition of the estate and 
the mode in which it was managed at the time 
of his taking possession (^). 

Covenant to manage pasture in a husbandlike 
manner. Is equivalent to a covenant not to 
convert it into arable land(M). 

Covenant to permit the landlord in the last year of 
the term to sow clover among the tenant'' s barley. 
The landlord must use due diligence to ascertain 
for himself when the tenant sows his barley {x). 

Covenant at the end of the lease to leave the turnip 
or fallow breaks once ploughed for the incoming 
tenant. The words turnip or fallow breaks 
mean the land which would, in the natural 
course of good husbandry, be ploughed and left 
fallow for the purpose of being planted with 
turnips {y). 

Covenant to pay additional rent for pasture land 
which lessee should ear, plough, break up, dig, 
use or convert to tillage, or for brick earth, or 
for any other purpose whatsoever. It seems 

ing of a covenant to fann on the v. Moling, 6 Vea. 328. See Hillt 

four-course system, see ManJtin v. v. Rowland, 4 De G., M. & G. 

Lay, 2 De G., F. & J. 65. 430 ; 22 L. J., Ch. 964. 

(t) Liebenroodv. Fi«<?«, 1 Mcr. (a;) Hughes v. Jtichman,Cowp. 

15, 18. See Hood v. Kendall, 17 125. 

C. B. 260. (y) Hunter v. Miller, 9 L. T., 

(m) Per Lord Eldon, in Brui^ N. S. 169. 

P 2 



of agreements 
relating to hay 
and straw. 

that whether the use of the land as a race-course 
and ground for training horses is a breach of the 
covenant is a question of fact for a juiy (z). 
Laying down the land to permanent grass again 
will not protect the lessee, who has once ploughed 
it up, from future accruing additional rent (a). 

Covenant not to remove from the farm^ during the 
last year of the term, any of the hay, Sfc, which 
shall grow on the farm. The lessee is pro- 
hibited from removing hay, &c. which is on the 
farm in the last year of the term, at whatever 
time during the term it may have grown (ft). 

Agreement that tenant shall not sell any straw or 
manure grown or produced on the farm without 
the licence of the landlord, under certain penal- 
ties, recoverable as additional rent. Extends to 
straw sold by the tenant after the determination 
of the tenancy (c). 

Agreement that tenant shall consume the hay on 
the premises, or for every load of hay removed 
shall bring two loads of manure. The bringing 
on the manure is not a condition precedent to 
the carrying off the hay as between the landlord 
and tenant, but after the tenant has quitted pos- 
session of the premises, the succeeding tenant 
may refiise to permit the hay to be removed 
until the manure is brought on {d). 

Agreejient that " value " of straw or hay sold off 
is to be returned in manure on the land. The 

(z) Aldridge v. Ilorcard, 4 M. 
& Gr. 921. 

(a) Birch v, Stephenson, 3 
Taunt. 469, 478. 

(*) Gale V. Bates, 3 II. & C. 

84 ; 33 L. J., Ex. 235. 

(c) Massey v. Goodall, 17 Q. 
B. 310; 20L. J., Q. B 526. 

(rf) Smith V. Chance, 2 B. & 
A. 753, 755. 


Court of Exchequer was equally divided upon 
the question whether the market value of the 
straw is to be returned in manure, or so much 
manure only is to be spent upon the land as the 
hay or straw would have produced {e). 
Agreement that tenant shall be paid "a fair 
price ^^ for straw left on the premises at the end 
of his tenancy, not containing any stipulation as 
to payment for manure. The tenant is to be 
paid for the straw at a fodder price only, i. e., 
one-half the market price (f). 
Agreement by tenant to pay an additional rent for 
every ton of hay, 8fc., sold off or removed from 
the premises. Hay of very bad quality and unfit 
to be eaten by cattle is within the meaning of 
this agreement {y). 
Covenant that lessee shall not sell or carry away 
from the demised premises any hay, straw or 
manure grown or produced therein without the 
consent of the lessor, under the increased rent of 
lOl.for every ton so sold or carried away, but 
that the lessee will consume the hay and straw 
by his cattle. The lessee • is entitled to seU 
the hay and straw on pajnnent of the increased 
rent (A), 
Condition not to sell or convey away any dung, Sfc, Construction 
from a farm. Extends to manure made on the relatin^c^"^ 

(«) Lowndes v. Fountain, 11 tion," see Cumberland v. Bowes, 

Ex. 487. The opinion of Parke, 15 C. B. 348 ; 24 L. J., C. P. 46. 

B., was in favour of the latter (^) Fielden v. Tattersall, 7 L. 

construction. T., N. S. 718. 

(/) Clarke v.Westrope, 18 C. (A) Legh v. Lillie, 6 H. & N. 

B. 765 ; 25 L. J., C. P. 287. As 165 ; 30 L. J., Ex. 25. 

to the meaning of a " fair valna- 


farm by cows sold by the tenant and provided 
with provender by the buyer (i). 

Covenant to manure land with two sets of muck 
within the space of six of the last years of tJie 
term, the last set of muck to be laid upon the 
premises within three years of the expiration of 
the term. The tenant may lay on both sets 
of muck within the three last years of the 
term (A). 

Covenant, by outgoing tenant, to leave the manure 
on the farm and sell it to the incoming tenant at 
a valuation. The effect of this covenant is to 
give the outgoing tenant a right of onstand for 
his manure upon the farm, and he has such a 
continuing possession of it and property in it, in 
the meantime, as enable him to maintain an 
action of trespass if the incoming tenant take 
it before the valuation has been made (/). 

Sect. VI. — Fences. 


(1) liability to repair where there is no express agreement .. 214 

Obligation of tenants for life or years 214 

„ „ from year to year or at will . . 215 

(2) Ownership of fences . . . . 215 

General presumption .. .. .. .. ..216 

Obligation to keep np boundaries . . . . . . . . 216 

(1) Liability to repair, where there is no express 

Obligation of It is SO notoriously the duty of the actual occupier of 
OT°yri^f°'"^^^ lands to repair the fences, and so little the duty of the 

(i) Hindle v. Pollitt, 6 M. & A. 416, 418. 
W. 529. (0 Beaty v. CHbbons, 16 East, 

(A) Pownall v. Moore$, 5 B. & 116, 118. 

FENCES. 215 

landlord, who is not in possession, that, without any 
agreement to that effect, the landlord may maintain an 
action against his tenant for not so doing, upon the 
ground of the injury done to the inheritance (m). It Obligation of 
Avould seem, however, that a tenant at will or from year yg^r to veaTor 
to year, since he is not liable for mere permissive waste, *' ^^'' 
is not bound to make good the decay of the fences (n). 
The general rule of law is, that a man is only bound to 
take care that his cattle do not wander from his own 
land and trespass upon the lands of others. He is 
under no legal obligation, therefore, to keep up fences 
between adjoining closes of which he is owner; and 
even where adjoining lands, which have once belonged 
to different persons, one of whom was bound to repair 
the fences between the two, afterwards become the pro- 
perty of the same person, the pre-existing obligation 
to repair the fences is destroyed by unity of o\NTiership. 
And where the person who has so become the owner of 
the entirety afterwards parts with one of the two closes, 
the obligation to repair the fences vnll not revive, unless 
express words are introduced into the conveyance for 
that purpose (o). 

Where two persons have adjoining fields, and there 
is no hedge between them, each must take care that his 
beasts do not trespass upon his neighbour's \a,nd(p). 

(2) Ownership of Fences, Sfc. 
There is no rule as to a certain width which the 
owner of a ditch is entitled to have. No man making 

(ot) Jndgment of Ld. Kenyon, (o) Per Bayley, J., in Boyle v, 

C. J., in CheetJuim v. Uam^son, Tamlyn, 6 B. & C, at p. 337. See 

4 T. R., at p. 319, See Whitfield observations on this case in Bar- 

V. Weedon, 2 Chit. 685. her v, Whiteley, 34 L. J., Q. B., 

(m) See cases cited, awie, p. 200; at p. 216. 

also Oandy v. Juhber, 5 B. & S. (/>) 2 Rol. Abr. 565, pi. 7. See 

78; 33 L. J., Q. B. 151. Churchill v. Evant, 1 Tannt. 629. 



General pro- 

a ditch can cut into his neighbour's soil ; but usually he 
cuts it to the very extremity of his own land. He is, of 
course, bound to throw the soil which he digs out upon 
his own land, and often he plants a hedge on the top of 
it. If he afterwards cuts beyond the edge of the ditch, 
which is the extremity of his land, he cuts into his 
neighbour's soil, and is a trespasser (7). Hence, where 
two adjacent fields are separated by a hedge and a 
ditch, the hedge primd facie belongs to the owner of 
the field in which the ditch is not (r). If there are two 
ditches, one on each side of the hedge, the ownership 
of the hedge must be proved by showing acts of 
ownership (r). 

The common use of a wall separating adjoining lands 
belonging to different owners, is presumptive evidence 
that the wall belongs to the owners of those adjoining 
lands as tenants in common ; for the law will presiune 
that the acts of enjoyment were lawful (5). 

Among other obligations resulting from the relation 
np'bonndari^ of landlord and tenant, a tenant contracts an obligation 
to keep his landlord's property distinct from his own 
property during the term, and at the end of the term to 
leave it clearly distinct, and not in any way confounded 
with his own. If he has put his landlord's property 
and his own together, for his own convenience, in order 
to make the most of it during his tenancy, he is bound 
at the end of the term to render up specifically the 
landlord's land ; and if the tenant has so confounded 
the boimdaries that the landlord's land cannot be ascer- 
tained, the Court of Chancery Avill inquire what was 

Obligation of 

. (g') Per Lawrence, J., in Vorvles 
V. Miller, 3 Taunt., at p. 138. 

(r) Per Bayley, J., in Gvy v. 
West, cited 2 Sclw. N. P. 1244; 

Noye V. Ii£ed, 1 Man. & Ry. 63. 
(«) Cubitt V. Porter, 8 B. & C. 
257, 259, note (J), 266. See Matts 
V. Hawkins, 5 Taunt. 20. 

TREES. 2 1 7 

the value of the landlord's estate, valued fairly, but to 
the utmost, as against the tenant (t). 

Sect. YU.— Trees. 


(1) Where there is no express agreement .. .. .. ..217 

Property in trees as between landlord and tenant . . 217 

„ „ „ and third persons.. 217 

„ bnshes, &c 218 

Estovers 218 

Windfalls 218 

(2) Where there is an express agreement . . . . . . . . 218 

Construction of agreements relating to trees . . . . 218 

(1) Where there is no express Agreement. 

The general property in timber-trees is in the land- Property in 

lord(M). Oak, ash and elm, which are timber-trees tween landlord 

everywhere, by the general rule of the realm, become "^^ tenant 

timber at twenty years' growth {x). By the custom of 

the country, in some places, trees are considered as 

timber which, generally speaking, are not so (y). When 

a particular kind of wood is admitted to be timber by 

the custom of the country, the rule of law applicable 

to timber-trees in general attaches upon it, so as to 

give it the properties and privileges of timber at twenty 

years' growth (z). 

The landlord of a tenant from year to year, although Property in 
, . • f ^ ' t 1 • trees as be- 

there IS no reservation oi the timber on the premises, tween landlord 

may bring an action of trespass against a third person ^^^ ^^^' 

for carrying it away after it has been cut down (a). 

{t) Judgment of Ld. Eldon, in Lit. 53 a. See Whitty v. Dillon, 

A U- Gen. v. Ihllerton, 2 V. & B., 2 F. & F. 67. 

at p. 264. ^Q Att.-Gen. v. Ste- (y) See Chandos v. Talbot, 2 

pliens, 6 De G., M, & G. Ill ; 25 P. W.,atp.606; Aubrey r. Fisher, 

L. J., Ch. 888. 10 East, 446 ; Ck). Lit. 53 a. 

(«) lierriman v. Peacock, 9 (z) Aubrey v. Fisher, 10 East, 

Bing. 384, .S87. 446. 

(a>) Judgment of Ld. Ellen- (a) Ward v. Andrews, 2 Chit 

borough, C. J., in Aubrey v. 636. 
Fisher, 10 East, at p. 465} Co. 



Property in 



Where a tree gi'ows near the land of two persons, so that 
the roots derive nourisliment from the soil of both, the 
property in the tree is to be ascertained by showing 
where it was first sown or planted (i). 

The property in bushes is in the tenant, but if he 
exceeds his right, as by grubbing up or destroying 
fences, he may be liable to an action of waste (c). 
Every tenant, except a tenant at will, may take suffi- 
cient wood to repair the walls, pales, fences, hedges and 
ditches as. he found them; but he cannot make new 
fences, &c. He may also take wood to bum in the 
house, or for repairing the house, and for making 
and repairing implements of husbandry {d) ; but not for 
sale (e). If he cuts down growing wood to burn when 
he has a sufficient quantity of dead wood, he A^^ll be 
guilty of waste (d). In felling timber for repairs, he 
is bound to confine himself to such trees as are adapted 
for that purpose, and to employ them accordingly (/"). 

Windfalls of decayed timber-trees belong to the 
tenant for life or years, and windfalls of trees which 
are not timber, may, in the absence of express excep- 
tion, be claimed by him iff). But windfalls of sound 
timber-trees, as between lessee and lessor, belong to the 
lessor (^). 

of agreements 
relating to 

(2) Where there is an express Agreement. 

Covenant in a lease of a farm and quarries of stone 
thereon, with liberty to work the quarries, and 

(J) Holder v. Coates, M. & M. 
112. See Dixon v. Oeldard, 
Dixon's Law of the Farm, 81. 

(c) Berriman v. Peacock, 9 
Bing. 384, 387. 

id) Co. Lit. 53 b. 

(«) Co. Lit 53 b. See Cmr- 

totvn T. Ward, 1 Sch. & Lef. 8. 

(/) Slmmont v. Norton, 7 Bing. 
640, 649. 

ig) Craig on Trees, 123. See 
Herlakenden's Case, 4 Co. R. 62; 
Channon v. Patch, 5 B. & C. 

TREES. 219 

containing an exception of trees, not to commit 
waste hy cutting down timber-trees, saplings, or 
any other icood or underwood. Cutting down 
wood and underwood necessary to be cut down 
in order to work a quarry on the demised pre- 
mises is not a breach of the covenant (K). 

Covenant that tenant shall not during the term cut 
down any of the coppice of less than ten years* 
growth or at any unseasonable time of the year. 
At the end of the term the landlord agrees to pay 
to the tenant the value of all such growth of cop- 
pice and underwood as shall be then standing 
and growing. The landlord is bound to pay the 
tenant for the value of all the coppice of less than 
ten years' growth left standing on the demised 
premises at the end of the term, though no spe- 
cial consideration appears on the face of the deed 
for the landlord's agreeing to make a compensa- 
tion to the tenant for the value of the part of the 
coppice which the. tenant was not entitled to 
cut (z). 

Covenant to deliver timber growing on the premises 
sufficient for the repairs thereof The timber 
must be sufficient in quality as well as quantity {f). 

Covenant to deliver up at the end of the term all 
the trees standing in the orchard at the time of 
the demise, " reasonable use and wear only ex- 
cepted.^^ If the trees in the orchard are too 
crowded, the removal of such as are past bear- 
ing must be considered as a reasonable use of 
the orchard and trees (A). 

(A) Doe V. Price, 8 C. B. 894; 741, 749. 

19 L. J., C. P. 121. {k) Doe v. Crouch, 2 Camp, 

(i) Late v. Pares, 13 East, 80. 449, 460. 
O) Snell V. Snell, 4 B. & C. 


Covenant not to fell, stub up, lop, or top timber-trees 
excepted out of the demise. The executor of the 
lessor is entitled to sue for a breach of this cove- 
nant committed in the lifetime of the testator (/). 

Covenant not to remove or grub up or destroy trees. 
Removing trees from one part of the premises 
to another, or taking awaj trees, though the 
lessee plants a greater quantity than he takes 
away (those taken away not being dead) will 
constitute breaches of this covenant (m). 

Sect. VIII. — Insurance. 


Constraction of general coyenant to insure 220 

„ covenant to insure in names of specified persons . . 221 
Statutory provisions in case of fire • . • 222 

Construction Under a general covenant to insure and keep insured 

covMiMit to in- ^^^ demised premises, the lessee must keep them in- 
sure and keep gm-ed durinff the whole term (n) ; the covenant is broken 
usured. ^ ^ ^ . 

if they are uninsured at any time (o), although no 

inconvenience or loss may be occasioned to the land- 
lord (p). The insurance must be made within a reason- 
able time after the execution of the lease, and if any 
delay occurs, the onus of showing that such delay is 
reasonable will rest on the tenant {q). The insurance 
must extend to the whole of the premises specified in 
the covenant, since a breach will be committed if any por- 

(0 Raymond v. Fitch, 2 Cr. Peck, 1 B. & Ad., at p. 438. 

"ilL & R. 588. As to the construe- {p) Doe v. Shewln, 3 Camp, 

tion of exceptions of timber, see 134, 137. See Wilson, v. Wilson, 

ante, p. 78. 14 C. B. 616 ; 23 L. J., C. P. 137; 

(m) Doe v. Bird, 6 C. & P. Pi^ice v. Woncood, 4 H. & N. 512; 

1 95. 28 L. J., Ex. 329 ; Doe v. Laming, 

(n) See Hcckman v. Isaac, 6 4 Camp. 73. 

L. T., N. S. 383. (</) Doe v. Uli)h, 13 Q. B. 204 ; 

ip) See judgment in Doe v. 18 L. J., C^. B. 106. 


tion remains uninsured (r). Though no fire occurred 
during the period for which premises remained unin- 
sured, a jury may give more than nominal damages to 
the landlord in respect of the possibility of loss to which 
he has been exposed {s). 

A covenant to insure, which does not specify in what Constraction 
sort of office such insurance is to be effected, is not void j^ ins^ureTn 
for uncertainty (t) ; but express provision is frequently °.^™^^ °^ ^P®" 
made, both as to the office in which the insurance is to sons, 
be effected and the persons in whose names it is to be 
taken out. These particiJars must be carefully observed 
by the tenant. A covenant to insure and keep insured 
in the Joint names of the lessee and lessor wiU be broken 
by an insiu^nce in the name of the lessee only (m) ; but 
if the conduct of the lessor has been such as to induce 
a reasonable and cautious man to believe that he woidd 
do aU that was necessary or required of him by insuring 
in his own name, the lessor cannot recover for a for- 
feiture {x). Although this covenant is not literally 
performed by an insurance in the name of the lessor 
only, it is substantially performed for the benefit of 
the lessor, and he cannot recover for a breach of the 
covenant ; the stipulation for the insurance in the name 
of the lessee being for the exclusive benefit of the 
latter (y). A covenant to insure in the names of three 
lessors, is broken by an insurance effected by the lessee 
in their names jointly with his ovm. (2:). 

(r) Penniall v. Harbor ne, 11 (ar) Doe v. Rone, Ry. & M. 

Q. B. 368 ; 17 L. J., Q. B. 94. 343, 346. As to relief against for- 

(») Hey T. Wyche, 12 L. J., Q. feiture for breach of a covenant 

B. 83, 85 ; 2 G. & D. 569. to insure, see jwst, p. 289. 

{t) Doe V. Shewin, 3 Camp. (y) Hareng v. Middleton, 10 

134. Hare, 641 ; 22 L. J., Ch. 746. 

(«) Doe V. GUtdwin, 6 Q. B. (c) Penniall v. Harhorne, 11 

953; 14 L. J., Q. B. 189. See Q. B. 368; 17 L. J., Q. B. 94. 
Doe T. Rome, Ky. & M. 343. 


So long as the terms of a covenant to insure are not 
complied with, there is a continuing breach, and the 
receipt of rent by the landlord will only operate as 
a waiver of breaches committed before the time when 
such rent was received {a). 

Statatoiy pro- The person entitled to the benefit of a covenant on 

of fire. *^^ P^^^ o^ * lessee (for years or life (sect. 9) ), to insure 

Stat. 22 & 23 against loss or damage by fire, shall, on loss or damage 

Lessor to have ^^ ^^ happening, have the same advantage from any 

benefit of in- then subsisting insurance relating to the building cove- 
sarance not in . . 

conformity nanted to be insured, effected by the lessee m respect 
of his interest under the lease, or by any person claim- 
ing under him, but not effected in conformity with the 
covenant, as he would have from an insiuance effected 
in conformity with the covenant. 

Stat. 14 Geo. 3, The governors or directors of the several insurance 

_ ' ' ' oflEices for insuring houses or other buildings against loss 
Insnrance ^ o o 

offices, on re- by fire are authorized and required, upon the request (to 
sons interested be distinctly made before the office has settled with the 
bnrnt*or^nsn8. ii^surer (b)), of anvpeESQSjpterested in or entitled unto 

picion of fraud any house or other buildings (c), which may hereafter be 

or arson, to •' & \ /» J 

lay out insn- bumt down, demolished or damaged by fire ; or upon 

ranee money j ^ • • ^i . . t 

in rebuilding. ^"7 grounds oi suspicion that the owner, occupier or 

other person who shall have insured such house or other 

buildings, have been guilty of fraud, or of wilfully setting 

their house, or other buildings, on fire, to cause the 

insurance money to be laid out, as far as the same will 

go, towards rebuilding, reinstating or repairing such 

(a) Doe V. Gladwin, 6 Q. B. tenant are not within these words, 

953; U L. J., Q. B. 189. although the tenant has cove- 

(ft) Simpson v. Scottish Union nanted to deliver up the fixtures 

Insurance Co., 1 Hem. & M. 618; at the determination of the te- 

32 L. J., Ch. 329. nancy. Ex parte Gorely, 34 L. 

(c) Trade fixtures put up by a J., Bk. 1 ; 13 W. R. 60. 

TAXES. 223 

house, or othei' buildings so burnt down, demolished or 
damaged by fire ; unless the party claiming such in- 
surance money shall, within sixty days next after his 
claim is adjusted, give a sufficient security to the gover- 
nors or directors of the insurance office where such 
house, or other buildings, are insured, that the same 
insurance money shall be laid out as aforesaid ; or un- 
less the said insurance money shall be, in that time, 
settled and disposed of, to and amongst all the con- 
tending parties to the satisfaction of such governors or 
directors of such insurance office respectively (rf). 

Sect. IX. — Taxes. 


(1) Where there is no express agreement .. .. .. .. 223 

Taxes which fall on the landlord . . . . . . . . 223 

(2) Where there is an express agreennent • . . . . . . . 225 

Agreements relating to property tax . . . . . . 225 

Payment of tithe rent-charge . . . . . • . . 225 

Construction of agreements relating to payment of taxes 226 

(1) Where there is no express Agreement. 
As a general rule, taxes and rates are payable in the Taxes which 
first instance by the tenant. In the following cases he lord. 
may obtain repayment by deducting the amount from 
his next pa}Tiient of rent : — Where he has paid the 
landlord's share of the property tax {e), or the landlord's 
proportion of the land tax or sewer's rate ; or rent- 
charge in lieu of tithes (y*). One-half of the cattle 
plague rate may also be deducted from the growing 

(rf) This section is of universal within the limits mentioned in 

application, and not limited in its the above act, will run with the 

operation to the metropolitan dis- land. See Vernon v. Smith, 5 B. 

trict. See Ex parte Gorely, 34 & A. 1, 5. 

L. J., Bk. 1 ; 13 W. R. 60. It {e) See ante, pp. 119, 120. 

seems to follow that a covenant (/) Ante, p. 120. 
to insure premises, not situate 



Stat. 32 & 33 
Vict c. 41, 
8. I. 

Tenant for 
Bhorter tenn 
than three 
months maj 
deduct |>oor 
rates }>aid by 
him from 

Sect 2. 
Soch tenant 
not to be com- 
pelled to paj 
at one time 
more than one 
quarter's rate. 
Where owner 
who is liable 
to pay poor 
rates neglects 
to do so, tenant 
mav pay and 
deduct from 

rent due to the owner of the premises in respect of 
which the rate is levied (^). 

The occupier of any rateable hereditament let to 
him for a term not exceeding three months, shall be 
entitled to deduct the amount paid by him in respect of 
any poor rate assessed upon such hereditament from 
the rent due or accruing due to the owner, and every 
such payment shall be a valid discharge of the rent to 
the extent of the rate so paid. 

No such occupier shall be compelled to pay to the over- 
seers at one time, or within four weeks, a greater amount of 
the rate than would be due for one quarter of the year. 

Where an owner who has undertaken, whether by 
agreement with the occupier or with the overseers (A), 
to pay the poor rates, or has otherwise become liable to 
pay the same (i), omits or neglects to pay any such rate, 
the occupier may pay the same, and deduct the amount 
from the rent due or accruing due to the owner, and the 
receipt for such rate shall be a valid discharge of the 
rent to the extent of the rate so paid. 

(g) Stat 32 & 33 Vict c. 70, 

(A) In case the rateable valne 
of any hereditament does not ex- 
ceed twenty pounds if situate in 
the metropolis, or thirteen pounds 
if sitnate in any parish wholly or 
partly within the borough of Liyer- 
pool, or ten pounds if sitnate in 
any parish wholly or partly within 
the city of Manchester or the 
borough of Birmingham, or eight 
pounds if sitnate elsewhere, and 
the owner is willing to enter into 
an agreement in writing «-ith the 
overseers to become liable to them 
for the poor rates, for any term 
not less than one year, and to pay 
the poor rates whether the here- 

ditament is occnpied or not, the 
overseers may, subject to the con- 
trol of the vestry, agree with the 
owner to receive the rates from 
him, and to allow to him a com- 
mission not exceeding twenty-five 
per cent on the amount thereof 
(sect 3). 

(i) The vestry of any parish 
may order that the owners of all 
rateable hereditaments to which 
section three of this Act extends, 
situate within such parish, shall 
be rated to the poor rate instead 
of the occupiers. Provided that 
this clause shall not be applicable 
to any rateable hereditament in 
which a dwelling-house shall not 
be included (sect i). 

TAXES. 225 

(2) Where there is an express Agreement. 
No covenant or agreement between landlord and Agreements re- 
tenant, or any other persons, touching the payment of perty tax. 

taxes and assessments, to be charged on their respective Stat. 5 & 6 

. Vict. c. 35 

premises, shall be deemed to extend to the duties charged g. 73. 

thereon under this act, nor to be binding contrary to the Agreements 

. contrary to 

intent and meaning of this act ; but all such duties shall meaning of act 

be charged upon and paid by the respective occupiers, -^g ® 

subject to such deductions and repayments as are by 

this act authorized and allowed ; and all such deductions 

and repayments shall be made and allowed accordingly, 

notwithstanding such covenants or agreements. 

All contracts, covenants and agreements made or Sect. 103. 

entered into or to be made or entered into for payment Agreements 

^_ •' for payment of 

of any rent in full, without allowing such deduction (for rent without 

1 \ini 1 • -i / n 1 dedacting prt>- 

the property tax), shall be utterly void (so tar as regards perty tax to bo 
such non-allowance of the deduction {k). A provision ^^^^ 
for reducing the rent if the property tax shall be re- 
pealed is, however, valid (/) ). 

If any occupying tenant of land shall quit, leaving Payment of 
unpaid any tithe rent-charge charged upon such land, chArJc^ 
wliich he was by the terms of his tenancy legally, or Stat. 14 & 15 
equitably, liable to pay, and the tithe OAvner shall give s. i. ' 
notice of proceeding by distress upon the land for Landlord or 
recovery thereof, it shall be lawftd for the landlord, or tenant mav 
the succeeding tenant or occupier, to pay such tithe P^y^t'the rent- 
rent-charge, and any expenses incident thereto, and to unpaid by 

.1 preceding 

recover the amount he may so pay, over agamst such tenant, and 

(A) GasMl V. mntf, 11 East, & S. 217, 235 ; 31 L. J., Q. B. 36; 

165 ; limihhaw v. Balders, 4 32 L. J., Q. B. 41. 

Taunt. 57; Fuller v. Ahbot, lb. (0 Colbrm v. Travers, 12 C. 

105 ; Tinckler v. Prentice, lb. B., N. S. 181 ; 31 L. J., C. P. 257. 
649. Sec Festinff v. Taylar, 3 B. 

F. Q 



recover amount first-named tenant or occupier, or his legal representa- 
tives, in the same manner as if the same were a debt by 
simple contract due from such first>-namcd tenant or 
occupier to the landlord or tenant making such pay- 

of agreements 
relating to 
payment of 

Agreement, by tenant^ to pay all taxes, Sfc. The 
words comprehend the land tax, although not 
specially mentioned (m). 

Covenant, by lessee, to pay all taxes, charges, rates, 
tithes, or rent-charge in lieu of tithe, dues, and 
duties whatsoever now, or at any time during the 
demise, imposed upon the demised premises. Does 
not relate solely to rates payable by the landlord, 
but includes all rates imposed on the lessee in 
respect of his occupation, and all future rates 
which may be imposed on the land (n). 

Covenant, by lessor, to pay all taxes on the land de- 
mised. Does not include poor rates (o). 

Covenant to pay parliamentary taxes. Includes 
the land tax ( /?) and all taxes directly imposed 
by parliament; but not a county rate (9'), or 
sewer's rate(r), or an assessment levied under 
an act for repairing a bridge, to the repair of 
which the owners of land are liable ratione 
tenuroe («). 

(f») Amjield v. White, Ry. & 
M. 246. 

(n) S«r»<T,B«r##,4Ex. 671; 
19 L. J., Ex. 410. 

(0) Theed V. Starkey, 8 Mod. 

ip) Manning v. lMnn,2 C. & 
K. 13. See Christ's Hospital v. 
HarHld, 3 So. N. R. 126 ; 2 M. 

& Gr. 707. 

(j) See Palmer v. Earith, 14 
M. & W., at p. 430. 

(r) Palmer r. Earith, 14 M. & 
W. 428; 14 L. J., Ex. 256. See 
Brewster v. Kitchel, 2 Salk. 616. 

(<) Baker v. Qreenhill, 3 Q. 
B. 148. 

TAXES. 227 

Covenant to pay parochial faxes and assessments. 
Apparently includes a county rate (t). 

Covenant, bi/ lessee, to pay all such parliamentary, 
parochial and county, district and occasional 
levies, rates, assessments, taxes, charges, imposi- 
tions, co7itributions, burdens, duties and services 
whatsoever as during the term shall be imposed 
upon the premises. The lessee will be liable for 
the expense of executing drainage works done by 
the authority of" The Metropolis Local Manage- 
ment Act, 1855 "(m). 

Covenant, by tenant of a house, to pay all taxes, 
rates, duties and assessments whatsoever which 
during the demise shall be imposed on the tenant 
or landlord of the premises demised in respect 
thereof, whether parliamentary , parochial or 
otherwise. Extends to a payment which the 
Jandlord has been obliged to make, under the 
Metropolis Local Management Acts, for the 
paving of the street (x). But if under a local 
improvement act the landlord's duty in the first 
instance is not to pay money but to pave the 
street, with a provision that, on default of the 
landlord, the council may pave and charge 
the landlord with the expenses thereof, or, by 
way of additional remedy, charge the occupier, 
who may deduct sums so paid from his rent ; 
a tenant who has entered into a covenant similar 
to that above mentioned will not be liable to 

{t) Reg. v. Aylesbury, 9 Q. B. (a;) Thompson v. Lapworth, 37 

261. L. J., C. P. 74 ; L. R., 3 C. P. 149. 

(?f) Sweet V. Seager, 2 C. B., See Payne v. Burridge, 12 M. & 
N. S. 119. W. 727 ; 13 L. J., Ex. 190. 



repay to the landlord the amount of such ex- 
penses (t/). 

Agreement to demise a farm at the yearly rent of 
40/. -payable quarterly, free of all outgoings. 
The landlord is entitled to a net rent payable 
free of land tax and tithe commutation rent- 
charge {z). 

Covenant, by landlord, to pay land tax. The land- 
lord is only liable to pay land tax in proportion 
to the rent reserved to him, and not accord- 
ing to the rent upon which the premises are 
taxed (a). 

Covenant to pay a yearly rent of 601. clear of all 
rates and assessments, sewer's rate and land tax 
excepted. Where the tenant, by building on the 
land, has increased its rateable value, he is only 
entitled to deduct the proportion of the sewer's 
rate and land tax payable upon the original 
rent (b). 

Covenant, by lessor, to pay all taxes now chargeable 
on the demised premises, and by lessee to pay all 
fresh taxes which shall hereafter be charged on 
the premises. The lessor must pay the taxes 
chargeable on the premises at the time of making 
the lease, but the lessee must pay all fresh taxes, 
and also all such additions to the amount of the 
taxes formerly chargeable, as are occasioned by 
the improved value of the premises (c). 

(y) Tidswell v. Whitworth, 86 440; Watson v. Home, 7 B. & C. 

L. J., C. P. 103; L. R., 2 C. P. 285. See Ward v. Const, 10 B. 

326. & C. 635. 

(«) Parish T. Sleeman, 1 De G., (ft) Smith t. Humble, 15 C. B. 

F. & J, 326 ; 29 L. J., Ch. 96. 321 ; Hyde v. Ilill, 3 T. R. 377. 

(a) Yaiv V. Leman, 1 Wils. 21; (<?) Watson v. Atkins, 3 B. & 

Whitfield \.nrandwood,2^task. A. 647. See Graham v. Wade, 


Sect. X. — Quiet Enjoyment. 


( 1 ) Where there is no express agreement . . . . . . . . 229 

Implied contract for quiet enjoyment . . . . . . 229 

What constitutes an eviction . . . . .... 230 

(2) Where there is an express agreement . . . . . . . . 232 

Construction of restricted coyenant for quiet enjoyment 232 

„ general covenant „ „ . . 233 

„ special covenants „ „ . . 233 

Damages for breach of covenant „ „ . . 234 

(1) Where there is no express Agreement, 
A contract for quiet enjoyrnent is implied under a Implied con- 
parol demise of a tenement (d). An action of covenant enloyment."^ 
will lie against the lessor upon the word " demise " in 
a lease by deed, for that word imports a covenant in 
law on the part of the lessor that he has good title, and 
that the lessee shall quietly enjoy during the term (e). 
But this implied covenant ceases with the estate of the 
lessor; hence if, under a lease made by a tenant for 
life (not contaiaing any express covenant for quiet en- 
joyment) the lessee is evicted by the remainderman 
after the death of the lessor, the lessee cannot maintain 
an action upon an implied covenant for quiet enjoyment 
against the executor of the tenant for life {f). A per- 
son who lets premises agrees to give possession, and not 
merely to give a chance of a lawsuit {g). If he does not 
give possession the lessee may recover damages against 

16 East, 29 ; Hurgt r. Hurtt, 4 (e) Per Littledale, J., in Bur. 

Ex. 571 ; 19 L. J., Ex. 410. neU v. Lynch, 5 B. & C, at p. 

(rf) Bandy v. Cartwrlght, 8 609; Iggulden v. May, 9 Ves., 

Ex. 913 ; 22 L. J., Ex. 285 ; Hall at p. 330. 

v. aty of London Brewery Co., (/) Adams v. CHhney, 6 Bing. 

2 B. & S. 737 ; 31 L. J., Q. B. 656. See Penfold v. Abbot, 32 

257. See Granger v. Collins, 6 L. J., Q. B. 67 ; 11 W. R. 169 ; 7 

M. & W. 458; Meisent v. Rcy- L. T., N. 8. 384. 

nolds, 3 C. B. 194 ; 15 L. J., C. P. (g) Judgment in Coe v. Clay^ 

226. 5 Bing. 440. 


him, and is not obliged to bring ejectment against an 
occupier who wrongfully refuses to quit (h). One of 
the necessary consequences of the implied agreement on 
the part of every landlord for his tenant's quiet enjoy- 
ment is that the landlord, if himself a lessee, shall, by 
paying over to the superior landlord the rent received 
from the under-tenant, protect such under-tenant from 
the superior landlord's distress {i). 

The covenant implied in the word " demise " will be 
qualified and restrained by an express covenant for quiet 
enjoyment (A). Hence, the lessee, upon an eviction by 
a paramount title, cannot recover under the implied 
covenant if the lease contains an express covenant for 
quiet enjoyment against the lessor and those who claim 
imder him (/). The implied indemnity is also limited 
to the wrongful entry of the lessor or of persons claim- 
ing under or paramount to him {m). No action will lie 
upon it for an eviction of the tenant by a stranger (n). 
What consti- To constitute an eviction of a tenanlf by his landlord 
tion. ' which will operate as a suspension of rent, it is not 

necessary that there should be an actual physical ex- 
pulsion from any part of the premises; any act of a 
permanent character done by the landlord or by his 
authority, with the intention of depriving the tenant 
of the enjoyment of the premises as demised, or any 
part of them, wiU operate as an eviction (o). Whether 
such intention does or does not exist is a question for a 

(A) Coe V. aay, 6 Bing. 440; N. C. 678; 5 Bing. N. C. 183. 

Jinks V. Edwards, 11 Ex. 775. (JL) Merrill y. Frame^ilaxoA. 

See Drury v. Mactiamara, 5 E. 329. 

& B. 612 ; 25 L. J., Q. B. 5. (m) Smith L. & T. 285. 

(i) Hee jndgment in Hatwook r. (») See Andrew's Case, Cro. 

Cb^yn,8Bing.,atp.366. SeeUjtton Eliz. 214. 

V. Ferguss(m, 3 Moo. & Sc. 88. (o) Upton v. Townend, 17 C. B. 

(*) Line v. Stephenson, 4 Bing. 30 ; 25 L. J., C. P. 44. 


jury ( p). Where a tenant from year to year quits at 
the end of the current year without notice, and before 
the expiration of the next half-year the landlord lets the 
premises to another tenant, who occupies them, such 
letting constitutes an eviction of the previous tenant {q), 
and the landlord is not entitled to recover rent from him 
for the period which elapsed from the time when he 
quitted the premises to the time when the landlord 
relet them (r), or for any subsequent period during 
which they may be unoccupied (5). The landlord who 
relets should give notice to the former tenant that he 
lets the premises solely on such tenant's account («). If 
while a tenant is in the possession of premises, the 
landlord enters and uses any part of them, he thereby 
deprives himself of his claim to rent(#). So also if 
after a tenant has left a house unoccupied, the land- 
lord enters and is in profitable occupation of the house, 
he cannot recover rent from the tenant after such 
occupation; but this result will not be produced by 
merely putting a person into the house to take care 
of it and prevent depredations (m). The landlord of 
apartments deserted by the tenant may recover rent, 
although he has put up a bill in the window for the 
purpose of letting them (x), or has lighted fires in the 
rooms and made some use of such fires (t). 

(p) V^pton V. Townend, 17 C, (r) Hall v. Burgess, 5 B. & C. 

B. 30; 25 L. J., C. P. 44 ; Hen- 332. 

derson v. Mears, 28 L. J., Q. B. («) Walls v. Atoheson, 3 Bing. 

305 ; 7 W. R. 654. See Wheeler 462. 

V. Stevenson, 6 H. & N. 155 ; 30 {t) Griffith v. Hodges, I C. & 

L. J., Ex. 46. P. 419, 420. 

{q) Judgment of Holroyd, J., («) Bird v. Defonvielle, 2 C. 

in Hall v. Burgess, 5 B, & C, at & K. 415. 

p. 333. ix) Eedpathv.I{oberts,3F,ep. 




of restricted 
covenant for 
qniet enjoy- 

(2) Where there is an express Agreement. 

The ordinary covenant, by the lessor, for quiet enjoy' 
ment as a yainst any person claiminy by , from or under 
him, is broken by an eviction of the tenant by the 
lessor's widow entitled under a conveyance taken by 
the lessor to the use of himself and his wife {y) ; also by 
an eviction by a person claiming under a prior appoint- 
ment by the covenantor and another person (z) ; but a 
distress for arrears of land tax due from the lessor at 
the time of the demise >viU not operate as a breach {a). 
The lessee of a house and garden, forming part of a 
large area of building ground, is not entitled under 
this covenant to restrain the lessor or persons claiming 
under him from building on the adjoining land so as to 
obstruct the free access of light and air to the garden {b). 
When contained in a lease of the exclusive right of 
shooting and sporting over a farm, this covenant does 
not hinder the tenant of the farm from using the land 
in the ordinary way, or from destroying fiirze and under- 
wood in the reasonable use of the land as a farm ; and 
the lessor will not be liable for wrongful acts committed 
by such tenant contrary to the reservation of his land- 
lord (c). Under a covenant in the form above men- 
tioned contained in a lease of a stream of water, ex- 
cepting so much as should be sufficient for the supply 
of persons with whom the lessor should have already 
contracted, diversions occasioned by contracts made pre- 
viously to the demise will not constitute breaches {d). 

(y) Butler v. Swinnerton, Cro. 
Jac. 657. 

(2) Calvert v. Sebright, 15 
Bear. 156. 

(fl) Stanley v. Hayet, 8 Q. B. 

(J) Potti V. Smith, 38 L. J., 

Ch. 68; L.R., 6Eq. 311. 

(<?) Jeffries v. Evans, 34 L. J,, 
C. P. 261, 264 ; 19 C. B., N. S. 
246. See Nervton v. Wilmot, 8 
M. & W. 1\\\ post,^. 261. 

(<f) Blatchford v. Plymouth, 
3 Bing. N. C. 691. 


Where the covenant provides that the lessee shall quietly 
hold and enjoy the premises for and during the said 
term, the last words must be taken to refer to the term 
which the lessor assumed to grant by the lease, and not 
to the term which he actually had power to grant (e). 

A general covenant for quiet enjoyment extends only Constrnction 
to the acts of persons claiming under a lawful title {f) ; covenant for 
for the law will never adjudge that a lessor covenants ^^^^ enjoy- 
against the wrongful acts of strangers, except his cove- 
nant is express to that purpose (^). The construction, 
however, is different where an individual is named ; for 
there the covenantor is presumed to know the person 
against whose acts he is content to covenant, and may 
therefore be reasonably expected to stipulate against 
any disturbance from him, whether by lawftd title or 
otherwise (Ji). 

Under a general covenant for quiet enjoyment con- 
tained in the lease of a coal mine, the working of iron- 
stone lying between the surface and the demised coal in 
such a manner as to interrupt the lessee in his occu- 
pation of the mine, wiU constitute a breach {i). 

Covenant, Jy lessor, in an underlease, that lessee shall Construction 
hold the premises without any lawful eviction, covenant for 
§"0. by the lessor, or any persons whomsoever 1^®' enjoy- 
claiming by, from, under or in trust for her, or 
by or through her acts, MEANS, right, 8fc. An 
eviction of the underlessee by the original lessor 

(c) Evans v. Vaughan, 4 B. & (A) Judgment of Ld. Ellen- 

C. 2G1, 268. borough, C. J., in Nash v. Palmer, 

(/) Dudley v. Folliott, 3 T. 5 M. & S., at p. 380; Fowle v. 

R. 684. Welsh, 1 B. & C. 29. 

{g) Wotton V. Ilele, 2 Wms. (i) Shaw v. Stenton, 2 H. & N. 

Sannd. 178, note (8). 858; 27 L. J., Ex. 253. 



Damages for 
breach of 

for a forfeiture incurred by the use of the premises 
as a shop, contrary to a covenant in the original 
lease, of which the underlessee had not been in- 
formed, is not an eviction by means of the lessor 
within the meaning of the covenant (/). 
Covenant that the tenant, paying the rent and per- 
forming the covenants, shall quietly enjoy. The 
payment of rent is not a condition precedent to 
the performance of the covenant for quiet enjoy- 
ment (w). 
Clause in a deed whereby the lessor "for himself, 
his heirs and assigns, the premises unto {the 
lessee), his executors, administrators and assigns 
under the rents, covenants, Sfc. before expressed, 
against all persons whatsoever lawfully claiming 
the same, shall and will, during the term, war- 
rant and defend.^^ The clause operates as an 
express covenant for quiet enjoyment during the 
whole term granted by the lease (»). 
Upon the breach of a covenant for quiet enjoyment 
in a lease, which turns out to be void, and under which 
the lessee has entered, the lessee is entitled to recover 
the value of the term and the costs of defending an 
action of ejectment, and also the sum recovered as mesne 
profits by the plaintiff in such action (n). The same 
rule applies where the lessee has not actually entered, 
but has only an inter esse termini (o), and where he has 
accepted a new lease of the premises fi'om the person 
entitled to them, the difference in value between the two 

(Z) Spencer v. Marriott, 1 B. 
& C. 457. See Woodhouse v. 
Jenkins, 9 Bing. 431. 

(m) Dawson v. Dyer,51i. & Ad. 


(/i) Williams v. Burrell, 1 C. 
B. 402; 14 L. J., C. P. 99. 

(o) See ante, p. 107. 


leases may be used as a test of the amount of damages 
to which he is entitled {p). 

Sect. XI. — Underleases. 


(1) Right to underlet 235 

Where there is no express agreement . • . . . . 235 
Where there is an exjjress agreement . . . . . . 236 

(2) What constitutes an underlease . . . . • • • • • • 236 

Underleases distinguished from assignments . . . . 236 

(3) Rights and liabilities of underlesseo . . • . . • • • 237 

As against original lessor . . . . . . . . • • 237 

„ nnderlessor . . . . . . . . . • 238 

,, co-lessees . . . . . • . . . • 239 

(1) Right to underlet. 

A lessee for years or from year to year, unless re- Where there is 
strained by express agreement, may, without the con- agreement, 
sent of his lessor, grant underleases for any number of Tenant for 
years less than the term for which he holds the premises, year to year. 
A deraise by a tenant from year to year to another, 
also to hold from year to year, is, in legal operation, a 
demise from year to year during the continuance of the 
original demise to the intermediate landlord {q). 

There cannot, strictly speaking, be a tenant to a Tenant at wiU. 
tenant at will, since, if the latter leases, the will is 
determined (r). But though a tenant at will cannot, 
as against his landlord, constitute another person tenant 
at wiU, he can make a tenant at will as against him- 
self (s). One tenant at sufferance cannot make ano- Tenant at 
ther(0. Bofferance. 

{p) Lock V. Funce, 34 L. J., 9 B, & C. 909. 

C. P. 201 ; 35 L. J., C. P. 141 ; (r) Judgment of Bailer, J., in 

19 C. B., N. S. 96 ; L. R,, 1 C. P. Birch v. Wright, 1 T. R., at p. 

441. 382, See7;o«f, p. 240, n(r). 

(^q) Per Parke, B., in Oxley v. («) Per Patteson, J., in Doe v. 

James, 13 L. J., Ex., at p. 359 ; Carter, 9 Q. B., at p. 865. 

13 M. & W. 209 ; Pike r. Eyre, {t) Judgment of Ld. Ellen- 


Where there ia 
•n express 


of express 
relating to 

There is nothing unreasonable in a covenant not to 
sublet without licence, although contained in a building 
lease (u). 

Covenant, b?/ lessee, not to grant any underlease for 
any term whatsoever^ or let, assign, transfer, 
set over or otherwise part with the messuage 
and premises without the special licence of the 
lessor. Extends only to such underletting as a 
licence might be expected to be applied for, and 
therefore letting lodgings is not a breach of the 
covenant {w). 

Covenant not to assign, transfer, set over or other- 
wise do or put away the lease or premises. Does 
not extend to an underlease for part of the 
term (x). 

Proviso not to assign or otherwise part with the 
premises or any part thereof for the whole or 
any part of the term. The words include an 
imderlease ( y). 

Covenant not to let, set or demise the premises for 
all or any part of the term. An assignment 
Avill be a breach {z). 

(2) What constitutes an Underlease. 
Underleases The term granted by an imderlease must, in gene- 

distingnished w x i i i . ' & 

from assign- ral (a), be shorter than that which the imderlessor 

borough, C. J., in Thimder v. 
BeloJier, 3 East, at p, 451. See 
Shopland v. Ryoler, Cro. Jac. 55. 

(?/) Haherdashers' Co. v. Isaac, 
3 Jnr., N. S. 64. 

(w) Doe V. Laming, 4 Camp. 
77. But see Roe v. Sales, 1 M. & 
S. 297 ; and observations of Parke, 
B., in Greenalade v. Ttij/scoit, I 

Cr. M. & R., at p. 69. 

(a?) Cnisoe v. Bughy, 2 W. Bl. 
766 ; Church v. Brown, 15 Ves., 
at p. 265. 

(y) Doe V. Worsley, 1 Camp. 

(z) Oreenamay v, Adams, 12 
Ves. 395. 

(a) See ante, p. 136, note (t). 


himself possesses. A grant by a man by deed of the 
whole of his interest in premises, or of a greater interest 
in them than he actually possesses (A), will operate as 
an absolute conveyance or assignment, whatever may 
be the form of words used, and though the deed reserves 
rent, and contains a power of re-entry on non-payment 
of rent (c). In some recent cases it has, however, been 
held, that where the parties intend to create the relation 
of landlord and tenant, a parol demise for all the residue 
of the interest of the lessor, since it cannot operate as 
an assignment, may be construed a lease, and that the 
lessor may maintain an action of use and occupation, 
or of debt for the rent thereby reserved, though he 
cannot distrain for it(</). 

(3) Rights and Liabilities of Underlessee. 

The underlessee is not personally liable for the rent As against 
reserved in the original lease, but any goods belonging °"8*°* ®^**'"- 
to him which are upon the demised premises may be 
distrained for arrears of rent due by the original lessee {e). 
At law the underlessee is not directly liable for breaches As to cove- 
of the covenants in the original lease (/), but he may be ^^^ i^i^. " 

(J) Hicks V. Donningy 1 Ld. N. C. 19 ; Williams v. Eayward, 

Eaym. 99; Wollaston v. Hake- IE. &E. 1040; Pollock y. Stacy, 

Kill, 3 M, & Gr. 297; 10 L. J., C. 9 Q. B. 1033 ; 16 L. J., Q. B. 132. 

P., pp. 308, 309. See Baker v. See observations of Bovill, C. J., 

Oostling, 1 Bing. N. C. 19. in Beardvwre v. Wilson,Z%'L. 3 ., 

(c) Smith V. Mapleback, 1 T. C. P., at p. 92 ; L. K., 4 C. P., 

R. 441 ; Palmar v. Edwards, 1 at p. 58. See also Poultney v. 

Dongl. 187 (note); Parmenter v. Holmes, 1 Stra. 405; Preece v. 

Webber, 8 Taunt. 593 ; Thorn v. Corrie, 5 Bing. 24. 
Woolcovibe, 3 B. & Ad. 586; (e) See ante, pp. 137, 170, 

Pluck V. Digges, 5 Bligh, N. S. note (e). 

31 ; Beardviore v. Wilson, 38 L. (/) Berney v. Moore, 2 Ridg. 

J., C. P. 91 ; L. R., 4 C. P. 57. P. C, at p. 323. 

(<f) Baker v. Oostling, 1 Bing. 



considered to 
have notice of 
covenants in 
original lease. 

Liability of 
underlessee to 

As to repairs. 

evicted by the original lessor for a forfeiture incurred by 
such breaches, and, in that case, it would seem that, in 
the absence of fraudulent misrepresentation or conceal- 
ment, he will have no remedy against his immediate 
lessor (^). The original lessor may obtain an injunc- 
tion from the Court of Chancery to restrain the under- 
lessee from committing breaches of the covenants in the 
original lease {h). It is the duty of a person contracting 
for an underlease from year to year (i), or for any longer 
term, to inform himself of the covenants contained in 
the original lease ; and if he enters and takes possession 
of the property, he will be considered as having full 
notice of, and will be bound by such covenants Q'). 
Where a person takes an underlease from the assignee 
of a lease, the imderlessee, without notice, is bound by 
the covenants contained in the assignment (k). 

Covenants to repair in a lease and an underlease 
granted at different periods, though in terms the same, 
are in effect substantially different (Z), because the un- 
derlessee is only bound to put the premises in the same 
condition as he found them in at the time of the lease to 
him(Z). Where an underlease contains a covenant to 
repair identical in language ^vith a covenant contained 
in the original lease, and the original lessor has sued 
the lessee on his covenant to repair, the latter may re- 
cover from his underlessee the damages obtained by 

(^) See Spencer v. Marriott, 
1 B. & C. 457, 459 ; Hayward v. 
Parke, 16 C. B. 295 ; 24 L. J., C. 
P. 217. But see Van v. Ct>rj)e, 3 
My. & K. 2G9. 

( h) See Clevients v. Welles, 35 
L. J., Ch. 265 ; L. R., 1 Eq. 200. 

(i) Wilson V. Hart, 35 L. J., 
Ch. 569 ; L. R., 1 Ch. 403. 

{j) Cesser v. Collinge, 3 My. 
& K. 283; Flight v. Barton, U. 
282; Clements v. Welles, 35 L. 
J., Ch. 265 ; L. R., 1 Eq. 200. 

(A) Clements v. Welles, 35 L. 
J., Ch. 265, 267 ; L. R., 1 Eq. 200. 

(0 Walker y. Hatton, 10 M. 
& W. 249, 257; 11 L. J., Ex. 


the original lessor, but not the costs incurred by de- 
fending the action (m). Premises held under a lease 
containing a clause of re-entry for want of repairs 
were underlet, and the underlessee undertook to repair 
within three months after notice; the original lessor 
having threatened to insist on the forfeiture if the pre- 
mises were not repaired, and the underlessee not having 
repaired at the expiration of three months after notice 
to do so, the original lessee entered and repaired: it 
was held that he might recover from the underlessee the 
sura expended in such repairs («). An undertenant As to rent, 
may deduct from his rent compulsory payments made 
by him of arrears of rent due from the original 

tenant to the original landlord (o). Where under- Liability of 
1 111 i ..• i» • ^ T i- J underlesseea 

lessees hold separate portions oi premises at distmct as between 

rents, the whole of the premises being held under one i^emaelves. 
original lease at an entire rent ; and one of the under- 
lessees under threat of a distress by the owner of the 
reversion on the original lease pays the whole rent, an 
action is not maintainable by him to recover from the 
other underlessee, as money paid to his use, the propor- 
tion of the rent due from him (jo). 

Sect. XII. — Assignments. 


(1) Voluntary 240 

(a) Kigbt to a8sig:n . . . . . . . . . . . . 240 

Where there is no express agreement ... . . 240 

Where there is an express agreement . . . . 240 

Construction of covenant not to assign . . 241 
Operation of licence . . . . . . . . 242 

(m) Walker v. Hatton, 10 M. (») Colley v. Streeton, 2 B. & 

& W. 249, 257 ; 11 L. J., Ex. C. 273. 
361 ; Penley v. WaUs, 7 M. & (o) Ante, p. 121. 

W. 601 ; 10 L. J., Ex. 229. (p) Hunter v. ITunt, I C. B. 





(1) Volantary — continued. 

(b) Mudc of making assignment . . . . . . , • . 244 

Statutory requiHites .. .. .. .. ». 241 

(c) Rights and lial)ilitics of assignee. .. .. .. 245 

As against lessor . . . . . . . . . . 245 

In what cases covenants mn with land . . 24ti 

Effect of rc-assignment . . . . . . 249 

Continncd liability of lessee . . . . . . 250 

As against lessee . . . . . . . . . . 250 

Covenants to indemnify lessee . . . • 250 

Rights of assignee as to title .. .. .. 251 

(d) Grant by landlord of his reversion 252 

(2) Involuntary 253 

(a) On death 253 

Of lessor 253 

Of lessee . . . . . . . . . . . . 254 

(b) On bankruptcy of lessee . . . . . . . . . . 256 

(c) On conviction of lessee for felony . . . • . . 258 

Where there 
is no express 

Where there 
is an express 

(1) Voluntary Assignments. 
(a) Right to assign. 

The right to assign, unless expressly restrained, is 
incident to the estate of every tenant (5'), except a 
tenant by sufferance. An assignment by a tenant at 
will determines the tenancy if the lessor has notice, but 
not otherwise (r). 

The lessor, either by proviso or covenant, may restrain 
the lessee from assigning ; and if the lessor grants the 
term subject to a condition that it shall cease if the 
lessee assigns, an assignment by the lessee will be void. 
But where the restraint is by covenant only, the lessee 
by assigning will commit a breach of covenant, but the 
assignment itself will not be void(s). A proviso against 
assijmment without licence contained in a lease to the 
lessee, his executors, administrators and assigns, is not 

(j) See Church v. Brown, 15 
Ves., at p. 264. As to assign- 
ments of leases to which Innatics 
are entitled, see stat. 16 & 17 Vict. 
c. 70, 8. 127. 

(r) Pinhorn t. Sautter, 8 Ex. 

763; 22 L. J., Ex. 266; Carpen- 
ter y. Colin$, Yelv. 73. See post. 
Chap, v.. Sect. 1, (b). 

(») See remarks of Holroyd, J., 
in Paul V. Nurse, 8 B. & C, at 
p. 488. 


repugnant; for the assigns mentioned in the proviso 

must-be understood to be such as the lessee may lawfully 

have, i. e. assigns by licence (^). 

A covenant not to assign or otherwise part with the Constrnction 
, . , , J /. . J 7 of covenant 

demised premises or any part thereof without the not to assign. 

licence of the lessor does not extend to an involuntary 
assignment, upon the death (m) or bankruptcy of the 
lessee {x) ; or under a bond fide execution against 
him (y) ; or to a railway company under the Lands 
Clauses Consolidation Act {z) ; but if the tenant gives 
a warrant of attorney for the express piu-pose of 
having the lease taken in execution (a), or executes 
a deed assigning his property for the benefit of his 
creditors (6), he will commit a breach of the cove- 
nant. A trustee in bankruptcy (a;), and perhaps also 
an executor or administrator where not named in the 
covenant, may dispose of the lease as assets, notwith- 
standing a proviso or covenant that the lessee shall not 
alien (m). It seems that the covenant will not be broken 
by a bequest of the term by the lessee (c). Depositing 
the lease with a creditor as security for an advance of 
money (</), or a mere parting with the possession, — no 
transfer of the lease being executed so as to make the 

(<) Weatherall v. Geering, 12 (a) Doe v, CaHer, 8 T, R. 300. 

Ves. 504, 511. {b) Holland v. Cole, 1 H. & C. 

(«) See Seerg v. Rind, 1 Ves. 67 ; 31 L. J., Ex, 481. 

jun., at p. 295; Roe v. Harrison, (o) Per Bayley, J., in Doe v. 

2 T. 11. 425. Sevan, 3 M. & S., at p. 3G1 ; 

(x) Doe V. Bevan, 3 M. & S. Cnigoe v. Bnghy, 3 Wils., at p. 

353, 358, 360. See Weatlierall v. 237. But see Knight v. Mortjt 

Geering, 12 Ves. 504; Doe v. Cro. Eliz, 60; Barry y. Stanton, 

Smith, 5 Taunt. 795. lb. 330. 

(y) Doe V. Carter, 8 T. R. 57. (r/) Doe v. Laming, Ry. & M. 

(z) Slipper v. Tottenham and 36'? Doe v. Hogg, 4 D. & R. 226. 

Havipstead Junction By. Co., 36 See Doc v. Bevan, 3 M. & S. 

L. J., Ch. 841 ; L. R , 4 Eq. 112. 353. 

F. R 



possessor an assignee bound by the covenants running 
with the land, — will not occasion a forfeiture for breach 
of this covenant (e). An assignment which is void in 
law as an act of bankruptcy, will not give rise to a for- 
feiture under a clause of re-entry on the lessee's assign- 
ing without the licence of the lessor (y ). 
Licence to The licence of the landlord may be by parol, unless re- 

quired by the terms of the covenant to be in writing (j;). 
It shoidd expressly forbid the lessee from parting with 
the possession until a complete transfer of the legal in- 
terest has been effected. The practice of letting a piu*- 
chaser into possession before the legal estate is trans- 
ferred, is, however, so common, that, if it is intended to 
forbid it, such intention must be clearly expressed (A). 
A covenant by the lessor not to withhold his licence to 
assign unreasonably or vexatiously, is broken by his 
refusing his licence to assign to an imobjectionable 
person, in order thereby to obtain a surrender of the 
lease for the purpose of rebuilding (z). Upon an agree- 
ment to assign a lease containing a covenant not to 

(e) Weft T. Dobb, 38 L. J., Q. in the premises demised by an in- 

B. 289 ; L. R, 4 Q. B. 634. denture of lease, dated the 

(/) Doe T. Powell, 5 B. & C. day of 18—, unto P. Q. of 

808. , his executors and adminis- 

(ff) See Hoe v. Harrison, 2 T. trators; on condition, nevertheless, 

R. 425 ; Richardson t. Evans, that the said C. D. shall not part 

8 Madd. 218. Where the licence with the possession of the said 

is indorsed on the assignment, it premises, or any part thereof, 

may be in the following form : — until the whole of his estate and 

I do hereby consent to the interest therein shall be legally 

within-written assignment. and effectually vested in the said 

February, 187—. E. F. P. Q. 

If the licence is not indorsed on February, 187—. E. F. 

the assignment, the following form Witness, N. O. 

may be used (no stamp is requi- (A) West v. Dobb, 38 L. J., Q. 

site) :— B. 289, 292 ; L. R., 4 Q. B. 634. 

I do hereby consent to the as- (i) Lehmann v. M^ Arthur, 15 

signment by C. D. of all his estate W. R. 651 ; L. R., 3 £q. 746. 


assign without the licence of the lessor, it is the duty 
of the vendor, and not of the purchaser, to procure the 
lessor's licence for the assignment (A). 

Where any licence to do any act which without such Stat 22 & 23 
licence would create a forfeiture, or give a right to s, i. ' 
re-enter under a condition or power reserved in any Effect of 

lease shall, after the passing of this act, be given to any restricted to 

lessee or his assigns, every such licence shaU, unless ^yenanf au- 
otherwise expressed, extend only to the permission thorized. 
actually given, or to any specific breach of any proviso 
or covenant made or to be made, or to the actual assign- 
ment, underlease or other matter thereby specifically 
authorized to be done, but not so as to prevent any 
proceeding for any subsequent breach (unless otherwise 
specified in such licence); and all rights under cove- 
nants and powers of forfeiture and re-entry in the lease 
contained shall remain in full force and virtue, and 
shall be available as against any subsequent breach of 
covenant or condition, assignment, underlease or other 
matter not specifically authorized or made dispimishable 
by such licence, in the same manner as if no such 
licence had been given ; and the condition or right of 
re-entry shall remain in all respects as if such licence 
had not been given, except in respect of the particular 
matter authorized to be done. 

Where in any lease there shall be a power or con- Sect 2. 

dition of re-entry on assisniinff or underletting or doing: Licence to one 

, .„ , 7, ,. , ,. of several co- 

any other specified act without licence, and a bcence at lessees; 

any time after the passing of this act shall be given to 

one of several lessees or co-o^vncrs to assign or underlet 

his share or interest, or to do any other act prohibited 

to be done without licence ; or shall be given to any 

lessee or owner, or any one of several lessees or owners, 

(J) Lloyd V. Critpe, 5 Taunt. 249; Ma$m v. Corder, 7 Taunt. 9. 




or relating to 
part only of 
pr«>pcrty, not 
to (icstroy 
condition of 
re-entry on 
breach of 
covenant by 
other co- 
lessees or in 
resix>ct of re- 
maining pro- 

to assign or underlet part only of the property, or to do 
any other such act as aforesaid in respect of part only 
of such property, such licence shall not operate to de- 
stroy or extinguish the right of re-entry in case of any 
breach of the covenant or condition by the co-lessee or 
co-lessees or owner or owners of the other shares or 
interests in the property, or by the lessee or owner of 
the rest of the property (as the case may be) in respect 
of such shares or interests or remaining property, but 
such right of re-entry shall remain in full force in 
respect of the shares or interests or property not the 
subject of such licence. 


Stat, 29 Car. 2, 
c. 3, s. 3. 

to be in 

Stat. 8 & 9 
Vict. c. 106, 


void at law 
unless made 
by deed. 

(b) Mode of making Assignment. 

No leases, estates or interests, either of freehold or 
terms of years, or any uncertain interest, not being 
copyhold or customary interest, shall be assigned unless 
it be by deed or note in writing, signed by the party so 
assigning or (his) agent thereunto lawfully authorized 
by writing, or by act or operation of law. 

An assignment of a chattel interest, not being copy- 
hold, in any tenements or hereditaments shall be void 
at law, unless made by deed (o). 

{o) For the stamp duty on an assignment of a lease, upon a sale, see 
ante, p. 98, note (/). The duty on an assignment by way of security 
is as follows (stat. 33 & 34 Vict. c. 97) :— 

(].) Being the only or principal or primary security for the 
payment or repayment of money not exceeding 2bl. 

Exceeding 251. and not exceeding 50Z 

„ bOl. „ IQOl 

„ lOOi. „ 150Z 

„ 150Z. „ 200^ 

„ 200Z. „ 250Z 

„ 2mi. „ 3001 

„ 3001. For every lOOZ. and also for any 
fractional part of 100^. of snch amount ..026 

















Any person shall have power to assign personal pro- Stai 22 & 23 

perty, now by law assignable, including chattels real, g 21. ' ^' 

directly to himself and another person or other persons Assignor may 
,■,,., -I • 1 • 1 assign directly 

or corporation, by the like means as he might assign the to himself and 
same to another. pother per- 

(c) Rights and Liabilities of Assignee. 
A mere deposit of a lease by way of equitable mort- 1. As against 

ui6 lessor 

gage does not render the person with whom it is depo- 
sited liable at law (/>) or, perhaps, in equity {jj) for the 
rent or upon the covenants. An agreement to take 
an assignment of a lease, followed by possession on the 
part of the equitable assignee, does not entitle the lessor 
to sue him on the covenants in the lease (r). 

A person who has accepted a valid assignment from 
the lessee, although he has not taken possession of 
the premises (s), becomes liable for rent subsequently 
accruing, and for breaches committed subsequently to 
the assignment {t), of such of the lessee's covenants as 
run with the land. On the other hand, he is entitled 
to sue the lessor for breaches, committed subsequently 

(2.) Being a collateral, or auxiliary, or additional, or sub- 
stituted security, or by way of further assurance 
for the above-mentioned purpose where the prin- 
cipal or primary security is duly stamped : 

For every \00l. and also for any fractional part £ s. d. 
of 1002. of the amount secured . . . . ..006 

(j?) Doe V. Roe, 5 Esp. 105. 112. 

(5-) Moores v. CJioat, 8 Sim. («) Williams v. Bosanqnet, 1 

508 ; Robinson v. Rosher, 1 Y. & B. & B. 238 ; Burton y. Barclay ^ 
C. C. C. 7. See Lucas v. Comer- 7 Bing. 745, 761. 
ford, 1 Ves. 235 ; Williams v. (t) St. Saviour's, Sowthwark v. 

Erans, 23 Beav. 239. Smith, 1 W. Bl. 351. See Haio- 

(r) Ctf JJ V. /?;«Ao/>, 8 De G.. M. hina v. Sherman, 3 C. & P. 
& G. 815 ; 26 L. J., Ch. 389. But 459. 
see Close t. M'ilierforce, 1 Beav. 


to the assignment (m), of such of the lessor's covenants 
as run with the land. The doctrine of covenants run- 
ning with the land applies only to covenants which are 
annexed to the estate by the indenture which creates 
the estate, and it seems that there is no case in which 
a mere assignment of a parol tenancy has been held 
to pass to the assignees the right to enforce collateral 
stipulations, unless the landlord has consented to the 
substitution of the assignee in the place of the original 
tenant, so as to create a new contract between them 
upon the terms of the previous tenancy (x). The 
assignee of part of the demised premises is liable to 
an action on every covenant running with the land 
and affecting such part (y). He is not chargeable 
as assignee of the land for the entire rent(r), but 
after an assignment by the lessee of his interest in 
part of the demised land, the lessor may distrain upon 
that part for the rent which has accrued due for the 
whole (z). 
Where cove- In the following cases the bm*den and benefit of 
land. covenants pass with the land to the assignee : — Where 

1. Where a covenant in a demise of corporeal or incorporeal (a) 

not mentioned, hereditaments relates to a thing in esse, parcel of the 
demise, the thing to be done by force of the covenant 
is quodammodo annexed and appurtenant to the thing 

(«) Lereesy. Ridge, Cro. Eliz. (C.) 3; CongTiam t. King, Cro. 

863. Car. 221 ; judgment in Stevenson 

(ar) See judgment of Lnsh, J., v. Lambard, 2 East, at p. 580. 

in Elliott V. Johnson, 36 L. J., Q. (c) Curtis v. Spitty, 1 Bing. 

B., at p. 50 ; L. R., 2 Q. B., at p. N, C, at p. 760. 

127. (ji) Hooper \. Clark, ZQIj. 3., 

(y) Judgment of Tindal, C. J., Q. B. 79; L. R., 2 Q. B. 200; 

in Wollaston v. Hakewill, 3 M. Martyn v. Williams, 1 IT. & N. 

& Gr., at p. 322; 10 L. J., C. P., 817; 26 L. J., Ex. 117. 
at p. 309 ; Com. Dig. tit. Covenant 



demised, and shall go with the land, and bind the 
assignee, although he be not bound by express words {b). 
Of this kind are the following covenants : — Covenant 
by lessee to repair houses already built (e); to leave 
houses already built in repair (c?) ; to pay rent {e) or to 
render services in the nature of rent(/); to allow 
deductions out of rent (^); not to plough more than a 
certain quantity of land (A) ; to reside upon the demised 
premises during the demise (/); to use a house as a 
private dwelling-house only (J) ; to insure against fire 
premises in London situate witliin the limits mentioned 
in stat. 14 Geo. 3, c. 78 {k) ; (in a mining licence), to 
pay compensation for damage done to the surface (/); 
covenant by lessor for quiet enjoyment (m) ; and to 
supply the houses demised with water (n). 

Where a covenant relates to a thing not in esse at 2. Where 
the time of the demise, yet if it directly touches or con- mentioned, 
cems the thing demised (o), and the word assigns is used 

(*) Spencer's Cme, 5 Co. K. 16. 

(c) Dean and Chapter of 
Windsor's Case, 5 Co. R. 24 ; 
Wakefield v. Brown, 9 Q, B. 209, 
223 ; 15 L. J,, Q. B. 373. 

(rf) Matures y. Westwood, Cro. 
Eliz. 599 ; Martyn v. Clue, 18 Q. 

B. 6G1 ; 22 L. J., Q. B. 147. 

(e) Stevenson v. Lambard, 2 
East, 575, 580 ; Parker v. Webb, 3 
Salk. 5 ; Williams v. Bosanquet, 
1 Br. & B. 238. 

(/) yyryan v. ArtMir, 1 B. & 

C. 410; see 2 My. & K. 541 ; 34 
L. J., Ch. 84. 

(£) Baylye v. Offord, Cro. Car. 

(A) CocTtson V. CoeU, Cro. Jac. 

(t) Tatem, v. Cliaplin, 2 II. Bl. 

(^■) WilMnson v. Rogers, 2 
Do G., J. & S. 62; 12 W. R. 119. 

(A) Vernon v. Smith, 5 B. & 
A. 1 ; see atite, p. 223, note {d). 

(Z) Norval v. Pascoe, 34 L. J., 
Ch. 82; 12 W. R. 973. 

(w) Noke V. Awder, Cro. Eliz. 
373, 436; Campbell v. Lewis, 3 B. 
& A. 392. 

in) Jourdain v. Wilson, 4 B. & 
A. 266 ; 2 Piatt on Leases, 402. 

(tf) Spencer's Case, ZCo.'R.\& 2k; 
Tliomas v. Hayward, 38 L. J., Ex. 
175, 176; L. R., 4 Ex. 311; Mayor 
of Congleton v. Pattison, 10 East, 
at p. 135 ; Do^ighty v. Bowman, 
11 Q. B. 444, 454; 17 L. J., Q. B. 
111. But see Mlnshull v. Oakes, 
2 H. & N. 793; 27 L. J., Ex. 


in the covenant, the assignee will be bound by, or may 
take advantage of it. The following covenants belong to 
this class : — Covenant to build a wall (y), or a house (r), 
on the demised premises ; (in a mining lease) to build a 
smelting mill on waste land not demised («) ; to convey 
upon a railway, for making which land is demised, all 
coal got in a certain colliery (^); (in a demise of the 
right to kill game) to leave the land at the end of the 
term as well stocked with game as at the time of the 
demise («) ; not to assign without tlie consent in writing 
of the lessor {x). 
Covenants If the thing to be done under the covenant be merely 

•which will not ni itttt i 

run with land, collateral to the land, and do not touch or concern 

the thing demised in any sort (y), the assignee shall 
not be charged {z). Hence the follo>^dng covenants 
will not run with the land : — Covenant to build a 
house, not toucliing or concerning the land demised (s), 
upon land of the lessor which is not parcel of the de- 
mise {z) ; to pay a collateral sum to the lessor or to a 
stranger (a) ; (in a lease of ground, with liberty for the 
lessee to erect a mill) not to hire persons to work in the 
mill who were settled in other parishes without a cer- 
tificate of the settlement of such persons (i); covenant 
by lessor to give the lessee an offer of pre-emption 

(?) Spencer's Case, 5 Co. R., as explained by Blackburn, J., in 

at p. 16 a. West v. Bobb, 38 L. J., Q. B., at 

(r) Dovghty v. Borcman, 11 p. 291. 

Q. B. 444; 17 L. J., Q. B. 111. (y) See judgments in Thomas 

(«) Sampson v. Easterby, 9 B. v. Hayward, 38 L. J., Ex., at p. 

& C. 505, 516 ; 6 Bing. 644. 176 ; L. R., 4 Ex. 311. 

{i) ITemingmay v. Fernandes, (z) Spencer's Case, 6 Co. R,, 

13 Sim. 228. at p. 16 a. 

(m) Hooper v. Clark, 36 L. J., (a) Mayho v. Buckhurst, Cro. 

Q. B. 79 ; L. R., 2 Q. B. 200. Jac. 438. 

(a?) Williams v.Earle, STL. J., (ft) Mayor of Congleton v. 

Q. B. 231 ; L. R., 3 Q. B. 739 ; Pattison, 10 East, 130. 


of an adjoining piece of ground (c) ; (in the lease of 
a beershop) not to build or keep any house for sale of 
spirits or beer within half-a-mile of the demised pre- 
mises (rf); condition for re-entry if the lessee or his 
assigns, or any occupier of the land demised, should at 
any time during the term be lawfully convicted of com- 
mitting any offence against the game laws (e). 

The assignee may rid himself of all future liability to Effect of re- 
the lessor in respect of the rent (f), and covenants in ^^ 
the original lease, by re-assigning the lease to any per- 
son. He may do this without giving notice to the 
lessor, or obtaining his leave {ff) ; and, notwithstanding 
a covenant in the original lease, that the lessee, his ex- 
ecutors or administrators, should not assign without the 
licence of the lessor (/t). There is no fraud in the 
assignee of a lease re-assigning his interest with a view 
to get rid of the lease ; hence he may re-assign it to a 
beggar (/), or a married woman (A), or a person leaving 
the kingdom (/), for the express purpose of relieving 
himself of liability under the covenants. It is not even 
necessary that the person to whom the re-assignment is 
made should take possession of the premises (z), or as- 
sent to the lease {i). In one case it was held that a re- 
assignment of a lease might be la^vfully made to a pri- 

(^c)CollisonY.Lettsom,6T&unt. Stra. 1221; Onslow v. Carrie, 2 

224, 229. Madd. 330. 

(<f) Thomas t. Haynard, 38 (A) Paul v. Nurse, 8 B. & C. 

L. J., Ex. 175 ; L. R., 4 Ex. 311. 486. 

(e) Stevens v. 0>p2), 38 L. J., (i) Taylor r. Shum, 1 B. & P. 

Ex. 31 ; L. R., 4 Ex. 20. 21, 23. See Odell v. Wake, 3 

(/ ) Paul V. Niirse, 8 B. & C. Camp. 394. 

486; Odell 7. Wake, 3 C&mi>.30i; (*) Barnfather v. Jordan, 2 

Chancellor v. Poole, 2 Dongl. Dougl. 452. 

764. (0 Per Ilyre, C. J., in Taylor 

(ff) Vall'mnt y. Dodemede, 2 v. Shu7ii, 1 B. & P., at p. 23. 
Atk. 546 ; Lc Keux v. Nash, 2 



soner in the Fleet, who was paid a sum of money to 
accept of the assignment (m). 

liability of 

2. Rights and 
liabilities of 
assignee as 
against lessee. 



A lessee cannot, by assigning his lease, rid himself of 
liability under the covenants. The effect of an assign- 
ment is to make the lessee a surety to the lessor for the 
assignee ; who, as between himself and the lessor, is the 
principal bound whilst he is assignee to pay the rent 
and perform the covenants (w). If the lessor, tacitly or 
expressly, accepts the assignee as his tenant, it appears 
that an action of debt for rent will not lie against the 
lessee (o) ; but if the lease contains an express covenant 
by the lessee, an action on such covenant may be brought 
against him or his executor (/?) at any time during 
the term, notwithstanding the lessee has assigned his 
interest and parted with the possession of the premises, 
and the lessor has received rent from the assignee {q). 
The lessor may sue either the lessee or his assignee, or 
both at the same time, but he can only have execution 
against one of them ( p). 

To protect themselves fi-om this continued liability, 
lessees, on assigning their leases, are entitled to require 
the assignees to indemnify them against iuture payment 
of rent and performance of covenants (r). Even exe- 
cutors, who cannot be compelled to enter into the 
ordinary covenants for title, may require a covenant of 


(to) Valliant v. Dodemede, 2 
Atk. 546. 

(n) See per Ld. Denman in 
Wolveridge v. Steward, 1 Cr. & 
M., at p. 659. Per Parke, B., in 
JTtimble V. Langston, 7 M. & W., 
at p. 530 ; 10 L. J., Ex., at p. 445. 

(o) Judgment in Auriol v. 
Mills, 4 T. R., at p. 98. See 
Wadham t. Marlon-e, 8 East, 

314, note (c). 

(/;) Brett y. Cumberland, Cro. 
Jac. 521. See Bachelour v. Oa^e, 
Cro. Car. 188. 

iq) Barnard v. Godscall, Cro. 
Jac. 309. See Auriol v. 31 ills, 4 
T. R., at p. 98; Staines v. Morris, 
1 V. & B., at p. 11; Orgill v. 
Kemshead, 4 Tannt. 642. 


indemnity from their assignees (r). Upon a covenant 
of indemnity, contained in the assignment, the assignee 
will be liable to the lessee during tlie residue of the 
term, and he cannot relieve himself from this liability 
by re-assigning the lease. An assignee who has cove- 
nanted to indemnify the lessee against the covenants in 
the lease may, on re-assigning the lease, require a similar 
covenant from his assignee («). 

During the continuance of the interest of each suc- 
cessive assignee there is a duty on his part to pay the 
rent and perform the covenants (if). If the lessee in 
his capacity of a surety as between himself and the 
assignee for the payment of rent and performance of 
covenants (m), has paid the rent or discharged the obli- 
gation, he has his remedy over against the principal (x) ; 
and he has the same remedy over against each subse- 
quent assignee, in respect of breaches committed during 
the continuance of the interest of each of them ; for the 
lessee is in effect a surety for each of them to the les- 
sor (y). The assignee is liable for a breach of any 
covenant nmning with the land, incuiTcd in his own 
time, though the action is not commenced until after 
he has assigned the premises {z). 

Unless there is an express stipulation to the contrary. Rights as to 


(r) Staines v. Marru, 1 V. & 530; 10 L. J., Ex., at p. 445; 

B. 8. As to the construction of sujjra, p. 260. 

covenants of indemnity, see Cross- (a) Burnett v. Lynch, 5 B. & 

field V. Morrison, 7 C. B. 286 ; 18 C. 689. See judgment in Wol- 

L. J., C. P. 135. veridge v. Steward, 1 Cr. & M., 

(«) See Staines v. Morris, 1 V. at pp. 659, 660. 

& B. 8, 13. (y) Judgment in Mule v. Oar- 
it) See Woleeridge t. Steward, rett, 39 L. J., Ex., at p. 73 ; 

1 Cr. & M., at p. 659 ; Mule v. Wolreridge v. Steward, 1 Cr. & 

Garrett, 39 L. J., Ex. 69 ; L. R., M., at p. 660. 

5 Ex. 132. (z) liumett v. Ijynch, 5 B. & 

(«) Per Parke, B., in Uiimble C. 589 ; Harley v. King, 2 Cr. M. 

V. Langston, 7 M. & W., at p. &. R. 18. 



every contract for the sale of a lease contains an 
implied undertaking, available at law as well as in 
equity, to make out the lessor's title to demise as well 
as that of the vendor to the lease itself (i). But upon 
the sale of an agreement for a lease, there is no im- 
plied contract tliat the lessor has power to grant the 
lease (c). 

Stat. 32 Hen. 8, 
c. 34, 8. 1. 

Grantees of 
reversion to 
have same 
against lessees 
as lessors had. 

Sect 2. 

Lessees to 
have same 
remedy against 
grantees of 
reversion as 
they might 
have had 
against lessors. 

(d) Grant hxj the Landlord of his Reversion. 

Upon a grant by deed(rf) by a landlord of his rever- 
sion, the grantees " and the heirs, executors, successors 
and assigns of every of them, shall have like advantages 
against the lessees, their executors, administrators and 
assigns, by entry for non-payment of rent, or for doing 
of waste or other forfeiture ; and the same remedies 
by action for not performing of other conditions, co- 
venants or agreements (running with the land (e) ) 
contained in the indentures of their said leases as the 
said lessors themselves, or their heirs or successors 

All lessees of hereditaments for term of years, life or 
lives, their executors, administrators and assigns, shall 
have like remedy against all persons and bodies politic, 
their heirs, successors and assigns, who shall have any 
gift or grant of the reversion of the same hereditaments 
or any parcel thereof, for any condition, covenant or 
agreement contained in the indentures of their leases, 
as the same lessees might have had against the said 
lessors, their heirs and successors. 

(V) Judgment of Ld. Denman, 
C. J., in Souter v. Drake, 5 B. & 
Ad., at p. 1002; Purvis v. Itayer, 
9 Price, 488. 

(r) Kintrea v. Perston, 1 H. & 

N. 357; 25 L. J., Ex. 287. 

(</) Standen v. Chrigtmas, 10 
Q. B. 135; 16 L. J., Q. B. 2C5. 

le) Webb v. Rmiell, 3 T. R. 
393, 402. 


Where the reversion upon a lease is severed, and the Stat. 22 & 23 

Vict c 35 
rent is legally apportioned, the assignee of each part of g. 3. ' ' ' 

the reversion shall, in respect of the apportioned rent Where revcr- 

810D is severed 

allotted or belonging to him, be entitled to the benefit assignees of * 

of all conditions or powers of re-entry for non-payment ^^^ ^nefit of 

of the original rent, in like manner as if such conditions *|.l conditions 
° ... . of re- entry for 

or powers had been reserved to him as incident to his non-payment 

part of the reversion in respect of the apportioned rent 

allotted or belonging to him. 

All grants or conveyances, of any manors or rents, Stat. 4 Anne, 

or of the reversion or remainder of any messuages or ^ 

•' c Conveyances 

lands, shall be good and effectual without any attorn- to be good 

/.111 without attorn- 
ment 01 the tenants 01 any such manors or of the land ment of tenant 

out of which such rent shall be issuing, or upon whose 
estates any such reversions or remainders shall be ex- 
pectant or depending. 

No such tenant shall be prejudiced or damaged by Sect. 10. 
payment of any rent to any such gi*antor, or by breach ^^"*^"*' "1^' ^ 

of any condition for nonpayment of rent, before notice ^^y payment of 
. 1 • f 1 ^ 1 "'"•' *^ granto]^ 

shall be given to mm oi such grant by the grantee. before notice 

of grant. 

(2) Involuntary Assignments. 

(a) On Death. 

Arrears of rent accrued and payable in the lifetime l. Of lessor, 
of the landlord go to his executor or administrator as 
part of his personal estate (y*). Executors may sue 
upon any covenant with the testator which has been 
broken in his lifetime {g). But where the covenant 
runs with the land and descends to the heir, though 
there may have been a formal breach in the ancestor's 

if) See 1 Williams on Exors. M. & R. 588, 598; 5 L. J., Ex. 

733; Dollen v. Batt, 4 C. B., N. 45; ItickeUs v. Weaver, 12 M. & 

S. 7C0; 27 L. J., C. P. 281. W. 718; 13 L. J., Ex. 196. 

(y) Itaymond v. FUch, 2 Cr. 


lifetime, yet if the substantial damage has taken place 
since his death, the heir is the proper plaintiff (/<). 
2. Of lessee. Upon the death of a tenant from year to year (?), or 

for a term of years, the lease vests in his executor or 
administrator. Even where a term of years is speci- 
fically bequeathed, it will, in the first instance, vest in the 
executor, by virtue of his oflSce, for the usual purposes 
to which the testator's assets are applied, and the legatee 
has no right to enter without the executor's special 
assent (J). The executor or administrator cannot, ge- 
nerally speaking, refiise the lease, though it be worth 
nothing, for he must renounce the executorship in toto 
or not at all {k) ; but if the value of the land is less 
than the rent, and there is a deficiency of assets, he 
may waive the lease (/). He is liable, to the extent of 
the assets, for arrears of rent accruing and breaches of 
covenant committed during the life of the tenant (m). 
Although the executor or administrator does not enter 
into possession of the demised premises, he may be 
sued as assignee of the lease for rent due and breaches 
of covenant committed subsequently to the death of the 
lessee (w). But he may, by proper pleading, discharge 
himself from personal liability, by alleging that he is 
no otherwise assignee than by being executor or admi- 
nistrator of the lessee, and that he has never entered or 
taken possession of the demised premises ; and he may 
also discharge himself from all liability as executor, by 

(K) MngHon v. Nottle, 1 M. & at p. 244. 

S. 355. See 2 Cr. M. & R. 598, (0 2 Williams on Exors. 1501. 

(i) Doe V. Porter, 3 T. R. 13; («t) 2 Williams on Exors. 1587 

James t. Dean, 15 Ves., at p. (5th ctl.). 

241. (n) Wollaston v. HakeTtiU, 3 

0') 1 Williams on Exors. 601. M. & Gr. 297, 320 ; 10 L. J., C. 

(A) Per Denman, C. J., in P. 303. 
Rubery v. Stevens, 4 B. & Ad., 


alleging that the term is of no value, and that he has 
fully administered all the assets which have come to 
his hands (o). If the executor or administrator enters 
upon the demised premises, he becomes personally 
liable, so long as he continues in possession, for so 
much of the rent accruing due after the testator's death 
as the premises are worth (p), i. e. the amount of rent 
for which they could have been let(<7;. 

When an executor is sued for use and occupation in 
his own right, he must show that his occupation is as 
executor, and that he entered in that character ; that he 
has no assets, and that the value of the land is not equal 
to the rent. Where the land yields some profit, but 
less than the rent, he may tender the amount of profit 
and plead a tender, or he may pay it into Court (r). 
The executor is liable to the same extent as any other 
assignee for any breaches of the covenants in the lease 
committed since the death of the tenant {s). But 
by assigning the term the executor or administrator 
may fi*ee himself fi-om liability for subsequent rent and 
breaches of covenant (^). 

Where an executor or administrator, liable as such to Stat. 22 & 23 
the rents, covenants or agreements contained in any a.27, *^ ' 
lease or agreement for a lease granted or assigned to Execntor or 
the testator or intestate whose estate is being adminis- jq certain caaej 

(0) Wollaston v. Hahewill, 3 (r) Patten v. Rcid, 6 L. T., N. 

M. & Gr., at p. 321 ; 10 L. J., C. S. 281. 

P., at p. 308. («) Tremeere v. Moriton, 1 

ij}) See 1 Wms. Sannd. 112, Bing. N. C.89, 97; Slcaj)y.Nem-- 

note (c); Iluberi/^y. Stcveng, i B. man, 12 C. B., N. S. 11 G. See 

& Ad. 241, 245; Ilopwood v, Buckmorth f, Simpson, 1 Cr. M. 

Wlialey, 6 C. B. 744; 18 L. J., & R. 834. 

C. P. 43; Hornidge v. Wilson, 11 (t) Taylor v. Shnm, 1 B. & P. 

A. & E. 645. 21. See Collins v. Crouch, 13 Q. 
(q) Uopmood V. Whaley, 6 C. B. 542; 18 L. J., Q. B. 209 j 

B. 744; 18 L. J., C. P. 43. ante, p. 249. 


not to he per- tered, shall have satisfied all such liabilities under the 

sonally liablo 

nponicnsc after said lease or agreement for a lease as may have accrued 
it, due and been claimed up to the time of the assignment 

hereafter mentioned, and shall have set apart a sufficient 
fund to answer any future claim that may be made in 
respect of any fixed and ascertained sum covenanted or 
agreed by the lessee to be laid out on the property de- 
mised or agreed to be demised, although the period for 
laying out the same may not have arrived, and shall 
have assigned the lease or agreement for a lease to a 
purchaser thereof, he shall be at liberty to distribute 
the residuary personal estate of the deceased to and 
amongst the parties entitled thereto respectively, with- 
out appropriating any part, or any further part (as the 
case may be), of the personal estate of the deceased to 
meet any future liability under the said lease or agree- 
ment for a lease ; and the executor or administrator so 
distributing the residuary estate shall not, aft;er having 
assigned the said lease or agreement for a lease, and 
having, where necessary, set apart such sufficient fund 
as aforesaid, be personally liable in respect of any sub- 
sequent claim under the said lease or agreement for 
a lease ; but nothing herein contained shall prejudice 
the right of the lessor, or those claiming under him, to 
follow the assets of the deceased into the hands of the 
person or persons amongst whom the said assets may 
have been distributed. 

(b) On Bankruptcy. 
Stat. 32 & 33 Until a trustee is appointed the registrar shall be the 
8. T?! '^ ' trustee for the purposes of this act, and immediately 
Property of upon the Order of adjudication being made, the property 
vest ^trustee. 0^ the bankrupt (m) shall vest in the registrar. On the 

(«) See sect 15. - 


appointment of a trustee, the property shall forthwith 

pass to and vest in the trustee appointed. 

An option to call on the landlord to grant a lease 

passes, on the bankruptcy of the tenant, to the trustee, 

and may be assigned over by him (a:). A proviso or 

covenant against assignment will not prevent the lease 

containing it from passing to the trustee in bankruptcy, 

or hinder him from disposing of it (y). 

When any property of the bankrupt acquired by the Stat. 32 & 33 

Vict c 71 
trustee under this act consists of land of any tenure g 23, ' 

burdened with onerous covenants, or of any other pro- Trastee may 

, . Ill Ti 1111 disclaim oner- 

perty that is unsaleable, or not readily saleable by reason ous lease. 

of its binding the possessor thereof to the performance 
of any onerous act, or to the payment of any sum of 
money, the trustee, notwithstanding he has endeavoured 
to sell, or has taken possession of such property or exer- 
cised any act of ownership in relation thereto, may, by 
writing under his hand, disclaim such property, and 
upon the execution of such disclaimer the property dis- 
claimed shall, if the same is a lease, be deemed to have 
been surrendered on the date (of the order of adjudi- 
cation). Any person interested in any disclaimed pro- 
perty may apply to the Court, and the Court may, upon 
such application, order possession of the disclaimed pro- 
perty to be delivered up to him, or make such other 
order as to the possession thereof as may be just. 

The trustee shall not be entitled to disclaim any Sect. 24. 
property in pursuance of this act in cases where an Jj^fai'm'l^e^ 

application in wTitinff has been made to liim by any period not less 

. -, . 1 . . 1 than twenty- 

person interested in such property, requiring such eight days 

trustee to decide whether he will disclaim or not, and tion'by'pe'r-* 

son interested. 

(x) Buckland v. Papillon, 36 795; Doe v. Bevan, 3 M. & S. 
L. J., Ch. 81; L. R., 2 Ch. 67. 353. See Wadham v. Marlowe, 

(y) Doe V. Smith, 5 Taunt. 8 East, 3U, note. 

F. S 



the trustee has for a period of not less tlian twenty- 
eight days after the receipt of such application or such 
further time as may be allowed by the Court, declined 
or neglected to give notice whether he disclaims the 
same or not. 

Stat 33 ft 34 
Vict. c. 23, 
8. 10. 

Property of 
convict to vest 
in adminis- 

Sect. 12. 

Sect. 14. 

(c) On Conviction of Lessee for Treason or Felony. 

Upon the appointment of any administrator all the 
real and personal property, including choses in action, 
to which the convict named in such appointment was, 
at the time of his conviction, or shall afterwards, while 
he shall continue subject to the operation of this act, 
become or be entitled, shall vest in such administrator 
for all the estate and interest of such convict therein. 

The administrator shall have absolute power to let, 
mortgage, sell, convey and transfer any part of such 
property as to him shall seem fit. 

The administrator may cause pa}Tnent or satisfaction 
to be made out of such property of any debt or liability 
of such convict which may be established in due course 
of law, or may otherwise be proved to his satisfaction. 

Rights and 
liabilities of 
lessee and 

Sect. XIII.— Live Stock. 

Upon a lease of a stock of live cattle, the lessee has 
the use and profits of them diuiig the term ; and the 
lessor has only a possibility of property in case the 
cattle all outlive the term (r). If any of the cattle die 
during the term, the property in them vests absolutely 
in the lessee, and the lessor cannot claim to have them 
replaced after the term ; hence, he has no reversion to 

(z) Bac. Abr. (A.) 7. 

GAME. 259 

grant over to another, either during the term or after, 
until the lessee has re-delivered the cattle to him (z). 
All the young produced by the cattle during the term 
belong to the lessee (z). 

A covenant by the lessee of sheep or cattle, on behalf 
of himself and his assigns, at the end of the lease to 
deliver cattle or goods of the same value as those let to 
him, or to pay a certain price, is a personal contract 
only, and wiU not bind a person to whom the lessee has 
assigned the sheep or cattle (a). 

Sect. XIY.—Game. 

Rights and liabilities of lessee and lessor . . 259 

Statntory provisions . . . . . . . . . . . . 269 

Construction of demise or reservation of right of shooting, &c. 260 
„ special agreements relating to game . . . . 261 

Rights and Liabilities of Lessee and Lessor. 

Nothing in this act contained shall authorize any Statutory pro- 
person holding any land to kill or take the game, or to " 
permit any other person to kill or take the game upon Will. 4, c. 32, 
such land, in any case where, by deed, grant, lease or ' ' 

.aCC hoc bO 

any written or parol demise or contract, a right of entry affect agree- 

upon such land for the purpose of killing or taking the to game. 

game shall be reserved by or given to any grantor, 

lessor or other person whatsoever. 

Where the landlord shall have reserved to himself Sect. il. 

the right of killing the game upon any land, it shall ^hom*gwne is 

be lawful for him to authorize any other person or reserved may 

•' ^ authorize other 

persons, who shall have obtained an annual game cer- persons to pur- 
sue and kill it. 

(z) Bac. Abr. (A.) 7. (a) Spencer's Ca«e, 5 Co. R. 

16 a. 


tificate, to enter upon such land for the purpose of pur- 
suing and killing game thereon. 
S«ct- 12. Where the right of killing the game upon any land 

belon^s^to"* shall be specially reserved by or granted to, or shall 

landlord, occu- belong to, the landlord, or any person whatsoever other 

pier to be sub- . ' J i. 

ject to penalty than the occupier of such land, then, if the occupier of 

for pursuing or , , ^ . ,, , „, , 

killing it. such land shall pursue, kill or take any game upon 

such land, or shall give permission to any other person 
so to do, without the authority of the landlord or other 
person ha^dng the right of killing the game upon such 
land, such occupier shall, on conviction thereof before 
two justices of the peace, forfeit and pay for such pur- 
suit such sum of money not exceeding two pounds, and 
for every head of game so killed or taken such sum of 
money not exceeding one pound, as to the convicting 
justices shall seem meet, together with the costs of the 
Construction Under a demise or reservation of the exclusive right 

reservation of ^f hunting, shooting, fishing and sporting over a farm, 
C)?&*c*^*^*' *^^ person entitled to shoot over the farm must not 
trample fields of standing crops at a time when it is not 
usual or reasonable to do so (i). He has no right to 
bring rabbits or other game on to the farm ; and he is 
liable for damage done to the crops by rabbits so brought 
on without the leave of the occupier {b). The reserva- 
tion includes whatever is ordinarily knovni as " hunting, 
shooting, fishing and sporting," and under it the tenant 
of the land is not entitled to shoot rabbits (c). He 
may, however, use the land in the ordinary and rea- 
sonable way ; but must not resort to expedients for 

(J) Hilton Y. Cfreen, 2 F. & F. rote v. AsKbumham, 4 L. J., K. 
821 ; Birkbeck v. Paget, 31 Beav. B. 146. 

403. As to contracts by landlord (f ) Jeffryes v. Evan», 34 L. J., 

to kill hares and rabbits, see Bar- C. P. 261, 268; 19 C. B., N. S. 


GAME. . 261 

driving the game away (c). The destruction of furze 

and undei-wood in such reasonable use of the land, is 

no eviction from the right of shooting (c). It seems 

that a grant of leave to hunt over premises does not 

give the grantee the liberty of shooting over them (d). 

Exception of liberty for each tenant on his farm to Construction 

kill rabbits with ferrets only (in a demise of a aOT^m'ents 

house and land with sole licence of shooting and relating to 

•^ *' game. 

sporting over lands, plantations and coverts of 

the lessor^. The exception extends not only to 

farms existing at the time of the demise, but 

also to plantations, &c., which are subsequently 

let as farms (e). 

Grant to a person, his heirs and assigns, of free 
liberty, with servants or otherwise, to come into 
and upon lands and there to hawk, hunt, fish 
and fowl. Is a grant of a licence of profit, 
and not of a mere personal licence of pleasure ; 
therefore it authorizes the grantee, his heirs 
and assigns, to hawk, &c., by his servants in his 
absence {f). 

Grant to lessee of right of sporting over land demised 
and other lands, " in common with the lessor, 
his heirs and assigns, and any friend of his or 
them." The exercise of the privilege is not con- 
fined to a single fi-iend at a time {g). 

(c) Jeff ryes v. Evans, 34 L. J., (e) Newton v. Wilmot, 8 M. & 

C. P. 261, 264; 19 C. B., N. S. W. 711. 

246. (/) Wickham v. Hawker, 7 M. 

(<f) See judgment of Gibb,C. J., & W. 63; Ihvart r. Qraham, 29 

in Moore v. Plymouth, 7 Taunt., L. J., Ex. 88; 7 H. L. C. 331. 

at p. 627. (s) Gardiner v. Colyer, 12 W. 

R. 979. 

( 262 ) 




Sect. I. Modes applicable to pabticulab kinds of 

Tenancy 262 

(1) Detennination of tenancy at sufferance . . 262 

(2) Detennination of tenancy at will . . . . 263 

Express 263 

Implied 263 

(3) Determination of tenancy from year to year . . 265 

( a) When determinable . . . . . . 265 

(b) Notice to quit . . . . . . . . 265 

Length of notice . . . . . . 265 

When to be given . • . . 266 

Form of notice 269 

By whom given . . . . . . 270 

To whom given . . . . . . 271 

Mode of service . . . . . . 271 

Waiver of notice . . . . . . 272 

(c) Verbal disclaimer . . . . . . 274 

(4) Determination of tenancies for optional terms 

of years . . . . . • 275 

(5) Detennination of tenancies for life . . • . 275 
n. Modes generally applicable 277 

(1) Merger 277 

(2) Surrender 278 

Express 278 

Implied 279 

(3) Forfeiture 283 

(a) Where there is no express proviso for 

re-entry 283 

( b) Where there is an express proviso . . 284 

Demand of rent . . . . . . 284 

(c) Waiver of forfeiting 286 

{d) Belief against forfeiture . . . . 288 

Sect. I. — Modes applicable to particular kinds of 

(1) Determination of Tenancy at Sufferance. 
Tenancy at sufferance may be determined at any time 
by landlord or tenant without any demand of possession 
or notice to quit (a). 

(a) Doe V. Turner, 7 M. & W., Stark. 308 ; Doe v. Murrell, 8 C. 
at p. 235; Doe v. Lander, 1 & P. 134; Doe y. Maitey, 6 B. 8i 


(2) Determination of Tenancy at Will. 

Every lease at will must in law be at the will of both i- Express 
parties, and therefore when the lease is made, to have j, , di d 
and to hold at the will of the lessor, the law implies it 
to be at the will of the lessee also (b). The landlord 
may determine a tenancy at will, expressly, by stating 
his will to be that the tenant shall leave (c) ; or by de- 
manding possession (rf); or sending for the keys(e). 
Anything which amounts to a demand of possession, 
although not expressed in precise and formal language, 
will indicate the landlord's will to determine the te- 
nancy (y) ; hence a letter from the agent of the land- 
lord to the agent of the tenant, stating that unless the 
tenant pays what he owes, the landlord will take im- 
mediate measures to recover possession of the property, 
is a sufficient manifestation that the tenancy is to 
determine (y*). By words spoken off the demised 
premises the Avill is not determined until the lessee has 
notice (y). 

The tenant may expressly determine the tenancy by By tenant 
declaring that he will no longer hold possession of the 
premises, and quitting them accordingly ; but the mere 
declaration will not produce this effect (K). 

The landlord may impliedly determine a tenancy at 2. Implied 
will by acts showing an intention that it should no „ . j, j 
longer exist ; as, for instance, by making a lease of the 
premises to another, to commence presently (z) ; or by 

C. 767; see Wallis v. Delviar, 29 N. S. 371. 

L. J., Ex. 276. (/) Judgment of Tindal, C. J., 

{b) Co. Lit. 55 a. in Doe \. Price, 9 Bing., at p. 

(c) Pollen V. Brewer, 7 C. B., 358. See Locke v. Matthews, 13 
N. S. 371, 373. C. B., N. S. 753; 11 W. R. 343. 

(d) Doe Y. Joneg, 10 B. & C. (g) Co. Lit. 55 b. 

718, 721. (A) Co. Lit. 55 b, note 373. 

(e) Pollen v. Bremer, 7 C. B., (i) Dintdale v. Bet, 2 Lev. 88w 


entering upon the land, without the tenant's consent, to 
cut and carry away trees or stone (k), provided such 
trees and stone are not excepted from the demise (/) ; 
or by agreeing to sell the freehold to the tenant (m). 
It seems that the bankruptcy of the landlord will ope- 
rate as a determination of a tenancy at will, if the 
tenant has knowledge thereof(n). Where the act by 
which the intention of the landlord to determine the 
tenancy is manifested is done on the demised premises, 
it is presumed that the tenant is there and knows of 
it ; but if the act relied upon be done off the premises, 
it is requisite that the landlord should give the tenant 
notice that he determines the tenancy (o). 
By tenant. The tenant may impliedly determine the tenancy at 

wiU by granting an imderlease ( p), or assigning the 
premises (provided the landlord has notice) (q) ; or 
by committing waste (r). The general doctrine is that 
the death of either landlord or tenant will operate as a 
determination of the will (s) ; but it would rather seem 
that a tenancy at will may continue after the death of 
one of the parties, unless the heir, or legal representa- 
tive, does something to manifest his intention to deter- 
mine the tenancy {t). 

(*) Doe V. Turner, 7 M. & W. Wright, 1 T. R,, at p. 382. 

226; 9 M. & W. 643. (q) Pinhorn v. Sautter, 8 Ex. 

(0 Co. Lit. 56 b. 763, 772; 22 L. J., Ex. 266; Car- 

« (m) See judgment of Lord jpenter \. Coli7is,YelY. 73. 

Eldon, C, in Daniels y. Davison, (r) Co. Lit. 57 a. 

16 Ves., at p. 252. («) Judgment in Jiz/ne* v. Dean, 

(n) Doe V. Thomas, 6 Ex. 854; 11 Ves., at p. 391; Co. Lit. 57 b. 

20 L. J., Ex. 367. See Doe v. Dock, Car. & M. 649, 

(o) Per Parke, B., in Pinhorn 553; 11 L. J., C. P. 194. 

V. Souster, 8 Ex., at p. 770. See (<) Judgment in Morton v. 

Ball T. Cullimore, 2 Cr., M. & R. Woods, 38 L. J., Q. B., at p. 87; 

120. L. R., 4 Q. B , at p. 306. 

(^) Judgment in Birch v. 


(3) Determination of Tenancy from Year to Year. 

(a) When determinable. 
A tenancy fi*om year to year may be determined at 
the end of the first or any subsequent year (m) ; unless, 
in creating the tenancy, the parties use expressions 
showing that they contemplate a tenancy for two years 
at least (x). A tenancy " for one year certain, and so 
on from year to year," cannot be determined before the 
end of the second year(y). 

(b) Notice to quit. 

Where no express stiptJation is made between the Length of 
parties as to the length of notice required to be given, °° ^^' 
it seems that this may be regulated by custom (z) ; but there is no 
there must be strong evidence of such custom (a). ment.^ 

If no such custom exists, it is a general presumption 
of law, that if an estate from year to year is created, 
and nothing is said about determining it, the notice 
intended is half-a-year's notice, expiring at the end of 
some current year of the tenancy {b). 

There is some uncertainty as to the length of the 
notice required to determine a quarterly, m^^y, or 
weekly tenancy. It does not appear to havelfer been 
decided, that in the case of an ordinary monthly or 

(?/) Doe V. Snrnndge, 7 Q. B. & C. 48; 31 L. J., Ex. 506. 

957; 14 L. J., Q. B. 327. See (z) Roe v. Wilkinson, cited in 

Thompson v. Maberhj, 2 Camp. note 228 to C!o. Lit. 270 b. See 

573. Itoe V. Cliarnoch, Peake, N. P. C. 

(a?) Doe V. Smaridge, 7 Q. B., 4; also judgment in DoeY.Snow- 

at p. 959. See Denn v. Girt- don, 2 W. BL, at p. 1225. 

'Wright, 4 East, 29 ; Doe v. (a) Roe v. Chariiock, Peake, at 

Mainby, 10 Q. B. 473; 16 L. J., p. 5. 

Q. B. 303. (i) Judgmeni of Erie, C. J., in 

(y) Doe V. Green, 9 A. & E, Bridges v. PoUs, 33 L. J., C. P., 

658; Reg. v. Chan-ton, 1 Q. B. at p. 343; 17 C. B., N. S., at p. 

247. Sec Jones v. Nixon, 1 H. 332. 



weekly tenancy, a month's or week's notice to quit must 
be given. A tenant who enters upon a fresh week 
may be boimd to continue imtil the expiration of that 
week, or to pay the week's rent ; but that is a very dif- 
ferent thing from gi^^ng a week's notice to quit (c). A 
weekly tenancy cannot, however, be determined without 
some notice {d), and the safest course is to give a notice 
corresponding to the letting, i. e., a week's notice in 
a weekly letting, and a month's notice in a monthly 
letting (e). 

The parties to the tenancy may alter the notice 
necessary to determine it ; thus, they may agree that a 
three months' notice, or even a Aveek's notice, shall be 
sufficient (y), and they may also stipulate that the no- 
tice shall expire at any period of the year(^). Where 
there is no express or implied stipulation, the notice 
agreed upon between the parties must be given so as to 
expire at the end of some current year of the tenancy (A). 
Thus, an agreement by a tenant from year to year to 
quit at a quarter's notice, means a quarter's notice ex- 
piring at the end of some year of the tenancy (h). 

The implied condition as to the notice expiring at 
the end of some year of the tenancy renders it impor- 
mast be given. ^^^^ ^]jg^^ ^]jq ^jjj^g Qf commencement of the tenancy 
should be correctly ascertained. The question at what 

2. Where 
there is an ex- 
press agi"ee- 

Period with 
reference to 
which notice 

(c) Per Parke, B., in Huffell 
V. Armitstead, 7 C. & P., at p. 
68. But see Doe v. Hazell, 1 
Esp. 94; Doe v. Raff an, 6 Esp. 4. 

{cT) Jones v. Mills, 10 C. B., 
N. S. 788, 796; 31 L. J., C. P. 66. 

(«) See per Williams, J., in 
Jones V. Mills, 10 C. B., N. S., at 
p. 798. 

(/) Judgment of Erie, C. J., 
in Bridges v. Potts, 33 L. J., C. 
P., at p. 343. 

(g) See Bridges v. Potts, 17 
C. B., N. S. 333 ; 33 L. J., C. P. 
338, 343 ; Doe v. Grafton, 18 Q. 
B. 496; 21 L. J., Q. B. 276; Col- 
lett V. Curling, 10 Q. B. 785; 16 
L. J., Q. B. 390. 

(A) Doe T. Donovan, 1 Tannt. 
555; 2 Camp. 78; Kemp t. Der- 
rett, 3 Camp. 510. See Bridges 
V. Potts, 17 C. B., N. S. 333; 33 
L. J., C. P. 338. 


period a tenancy began is a matter for the decision of 
a jury, upon a consideration of all the facts (e). If the 
tenant alleges that a notice to quit given to him does 
not correspond with the time at which his tenancy com- 
menced, it is incumbent on him to prove the true time 
of commencement (A). 

When a tenant, on being applied to respecting the Admissions by 
commencement of his holding, informs the person 
making the inquiry that it begins on a certain day, 
and notice to quit on that day is given at a subsequent 
time, the tenant will not be allowed to set up a holding 
from a different day (Z). It makes no difference whe- 
ther the information so given proceeds from mistake or 
design (/). The mere notice to quit, at a certain time, 
given by the landlord, is not, in itself, evidence of a 
holding fi'om that time (m) ; but if it be served per- 
sonally on the tenant, and he make no objection at the 
time, this is prima facie evidence from which a jiuy 
may find that the tenancy commenced at the period 
specified in the notice (w). The tenant, however, is not 
precluded from afterwards insisting on the insufficiency 
of the notice (o). 

Where a tenant continues in possession afl«r the ex- Where tenant 
piration of his lease without having entered into any gjon after ex- 
new contract, he holds upon the former terms as to i^'™^*"" 
the time of quitting (/?). If he assigns his interest, the 

(i) Walker v. Godh, 6 H. & N. 405; Thamas v. Thomas, 2 Camp. 

594; ante, p. 56. 647; Doe v. Biggs, 2 Taunt. 109. 

(A) Doe V. Wrightman, 4 Esp., (o) Oahapple v. Copous, 4 T. 

at p. 7. R. 361. 

(f) Doe V. Lambley, 2 Esp. ip) See judgment in Doe v. 

635. Dell, 5 T. R., at p. 472; Roe y. 

(m) Per Lord Ellenborough, C. Ward, 1 H. Bl. 96; Doe v. Weller, 

J., in Doe v. Forster, 13 East, at 7 T. R. 478. See Doe v. Dohell, 

p. 406. 1 Q. B. 806 ; Humphreys v. 

(m) Doe V. Forstvr, 13 East, Franks, 18 C. B. 323. 



Where tenant 
enters under 
void lease. 

Where tenant 
enters on 
different parts 
of demised 
premises at 
different times. 

Where tenant 
enters between 
two quarter 

tenancy of the assignee will also be held to commence 
on the same day as the original lease (</). 

A void lease or agreement, under which a tenant has 
entered and paid rent, will regulate the terms on which 
the tenancy subsists, as to the time of the year when 
the tenant is to quit(r). If the void lease or agree- 
ment contains no express stipulation on this subject, the 
tenancy from year to year will be determinable by no- 
tice to quit expiring at the time of the original entry of 
the tenant (s). 

In cases where the incoming tenant enters upon dif- 
ferent parts of the demised premises at different times, 
it is sufficient to give half-a-year's notice to quit before 
the substantial time of entry (^) ; i.e. the time of entry 
on the principal part of the premises. In these cases, 
the question of what is the principal and what the 
accessory, must depend upon the relative value and im- 
portance of the premises let together, and is a matter 
for the decision of a jury (u). 

Where a tenant from year to year, having entered in 
the middle of a quarter, pays rent to the next quarter- 
day, and thenceforth from quarter to quarter, his te- 
nancy is held to commence on the quarter-day after his 
entry {x). Where he has not paid rent for the fraction 
of a quarter, the period of his entry is taken to be the 
time of commencement of his tenancy (y). 

iq) Doe V. Samuel, 5 Esp. 173. 
But see Doe v. Lines, 11 Q. B. 

(r) Doe V. Bell, 6 T. R. 471. 

(«) See judgment of C!oltman, 
J., in Berrey v. Llndley, 11 L. 
J., C. P., at p. 32; 3 M. & Gr. 49a 

(<) See judgment of Lord EI- 
Icnhorough, C. J., in Doe v. Wat- 
kins, 7 East, at p. 555; Doe v. 

Snorcden, 2 W. Bl. 1224; Doe v. 
Spence, 6 East, 120, 122; Doe v. 
Huglies, 7 M. & W. 139; Doe v. 
Rlwdes, 11 M. & W. 600. 

(tt) Doe V. Howard, 11 East, 
498, 501. 

(a?) Doe V. Johnson, 6 Esp. 10; 
Doe V. Stapleton, 3 C. & P. 275. 

(y) Doe V. Matthews, 11 C. B. 


Where any doubt exists as to the period at which the Form of notice, 
current year of the tenancy expires, the notice to quit 
may be expressed in general terms, requiring the tenant 
to quit at the end of the current year of his tenancy, 
which shall expire next after the end of one half-year 
from the date of the notice (z). It is not essential that 
a notice to quit should be in Avriting (a), or that it 
should state to whom possession is to be delivered up(i). 
It must, however, be expressed wath reasonable cer- ^ 

tainty, not giving an option to the tenant to quit or to 
do something else (c). A notice to quit on one of two 
days is good, if served six months before the day on 
which the tenancy commenced (d). An error in tlie 
description of the premises will not invalidate the notice 
if the person to whom it is given has not been misled 
by it (e), and a mistake in the christian name of the 
tenant will not be fatal if the notice is kept by him 
without objection (y ). A notice to quit a part only of 
premises leased together is void (^). 

(z) Doe V. Butler, 2 Esp. 589; by, or on behalf of, the landlord, 

Doe \. Steel, 3 Camp., at p. 117; may be in the following form, 

Doe T. Smith, 5 A. & E. 350; the words between brackets being 

Doe V. Timothy, 2 C. & K. 351. nsed when the notice is by an 

(a) Doe V. Crick, 5 Esp. 196; agent: — 
Bird V. Defonvielle, 2 C. & K. 

415; Roe V. Pierce, 2 Camp. 96. To Mr. C. D. 

(ft) Doe V. Foster, 3 C. B. 215. I hereby \a» agent for and on 

(c) See Doe v. Goldtcin, 2 Q. bcJialf of Mr. E. F., your land- 

B. 146. Bnt see Roberts v. Day- lord"] give yon notice to quit and 

rcard, 3 C. & T. 432. deliver up possession of the pre- 

(rf) Doey.Wrightman,^'Esf., mises, situate at , in the 

at p. 6. county of , which you now 

(e) Doe d. Cox, 4 Esp. 185; hold of me [him'], on the 

Doe V. ^'ilkinton, 12 A. & E. day of next, or at the ex- 

743. piration of the year of your , 

(/) Doe V. Spiller, G Esp. 70. tenancy thereof, which shall ex- 

(g) Doe V. Archer, 14 East, pire next after the end of one 

245. A notice to quit, given half-year from the date of this 


By whom The notice may in all cases be given by either land- 

notice may be., ^^, ., iTj-nr 

given. lord or tenant. Ihe notion, thrown out by LiOTa Mans- 

field, of a tenancy from year to year, in which the lessor 
binds himself not to give notice to quit, has been long 
exploded (A). It may be stipulated, that, upon a par- 
ticular event, the lessee may quit without notice (t). 
Agents. A notice to quit, given by the landlord, must be such 

as the tenant may safely act on at the time of receiving 
it (k) ; that is one which is in fact, and which the tenant 
has reason to believe to be then binding on the land- 
lord (Z). A notice to quit given without authority will 
not be made valid by the subsequent adoption or ratifi- 
cation of the landlord (k). It is not essential to the 
validity of a notice to quit given by a general agent, 
that his agency should appear on the face of the docu- 
ment (Z). There is, however, a distinction in this re- 
spect between a general agent and one having a special 
or limited authority (Z), and in the case of the latter, it 
would appear, that a notice is bad, if it does not state 
that it is given by authority or in the name of the prin- 
cipal {tn). 

notice. Dated the day of now hold [^holds'] of you as tenant 

, 18—. E. F. thereof. Dated the day of 

IR.S., agent for the said IS. F.'\ , 18—. CD. 

A notice to quit, given by, or t^" ^- '^ff^»*M the said C. 2).] 

on behalf of, the tenant, may be (*> ^^^ Lawrence, J., in Doe v. 

in the following form, the words ^'•'^'^' « ^««*' »* P' ^^'^^ 

between brackets being used when (') ^'*^'*^" ^- ^^^"^"^ 3 M. 

the notice is by an agent : — ' ' 

' * (*) Doe V. Ooldnin, 2 Q. B. 

To Mr. E. F. 143 ; 10 L. J., Q. B. 275, 277 ; 

I hereby \a» agent for and on Doe v. Walters, 10 B. & C. 626. 

behalf of Mr. C. D., your tenant] (Z) Judgment in Jones v. 

give you notice that on the Phipps, 37 L. J., Q. B., at p. 

day of next I shall \_he mill'] 201; L. R., 3 Q. B., at p. 572. 

quit and deliver up possession of (wt) Doe v. Ooldwin, 2 Q. B. 

the premises situate at , in 143; 10 L. J., Q. B. 275. See 

the county of , which I [he] judgment in Joius v. Phipps, 37 


A cestui que trust, wlio has been permitted for many Cestui qni 
years by the trustees to have the entu'e management of '^"* ' 
the trust estates (n), and a receiver appointed by the Receiver. 
Coiut of Chancery, with a general authority to let lands 
to tenants from year to year (o), are deemed general 
agents, and may give valid notices to quit in their own 
names. A notice to quit, signed by one of two joint Joint tenant, 
tenants on behalf of the other, is sufficient to put an 
end to a tenancy from year to year as to both (/>). An 
assignee of the reversion may avail himself of a notice 
to quit given by the preceding owner (y). 

A notice to quit proceeding from the landlord must To whom 
be served upon the original tenant (r). Since there is 
no privity of contract between the landlord and an 
under-tenant, the landlord cannot entitle himself to 
recover against such under-tenant by giving a notice to 
quit in his own name (r). 

It is not necessary that the notice should be directed Mode of ser- 
to the tenant if it can be proved to have been delivered 
to him in proper time (5). It may be either served 
upon him personally, or upon his attorney (^) ; or it 
may be left with his wife (m) or servant at his dwelling- 
house (ar), but in this case an explanation of the nature 
of the notice should be given at the time when it is 

L. J., Q. B., at p. 201 ; L. R., 3 {q) Doe v. Fonvood, 3 Q. B. 

Q. B., at p. 572, 627. 

(«) Jones V. Phipps, 37 L. J., (r) Pleasant v. Benson, 14 

Q. B. 198 ; L. R., 3 Q. B. 567. East, 234. 

(0) Wilkinson v. Colley, 5 Burr. («) Doe v. Wrightman, 4 Esp. 5. 

2694; Doe v. Read, 12 East, 57. (t) See Doe v. Ongley, 10 C. 

(p) Doe V. Summersett, 1 B. & B. 25; 20 L. J., C. P. 26. 

Ad. 135 ; Doe v. Hvlme, 2 Man. (m) Pulteney v. Shelton, 5 Vea. 

& Ry. 434; Doe v. Hughes, 7 M. 260, note (a). 

& W. 139, 141. (x) Jones v. Marsh, 4 T. R. 



served (r). The service of a notice upon the demised 
premises on one of two tenants, holding under a joint 
demise, is presumptive evidence that the notice reached 
the other (a). A notice put under the door of the 
tenant's house will be valid, if it can be proved to have 
come to the tenant's hands half a year before the ex- 
piration of the current year of the tenancy (J). Where 
a corporation is the tenant, the notice to quit may be 
served on one of its officers (c). 

If the notice proceeds from the tenant, it should be 
given to his immediate landlord or to the attorney 
or agent of such landlord authorized to receive such 
notices, and not to a mere collector of rents {d ). When 
a notice is sent by post to the landlord or his agent, 
it seems that the day on which the letter is delivered 
will be considered as the time at which the notice is 
given (e). It is sufficient if the notice sent by post 
can be proved to have reached the office of the person 
on whom it is served at any time during the last day 
on which service can be made, although after business 
hours {f\ At the time of service of a notice to quit, 
a memorandum of the fact of such service should be 
indorsed upon a duplicate of the notice ( g). 
Waiver of \ If, after the expiration of a notice to quit, the parties 

notice to qnit. I 

(z) See Doe v. Lucas, 5 Esp. {d) Pearte v. Boulter, 2 F. ik 

153 ; Smith v. Clark, 9 Dowl. F. 133. 

202. (e) Seei?«^. v. Slanstone, 18 

(a) Doe V. Watltins, 7 East, Q. B. 388 ; Reg. v. Becorder of 

651. See Doe v. Crielt, 6 Esp. Richmond, E. B. & E. 253. 

196. (/) See Papillon v. BrHnto)ij 

Ih) Alford Y. Vichery, Car. & 5 H. & N. 518, 522; 29 L. J., Ex. 

M. 280. See Doe v. Hall, 5 M. 265. 

& Gr. 795. {g) See Doe v. Turford, 3 B. & 

(c) Doe V. Woodman, 8 East, Ad. 890; Doe y. Somerton, 7 Q. 

228. B. 58; 14 L. J., Q. B. 210. 


by their acts unmistakably acknowledge a subsisting 
tenancy between them, the notice will be deemed to be i 
waived (A). A second notice to quit is considered as Second notice 
such an acknowledgment (2), unless, xmder the circum- *^°^ ' 
stances of the case, the person to whom it is given 
would not understand it as waiving the former no- 
tice {K). 

A landlord may waive a notice to quit by accepting. Acceptance of 
either personally (/), or by an agent specially authorized 
to receive it (m), rent(/) due for the occupation of 
premises after the expiration of the notice (w) ; or by 
distraining for rent accruing thereafter (0). A mere de- 
mand of rent, due after the expiration of the notice (/?), 
or a holding over or accidental detention of the key by Holding over, 
the tenant after that event (5^), does not necessarily 
operate as a waiver of the notice. 

When a valid (r) notice to quit is given by landlord or 
tenant, the party to whom it is given is entitled to count 
upon it, and it cannot be withdrawn without the consent 
of both parties. If such consent is given, there is a new 
agreement between the parties, and a new tenancy is 
created which exists only under that new agreement; 
consequently a guarantor of the rent under the original 
tenancy is not liable for rent which became due after 

(A) See 2>oe V. PaZwter, 16 East, (0) Zouch v. Willingale, 1 H. 

63, 56. Bl. 311. The landlord cannot 

(i) Per Lord EUenborongh, in distrain for such rent, unless a new 

Doe V. Palmer, 16 East, at p. 56. tenancy has been created ; ante, 

(A) See judgment in Doe v. pp. Ill, 131. 

Humphreys, 2 East, at p. 240; (j?) Blyth v. Dennett, IS C.B. 

Doe V. Steele, 3 Camp. 117. 178; 22 L. J., C. P. 79. 

(/) Ooodright v. Cordwent, 6 (q) Jenner v. Clegg, 1 Moo. & 

T. R. 219. Rob. 213, 215; Gray \. Bompa$, 

(m) See Doe v. Calvert, 2 Camp. 1 1 C. B., N. S. 520. See Jones v. 

387. Shears, 4 A. & E. 832. 

(n) See Doe v. Batten, Cowp. (r) See Doe v. Milreard, 3 M. 

243. & W. 328. 

F. T 


the time when the notice would have expired («). An 
agreement by the landlord, at the request of the tenant, 
to suspend the exercise of his rights under the notice to 
quit, will not operate as a waiver of the notice, or as a 
licence to the tenant to be on the premises otherwise 
than subject to the landlord's right of acting on such 
notice if necessary (<). 

(b) By verbal Disclaimer. 

What amonnta If a tenant from year to year, verbally or in writing, 
unequivocally denies the title of his landlord, and re- 
nounces his character of tenant, either by setting up 
title in another, or by claiming title in himself (m), the 
tenancy may be determined by the landlord without 
any notice to quit {to). It seems that whether a par- 
ticular expression does or does not amount to a dis- 
claimer, is a question for the decision of a jury ( ar). An 
omission to acknowledge the landlord as such, by re- 
questing fiu-ther information, vnll not be enough ; nor 
will a mere refusal to pay rent. A refusal to deliver 
possession, or a declaration by the tenant that he will 
continue to hold possession, cannot have that effect, at 
a time when the landlord has no right to claim it {y). 

(«) Tayleur v. Wildin, 37 L. J., jadgment in Doe v. Pasquali, 

Ex. 173, 174; L. R., 3 Ex. 303, Peake, N. P. C, at p. 197 ; Doe 

305 ; myth t. Dennett, 13 C. B. v. Frowd, 4 Bing. 557 ; Doe v. 

178 ; 22 L. J., C. P. 79. Gruib, 10 B. & C. 816; Doe v. 

(<) Whiteacre v. Syvionds, 10 Mollingt, 4 C. B. 188; 17 L. J., 

East, at p. 16. C. P. 268 ; Doe t. Tlwmpgon, 5 

(«) Per Tindal, C. J., in Doe v. A. & E. 532; Doe v. Emns, 9 M. 

Cooper, 1 M. & Gr., at p. 139. & W. 48; Doe t. Gower, 17 Q. 

See Jones v. Mills, 10 C. B., N. B. 589 ; 21 L. J., Q. B. 67. 
S. 788 ; 31 L. J., C. P. 66; Doe {x) See Doe y. Long, 9 C. & P. 

T. Cawdor, 1 Cr., M. & R. 398 ; 773. 

Hunt V. Allgood, 10 C. B., N. S. (y) See judgment in Doe t. 

253 ; 30 L. J., C. P. 313. Stanion, 1 M. & W., at p. 703. 

(w) Doev.Whittick,Go'w,'ld5i 


(4) Determination of Tenancies for optional Terms of 

If a lease is made determinable at certain specified By whom 
periods, and nothing is said as to the person by whom exercised?^ 
the option is to be exercised, the lessee only can exer- 
cise it (z) ; but a lease which is made determinable 
" if the parties think fit," is determinable only by con- 
sent of both parties (a). A proviso whereby the option 
to determine a lease is given to either of the parties, his 
executors or administrators, extends to the devisee of 
the lessor, who is entitled to the rent and reversion (i). 
Where the proviso requires notice to be given in writing 
of the intention to exercise the option to determine the 
lease, such notice will be good though given in the 
form of a notice to quit (c). The notice will be invahd 
if it varies fi:om the terms of the proviso as to the time 
at which the option is to be exercised {d ). 

(5) Determination of Tenancies for Life. 
Any person who shall have any claim to any re- Statutory 

• -x • . • i , I provision for 

mamder, reversion or expectancy m or to any estate prodnction of 
afl:er the death of any person whatsoever, upon affidavit pc'^ns on 

(z) Price v. Dyer, 17 Ves., at am desirous of patting an end to 

p. 363 ; Dann v. Spurrier, 3 B. the term granted by an indenture 

& P. 399; 7 Ves. 231; Doe v. of lease dated the day of , 

2>ia?o», 9 East, 15. 18 — , and made between [your- 

(a) Fowell v. IVanter, 3 H. & self] of the one part and [myself] 

C- 458 ; 34 L. J., Ex. 6. of the other part, at the end of the 

{b) Roe v.Hayley, 12 ¥j&st,i6i. first [seven] years of the said 

(c) Giddens v. Dodd, 3 Drew. term, in pursuance of a proviso 

485; 25 L. J., Ch. 451. Notice contained in the said lease. Dated 

may be given by the lessee, in the the day of , 18 — . 

following form : — C. D. 

To Mr. E. F. (rf) See Cadhy v. Martinez, 11 

I hereby give you notice that I A. & E. 720. 

T 2 



whose lives 
estates are 

Stat. 6 Anne, 
c. 18, 8. 1 («f). 

Persons claim- 
ing in remain- 
der after death 
of any person 
may obtain 
production of 
cestui que vie. 

If cegtui qne 
vie not pro- 
duced, to be 
taken to be 

made in the Court of Chancery by the person so claim- 
ing such estate, of his title, and that he hath cause to 
believe that such person is dead, and that his death is 
concealed by (any) guardian, trustee, husband or any 
other person, may, once a year, if the person aggrieved 
shall think fit, move the Lord Chancellor to order ; and 
(he is) hereby authorized and required to order such 
guardian, &c. concealing or suspected to conceal such 
person, at such time and place as the said court shall 
direct, on personal or other due service of such order, 
to produce to such person and persons, not exceeding 
two, as shall in such order be named by the party 
prosecuting such order, such person aforesaid; and if 
such guardian, &c. shall refuse or neglect to produce 
such person on whose life any such estate doth depend 
according to the directions of the said order, the Court 
of Chancery is hereby authorized and required to order 
such guardian, &c. to produce such person in the Court 
of Chancery or otherwise, before commissioners to be 
appointed by the said Court, at such time and place as 
the Court shall direct, two of which commissioners shall 
be nominated by the party prosecuting such order 
at his costs ; and in case such guardian, &c. shall refuse 
or neglect to produce such person in the Court of 
Chancery, or before such commissioners, the said person 
shall be taken to be dead, and it shall be la^vful for any 
person claiming any interest in remainder or reversion 
or otherwise after the death of such person, to enter 
upon such lands, tenements and hereditaments, as if 
such person were actually dead {f). 

(<?) See also stat. 19 Car. 2, of procedure when cettui que vie 
c. 6. is beyond seas. 

(/) See sect. 2, as to the mode 


If it shall afterwards appear upon proof, in any action Sect. 3. 
to be brought, that such person for whose life any such ^ cestui que 
estate is holden, (was) alive at the time of such order wards proved 

to t)6 &tlV6 

made, it shall be lawful for (any) person having any tenant for life 
estate or interest determinable upon such life, to re- """^ re-enter, 
enter upon the said Jands, &c. and to maintain an action 
against those who since the said order received the 
profits of such lands, &c., or their executors or adminis- 
trators, and therein to recover full damages for the 
profits of the same received. 

Every person having any estate determinable upon Sect. 5. 

any life or lives, "who after the determination of such par- T®",^?*"^ i°^ 
. -^ . . ^ the life of 

ticular estates, without the express consent of him who another hold- 
shall be immediately entitled after the determination be deemed 
of such particular estates, shall continue in possession trespassers. 
of any manors, messuages, lands, tenements or heredi- 
taments, shall be adjudged to be trespassers, and every 
person, his executors and administrators, who shall be 
entitled to any such manors, messuages, &c., upon or 
after the determination of such particular estates, shall 
recover in damages against every such person so holding 
over as aforesaid, and against his executors or adminis- 
trators, the ftdl value of the profits received during 
such wrongfid possession as aforesaid. 

Sect. II. — Modes of determination generally 
applicable. . 

(1) Merger. 
Merger occurs where a greater and a less estate When it 
coincide and meet in one and the same person, without 
any intermediate estate ( g) ; as, for instance, when 

(^) See Burton y, Barclay, 7 Bing. 745, 756.. 


tenant for years obtains the fee (h). If a tenant for 
years acquires a life interest in the estate pur autre 
vie, the two being concurrent, one only can exist, and 
the other is merged ; but there is no inconsistency' or 
incompatibility in a man's having, not two concurrent, 
but two successive estates. If a lease for years be 
granted to a tenant pur autre vie, to commence when 
• his life estate ceases, he will be tenant of the freehold, 
so long as cestui que vie lives, but amenable to the 
reversioner for every duty to which that tenancy is 
subject ; and he will be tenant for the term when cestui 
que vie dies, and still amenable to the reversioner for 
all the duties of that tenancy. He will never stand in 
the character, which the law of merger is intended to 
prevent, of reversioner to himself (z). Merger will not 
take place where the two estates are held in different 
rights, and the tenant has not acquired the freehold 
by his own act (j). The fact that the reversion is for a 
less number of years than the estate in possession, will 
not prevent the latter from merging in the former (A). 

(2) Surrender. 

Express. To constitute a valid express surrender, it is essential 

that it should be made to and accepted by the owner in 
his own right of the immediate estate in reversion or 
remainder (/). Any form of words, whereby such an 
intent and agreement of the parties may appear, will 
be sufficient to ^;^rk a surrender ; and the law will 
direct the operation and construction of the words ac- 

(A) 2 Black. Com. 177 ; jndg- (J) Jones v. Davies, 5 H. & N. 

ment in Doe v. Walker, 5 B. & C, 766 ; 29 L. J., Ex. 374 ; 7 H. & 

at p. 120. N. 507 ; 31 L. J., Ex. 116. 

(i) Jndgment in Doe v. Walker, {k) Bac. Abr. (S. 2) 211. 

5 B. & C, at p. 121. (0 See Bac. Abr. (S. 1) 209. 


cordingly, without the precise or formal mention of the 

Avord surrender {m). 

No leases, estates or interests, either of freehold or Stat 29 Car. 2, 

terms of years, or any uncertain interest not beine *^- ' ' *• ' • 

, . " Leases to be 

copyhold or customary mterest, in any messuages, surrendered by 

manors, lands, tenements or hereditaments, shall be 

assigned, granted or surrendered, imless it be by deed 

or note in writing, signed by the party so assigning, 

granting or surrendering the same, or their agents 

thereunto lawfully authoiized by writing, or by act or 

operation of law. 

A surrender in writing of an interest in any tene- stat. 8 & 9 
ments or hereditaments, not being a copyhold interest, g 3/ '^^ ' 
and not being an interest which might by law have Surrenders to 
been created without writing, shall be void at law, ^ ^ * 
unless made by deed. 

A surrender may be impHed by operation of law Implied, 
from any thing which amounts to an agreement on the 
part of the tenant to abandon, and on the part of the 
landlord to resume possession of the premises (n). The 
following circumstances have been held to amount to a 
surrender by operation of law: — Delivery by the tenant 1- Delivery of 
to the landlord, and acceptance by the landlord of the 
keys of the demised house, with the intention that there 
shall be a transfer of possession (o). In this case, how- 
ever, there must be clear evidence of the acceptance 

(j)i) Bac .Abr. (S. 1) 209. See Popplewell, 12 C. B., N. S., at p, 

Smithy. MaplebackylT.'R.Ul; 340. 

Doe V. Stagg, 5 Bing. N. C. 664. (o) Dodd v. AeMom, 6 M. & 

The stamp duty on a surrender, Gr. 672; 13L. J., C. P. 11; PA«rai 

not chargeable with duty as a con- v. Popplenell, 12 C. B., N. S. 334; 

veyance on sale or mortgage, is 31 L. J., C. P. 235. See White- 

ten shillings. (Stat. 33 & 34 Vict. head y. Clifford, & T&xmt. b\9,; 

c. 97, Schedule.) Grimvian v. T-egge, 8 B. & C. 

(«) Per Erie, C. J., in Phenh t. 324. 


of the key by the landlord {p). The mere fact that he 
has not sent back the key which the tenant has left at 
his office, is not evidence from which a surrender can 
be implied (/?). A parol license to quit will not of 
itself operate as a surrender of the tenant's interest ; 
but when the tenant gives up possession in pursuance 
of such a license, and the landlord accepts possession, 
the license, coupled with the fact of the change of pos- 
session, is a surrender by act and operation of law, and 
the landlord cannot recover any rent which becomes 
due aft«r his acceptance of the possession (q). 
2. Acceptance Acceptance by the lessee of a new lease, from the 
of new lease, lessor, to begin during the continuance of the old 
lease {r). The surrender in this case is the act of the 
law, and will prevail in spite of the intention of the 
parties (5). A new lease will operate as a surrender, 
although for a shorter term than the prior lease ; and a 
new valid lease by parol will constitute a surrender of a 
prior lease by deed (r). But where the new lease does 
not pass an interest according to the contract, the ac- 
ceptance of it will not amount to a surrender of the 
former lease {t). Hence, the acceptance of a void 
lease {t), or the execution of a mere agreement for a 
new lease (m), will not operate as a surrender. 

(j?) Cannan v. Hartley, 9 C. Eliz., at p. 522; Davisonr. Stan- 

B. 634 ; 19 L. J., C. P. 823. See ley, 4 Burr. 2210 ; McDonnell v. 
JBronn v. Burtimham, 7 D. & R. Pope, 9 Hare, 705. 

603. («) Lyon v. Reed, 13 M. & W. 

(j) Per Bayley, J., in Grim- 285; 13 L. J., Ex. 377, 382. 

vian V. Legge, 8 B. & C, at p. (<) See Doe v. Courtetiay, 11 

825. Q. B. 702; 17 L. J., Q. B. 151; 

(r) See judgment of Tindal, Doe v. Poole, 11 Q. B. 713; 17 

C. J., in Dodd v. Acklom, 6 M. & L. J., Q. B. 143. 

Gr. 679 ; 13 L. J., C. P., at p. 13; (m) Foquet v. Moor, 7 Ex. 870; 

Fulmerttone v. Steward, Plowd. 22 L. J., Ex. 35. See Graham v. 
106, 107 a ; Ive v. Sams, Cro. Whichelo, 1 Cr. & M. 188 ; jndg- 


The grant of a new lease, by the landlord, to a third 3. Acceptance 
person, with the assent of the tenant, who gives up his third°per8on°aa 
own possession (x) ; or the acceptance by the landlord, tenant with 
with the assent of a tenant from year to year, of another prior tenant, 
person as tenant, who takes possession (y). Where an 
under-tenant is in possession, the acceptance of such 
under-tenant as tenant by the lessor may be proved by 
his having accepted the key from the original lessee, or 
by his acceptance of rent from the under-tenant, or by 
some act tantamount to it (z). Receipts for rent received 
by a landlord from a third person are strong evidence of 
a change of tenancy with the consent of the landlord, 
amounting to a surrender by operation of law (a). 

The creation of a new relation in regard to the 4, Creation of 
demised property, wholly inconsistent with that of relation, 
landlord and tenant (J), as, for instance, where the 
tenant becomes the servant of the landlord, accounting 
to him for all the profits of the demised premises, and 
being allowed fixed daily wages {b). 

The mere cancelling of a lease is not a surrender 
by operation of law of the term thereby granted (c), or 
prima facie evidence of a surrender by deed(rf). 

Though a surrender operates between the parties as Operation of 
an extinguishment of the interest which is surrendered, rights of third 


ment of Holroyd, J., in Hamerton 235. See Harding v. Crethorn, 

V. Stead, 3 B. & C, at p. 482. 1 Esp. 67 ; Cadle v. Moody, 30 

(a?) Davison v. Gent, 1 H. & L. J., Ex. 385. 
N.744; 26 L. J., Ex. 122; Walker (z) Per Lord Kenyon, C. J., in 

V. Richardson, 2 M. & W. 882 ; Harding v. Crethorn, 1 Esp. 57. 
McDonnell v. Pope, 9 Hare, 705. (a) Larvrance v. Faux, 2 F. & 

See Eex v. Banbury, 1 A. & E. F. 435. 

136; Nickells v. Atherstone, 10 (i) Peter v. Kendal, 6 B. & C. 

Q. B. 944; 16 L. J., Q. B. 371 ; 703, 710. 

Reeve v. Bird, 1 Cr., M. & R. 31; (c) Roe v. Archbishop of York, 

Hamerton v. Stead, 3 B. & C. 6 East, 86. 
478. {d) Doe v. Thymus, 9 B. & C. 

(y) Thomas v. Cook, 2 B. & A. 288. See Ward v. Lumley, 5 H. 

119; Stone v. Whiting, 2 Stark. & N. 87; 29 L. J., Ex. 322. 



Stat 4 Geo. 2, 
c. 28, 8. 6. 

Surrender for 
purpose of re- 
newal to be 
valid without 
surrender of 

Stat. 8 & 9 
Vict. c. 106, 
8. 9. 

When rever- 
sion on a lease 
is surrendered 

it does not so operate as to third persons who, at the 
time of the surrender, had rights which such extinguish- 
ment would destroy. As to them the surrender operates 
onlj as a grant subject to their right, and the interest 
surrendered still has, for the preservation of their right, 
continuance (e). 

In case any lease shall be duly surrendered, in order 
to be renewed, and a new lease executed by the chief 
landlord, the same new lease shall, without a surrender 
of the underleases, be as valid as if all the underleases 
derived thereout had been likewise surrendered before 
the taking of such new lease ; and every person in 
whom any estate for life or lives, or for years, shall from 
time to time be vested by virtue of such new lease, his 
executors and administrators, shall be entitled to the 
rents, covenants and duties, and have like remedy for 
recovery thereof, and the under-lessees shall hold the 
messuages, lands and tenements in the respective imder- 
leases comprised, as if the original leases, out of which 
the respective imderleases are derived, had been stiU 
kept on foot and continued, and the chief landlord shall 
have the same remedy, by distress or entry upon the 
messuages, &c., comprised in any such underlease, for 
the rents and duties reserved by such new lease so far 
as the same exceed not the rents and duties reserved in 
the lease out of which such imderlease was derived, as 
they would have had in case such former lease had been 
continued, or the imderleases had been renewed under 
such new lease. 

"When the reversion expectant on a lease shall be 
surrendered or merge, the estate which shall for the 
time being confer, as against the tenant under the same 
lease, the next vested right to the same tenements or 

(«) Judgment in Doe r. Pyke, 
5 M. & S., at p. 154 ; Pleatant t. 

Benson, 4 East, 234, 238; Co. 
Lit. 338 b. 


hereditaments, shall, to the extent and for the purpose or merged, the 

of preserving such incidents to and obligations on the estote^to be 

same reversion, as, but for the surrender or merger deemed the 

f reversion. 

thereof, would have subsisted, be deemed the reversion 
expectant on the same lease. 

(3) Forfeiture. 
(a) Where there is no express Proviso for Re-entry. 

Any act of the lessee by which he disaffirms or Disclaimer by 
impugns the title of his lessor occasions a forfeiture of record &c. 
his lease ; for to every lease the law tacitly annexes a 
condition, that if the lessee do anything that may affect 
the interest of his lessor, the lease shall be void, and the 
lessor may re-enter (/). A lessee may thus incur a 
forfeiture where he sues out a writ, or resorts to a 
remedy, which claims or supposes a right to the free- 
hold (^), or where, in an action by his lessor groimded 
upon the lease, he resists the demand under the grant 
of a higher interest in the land(y*); or where he 
acknowledges the fee to be in a stranger (/). The 
mere payment of rent, by a tenant ybr a term of years ^ 
to a third person (<jr), or a verbal denial by such tenant 
of the landlord's title (A), will not operate as a for- 
feiture of the lease. 

Forfeitiu-es are also incurred by the breach of express On breach of 
or conventionary conditions annexed by the lessor to annexed°to 
his grant (e). In a lease for years, no precise form of g™nt. 
words is necessary to make a condition ; it is sufficient 
if it appear that the words used were intended to have 

(/) Bac. Abr. (T. 2) 219. (A) Doc r. WelU, 10 A. & E. 

{g) Doe y. Parker y Gow, 180. 427. 

(i) Bac. Abr. (T. 2) 220. 



that effect (J) ; hence, a clause in a lease whereby it is 
stipulated and conditioned that the lessee shall not 
assign, creates a condition, for the breach of which the 
lessor may maintain an ejectment (A). 


(b) Where there is an express Proviso for Re-entry. 

By whom lease The construction of a proviso for re-entry by the 

may be deter- . 111 ^1 

mined nnder lessor on non-periormance by the lessee 01 the cove- 

enfrv^ '^^ ^^ nants, and of a proviso that upon such non-performance 
the term shall cease and become void, is that the lease 
shall be voidable only at the option of the lessor ; for 
the lessee who has been guilty of a wrongful act cannot 
avail himself of that wrongful act to insist that thereby 
the lease has become void to all intents and purposes (/), 
and the tenancy will therefore continue until some act 
is done by the lessor showing his intention to deter- 
mine it (m). 

Before advantage can be taken of a proviso for re- 
entry for non-payment of rent, a formal demand of rent 
must be made ; unless such demand has been either 
expressly dispensed with in the proviso or condition (n), 
or one half-year's rent is in arrear, and no sufficient dis- 
tress can be found on the premises (0). The demand 
must be of the sum due for rent for the last term of 

Demand of 

(j) Judgment of Bayley, J., in 
Doe V. Watt, 8 B. & C, at p. 315. 

(A) Doe V, Watt, 8 B. & C. 
308. See Simpson v. Titterell, 
Cro. Eliz. 242; Pembroke v. 
Berkeley, ib. 384; Harrington v. 
Wise, ib. 486 ; Co. Lit. 203 b. 

(Z) Judgment of Bayley, J., in 
Doe V. Bancki, 4 B. & A. 406 ; 
Arntby v. Woodward, 6 B. & C. 

619 ; Dakin v. Cope, 2 Russ. 170; 
Doe r. Birch, 1 M. & W. 402. 

(m) See judgment of Denman, 
C. J., in Boberts v. Davey, 4 B. 
& Ad., at p. 671 ; Hartshorne y. 
Watson, 4 Bing. N. C. 178. 

(a) Doe V. Masters, 2 B. & C. 

(0) Stat. 15 & 16 Vict. c. 76, 
8. 210 ; post, p. 285. 


payment (/>), and must be made at a convenient time 

before sunset on the last day of payment (§'). The 

demand must be made upon the land ; if there is a 

house on the premises, at the front door of such 

house (r) ; or if the premises consist of lands and woods, 

upon the lands {s) ; or if they consist of woods only, 

at the gate of the wood, or at some highway leading 

through it, or other most notorious place {t). It is not 

material whether the tenant is there or not {u). If 

tender of the rent is made to him who is to receive it 

upon any part of the land, at any time on the last day 

of payment, the tender will save the condition {t). 

Where " one half-year's rent shall be in arrear (x), Stat. 15 & 16 

and the landlord, to whom the same is due, hath right g 21b. ' 

by law to re-enter for the non-payment thereof (y), such Where one 

landlord may, without any formal demand or re-entry, jg jn arrear and 

serve a writ in ejectment for the recovery of the demised ^^"^1°/'^^ - 

premises, or in case the same cannot be legally served, enter, he may, 

. • /» 1 • instead of 

or no tenant be in actual possession of the premises, formal de- 

such landlord may affix a copy thereof upon the door ^^° jj^ ^Uct- 

of any demised messuage, or in case such action in ™®°*- 

ejectment shall not be for the recovery of any messuage, 

then upon some notorious place of the lands, tenements 

or hereditaments comprised in such writ in ejectment, 

and such affixing shall be deemed legal service thereof, 

which service or affixing such writ in ejectment shall 

stand in the place of a demand and re-entry ; and in 

case of judgment against the defendant for non-appear- 

(/>) See Doe v. Paul, 3 C. & (m) Co. Lit. 201 b. 

P. 613; Ihhian v. Winston, Cro. (a;) See Cotesmorth v. Spokes, 

Eliz. 209. 10 C. B., N. S. 103 ; 30 L. J., C. 

(q) Co. Lit. 202 a. P. 220. 

(r) Co. Lit. 201 b. (y) See Doe v. Roe, 7 C. B. 

(«) Poph. 58. 134. 

(f) Co. Lit. 202 a. 



ance, if it shall be made to appear to the court where the 
said action is depending, by affidav-it (z), or be proved 
upon the trial in case the defendant appears, that half- 
a-year's rent was due before the said writ was served, and 
(that the premises were locked up (a), or) that no suf- 
ficient distress was to be foimd on the demised premises, 
countervailing the arrears then due, and that the lessor 
had power to re-enter, in such case the lessor shall 
recover judgment and execution, in the same manner 
as if the rent in arrear had been legally demanded, and 
a re-entry made." 

Acts amount- 
ing to waiver. 

1. Receipt of 

(c) Waiver of Forfeiture. 

If a landlord, when he is in a position to take advan- 
tage of a forfeiture, elects not to take advantage of it, 
and so declares to the person against whom he has 
power to enforce it, and at a later period acknow- 
ledges the continuance of the tenancy, he thereby 
waives such forfeiture (6). Mere knowledge and ac- 
quiescence in an act constituting a forfeiture, does not 
amount to a waiver ; there must be some act affirming 
the tenancy (c). The following circumstances have 
been held to operate as waivers of forfeitures : — Accept- 
ance by the landlord from the tenant of rent due after 
the forfeiture {d)', or an action (e) or distress {f) by 
the landlord for such rent. No words of the landlord 

(z) See Cross y. Jordan, 8 Ex. 
149 ; 22 L. J., Ex. 70. 

(a) Hammond v. Matlier, 3 F. 
& F. 1.51. See Doe v. Dyson, M. 
& M. 77. 

(J) Per Erie, C. J., in Ward v. 
Day, 5 B. & S., at p. 364 ; 33 L. 
J., Q. B., at p. 255. 

(c) Per Heath, J., in Doe t. 

Allen, 3 Taunt., at p. 81. 

{d) Arnshy v. Woodward,^ B. 
& C. 519 ; Doe t. Rees, 4 Bing. 
N. C. 384; Doe t. Pritchard, 5 
B. & Ad. 765. 

(e) Dendy v. Nicholl, 4 C. B., 
N. S. 376 ; 27 L. J., C. P. 220. 

(/) Doe V. Peck, 1 B. & Ad. 


at the time of his receiving the money can prevent this 
legal effect {(jf). A forfeiture will not be waived by- 
acceptance by the landlord of rent due before the for- 
feiture was incurred (A), or after he has commenced an 
action of ejectment against the tenant (z). 

An absolute and unqualified demand of rent due 2. Demand of 
after the forfeiture, made by a person having sufficient ^^^ ' 
authority (J), 

An agreement by the landlord to grant a new term 3. Agreement 

after the expiration by effluxion of time of a term in lease^after^ex- 

respect of which a forfeiture has been incurred (A). P'F^H"" °'^ ^°'' 

^ ^ ^ ^ ' felted lease. 

Advice given by the landlord after the forfeiture, to 4 Advice to 
a third person to purchase the lease of the lessee (/). P'^^hase lease. 
Advice to a person having an interest in premises, to 
** take to " them, will not waive a forfeiture (^/). 

Where the breach of covenant causing a forfeiture is Continuous 
continuous (m), the receipt of rent, or other acknow- 
ledgment of tenancy by the landlord, will not preclude 
him from taking advantage of a forfeiture incurred sub- 
sequently to such acknowledgment (n). 

Where any actual waiver of the benefit of any cove- Stat. 23 & 24 
nant or condition in any lease on the part of any lessor, g. 6 ' 

or his heirs, executors, administrators or assigns, shall Effect of 
be proved to have taken place after the passing of this stricted to 
act, in any one particular instance, such actual waiver ^^^^jl'f** . 
shall not be deemed to extend to any instance or any daily relates. 

(g) Croft V. Liimley, 6 E. & B. (Jt) Ward v. Day, 5 B. & S. 

648 ; 25 L. J., Q. B. 223 ; 6 H. L. 369 ; 33 L. J., Q. B. 254. 

C. 672; 27 L. J., Q. B. 321. (Z) Doe t. Eykins, 1 C. & P. 

(Ji) See Price v. Worwood, 4 154 ; Ry. & M. 29, 30. 

H. & N. 512 ; 28 L. J., Ex. 329. {m) Ante, pp. 194, 222. 

(i) See Jones v. Carter, 16 M. («) Doe v. Woodbridge, 9 B. & 

& W. 718. C. 376 ; Doe v. Jones, 5 Ex. 498 ; 

ij) Per Parke, B., in Doe v. 19 L. J., Ex. 405. 
Birch, 1 M. & W., at p. 408. 


breach of covenant or condition, other than that to 
which such waiver shall specially relate, or to be a 
general waiver of the benefit of any such covenant or 
condition, unless an intention to that effect shall appear. 

(d) Relief against Forfeiture. 

For non-pay- Courts of equity will relieve the tenant from forfeiture 
ment of rent. r- « . , . . ^ n 

tor nonpayment oi rent withm six months alter execu- 
tion executed (o), on payment by him of the rent, toge- 
ther with full costs. 

Stat. 15 & 16 In case the lessee, his assignee, or other person claim- 

Vict.c.76, . . , . , . ^ . , ^ . 

8. 211. ing any nght, title or interest, in law or equity, to the 

Lessee pro- said lease, shall, within the time aforesaid, proceed for 

cccdinfif for 

relief in equity relief in any Court of equity, such person shall not have 
injunction^ or continue any injunction against the proceedings at law 

against pro- q^ such eiectment, unless he shall, within forty days 

ceedinps at j ' ' j j 

law unless he next after a full and perfect answer shall be made by the 
Ck)urt rent and claimant in such ejectment, bring into Court, and lodge 
with the proper officer, such sum and sums of money 
as the landlord shall in his answer swear to be due and 
in arrear over and above all just allowances, and also 
the costs taxed in the said suit, there to remain till the 
hearing of the cause, or to be paid out to the landlord 
on good security, subject to the decree of the Court ; 
and in case such proceedings for relief in equity shall 
be taken within the time aforesaid, and after execution 
is executed, the landlord shall be accoimtable only for 
so much, and no more, as he shall really and bona fide, 
without fraud, deceit or wilful neglect make of the 
demised premises from the time of his entering into 
the actual possession thereof; and if what shall be so 

(o) Stat. 15 & 16 Vict. c. 76, 8. 210. 



made by the landlord happen to be less than the rent 
reserved on the said lease, then the said lessee or his 
assignee, before he shall be restored to his possession, 
shall pay such landlord what the money so by him made 
fell short of the reserved rent for the time such lessor or 
landlord held the said lands. 

If the tenant or his assignee shall, at any time before Sect. 212. 
the trial in such ejectment, pay or tender to the land- ^i*"^*'^! 
lord, his executors or administrators, or his or their tenders to land- 
attorney m that cause, or pay mto the Court, where the into Coart rent 
same cause is depending, all the rent and arrears, toge- ceedings^to'^"" 
ther with the costs, all further proceedings on the said <^^*^- 
ejectment shall cease and be discontinued ; and if such 
lessee, his executors, administrators or assigns, shall, 
upon such proceedings as aforesaid, be relieved in equity, 
he and they shall have, hold and enjoy the demised 
lands, according to the lease thereof made, without any 
new lease. 

A Court of equity shall have power to relieve against Stat. 22 & 23 
a forfeiture for breach of a covenant or condition to in- g. 4. ' * * 
sure against loss or damage by fire, where no loss or Relief against 
damage by fire has happened, and the breach has, in breach of cove- 
the opinion of the Court, been committed through acci- nant to insure, 
dent or mistake, or otherwise without fi:aud or gross 
negligence, and there is an insurance on foot at the 
time of the application to the Court in conformity with 
the covenant to insure, upon such terms as to the Court 
may seem fit. 

The Court, where relief shall be granted, shall direct Sect. 5. 
a record of such relief having been granted to be made ^lief to**be 

by indorsement on the lease or otherwise. indorsed on 

The Court shall not have power, under this act, to gg^^. q 

relieve the same person more than once in respect of the Relief to be 

P. u 



granted only 
once to same 
person in re- 
spect of same 

Stat. 23 & 24 
Vict. c. 126, 
s. 1. 

Courts of law 
may relieve 
on ejectment 
for forfeiture 
for non-pay- 
ment of rent; 

Sect. 2. 

or on ejectment 
for forfeiture 
for non-insur- 

Sect. 3. 

Cases in which 
Courts of 
Chancery will 
not relieve 
against for- 

same covenant or condition ; nor shall it have power to 
gi'ant any relief under this act where a forfeiture under 
the covenant in respect of which relief is sought shall 
have been already waived out of Court in favour of the 
person seeking the relief. 

In the case of any ejectment for a forfeiture brought 
for non-payment of rent, the Coiui; or a judge shall have 
power, upon rule or summons, to give relief in a sum- 
mary manner, but subject to appeal as hereinafter men- 
tioned (see sects. 4 — 11), up to and within the like time 
ailer execution executed, and subject to the same terms 
and conditions in all respects as to payment of rent, 
costs, and otherwise, as in the Coiu*t of Chancery ; and 
if the lessee, his executors, administrators or assigns 
shall, upon such proceeding, be relieved, he and they 
shall hold the demised lands according to the lease 
thereof made, without any new lease. 

In the case of any ejectment for a forfeiture for 
breach of a covenant or condition to insure against 
loss or damage by fire, the Court or a judge shall have 
power, upon rule or summons, to give relief in a sum- 
mary manner, but subject to appeal as hereinafter 
mentioned -(see sects. 4 — 11), in all cases in wliich such 
relief may now be obtained in the Court of Chancery 
under the provisions of (stat. 22 & 23 Vict. c. 35), and 
upon such terms as would be imposed in such Court. 

Where such relief shall be granted, the Court or a 
judge shall direct a minute thereof to be made by in- 
dorsement on the lease, or otherwise. 

Courts of equity will not relieve against forfeiture 
for breach of the following covenants, imless by un- 
avoidable accident (^), fraud, surprise, or ignorance 

(i?) See Bargent v. Thomson, 9 Jnr., N. S. 1192 ; 4 Giff. 473. 


not wilful, persons have been prevented from executing 
them literally ; — Covenant not to assign or underlet 
without consent (y); not to permit a way over land(r); 
to repair (s). 

(g') Il'dl V. Barclay, 18 Ves., («) Ilill v. Barclay, 18 Ves. 

at p. 63. 56 ; Oregory v. Wilson, 9 Ilare, 

(»•) Descarlett v. Dennett, 9 683. li\xi^Q Bamf or dw. Creasy, 

Mod. 22. 3 Giff. 075. 


( 292 ) 




Sect. I. Fixtures 292 

(1) What articles are fixtures .. 292 

(2) Ownership of fixtures where there is no express 

agreement . . . . . . . . . . 293 

Fixtures put up by landlord . . . . . . 293 

„ „ tenant . . . . . . 293 

Ornamental fixtures . . . . . . 294 

Trade fixtures 294 

Agricultural fixtures . . . . . . 295 

Time of removal . . . . . . . . 29C 

(3) Ownership under express agreements . . . . 297 
II. Emblements 298 

(1) In what cases they may be claimed . . . . 298 

(2) Provision as to tenants of landlords entitled for 

uncertain interests . . . . . . . . 299 

III. Away-going crops 300 

IV. Compensation for tillages, &c 300 

v. Delivery of possession . . . ". . . . . 301 

(1) Tenant's obligation to give possession . . . . 301 

(2) Landlord's remedies for recovering possession . . 302 

(a) Indirect 302 

Action for double value . . . . . . 302 

Action or distress for double rent . . 304 

(b) Direct 305 

Entry 305 

Proceedings before justices . . . . 306 

In case of houses at rents not ex- 
ceeding 201. a-year , . . . 306 

In case of deserted premises . . 310 

Proceedings in county court . . . . 310 

Action of ejectment 313 

Sect. I. — Fixtures. 

(1) What Articles are Fixtures. 

To affix a chattel to land, so as to make it a fixture, 
it is not sufficient that it has been laid upon the land 
and brought into contact with it; something more is 
required than mere juxtaposition; as, that the soil shall 


have been displaced for the purpose of receiving the 
article, or that the chattel should be cemented or other- 
wise fastened to some fabric previously attached to the 
ground (a). Hence, articles standing merely by their 
own weight (Z»), such as wooden erections resting upon, 
but not attached to, blocks of wood(c), or brick pil- 
lars (d), or a foundation of brick and stone (e), are 
not fixtures. Machines screwed to the floor to steady 
them are not thereby made fixtures (/"). A greenhouse 
resting on a brick wall, to which the upper fi*ame is 
attached in the usual way, by a course of mortar, is a 
fixture as between landlord and tenant (^). 

(2) Ownership of Fixtures where there is no express 

Fixtures erected before the commencement of the Fixtures 
tenancy, or put up by the landlord during the tenancy ^^'^^^^^^S^t 
for a permanent purpose and for the better enjoyment of tenancy or 
of his estate, though in the ordinary case of landlord during te- 
and tenant they would be removable by the latter during ^^^'^^' 
the term, become part of the fi*eehold (A). 

The general rule is, that where a lessee having an- Fixtures put 

nexed a personal chattel to the freehold during his term ^Ling t^^ 


(a) Amos & Ferard on Fix- I B. 8c Ad. 161; Dean v. AUalley, 

tores, p, 2, cited by Mellor, J., 3 Esp. 11. 

in Turner v. Cameron, 3D L. J,, (/) Per Lord Lyndhurst, C. B., 

Q. B,, at p. 130. in Trappes v. Ilarter, 2 Cr. & M., 

(J) Sec Mather v. Fraser, 2 K. at p. 177 ; Hellawell v. Eastnood, 

& J. 536 ; 25 L. J., Ch. 861. 6 Ex. 295 ; 20 L. J., Ex. 154. 

(c) Culling v. Tuffn^il, Bull. ig) Jenkins y. Gething,2 3.8i 

N. P. 34. H. 520. Sec Buckland v. Butter- 
id) See Rex v. Londonthorpe, field, 2 B. & B. 54. 

6 T. R. 377. (A) Walmsley v. Milne, 7 C. 

(e) Wanshrough v. Maton,\A. B., N. S. 115 ; 29 L. .T., C. P. 97 ; 

& E. 884 ; Wiltshsar v. Cottrell, Matlier v. Fraser, 2 K. & J. 536; 

1 E. & B. 074. See Rex y. Otley, 25 L. J., Ch. 361. 



1. Ornamental 
fixtures, &c. 

2. Trade 

afterwards takes it away, it is waste (i). In the pro- 
gress of time, however, this nile has been relaxed, and 
many exceptions have been grafted upon it (z). In the 
following cases articles affixed by the tenant during his 
tenancy may be claimed by him, provided they can be 
removed without doing substantial injury to the free- 

Articles of ornament and domestic utility ; such as 
ornamental chimney-pieces (J), stoves and grates (A), 
wainscots fastened with screws (k), cornices (Z), beds 
fastened to the wall or ceiling (wi), chimney -glasses and 
pier-glasses (w), ovens, coppers and pumps slightly 
affixed to the freehold (o). A tenant who is not a 
nurseryman by trade cannot remove or sell any 
trees (p), shrubs ((z), or flowers (r), which he may 
have planted upon the demised premises. 

Machinery and utensils of a chattel nature (s) ; such 
as salt-pans (^), vats, &c. for soap-boiling (m), engines 
for working collieries (x) ; also buildings of a temporary 
description erected by the tenant for the purpose of 
carrying on his business (y). Buildings of a permanent 

(i) Per Dallas, C. J., in BucJi- 
land V. Butterfield, 2 Br. & B., 
at p. 58. 

(^■) Leach v. Thomas, 7 C. & 
P. 327. See judgment in Lawton 
V. Salmon, 1 H. BI., at p. 260, 
note; Bishop Y.Elliott, 11 Ex. 
113, 119; 24 L. J., Ex. 229. 

(Ji) Per Tindal, C. J., in Oryme.s 
T. Boner en, 6 Bing. , at p. 439. See 
Birch V. Dawson, 2 A. & E. 37. 

(Z) Avery v. Cheslyn, 3 A. & 

(«i) ^x parte Quineey, 1 Atk., 
at p. 478. 

(n) Beck V. Reboip,\ P.Wms. 94. 

(o) Grymes v. Boweren, 6 Bing. 

437 ; Winn v. Ingilby, 5 B. & A. 

(i?) W^yndham v. Way, 4 Taunt. 

(q) Empson v. Soden, 4 B. & 
Ad. 655. 

(r) Per Littledale, J., in Emp- 
son V. Soden, 4 B. & Ad., at p. 657. 

(«) See Fisher v. Dixon, 12 CI. 
& F. 312,325,331. 

(t) Lanton v. Salmon, 1 H. Bl. 
259, note (<?). 

(?/) Poole's Case, 1 Salk. 368. 

(ar ) Lawton v. Lawton, 3 Atk. 
1 3 ; Dudley v. Warde, Ambl. 1 1 4. 

(y) Lawton v, Lawton, 3 Atk. 
18, 15; Lawton v. Salmon, 1 H. 


character, although used as accessories to trade fixtures, 
are not removable by the tenant (z). Nurserymen may 
remove trees and shrubs grown for sale (a), and, per- 
haps, also hothouses erected by them {b). It seems 
that a custom of the neighbourhood, as to the removal 
of articles erected by a tenant, may be taken as an 
explanation of their nature and character (c). 

Farm buildings, machinery, &c. erected by agricul- 3. Agricultural 
tm-al tenants, and affixed to the soil(</), before 24th 
July, 1851, cannot be removed by them (e), unless 
there is an express agreement to that eflfect. " If any Stat. 14 & 15 

. Vict. c. 25 

tenant of a farm or lands shall, after the passing of s. 3. 
this* act (24 July, 1851), with the consent in writing (/) Buildings, &c. 
of the landlord for the time being, at his own cost and tenant for 
expense, erect any farm building, either detached or ^roose°,'^witli 
otherwise, or put up any other building, engine or consent of 
machinery, either for agricultiu*al purposes or for the removable un- 
purposes of trade and agriculture, which shall not have shall choose to 
been erected or put up in pursuance of some obligation P°'"'=^*^ ^®™- 
in that behalf, then all such buildings, engines and 
machinery shall be the property of the tenant, and shall 
be removable by him, notwithstanding the same may 

Bl. 259, note; Penton v. RohaH, 2 B. & A., at p. 168; Trappes v. 
4 Esp. 33. See CUviie v. Wood, Harter, 3 Tyr. 603 ; 

37 L. J., Ex. 158 ; L. R., 3 Ex. Tuffnal, Bull. N. P. 34. 
257. (<f) See ante, p. 292. 

(z) Whitehead v. Bennett, 27 (e) Ebceg v. Maw, 3 East, 38. 

L. J., Ch. 474. See Tliresher v. (/) The consent may be in the 

East London Waterworks Co., 2 following form : — 

B. & C. 608. To Mr. C. D. 

(a) Wardellv. Usher,3Sc.'S. I do hereby consent to the erec- 

R. 508. tion by yon, at your own cost and 

(J) Per Lord Kenyon, C. J., in expense, of {_an engine or boilerli 

Penton v. liobart, 2 East, at p. in or upon [describe the exact 

90 ; but see 2 B. & B., at p. 58 ; situation] upon the premises now 

Amos & Ferard on Fixtures, 70, held by you as my tenant. 

843. Dated the day of ,18—. 

(p) Judgment in Daeit y. Jones, E. F. 



One month's 
notice in 
writing to be 
given to land- 

Time of re- 

consist of separate buildings, or that the same or any 
part thereof may be built in or permanently fixed to 
the soil, so as the tenant making any such removal do 
not in anywise injure the land or buildings belonging 
to the landlord, or otherwise do put the same in like 
condition, or as good condition, as the same were in- 
before the erection of anything so removed : Provided 
nevertheless, that no tenant shall, under the provision 
last aforesaid, be entitled to remove any such thing as 
aforesaid without first giving to the landlord or his 
agent one month's previous notice in writing of his 
intention so to do (^) ; and thereupon it shall be lawful 
for the landlord, or his agent on his authority, to elect 
to purchase the matters and things so proposed to be 
removed, or any of them, and the right to remove the 
same shall thereby cease, and the same shall belong to 
the landlord ; and the value thereof shall be ascertained 
and determined by two referees, one to be chosen by 
each party, or by an umpire to be named by such 
referees, and shall be paid or allowed in account by the 
landlord who shall have so elected to purchase the 

The tenant must remove his fixtures during the con- 
tinuance of his original term {h), or during such fmlher 
period of possession by him as he holds the premises 
under a right still to consider himself as tenant (f). In 

(ff) The notice may be in the 
following form : — 
To Mr. E. F. 

I hereby give yon notice that I 
intend, after the lapse of one month 
from your receipt of this notice, to 
remove from the premises which I 
now hold of you as tenant, the 
{^engine and boiler] erected by me 

Dated the day of , 18—. 


(Ji) Lyde v. Russell, 1 B. & 
Ad. 394, 395 ; Minshall v. Lloyd, 
2 M. & W. 450. See Poole's 
Case, 1 Salk. 368. 

(i) Weeton v. Woodcock, 7 M. 
& W. 14, 19; Penton v. Rohart, 
2 East, 88 ; Leader v. Homewood, 
5 C. B., N. S. 546 ; 27 L. J., C. P. 


whatever way a lease may be determined, the tenant 
has no right to remove his fixtures after the landlord 
has entered (A), unless there is an express agreement 
that they shall be removed, in which case a reasonable 
time after the expiration of the lease will be allowed for 
their removal (/). A licence by the landlord to take 
away fixtures, if not under seal, will not be a valid 
grant of such privilege as against a new tenant in pos- 
session not a party to the licence (m). 

(3) Ownership under express Agreements. 

A tenant who has covenanted to yield up in repair 
at the expiration of the term the demised premises, 
and all buildings and improvements erected thereon 
during the term {n) ; or to keep and leave in repair 
all erections and improvements {o) made during the 
term, will be unable to remove any fixtures erected 
by him, even for purposes of trade {p). Under a co- 
venant by a tenant to deliver up the demised premises, 
together with all locks, &c., *' and other fixtures and 
articles in the nature of fixtures, which shall at any 
time during the said term be fixed or fastened to the 
said demised premises, or be thereto belonging," the 
tenant may remove fixtures of the description known 

{k) Pugh V. Arton, 38 L. J., See Ihtmergue v. Rumsey, 2 H. 

Ch. 619; L. R., 8 Eq. 626. & C. 777; 33 L, J,, Ex. 88; 

(J) See Stansfield v. Mayor of Wilson v. Whateley, 1 J. & H. 

Portsmouth, 4 C. B., N. S. 120; 430; Heap v. Barton, 12 C. B. 

27 L. J., C. P. 124; Sumner t. 274 ; 21 L. J., C. P. 153. 

JBromilow, 34 L. J., Q. B. 130. (o) Martyr v. Bradley, 9 Bing. 

(ot) Roffey v. Henderson, 17 24. 

Q. B. 574 ; 21 L. J., Q. B. 49. (^p) See Burt v. Haslett, 18 C. 

(n) Penry v. Brown, 2 Sterk. B. 1G2, 893; 25 L. J., C. P. 201, 

403 ; Nay lor v. Collinge, 1 Taunt. 295 ; Mansfield v. Blaciburne, G 

19; Foley v. Addenbrooke, 13 M. Bing. N. C. 420. 
& W. 174; 14 L. J., Ex. 169. 


as trade and tenant's fixtiu-es (r). The mere removal 
and sale by a tenant, during the term, of fixtures, which 
he does not immediately replace, but which can be re- 
placed before the end of the term, is not of itself a 
breach of his covenant to repair and uphold the demised 
premises, and to dehver up the same at the end of the 
term, together with all things affixed thereto («). 

Sect. II. — Emblements. 
(1) In what Cases they may he claimed. 

Tenants for life, at will(^), or for other uncertain 
interests not determinable on the death or cesser of the 
estate of a landlord entitled for his life or for any other 
uncertain interest (u), on the determination of the 
tenancy othenN'ise than by the tenant's own act (ar), are 
entitled to such crops theh growing upon the land as 
ordinarily repay the labour by which they are produced 
within the year in which that labour is bestowed (^). 
Grain crops (z), hemp, flax(#), teazles («), potatoes (6) 
and hops (c), may be claimed as emblements ; but per- 
manent or natural profits of the earth, such as fruit 
trees or grass (rf), do not come within that designation. 

(r) Bulwp V. Elliott, 11 Ex. (y) Graves v. Weld, 5 B. & 

113, 229; 24 L. J., Ex. 229. See Ad. 105. 

Sumner v. Bromilow, 34 L. J., (2) 1 Rol. Abr. 728 (A.) 22. 

Q. B. 130; Wilde v. Waters, 16 (a) Kingsbury t. Collins, 4 

C. B. 637 ; 24 L. J., C. P. 193. Bing. 202. 

(«) Doe V. Davis, 15 Jur. 155. (*) Judgment of Bayley, J., in 

(<) Co. Lit. 55 a. As to tenants Beans v. Itoberts, 5 B. & C, at 

from year to year, see 4 Bing. 207; p. 832. 

6 B. & Ad. 114. (c) Judgment in Graves v. 

(«) See /?o««, p. 299. Weld, 5 B. & Ad., at p. 119; 

(a?) Bulreer t. Bnlwer, 2 B. & Latham v. Atrcood, Cro. Car. 

A. 470, 471; Davis v. Eyton, 7 515. 

Bing. 154. (d) 2 Black. Coin. 123. 


A person entitled to emblements may enter upon 
the lands after the determination of his tenancy for the 
pm-pose of cutting and carrying away the crops (e). 

(2) Provision as to Tenants of Landlords entitled for 
uncertain Interests. 

Where the tenancy of any farm or lands {f) held by Stat. 14 & 15 . 

a tenant at rack-rent shall determine by the death or g j " ' * 

cesser of the estate of any landlord entitled for his life. Tenants at 

or for any other imcertain interest, instead of claims to landlord en- 

emblements, the tenant shall continue to occupy such titled for life 
' _ _ ^•' or other nn- 

farm or lands until the expiration of the then current certain estate 
p,. iini • 1 to be entitled, 

year oi his tenancy, and shall then quit, upon the terms instead of 

of his holding, in the same manner as if such tenancy ^hol™f^ 

were then determined by effluxion of time or other ti'^ ^^^ ^^ 

current year, 
lawful means during the continuance of his landlord's 

estate ; and the succeeding landlord shall be entitled to Succeeding 
recover (either by action or distress (/) ) and receive of recover propor- 
the tenant in the same manner as his predecessor or ^^^^ °^ ^®°'* 
such tenant's lessor could have done, if he had been 
living or had continued the lessor, a fair proportion of 
the rent for the period which may have elapsed from 
the day of the death or cesser of the estate of such pre- 
decessor or lessor to the time of the tenant so quitting, 
and the succeeding landlord and the tenant respectively Succeeding 
shall, as between themselves and as against each other, tenanTto hold 
be entitled to all the benefits and advantages, and "1^° terms of 

. . former 

be subject to the terms, conditions and restrictions, tenancy, 

to which the preceding landlord and such tenant re- 
spectively would have been entitled and subject in case 
the tenancy had determined in manner aforesaid at the 

(e) Kingsbury y. Collins, 4 (/) Haines t. Welch, 38 L. J., 

Bing. 202. See Hayling y. Okey, C. P. 118 ; L. R., 4 C. P. 91. 
8 Ex. 531, 545: 22 L. J., Ex. 139. 



No notice to expiration of such current year : Provided always, that 
to determine ^^ notice to quit shall be necessary or required by or 
holding. £j.Qjjj either party to determine any such holding 


Sect. III. — Away-going Crops. 

To induce tenants for fixed terms to sow their lands 
during the last year of tenancy it is frequently provided, 
by express stipulation or by the custom of the country (A), 
either that the outgoing tenant shall be permitted, after 
he has quitted the premises, to reap all or part of the 
crops he has sown, and to deposit them in the bams of 
the farm ; or that he shaU receive payment for the 
away-going crops from the incoming tenant or from the 

If there is any condition in the lease necessarily re- 
pugnant to or inconsistent with such a custom the custom 
is excluded (i) ; but if the lease contains no stipula- 
tions as to the mode of quitting, the off-going tenant is 
entitled to his away-going crop according to the custom 
of the country, although the terms of holding may be 
inconsistent with such a custom (i). 

Sect. IV. — Compensation for Tillages, 8fc. 

By express stipulation in the lease there is sometimes 
also given to a tenant a right, on quitting his farm, to 
remuneration for tillage and fallows which are not ex- 

(A) Wigglesworth v. BallUon, 
1 Smith's L. C. (6th cd.) 539. 
See Caldecott v. Smijthies, 7 C. 

& P. 808. 

(i) Judgment in Holding v. 
Pigott, 7 Bing., atp. 474. 


hausted at the time (/e). If no such stipulation is made, 
a right to remuneration may be conferred by the usage 
or general practice of the neighboiu-hood (1), which, if 
consistent with the agreement between the parties as to 
the mode of quitting, will be considered as engrafted 
upon the lease, and forming part of it, as fiilly as if it 
were expressly stated (m). 

The usage or practice is not to be treated as a custom 
strictly so called, and need not be immemorial (w). 

Prima facie the landlord is bound to pay the out- 
going tenant for tillages, and the incoming tenant does 
not render himself liable to do so by the mere fact of 
entering upon the land, unless a new contract has been 
entered into with him (o). Where there is a custom 
that the incoming tenant shall pay for the fallows, and 
shall be repaid upon his leaving the premises, there is 
an implied contract on the part of the landlord that if 
there be no incoming tenant the landlord will pay the 
outgoing tenant according to the custom (p). 

Sect. V. — Delivery of Possession. 

(1) Tenant'' s Obligation to give Possession. 

Upon a demise of a house or premises there is im- 
plied an undertaking by the tenant that he will deliver 

(Ji) See Whittaker y. Barker, N. P. 197; Caldecott v. Smy^ 

1 Cr. & M. 113; Newson v. aie«, 7 C. & P. 808. See If'eiJ 

Smythies, 3 H. & N. 840; 28 v. Plummer, 2 B. & A. 746; 

L. J., Ex. 97. See Brocklington Clarice v. Roy stone, 13 M. & W. 

V. Saunders, 13 W. R., Q. B. 752. 

46. (ra) Daliy v. Hirst, 1 B. & B, 

(I) Dalhy v. Hirst, 1 B. & B., 224. 

at pp. 228, 230. (o) Cbdd v. Brown, 15 L. T,, 

(to) Uutton V. Warren, 1 M. N. S. 636. See Sucksmitk t. 

& W. 466; Wigglesworth v. Dal- Milson, 4 F. & F. 1083. 

Ihon, 1 Smith's L. C. (6th ed.) ip) Faviell v. Oaskoin, 7 Ex. 

639 ; Senior v. Armytage, Holt, 273. 


up possession to the landlord at the expiration of the 
term (q). If the premises are then in the occupation 
of an imder-tenant, the landlord may refuse to accept 
the possession (r), and may recover from the original 
tenant rent for the period after the expiration of the 
term during which the under-tenant remains in posses- 
sion (s), and also the costs of an action of ejectment 
brought against such under-tenant in order to obtain 
• possession (t). Where premises are let to two persons 

for a term of years, and at the end of such term one of 
them holds over with the assent of the other, both will 
be liable for the time during which the one holds 
over (u). But one tenant cannot bind his co-tenant by 
holding over without his assent {x). 

(2) Landlord's Remedies for recovering Possession. 

(a) Indirect. 

Action for In case any tenant for any term of life or years (a 

double Talne. ■. ■, . .■,.■. /\\ i 

Stat AC 2 "'^^^^v tenant is not within the statute (y) ), or other 

c. 28, 8. 1. person who shall come into possession of any lands. 

Tenant hold- tenements or hereditaments under, or by collusion Avith, 
mg oyer after ^ j » 

determination such tenant, shall wiliully (not bona fide by mistake, or 
of tenancy and „. ,. /..i/win ii 

notice in under a lair claim oi right \z)) hold over any lands, 

by'landlord^^to tenements or hereditaments (the statute does not apply 

(y) Judgment of Cockbum, & W. 438 ; see 7 M, & W. 127 ; 

C. J., in Henderson v. Squire, 38 Tancred v. Christy, 12 M. & W. 

L. J., Q. B., at p. 75 ; L. R., 4 Q. 316. 

B., at p. 173; Harding v. Ore- (x) Drapery. Crofts, 15 M. & 

thome, 1 Esp. 57. W. 166 ; 15 L. J., Ex, 92. 

(r) Per Lord Kenyon, C. J., in (y) Lloyd v. Roshee, 2 Camp. 

Harding v. Crethorne, 1 Esp. 57. 453. 

(«) Ibbs V. Richardson, 9 A. (z) Wright r. Smith, 5 Esp. 

& E. 849. 203; judgment in Soulsby t. 

(t) Henderson v. Squire, 38 JVewn^, 9East, atp. 313; <5wm/<?» 

L. J., Q. B. 73; L. R., 4 Q. B. v. Bacon, 6 H. & N. 184 ; 30 L. 

170. J., Ex. 33; afl. 6 H. & N. 846; 

(w) Christy v. Tancred, 9 M. 30 L. J., Ex. 368. 



to the letting of a supply of steam-power («) ) after the pay double 
determination of such terra and after demand made and 
notice in writing given (either before (b) or after (c) the 
expiration of the tenancy. In the case of a tenant from 
year to year a valid notice to quit will suffice (d)) for 
delivering the possession thereof, by his landlord, or the 
person to whom the remainder or reversion of such 
lands, &c. shall belong, (or) his agent thereunto lawfully 
authorized, such person so holding over shall, during 
the time he shall so hold over, or keep the person 
entitled out of possession of the said lands, &c. as 
aforesaid, pay to the person so kept out of possession, 
(his) executors, administrators or assigns, at the rate of 

(o) Sobinson v. Learoyd, 7 M. 
& W. 48. 

(*) Cutting v. Derby, 2 W. Bl. 
1075 ; Messeiiger v. Armstrong^ 
1 T. R. 53. 

(c) Cobb V. Stokex, 8 East, 358. 
Bat the landlord must not have 
done any act in the meantime to 
recognize the person to whom the 
notice is given as continuing his 
tenant. Per Lord Ellenborongh, 
p. 361. 

{d) Hirst V. Horn, 6 M. & W. 
893. See Page v. More, 15 Q. B. 
684. The notice, when given be- 
fore the expiration of the tenancy, 
may be in the following form : — 
To Mr. C. D. 

I hereby demand of you that 
you deliver up possession of the 
house (lands) and premises, with 

the appurtenances, situate at , 

in the parish of , in the county 

of , on the day of 

next, being the day on which your 
term therein will determine. And 
I give you notice, that in case you 
hold over the said premises after 

the determination of such term, 
you will be required to pay at the 
rate of double the yearly value of 
the said premises for so long a 
time as the same shall be detained 
by you. 

Dated this day of ,18—. 

E. F. 

If given after the tenancy has 
expired, the notice may be in the 
following form: — 
To Mr. C. D. 

I hereby demand of yon that 
yon immediately deliver up pos- 
session of the house (lands) and 
premises, with the appurtenances, 

situate at , in the parish of 

, in the county of . And 

I give you notice, that in case you 
hold over the said premises after 
the service of this demand and 
notice, you will be required to pay 
at the rate of double the yearly 
value of the said premises for so 
long a time as the same shall be 
detained by you. 

Dated this day of , 18 — . 

E. F. 


double the yearly value of the lands, &c. so detained, 
for 80 long time as the same are detained (calculated 
from the determination of the tenancy, if the notice was 
given before such determination (e), or if the notice was 
given after such determination, then from the time of 
the giving of such notice (y* ) ), to be recovered (by the 
landlord or reversioner (^) ) in any of his Majesty's 
Courts of record (or in a County Court (h) ) ; against the 
recovering of which said penalty there shall be no relief 
in equity. 

The landlord cannot distrain for double value (i) ; 
and if he demands possession in the middle of a quarter 
or other term of payment, he cannot recover the rent 
for the antecedent fraction of such quarter or other 
term of payment (A). Acceptance of rent before an 
action is brought by the landlord for the double value 
may operate as a waiver of the landlord's claim to the 
double value, but if rent is accepted after such action 
has been brought, it becomes a question whether it has 
been received in part satisfaction of the double value, 
or as a waiver of it (Z). 

Action for In case any tenant (m) (having the power of deter- 

' mining his tenancy by notice (w) ) shall give notice 

c. 19, 8. 18. (either verbal (o) or written) of his intention to quit 

(e) Soulsby v. Neving, 9 East, borough, in liyall v. Rich, 10 

310. East, at p. 52. See Doe v. Batten, 

(/) Cohb T. Stokes, 8 East, 1 Cbwp. 243, 246. 

358. (m) See Sullivan t. BUhop, 2 

(ff) Blatchford v. Cole, 5 C. B., C. & P. 359, 

N. S. 514 ; 28 L. J., C. P. 140. (») Johmtone v. Hudlettone, 

(A) Wickham v. Lee, 12 Q. B. 4 B. & C. 922, 931. 

521 ; 18 L. J., Q. B. 21. (o) Timmins v. Romlison, 1 

(i) Judgment of Wilmot, J., in W. Bl. 533. It will be observed, 

Timmins v. Bowlison, 1 W. BL, that the landlord's notice for 

at p. 535. double value {ante, p. 303) must 

(k) Cobb y. Stokes, 8 'East, 35S. be in writing. Wilmot, J., ex- 

(Z) Judgment of Lord Ellen- plains that the reason of the dif- 


the premises by him holden, at a (fixed (/>)) time men- Tenant hold- 
tioned in such notice, and shall not accordingly deliver exmmtlon o/ 
up the possession thereof at the time in such notice npt'cetoqnit 

'^ ^ ^ _ _ given by him, 

contained, the said tenant, his executors or administra- to pay double 
tors, shall from thenceforward pay to the landlord double 
the rent or sum which he should otherwise have paid, 
to be levied (by distress (q) ), sued for and recovered 
at the same time a,nd in the same manner as the single 
rent before the gi\dng such notice could be le\aed, sued 
for or recovered; and such double rent shall continue 
to be paid during all the time such tenant shall con- 
tinue in possession as aforesaid. 

Double rent ceases to be payable on the tenant's 
quitting possession, and he may do this at any time 
without giving a new notice to quit (r). 

(b) Direct Remedies for recovering Possession. 
Where at the time of the expiration or determination Entry. 

of the tenancy there is no person in possession of the l- On aban- 

1 • T n 1 1 1 1 doned pre- 

premises, — the tenant having wholly abandoned them mises. 

without any intention of returning, — the landlord may 

enter and take possession (s). 

If the tenancy of a house is determined, and the 2. On locked- 

tenant and his family have gone away, and the house where^ ™o^ne 

is locked up — no one being in possession — the landlord ^? ^° posses- 
. . . . . . sion. 

is justified in breaking in and obtaining possession, 

although some articles of furniture may remain (^). 

ference is, that " landlords can (») Lacey v. Lear, Peake's 

usually write and tenants cannot." Add. Cas. 210. See Wildhor y. 

1 W. Bl. 535. Jtainforth, 8 B. & C. 4, 6. 

{p) Farrance y. Elkington, 2 (#) Hillary v. Oay, 6 C. & P, 

Camp. 691, 592. 284; Taunton v. Costar, 7 T. K. 

(y) See n. (o), ante, p. 304. 431 ; Turner v. Meymott, 1 Bing. 

(r) Booth V. MacfarlanCy 1 B. 158. 
& Ad. 904, 906. 

F. X 



8. Where 
tenant is in 

before justices. 

Stat. 1 & 2 
Vict. c. 74, 


If tenant at 
rent not ex- 
ceeding 201. 
a year upon 
expiration or 
of his in- 
terest refuses 
or neglects to 
deliver up 
landlord may 
serve him with 
notice of his 
intention to 
proceed under 
this act. 

Even where the tenant is in possession the landlord, 
after the expiration of the tenancy, may enter peaceably 
on the premises. He may also acquire lawful posses- 
sion by entering forcibly (t), and, after requesting the 
tenant to leave the premises, may, in case of his re- 
fusing or neglecting to do so, expel him, using, how- 
ever, only so much force as may be necessary for that 
purpose. In this case he will not be liable to an action 
of trespass, or to damages for the expulsion of the 
tenant (m), but he may subject himself to an indictment 
for a forcible entry (a:). 

When the term or interest of the tenant of any house, 
land or other corporeal hereditaments held by him at 
■will or for any term not exceeding seven years, either 
without being liable to the pajTnent of any rent, or at a 
rent not exceeding the rate of 20Z. a year, and upon 
which no fine shall have been reserved or made payable, 
shall have ended or shall have been duly determined by 
a legal notice to quit or otherwise, and such tenant, or, 
if such tenant do not actually occupy the premises, or 
only occupy a part thereof, any person by whom the 
same or any part thereof shall be then actually occupied, 
shall neglect or refiise to quit and deliver up possession 
of the premises or of such part thereof respectively, it 
shall be lawful for the landlord of the said premises, or 
his agent, to cause the person so neglecting or refiising 
to quit and deliver up possession, to be served, in the 
manner hereinafter mentioned, with a written notice in 

(t) Harvey v. Bridges, 14 M. 19 L. J., Q. B. 291, But see 
& W. 437, 442 ; 14 L. J., Ex. 272; Newton v. Harland, 1 M. Ss Gr. 

Pollen V. Brewer, 7 C. B., N. S. 

(m) Davison v. Wilson, 11 Q. 
B. 890; 17 L. J., Q. B. 196; 
Burling v. Bead, 11 Q. B. 904 ; 


(ar) See Archbold's Pleading 
and Evidence in Criminal Cases, 
p. 736 (15th ed.). 


the form set forth in the schedule to this act (y), signed 

by the said landlord or his agent, of his intention to 

proceed to recover possession under the authonty and 

according to the mode prescribed in this act ; and if the if tenant does 

tenant or occupier shall not thereupon appear at the before^ttices 

time and place appointed, and show to the satisfaction ^^^ show cause 
^ _ "^ ^ ^ ^ why possession 

of the justices hereinafter mentioned reasonable cause should not be 

why possession should not be given under the provisions on proof by 

of this act, and shall still neglect or refuse to deliver up J.ertt'h[^acts 

possession of the premises, or of such part thereof of justices may 
,.,,., , . , • 1 1 n a ^^^"^ warrant 

which he is then in possession, to the said landlord or directing con- 

his agent, it shall be lawful for such landlord or agent pos^^ion o'f ^ 

to give to such justices proof of the holding and of the premises to 

end or other determination of the tenancy, Avith the time 

or manner thereof, and where the title of the landlord 

has accrued since the letting of the premises, the right 

by which he claims the possession, and upon proof of 

service of the notice, and of the neglect or refusal of 

(y) Form of Notice. this notice, I, , shall on 

I, [owner, or agent to , next, the day of , at 

the owner, as the case may Je], of the clock on the same 

do hereby give you notice, that day, at , apply to her Ma- 

nnless peaceable possession of the jesty's justices of the peace acting 

tenement [sitortly describing if] for the district of Ibeing the 

sitnate , which was held of district, division or place in 

me, or of the said [a« the which the said tenement, or any 

case may be], under a tenancy part thereof, is situate'}, in petty 

from year to year, or [fl« the case sessions assembled, to issue their 

may be], which expired [or was warrant directing the constables 

determined] by notice to quit of the said district to enter and 

from the said , or otherwise take possession of the said tene- 

[a« the case may be], on the ment and to eject any person 

day of , and which tenement therefrom, 

is now held over and detained Dated this 

from the said , be given to (Signed) , 

[the owner or agent], on [owner or agent], 

or before the expiration of seven To Mr. 
clear days from the service of 



the tenant or occupier, as the case may be (where the 
tenancy and its determination and the tenant's refusal 
to quit are proved, the jurisdiction of the justices is not 
ousted by the tenant's setting up the title of a third 
person {z)), it shall be lawful for the justices acting for 
the district, division or place within which the said 
premises, or any part thereof, shall be situate, in petty 
sessions assembled, or any two of them, to issue a 
warrant under their hands and seals to the constables 
and peace officers of the district, division or place within 
which the said premises or any part thereof shall be 
situate, commanding them, within a period to be therein 
named, not less than twenty-one nor more than thirty 
clear days from the date of such warrant, to enter, by 
force if needful, into the premises, and give possession 
of the same to such landlord or agent. Entry upon any 
such warrant shall not be made on a Simday, Good 
Friday or Christmas Day, or at any time except be- 
tween the hours of nine in the morning and four in the 
afternoon. Nothing herein contained shall be deemed 
to protect any person on whose application and to 
whom any such warrant shall be granted from any 
action which may be brought against him by any such 
tenant or occupier, for or in respect of such entry and 
taking possession, where such person had not at the 
time of granting the same lawful right to the possession 
of the same premises. Nothing herein contained shall 
affect any rights to which any person may be entitled 
as outgoing tenant by the custom of the country or 
otherwise. . 
Sect. 2. Notice of application intended to be made under this 

^*^ t^ °^tobe ^^* ^^y ^ served either personally or by leaving the 

(«) Beet V. Bavies, 4 C. B., N. S. 66. 


same with some person being in and apparently residing served either 
at the place of abode of the persons so holding over as by'readingk 

aforesaid, and the person servin": the same shall read P'^er and leav- 

^ *=• , ing It with 

over the same to the person served or with whom the some person at 

same shall be left as aforesaid, and explain the purport house ; or, if 

and intent thereof. If the person so holding over can- done*^ bT^s't! 

not be found, and the place of abode of such person shall ^^s it np on a 

. . conspicuous 

either not be known, or admission thereto cannot be part of the 

obtained for serving such summons, the posting up of P""®™'^^* 
the summons on some conspicuous part of the premises 
so held over shall be deemed to be good service upon 
such person. 

In every case in which the person to whom any such Sect. 3. 
warrant shall be gi'anted had not, at the time of grant- 
ing the same, lawful right to the possession of the pre- 
mises, the obtaining of any such warrant as aforesaid 
shall be deemed a trespass by him against the tenant or 
occupier of the premises, although no entry shall be 
made by virtue of the warrant ; and in case any such Execution of 
tenant or occupier will become bound with two sureties, ^ved on^iwnd 
to be approved of by the said justices (in a bond to be gi^^n by tenant 

made to the said landlord or his agent, at the costs of prosecute ac- 

T/»T>T ti°° ^^ trespass 
such landlord or agent, and approved oi and signed against land- 
by the justices (sect. 4)) in such sum as to them shall ^"^ 
seem reasonable, regard being had to the value of the 
premises and to the probable costs of an action, to sue 
the person to whom such warrant was granted with 
effect and without delay, and to pay all the costs of the 
proceeding in such action in case a verdict shall pass 
for the defendant, or the plaintiff shall discontinue or 
not prosecute his action, or become nonsuit therein, 
execution of the warrant shall be delayed until judgment 
shall have been given in such action of trespass ; and if 
upon the trial of such action of trespass a verdict shall 
pass for the plaintiff, such verdict and judgment there- 


upon shall supersede the warrant so granted; and the 

plaintiff shall be entitled to (such full and reasonable 

indemnity as to all costs, charges and expenses as shall 

be taxed by the proper officer in that behalf (stat. 5 & 6 

Vict. 0. 97, s. 2) ). 

In case of de- If any tenant holding any lands, tenements, or here- 

c. X ,, i-. o ditaments at a rack-rent, or where the rent reserved 
Stat. 11 Geo. 2, ' 

c. 19, 8. 16. shall be full three-fourths of the yearly value of the 
If tenant, demised premises, who shall be in arrear for one (half- 
year's rent, de- year's (a)) rent, shall desert the demised premises (i), 
premises, so and leave the same uncultivated or unoccupied, so as 
cient^lstress ^^ sufficient distress can be had to countervail the 

can be found, arrears of rent, it shall be lawful for two or more ius- 

landlord may ^ ..... 

request two tices of the peace of the county, riding, division or place, 

justices to come , . • ^ , • ^i n • i • i 

and view the having no interest in trie demised premises, at the re- 

"'™®* quest (the request or complaint need not be on oath (c) ) 

of the landlord or his bailiff to go upon and view the 

And to affix on same, and to affix or cause to be affixed on the most 

ortim^ a°° ^^^ notorious part of the premises notice in writing what 

which they^will ^^y, at the distance of fourteen (clear (d) ) days at least, 

view. they will return to take a second view thereof; and if 

If tenant at upon such second view the tenant, or some person on 

such second ^ ' r 

Tiew do not ap- his behalf, shall not appear and pay the rent in arrear, 

pear and pay , in i ^^ • t 

rent and there or tliere shall not be sumcient distress upon the pre- 

disto*e8s ins-°' ™ises, then the said justices may put the landlord into 

tices to put the possession of the said demised premises, and the 
landlord in '^ '■ ^ ^ 

possession and lease thereof to such tenant as to any demise therein 
thenceforth Contained only, shall from thenceforth become void, 
void. j^jj appeal may be made from the decision of the jus- 

tices to the judge of assize (sect. 17). 
By proceedings ^Vlien the term and interest of the tenant of any cor- 

(a) Stat. 57 Geo. 3, c. 52. (c) Batten t. Careic, 3 B. & 

(ft) See Ex parte Pilton, 1 B. C. 649. 
& A, 369. (rf) Creaky. Justices of Brigh- 

ton, 1 F. & F. 110. 


poreal hereditament, where neither the value of the pre- in the County 

raises nor the rent payable in respect thereof shall have „°° 

, , , . , Stat. 19 & 20 

exceeded 50/. by the year, and upon which no fine shall Vict. c. 108, 

have been paid, shall have expired, or shall have been ' " 

^ , ^ Where neither 

determined either by the landlord or the tenant by a rent nor value 

legal notice to quit, and such tenant, or any person exceeds 501. 

holding under him, shall neglect or refuse to dehver up ^ ^^^' *?^ 

possession accordingly, the landlord may enter a plaint expired or been 
,. . .,. ., determined by 

at his option either against such tenant or against such notice to quit, 

person so neglecting or refusing, in the County Court of refuses to quit, 

the district in which the premises lie for the recovery of l^'^'llord may 

^ ^ •' enter plamt m 

the same, and thereupon a summons shall issue to such County Court. 

tenant or such person so neglecting or refusing ; and if Thereupon 
^ o o o ' summons to 

the defendant shall not, at the time named in the sum- issue and on 

proof by land- 
mons, show good cause to the contrary, then, on proof lord of certain 

of his still neglecting or refiising to deliver up possession j^*^ order^pos- 

of the premises, and of the yearly value and rent of the session of pre- 

_ ^ . . . miscs to be 

premises, and of the holding, and of the expiration or given to land- 
other determination of the tenancy, with the time and 
manner thereof, and of the title of the plaintiff if such 
title has accrued since the letting of the premises, and 
of the service of the summons if the defendant shall not 
appear thereto, the judge may order that possession of 
the premises mentioned in the plaint be given by the 
defendant to the plaintiff, either forthwith, or on or be- 
fore such day as the judge shall think fit to name ; and 
if such order be not obeyed, the registrar, Avhether 
such order can be proved to have been served or not, 
shall, at the instance of the plaintiff, issue a warrant 
authorizing and requiring the high bailiff of the court 
to give possession of such premises to the plaintiff. 

When the rent of any corporeal hereditament, Sect. 52. 

where neither the value of the premises, nor the rent Where neither 

*■ rent nor value 

payable in respect thereof exceeds 507. by the year, of premises 


exceeds 50/. a shall for one half-year be in arrear, and the landlord 
fs in'arrear for shall have right by law to re-enter for the non-pa^Tnent 
and landfo^r"' thereof, he may, without any formal demand or re- 
has right to re- entry, enter a plaint in the County Court of the dis- 
enter for non- ."'. ,.,, . -,• f i n ^ 

payment of tnct m which the premises lie for the recovery ot the 

without formal premises, and thereupon a summons shall issue to the 

demand or re- tenant, the service whereof shall stand in lieu of a 

entry, enter ' 

plaint in demand and re-entry ; and if the tenant shall, five clear 

rp, days before the retum-d.ay of such summons, pay into 
summons to Court all the rent in arrear and the costs, the said 
tenant, within action shall cease ; but if he shall not make such pay- 
rent an^d coste ment, and shall not at the time named in the summons 
action to cease, g^ow good cause why the premises should not be re- 
If he does not, Covered, then on proof of the yearly value and rent of 
cer^xTfacts ^^^ premises, and of the fact that one half-year's rent 

judge may ^j^g ^ arrear before the plaint was entered, and that 
order posses- ^ ' 

sion to be given no sufficient distress was then to be found on the 
to landlord. . mi t r» i i t 

premises to countervail such arrear, and ot the land- 
lord's power to re-enter, and of the rent being still in 
arrear, and of the title of the plaintiff if such title has 
accrued since the letting of the premises, and of the ser- 
vice of the summons if the defendant shall not appear 
thereto, the judge may order that possession of the pre- 
mises mentioned in the plaint be given by the defendant 
to the plaintiff on or before such day, not being less than 
four weeks from the day of hearing, as the judge shall 
Unless tenant think fit to name, unless within that period all the rent 
and coste.'^^'^ ^^ arrear and the costs be paid into Court ; and if such 
order be not obeyed, and such rent and costs be not so 
paid, the registrar shall, whether such order can be 
proved to have been served or not, at the instance of 
the plaintiff, issue a warrant requiring the high bailiff 
of the Court to give possession of such premises to the 
plaintiff, and the plaintiff shall from the time of the 


execution of such warrant hold the premises discharged 

of the tenancy, and the defendant, and all persons 

claiming by, through or under him, shall, so long as 

the order of the Court remains unreversed, be barred 

from all relief in equity or otherwise. 

Where the term or interest of any tenant holding gtat. 15 & 16 

under a lease or agreement in writing any lands, tene- g 213*^ ^^' 

ments or hereditaments for any term of years certain, where interest 

or from year to year, shall have expired or been deter- term"T*- r 

mined either by the landlord or tenant by regular notice o"" ^''o'" y^^ 

to quit, and such tenant or any one holdmg or claiming expired or been 
ji.-in/.,-iT . T determined by 

under mm shall remse to deliver up possession accord- notice to quit, 

ingly after lawful demand in wiiting niade and signed f °^ ^.^ '"^^"^ea 

CO Quit oXCGlT 

by the landlord or his agent, and served personally demand in 
upon or left at the dweUing-house or usual place of by landlord 
abode of such tenant or person, and the landlord shall ^n^enant 
thereupon proceed by action of ejectment for the re- landlord, pro- 
covery of possession, it shall be lawful for him, at the action of 
foot of the writ in ejectment, to address a notice to addre^notke^ 
such tenant or person requiring him to find such bail, ^ tenant at 
if ordered by the Court or a judge, and for such purposes ejectment re- 
as are hereinafter next specified ; and upon the ap- find bail, 
pearance of the party or an affidavit of service of the 
writ and notice, it shall be lawful for the landlord pro- 
ducing the lease or agreement, or some counterpart or 
duplicate thereof, and proving the execution of the 
same by affidavit, and upon affidavit that the premises 
have been actually enjoyed under such lease or agree- 
ment, and that the interest of the tenant has expired, 
or been determined by regular notice to quit, as the case 
may be, and that possession has been lawfully demanded 
in manner aforesaid, to move the Court, or apply by On proof of 
summons to a judge at chambers, for a rule or summons fandlOTd m^y 

for such tenant or person to show cause, within a time ^^^'^^ •""•^ or 
* sammons for 


fenant to give to be fixed by the Court or judge on a consideration of 

the situation of the premises, why such tenant or person 

should not enter into a recognizance by himself and 

two sufficient sureties in a reasonable sum, conditioned 

to pay the costs and damages, which shall be recovered 

by the claimants in the action ; and it shall be lawful 

for the Court or judge upon cause shown, or upon 

affidavit of the service of the rule or summons in case 

Such rule may no Cause shall be shown, to make the same absolute in 

lute. the whole or in part, and to order such tenant or 

person, within a time to be fixed, upon a consideration 

of all the circumstances, to find such bail, with such 

conditions and in such manner as shall be specified in 

the said rule or summons, or such part of the same so 

On neglect or made absolute ; and in case the party shall neglect or 

tena^, j'ndg- refuse SO to do, and shall lay no ground to induce the 

ment may be Court or iudf?e to enlarge the time for obeyiner the 

signed for jo o . .^ & ^ 

landlord. same, then the lessor or landlord filing an affidavit 

that such rule or order has been made and served and 
not complied with, shall be at liberty to sign judgment 
for recovery of possession and costs of suit. 

Sect. 214. Wherever it shall appear on the trial of any eject- 

Xlpon tnal of meht, at the suit of a landlord against a tenant, that 

ejectment be- ^ '^ 

tween landlord such tenant or his attorney has been served with due 

jury to find notice of trial, the judge before whom such cause shall 

me^neVTOfits come on to be tried shall, whether the defendant shall 

to time of ver- appear upon such trial or not, permit the claimant on 
diet, or other ^^ ^ /. /. i • • i 

specified day. the trial, after proof of his right, to recover possession 
of the whole or of any part of the premises mentioned 
in the writ in ejectment, to go into evidence of the 
mesne profits thereof which shall or might have accrued 
from the day of the expiration or determination of the 
tenant's interest in the same down to the time of the 
verdict given in the cause, or to some preceding day to 


be specially mentioned therein, and the jury on the trial 
finding for the claimant, shall in such case give their 
verdict upon the whole matter, both as to the recovery 
of the whole or any part of the premises, and also as to 
the amount of the damages to be paid for such mesne 
profits ; and in such case the landlord shall have judg- 
ment within the time hereinbefore provided, not only 
for the recovery of possession and costs, but also for the 
mesne profits found by the jury. 

Nothing herein contained shall be construed to pre- Sect, 218. 

iudice or affect any other right of action or remedy I^andlordsto 
*" _ . retain all pre- 

which landlords may possess in any of the cases herein- vious remedies, 
before provided for, otherwise than hereinbefore ex- 
pressly enacted. 

Every tenant to whom any writ in ejectment shall Sect. 209. 
be delivered, or to whose knowledge it shall come, shall '^^"^^^ 7^°.. 

^ ' knows of writ 

forthwith give notice thereof to his landlord, or his in ejectment, 
bailiff or receiver, under penalty of forfeiting the value thereof to land- 
of three years' improved or rack-rent of the premises (e) ^^ ' 
demised or holden in the possession of such tenant, to 
the person of Avhom he holds, to be recovered by action 
in any Court of common law having jurisdiction for 
the amount. 

AU actions of ejectment where neither the value of Stat. 30 & 31 
the lands, tenements or hereditaments, nor the rent g i^i^ ^' ' 
payable in respect thereof, shall exceed the sum of 20/. Actions of 
by the year, may be brought in the County Court of wher™value of 
the district in which the lands, tenements or heredita- '*°^^' *^/^^l^ 

' not exceed 201. 

ments are situate. a year, may be 

brought in 

(0 Crocker t. Fothergill, 2 B. & A. 652. ^°°*^ ^"^' 



I. Short Statutory Form. 

Whenever any party to any deed, made according to the stat. 8 & 9 

forms set forth in the first schedule to this act, or to any ^IP** ^- •^^*» 

other deed which shall be expressed to be made in pursuance -^Z , 

^ ^ Where words 

of this act, shall employ in such deed respectively any of the contained in 

forms of words contained in column 1 of the second schedule ^,01"""° 1 of 

the second 
hereto annexed, and distinguished by any number therein, schedule are 

such deed shall be taken to have the same effect, and be con- employed, the 

(160(1 IS to D&V6 

strued, as if such party had inserted in such deed the form of the same eflFect 
words contained in column 2 of the same schedule, and dis- ^ i^ t^^e words 
languished by the same number as is annexed to the form of column 2 had 
words employed by such party ; but it shall not be necessary been used, 
in any such deed to insert any such number. 

Every such deed, unless any exception be specially made Sect. 2. 
therein, shall be held and construed to include all outhouses, Deed to in- 
buildings, barns, stables, yards, gardens, cellars, ancient and houses" annur- 
other lights, paths, passages, ways, waters, watercourses, tenances, &c. 
liberties, privileges, easements, profits, commodities, emolu- 
ments, hereditaments and appurtenances whatsoever to the 
lands and tenements therein comprised belonging or in any- 
wise appertaining. 

In taxing any bill for preparing and executing any deed Sect. 3. 

under this act, the taxing officer is hereby required, in esti- Remuneration 
, , , n , • to be accord- 

mating the proper sum to be charged lor such transaction, to ing to skill, 

consider not the length of such deed, but only the skill and labour and 
labour employed, and responsibility incurred in the prepara- and not ac- 
tion thereof. cording to 

length of deed. 



Sect. 4. 

Deed not 

taking effect 
by this act to 
be as valid as 
if act bad not 
been made. 
Sect. 5. 
of words. 

Sect. 6. 
Schedules to 
part of act. 

Sect. 7. 
Sect. 8. 

Any deed or part of a deed, which shall fail to take effect 
by virtue of this act, shall nevertheless be as valid and 
effectual, and shall bind the parties thereto, so far as the 
rules of law and -equity will permit, as if this act had not 
been made. 

In the construction and for the purposes of this act and 
the schedules hereto annexed, unless there be something in 
the subject or context repugnant to ' such construction, the 
word "lands" shall extend to all tenements and heredita- 
ments of freehold tenure, and to such customary lands as 
will pass by deed, or deed and surrender, and not by sur- 
render alone, or any undivided part or share therein respec- 
tively ; and every word importing the singular number only, 
shall extend and be applied to several persons or things, as 
well as one person or thing, and the converse ; and every 
word importing the masculine gender only, shall extend and 
be applied to a female as well as a male ; and the word 
" party" shall mean and include any body politic or corpo- 
rate, or collegiate, as well as an individual. 

The schedules, and the directions and forms therein con- 
tained, shall be deemed and taken to be parts of this act. 

This act shall commence and take effect from and after 
the first day of October (1845). 

This act shall not extend to Scotland. 

Schedules to which this Act refers. 

The First Schedule. 

This indenture, made the day of , one thousand 

eight hundred and forty [or other year'], in pursuance 

of an Act to facilitate the granting of certain leases. Between 
[Aere insert the names of the parties, and recitals, if any]'. 
Witnesseth, that the said [lessor] or [lessors'] doth, or do 
demise unto the said [lessee] or [lessees], his [or their] 
executors, administrators and assigns. All, «&c. [parcels]. 
From the day of for the terra of thence 

ensuing : Yielding therefor during the said term the rent of 
[state the rent and mode of payment, and insert the cove- 


nants in the form contained in column 1 of the Second 

In witness whereof the said parties hereto have hereunto 
set their hands and seals. 

The Second Sciiedcle. 

Directions as to the forms in this Schedule. 

1. Parties who use any of the forms in the first column of 
this Schedule, may substitute for the words "lessee" or 
" lessor," any name or names ; and in every such case cor- 
responding substitutions shall be taken to be made in the 
corresponding forms in the second column. 

2. Such parties may substitute the feminine gender for the 
masculine, or the plural number for the singular, in the forms 
in the first column of this Schedule ; and corresponding 

•changes shall be taken to be made in the con-esponding 
forms in the second column. 

3. Such parties may fill up the blank spaces left in the 
forms 4 and 5 in the first column of this Schedule so em- 
ployed by them, with any words or figures, and the words or 
figures so introduced shall be taken to be inserted in the cor- 
responding blank spaces left in the forms embodied. 

4. Such parties may introduce into or annex to any of the 
forms in the first column any express exceptions from, or 
express qualifications thereof respectively ; and the like ex- 
ceptions or qualifications shall be taken to be made from or 
in the corresponding forms in the second column. 

5. Where the premises demised shall be of freehold tenure, 
the covenants 1 to 10 shall be taken to be made with, and the 
proviso 11 to apply to, the heirs and assigns of the lessor, 
and where the premises demised shall be of leasehold tenure, 
the covenants and proviso shall be taken to be made with 
and apply to the lessor, his executors, administrators and 



Column I. 

1. That the said 
[^lessee'] covenants 
with the said [^les- 
$or'\ to pay rent. 

2. And to pay 
taxes ; 

3. And to re- 

Column 2. 

1. And the said \_lessee'\ doth hereby 
for himself, his heirs, executors, ad- 
ministrators and assigns, covenant with 
the said [lessor^, that he the said [/e«*cc], 
his executors, administrators and as- 
signs, will during the said teiTa pay 
unto the said [lessor] the rent hereby 
reserved, in manner herefnbefore men- 
tioned, without any deduction whatso- 

2. And also will pay all taxes, rates, 
duties and assessments whatsoever, 
whether parochial, parliamentary, or 
otherwise, now charged or hereafter to 
be charged upon the said demised pre-- 
mises, or upon the said [lessor], on ac- 
count thereof (excepting land tax, and 
excepting, in Ireland, tithe rent-charge, 
and such portion of the poor rate as 
the [lessor] is or may be liable to pay; 
and excepting also all taxes, rates, 
duties and assessments whatsoever, or 
any portion thereof, which the [lessee] 
is or may be by law exempted from). 

3. And also will, during the said 
term, well and sufficiently repair, main- 
tain, pave, empty, cleanse, amend, and 
keep the said demised premises, with 
the appurtenances, in good and substan- 
tial repair, together with all chimney- 
pieces,windows, doors, fastenings, water- 
closets, cisterns, partitions, fixed presses, 
shelves, pipes, pumps, pails, rails, locks 
and keys, and all other fixtures and 
things, which at any time during the 
said term shall be erected and made, 
when, where, and so often as need 
shall be. 



Column \. 

4. And to paint 
outside every 
year j 

5. And to paint 
and paper inside 
every year ; 

6. And to in- 
sure from fire in 
the joint names of 
the said [lcssor'\ 
and the said \les- 
see] ; 

to show receipts ; 

and to rebuild in 
case of fire. 


Column 2, 

4. And also that the said [^Icssce^, 
his executors, administrators and as- 
signs, will in every year in the 
said term, paint all the outside wood- 
work and ironwork belonging to the 
said premises, with two coats of proper 
oil colours, iu a workmanlike manner. 

5. And also that the said [^lessee'], his 
executors, administrators and assigns, 
will in every year paint the inside 
wood, iron and other works now or 
usually painted, with two coats of 
proper oil colours, in a workmanlike 
manner ; and also re-paper with paper 
of a quality as at present, such parts of 
the premises as are now papered ; and 
also wash, stop, whiten or colour such 
parts of the said premises as are now 

6. And also that the said [^lessee^, 
his executors, administi'ators and as- 
signs, will forthwith insure the said 
premises hereby demised to the full 
value thereof in some respectable in- 
surance ofiice, in the joint names of the 
said l^lessor^, his executors, adminis- 
trators and assigns, and the said [^lessee^, 
liis executors, administrators or assigns, 
and keep the same so insiired during the 
said term ; and will, upon the request 
of the said [Zc«5or], or his agent, show 
the receipt for the last premium paid 
for such insurance for every cmTent 
year ; and as often as the said premises 
hereby demised shall be burnt down or 
damaged by fire, all and every the sums 
or sum of money which shall be re- 
covered or received by the said [lessee^i 



Column 1. 

7. And that the 
said [lessor"] may 
enter and view 
state of repair, and 
that the said [les- 
see'] will repair ac- 
cording to notice. 

8. That the said 
[lessee] will not 
use premises as a 

9. And will not 
assign without 

Column 2. 

his executors, administrators or assigns, 
for or in respect of such insurance, 
shall be laid out and expended by him 
in building or repairing the said de- 
mised premises, or such parts thereof 
as shall be burnt down or damaged by 
fire as aforesaid. 

7. And it is hereby agreed, that it 
shall be lawful for the said [lessor], 
and his agents, at all seasonable times 
during the said term, to enter the said 
demised premises to take a schedule of 
the fixtures and things made and erected 
thereupon, and to examine the condition 
of the said premises ; and further, that 
all wants of reparation, which upon 
such views shall be found, and for the 
amendment of which notice in writing 
shall be left at the premises, the said 
[lessee], his executors, administrators 
and assigns, will, within three calendar 
months next after every such notice, 
well and sufficiently repair and make 
good accordingly. 

8. And also that the said [lessee], 
his executors, administrators and as- 
signs, will not convert, use or occupy 
the said premises or any part thereof, 
into or as a shop, warehouse or other place 
for carrying on any trade or business 
whatsoever, or suffer the said premises 
to be used for any such purpose, or 
otherwise than as a private dwelling- 
house, without the consent in writing 
of the said [lessor]. 

9. And also that the said [lessee] 
shall not nor will during the said term 
assign, transfer or set over, or other- 



Column 1. 

10. And that he 
w ill leave premises 
in good repair. 

11. Proviso for 
re-entry by the 
said [lessor'\, on 
non-payment of 
rent or non- per- 
formance of cove- 

Column 2. 

wise by any act or deed procure the 
said premises, or any of them, to be as- 
signed, transferred or set over, unto any 
person or persons whomsoever, without 
the consent in writing of the said [les- 
sor'\, his executors, administrators or 
assigns, first had and obtained. 

10. And further, that the said [lessee] 
will, at the expiration or other sooner 
determination of the said term, peace- 
ably surrender and yield up unto the 
said [lessor] the said premises hereby 
demised, with the appurtenances, to- 
gether with all buildings, erections and 
fixtures now or hereafter to be built or 
erected thereon, in good and substantial 
repair and condition in all respects, rea- 
sonable wear and tear, and damage by 
fire, only excepted. 

11. Provided always, and it is ex- 
pressly agreed, that if the rent hereby 
reserved, or any part thereof, shall be 
unpaid for fifteen days after any of the 
days on which the same ought to have 
been paid (although no formal demand 
shall have been made thereof), or in 
case of the breach or non-performance 
of any of the covenants and agreements 
herein contained on the part of the said 
[lessee], his executors, administrators 
and assigns, then and in either of such 
cases it shall be lawful for the said 
[lessor], at any time thereafter, into 
and upon the said demised premises, or 
any part thereof, in the name of the 
whole to re-enter, and the same to have 
again, re-possess and enjoy as of his or 
their former estate, anything herein- 




Column 1. 

12. Tho said 
[^lessor"] covenants 
with the said \^les- 
sce"] for quiet en- 

Column 2. 

after contained to the contrary notwith- 

12. And the [^lessor'] doth hereby, 
for himself, his heirs, executors, admi- 
nistrators and assigns, covenant with 
the said [^lessee'}, his executors, admi- 
nistrators and assigns, that he and they 
paying the rent hereby reserved, and 
performing the covenants hereinbefore 
on his and their part contained, shall 
and may peaceably possess and enjoy 
the said demised premises for the term 
hereby granted, without any interrup- 
tion or disturbance from the said [^les- 
sor^, his executors, administrators or 
assigns, or any other person or persons 
lawfully claiming by, from or under him, 
them or any of them. 

II. Lease in the Statutory Form (a). 

This Indenture, made tho day of , one thousand 

eight hundi'ed and seventy , in pursuance of an Act 

to facilitate the gi-anting of certain leases. Between E. F. 
of [builder], of the one part, and C. D. of [mer- 

chant's clerk] of the other part ; Witnesseth that the said 
E. F. Doth demise unto the said C. D., his executors, ad- 
ministrators and assigns, All that dwelling-house [known 
as No. 3, Albert Street, Liverpool, in the county of Lan- 
caster], With all the easements aud appurtenances to the 
said dwelling-house belonging or therewith held or enjoyed. 
From the day of 18 (6), for the term of [two] 

(a) Suitable for small houses, 
•where a very short deed is required. 
The obvious disadvantage of the 
abbreviated covenants is, that the 

lessee, unless he refers to the Act, 
cannot ascertain the extent or na- 
ture of his obligations. 
(J) Sec ante, p. 79. 


years thence ensuing [or on a tenancy from year to year 
or from quarter to quarter], Yielding therefor during the 
said term \or tenancy] the rent of £ by equal [quarterly] 
payments on the 25th March, 24th June, 29th September 
and 25th December in each year, the first of such pay- 
ments to be made on the day of ,18 . And Covenants by 
THAT the said C. D. covenants with the said E. F. to pay *-^^^^' 
rent ; and to pay taxes ; and to repair ; and that the said 
E. F. may enter and view state of repair, and that the said 
C. D. will repair according to notice ; that the said C. D. 
wiU not use premises as a shop ; and will not assign without 
leave ; and that he will leave premises in good repair. The Covenant by 
said E. F. covenants with the said C. D. for quiet enjoy- ^®^^°'^- 

In witness whereof the said parties hereto have hereunto 
set their hands and seals (c). 

m. Lease of a House (d). 

This Indentube, made the day of 18 , Be- 

tween E. F. of , , of the one part, and C. D. 

of , , of the other part, Witnesseth that the 

said E. F. Doth demise unto the said C. D., his executors, 
administrators and assigns, All [^insert description of par- 
cels (e)], With all the easements and appurtenances to the 
said messuage belonging or therewith held or enjoyed (f). 
To have and to hold the said messuage and premises 
hereby demised, with the appurtenances, Unto the said 
C. D., his executors, administrators and assigns, from the 
day of ,18 {g), for the term of years 

thence ensuing (k) : Yielding therefor during the said term 
the yeai'ly rent of £ by equal [half-yearly] payments on 
the day of and the day of in each 

(c) As to the execution of leases (e) See ante, p. 74. 

by deed, see ante, p. 102. (/) Insert here the exceptions, 

(rf) This form, and the next, if any. 
are adapted from that given in (//) See ante, p. 79. 

Stat. 8 & 9 Vict. c. 124. (A) Or "from year to year." 



Clovenants by 

To pay rent. 

To pay taxes. 

To repair. 

To paint exter- 
nal wood-work, 

To paint inside 
wood-work, &c. 

To insure. 

year, the first of such payments to bo made on the day 

of 18 . And the said C. D. doth hereby for himself, 

his heirs, executors, administrators and assigns, covenant 
with the said E. F., his heirs (i) and assigns, that he the 
said C. D., his executors, administrators and assigns, will 
during the said term pay unto the said E. F., his heirs or 
assigns, the rent hereby reserved in manner hereinbefore 
mentioned, without any deduction whatsoever. And also 
will pay all taxes, rates, duties and assessments whatsoever, 
whether parochial, parliamentary or otherwise, now charged 
or hereafter to be charged upon the said demised premises 
or upon the said E. F., his heirs or assigns, on account 
thereof [excepting land tax and property tax (^)]. And 
ALSO will during this demise well and sufficiently repair, 
maintain, pave, empty, cleanse, amend and keep the said de- 
mised premises, with the appurtenances, in good and substan- 
tial repair, together with all chimney-pieces, windows, doors, 
fastenings, water-closets, cisterns, partitions, fixed presses, 
shelves, pipes, pumps, pales, rails, locks and keys, and all other 
fixtures and things which at any time during the said term 
shall be erected and made, when, where and so often as need 
shall be (damage by fire excepted). And also will in every 
year in the said term paint all the outside wood-work 
and iron-work belonging to the said premises with two coats 
of proper oil colours in a workmanlike manner. And also 
will in every year paint the inside wood, iron and 

other works now or usually painted with two coats of proper 
oil colours in a workmanlike manner ; and also re-paper with 
paper of a quality as at present such parts of the premises as 
are now papered ; and also wash, stop, whiten or colour such 
parts of the said premises as are now plastered. And also 
will forthwith insure the said premises hereby demised to 
the full value thereof in some respectable insurance office, in 
the joint names of the said E. F., his heirs or assigns, and 
of the said C. D., his executors, administrators or assigns, 
and keep the same so insured during the said term ; and 
will, upon the request of the said E. F., or his heirs or 

(i) In an underlease snbstitnte 
for "heirs" throughout the deed 

executors, administrators." 
(*) See ante, p. 223. 


assigns, or of his or their agent, show the receipt for the 
last premium paid for such insurance for every current 
year ; and as often as the said premises hereby demised 
shall be burnt down or damaged by fire, all and every 
the sums or sum of money which shall be recovered or 
received by the said C. D., his executors, administrators 
or assigns, for or in respect of such insurance shall be 
laid out and expended in building or repairing the said 
demised premises or such parts thereof as shall be burnt 
down or damaged by fire as aforesaid. And it is hereby Power to land- 
agreed that it shall be lawful for the said E. F., his heirs l"!"^ *°u°i^!i ^ 

"= . . ' take schedule 

and assigns, and his and their agents, at all seasonable times of fixtures, and 

during the said term to enter the said demised premises to to ^iew state of 

, . repair, 

take a schedule of the fixtures and things made and erected 

thereupon, and to examine the condition of the said premises; 
and further, that all wants of reparation which upon such 
views shall be found, and for the amendment of which notice 
in writing shall be left at the premises, the said C. D., his 
executors, administrators and assigns, will, within three 
calendar mouths next after every such notice, well and suf- 
ficiently repair and make good accordingly. And also that Premises not 
the said C, D., his executors, administrators and assigns, will *° ^^ °f^^ ^ * 
not convert, use or occupy the said premises, or any part 
thereof into or as a shop, warehouse or other place for car- 
rying on any trade or business whatsoever, or suffer the said 
premises to be used for any such purpose, or otherwise than 
as a private dwelling-house, without the previous consent in 
writing of the said E. F., his heirs or assigns. And also Leasee not to 
that the said C. D., his executors, administrators or assigns, ^*l^° °' °°" 
shall not nor will during the said term assign, transfer or un- 
derlet, or otherwise by any act or deed procure the said pre- 
mises, or any of them, to be assigned, transfeiTcd or underlet, 
unto any person or persons whomsoever without the previous 
consent in writing of the said E. F., his heirs or assigns. 
And further, that the said C. D., his executors, adminis- To yield np 

trators or assigns, will, at the expiration or other sooner premises m 

° , , repair, 

determination of the said term, peaceably surrender and 

yield up unto the said E. F., his heirs or assigns, the said 

premises hereby demised, with the appurtenances, together 

with all buildings, erections and fixtures now or hereafter 



Proviso for 

to be built or erected thereon, in good and substantial repair 

and condition in all respects, reasonable wear and tear and 

damage by fire (/) or tempest only excepted. Provided 

ALWAYS, and it is expressly agreed, that if the rent hereby 

reserved, or any part thereof, shall be unpaid for fifteen days 

after any of the days on which the same ought to have been 

paid (although no formal demand shall have been made 

thereof), or in case of the breach or non-performance of any 

of the covenants and agreements herein contained on the part 

of the said C. D., his executors, administrators and assigns, 

then and in either of such cases it shall be lawful for the 

said E. F., his heirs or assigns, at any time thereafter, into 

and upon the said demised premises, or any part thereof in 

the name of the whole, to re-enter, and the same to have 

again, repossess and enjoy as of his or their former estate, 

anything herein contained to the contrary notwithstanding. 

And the said E. F. doth hereby, for himself, his heirs, exe- 

les3or for quiet tutors, administrators and assigns, covenant with the said 
enjoyment. ' , , 

C. D., his executors, administrators and assigns, that he and 

they, paying the rent hereby reserved, and performing the 
covenants hereinbefore on his and their part contained, shall 
and may peaceably possess and enjoy the said demised pre- 
mises for the tenn hereby granted, without any interruption 
or disturbance from the said E. F., his heirs or assigns, or 
any other person or persons lawfully claiming by, from or 
under him, them or any of them. In witness whereof the 
said parties to these presents have hereunto set their hands 
and seals the day and year first above written. 

Covenant by 

rV. Lease of a Farm, 

This Indenture, made the day of 18 , 

Between E. F. of , , of the one part, and C. D. 

of , , of the other part, Witnesseth that the 

said E. F. Doth demise unto the said C. D., his executors, 
administrators and assigns, All \i71sert description of par- 
cels (»t)]. And all the easements and appurtenances to the 

Q) See ante, p. 192. 

(fft) See ante, p. 74, 


same premises belonging or therewith held or enjoyed : 
Except all timber and timber-like trees [and all other trees 
and bushes whatsoever (n)] ; Also all mines, minerals (o) 
[gravel pits] and quarries; Also the exclusive right of 
hunting, shooting, fishing and sporting over the said pre- 
mises (jo): To HAVE AND TO HOLD the Said messuage, lands 
and premises hereby demised, with the appurtenances, unto 
the said C. D., his executors, administrators and assigns, 
from the day of 18 {q), for the term of 

years thence ensuing, Yielding therefor during the said 
term the yearly rent of £ , by equal [half-yearly] pay- 

ments, on the day of , and the day of 

in each year, the first of such payments to be made on the 

day of 18 . [And also yielding to the said Additional 

E. F., his heirs or assigns, the further yearly rent of £ , f^° land^con- 

by equal [half-yearly] payments, on the days aforesaid, for verted into 
every acre, and so in proportion for every less quantity than *"^®- 
an acre of the meadow or pasture land hereby demised, which 
the said C. D., his executors, administrators and assigns, 
shall during this demise plough up or convert into tillage 
without the previous consent in writing of the said E. F., his 
heirs or assigns, the first payment of the last-mentioned 
yearly rent to be made on such of the said days of payment 
as shall happen next after any such ploughing up or con- 
version into tillage.] And the said C. D. doth hereby for Covenants by 
himself, his heirs, executors, administrators and assigns, l*''*^^- 
covenant with the said E. F., his heirs and assigns, that he P*^ ^^^ ' 
the said C. D., his executors, administrators and assigns, 
will, during the said term, pay unto the said E. F., his heirs 
or assigns, the certain yearly rent hereby reserved [and also 
(if the same shall become payable) the said additional rent 
hereby reserved], in manner hereinbefore mentioned. And To pay taxes. 
ALSO will pay all taxes, rates, duties and assessments what- 
soever, whether parochial, parliamentary or otherwise, now 
charged or hereafter to be charged upon the said demised 
premises, or upon the said E. F., his heirs or assigns, on 
account thereof (excepting sewers rate, land tax and property 

(») Ante, p. 218. (p) Ante, p. 260. 

(o) Ante, p. 79. (j) Or " from year to year." 



To repair. 

Power for 
landlord to 
enter to view 

Lessee not to 

To cnltivate 
meadow and 
pasture land in 

To manage 
arable land in 
regular coarse 
of husbandry. 

tax (r) ). And also will during this demise well and suffi- 
ciently repair, maintain and keep the said demised premises 
in good and substantial repair (damage by fire or tempest 
excepted), and will at the expiration, or other sooner deter- 
mination of the said term, peaceably surrender and yield up 
unto the said E. F., his heirs or assigns, the said premises, 
together with all building.% erections and fixtures now or 
hereafter to be built or erected thereon, in good and substan- 
tial repair and condition in all respects, reasonable wear and 
tear, and damage by fire or tempest, only excepted. And 
it is hereby agreed that it shall be lawful for the said E. F., 
his heirs and assigns, and his and their agents, at all season- 
able times during the said terra, to enter the said demised 
premises to examine the condition of the said premises ; and 
further, that all wants of reparation, which upon such views 
shall be found, and for the amendment of which notice in 
writing shall be left at the premises, the said C. D., his 
executors, administrators and assigns, will, within three 
calendar months next after every such notice, well and 
sufficiently repair and make good accordingly. And also 
that the said C. D., his executors, administrators or assigns, 
shall not nor will during the said term assign, transfer or un- 
derlet, or otherwise by any act or deed procure the said pre- 
mises or any of them to be assigned, transferred or underlet, 
unto any person or persons whomsoever, without the previous 
consent in writing of the said E. F., his heirs or assigns. 
And also that the said C. D., his executors, administrators 
and assigns, shall and will at all times during this demise 
manure and cultivate the meadow and pasture lands hereby 
demised according to the most approved mode of good 
husbandry, and shall not nor will plough up or convert into 
tillage any part of the said meadow or pasture lands, or mow 
any of the meadows more than once in any one year. And 
ALSO shall and will manage the arable lands hereby demised 
in a regular course of good husbandry, so that every year 
one [fifth] part thereof shall be summer-fallowed and 
manured, and one other [fifth] part thereof sown with good 
clover or grass seeds ; also that not more than two grain 

(r) See ante, p. 223. 


crops shall be taken in succession (s). And also shall and To consume on 

•11 i. • 1 • 11 .1 1 premises all 

•Will consume upon the said premises all the hay, straw, fiay^ &c_ pro. 

turnips and fodder produced thereon, and every year spread duced thereon, 
on the said premises, or some part thereof, all the manure 
arising therefrom. And also shall and will leave upon the To leave on 
said demised premises all the manure which shall be pro- manure^jro- 
duced thereon within the last year of the said term, without duced in last 
requiring any recompense for the same. Provided airways, ^^^ ° ™' 
and it is expressly agreed, that if the rent hereby reserved, I'roviso for 
or any part thereof, shall be unpaid for [twenty-one] days 
after any of the days on which the same ought to have been 
paid (although no formal demand shall have been made 
thereof), or in case of the breach or non-performance of any 
of the covenants and agreements herein contained on the 
part of the said C. D., his executors, administrators and 
assigns, then and in either of such cases it shall be lawful 
for the said E. F., his heirs or assigns, at any time there- 
after, into and upon the said demised premises, or any part 
thereof, in the name of the whole, to re-enter, and the same 
to have again, re-possess, and enjoy as of his or their former 
estate. And the said E. F. doth hereby for himself, his Covenant by 

heirs, executors, administrators and assigns, covenant with '^ssor for quiet 

\ \ . . enjoyment, 

the said C. D., his executors, administrators and assigns, that 

he and they, paying the rent hereby reserved, and perform- 
ing the covenants hereinbefore on his and their part con- 
tained, shall and may peaceably possess and enjoy the said 
demised premises for the term hereby granted without any 
interruption or disturbance from the said E. F., his heii-s or 
assigns, or any other person or persons lawfully claiming by, 
from or under him, them or any of them. 
In witness, 8fc. 

(s) See agreement for letting farm in Dison's Law of the Farm, 
Appendix, p. x. 



Abandoned Pbemises, entry of landlord npon, at expiration of lease, 
proceedings before justices for recovery of, 310. 

Abandonment op Distress, quitting possession of goods does not neces- 
sarily operate as, 163. 
tenant may retake abandoned distress, 164. 

Acceptance, of new lease, when implied surrender, 280. 

of third person as tenant, with consent of prior tenant, 281. 
undertenant as tenant by lessor, 281. 
assignee as tenant by lessor, 250. 
rent under void lease, 53. 

agreement for lease, 53. 
from tenant holding over, 54. 
when waiver of notice to quit, 273. 
forfeiture, 286. 
double value, 304. 

Acknowledgment, of lease by married woman, 9. 
of antecedent tenancy, 137. 

when it authorizes distress, 137. 
does not require lease stamp, 97. 

Action, for damages upon breach of agreement for lease, 65. 
for irregular distress, 180. 

excessive distress, 157. 

illegal distress, 176—179. 

waste, 200. 

rent on special contract, 188. 

use and occupation, 188. 

double value, 302. 
rent, 304. 
in county court for recovery of possession of premises, 310. 
of ejectment, 313, 315. 

334 INDEX. 

Additional Rent, 

on breach of covenants, lt& 

distress for, 132. 
no stamp duty chargeable upon, 100. 
for improvements. 111. 

Adhesive Stamp, when duty on lease may be denoted by, 101. 
penalty on not affixing before execution of instrument, 101, 

Administrators, leases by, 30. 
when they may distrain, 135. 
liability of, for rent and upon covenants in lease, 254. 

Administrators op Convicts, convict's property vests in, 268. 
leases by, 14, 258. 

Admissions, by tenant, evidence of time of commencement of tenancy, 

Advance, Rent payable in, mode of reservation of, 83. 
custom of country as to, 112. 
when it may be distrained for, 132. 

Advances, by tenant on account of rent not due, effect of, 114, 

Agents, to execute leases by deed, how to be appointed, 31. 
leases by, 31, 

mode of execution of, 103. 
leases to, by principals, 44, 
payment of rent to, 115. 

effect of, as evidence of principal's title, 130, 
notice to quit given by, 270. 

Agistment, cattle at, may be distrained, 144. 


for lease, 61-67, 

how distinguished from lease, 44 — 47. 
effect of occupation under, 51, 

and payment of rent under, 53. 
how to be made, 61. 
stamp duty upon, 66. 

in what cases parol agreements are enforceable, 62. 
part performance, 62. 
fraud, 64. 

agreement admitted and statute not insisted on, 64. 
rights of intended lessee under, 64. 
as to title, 64. 
as to covenants, 64. 
sums by way of rent reserved upon, 111, 131, 

• INDEX. 335 

Agreement — continued. 
for le&se— continued. 

remedies for breach of, 65. 
action for damages, 65. 
suit for specific performance, 65. 

Agricultural Fixtures, when removable by tenant, 295. 
form of consent of landlord to erection of, 295, n. (f ). 

notice by tenant of Intention to remove, 296, n. (g). 

Alien, leases by or to, 13. 
enemies, leases by or to, 2. 

Alterations in lease, after execution, effect of, 104. 

Ambassador, goods of, not distrainable, 143, 

Amends, tender of, before action for irregular distress, 181. 

Animals. See Cattle. 

fcrw natures cannot be distrained, 140. 
impounded, to be supplied with food and water, 161. 

Apportionment op Rent, 
in respect of estate, 126. 

on grant or devise of part of reversion, 126. 
severance of reversion, 126. 
tenant's losing possession of part of premises, 126. 
in respect of time, 127. 
how made, 128. , 

Appraisement of distress, 167. 
who may appraise, 167. 
swearing appraisers, 168. 

form of appraiser's oatJi, 168, n, (q). 
memorandum of appraisement, 168. 

form of, 168, n. (r). 

stamp duty upon, 168. 
action for selling goods distrained without, 180. 

Appraisers, sale to, of goods distrained, 171. 

Appurtenances, meaning of term, 76. 
to a house, what may pass as, 76. 
to land, what may pass as, 76. 

Archbishops, leases by, 18. 

See Corporations, Ecclesiastical. 

Arrear, when rent is in, 114, 132. 

Assignee, under bill of sale, use and disposal of produce by, 210. 
effect of acceptance of, as tenant by lessor, 250. 

336 INDEX. » 

AssiONEE — continued. 

rights and liabilities of, 246. 
as against the lessor, 245. 
for rent, 245. 
upon covenants in lease, 245. 

covenants which run with land, 246. 
effect of re-assignment, 249. 

to whom it may be made, 249. 
as against lessee, 250. 
as to title, 251. 

Assignment op Lease, right to assign, where there is no express agree- 
ment, 240. 
construction of covenant not to assign, 241. 
licence to assign, 242. 
how distinguished from underlease, 236. 
mode of making, 244. 

statutory requisites, 244. 

assignor may assign directly to himself and another, 245. 
effect of, 245—252. 

sums by way of rent reserved upon, 112, 182. 
upon death of lessee, 254. See Death. 

bankruptcy of lessee, 256. See Bankruptcy. 

Assigns, effect of naming, in covenants, 85, 246, 247. 

covenants which run with land only when assigns are named, 247. 

Attestation of leases by deed, 103. * 
under powers to lease, 34. 

Attoeney, lease to, by client, 44. 

Attornment of tenant, not necessary to conveyance, 117, 253. 
what amounts to, 129. 

Auctioneer, goods in hands of, for sale, protected from distress, 139. 

Away-going Crop, right to, 300. 

custom to leave in barns, effect of, 150. 

Bail, in ejectment, 313. 

Bailiff, to distrain, 152. 
warrant of distress, 152. 
form of, 152, n. (z). 
indemnity to, 152. 
landlord's liability for acts of, 153. 
to give copy of charges to tenant, 175. 
tender of rent to, 154, 166. 
of county court, notice to, that rent ia due, 185. 
farm, his authority to let, 31. 

INDEX. 337 

of landlord, 

when it determines tenancy at will, 264, 
of tenant, 

remedy of landlord for rent upon, 185. 
distress after commencement of, 152, 186. 
when deemed to commence, 186, n. (c). 

tmstee may dispose of lease containing covenant against assign- 
ment, 241. 
option to call on landlord to grant lease, 
disclaim onerous lease, 257. 
proviso for re-entry upon, 88. 

Beer, agreements compelling lessees to purchase of lessors, 206. 

Bequest, of leaseholds, executor's assent to, 254. 
not breach of covenant not to assign, 241. 

Bill of Exchange, payment of rent by, 128, 132. 

Bishops, leases by, 15, 18. 

Bond, on replevin, 177. 

Boundaries, obligation of tenant to keep up, 216. 

Broker, to distrain, 152. See Bailiff. 

Bushes, property in, 218. 

Cancellation of Lease, does not operate as surrender, 281. 

Carriages, at livery, may be distrained, 140. 

Carrier, goods in hands of, for conveyance, not distrainable, 140. 

Cattle, kept to consume produce sold by sheriff to be consnmed on land, 
not distrainable, 142. 
when distrainable, 143. 

feeding on common, 145. 
at agistment, 144. 

seen on demised premises, by landlord coming to distrain, 145, 
distress of, where to be impounded, 160. 
supply of food and water to, 161, 162. 
sale under, 170. 
leases of, 258. 

rights and liabilities of lessee and lessor, 258. 

to whom cattle dying during term belong, 258. 

young produced during term belong, 259. 

Cattle-Plaque Rate, one-half of, may be deducted from rent, 223. 

F. Z 

338 INDEX. 

CJkbtaintt, as to commencement of lease, 79. 
as to duration of lease, 81. 

amount of rent, 83, 131. 
requisite in notice to quit, 269. 

Cestui qtjb Trust, lease by, to trustee, 44. 
when tenant at will to trustee, 52. 
merely agent of trustee, 52. 
notice to quit by, 271. 

Cestui que Vie, proceedings for production of, 275. 

Chabitable Uses, leases to trustees for, 22. 

leases of, 2. 

payments by way of rent reserved upon, 110. 

Clover, growing under standing com, not to be sold by sheriff, 208. 

Coal, construction of covenants relating to, 122. 

Collateral Covenants, what are, 248. 
do not bind assignee, 248. 

Colleges, leases by, 22. 

Commencement of Lease, from what periods leases may be made to 
commence, 79. 
construction of provisions as to, 80. 
certainty as to, 80. 
from year to year, how to be ascertained, 266. 

Commissioners op Woods and Forests, leases of crown lands vested 
in, 22. 

Committees op Lunatics, leases by, 7, 8. 
renewal of leases by, 8. 

Common, Right op, lease of, 69. 

Common, Tenants in, to whom rent is payable upon lease by, 116. 
distress by, 137. 

Commons, leases of, by lords of manors, 29. 

Company, goods of, not distrainable, after commencement of winding-up, 

Compulsory Payments, when tenant may deduct from rent, 121. 

Condition, how created, 283. 
forfeiture for breach of, 283. 

Confidential Belation, leases to persons standing in, 43. 

INDEX. 339 

Confirmation, of lease made dnring infancy, 6. 
of lease made by tenant in tail, 28. 

of wife's freeholds not made under statates, 12. 
of leases by spiritual corporations sole, 17. 
under powers, 32, 33. 

Consent, by tenant, to landlord's remaining on premises to sell distress, 
form of, 172, n. (r). 
of landlord to erection of agricultural machinery or buildings, 295. 
form of, 295, n. (f ). 

for a lease, 73. 

effect of mis-statement of, 95. 

Construction, of terms of description, 75. 
of exceptions and reservations, 77. 
habendum, 79. 
reddendum, 83. 
powers of re-entry, 89 — 92. 

to resume possession of part of premises, 92, 93. 
stipulations as to time of payment of rent, 112. 
covenants generally, 86. 

relating to repairs, 191 — 197. 
against assignment, 241. 
prohibiting exercise of trades, 203. 
for quiet enjoyment, 232, 
relating to working of mines, 206. 

trading with particular persons, 205. 
to insure, 220. 
agreements relating to course of husbandry, 210 — 212. 
hay and straw, 212. 
manure, 213. 
trees, 218. 

payment of taxes, 226, 
underletting, 236. 
game, 261. 

Continuous Breach op Covenant, what is, 194, 222. 

effect of receipt of rent or other acknowledgment of tenancy, 287. 

Convict, property of, vests in administrator, 258. 
leases of property of, by administrator, 14, 268. 

Coparceners, distress by one of several, 136. 

Copyholds, leases of, 29. 
registration of, 105. 

z 2 

340 INDEX. 


distress of, 138. 

where to be impounded, 159. 

not to be removed to damage of owner, 171. 

when to be sold, 173. 
Bold by sheriflE to be consumed on land, not liable to distress, HI. 
claimable as emblements, 298. 

COBPOEATIONS, Service of notice to quit upon, 272, 
leases by or to, how to be made, 14. 

effect of entry and payment of rent under void lease by, 14. 
ecclesiastical, 15. 

enabling statutes, 15. 

leases by, not in pursuance of statutes, 17. 

restraining statutes, 18. 

renewal of leases by, 20. 

stamps upon leases by, 100. 

leases to, 21. 
municipal, leases by, 21. 
the crown, leases by, 22. 

COEEESPONDENCE, leases by, 72, 101, 

Costs, of lease and counterpart, by whom to be borne, 106. 
of distress, 173, 

for rent under 20Z., 173. 
scale of charges, 174. 
remedy for excessive charges, 174. 
for rent above 20Z., 169, 174. 
bailiff to give copy of charges, 175. 

COUNTEEPAET, by whom executed and kept, 102. 
costs of, by whom to be borne, 106. 
presumptive evidence of execution of lease, 102. 
denoting stamp, 102. 

County Couet, registrar grants replevins, 176. 
action of replevin in, 177. 
proceedings in, for recovery of possession after expiration of tenancy, 

when action of ejectment may be brought in, 315. 
suit in, to enforce performance of parol agreement for lease, 62. 

County Rates, construction of covenants relating to, 22G, 227. 

CoUESE of Husbandey, construction of agreements relating to, 210. 

Covenant, action of, for rent, 189. 

Covenants, 84. 

construction of, generally, 86. 

INDEX. 34 1 

Covenants — contintied. 
nsaal, 65, 85. 

dependent or independent, 87. 
joint or several, 87. 
collateral, 248. 
where they run with the land, 246—248. 

where "assigns" are not mentioned, 246. 
are mentioned, 247. 
covenants which do not run with land, 248. 
implied, 74, 83, 229. 
express, 84. 

for payment of rent, 85. 

forms of, 320, 325, 326, 329, 
to repair, construction of, 191. 
forms of, 320, 325, 326, 330. 
no relief in equity for forfeiture on breach of, 291. 
to put into repair, construction of, 193. 
to leave in repair, construction of, 194. 

/orms of, 323, 325, 327. 
conditional, to repair, construction of, 195. 
to repair after notice, 194. 

forms of, 322, 325, 327, 330. 
to paint, /or TO of, 321, 326. 
prohibiting exercise of trades, 203. 
forms of, 322, 325, 327. 
relating to working of mines, 206. 

trading with particular persons, 205. 
cultivation of land, 210—214. 
to insure against fire, 220. 

forms of, 321, 326. 
to pay taxes, 226. 

forms of, 320, 325, 326, 329. 
for quiet enjoyment, 232. 

forms of, 324, 325, 328, 331. 
relating to underletting, 236. 
not to assign without licence, 241. 
forms of, 322, 325, 327, 330. 
no relief in equity on forfeiture for breach of, 291. 
to indemnify lessee on assignment of lease, 250. 

Crops, what, claimable as emblements, 298. 

growing, distress on, 138. See Geo WING Cbops. 
away-going, 300. 

Crown, leases by, 22. 

where rent reserved upon, is payable, 115. 
no tenancy at sufferance against, 50. 

342 INDEX. 

Cultivation op Land, 

obligations of tenant, where there is no express agreement, 207. 
as to hnsbandlike cnltivation, 207. 

implied obligation to cultivate according to custom, 207. 
as to expenditure of produce on demised premises, 208. 
obligations of tenant where there is an express agreement, 209. 
provisions in case of execntion, 209. 

construction of agreements relating to course of husbandry, 210. 

hay and straw, 212. 
manure, 213. 
CuBTESY, Tenant by, leases by, 10. 

Custody of Law, goods in, cannot be distrained, 141. 

Custody of Lease, who is entitled to, 105. 

Custom, evidence of, when admitted to explain lease, 70. 
as to rent becoming due in advance, 112. 
as to what trees are timber, 217. 
as to meaning of "Lady-day," 113. 
as to length of notice requisite to determine tenancy from year to year, 

to leave away-going crops in bams, effect of, 160. 
as to removal of articles erected by tenant, 295. 
away-going crops, 300. 
compensation for tillages, 301. 
implied obligation of agricultural tenant to cultivate according to, 

excluded by express agreement inconsistent with it, 208, 300. 

Damage Feasant, cattle distrained, not distrainable for rent, 111. 

Damages, in replevin, 176. 

on action for illegal distress, 179. 

circumstances of mitigation, 179. 
on action for irregular distress, 181. 

use and occupation, 188. 

breach of covenant to repair, 197. 

for quiet enjoyment, 234. 
court of chancery may award, 66. 

Date of lease by deed, 73. 

Dean and Chapter, leases by, 18. 

Death, of lessor, 253. 
of lessee, 254. 

liability of executor for rent and npon the covenants, 264. 
of landlord or tenant at will, effect of, 264. 
cegtui qu€ vie not produced, to be taken to be dead, 276. 

INDEX. 343 

Deductions from Rent, property tax, 119. 
land tax, 120. 
sewers' rate, 120. 
tithe rent-charge, 120. 
rent due to original landlord, 121. 
other compulsory payments, 121. 
permitted by mistake, effect of, 122. 

Deed, when leases must be made by, 68, 69. 

execution and attestation of leases by, 102, 103. 

Deliveey op Deed, mode of, 103. 

Demand, of rent before distress, 153. 

of rent not necessarily waiver of notice to quit, 273. 

due after forfeiture, when waiver of forfeiture, 287. 
under proviso for re-entry on non-payment of, 284. 
how and when to be made, 284. 
where to be made, 285. 

when writ in ejectment may stand in place of, 285. 
of possession, or double value, 303. Form, of, 808, n. (d). 

Demise, implied covenant for quiet enjoyment under, 74, 229. 

Deposit of lease as security, not a breach of covenant against assignment, 

liability of depositee, 245. 

Deserted Premises, proceedings before justices for recovery of, 310. 

Determination op Lease, when distress may be made after, 149. 
modes of, applicable to particular kinds of tenancy, 262 — 277. 
determination of tenancy by sufferance, 262. 
at will, 263. 
from year to year, 265. 
for optional term, 275. 
for life, 275. 
modes of, generally applicable, 277 — 291. 
merger, 277. 
surrender, 278. 
forfeiture, 283. 

Dignities cannot be granted for years, 2. 

Disability, restrictions arising from, 2. 

verbal, 274. 

what expressions amount to, 274. 
by matter of record, &c., 283. 
of onerous lease, by trustee of bankrupt, 257. 


344 INDEX. 

Distress fob Rent, 

requisites to, 131 — 144. 

certain and proper rent, 131, 175. 

remedy of tenant when no rent is due, 178. 
rent in arrear, 132. 

reversion in person distraining, 132 — 137, 175. 
who may distrain, 

mortgagor, under lease by him after mortgage, 116, 133. 

before mortgage, 133. 
mortgagee, under lease by mortgagor after mortgage, 133. 

before mortgage, 133. 
receivers, 134. 
husband, 134. 

executors and administrators, 135. 
joint-tenants, 136. 
tenants in common, 137. 

from year to year, 136. 
at will, 136. 
goods liable to be distrained, 137 — 144. ' 

goods on premises belonging to third persons, 137. 
com or hay, 138. See CoBN. 
growing crops, 138. See Gbowing Cbops. 
property privileged from distress, 138 — 143. 
fixtures, 138. 
title deeds and keys, 139. 
things sent to trader, 139. 
wild animals, 140. 
things in actual use, 140. 
perishable goods, 141. 
goods in custody of law, 141. 
produce sold by sheriff subject to agreement to consume 

on land, 141. 
frames and materials entrusted to workmen, 142. 
goods of ambassador, 143. 
effects of company being wound up, 143. 
property conditionally privileged, 143. 
implements of trade, 143. 
cattle and sheep, 143. 
effect of seizing goods privileged from distress, 175. 
where to be made, 
general rule, 144. 

exceptions, 145 — 149. 

stock feeding on common, 145. 
cattle seen by landlord on, 145. 
.fraudulent removal, 145. 
effect of seizing goods not upon the demised premises, 1 75. 

INDEX. 3-45 

Distress for Uk^jt— continued. 
when to be made, 149. 

distress after determination of lease, 149. 

time within which distress for rent-charge may be made, 160. 

rent may be made, 151. 
time of day at which distress must be made, 150. 
postponement of right to distrain, 150. 
amoant for which it may be made, 151. 

six years' arrears only recoverable, 151. 
distress for more rent than is due, 151. 
distress after bankruptcy, 152, 186. 
mode of making, 152. 

warrant of distress, 162. See WARRANT. 

landlord's liability for acts of bailiff, 153. 
demand of rent, 153. See Demand. 
effect of tender of rent before seizure, 154. See Tender. 

after seizure, but before impounding, 158, 

after impounding, 166. 
how entry may be lawfully made, 154 — 156. See Entry. 
seizure, 156. 

impounding, 158—163. See Impounding. 
abandonment of distress, 163, 164. 
rescue or poundbreach, 163. 
requisites to sale under, 164. 

inventory and notice, 164, 180. 
forms of, 164, n. (t). 
how to be served, 165. 
appraisement, 167, 180. See Appraisement. 
form of, 168, n. (q). 
stamps upon, 168. 
sale under, 169—173. See Sale. 
costs of, 173. See Costs. 
remedies for illegal, 175 — 180. 
remedy for irregular, 1 80. 
excessive, 157. 
when waiver of forfeiture, 286. 

notice to quit, 273. 

Ditches, ownership of, 215. 

Door, outer, when it may be broken open to distrain, 146, 155. 
inner, may be broken open, if outer door is open, 164. 

Doitrt.e Rp:nt, 

action or distress for, 304, 

when it ceases to be payable, 305. 

346 INDEX. 

Double Value, 
action for, 302. 

forms of notice by landlord, 303, n. (d). 
when acceptance of rent operates as waiver of, 304. 
no distress for, 131, n. (p). 

DOWEB, tenant in, leases by, 10. 

Duchy op Cornwall, leases of lands belonging to, 22. 

Duchy of Lancasteb, leases of lands belonging to, 22. 

Duplicate op Lease, 102. 
stamps upon, 102. 

DimATiON op Leases, certainty as to, 81. 

Ecclesiastical Corporations, 
leases by, 15—20. 

stamps upon, 100. 
leases to, 21. See CORPORATIONS, Ecclesiastical. 


action of, 313. 

may be brought before entry, 108. 

for non-payment of rent, 285. 

jury to find verdict for mesne profits, 314. 

tenant knowing of writ in, to give notice to landlord, 315. 

when it may be brought in county court, 315. 

Emblements, by what tenants claimable, 298. 
on what events, 298. 
of what crops, 298. 
entry to cut and carry away, 299. 

provision as to tenant at rack rent of landlord entitled for uncertain 
interest, 299. 

Endowment op See, leases of lands assigned as, 19. 

Enrolment of leases by tenants in tail, where necessary, 27. 


by tenant, effect of, 106—108. 
under agreement for lease, 51. 
void lease, 51. 
purchase agreement, 61. 
parol agreement for lease, 63. 
nature of lessee's interest until, 107. 
on different parts of premises at different times, 268. 

INDEX. 347 

Entbt — continued, 

by tenant — continued. 

necessary to enable him to maintain trespass, 107. 

landlord to maintain use and occupation 
against him, 108. 
by execntor or administrator of tenant, effect of, 256. 
by landlord, to repair, 197. 
to distrain, 154 — 156. 

in case of fraudulent removal, 146. 
when outer door may be broken open, 146, 155. 
constructive entry, 155. 
effect of unlawful entry, 155, 175. 
at end of tenancy, to recover possession, 305. 
where premises are abandoned, 305. 
locked up, 805. 
tenant is in possession, 306. 

Equity, courts of, 

application to, for specific performance of agreement for lease, 65. 
injunction against waste, 200. 
relief against forfeiture, 288. 

Ebeoe in notice to quit, 269. 

Escrow, delivery of deed as, 103. 

Estoppel, leases by, 42, 43. 

on reservation of rent to stranger to reversion, 112, 
reversion by, sufficient to support distress, 132. 
tenant estopped from disputing title of landlord, 42. 
may show that it has expired, 42. 

Estovers, right to, 218. 


of tenant by landlord, what acts constitute, 230. 
effect of, 126, 231. 
from part of premises, 126. 
by title paramount, apportionment of rent upon, 126. 

Evidence, extrinsic or verbal, when admissible to explain lease, 69 — 71. 
terms npon which unstamped instruments are received in, 94. 

Exception, ho^t differs from reservation, 77. 
construction of, 77. 
timber, 78. 

form of, 329. 
minerals, 79. 

form of, 329. 
liberty to tenant to kill rabbits, 261. See Resebvatiok. 

348 INDEX. 

Excessive Distbess, what seizure is excessive, 157. 
tenant's remedy for, 157. 

Execution against Tenant, landlord's remedy for rent upon, 181— 
duty of sheriff, 182. 

form of notice to sheriff, 183, ». (n). 
under process of county court, remedies for rent upon, 184. 
straw, turnips or manure taken under, not to be sold off, 209. 
hay, grass, &c. not to be sold off, contrary to covenants, 209. 
tenant to give notice of covenants to sheriff, 209. 
sheriff to give notice of seizure of produce to landlord, 209. 
goods taken in, cannot generally be distrained, 141, 
growing crops seized under, liable to distress for subseqaent rent, 184. 

EXECITTION OF LEASES, by deed, 102, 
nnder powers of leasing, 34. 
by agents, 103. 
effect of non-execution by lessor, 103. 

alterations in lease after execution, 104. 

EXECUTOBS, leases by, 30. 

of lessor, when they may sue upon covenant broken in his lifetime, 253. 

distrain, 135, 136. 
of lessee, their liability for rent and upon covenants, 254. 
assent of, to specific bequest of lease, 254. 

Expenses, of lease, 106. See Costs, 

Extrinsic Evidence, when admissible, 69—71. 

Factoes, goods in hands of, for sale, privileged from distress, 139. 
Fallows, not exhausted, compensation for, 300. 
False Demonstration, what it is, 74. 


meaning of term, 75. 

form of lease of, 328. 

Farming Buildings, meaning of term, 75. 

Feme Covert. See Married Women. 

renewal of leases to, 6, 12. ^ 

renewal of leases by, 6, 12. 


liability to repair, where there is no exprcs.s afn'eemcnt, 214, 215. 
obligatioos of tenante for life or years, 214. 

from year to year or at will, 215. 
ownership of, 215. 

INDEX. 349 

TnKas "Satxtrx, animals, cannot be distrained, 140. 

FiBE, payment of rent after destruction of premises by, 124. 

liability of lessee under covenant to repair, on injury by, 192. 

accidental, liability of tenant for, 190. 

insurance ofiBce may lay out insurance money in rebuilding, 222. 

Fitness foe Use intended, 

no implied contract as to, on lease of unfurnished house, 202. 

of land, 202. 

Fixtures, what articles are, 138 — 139, 292. 
cannot be distrained, 138. 

belonging to landlord, remedy where taken by sheriff in execution, 184. 
ownership of, 293. 

where there is no express agreement, 293. 

fixtures erected before commencement of tenancy, 293. 
by landlord during tenancy, 293. 
by tenant during tenancy, 293. 
ornamental and useful articles, 294. 
trade fixtures, 294. 
agricultural fixtures, 295. 
within what time removable, 296. 
where there is an express agreement, 297. 

effect of covenant to keep and leave in repair erections and 
improvements, 297. 

Food, supply of, to animals impounded, 161. 

FoBCiBiiE Entby, lawful possession may be acquired by, 306. 
indictment for, 306, 

FORFEiTUBE, of land brought into mortmain, 1.5, 
by disclaimer, 283. 

acts amounting to, 283. 
on breach of conditions annexed to grants, 283. 
under proviso for re-entry, 284. 
construction of, 89 — 92. 
by whom lease may be determined under, 284. 
for non-payment of rent, 284. 
demand of rent, 284. 

when writ in ejectment may stand in place of, 285. 
waiver of, 286. 

acts amounting to, 286 — 287. See WAIVES, 
effect of, restricted to breach to which it specially relates, 287. 
relief against, 288. 

for non-payment of rent, 288, 290. 

breach of covenant to insure, 289, 290. 
breaches of corcuont for which courts of equity will not relieve, 290. 

350 INDEX. 

Forms, warrant of distress, 162, n. (z). 

inventory of goods distrained, 164, n. (t). 
notice of distress, 165, n. (t). 
appraiser's oath, 168, n. (q). 
memorandum of appraiser's oath, 168, n. (q). 

appraisement, 168, n. (r). 
consent of landlord to erection of agricoltoral boildings, &c., 295, 

n. (f). «. 

notice by tenant of intention to remove agricoltaral buildings, &c., 
296, n. (g). 
to quit given by landlord, 269, n. (g). 

tenant, 270, n. (g). 
to determine tenancy for optional terms of years, 275, n. (c). 
to tenant holding over, to pay double value, 303, n. (d). 
to tenant of intention to proceed before justices, 307, n. (y). 
of leases, 317—331. 
.short statutory, 317. 

statutory form, suitable for small house, 324. 
of house, 325. 
farm, 328. 

Forthwith, to put premises into repair, construction of covenant, 193. 

Four-course System, meaning of covenant to farm on, 210. 

Frame, entrusted to workman, not distrainable by his landlord, 142. 

Fraud, parol agreements for leases enforceable on ground of, 64. 

Fraudulent Removal, 

of goods to avoid a distress, landlord's remedy upon, 145—149. 
what constitutes, 148. 
penalty on person assisting in, 147. 
requisites to proceedings under statute, 148. 

Furnished House, breach of condition that it is fit for habitation, 202. 

Furnished Lodgings, rent of, may be distrained for, 110. 

Furniture, distrained for rent, where it may be impounded, 169. 

Game, statutory provisions as to, 259. 

construction of demise or reservation of right of shooting, 260. 
form of reservation, 329. 
special agreements relating to, 261. 

Goods, leases of, 2. 

Grant of Reversion, remedies of grantees and lessees upon, 252. 

grantee may avail himself of notice to quit given by preceding owner, 

INDEX. 351 

Geeenhouse, when removable by tenant, 293, 295. 

Geowino Crops, 
distress of, 138. 

where to be impounded, 160. 

effect of tender before they are gathered, 166. 

appraisement of, 168. 

when to be sold, 173. 
seized and sold under execution, liable for subsequent rent, 141, 184. 

GUAEDIANS, leases to, by wards, 44. 

Habendum, from what time it takes effect, 80. 

certainty as to commencement and duration of lease, 80, 81. 

for years, form and construction of, 79. 

from year to year, form and construction of, 81. 

forms of, 326, 329, 
for life, form and construction of, 81. 

Habitation, condition that house is fit for, what is breach of, 202. 

Hay, taken in execution, not to be sold off contrary to covenants, 209. 
construction of agreements relating to, 212. 
distress of, 138. 

where to be impounded, 159. 

sale on condition that purchaser shall consume on premises, 171. 

Hedoe, destruction of quickset, waste, 198. 

where none between adjoining fields, obligations of occupiers, 215. 
ownership of, 216. 

Holding over, and payment of rent, effect of, 54. 
pending treaty for new lease, 51. 
by under-tenant, 302. 

co-tenant, 302. 
landlord's remedies against tenant, 302 — 305. 

Honoues, cannot be granted for years, 2. 

Horses, when distrainable, 143. 

at livery, may be distrained, 140. 

House, unfurnished, no implied contract by lessor that it is fit for habi- 
tation, 202. 
what the term may comprehend, 75. 
what may pass as appurtenant to, 76. 
formi of lease of, 324, 325. 

Hunt, grant of leave to, does not give grantee liberty of shooting, 261. 

352 INDEX. 

Husband, leases by, 10. 

UusBANDLiKE CULTIVATION, what is to bc Considered as, 207, 211. 

Illegal Distress, what is, 150, 164, 155, 175. 
remedies for, 175. 
rescue, 175. 
replevin, 176. 

action of trespass where no rent is due, 178. 
in metropolitan police district, 179. 

Illegal oe Immoral Purposes, rent or damages not recoverable 
under leases for, 200. 

Implements of Trade, distress of, 140, 143. 

Implied Covenants, 

upon the word " demise," 74, 229. 

words " yielding and paying," 83. 

Impounding, charge for, in public pound, 174. 
of distress, 158. 

what constitutes, 158. 
on the premises, 158. 
of furniture, 159. 

com, straw, or hay, 159. /' 

growing crops, 160. 
cattle, 160. 

supply of food and water to, 161. 
goods impounded not to be used, 162. 
injury to goods impounded, 162. 
abandonment of distress, 163. 
rescue or poundbreach, 163. 

Incoming Tenant, liability of, to pay for tillages, 301. 

Inconsistent Relation, creation of, implied surrender, 281. 

Incorporeal Hereditaments, 
lease of, 2. 

how to be made, 69. 

payments reserved upon, by way of rent, 110. 

Incumbent, leases of glebe by, 16. 
leases to, 21. 

Indefinite Grant, effect of, 59. 

Indefinite Letting, effect of, 52, 81. 

Indemnity, covenants of, upon assignment of leases, 250. 
to bailiff on distress, 152. 

INDEX. 353 


leases by, 2. 

by direction of Court of Chancery, 2. 

of settled estates, 4. 

not in pursuance of statutes, 4. 

confirmation of, 5. 

renewal of, 6. 

disaffirmance of, 4. 
leases to, 5. 

renewal of, 6. 

by person jointly interested with infant, 44. 

Injunction, to restrain waste, 200. 

Inn, goods of gnests at, not distrainable, 140. 

Inspection op Lease, by lessee, 106. 


construction of general coTenant to insare and keep insured, 220. 

covenants to insure in names of specified persons, 221. 
form» of, 321, 326. 
what covenants to insure run with the land, 223, n. (d), 247. 
statutory provisions in case of fire, 222. 

lessor to have benefit of insurance not in conformity with cove- 
nant, 222. 
insurance money may be laid out in rebuilding, 222. 
relief against forfeiture for breach of covenant to insure, 289. 

Intended Lessee, rights of, under agreement for lease, 64. 

Interesse Termini, what it is, 107. 

how and when it may be perfected, 107. 
nature of lessee's interest before entry, 107.* 

Interest, on rent, effect of agreement to take, 129. 
in land, within sect. 4 of Statute of Frauds, 61. 

Intoxication, lease made by person in state of, 44. 


under distress, 164. 

form of, 164, n. (t). 

Irregular Distress, 

when distress is irregular, 170, 171, 180. 
action for, 180. 

tenant not to recover if tender of amends is made, 181. 

not maintainable without proof of actual damage, 181. 

measure of damages in, 181. 

F. A A 

354 INDEX. 

Joint Tenants, 
leases by, 30. 

to whom rent reserved in, is payable, 116. 

effect of sever»ince of reversion, 136. 
distress by, 136. 
notice to quit by one on behalf of others, 271. 


proceedings before, for recovery of small tenements, 306. 

deserted premises, 310. 
metropolitan police magistrates, on wrongful dis- 
tress, 179. 

Keys, demand of by landlord, determines tenancy at will, 263. 
detention of, not necessarily waiver of notice to quit, 273. 
delivery and acceptance of, implied surrender, 279. 
what is evidence of acceptance of, 280. 

Lady Day, custom as to meaning of, 113. 

IiAND, meaning of term, 75. 

covenants which run with, 246. 

no implied contract on lease of, that it is fit for use intended, 202. 

liANDIiOBD, goods distrained caimot be sold to, 171. 
obligations of, as to repairs, 190. 
notice to, of want of repair, 197. 
entry by, to execute repairs, 197. 

letting premises in dangerous condition, liability for, 191. 
how far bound to disclose to intending lessee condition of premises, 

Land Tax, tenant liable to pay, under reservation of net rent, 84. 
when it may be deducted from rent, 120, 223. 
construction of covenants relating to, 228. 

Latent Ambiguity, what it is, 70. 

Leases, of what kinds of property may be made, 1, 2. 
persons capable of making and taking, 2 — 44. 
how to be made, 67. 

when deed is necessary, 68. 

effect of unsealed lease for more than three years, 68. 
of incorporeal hereditaments, 69. 

how to be made, 69. 
form and construction of, 71 — 93. 
by correspondence, 72. 

INDEX. .355 

Leases - contimicd. 

form and constmction of — continued. 
ordinary form, 72 — 93. 
premises, 73. 
date, 73. 
recitals, 73. 
consideration, 73. 
operative words, 74. 
parcels, 74. 
habendum, 79 — 82. See HABENDUM, 
reddendum, 82 — 84. See Reddendum. 
covenants, 84 — 88. See Covenants. 
proviso for re-entry, 88—92. See Peoviso foe Re-entby. 
power to resume possession of part of premises, 92, 93. 
stamps upon, 93—101. See Stamps. 
matters relating to completion of, 102 — 108. 
execution, 102. See EXECUTION, 
attestation, 103. 
registration, 105. 
custody of lease, 105. 
costs of lease, 106. 
entry of lessee, 106. See Entey. 

Lessee, cannot rid himself of liability under covenants by assigning 
lease, 250. 
deemed surety to lessor for assignee, 250, 251. 

Lessoe, effect of non-execution of lease by, 103. 

Level, meaning of, in mining lease, 71. 


of lessee for breaches of covenant, when it commences, 80, 195. 

cannot rid himself of, by assigning lease, 2»0. 
of landlord for acts of bailiff employed by him to distrain, 153. 
of executors or administrators of lessee, 254. 

Licence, how distinguished from lease, 47. 
sums reserved by way of rent upon. 111. 
by lord of manor, to lease, 29. 
to assign, 242. 

form of, 242, n. (g). 

duty of vendor to procure, 242. 

effect of, restrained to assignment, &c. actually authorized, 243. 
verbal, to quit, not of itself a surrender, 280. 
to take away fixtures, 297. 


leases for, 59, 72. 

different kinds of, 59. 

A A 2 

356 INDEX. 

Life — continued. 

leases for — continued. 

determinable, 59. 

how made, 72. 

construction of, 82. 

to commence infuturo, 81. 

production of persons for whose lives estates are held, 275. 
tenant for, 10, 28. 

of settled estates, leases by, 10, 28. 

leases by, not in pursuance of statute, 28. 

obligations of, as to repairs, 190. 
fences, 214. 

liability of, for waste, 200. 

claim of representatives of, to emblements, 298. 

Limitation, Statutes of, 

time within which distress for rent-charge may be made, 150. 
rent may be made, 151. 
action for rent may be brought, 187, 188. 

Liquidation by Arbangement, remedy by landlord for rent upon, 187. 

Livery of Seisin, on leases for lives, 72, 81. 

Live Stock, leases of, 2, 258. 

LOCKED-UP Peemises, entry upon, by landlord, on expiration of lease, 

Lodger, may remove goods before distress, 148. 

sale of his goods, under distress for rent due by tenant, 170. 

Lodgings, rent for furnished, how recoverable, 1 10. 

length of notice required to determine monthly or weekly tenancy, 265. 

Looms, entrusted to workmen, not distrainable by their landlords, 142. 

Lords op Manors, leases of wastes by, 29. 
licence to lease, 29. 

Lunatics, leases by, 8. 

leases by their committees, 7. 

of their settled estates, 8. 
renewal of leases to them, 8. 

by them, 7. m 

assignments of leases to which they are entitled, 240, n. (q). 

Machinery erected by tenant, when removable by him, 294. 
agricultural, when removable by tenant, 295. 

Manure, construction of agreements relating to, 213. 
taken under execution, not to be sold off, 209. 

INDEX. 357 

Married Women, 
leases by, 9. 

when they may demise alone, 9. 
by deed acknowledged, 9. 
not in pursuance of statutes, 11. 
of settled estates, 11. 
of leaseholds, 12. 
renewal of, 12. 

distress for arrears of rent due under, 136. 
leases to, 12. 

renewal of, 6, 1 2. 

authority of, as agents of their husbands, 115. 

•service of notice to quit upon, 271. 

Materials entrusted to workman, not distrdnable by his landlord, 142. 
sent to manufacturer to be worked up, not distrainable, 139. 

Mebgeb, where it occurs, 277. 

Messuage, meaning of term, 75. 

Metropolitan Police District, remedy for \vrongfal distresses in, 

Milch Cows, when impounded, may be milked by person distraining, 

Minerals, construction of exception of, 79. 

Mines, leases of, belonging to lunatics, 7. 

construction of covenants in leases of, 122, 206, 233. 
what may be worked, under lease of land, 198. 

Mistake, effect of payment of rent by, 117. 

deductions from rent permitted by, 1 22. 
in notice to quit, 269. 

Mode of using Premises, 

where there is no express agreement, 200. 
illegal or immoral purposes, 200. 
fitness of premises for use intended, 201. 
on demise of unfurnished house, 202. 
furnished house, 202. 
land, 202. 
where there is an express agreement, 202. 

construction of contracts relating to exercise of trades, 202, 203. 

Monthly Tenancy, notice required to determine, 265. 

358 INDEX. 

" More or Less," meaning of term, 77. 

Mortgagee, leases by, 41. 

leases to, by mortgagor, 44. 

effect of notice by, to tenant under lease made before mortgage, 116, 

distress by, for rent due under lease made by mortgagor before mort- 
gage, 133. 

distress by, for rent due under lease made by mortgagor after mort- 
gage, 133. 


leases by, before the mortgage, 41. 

to whom rent reserved in, is payable, 1 16. 
leases by, after the mortgage, 41. 

to whom rent reserved in, is payable, 116. 

distress for rent reserved in, 133. 

Mortmain Acts, what leases to corporations are within, 15. 

Necessaries, where demised premises are, infant lessee liable for rent, 6. 

Net Bent, meaning of term, 84. 

Notice, undcrlessee deemed to have, of covenants in original lease, 238. 
by mortgagee to tenant of mortgagor, 116, 133. 
by landlord to sheriff upon execution against tenant, 183. 

form of, 183, n. (n). 
to landlord, of want of repairs, 197. 
of distress for rent, 164. 

form of, 164, n. (t). 

landlord not bound by cause of taking mentioned in, 164. 

effect of want of, 165. 

action for want of, 180. 

how to be served, 165. 
to determine tenancy for optional term of years, 275. 

form of, 275, n. (c). 
of tenant's intention to remove agricultural buildings, &c., 296. 

form of, 296, n. (g). 
to tenant holding over, to pay double value, 303, n. (d). 
of intention to proceed before justices for recovery of possession, 306. 

form of, 307, n. (y). 

Notice to Qxht, 

length of, where there is no express agreement, 265. 
in quarterly, monthly or weekly tenancy, 265. 
where there is an express agreement, 266. 
'period with reference to which notice must be given, 266. 
admisAons by tenant, 267. 

INDEX. 359 

Notice to Quit — continued. 

period with reference to which notice most be ^ven— continued. 
where tenant has hold over, 267. 

entered under void lease, 268. 

in middle of quarter, 268. 
on different parts of premises at dif- 
• ferent times, 268. 

how notice must be expressed, 269. 

forms of notice, 269, n. (g). 
notice to quit part only of premises leased together, 269. 
by whom, may be given, 270. 
how to be served, 271. 
waiver of, 272. See Waiveb. 

Nuisance, liability of landlord, letting premises in such a state as to con- 
stitute, 191. 

NUBSERYMEN may remove trees and hothouses, 295 

OATH,/(7r7» of appraiser's, 168, n. (q). 

Occupation by tenant, effect of, 106 — 108. See Entry. 

Offices, leases of, 2. 

Operative Words, in a lease, 74. 


to determine lease, 68, 275. 

by whom exercisable, 275. 

form of notice, 275, n. (c). 

to purchase demised premises, effect of, on stamp, 97. 
to take further term, 58. 

when it may be exercised, 59. 

passes to trustee in bankruptcy, 257. 

Ornament, articles of, removable by tenant, 294. 

Outgoing Tenant, 

compensation to, for away-going crops, 300. 
tillages, 300. 
straw and manure, 212, 213. 

Overplus on sale of goods distrained, 169. 

Tarcels, of a lea-se, 74. 

in agricultural leases, 74. 

legal meaning of terms of description, 76. 

Tart Performance, 

of parol agreement, 62. 

acts which amount to, 63. 

360 INDEX. 

Pawxbkokeb, articles pledged with, not distrainable, 140. 

Patment op Rent, 128. 

to person not entitled to it, 117. 

after destraction of premises by fire, 124. 

flo<Kl or enemy, 1 25, 
where premises are unfit for nse or habitation, 125. . 

on non-repair by landlord, 125. 

to a third jxirson, by tenant for years, not a forfeiture, 283. 
by bill or note, 128, 132. 
under agreement for lease, or void lease, 53. 
by tenant holding over, 51. 

Penal Bent, no stamp duty chargeable upon, 100. 
construction of reservation of, 118. 
no relief in equity from, 1 18. 
how long payable, 118. 
distress for, 132. 

Pensions, assignments of, 2. 

Perishable Goods cannot be distrained, 141. 

Permissive Waste, what constitutes, 199. 

Poor Rate, 

when it may be deducted from rent, 224. 

overseers may agree with owner to pay poor rates, 224, n. (h). 
owners may be rated, 224, n. (i). 

Possession, person letting premises agrees to give, 229. 
tenant's obligation to give, at end of lease, 301. 

when landlord may refuse to accept, 302. 
landlord's remedies for recovering, 302. 
indirect, 302. 

action for double value, 302. 
action or distress for double rent, 304. 
direct, 305. 
entry, 305. 
proceedings before justices, 306. 

for recovery of small tenements, 306. 
deserted premises, 310. 
proceedings in the county court, 310. 

where tenant holds over after expiration of term, 310. 
where half-year's rent is in arrear and landlord has right 
to re-enter, 311. 
action of ejectment, 313. 

Post, remittance of rent by, 129. 

sending of notice to quit by, 272. 

INDEX. 361 

Postponement of right to distrain, 160. 

Potatoes may be claimed as emblements, 298. 

Pound, person distraining liable for injury to animals occasioned by bad 
condition of, 162. 
charge for impounding in, 174. 

Poundbreach, remedy for, 163. 


to resume possession of part of premises, 92. 
construction of, 92 — 93. 

Powers op Leasing, leases under, 31—34. 
vested in lunatic, how exercised, 7. 
leases by married Women in pursuance of, 9. 
relief on defective execution of, 32. 

Premises, in a lease, 73. 

Previous Mode op Enjoyment, evidence of, to explain lease, 71. 


sold by sheriff to be consumed on land, 209. 

not distrainable, 141. 
use and disposal of, by purchaser, 210. 

Promissory Note, payment of rent by, 128, 132. 

Property, capable of being let, 1. 
in goods distrained, 171. 

Property Tax, when it may be deducted from rent, 119, 223. 
agreements relating to, 225. 

for payment of rent, without deducting, are void, 225. 

Proposal for a lease, 44. 

Prostitution, leases for purposes of, 201. 

Proviso por Re-entry, 

how framed, 88. 

forms of, 323, 328, 331. 
to whom right of re-entry should be reserved, 88. 
construction of, 89 — 92. 
by whom lease may be determined under, 284. 
for non-payment of rent, 284. 

demand of rent, 284. 
on bankruptcy of lessee, 88. 

on severance of reversion, assignees of each part to be entitled to 
benefit of, 253. 

Purchase Agreement, effect of occupation under, 51. 

362 INDEX. 

QUARBIES, reservation of, 79, 218. 

QUABTEKLY Tenanct, what Constitutes quarterly reservation of rent, 
length of notice required to determine, 265. 

Quiet Enjoyment, 

implied contract for, 229. 

on word " demise," 74, 229. 

duration of, 229. 

how qualified or restrained, 230. ♦ 

to what wrongful entry limited, 230. 

what constitutes eviction, 230. 
construction of ordinary covenant for, 232. 

in lease of right of shooting and sporting over farm, 232. 
stream of water, 232. 
construction of general covenant for, 233. 
special covenants for, 233. 
damages on breach of covenant for, 234. 
covenant for, runs with land, 247. 

form of covenant for, Z2^. 

Quitting, terms of, 292. 

Babbits, right of tenant to shoot, 79, 260. 

lessee of right of shooting, has no right to bring on to farm, 260. 

Rates, by whom payable, 223, 226—228. 

Ke-assignment, discharges assignee from future liability to lessor, 249. 
to whom it may be made, 249. 
liabilities of successive assignees upon, 251. 

Receipts fob Rent, evidence of change of tenancy, 281. 

Receiveb, distress by, 134. 
notice to quit by, 271. 

Recitals in a lease, 73. 

Reddendum, form of, 83. 

Reduction op Rent, effect of verbal agreement for, 117. 

Re-entby, Pboviso foe, how framed, 88. See Peoviso for Re-entby. 

Registbation of Leabes, when necessary, 105. 

Relation of landlord and tenant, requisites to, 1. 

Re-letting, when it deprives landlord of chum to previous rent, 231. 

INDEX. 363 


against forfeiture for nonpayment of rent, 288, 290. 

breach of covenant to insure, 289, 290. 
covenants for breach of which courts of equity will not grant, 291. 

Remittance op Rent, by post, 129. 

Removal of Fixtubes, when to be made, 296. 

Renewal of Leases, to infants or married women, 6. 
by infants or married women, 6. 
of lunges' property, 7. 
by ecclesiastical corporation, 20. 
surrender for purpose of, valid without surrender of underleases, 282. 


reservation of, 83. 

to whom to be reserved, 83. 
mode of reservation, 84. 
net rent, meaning of, 84. 
rent payable in advance, 83. 
certainty as to amount of, 83, 131. 
covenant for payment of, 85. 
runs with the land, 247. 
lessee liable upon, after assigning lease, 250. 
what may be reserved as, 109. 
payments which are not, 110. 

sums reserved on leases of incorporeal hereditaments, 110. 
chattels, 110. 
a mere licence, 111. 

agreement for a lease. 111. 
additional rent for improvements, 111. 
payments over and above the rent, 112. 
reserved on assignments, 112. 
to stranger, 112. 
when payable, 112. 

where there is no express stipulation, 1 12. 
construction of express stipulations, 112. 
payment before the rent day, 114. 

on morning of rent day, 114. 
where payable, 115. 

where there is no express agreement, 115. 

tenant has covenanted to pay rent, 115. 
on lease by sovereign, 115. 
to whom payable, 116. 
agents, 115. 

under lease made by mortgagor before mortgage, 115. 
effect of notice by luoilgngoo, IIG. 

364 INDEX. 


to whom payable — continned. 

under lease made by mortgagor after mortgage, 116. 

effect of notice by mortgagee, 116. 
npon lease by joint tenants, 1 16. 

tenants in common, 1 16. 
assignment of reversion, 117. 
effect of payment to person not entitled, 117. 
amount payable, 117. 

effect of alteration in, 55. ^ 

effect of verbal agreement for reduction, 117. 
increased rent, 118, 
Bet-off against rent, 118. 

deductions which may be made from rent, 119 — 122. 
construction of express covenants as to, 122 — 124. 
payment of rent after destruction of premises, 124, 

where premises are unfit for habitation, 125. 
on non-repair by landlord, 125. 
suspension of, upon eviction by landlord, 126, 231. 
apportionment of, 126. 

in respect of estate, 126. 
time, 127. 
payment of, 128. 
effect of, 129. 

in creating tenancy from year to year, 52, 53, 54. 
as act of part performance, 63. 
within what time recoverable, 151. 
right of landlord to, not barred by nonpayment, 151, 
demand of, before distress, 153. 

not recoverable under leases for illegal or immoral purposes, 200. 
remedies for recovery of, 130 — 189, 
distress, 131—180. 

on execution against tenant, 181 — 185. 
on bankruptcy of tenant, 185—187. 
action, 187-188. 

Rent-CHABoe, within what time recoverable, 160. 


liability of tenant as to, where there is no express agreement, 189, 
obligations of tenants at will, 189. 

from year to year, 1 89. 
for terms of years, 190, 
Ufe, 190. 
underlessee, 238, 
landlord, 190. 
liability of tenant as to, where there is an express agreement, 191. 

INDEX. 365 


construction of general covenant to repair, 191, 
covenant to put into repair, 193. 
keep in repair, 193. 
covenants to repair generally and to repair after notice, 

conditional covenants to repair, 195. 
special agreements relating to repairs, 195. 
when liability of lessee upon covenant commences, 195. 
no relief in equity for forfeiture on breach of, 291. 
measure of damages for breach of covenant to repair, 197. 
when covenants to repair run with land, 247. 

REPLEVrN, when applicable, 176. 

substantial damages not recoverable upon, 176. 
proceedings in, 176 — 178. 
security upon, 178. 

Rescue, remedy for, 163. 
of illegal distress, 175. 


how it differs from an exception, 77. 
construction of, 77. 

of right of hunting, shooting, &c., 79. 


what is sufficient to support a distress, 132. 

tenant from year to year underletting from year to year, 136. 
effect of severance of, on lease by joint-tenants, 136. 
on conditions of re-entry, 253. 
grant of, 252. 

remedies of grantees, 252. 

lessees, 252. 
grantee may avail himself of notice to quit given by preceding 
owner, 271. 
when surrendered or merged, next vested estate to be deemed rever- 
sion, 283. 

Royalty, payable to owner of brickfield, 110. 

Sale under Distress, requisites to, 104. 
when to be made, 169, 172. 
standing com and growing crops, 173. 

how long landlord may remain on premises for purpose of selling, 172. 
no order required to be observed upon, 170. 

of hay and straw prohibited from being carried off the premises, 170. 
where it may be made, 171. 

366 INDEX. 

Sale tmnEii Distress— pon^fnj/rrf. 
to whom it may bo made, 171. 
to appraisers, 171. 
not to landlord, 171. 
action for not selling for best price, 170, 180. 

selling before the proper time, 173, 180. 
postponement of, 172. 

fomi of consent to, 172, n. (r). 
of cattle imponndcd, to recover cost of food and water, 162. 

Second Distress, cannot generally be made, 157, 176. 
when it may be made, 158, 163. 

Second Notice to Quit, when waiver of former notice to quit, 273. 

See, leases of lands assigned aa endowment of, 19. 

Seizure, of goods under distress, how made, 156. 
requisites to, 156. 

Separate Use, leases by married women of property settled to, 9. 

Servant, occupation by, 47, 51. 

service of notice to quit upon, 271. 

of landlord, effect of tenant's becoming, 281 . 

Service, of notice of distress, 165. 
of notice to quit, 271. 

given by landlord, 271. 
tenant, 272. 

Services, personal, reserved.fts rent, 1 10. 


against rent, 118. 
general rule, 118. 
on action for rent, 119. 

Settled Estates, leases of, 34 — 41. 
lunatics', leases of, 8. 
leases of, by husbands entitled in right of wives, 10. 

Sewers' Rate, when it may be deducted from rent, 120, 223. 
tenant liable to pay, under reservation of not rent, 84. 

Sheep, when distrainable, 142, 143. 

Sheriff, duty of, on execution against tenant, 182. 
action by landlord against, 183, 
form of notice to, 183, n. (n). 

taking fixtures belonging to landlord, restrained by Conrt of Chan- 
cery, 184. 

INDEX. 367 

Sheriff - eontinved. 

not to sell clover or artificial grass growing nnder standing com, 208. 
not to sell off straw, turnips or manure in any case, or hay, &c. con- 
trary to covenants, 209. 
may dispose of produce subject to agreement to expend it on land, 209. 
to send notice by post to landlord and his agent, stating that produce 
has been seized, 209. 


covenant not to nse premises as, 205. 
form of, 322. 

Signature, whether essential to leases, 103. 

Small Tenements, proceedings before justices for recovery of, 306. 
proceedings in county courts for recovery of, 310. 

Specifio Performance, 

of contract for agreement for lease, 65. 
requisites to, 65. 
where not granted, 66. 

Sporting, construction of reservation of right of, 79, 260. 

construction of covenant for quiet enjoyment in lease of exclusive 
right of, 232. 
grant of leave to hunt over premises, 261. 
special agreements relating to, 261. 

Stamps, on agreements, 66. 
on leases, 93 — 101. 

amount of duty, 98, 99. 

how charged on produce, &c. reserved as rent, 99. 
on leases by ecclesiastical corporations, 100. 
Trinity College, Dublin, 100. 
where duty may be denoted by adhesive stamp, 101. 
where two stamps are necessary, 97. 
effect of want of, 93. 
provisions as to stamping instruments after execution, 94. 

executed abroad, 94. 
terms upon which unstamped instruments may be received in evidence, 

on counterparts and duplicates, 102. 
on appraisements, 168. 

Statutes cited. See Index of. 

Statutory Form op Lease, 317—324. 

Stranger to the Reversion, sums by way of rent reserved to, 112. 

368 IXDEX. 


distress of, 138. 

where to be imponnded, 159. 

sale of, on condition that purchaser shall consume it on premises, 
taken in execution, not to be sold off, 209. 
construction of agreements relating to, 212. 

Sufferance, tenancy by, instances of, 49. 
effect of assent of owner, 50. 
. how determined, 262. 

Sufferance, tenant by, cannot underlet, 235. 

Sunset, distress made after, illegal, 150, 176. 

Sureties for Rent, 

in lease of wife's lands not acknowledged by her, 104. 
how discharged, 273. 

Surrender, apportionment of rent upon, 126. 
express, 278. 

how to be made, 279. 
implied, 279. 

acts which constitute, 279. 

delivery and acceptance of keys, 279. 
acceptance of new lease, 280. 

by landlord of third person as tenant with con- 
sent of prior tenant, 281. 
creation of inconsistent relation, 281. 
operation of, on rights of third persons, 281. 
for purpose of renewal, valid without surrender of underleases, 282. 

Suspension of Rent, on eviction from part of premises, 126. 

Tail, tenants in, leases of settled estates of lunatic, 8. 
leases by, 26. 


liability to pay, where there is no express agreement, 223. 

taxes which fall on landlord, 119, 120, 223. 

statutory provisions as to payment of poor rates, 224. 
agreements relating to property tax, 225. 

payment of tithe rent-charge by landlord or succeeding tenant, 225. 
construction of agreements relating to payment of, 226. 

Technical Terms, when evidence of, is admissible to explain lease, 70. 

Tenancy, creation of, 1. 
different kinds of, 49. 

INDEX. 369 


different kinds of — continued. 

by sufferance, 49. 

at will, 50. 

from year to year, 53. 

for years, 67. 

for life, 59. 
contract of, 60. 

agreements for leases, 61. 

leases, 67. 
tcnns of, 109. 
determination of, 262. 

Tenant's Fixtukes, what articles are, 294. 

Tender, of amends in action for irregular distress, 181. 
of rent, 167. 

what constitutes, 167. 

person distraining entitled to, 151. 

to whom to be made, 1 66. 

effect of, before seizure under distress, 154, 175. 

after seizure, but before impounding, 166. 

after impounding, 166. 

on distress of growing crops, 166. 
to prevent a forfeiture, 285. 

Terms, of tenancy, 109. 
of quitting, 292. 

Thereabouts, meaning of, 77, n. (a). 

Thousand, meaning of, by local usage, 71. 

Tillages, compensation for, 300. 

landlord bound to pay for, where no incoming tenant, 301. 

Timber, what ai-e timber trees, 217. 
property in, 217. 

as between landlord and tenant, 217. 

third persons, 217. 
windfalls, 218. 
construction of exception of, 78. 

agreements relating to, 218. 

Tithe Rent-charge, when it may be deducted from rent, 120, 223. 
left unpaid by outgoing tenant, 225. 

Tithes, leases of, 69. 

Title, lessor's, to be made out on sale of lease, 252. 
implied contract as to, on agreement for lease, 64. 

F. B B 

370 INDEX. 

Title-Deeds, cannot bo distrained, 139, 

Tolls op Turnpike Roads, agreements for letting, 69, ». (i). 

Trade, contracts in restraint of, when valid, 202. 

covenants prohibiting exercise of trade on demised premises, 203 

run with the land, 247. 

relating to trading with particular persons, 205. 
fixtures, 294. 

Trees, what, are timber, 217. 
property in, 217. 

bushes, 218. 

windfalls of trees, 218. 
construction of agreements relating to, 218. 
planted by tenant, not removable by him, 294. 

Trespass, Action of, not maintainable until entry, 107. 
for illegal distress, 178. 

Trinity College, Dublin, stamp duty on leases by, 100, 

Trustee, leases by, 30, 

leases to, by cestui que trust, 44. 

in bankruptcy may dispose of lease, notwithstanding proviso or cove- 
nant against assignment, 241. 
what property vests in, 257. 
may disclaim onerous lease, 257. 


right to underlet where there is no express agreement, 235. 
tenant for years or from year to year, 235. 
tenant at will or by sufferance, 235, 264. 
construction of express covenants relating to underletting, 236. 
how distinguished from an assignment, 236, 

sun-ender of, not necessary on surrender of original lease for purpose 
of renewal, 282. 

Under-tenant, implied agreement by his landlord to protect him from 
superior landlord's distress, 230. 
when he may deduct from rent payments to original landlord, 121. 
rights and liabilities of, 237. 

as against original lessor, 237. 
underlessor, 238. 
other under-tenants, 239. 
original landlord cannot recover against, by notice to quit in his own 

name, 271, 
effect of holding over by, 302, 

Universities, leases by, 22. 

INDEX. 371 

Unstamped Insthuments, on what terms received in evidence, 94. 

Usage. Sec Custom. 

when evidence of, is admitted to explain lease, 70. 

Use, things in, cannot be distrained, 140. 

Use and Occxtpation, when maintainable, 108, 188. 
measure of damages in, 188. 
against person in possession under contract of sale, 51. 

Usual Covenants, what are, 85. 

Usual Feasts, meaning of term, 113. 

Vebbal Disclaimer, what expressions amonnt to, 274. 

Verbal Evidence, when admissible, 69—71. 

Verbal Lease, in what cases valid, 68. 


lease, effect of occupation under, 51. 
payment of rent under, 53. 
acceptance of, not implied surrender, 280. 
assignment, not a breach of covenant not to assign, 242. , 

Voluntary Waste, what amounts to, 198. 


of notice to quit, 272. 

by second notice to quit, 273. 
acceptance of rent, 273. 
holding over, 273. 
consent of both parties requisite to withdrawal of notice to quit, 
of forfeiture, 286. 

acts amounting to, 286. 

acceptance of rent due after forfeiture, 286. 

unqualified demand of rent after forfeiture, 287. 

agreement by landlord to grant new lease after expiration of 

forfeited lease, 287. 
advice by landlord after forfeiture, to purchase interest of 

lessee, 287. 
where breach of covenant cansing forfeiture is continuous, 
of double value, 304. 

Wall, ownership of, 216. 

372 INDEX. 

Warrant of Distress, 
form of, 152, n. (z), 

implied indemnity to bailiff nndcr, 152. 
express indemnity to bailiff, 153. 


voluntary, what constitutes, 198. 

acts of destruction, 198. 

changing nature of demised premises, 199. 
permissive, what constitutes, 199. 
liability for, of tenants for life or years, 200. 

at will, or from year to year, 200. 
remedy for, 200. 

action at law, 200. 

injunction of court of chancery, 200. 
by tenant at will, determines his tenancy, 264. 

Wastes, leases of, by lords of manors, 29. 

Water, meaning of term, 75. 

Way, Right of, under what words will pass, 76. 
leases of, 69. 

Weekly Tenancy, length of notice required to determine, 265. 

Will, Tenancy at, how created expressly, 50. 
when it arises by implication, 50. 
effect of payment of rent, 52. 
reservation of rent upon, 52. 
how determined, 263. 
expressly, 263. 
impliedly, 263. 

by what acts of landlord, 263. 
tenant, 264. 

Will, Tenant at, 

obligations of, as to repairs, 189. 
fences, 215, 
liability of, for waste, 200. 
underleases by, 235. 
claim of, to emblements, 298. 

Windfalls of timber, to whom they belong, 218. 

Winding-up, distress after commencement of, 143. 

Writ, in ejectment, when it may stand in place of demand and rc-cntiy, 

INDEX. 373 

Year to Year, Tenancy from, how distinguished from tenancy at 
will, 53. 
how created expressly, 53. 
where it arises by imi)lication, 53, 68, 
how implication may be rebutted, 54. 
when implied tenancy commences, 56. 
when determinable, 265. 
how determinable, 265 — 274. 

notice to quit, 265 — 274. 

verbal disclaimer, 274. 
circumstances showing intention to create, 52. 
terms consistent with, 56, 67. 

Year to Year, Tenant from, 
obligations of, as to repairs, 189. 
fences, 215. 
liability for waste, 200. 
right to underlet, 235. 

Years, Tenancy for, how created, 57. 
what certainty requisite, 58, 80, 81. 
may be made dependent on contingency, 58. 

Years, Tenant for, 

obligations of, as to repairs, 190. 
fences, 214. 
liability of, for waste, 2<X). 
right to underlet, 235. 

F. C C 




a • — —a 









" ^010 for the Laws of England (if I shall speak my opinion of them 
" without partiality either to my profession or country), for the matter and 
" nature of them, I hold them wise, just and moderate laws: they give to God, 
" they give to Casar, tliey give to the subject what appertaineth. It is true 
" they are as mixt as our language, compounded qf British, Saxon, Danish, 
" Norman customs. And surely as our language is thereby so much the richer, 
" so our laws are likewise by that mixture the more complete." — Lord Bacon. 



in'nn to (Catalogue. 


Abndgment. '*ob 
Petertdorff 36 


SolicUori^. Coombs .. 25 
Law of. Pulling ... 34 

Actions at Law. 

Browne 36 

Kerr 15 

Lush 11 

Willlamt 81 


Practice. Coote ... 7 
Prize Law. Lushington 25 

Robinson 89 

Swabey 39 

Lushington .. 89 
Browning Sc Lush- 
ington 38 


Cutler 12 

Arbitrations (Masters 
and Workmen). 
Loveay 25 

Articled Clerk. 

Examination Journal 40 
Bandy Book. Mosely 19 
Student's Guide. 

Benham 15 


Foreign. Brandon ... 21 


Torrens 83 


Grant 24 

Keyser 35 


BuUey & Bund ... 5 

Davis 29 

Linklater 34 

Robson 27 


Pearce 33 

Smith 32 

Barbados, Law of ... 33 


Hamel 83 

Phillimore 17 

Bills of Exchange. 

Grant 24 


Stephen's 4 

Blockade. Deane ... 84 
Bookkeeping, Solicitors'. 

Coombs 25 

Boundaries. Hunt ... 8 
Brokers. Keyser ... 85 

Inland. Powell ... 82 
Railway. Shelford ... 5 

Chamber Practice, 

Common Law. 

Parkinson 24 

Chancery Practice. 

Hunter 14 

Drafting. Lewis ... 14 
Channel Islands. 

Bowditch 84 

Charitable Trusts. 

Tudor 16 

Church Building. 

Trower 36 

Ciril Law. »a6k 

Coroner. »ao« 

Tonikins and Jencken 16 



Civil Service Exam. 


(Indian). Cutler ... 


In General. Grant ... 


Circumstantial Evidence. 

Municipal. Sewell... 





Code, English Law. 

Law of . Gray 




County Coiuts. 






Equity Practice. Davii 


Colonial Law. 

Criminal Law. 





South Australia 





Curates. Field 


Stephen's Blarkstone' 

Law. Chitty .. 

s 4 





Treaties. Hertslet .. 



Form: Crabb 




Common Form Practice. 



Common Law, 









At Chambers. 







Swabey tt Tristram 






Chitty, Jun 


. 34 















. 15 
. U 





Law of. 

Burder c. Heath 




Hebbert v. Purchas 




Long V. Cape Town 


Consolidation Acts. 

Martin f.MackonochieSe 


. 5 

Westerton c. Liddell 





. 27 






Contraband of War. 

. 84 

Laws of. 








Specific Performance. 





. 28 

English Bar. 

Pearce ... ... 


Introduction to. 




. 14 




. 18 

Draftsman. Lewis .. 



■ 10 

Pleader. Drewry .. 




Suit in. Hunter 



. 15 

See Chancery. 


Christie 18 

Crabb 18 

Rou&e 10 

Shelford 18 

Convictions (Summary), 

Synopsis of. Oke ... 22 


Circumstantial. Wills 


County Court. Davis 
Law of. Powell 
Witts. Wigram .. 



Forms. Oke 

. 23 

Preliminary. Benham 15 

Co-operative Societies 


Journal .. 37,40 
Intermediate and Final. 




Hunt ... ». 



. 19 


Law of. 











Foreshores. pao* 

Hunt 8 

Williamt v. Nicholson 33 


Conveyancing. Crabb .. 18 
Rouse 10 
Magisterial. Oke ... 23 
Pleading. Greening 34 
Probate. Chadwiclc 24 

Friendly Societies. 

Urabrook 10 

Gaius' Koman Law ... 17 

Game Laws, oke ... 22 

Gaming. Edwards ... 35 

Gavelkind. Robinson .. 35 

Guernsey (Law of). 

Bowditch 34 

Highways. Glen ... 28 

House of Lords, 

Practice. May ... 27 
Reiiorti. Clark ... 38 
Digested Indtx to Case*. 
Clark 13 

Idiots. Phillips 28 

Indian Penal Co<le. 

Cutler and Griffin ... 32 

Indian Statute Law. 

Field 32 

Industrial and Provi- 
dent Societies. 
Brabrnok 10 

International Law. 

Deane ... 84 

Hamel 33 

Phillimore 17 

Jersey (Law of ). 

Bowditch 84 

Joint Stock. 

Banks. Grant ... 24 

Companies. Shelfurd 6 


FormofLaw. Holland 30 
Law Magazine 37, 40 

Justice of Peace. Oke 22 

Landlord and Tenant. 
Fawcett .. 37 

Law Exam. Journal 37, 40 

Law Magazine .. 37, 40 

Law Reports (Second- 
hand) 38,39 

Law Studies. 

Cutler's Lecture ... 33 

Francillon 33 

Mosely 19 

Smith 32 

leading Cases, 

Real Property. Tudor 15 

Crabb ... 18 

Rouse 10 

legacy Duties. 

Shelford 19 


Gardner Peerage ... 33 

Life Assurance. 

Blayney 85 

Libel. Starkie 12 

Local Government. 

Glen 29 

Lords Chancellors, &c., 
Catalogue of. Hardy 35 


Lord Mayor's Court. 

Brandon 29 

Lunacy. Phillips ... 28 

Magisterial Law, 

Acts. Davis 32 

Practice. Oke ... 22 
Forms. Oke 23 

Maritime Warfare. 

Deane 34 

Hamel 33 

Marriage Acts. Bum .. 35 

Master and Servant. 

Davis 20 

Master and Workmen. 

Lovesy 25 

Mercantile Accounts. 

Pulling 34 

Militia Laws. Dwyer .. 35 
Mines and Minerals. 

Bainbrldge 81 


Fisher 7 

Rouse 10 

Municipal Elections. 

Sewell 85 

Naturalization. Cutler 9 
Negligence. Saunders .. 9 

Phillimore 35 

Nisi Prius. Leigh ... 34 
Nuisances. Glen .. 29 

Davis 21 

May 27 


Dixon 11 

Pothier 36 


Curtis .. 84 

Norman 33 

Peerage Claim. 

Finlason's Wiltes ... 33 

Lemarchant's Gardner 33 
Petty Sessions. Oke... 22 

Common Law. 
Chitty, Jun. ... 20 

Greening 34 

Williams 31 

Equity. Drewry ... 27 
Lewis ... 14 

Guide. Anstey ... 35 

Poor Law Orders ... 23 


Crabb 18 

Rouge .. _ -.. 10 

Preliminary Examina- 
tion Journal 40 

Priority. Fisher ... 7 
Private Bills. May ... 27 
Prize Law. Lushlngion 25 

Practice. Coote ... 6 
Forms. Chadwick ... 24 
Duties. Shelford ... 19 
Swabey & Tristram 39 
Provident Societies. 

Brabrook 10 

Public Health. 

Glen ... ^ ... 19 

Qaestiona fagk 

On Stephen's Comments. 4 


Redfleld 34 

Shelford 5 

Compensation. Ingram 9 
Carriers. Powell ... 82 

Real Property. 

Tudor 15 

Chart. Fearne .. 35 

Referees' Court Practice. 
Clifford & Stephens ... 12 

Registration. Davis ... 21 

Re]X)rts. (Law) ... 38, 39 


Church and State ... 36 
Supremacy of Crown . 86 

Religious Confession. 

Badeley 36 


Bayford 36 

Bullock 36 

Hamel 36 

Phillimore 30 

Roman Law. 

Gaius 17 

Ortolan 8 

Tomkins 8 

Tomkins and Jencken 16 

Savings Banks. Grant 24 

Sciences (the) and Law 33 

Sea Shore. Hunt ... 8 

Second-hand Law 
Reports ... 33, 89 


Voluntary, d-e. Cutler 33 
Voluntary. Hunt ... 37 

Sewers. Woolrych ... 20 

Sheriff. Sewell 35 

Sheriff 's C<iurt. Davis 29 

Short Hand. Gumey... 34 

Slander. Starkie ... 12 

Solicitors' Bookkeejjing. 
Coombs ..25 

Specific Performance. 
Fry 28 

Stock Exchange. 

Keyser Si 

Succession Duty. 

Shelford 19 

Suit in E<|uity. 

Hunter... ' ... ... 14 

Summary ConAactions. 
Oke 22 

Trades Unions. 

Brabrook ... ..10 

Treaties. Hertslet .. 87 

Trusts, Charitable. 

Tudor 16 

Turnpike Laws, oke 23 

Waters. Hunt 8 


Coote 6 

Crabb 18 

Rouse 10 

Tudor 15 

Wigram ... . 31 


Grant 24 

Shelford . .. 6 

Window Lights. 

Lstham ... m> 16 




Stephen's Blackstone's Commentaxies. — Sixth Edition. 

4 vols. 8vo., £4 : is. cloth. 

ON THE LAWS OF ENGLAND, partly founded on Blackstone. The 
Sixth Edition, by James Stephen, LL.D., of the Middle Temple, Barrister- 
at-Law, formerly Recorder of Poole, and late Professor of English Law at 
King's College, London. 

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"To redeem Blackstone from oblivion, it 
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the acknowledged students' text book, and is 
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Mr. James Stephen, a no less distinguished 
acd painstaking legal writer than his father, 
has with equal skill and research, super- 
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sult is perfectly homogenous and satisfactory. 
Indeed the 'noting up' appears to have been 

done throughout with much ingenuity and in- 
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Blackstone noted up by Stephen." — Law Timet. 

" How careful Mr. James Stephen, the pre- 
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by reference be ascertained. Mr. Serjeant 
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industry, his simplicity and clearness of diction 
has made himself the first tutor to English law 
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ask, with what work am I to commence my 
legal studies ? Here he will find every branch 
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the work an essential to the beginner, but it 
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as well alter as before call or admission. Any 
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feel assured we need do nothing more than 
announce a new edition, to cause an eager 
demand amongst all law students, and indeed 
amongst every one wishing to gain an insight 
into the laws of his country." — Law Examina- 
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every student of the law, whilst practitioners 
will find it to their advantage to consult it 
frequently, since they will find therein the 
law laid down scientifically, concisely, and, 
above all, accurately." — Irith Law Tiine*. 

Questions on Stephen's Blackstone. 

8vo., 10s. dd. cloth. 

on the LAWS of ENGLAND. By James Stephen, LL.D., of the Middle 
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(tone, intended ai it is piincipally for the use 


BuUey and Bund's Bankruptcy Manual: with Supplement. 

121110., Ids. cloth. 

RUPTCY as Amended and Consolidated by the Statutes of 1869: with an 
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Law. With Supplement, including the Orders to 30th April, 1870. 
The Supplement may be had separately, \s. sewed. 

" It would l>e inipossible, within our liniits, lo 
place befdrc our readeis any worthy resume of 
this complete Manual. 1 he essential merit of the 
work iscompleteoess, and we think we may assure 
our readers that work so well done will meet with 
its rewuril." — Law Magatine. 

•"Ihe peculiarity of this b ok seems to be, that 
the parts whirh deal with Diere matters of prac- 
tice, and are founded upon the rulrs, are wonder- 
fully well done. 1 here may be errors or omis- 
.Nions, but w« have loI met with them." — iiuti- 
cilor$' Journal. 

" We are very glad to find that they have not 

adopted the doubtful expedient of editing the 
Act. I'hey have stated the provisions of the Act 
in a practic >l way. so as to save those who have 
to use it the trouble of KropinK amongst sections 
and rules." — County Courlt C/iionicle and Vazetie 
of liaiikruptcy . 

" I'his IS a treatise, not an edition, of the Act* ; 
they have brought together all the decisions 
which are likely to have any bearing on the con- 
struction of the Act. A very complete Index 
makes the work all that the practitioner, be he 
barrister or solicitor, can require."— Laai Timtt. 

Shelford's Law of Railways. — Fourth Edition by Glen. 

In 2 thick vols, royal 8vo., 63s. cloth. 

SHELFORD'S LAW of RAILWAYS ; containin}; the whole 
of the Statute Law for the Regulation of Railways in England, Scotland 
and Ireland : with copious Notes of Decided Cases upon the Statutes, In- 
troduction to the Law of Railways, and Appendix of Official Documents. 
Fourth Edition. By William Cunningham Glen, Barrister-at-Law, 
Author of the " Law of Highways," *' Law of Public Health and Local 
Government," &c. 

From tie Law Maoazinb. 
" Though we have not had the opportunity of 
going conscientiously through the whole of this 
elaborate compilation, we have been able to de- 
vote enough time to it to be able tn speak in the 
highest terms of the judgment and abilit.' with 
which it has been prepared. Its execution quite 
justifies the reputation which Mr. Ulen has 
already acquired as a legal writer, and proves 
that no one could have been more properly 
singled out forthe dutv he has so well discharged. 
'J'/ie work must take its uti</iieiilivua6le poiitiou at 
t/ie leading Manual of the Kailuaff Law of Great 
Britain. I'he cases seem to have been examined, 
and their effect to be stated with much care and 
accuracy, and no channel from which informa- 
tion could I e gained has been neglected. Mr. 
Cilen, indeed, seems to he saturated with know 
ledge of his subject. J he value of the work is 
greatly increased by a number of supplemental 
decisions, which give al' the cases up to the 
time of publication, and by an index which ap- 
pears to be thoroughly exhaustive." 

From tie Law Times. 
" Mr. Glen has done wisely in preserving that 
reputation, and, as far as possible, the text of 
Shelford— though very exien.Mve alter»tions and 
additions have been reqmired. hut he has a 
cl.iim 01 his own. lie is a worthy successor of 
the original author, and possesses much of the 
.<ame imlustry, skill in arrangement and astute- 
ness in eiiunier.iting the points really decided 
by cited cases. Hut we have said enough of a 
work already so well known. It will nave ■ 
place not in the library of the lawyer alone. It 
IS a book which every milway office should 
keep on its shelf for relerence." 

From the Law Journal. 
" Mr. Glen has modestly founded his work as 
asuprrstruciureoii that of Mr. Leonard Sheliord. 
but he has certainly claims to publish it a« a 
purely independent composition. The toil has 
been as great, and the reward ought to be as 
complete, as if Mr. Glen had disregarded all his 
predecessors in the produciioo of treatises on 
railway law. Since toe year 1064 be has been 

unceasingly engaged in collecting materials, and 
though he has been ready for the printer for 
some time, and has delayed the appearance of 
the volumes in the expectation of legislative 
changes io railway law, yet he has expended full 
five years of care and attention on his work. 
Let us hope that he will have no cau.'e to think 
his labour has been in vain. At any rale ae mai/ 
venture to predict that Mr. tunninnham (Jleui 
edition of dhelford on liailwayi will be the iian- 
dard work of our day in that department of laa." 

From the Justice of the Peace. 
" Far be it from us to undervalue Mr. Shelford's 
labours, or to disparage his merits. Hut we may 
nevertheless be permitted to observe that what 
has hitherto been comider d as the ' best work on the 
iuhject' (Shelford) has been immeasurably im- 
proved by the application of Mr. t- ten's dilligeice 
and learning. I>ut)icii'nt, nowei er, has been done 
to show that it is in every lespect worthy of the 
reputation which the work has always enjoyed, 
>*e feel little doubt that the credit of that work 
w 11 be greatly increased by Mr. Glen's instru- 
mentality, and that not only will he have ably 
maintained its reputation by his successful exer- 
tions, but that he will have added materially lo 

i-roni the Solicitors' Journal. 
" The practitioner will find here collected 
together all the eniictmenls bearing on every 
possible subject which may come before him in 
connection with railways or r»ilw»y travelling. 
Whatever questions may arise ihe Liwyer who 
has this book upon his shelves, may say to him- 
self li there has been any legislation at all con- 
nected with this branch of the subject I shall at 
once find it in Sheltord;' and it needs not to be 
said that on ihis account the bo k will be ■ very 
■ comfortable' one lo possess, the colleciioD is 
equallv exhaustive in the matter of rules, orders, 
precedents and documents of official authority, 
lo sum up our review; as a collection of 
statutes and general ioformalioa the work will 
prove extremely useful, becaiijt iu these respects 
It is so perfectly exhaustive." 




Coote's Probate Court Practice.— Sixth Edition. 

Svo., 25s. cloth. 

COMMON FORM BUSINESS. By Henry Charles Coote, F.S.A., 
Proctor in Doctors' Commons, &c. Also a Treatise on tlie Practice of tlie 
Court in Contentious Business. By Thomas H. TrijsTuam, D.C.L., Ad- 
vocate* in Doctors' Commons, and of the Inner Temple. Sixth Edition, with 
great Additions, and including all tiie Statutes, Rules, Orders, &c., to the 
present Time ; together with a Collection of Original Forms and Bills of 

"A book of practice ihalhns arrived at a sixth 
edition needs uo praise. The fact itself is the 
best certiticHie of worth ; for practitioners would 
not have oontinued to use it if it had not been 
lonml entirely adapted for their requirements. 
Of course this has followed the course of all law 
books and Kmwn in bulk with each successive 
edition, as new statutes, new rules of practice, 
and new decisions accumulate year tiy year. ' 
But the authors have not been content with mere 
addition; they have performed diligently the no 
le.-'S ini|ioriant work of paring down rediinilnncies 
and excising the law that has become extinct 
ihrou^h subsequent chinKes It is t/ie book 
on its subject, aud that is the highest praise that 
can be K'^e" to it.''— /^ow Times. 

" Every year the leKsl arena of i)robate prac- 
tice extends itself, •nd the business which was 

up to the end of the year 1857 anionn|)oly in the 
hands of the ancient proctors has now l-ecome 
the common property of the profession. It is uo 
marvel, then, that the book bef' re us has in 
twelve years run through five editions, and that 
the new year of 1071 ushers in the sixth. Nei- 
ther the authors nor the publishers would care 
to deny, that this substantial success is due, in a 
Kreat measure, to the pres>iii)( need that has ex- 
isted for a Kuide to i>robale practice but we may 
also venture to declare, that the success of (he 
work has been brought a^otit a^ much by its own 
iatri:isic excellence as by the (rrenl deiiMnd for a 
work of the kind. Coote's ' l'rot)ale Practice' has 
been the standard wotk for twelve years. Hnd we 
see no reason to doubt that it will maintain its 
present position fur many years to come."— iLaw 

Shelford's Companies. — 2nd Edit, by Pitcaim and Latham. 

8vo., 21s. cloth. 


containing a Digest of the Case Law on that subject; the Companies Acts, 
1862, 18G7, and other Acts relating to Joint Stock Companies; the Orders 
made under those Acts to regulate Proceedings in the Court of Chancery and 
County Courts, and Notes of all Cases interpreting the above Acts and 
Orders. Second Edition, much enlarged, and bringing the Statutes and 
Cases down to the date of publication. By David Pitcairn, M.A , 
Fellow of Magdalen College, Oxford, and of Lincoln's Inn, Barrister-at- 
Law ; aud Francis La'w Latham, B.A., Oxon, of the Inner Temple, 
Barrister-at-Law, author of " A Treatise on the Law of Window Lights." 

" We may at once state that, in our opinion, the 
merits of the work are very great, and we confi- 
dently expect that it will be at least for the present 
the standard manual of joint stock company law, 
'i'hat great learning and research have been ex- 
pended by Mr. Pitcairn no one can doubt who reads 
only a lew panes of the book ; the result nf each 
case which has any bearing upon the subject under 
discussion is very lucidly and accurately stated. 
V-e heartily congr.itulate him on the appearance 
of this work, for wh ch we anticipate a great suc- 
cess. There is hardly any portion of tne law at 
the present day so important as that which re- 
lates to joint stock companies, and that this work 
W'lll be the standard authority on the sulnect we 
have not the .shadow of a doubt." — Laa Journal. 

"After a careful examination of this work we 
are bound to sajr that we know of no other 
which surpasses it in two all-importnnt attri- 
butes of a law bonk : first, a clear conception on 
the part of the author of what he intends to do 
and how he intends to treat his subject ; and 
aecondly, a consistent, laborious and intelligent 
adherence lo his proposed order and method. 
All decisions are noted and euitomised in their 
proper places, the practice-decisions in the notes 
to Acts and Rules, and the remainder in the 

introductory account or digest. In the digest 
Mr. Pitcairn goes into everything with original 
research, and nothing seems to tscape him, tt 
is enough for us that .Mr. Pitcairn's performance 
is able and exhaustive. Nothing is omitted, aud 
everything is noted at the proper p ace. In con- 
clusion we have great pleasure in recommending 
this edition to the practitioner. Whoever nos- 
sesses it, and keejis it noted up, will be armed on 
all parts and points of the law of joint stock 
companies."- io/ifi/orj' Journal 

" Although nominally a second edition of Mr. 
Shellord s treatise, it is in reality an original 
work, the form and arrangement adopted by Mr. 
Shelford have been changed and, we think, im- 
proved by Mr. Pitcairn. A full and accurate in- 
dex also adds to the value of the work, the merits 
of which, we can have no doubt, will be fully re- 
cognized by the profession." — Laa Ma/tazint. 

" ihis book haul always been the vade mecum 
on company law, and will, apparently, long con- 
tinue to occupy thnt position. It is perhaps even 
more useful to the legal practitioner than to the 
man of business, but still it is the best source of 
iiifoi mation to which the latter can go."— i'i>i««- 
cier and Monen Market Kevitu. 





Fisher's General Law of Mortgage. — Second Edition. 

Two vols, roy;;! 8vo., 55s. cloth. 

THE LAW of MORTGAGE, and other Securities upon Pro- 
porty. By William Richard Fishku, of Lincoln's Inn, Esq., Barrister 
at Law. Second Edition, very considerably enlarged. 

" For a length of time it has been received work will receive its due appreciation at tho 
as the best text bcok on the law of mortgages, hands of the profession. A word in conclusion 

and it has recently received the honours of a 
second edition. We have never been nigfrards 
towards Mr. Fisher's very laborious, learned and 
useful treatiise, and we still see no reason to 
retract those commendations or to icduce their 
measure. His book thoroughly deserves the 
character it has won of being the only good 
and complete repertory we have of the law of 
mortgages, and other securities upon pro- 
perty.'" — Ixtic Magazine. 

" The second edition of this book, comprised 
in two volumes of royal octavo, has little 
beyond its paternity to identify it with the 
origirial volume which appeared in 1856. If 
we speak of the author's first essay as merely 
tentative and meagre and partial, it is only to 
draw particular attention to the very complete 
arrangement and copious detail of the edition 

now l)ef()re the public 

and we doubt not that the excellence of the 

is due to the rlearness and simplicity which 
pervades Mr. Fisher's writing. If liis language 
is too often bold and devoid of grace it is never 
obscure, and we think that the absence of 
attractive composition will not in these days 
be accounted a demerit in a treatise designed 
solely for professional purposes, which pos- 
sesses the essential qualities of accurate learn- 
ing and lucid arrangement." — Law Journal. 

"The labour bestowed upon it l)y Mr. Fisher 
will be best understood by this fact. The 
mere list of cases cited in tlie text tills forty- 
three pages in double columns, and the list 
of statute-* and orders cited occupies fifteen 
•pages. We conclude by commending this 
work equally to the practitioner and the stu- 
dent; it will be invaluable to the former for 
reference, to the latter for reading and digest- 
ing." — Law Time*. 

Coote's Admiralty Practice. — Second Edition. 

8vo., 16*. cloth. 

of ENGLAND: also the Practice of the Judicial Committee of Her 
Majesty's Most Honorable Privy Council in Admiralty Appeals, with Forin3 
and Biils of Costs. By Henuy Charles Coote, F.S.A., one of the Ex- 
aminers of the High Court of Admiralty, Author of "The Practice of the 
Court of Probate," &c. Second Edition, almost entirely re-written, with a 
Supplement giving the County Courts Jurisdiction and Practice in Admiralty, 
the Act of 1868, Rules, Orders, &c. 
The Supplemkut containing the County Court Pbactice in Admiralty 

is complete in itself and may be had separately, 2s. served. 
•«• This trork contaim evoij Common Form in use by the Practitioner in Admiralty, as well as every 
description of Bill of Costs in that Court, a feature potsessed by no other work on the Practice in 

was produced for the purpose of illustrating 
the practice of the High Court of Admiralty, 
Just then subordinated to the ' Kules of 18S9' 
drawn up by the late distinguished Judge. 
Since then several important changes have 
been carried out, both in the matter of an 
extended jurisdiction and of practice. These 
changes it has been Mr. Coote's object to in- 
corporate in the present edition of his work. 
In addition he has increased the utility of his 
book by a chapter on the practice of the 
Judicial Committee of the Privy Council in 
Admiralty Appeals, and by a copious set of 
Admiralty precedents, in which it is the 
author's hope and belief that no necessary 
common form has been omitted. The present 
edition apjwnrs very seasonably." — .SAi/<piii;/ 
and Mercantile Gazette. 

" Mr. Coote has the great advantage of ex- 
perience; he has long been a practitioner in 
the court as n proctor; ho is consequently 
familiar with those minutiie of practice which 
mark the distinction between tho student and 
the practical man. 

" Mr. Coote is a successful writer upon the 
Practice of the Probate and the Admiralty 
Courts. His book on the former has reached 
m fifth edition, and the volume befor* ui is 
a second edition." — Lau Times. 

" Mr. Coote, being an Examiner of the 
Court, may be considered as an authoritative 
exponent of the points of which he treats. 
His treatise is, substantially considered, every- 
thing that can be desired to the practitioner." 
— Lam ilagnzine. 

" The book before us is a second and en- 
larged edition of a work on the Practice of the 
Admiralty Court, written by the author some 
ten years ago. It iJ, however, a great im- 
provement on its predecessor, being much 
fuller and more systematically arranged, and 
containing groater facilities for rel'eren<;e. 
The first part of the book is a treatise on tho 
practice of the Court, which appears to us to 
he very carefully done, and to go thoroughly 
into the subject. The second part is a similar 
treatise on the practice of the Judicial Com- 
mittee of the Privy Council in Adiniialty 
matters, written on the same system as the 
former part. The appendix contains a large 
number of common forms and precedents of 
pleadings used in the Court of Admiralty, 
together with bills of costs. Altogether Mr. 
Coote has done his woik very carefully and 
completely, and we think his labours will be 
duly appreciated by Admiralty practitioners." 
— Solieilo's' Journal. 

*■ The first edition of thia excellent work 




Hunt's Boundaries, Fences and Foreshores. — 2nd Edit. 

Post 8vo., I2s. cloth. 

A TREATISE on the LAW relating to BOUNDARIES and 
FENCES and to the Rights of Property on the Sea Shore and in the Beds 
of Public Rivers and other Waters. Second Edition. By Arthur Joseph 
Hunt, Esq., of the Middle Temple, Barrister at Law. 

" There are few more fertile imurces of litiKi- 
tiou than those deBlt with in Mr. Hunt's valu- 
able book. It is sufficient here to sav that the 
volume ouk'ht to b.ive a larKer circulation than 
ordinarily oelonxs to law books, that it ouKhl 
to be found in every country gentleman's library, 
that the cases are bruught down to the latest 
dite, and that it is carefully prepared, clearly 
written, and well edited."— £«» Maxatine. 

" Mr. Hunt chose a good subject for u sepa- 
rate treatise on boundaries and Fences and 
Rights to the Seashore, and we are not sur- 
prised to find that a second edition of his book 

has been called for. The present edition con- 
tains much new matter. The chapter especially 
which treats on rights of property on the sea- 
shore, which has been greatly extended. Ad- 
ditions have been also made to the chapters 
relating to the fencing of the property of mrne 
owners and railway companies. All the c»ses 
which have been decided since the work firm 
appeared have been introduced in their proper 
places. Thus it will be seen this new edition 
has a considerably enhanced value." — Soliciiur^ 

Ortolan's Roman Law, translated by Prichard & Nasmith. 

8vo., 28s. cloth. 
THE HISTORY of ROMAN LAW, from the Text of Ortolan's 
Histoire de la Legislation Roraaine et Generalisation du Droit (Edition of 
1870). Translated, with the Author's permission, and Supplemented by a 
Chronometrical Chart of Roman History. By Iltodus T. Prichard, Esq., 
F.S.S., and David Nasmith, LL.B., Barristers at Law. 

" We know of no work, which, in our opinion, 
exhibits so perfect a model ol what a textbook 
ought to be. iif the translation before us, it is 
enough to say, that it is a laithful representation 
of the original." — Law Magazine. 

" Ihis translation, from its great merit, de- 
serves a warm reception from all who desire to 
be acquainted wiih t'.e history and elements of 
Uoman law, or have its interests as a necessary 
l>art of sound legal education at heart. W ith re- 
gard to that great work it is enough to say, that 
English writers have been continually in the 
habit of doing piecemeal what Messrs. I'richard 
and Nasmith have done wholesale. Vlithertowe 
have had but gold-du!^t from the mine; now we 
are fortunate 'nobtainingauugget Mr. Nasmith 
is already known as the designer of a chart of 
the history of England, which nas been generally 

approved, and bids fairly for exteniive adoption." 
— Laa Journal. 

" We are extremely glad to welcome the ap- 
pearance of a translation of any of the works of 
Al. Urtolan, and the history and generalization 
of Koman law, which are now presented to us 
in Fnglish, areperhaps the most u.sel'ul books 
that could be offered at the present time to stu- 
dents of the Homan law. the utility of Honian 
law, as an instrument of Ic^al education, is now 
generally admitted. The Lo^lish of the book is 
unusually free from foreign idiomswhich sooften 
disfigure translations. The book itself we strongly 
recommend to all who are interested in Konmn 
law, jurisprudence or history, and who are not 
sufficiently familiar with French, to be able to 
read the original with ease." — Solicilort'Jimrnat. 

Tomkins' Institutes of Roman Law. 

Part I. royal Svo. (to be completed in Three Parts) 12s. cloth. 


The Sources of the Roman Law and its external History to the decline of 
the Eastern and Western Empires. By Frederick J. Tomkins, M.A., 
D.C.L., Barrister-at-Law, of Lincoln's Inn. 

" This work promises to be an important and 
valuable contribution to the study of the Koman 
Law." — Law Magazine. 

"Of ail the works on the RomRn law we 
believe this will be the best suited to law stu- 
dents. Mr. I'omkins gives us a simple Knglish 
history of Koman Law, airanged most lucidly 
with mart-'inal notes, and primed in a form cal- 
culated for easy reading and retention tn the 
memory. We welcome the book of Mr. Tom- 
kins. It is calculated to promote the study of 
Koman Law; and both at the I niversities and in 
the Inns of Court it is a work which may safely 
and beneficially be employed as a text book." — 
Ijia Timer. 

" 1 his work is pronounced by its author to be 
strictly elementary. But in regard to the labour 
bestowed, the research exercised, ao<l the ma- 
terials brought together, it seems to deserve a 
more ambitious title than that of an elementary 
treatise. The chapter on legal in.struciion, de- 
tailing the systems of le^'al education pursued 
in the various epochs ol Home, reflects great 
credit on the author, and so far as we know is 
purely original, in the sense rhat no preceding 

English writer has collated the matter therein 
contained." — Laa Journal, 

" Mr. Tomkins has chosen his subject wisely 
in at least one respect, there can be no doubt 
that a good introductory treatise on the Homan 
law is sorely needed at present. The present 
part is only an instalment. I>ut the jiresent part 
IS unquestionably both valuable in if>elf and of 
good promise for the future. We know of no 
other book in which anything like the same 
amount of information can be acquired with the 
same ease. We shall look with great interest 
for the publication of the remainder of this 
treatise. If the second part is as well executed 
as the first and hears a due proportion to it, we 
think the work bids fair to become the standard 
text bonk for English students." — Solicuerr' 

" The study of this volume is necessary to all 
who wish to be properly acquainted with the 
history and literature of the Koman law." — 
Jris/i I^a Times. 

" Mr. Tomkins has produced a book that was 
long needed. — Law Jizamina'ion litporitr 





Saunders* Law of Negligence. 

1 vol., post 8vo., 9.?. cloth. 

A TREATISE on the LAW applicable to NEGLIGENCE. 

By Thomas W. Saunders, Esq., Barrister at Law, Recorder of Bath. 

' Tlie book is admirable; while small ia 
bulk, it contains everything that is necessary, 
and its arrangement is surh that one can 
readily refei to it. Amongst those who have 
done good service, Mr. Saunders will find a 
place." — Lav Magatine. 

" In the useful little volume now before us 
he has gathered ihc whole law of negligence ; 
arranced it scientifically; set forth all the 
decisions; enunciated, wherever possible, the 
principles uf each, and stated them in the shape 
of propositions which may now be deemed to 
be established. Mr. T. W. Saunders is well 
Known as a large contributor to legal literature, 
and all his works are distinguished by pains- 
taking and accuracy. This one is no exception; 
and tlie subject, wliidi is of very extensive in- 
terest, will insure for it a cordial welcome from 
the profession.' — Laa Timet. 

" The references to the cases are given much 
more fully, and on a more rational system 
than is common with text book writers. He 
has a good index. Mr. Saunders has been 
h.<ppy in the choice of a subject; he has pro- 

duced a work which will facilitate reference to 
the authorities." — Solicilon' Journal. 

"... the carefully prepared and practic.dly 
usfful volume now under notice. As a work of 
reference the book will be very welcom-i in lh»! 
olSce of the solicitor or in the chambers of the 
barrister." — Morning Advertiser. 

" A short and clear treatise like the present 
on the law relating to the subject ought to oe 
welcomed. It is a moderate size volume, and 
makes references to all the authorities on the 
(|uestion easy." — Standard. 

" It is a great advantage to the I'g^l pro- 
fession to find all the law of negligence col- 
lected and arranged in a manual uf rea.sonahle 
size. Such is Mr. Saunders' book." — Public 

" A serviceable and seasonaMe treatise ou 
the law of uf gligeuce, by Thomas W. S.iuudeis, 
Esq., Recorder of Bath." — Telegraph. 

" A cnreful treatise ou a branch of law which 
is daily acijuiring importance. The manual 
before us is a useful treatise." — Echo. 

Ingram's Law of Compensation. — 2nd Edit, by Elmes. 

Post 8vo., 12i. cloth. 


being a Treatise on the Law of the Compensation for Interests in Lands, &c. 
payable by Railway and other Public Companies ; with an Appendix of 
Forms and Statutes. By Thomas Dunbar Ingram, of Lincoln's Inn, Esq., 
Barrister at Law, now Professor of Jurisprudence and Indian Law in the 
Presidency College, Calcutta. Second Edition. By J. J. Elmes, of the 
Inner Temple, Esq., Barrister at Law. 

" We say at once that it is a work of great satiou for it, cannot fail to perform his duty 
merit. It is a concise, clear and complete ex- 
position of the law of compensation applicable 
to the owners of real property and railway and 
other companies." — Laa Magatine. 

" Whether for companies taking laud or hold- 
ing it, Mr. Ingram's volume will be a welcome 
guide. With this iu his hand the legal adviser of 
a company, or of an owner and occupier whose 
property is taken, and who demands compen- 

Cutler's Law of Naturalization. 

12mo., 3s. (ad. cloth. 

THE LAW of NATURALIZATION; as Amended by the Acts 
of 1870. By John Cutler, B.A., of Lincoln's Inn, Barrister at Law, 
Editor of " Powell's Law of Evidence," &c. 

"The author's position as Professor of English the present state of the law upon this roost im- 

rightly." — Lnw Timet. 

" 'i'liis work appears to be carefully prepared 
as regards its matter. This edition is a third 
larger than the fiist ; it contains twice as many 
cases, and an enlarged index. It was much 
called for, and doubtless will be found very 
useful to the practitioner." — Laa Magaiine, 
tecond notici. 

Law and Jurisprudence is a guarantee of his 
legal competence, whilst his literary abilities 
have enabled him to clothe his legal knowledge 
in language which laymen can understand with- 
out being misled by it." — John Bull. 

" Mr. Cutler, iu the work before us, lucidly 
explains the state of the law previous to the 
recent statute, and shows the alterations pro- 
duced by it, so that a careful perusal of this 
book will euablc the reader fully to comprehend 

porlant subject." — Juitiet of the Peace. 

" This little work will be found of use to our 
countrymen resident abroad, as well as to 
foreigners resident in this country." — Piiilic 

" The book is a model of what « treatise t>( 
its kind should br." --Sundaf Tunes. 

" A very convenient hand book to the law 
of naturalization, as amended by ihe AcU of 
lS;0."—H'*etlf Timet. 





Brabrook's Co-operative and Provident Societies. 

12mo., 6s. cloth. 

SOCIETIES, including the Winding-up Clauses, with a Practical Intro- 
duction, Notes, and Model Rules, to which are added the Law of France on 
the same subject, and Remarks on Trades Unions. By Edwahd W. 
Brabrook, F.S.A., of Lincoln's Inn, Esq., Barrister at Law, Assistant 
Registrar of Friendly Societies in England. 

" It maybe nsefully consulted by practitioners 
desirous of learning sometbing more upon the 
subject than is to be found in works on pariner- 
ship and joint stock companies. The book is 
thoughtfufl.v written, and wc recommend it to 
those who desire to team something practical 
about the work which these societies are nieaDt 
to do and the way in which it is tu be done.*' — 
Hvlicilors' Journal. 

" Mr. Brabrook's little work on these societies 
is opportune, and the Matistics and information 
contained in it are valuable and inierestinK, 
'i here is a chapter devoted to practic&l advice, 

in which are contained roao^ valuable and im- 
portant hints."— Lau> Maxazine, 

" .Mr. Itrahrook brinifs not merely ofTicial know- 
ledge of his legal position as the barrister rccenily 
nppointed to assist Mr. lidd J'ratt, Kcglstmr of 
(riendly Societies in England, but the devotion 
of many years to a practical study of our in- 
dustrial and provident institutions.' — Pott 

" The author speaks with practical experience 
and authority." — Ot'errer. 

" The clear exposition made by Mr. Brabrook 
in this volume supplies all the requisite informa- 
tion, and persons interested in the subject will do 
well to coDsnU its pagits."—Keat ofiAt World . 

Rouse's Conveyancer. — 3rd Ed. with Supplement to 1871. 

Two vols. 8vo., 30*. cloth. 
The PRACTICAL CONVEYANCER, giving, in a mode com- 
bining facility of reference witli general utility, upwards of Four Hundred 
Precedents of Conveyances, ^Mortgages and Leases, Settlements, and Mis- 
cellaneous Forms, with (not in previous editions) the Law and numerous 
Outline Forms and Clauses of Wills and Abstracts of Statutes affecting 
Real Property, Conveyancing Memoranda, &c. By Rolla Rouse, Esq., of 
the Middle Temple, Barrister at Law, Author of "The Practical Man," &c. 
Third Edition, greatly enlarged. With a Supplement, giving Abstracts of 
the Statutory Provisions aflfecting the Practice in Conveyancing, to the end of 
1870; and the requisite Alterations in Forms, with some new Forms; and 
including a full Abstract in numbered Clauses of the Stamp Act, 1870. 
The Supplement separately, jrrice Is. (jd. sewed. 
" The best test of the value of a book written rtatler a sort of bird's eye view of each instru- 

professedly for practical men is the practical 
one of the iiiitnber of editions through which 
it pusses. The fact that this well-known work 
has now reached its third shows that it is con- 
fcidered by those for whose convenience it was 
written to fulfil its purpose well." — Law 

'• This is the third edition in ten years, a 
proof that practitioners have used and ap- 
proved the precedents collected by Mr. Rouse. 
In this edition, which is greatly enlarged, he 
has for the first tiine introduced Precedents 
of Wills, extending to no less than 116 pa^^es. 
We can accord unmingled praise to the con- 
veyancing memoranda showing the practical 
eflect of the various statutory provisions in the 
dilTerent parts of a deed. I flhe two preceding 
editions have been so well received, the wel- 
come given to this one by the profession will 
be heartier still " — Late Times. 

" So far as a careful perusal of Mr. Rouse's 
book enables us to judge of its luiTits, we think 
that as a collection of precedents of general 
utility in cases of common occurrence it will 
be found satisfactorily to stand the application 
of the lest. The draftsman will find in the 
Practical Conveyancer precedents appropriate 
to all instruments of common occurrence, and 
the collection appears to be especially well 
supplied with those which relate to copyhold 
estates. In order to avoid useless repetition 
and also to make the precedents as ^limple as 
possible, Mr. Rouse has sketched out a ntim- 
ber of outline drafts to a« to present to the 

mcnt and show him its form at a glance. 
Each paragraph in these outline forms refers, 
by distinguishing letters and numbers, to the 
clauses in full required to be inserted in the 
respective parts of the instrument, and which 
are given in a subsequent part of the work, and 
thus every precedent in outline is made of 
itself an index to the clauses which are neces- 
sary to complete the draft. In order still 
further to simplify the arrangement of the 
work, the author has adopted a plan (which 
seems to us fully to answer its purpose) of 
giving the variations which may occur in any 
instrument according to the natural order of 
its different parts." — Laic Jotirmil. 

" That the work has found lavor is proved 
by the fact of our now having to review a third 
edition. This method of skeleton precedents 
appears to us to be attended with important 
advantages. To clerks and other young 
hands a course of conveyancing under .Mr. 
Rouse's auspices is, we think, calculated to 
prove very instructive. To the solicitor, es- 
pecially the country practitioner, who has 
often to set his clerks to work upon drafts 
of no partictilar dilliculty to the exi>erienced 
practitioner, but upon which they the said 
clerks are not to be quite trusted alone, we 
think to such gentlemen Mr. Rouse's collec- 
tion of Precedents is calculated to prove ex- 
tremely serviceable. We repeat, in conclusion, 
that solicitors, especially thoie practising in 
the country, will find this a useful work." — 
Solieilors' Journal. 





Dixon's Law of Partnership. 

1 vol. 8vo., 22s. cloth. 

Joseph Dixon, of Lincoln's Inn, Esq., Barrister at Law. Editor of 
" Lush's Common Law Practice." 

"It is with considerable Rratificatioii that 
we i\n(X llie subject treated by a writer of Mr. 
Dixon's reputation for learninp;, accuracy and 
painstaking. Mr. Lindley's view of tlie sub- 
ject is that of a philosophical lawyer, Mr. 
Dixon's is purely and exclusively practical 
from beginning to end. We imagine that very 
few questions are likely to come before the 
practitioner which Mr. Dixon's book will not 
be found to solve. Having already passed our 
opinion on tlie way in which the work is car- 
ried out, we have only to add that the value of 
I he hook is very materially increased by an 
excellent marginal summary, and a very co- 
pious index." — Law Mai/azine and Iteview. 

" Mr. Dixon has done his work well. The 
book is carefully and usefully prepared." — 
Soticilnrs' Journal, 

" Mr. Dixon enters into all the conditions of 
partnerships at common law, and defines the 
rights of partners among themselves ; the 
rights of the partnership against third per- 
sons; the rights of third persons against the 
tiartner>hip ; and the rights and liabilities of 
individuals, not actually partners, but lia))le 

to be treated by third persons as partners." — 
The Times. 

" We heartily recommend to practitioners 
and students Mr. Dixon's treatise as the best 
exposition of the law we have read, for the 
arrangement is not only artistic, but concise- 
ness has been studied without sacrifice of clear- 
ness. He sets forth the principles upon which 
the law is based as well as the ca.tes by wh'ch 
its application is shown. Hence it is something 
more than a digest, which too many law books 
are not : it is really an essay." — Law Times. 

" He has evidently bestowed upon this 
book the same con^^cientious labour and 
painstaking industry for which we had to 
compliment him some months since when 
reviewing his edition of Lush's ' Practice of 
the Superior Courts of Law,' and, as a re- 
sult, he has produced a clearly written and well 
arranged manual upon one of the most imiior- 
tant branches of our mercantile law."— Zuio 

" The matter is well arranged and the work 
is carefully executed." — Alhenccum. 

Mr. Justice Lush's Common Law Practice.- 
Edition by Dixon. 


2 vols. 8vo., 46s. cloth. 

COMMON LAW at WESTMINSTER, in Actions and Proceedings over 
which they have a common Jurisdiction : witii Introductory Treatises re- 
specting Parties to Actions; Attornies and Town Agents, tlieir Qualifica- 
tions, Rights Duties, Privileges and Disabilities ; the Mode of Suing, 
whether in Person or by Attorney in Forma Pauperis, &c. &c. &.C.; and an 
Appendix, containing the authorized Tables of Costs and Fees, Forms of 
Proceedings and Writs of Execution. Third Edition. By Joskpu Dixon, 
of Lincoln's Inn, Esq., Barrister at Law. 

" This is HU excellent edition of an excellent siderable advantage to the author, it larcely 

increased the number of his clients. Wlien 
Dew editions were called fur, Mr. Lush was 
too occupied with briefs to find time for tlie 
piepiiration of books, and hence the association 
of ills name wiili tliat of Mr. Dixou as tditor, 
Hud by wliom tlie new edition ii»s been pro- 
duced. The index is very copious uud^ompletp. 
Under Mr. Dixon's care Lush's I'riictice wiH 
not merely maintain, it will largely extend its 
rcputHtion." — Lato 'Timet. 

"The profession cannot but welcome with 
the greatest cordiality and pleasure a third 
edition of their old and irucli valued friend 
' Lusli's Practice of the Superior Courts of 
Law.' Mr. Dixon, in prrpaiing this edition, 
hhs gone back to the oiiginal work of Mr. 
Justice Lusli, and, as far us the legislative 
changes and decisions of the last tweuiy-6vr 
yeiirs would allow, reproduced it. This adds 
grc.itly to the value of this edition, and at Ibr 
Same tune speaks volumes for Mr. Dixon's 
cuuscirutious labour." — Xav Jvurmal. 

work. He has effected a most successful 
' restoration.' Altogether, both in what be li^s 
oinitti'd and wliat he has added, Mr. Dixou has 
been guided by sound discretion. We trust that 
the gieat and conscientious labours ho has un- 
dergone will be rewarded. He has striven to 
make his work ' thorough,' aud because he has 
done so we take pleasuie in heartily recom- 
mendini; it to every member of both branches 
of the profession." — Soliciiom' Journal. 

" Lusli's I'ractice is wbatTidd's I'ractice was 
in our days of clerkship, aud what Arclibold's 
I'ractice was in our early professional days — 
the practice iu geueral use, and the received 
authority on the sulijett. It was written by 
Mr. Lush when he was onlv a juiiinr rising 
into forluoe and fame His practical know- 
ledge, his clearnrss and industry, were even 
then acKuowledgrd, aud his name secured fur 
his work an inimi-Uiatf pujiularily, which ex. 
prrieiice lias lunlirmed and i ttciided. Utl 
the work was, ia its turn, productive of con- 





Cliflford and Stephens's Practice of Referees Court, 1871. 

Vol. L and Vol. II. Part I., royal 8vo., 38*. cloth. 

VATE BILLS in PARLIAMENT, with Reports of Cases as to the locus 
standi of Petitioners during the Sessions 1867-8-9 and 70. By Frederick 
Clifford and Pembroke S. Stephens, Barristers- at- Law. 

" The authors point out In their preface that 
none of the decisions of 1867 or later years are 
included in the previous works on the subject. 
They are accordingly reported in the work 
before us, arranged in six groups. The his- 
tory and practice of the subject are detailed 
tersely and accurately, and in a very intelli- 
gible manner, in the treatise. To counsel or 

agents engaged in parliamentary practice the 
■work will prove extremely serviceable." — 
Solicitors' Journal. 

"The reports, forming the most important 
part of the volume, are given with fulness and 
accuracy, so lar as we can Judge, and are of 
themselves a sufficient recommendation to the 
volume." — Lau) Journal. 

Vol. II. Part I., containing the Cases decided during tlie Session 1870, 
may he had separately, 10». sewed. 

Starkie's Law of Slander and Libel.— 3rd Edition. 

One thick vol. medium Svo., 42*. cloth. 

COURT, &c. ; also the Pleading and Evidence, Civil and Criminal, with 
Forms and Precedents. Third Edition. By H. C. Folkard, Barrister-at- 

" No one will fail to see that there were 
ample reasons tor a new edi.ion of this valu- 
able work ; aud upon refprenre to this rdition 
it will he tuuud that Mr. Fulkard has performed 
liis task carefully ai.d well. It is well that such 
a ueatise should have been re-edited, and it is 
well that It should have been edited by so 
careful and paiustakiog a man as Mr. Folkard." 
'-Law Magatine. 

" Thirty-nine years have gone by and now 
Mr. Folkard has brought out a third edition 
and certainly the first glance of the new book 
gives the impression of pains uuspared. In 
point of bulk it contains more than twice as 
much mattrr as the edition of 1830. With the 
present volume before them, the law otiiters 
uf the ciown, and lawyers generally, will be 
saved au infiuite amount of labour iu search of 
precedents. No one can say that Mi. Folkard 
has failed iu the full discharge uf his onerous 
duty, and we are sure that he will earn, as he 
will obtain, the gratitude of the profession."— 
Las Journal. 

" It has been most laboriously executed, and, 
as far as we have been able to examine, the 
modern cases, down to the very latest, and to 
the most obs<.urr, have all been collected, and 

have, on the whole, been accurately set out. 
The profession may we tliink be pretty con- 
fident that whatever has been decided upon the 
law of libel will be found there." — Hoiicilort' 

" It was requisite that the profession should 
be supplied with a new edition uf this standard 
work upon the subject, which should bring 
dnwn the law to the most recent period, and 
when we state tliat the present editor has so 
carefully gathered together all the authorities 
that he has not even omitted the case of Wason 
r. Walter, reported in our last number, which 
will in future be regarded as a leading case, we 
mention a fact which is a guarantee for the great 
care which has been devoted tu this work. It 
would be dithcult to find any part of his sub- 
ject which Mr. Fulkard has noL fully investi- 
gated, and tlie result is a valuable addition to 
the lawyer's library which for many years has 
i>eeu much needed." — Juttice of the Peace. 

" This edition is of much greater value than 
either of the two which preceded it. In con- 
clusion we may do that which is now scarcely 
necessary, recommend Mr. Folkard's work to 
the profession and the public. It is, as now 
^dit«d, very vaiuable."— i&a» TiiMt. 




Clark's Digest of House of Lords Cases. 

Royal 8vo., 3 If. 6d. cloth. 

of LORDS from tlie commencement of the Series by Dow, in 1814, to the 
end of tlie Eleven Volumes of House of Lords Cases, with references to more 
recent Decisions. By Chaklks Clark, of the Middle Temple, Esq., 
Barrister nt Law, Reporter by Appointment to the House of Lords. 

" The decisions of the supreme tribunal 
of thii country, however autlioritative in 
themselves, were not, until of late years, at 
all familiar to the y;reat body of the legal pro- 
(ession ; the early reports of them bein;? in the 
hands of but few persons. In that tribunal, 
more than in any o.her, questions can be con- 
sidered, as they liave l>een, upon purely legal 
principles, freed from the letters and obstruc- 

tions of mere precedent. The acknowledged 
eminence of the noble and learned persons by 
whom the decisions have been pronounced, 
gives them a value beyond their oflicial autho- 
ritativeness. It is hoped that this Ditjest will 
have the effect of making the profession at 
large familiarly acquainted with them." — Pre- 
fatory Notice. 

Barry's Practice of Conveyancing. 

8vo., 18*. cloth. 


By W. Whittaker Barry, Esq., of Lincoln's Inn, Barrister at Law, late 
Holder of the Studentship of the Inns of Court, and Author of " A Treatise 
on the Statutory Jurisdiction of the Court of Chancery." 

Chap. 1. Abstracts of Title. — Ch«p. 2. Agrerraents. — Chap. 3. Particulurs and Conditions of 
Sale. — Chap. 4. CopyhoMs. — Chap. 5. Covenants. — Chap. 6. Creditors' Deeds and Arrtiiige- 

nienis. — Chap. 7. Preparation of Deeds Chap. 8. On Evidence. — Chap. y. Le<iSFS. — Chap. 

10. JMortKitges. — Chap. II. Pai tnei ship Di'e<ls and Arrangements Chap. 12. Sxles and Pur- 
chases. — Ch\p. 13. .Settlements.— Chap. 14. Wills.— Chap. 15. The Land Ilfgisiry Act, 
25 & 26 Vict. c. 53. — Chap. 16. The Act lor obtaining a Declaration of Title, 25 & C6 Vict, 
c. 67 INUBX. 

"The author of this v;ilual)1e treatise on con- 
veyancing h»s most wisely devoted a considerable 
part of his work to the ptacilcal illtistralion of 
the working of ih« recent Slatuteson Kegi.'.tratiou 
of Tiile— and for this, as well as for other rea- 
sons, we feel hound to strongly recoiiiinend it to 
the practitioner as uell as (he student. I'he 
author has proved hinl^elf to be a master of the 
sul>jec(, for be not only gives a most v^iluable 
supply of practical suggestions, but criticises 
them with much ability, and we have no doubt 
that his criticism will meet with general ap- 
jiioval." — Law Magazine. 

" Ihe author introduces a work which will be 
found It very acceptable addition to the law 
library, and to supply a want which we think 
has hitherto been lelt. It contains, in a concise 
and readable form, the law relating to >lmosc 
every point likely to arise in the ordinary every 
day practice of the conveyancer, with rtfereiices 
to the various and statutes to (he 
latest date, and niav be ilescrilied rs a uiannal of 
practical conveyancing."— i«a) Juurnal. 

" I his treatise supiilies a waut which has long 
heen felt, there has l>een no treadse on the 
Practice of Conveyancing issued for a long time 
past (hn( is udrquaie I'orthe present requirenien(s. 
Mr. Harry's work is essendally what it profe-ssrs 
to be, a treatise on (ne I'raciice of Conveyancing, 
in which the theoretical rules of real proprrtv 
law are referred (o only for (he purpose of eluci- 
dating the practice. Mr. Harry ap|>ears to have 
a very accurate insight into the practice in every 
dopartment ofourreal propertysvstem. Althongn 
we cannot bnnst, like Duval, of having ever read 
abstracts of title with plea.'ture. we hsvecerlainlv 
read Mr Harry's chapter on abstracts and nu- 
merous other parts of his work with very con- 

siderable satisfaction on account of the learning, 
great familiarity with practice, and power of ex- 
pusiiion of its author. Ihe treatise, although 
capable of conipressiiii.isibe production of a per- 
son of great merit and still greater promise." — 
Solicitois' Jo'iTnal. 

_" Ihe Author's design was to do for the prac- 
tice of conveyancing what Mr. Joshua VVilliams 
has done for its principles, to describe it simply, 
clearly and succinctly, recol'ecting (hat i e was 
only laying the foundation and not crowning (he 
edifice. A work the substance of which is so 
well known to our reader*, needs no rcconi- 
niendation frnni us, f>r its merits are pntmt (o 
all. from personal aciiuaintance with them, Ihe 
information that the treatise so much admired 
may now be had in the more convenient form of 
a book, will sutHce ol itsell to secure a laige and 
eager demand for it." — Imui 'I'imts. 

" Ihe work is clearly and agreeably writieo, 
and ably elm idates the subject in hand."— Jm«- 
lice oj lie Peace. 

" The work is the most important and best trea- 
tise on conveyancing that now exists, and the stu- 
dent can have no betier authority ihan .Mr. Harry 
to get himself well up in conveyancing. Nor can 
the legal practitioner, and especially country .loli- 
citors, find a sxfer l>ook of reference in praciice 
(han .Mr. Harry's very valuable (realise. —Arwj 
of ihe H'orld. 

" We must content ourselves with (he state- 
ment that the present is a work of very great 
ability. There is no modern work which JeaU 
wiih precisely the same subj.ct, und we hive uo 
doubt whatever that this will prove a book of 
very great value, both to the practitioner and to 
the slHden;-i(law."— .l/Am^ww. 



Hunter's Suit in Equity.— Fifth Edition. 

Tost 8vo., I0<. (>rf. clotli. 

SUIT in EQUITY. With an Appendix of Forms. By Sylvestkii 
J. Hunter, B.A.. of Lincoln's Inn, Barrister at Law. Fiftli Edition. By 
G. W. Lawhance, M.A., of Lincoln's Inn, Barrister at Law. 

" ' Hunter's Suit in Equity' is an excellent us, for iti iitandard merit is too well known to 

book lot students. It is reaily an indispen- 
sable for the chancery part of the lawyer's 
education. It is a great exc<-llence of this 
work, that while riaking everything clear and 
giving substantially sutticient information, its 
writers have been able to strike the happy 
mean between too (jreat compression and em- 
barrassing exuberance of detail." — Solicitors' 

" We presume that the continued demand 
for a volume of so essential utility to students 
of equity, rather than the necessary incorpo- 
ration of any new matter, has occasioned the 
publication of a new edition. The alterations 
and adaitions to clianrery practice and proce- 
dure which have been made during the last 
three years by statute and by general orders of 
the lourt are embodied in their proper places 
in the present edition. In other respects we 
need pass no encomiums on the work before 

Lewis's Introduction to Equity Drafting. 

Post 8vo., 12s. cloth. 

of Forms. By Hubert Lewis, B.A., of the Middle Temple, Barrister at 
Law ; Author of " Principles of Conveyancing," &c. 

•»* This Work, intended to explain the general principles of Equity Drafting, as well as to 
exemplify the Pleadings of the Court of Chancery, will, it is hoped, be useful to lawyers 
resorting to the Xetc Equity Jurisdiction of tlie County Courts. 
" We have little doubt that this work will soon any title, be retained in the new jurisdiction, — 

require commendation." — Laic Journal. 

" Changes h»ve compelled the recasting of a 
considerable portion of Mr. Hunter's excellent 
outline of the proceedings in a suit in equity, 
which has become a text-bo}k with the law 
student. This work has been well dune by 
Mr. Lawrance, who has strictly preserved the 
scheme of the original sketch, while adapting 
it to the various changes that have been made. 
All former editions must be at once exchanged 
for this one." — Latp Timet. 

" As an excellent introduction to Ihe study 
of chancery practice the book has established 
its position, and we think the editor has done 
wisely in merely introducing such amend- 
ments as the alteration in the law by statutes 
and orders requires, and abstaining from any 
attempt to make it a manual of practice." — 
Law Magazine. 

gain a favorable place in the estimation of the 
orofession. It is written in a clear attractive 
style, and is plainly the result of much thoughtful 
and conscientious labour." — Law AJagazitie and 

" .Mr. Lewis's work is likely to have a much 
wider circle of readers than he could have 
anticipated when he commenced it, for almost 
every p^ige will be apiilicable to t'ounty Court 
Practice, should the bill, in any shape or under 

without it we fear that equity in the County 
Courts will be a mass of uncertainty,— with it 
every practitioner must learn the art of equity 
drafting, and be will find no better teacher than 
Mr. Lewis " — Laa Timet. 

"This will, we think, be found a very useful 
work, not only to students for the t>ar and 
solicitors practising in the County Courts, as 
anticipated by the author, but also to the equity 
draftsman."— Z.a» Journal. 

Lewis's Introduction to Conveyancing. 

8vo., 18*. cloth. 

PRINCIPLES of CONVEYANCING explained and illus- 
trated hy Concise Precedents ; with an Appendix on the effect of the Trans- 
fer of Land Act in modifying and shortening Conveyances. By Hubert 
Lewis, B.A., late Scholar of Emmanuel College, Cambridge, of the Middle 
Temple, Barrister at Law. 

" The preface arrested our attention, and the 
examinatioa we have made of the whole treatise 
bds givrn us (what msy be called a uew sensation) 
pleasure in the perusil of a work on Convey- 
ancing. We have, indred, read it with pleasure 
aud profit, and we may say at once that Mr. lewis 
is entitled to the credit of ha^ ing produced a 
very useful, and, at thcsame time, original work. 
'Jhis will appearfrom a m>>re outline of hisplan, 
which is very ably worked out. 1 he manner in 
which his dissertations elucidate his subject is 
clear and practical, and his expositions, with the 
help nf bis pr.-ce(leQts, have the best of all 

aualities in such a treatise, being eminently ju- 
icious and substantial. Mr. Lewis's work is 
coDceived in the right spirit. Although a learned 
and goodly volume, it may yet, with perfect 
pro)iriety, be called a 'handy book.' It is 
besides a courageous attempt at legal improve - 
mem ; and it is, perhstps, by works of such a 
characier that law reform may be best accom- 
plished."— /wiw Maguzine and Reviea. 

" It was still fell that a work explanatory and 
illustrative of conveyancingprecedems remained 

3i dtsideratwn. Mr Lewis proposes to supply this 
want in the work now before us 1 he l>ook will 
be of the greatest use to those who have some an- 
tecedent knowledge of real property law, but who 
have not had much experience in the preparation 
of convtyances. ' How to do it' might well be 
the motto of the author, and certainly no ordi- 
nary lawyer can peruse Mr. Hubert Lewis's lK>ok 
without making himself much more competent to 
preiiare and understand conveyancing than he 
was before. On the whole we consider that (he 
work is deserving of high praise, both for design 
and execution. It is wholly free from the vice 
of book making, aud indicates considerable re- 
flection and learning. .Mr. Lewis has, at all 
events, succeeded in producing a work to meet 
an acknowledged want, and we nave no doubt he 
will find many grateful readers amongst more 
advanced, not less than amonx younger, students. 
In an appendix, devoted to toe Land Transfer 
Act of last session there are some useful and 
novel criticisms on its provisions." — Holicitort' 





Kerr's Action at Law. — Third Edition. 

rimo., lii.f. cloth. 
AN ACTION AT LAW : being an Outline of the Jurisdiction 
of the Superior Courts of Common Law, with an Elementary View of the 
Proceedings in Actions therein. By Robekt Malcolm Kerr, Barrister 
at Law; now Judge of tlie Sheriff's Court of the City of London. Third 

" I'here is considerable merit in both works 
(John WillianiSniitb'sani IMkIcoIqi Kerr's); but 
the second (Kerr) has rather the advantage, iu 
being more recent, and puldished since the Com- 
mon Law I'rncedure Act, {adit "—Jurist. 

" Mr. Kerr'sibuolc is more lull and detailed than 

that of Mr. John William Smith, and is therefore 
better adapted for those who desire to obtain not 
merely a general notion but also a practical ac- 
quaintance with Common Law I'rocedure " — 
Solicitors' Journal, 

Tudor's Leading Cases on Eeal Property, &c.— 2nd Edit. 

One thick vol. royal 8vo., 42s. cloth. 

RELATING to REAL PROPERTY, Conveyancing, and the Construc- 
tion of Wilis and Deeds ; with Notes. By Owen Davies Tudor, Est]., ' 
of the Middle Temple, Barrister at Law. Author of " A Selection of Lead- 
ing Cases in Equity." Second Edition. 

" The Sfcontj Edition is now before us, and 
we are able to say that the same extensive 
knowledge and the iame laborious industry as 
have been exiiibiced by Mr. Tudor on former 
occasions chauicterize this later production of 
his lei;al authorship; and it is euouRli at this 
monieul to reiterate an opiniuu that Mr. Tudor 
has well maintained the high legal reputation 
which his standard works have achieved iu all 
countries wherethc English language is spoken, 
and the decisions of our Courts are quoted." 
— Ijna ytafatine and iteviev). 

" Tlie work before us comprises a digest of 
decisions which, if not exhaustive of all the 
principles of our real property code, will at 
least be found to leave nothing untouched or 
unelaborated under the numerous legal doc- 
trines to which the > ases severally relate. To 
Mr. Tudoi's treatment of all these subjects, so 
complicated and so varied, we accord our entire 
commendation. There are no omissious of any 
importautcases relative to the various branches 
of the law rompiised in the work, nor are there 
any omissious or defects in his stat<'ment of the 

law itself applicable to the cases discussed by 
him. We cordially recommend the work to the 
practitioner and the student alike, but espe- 
cially to the former." — Solicilort' Journal. 

" Thisaud the other volumes of Mr. Tudor are 
almost a law library in themselves, and we are 
satisfied that the student would learn mure 
law irom the careful reading of them than he 
would acquire from double the time given to 
the elaborate treatises which learned professors 
recommend the student to peruse, with eutire 
forgetfulness that time and brains are limited, 
and that to do what they advise would be the 
work of a life. Smith and Mr Tudor will to- 
gether give them such a knowledge of law as 
they could uot obtain from a whole library of 
text books, and of law that will be useful every 
day, instead of law that they will not want 
liiree times in their lives. At this well the 
practising lawyer might beueficially refresh his 
memory by a draught, when a leisure hour will 
permit him to study a leading case. No law 
library should be without this must useful 
book." — Law Timet 

Benham's Student's Examination Guide. 

12tno. Ss. cloth. 

MINATION for ATTORNEYS and SOLICITORS, and also to the Oxford 
and Cambridge Local Examinations and the College of Preceptors; to which 
are added numerous Suggestions and Examination Questions, selected from 
those asked at the Law Institution. By James Erlk Bbmham, of King's 
College, London. 

" The book is artistically arranged. It will 
become a uselul guide and instructor not only 
to law students but to every stuilent who is 
prep.iring for a prelimiuary e xammatiua." — Law 

" The book is written in a clear aud agreeable 
style, and will no doubt be found uselul by the 
class of readers for whom it is intended." — 
I.av Magaiine and Rtiiew, 

" Mr. Benham has produced a very useful 
manual. He gives many suggestions ou all thf 
.ijl>jecls of examination and full information 
thereou " — Laa Staminatiom Rt/ioritT. 

" He has succeeded in producing a book 
which will doubtless prove useful. The sets 
of examination papers appear tu be judiciously 
selected and are tolerably full." — IritA Lm» 





Tomkins and Jencken's Modem Roman Law. 

8vo., Hi. cloth. 

upon the Treatises of Piichtn, Von Vuntferow, Arndts, Frunz Mceliler and 
the Corpus Juris Civilis. By Fhederick J. Tomkins, E.'q., M.A., D.C.L., 
Author of the " Institutes of Konian Law," Transhitor of " Gaius," &c., 
and Henry Diedrich Jencken, Esq., Barristers at Law, of Lincoln's Inn. 

"Mr. Tomkins and Mr. Jencken could not 
have written such an excellent book as this if 
they had not devoted many laborious days, 
probably years, to the study of llonian Law in 
its entirety, and to research into the laws of 
continental slates, for the purpo>e of learning 
what principles of Roman Law are preserved 
in their jurisprudence." — Law Timfi. 

'• To ihosK who think with us that the study 
of the niuUern civil law has been too much 

neglected In the education of solicitors, the ad- 
mirable book whose title we have above an 
nounced will be indeed invaluable." — Law 
Examinalion Journal. 

" They have unquestionably f^iven us a 
most valuable contribution on the literature 
of Roman Law, and one which ought to 
rapidly work its way to public favor." — yorlh 
BriUh Mail. 

Latham's Law of Window Lights. 

Post 8vo., 10 . cloth. 


Francis Law Latham, of the Inner 

"This is not merely a valuable addition 
to the law library of the practitioner, it is a 
book that every law student will read with 
profit. It exhausts the subject of which it 
treats." — Law Timet. 

"His arrangement is logical, and he dis- 
cusses fully each point of his subject. The 
work, in our opinion, is both perspicuous and 
able, and we cannot but coiiipliiuent the author 
on it " — Law Journal. 

" A treatise on this subject was wanted, and 
Mr. Latham has succeeded in meeting that 
want." — Athenitum. 

" Mr. Latham is evidently one of those 
authors who like to have a complete skeleton 
of their subject elaborated before putting pen 
to paper; and the consequence is, that this 
little work is one which we have much plea- 
sure in recommending to the profession. The 
sequence of discussion is well ordered, and 
the author's plan u ell adhered to; and although 
the text comprises less than 250 octavo pages, 
the subject is quite exhaustively treated. To 


Temple, Esq., Barrister at Law. 

solicitors the volume will, we think, be par- 
ticularly serviceable. Armed with the work 
we have now reviewed, the practitioner will he 
in a fair way to cope successfully with the most 
exigent client who cumes to consult him about 
his windows."— So/jcj/ori Journal. 

" This subject has acquired a general com- 
mercial interest, and a clear concise work 
upon it Is, at this time, very opportune. Mr. 
Latham's treatise on the Law of Window 
Lights appears to supply in a convenient form 
all the Information which, in a general way, 
may be required. The text throughout is 
lucid and is well supported by precedents." — 
Building Newt. 

" The ancient light question, owing to the 
demand for enlarged buildings within the area 
of our large towns, becomes more important 
every day, and Mr. Latham has done well in 
providing a new treatise on the subject, and 
setting forth ^ome of the more recent decisions 
of our courts. It is well arranged and clearly 
written. We recommend the book." — Builder. 

Tudor's Law of Charitable Trusts. — Second Edition. 

Post 8vo., 18s. cloth. 

to the end of Session 1870, the Orders, Regulations and Instructions, issued 
pursuant thereto ; and a Selection of Schemes. By Owen Da vies Tudor, 
Esq., of the Middle Temple, Barrister-at-Law ; Autlior of " Leading Cases in 
Equity;" " Real Property and Conveyancing;" &c. Second Edition. 

" In carrying out this intention his object 
appears to have been to produce a practical 
and concise summary of this branch of the 
law. No living writer is more capable than 
Mr. Tudor of producing such a work : his 
Leading Cases in Equity, and also on the 
Law of Real Property, have deservedly earned 
for him the highest reputation as a learned, 
careful and judicious text-writer. The main 
feature of. the work is the manner in which 
Mr. Tudor has dealt with all the recent sta- 

tutes relating to this subject: we have only 
to add that the index is very carefully com- 
piled." — Solicitor^ Journal. 

" Mr. Tudor's excellent little book on Cha- 
ritable Trusts. Mr. Tudor has made his 
work complete by the introduction of several 
schemes for the settlement of charities, so 
that it is in all respects the text-book for the 
lawyer, as well as a hand-book for reference by 
trustees and otherseiigaged inthemanagement 
of charities." — Law Timet. 





Gaius's Roman Law, by Tomkins and Lemon. 

Complete in 1 vol 8vo., 27». cloth extra. 
{Dedicated hy permiss'wn to Lord CJiancellor Hatherley.") 


LAW : with an English Translation and Annotations. By Frkderick J. 
Tomkins, Esq., M.A., D.C.L., and William George Lemon, Esq., LL.B. 
Barristers at Law, of Lincoln's Inn. 

"We congratulate the authors on tlie pro- 
duction of a work creditable alike in its in- 
ception and its progress. Tlie translation is 
on the wliole satisfactory : the annotations arc 
often valuable and compiled from trustworthy 
sources." — Laio Journal. 

" Theyhavedoneagood service to the study 
of Roman Law, and deserve the thanks of 
those who take an interest in legal literature." 
— Solicitors' Journal. 

" After a careful perusal of the present 
work, we feel bound to speak in the highest 
terms of the manner in which Mr. Tomkins 
and Mr. Lemon have executed their task. 
We have no hesitation in pronouncing the 
work to be a most valuable contribution to 
juristical learning, and we unhesitatingly 
rrcommend its careful perusal to all students 
of Knman Law." — Law Magazine. 

"The translation is carefully executed, and 
the annotations show extensive knowledge of 
the Roman Law," — Athenteum. 

" The book Is in every respect one of the 
most valuable cnntrilnitions, from an Eng- 
lish source, to our legal literature which the 
last half century has witnessed." — Edinburgh 
Erenimj Courant. 

"The want of an edition of the Commen- 
taries of Oaius for English students has now 
been supplied by Dr. Tomkins and Mr. Lemon 
in a manner which leaves nothing to he de- 
sired. The translation of the Latin text is 
excellent; and the notes, upon which the 
value of the work mainly depends, are lull of 
the most ample learning upon the matter of 
the text." — Irish Law Times. 

" This is the first time that the text of Gains 
has been translated into English, and it is 
remarkably well done by Messrs. Tomkins 
and Lemon in the part before us, who have 
also enriched the text by many valuable 
notes."— i««> Examination Reporter, 

Phillimore's Commentaries on International Law. 

Right Hon. Sir Robert Phillimore, Knt., now Judge of the High 
Court of Admiralty of England. 

%* Vol.\,secondedition,priceVif>i., Vol. 2, price ^^s.. Vol. 3,price32s., Vol. i, price 30s., mat/ be 
had separately to complete sets, or the work may be had complete in/our Vols., price 51. 9s. clotli. 

Extract from Pamphlet on "American Neutrality," by Geobge Bemis (Boston, U.S.). — "Sir 
llobtrt Phillimore, the present Queen's Advocate, and author of the most comprehensive and 
systematic 'Commentary on International Law ' that England has produced." 

"The authority of this work is admittedly 
great, and the learning and abili'v displayed 
in its preparation have been recognized by 
writers on public law both on the Continent of 
Europe and in the United States. With this 
necessarily imperfect sketch we must conclude 
our notice of the first volume of a work which 
forms an important contribution to the litera- 
ture of public Uw. The bonk is of great utility, 
and one which should (indn place in the library 
of every civilian." — Law Mai/tnine. 

" We cordially welcome a new edition of 
vol. 1. It is a work that nui;ht to be studied 
by every educated man, and which is ol con- 
stant use to the public writer and statesman. 
We wish, indeed, that our public writers would 
read It more abundantly tlian they have done, 
as they would then avoid serious errors in dis- 
cussing foreign questions. Any general ciltU 
cism of a book which has been received as a 
standard work would be superfluous ; hut we 
may remark, that whilst Sir Robert stiUtly ad- 

heres to the canons of legal atilhorship, and 
never gives a statement without an authority 
or offers a conclusion which is not manifestly 
deducible from established facts or authorita- 
tive utterances, yet so lucid Is bis style, we had 
almost said so popular, so clear Is the enunci- 
ation of principles, so graphic the historical 
portions, that the bonk may be read with plea- 
sure as well as profit. It will not be out of 
place lo further lemark. that the arrangement 
IS excellent, the table of contents, the list of 
authorities are complete, and, therefore, these 
Commentaries are singularly handy for refer- 
ence. Altogether this work is a witness to the 
zeal, industry and ability of Sir R. Phillimore. 
It will not only be read at home, but also in the 
United States, and it cannot tail to smooth the 
way fur the thorough International understand- 
ing between England and America that the true 
men of both countries so ardently desire." — 
Law Journal. 



Christie's Crabb's Conveyancing. — Fifth Edit, by Shelford. 

Two vols, royal 8vo., SI. cloth. 

in Alphabetical Order, adapted to the Present State of the Law and the 
Practice of Conveyancing; with copious Prefaces, Observations and Notes 
on the several Deeds. By J. T. Christik, Esq., Barrister-at-Law. The 
Fifth Edition, with numerous Corrections and Additions, by Leonard 
Shelford, Esq., of the Middle Temple, Barrister-at-Law. 

•»• Thi* Work, which embraeft both the Principles and Practice of Conrty anting, contain* likewiu 
every description of Instrument wanted for Commercial Purpose*. 

General Table of Heads of Prefaces and Forms. 

Abstracts. — Accounts. — Acknowledgments. — Acquittances. — Admittances. — Afltdavits, AfBr- 
mations or Declarations. — Agreements: to relinquiiih Business: to Guarantee: for a 
Lease : before Marriage : for a Partition : between Principal and Agent : for the Sale and 
Purchase of Estates: for Sale of Copyhold Estates: for Sale of Leaseholds: for Sale of 
an Advowson. — Annuity: secured on Copyholds. — Annuities: Asstgments of. — Appoint- 
ments : of Ouardians. — Apportionment. — Apprenticeship : to the Sea Service : to an 
Attorney : Assignment of. — Arbitration : Award. — Assignments : Bonds: Leases: Patents: 
Pews : Policies of Insurance : Reversionary Intere&ts. — Attestations. — Attornments. — 
Auctions : Particulars of Sale. — Bargains and Sales : of Timber. — Bills of Sale of Goods. 
— Bonds: Administration: Receiver pending Suit: Post Obit: Stamps on. — Certificates. 
— Composition: Conveyances in Trust for Creditors. — Conditions: of Sale. — Confirmations. 
— Consents. — Copartnership: Dissolution of Copartnership. — Covenants: Stamps on: for 
Production of Title Deeds. — Declarations. — Deeds: 1. Nature of Deeds in General: II. 
Requisites of a Deed: III. Formal parts of Deeds: IV. Where a Deed is necessary or 
otherwise: V. Construction of Deeds: VI. Avoiding of Deeds: VII. Proof of Deeds: 
VIII. Admission of Paroi Evidence as to Deeds: IX. Possession of Deeds : X. Stamp 
Duty on Deeds. — Defeasances. — Demises — Deputation. — Disclaimers. — Disentailing Deeds. 
— Distress: Notices of. — Dower. — Enfranchisements. — Exchanges — Feoffments. — Further 
Charges. — Gifts.— Grants.— Grants of Way or Road. — Indemnities.— Leases . I. Nature 
of Leases in General: II. Requisites to a Lease: III. Parts of a Lease: IV. Incidents to 
a Lease : V. Stanius on Leases. — Letters of Credit. — Licences. — Mortgages : of Copyholds : 
of Leaseholds: Transfer of: Stamp Duty on. — Notes, Orders, Warrants, &'C. — Notices: to 
Quit. — Partition. — Powers: of Attorney. — Presentation. — Purchase Deeds: Conveyance of 
Copyholds : Assignments of Leaseholds: Stamps on. — Recitals. — Releases or Conveyances : 
or Discharges. — Renunciations or Disclaimers. — Resignations. — Revocations. — Separation. 
— Settlements : Stamp Duty on.— Shipping • Bills of Lading : Bills of Sale : Bottomry 
and Respondentia Bonds : Charter Parties. — Surrenders. — Wills: 1. Delini'ion of Will and 
Codicil : 2. To what Wills the Act 7 Will. 4 & 1 Vict. c. 26 does not apply : 3. What may 
be disposed of by Will : 4. Of the capacity of Peisons to make Wills : 5. Who may or may 
not be Devisees ; 6. Execution of Wills : 7. Publication of Wills: 8. Revocation of Wills : 
9. Lapse of Devises and Bequest*: 10. Provisions and Clauses in Wills: II. Construction 
of WiUs. 

From the Law Times. the experienced drafisman. Mi. Shelford has 

" The preparation of it could not have been con- proved himself in this task to l>e not unworlh.y of 

fided to lucre able hands than those of Mr. Shel- his forinerreputation. I o those familiar with his 

lord, the veteran authority on real property law. other works it will be asufficiealrecommeDdation 

With the industry that distinguishes him he has of this." 

done ample justice to his task. In carefulness we . 

have in him a second Crabb, in erudition Crabb's From the Law Magazine and JKevtew. 

su|)erior ; and the result is a work of which the " I o this important part of his duty— the remo- 

oriKinal author would have been proud, could it delling and perfecting of the Forms-even with 
have appeared under his own auspices. It is not the examination which we ha> e already been able 
a book to be qu ted, nor indeed could its merits be to afford this work, we are able to affirm, that the 
exhibited by quotation. It is essentially a book ot learned editor has been eminenllv successful and 

i>rac[ice, which can only be described iu rude out- effected valuable improvements." 
ine and dismissed with, and a recom- 
mendation of it to the notice of those for whose From the Law Chronicle. 
service it has been so laboriously compiled." " It possessesone distinctive feature in devoting 
I o >■ • I r more attention than usual in such works to forms 
From the Solicitors Journal. of a commercial nature We are satisfied from 
"The collection of precedentscontainedin these an examination ofthe present with the i in mediately 
two volumes are all that could be desired, l hey precedini; edition that S\ r. shcUord has very cou- 
are particularly well adapted lor .Solicitors, beiiitr sideraldy improved the character of the work, 
of a really practical character. Ihey are more- both in the prefaces and in the forms, Cd the 
over free from the useless repetitions of common whole the two volumes of Crabb's I'recedents, as 
forms that so much increase the bulk and expense edited by Mr. I^onard shelford. will be found 
of somecollectioiisthat wecould name. Weknow extremely useful in a solicitor's office, presenting 
not of any collection of conveyancing precedents a large amount of real proi)erty learninK. with 
that would make it so possible for a tyro to put very numerous precedents: indeed we know of no 
together a presentable draft at an exiijency, or book soiustly entitled tocbe appellation of 'haudy' 
which are more handy in every respect, even for as the fifth edition of Mr. Crabb's Precedvuts." 

^ Q 


Mosely's Articled Clerks' Handy-Book. 

12mo., 7s. clotli. 


desiirned for the use of Articled Clerks, witli a Course of Study and Hints on 
Reading for the Intermediate and Final Examinations. By M. S. Mosely, 
Solicitor, Clifford's Inn Prizeman, M, T. 1867. 

" I'his useful little book is intended for the use " There are few who read this book with c»re 
of articled clerks during the period nf their »rti- who will not readily admit that on many intricate 
cics. lue style of this book is peculiar: it is an points of law their notions have become much 
exagKeration of the style adopted by Mr. Ilaynes dearer than before their acquainiaiit-e with it. 
ill his admirable 'dutlines of i^quity.' I'he Koth parts are well worked out, and will he found 
author sei-ins to think the adoption of such a useful; but in the second division of each chap- 
style the only way to make the study of the law ter the law student will find most valuable in- 
popular and we are not prepared to say he is formation, as there Mr. Mosely not only marks 
wrouR." — Law AJagntitie and Review, out ihi* course of reading which he ncomnie ds 

" I he design of this litile book is (o combine for each year, but also carefully analyses the 
instruction, advice and amusement, if anything contents of each book, and (loinis out ihose 
amusing can be extracted from the routine of a chapters and subjects which it will be most ad- 
sol ici tor's oliice and the studies of articled clerks. vaniugeous for the student to master at the first 
'I he book will cer.ainly be found useful by any reading, and those which he ought to defer till 
anirled clerk, for it contains much information a second peruscil and u wider experience have 
which it is sometimes very troublesome to find, made him more competent to uinlersiaiid them, 
and the facetiousness of Mr. .Mosely's manner The style is remarkably good and, considering 
will doubtless help to grease the course of a the su'ject, free from technical expressions," — 
rough and uneasy subject." — Lara Journal. Iriili Law 'iimes. 

Rouse's Copyhold Manual. — Third Edition. 

I'lmo., 10s. Gd. clotli. 


givinjj the Law, Practice and Forms in Entranchisements at Common Law 
and under Statute, and in Commutations ; with the Values of Enfranchise- 
ments from the Lord's various Rijjhts : the Principles of Calculation being 
clearly explained, and made practical by numerous Rules, Tables and 
Examples. Also all the Copyhold Acts, and several other Statutes and 
Notes. Third Edition. By Rolla Rouse, Esq., of the Middle Temple, 
Barrister at Law, Author of '' The Practical Conveyancer," &c. 

" This new edition follows the plan of its pre- world will greet with pleasure a new and im- 

decessor, adopting a fivefold division:— 1. 1 he proved edition of his copyhold manual. The 

Law. 2, 1 he Practice, with Practical Sugges- third edition of that work is before us. It is a 

tions to Lords, Stewards and Copyholders. .?. work of great practical '-aliie, suitable to lawyers 

'I he Mathematical consideration of the .Subject and laymen. We can freely and heartily recom- 

in nil its Details, with Kules, Tables and Kxam- mend this volume to the practitioner, the steward 

pics. 4. Forms. 5. 1 he Statutes, with ^ otes. Of and the copyholder." — Law Magazine. 

these, we can only repeat what we have said before, " Now, however, that copyhold tenures are 

that they exhaust the subject ; they give to the being frequently converted into freeholds, Mr. 

practitioner all the materials required by him to House's tre.itise will doubtless be productive of 

conduct the enfranchisement of a copyhold, whe- very extensive benefit ; for it seems to us to have 

iher voluntary or compulsory "—La-.o Times. been very carefully prepared, exceedingly well 

" When we consider what favor Mr. Koiise's composed and written, and to indicate much ex- 
Practical .Man and Practical Conveyancer have perience in copyhold law on the part of the 
found with the profession, we feel sure the legal author."— ■Si>/ici(uri'Jirtu'na/, 

Shelford's Succession, Probate and Legacy Duties. 
Second Edition. 

12mo., !()«. cloth. 

THE LAW relating to the PROBATE, LEGACY and 

including all the Statutes and the Decisions on those Subjects: with Forms 
and Otiicial Regulations. By Leonard Shelford, Estj., of the Middle 
Temple, Barrister-at-Law. The Second Edition, with many Alterations and 

" The book is written mainly for solicitors. subject nothing remains bat to make knowo its 

Mr, shelford has accordingly planned his work appearance to our readrrs. Its merits have bceo 

witli careful regard to its practical utility and already tested l.y most of lUem."- /.«• Timet, 
daily nsc,"—i>otirilort' Juyrnal. " On the whole Mr. Shelford's book appears to 

"One of the most useful and popular of his us to be the best and most complete work oo thi> 

produciiuos, and being now the text book on lue extremely iuiricaic subject."— /.«» Magaiiiu. 

9 & 


Davis's Law of Master and Servant. 

12mo. 6«. cloth. 

THE MASTER AND SERVANT ACT, 1867 (30 & 31 Vict. 
c. 141), with an Introduction, copious Notes, Tables of Offences, and Forms 
of Proceedings, prepared expressly for this Work. By James E. Davis, 
Esq., Barrister at Law, Stipendiary Magistrate, Stoke-upon-Trent. 

%• Betidei the Ad and copious NoUt, Introduction, and q variety of Form* of Summons, Orders, 
Convictions, Recognizances, <frc., speciallp prepared for this aort. Tables hare been framed 
classifjfing all the offences within the jurisdiction of Justices. It is hoped that this tcill be found 
useful, not only to Magistrates and their Clerks, but to the Legal Profession generallii, for in 
consequence of the new Act not describing the offences, but nwrely referring to a schedule of 
seventeen former Acts, it is very difficult to say what cases are or are not within llie purview of 
t/ie neio Act. The decisions of the Superior Courts, so far as tliey are applicable to t/ie present 
law, are also given. 

Woolrych's Law of Sewers. — Third Edition. 

8vo., 12*. cloth. 

A TREATISE of the LAW of SEWERS, including the 
DRAINAGE ACTS. By Humphry W. Woolrych, Serjeant at Law. 
Third Edition, with considerable Additions and Alterations. 

" Two editions of it have been speedily ex- no work filling the same place has been added 

bausted, and a third called for. The author to the literature of the Profession. It is a work 

is an accepted authority on all subjects of this of no slight labour to digest and arrange this 

class."— intu Times. mass of legislation ; this task, however, Mr. 

" This is a third and greatly enlarged edition Serjeant Woolrych has undertaken, and an 

of a book which has already obtained an esta- examination of his book will, we think, con- 

blished reputation as the most complete dis- vince the most exacting that he has fully 

russion of the subject adapted to modern succeeded. No one should attempt to meddle 

times. Since the treatise of Mr. Serjeant with the Law of Sewers without its help." — 

Callis in the early part of the 17th ceutury, Solicitors' Journal. 

Grant's Law of Corporations in General. 

Royal 8vo., 26s. boards. 

TIONS in GENERAL, as well Aggregate as Sole; including Municipal 
Corporations ; Railway, Banking, Canal, and other Joint-Stock and Trading 
Bodies ; Dean and Chapters ; Universities ; Colleges ; Schools ; Hospitals ; 
with quasi Corporations aggregate, as Guai'dians of" the Poor, Church- 
wardens, Churchwardens and Overseers, etc. ; and also Corporations sole, as 
Bishops, Deans, Canons, Archdeacons, Parsons, etc. By James Grant, 
Esq., of the Middle Temple, Barrister at Law. 

J. Chitty, jun's. Precedents in Pleading. — Third Edition. 

Complete in One Vol. Royal 8vo., 3Ss. cloth. 

copious Notes on Practice, Pleading and Evidence. Third Edition. By 
the late Tompson Chitty, Esq., and by Leofric Temple, R. G. Wil- 
liams, and Charles Jeffery, Esquires, Barristers at Law. (Part 2 
may, for the present, be had separately, price 18s. cloth, to complete sets.) 

" To enter iuto detailed criticism and praise of its usefulness, as heretofore, will be found not to 

this standard work would be iiune out ot place. be confined to lh« chumbers of the special p'eader. 

Id the present instHOce the oiatler has lallea but to be of a uiore extended character, lo 

into competent hands, who have spared no pains. those who knew the work of old no recommenda- 

This valuable and useful work is liroui^ht down tton is wanted, to those younger members ol the 

to the present time, altered in accordnnce with profession who have not that jirivilege we would 

the caes and statutes now in force, (jreHt care sagKesi that they should al once make iit ac- 

has beeu expended by the competeut editors, and quauiiaoce." — JLmw Jaurnal. 


9 ■ ■ o 


Scriven's Law of Copyholds. — 5th Edit, by Stalman. 

Abridged in 1 vol. royal 8vo., £\ : 10*. cloth. 


HOLD and ANCIENT DEMESNE TENURE, with the Jurisdiction of 
Courts Baron and Courts Leet. By John Schivrn, Serjeant at Law. 
Fifth Edition, containing references to Cases and Statutes to 1867. By 
IIknuy Stalman, of tlie Inner Temple, Esq., Barrister at Law. 

" No lawyer can see or hear the word 'copy- half a century been not only a slandaH work 

hold' without associating with it the name of but one of unlmpeachnlile authority, and in its 

Scriven, wnosc book hds bren always esteemed )>aK«s the present Keneration has learned all that 

not II erely the best but the only one of any is kuowu of copyhold and cnstnmary tenures, 

worth. Until a comniutaiion of the tenure for All that is necessary to say is, that iu the pre- 

a hxed rent-charKe, after the mnnner of a tithe sent edition of Soriven on Copyholds Mr. htal- 

couimotation, is compelled by the leKislatare, man has omitted what it was useless to retain, 

this treatise will lose none of its usefulness to the and inserted what it was necessary to add. 

solicitors in the country." — Laa 'J'imet. Until copyholds have disappeared uiletly, it is 

" It WdulU be wholly snpeiltuous to offer one at least certain that .Scriven on Copyholds by 
word of comment on the general body of the Stalman will hnid undisputed sway in the pro- 
work. Scriven ou Copyholds has for exactly fessioo." — Lam JouttuL 

Davis's Law of Registration and Elections. 

One small r2nio. vol., los, cloth. 

TIONS AN D REGISTRATION. Comprising all the Statutes, with Notes 
and Introduction, and a Supplement containing the Cases on Appeal 
down to 1869, the Rules relating to Election Petitions, and a complete 
Index to the whole Work. By James Euwaro Davis, Esq., Barrister 
at Law, Author of '* Manual of Practice and Evidence in the County 
Courts," &c. 

" A work, which, in our judgment, is the han- order to obtain a fnir mastery of the whole snb- 

dieu and most useful of the manuals which the ject, we have no hesitation in hi^-hly recommend- 

Hef'irm Act of 1867 has brought into existence." ing this voiV. "—Ho/irirnrs' Jvvrunl, 

— Lau) Ma^aiine. " Noonecomes forward with heller credentials 

" We think this the best of the now nnmeroux than Mr. Davis, and the book before us seems to 

works on this subject. It has a great advaniaRe possess the qualities essential to a i:uide to a 

in its arrangement over those which are merely discharge of their duties I y the olficiaU. '1 he 

new editions of works published before the recent scheme of Mr. Davis's work is very simple." — 

legislation. To read through consecutively, in Law Journal 

The Supplement may be /tad scjmratehj, ^ricc 3«, icrced. 

Browning's Divorce and Matrimonial Causes Practice. 

Post 8vo., 8s. cloth. 

DIVORCE and MATRIMONIAL CAUSES, including the Acts, Rules, 
Orders, copious Notes of Cases and Forms of Practical Proceedings, 
with Tables of Fees and Bills of Costs. By W. Ernst Browning, Esq., of 
the Inner Temple, Barrister-at-Law. 

Brandon's Law of Foreign Attachment. 

8vo., 11*. cloth. 

CITY OF LONDON therein. With Forms of Procedure. By WooD- 
TuoiiPE Brandon, Esq., of tlie Middle Temple, fiurrister-at-Law. 






Oke's Magisterial Synopsis. — Tenth Edition. 

Two vols., 8vo., o8«. clotli. 

THE MAGISTERIAL SYNOPSIS: a Practical Guide for 
Magistrates, their Clerks, Attornies and Constables; Summary Convictions 
and Indictable Offences, with their Penalties, Punishments, Procedure, &c., 
being Alphabetically and Tabularly arranged. By George C. Oke, Chief 
Clerk to the Lord Mayor of London. Tenth Edition. 

** We are really at a loss to discover any 
criticism wlilch can fairly be offered on this 
remarkable work. A new edition every two 
years is a :iuccesi such as rarely falls to the 
lot of the greatest of le^al authors, and no one 
pretrnds to deny that Mr. Oke has fairly earned 
ills j{o->d fortune. The first edition started 
with 1IU pai^ex nf matter. Legislation, Judicial 
decisions and the unwearied research, caie and 
skill of the author have swelled 410 into 1402 
pages, so that he is driven to offer an apology 
for the bulk of the hook and for its compulsory 
division into two handsome volumes. It 
would be idle in us to take a survey of the 
general contents of a work which is familiar 
to all persons who are concerned in the ad- 
ministration of justice in petty sessions. It is 
enough to say that Mr. Oke's Synopsis is not 
only the standard guide to the magisterial 
bench, but that it is regarded throughout 
England as the indispensable companion of 
every justice of the peace."— /.,atr Journal. 

'• Mr. Oke's Synopsis has been for so many 
years before the public, and its reputation is 
so fully established, that any elaborate criti- 
cism upon the work as a whole would he out 
of place on the occasion of the publication of 
a new eaition. The functions of magistrates 
out of quarter sessions and of their clvrks and 
olflcers are so many and of so very miscella- 
neous a character, that there is perhaps no 
part of our judicial system in which the ser- 
vices of a tellable and easily accessible guide 
ii so absolutely necessary to all those who 
have to take any pnrt m the working of the 
system. To meet this need there are few men 
who have better reason to know exactly what 
is necessary than Mr. Oke, and few men better 

able to supply it, and the success with which 
he has laboured to this end has been amply 
attested by the reception which the various 
editions of his work have met with. But the 
very nature of the subject with which this 
work deals, renders frequent new editions 
most important. This edition incorporates the 
statute law affecting magistrates since the date 
of the last edition, as well as the decisions of 
the courts ; and, whether by s;ood luck or good 
guidance, the publication has been so timed as 
to enable the author to bring the statute law 
down to the actual date of issue. The work in 
its present form is considerably increased in 
bulk, but it retains its two great merits — com- 
pleteness and conciseness." — Solicitors' Journal. 
" The tenth edition of this valuable com- 
pendium of magisterial law makes its appear- 
ance in two volumes, a great improvement for 
convenience of reference upon the single bulky 
volume of the former editions. The position 
which the work has gained and the growing 
demand lor it are shown by the fact that a ninth 
edition was published )>o lately as I.S6(>. In ac- 
cordance with the suggestion made to Mr. Oke, 
the present eiiition has been prepared and is- 
sued immediately after the fourth edition of its 
equally useful companion. The Magisterial For- 
mulist. The carelul and conscieniious treat- 
mentwhich Mr.Oke always bestows upon what- 
ever he takes in hand, entitles him to full credit 
when he says that ' many titles have been en- 
larged, much new matter inserted, and a variety 
of minute improvements made in the reler- 
ences, upon all of which I have bestowed my 
personal attention and utmost care.'" — Law 

Oke's Game and Fishery Laws. — Second Edition. 

12mo., 10*. 6d. cloth. 


containing the whole Law as to Game, Licences and Certificates, Poaching 
Prevention, Trespass, Rabbits, Deer, Dogs, Birds and Poisoned Grain 
througljout the United Kingdom, and Private and Salmon Fisheries in 
England. Systematically arranged, with the Acts, Decisions, Notes, Forms, 
Suggestions, &c., &c. By George C. Oke, Author of " The Matjisterial 
SynopsiSy" &c. &c. Second Edition. 

'* The first edition having enjoyed a rapid 
•nip, a ircund bus enabled Mr. OVv greatly to 
enlarge his design and to add the very im- 
portant statutes which have been passed since 
the publication of the first edition. This is now 
really what it is termed, a Handy Book uf the 
Game and Fishery Laws, and gives all the in- 
fornialioa that can be required by tlie sporlsoiau 
or hit legal adviser.**— /.«« Timtt, 

" The work is carefully composed, and con- 
tains a full index." — Solicitori' Jomrnal. 

" Care and ludustry are all that can be 
shown ill such productions, and these qualities 
are (>rnerally shown in the present works. 
Mr. Oke's book tekes a somewhxl larger range 
than Mr. Patrrson's, as it embraces the late 
statute relating to Uie Salmon Fisheries." — 

9 Q 


Oke's Magisterial Fonnulist. — Fourth Edition. 

One tliick volume, 8vo., 38«. cloth. 

The MAGISTERIAL FORMULISTr beins a complete Collec- 
tion of Forms and Precedents for practical use in all Cases out of Quarter 
Sessions, and in Parochial Matters, by Magistrates, tlieir Clerks, Attornies 
and Constables: with an Introduction, Explanatory Directions, Variations and 
Notes. By George C. Oke, Author of "The Magisterial Synopsis." 
Fourth Edition, enlarged and improved. 

"The publication of a new pdiiioti of this of IB')! have ju>ti6rd and dpmandpd a new 

mot useful collection of forms has been ui'i;encly editiun, and in iliHt new edition we believe will 

railed fur. Mr. Oke's works are so well known be found the same qualities of accuracy and 

to all who are cuneerned in the admiuislralion completeness which distinguished its three 

of magisterial law, that we need say no more predecessors. No clerk to justices, and do 

than that the present edition seems to have justice who is anxious to dischaige his onerou/ 

been prepared with his usual care. On a functions successfully, should be without the 

reference to a very full index at the end of the 'Magisterial Formulist' and the 'Maqisterial 

book, we have been un<ible to detect the Synopsis;' and it need scarcely be added that 

omission of any subject in the place where it those members of the profession who are 

might be expected to be found, and such forms brought in contact with business in petty 

as the author has had to draw, and not merely sessions will derive great assistance from 

to transcribe, appear well executed." — Solicitort' them." — Laa Journal. 
Juurnat. " This work istoo well known to need eulogy. 

" Mr. Oke has had many predecessors in his It is in uni.'ersal use in magistrates' courts ; it 

office of Chief Cleik to the I^rd Mayor of has been out of print tor some time, and a new 

London of skill, learning and reputation, but edition was urgently requited. We believe 

it would be impossible to name any one ol such that Mr. Oke purpusely delayed it that it might 

ollicers who has rendered such signal scr\-ices be made contemporaneous, or nearly so, with 

to the administration of the law by the justices the Synopsis. The contents are brought down 

as the author of the book before us. It is to the end of last yeat, and consequently it in- 

indeed dithcult to offer any remarks of moment tludesall thelorms required by the newstatules 

upon a work which has gone through three and decisions ot the six years that have elapsed 

editions, and has been acknowledged as com> since the publication of the third edition. They 

plete by all who has had occasion to use it. have been arranged under divers new titles, and 

But time alone, and the mass of new legisla- especially the modes of describing iiidtclahle 

lion which it has brought with it, have made offences have been much enlargfd. It is a book 

the revision of the book necessary. The iro. that has been known su long, and so extensively, 

portant changes and extensions of the law ad- that no fuither description of it i« needed now." 

ministered by the magistrates since the session Law Timet. 

Oke's Law of Turnpike Roads. — Second Edition. 

12mo.. 18*. cloth. 

THE LAWS of TURNPIKE ROADS; comprising the whole 
of the General Acts; the Acts as to the Union of Trusts, for facilitating 
Arrangements with their Creditors; the Interference of Railways and other 
Public Works with Roads, their Non-repair, and enforcing Contributions 
from Pai'ishes (including the Acts as to South Wales Turnpike Roads), &c. 
&c. ; practically arranged, with Cases, Notes, Forms, &c. &c. By George 
C. Oke, Author of *' The Magisterial Synopsis.''' Second Edition. 

" In the ' *-ynopsis' Mr. Oke is unique ; the dustrions research and painstaking correction 

plan was perfectly oiiginal. and he has no com- which distinguished the ' synopsis.* " — Latt 

peiiior. In the l urnpike Law he is himself a 't'tmet. 

competitor with others, who had previonsly pos '" All Mr. Oke's works are well done, and his 

session of the field. Nevertheless. -o well has he 'Turnpike Laws' is an admirable spetimen of 

executed his desi|;n that his volume has fairly the class of books re uired fur the cuidance nf 

taken prec<;dence in the esteem of the profession, magistrates and legal pracltiouers in country 

because be has written it with the same iu- districii."— .W<ci(u/j JourHal. 

Glen's Poor Law Orders. — Seventh Edition. 

Post 8vo., 'lis. llotil. 

with explanatory Notes elucidating the Orders, Tables of Statutes, Cases 
and Index to the Orders and Cases. By W. C. Glen, Esq, Barrister at 
Law. Seventh Edition. 




Chadwick's Probate Court Manual. 


lloyal 8vo., 12*. cloth. 


COURT of PROBATE; exhibiting the Principle of various Grants of 
Administration, and the correct Mode of preparing the Bonds in respect 
thereof; also Directions for preparing the Oaths, arranged for practical 
utility. With Extracts from the Statutes; also various Forms of Affirmation 
prescribed by Acts of Parliament, and a Supplemental Notice, bringing the 
work down to 1865. By Samuel Chaowick, of Her Majesty's Court of 

'* We nndertake to say that the po.«»eision of 
this vulume by practitioners will prevent many 
a hitch and a<VKward delay, pr ivokini; to the 
Inwver himself anU difficult to be satislactorily 
explained to the clients." — Law Magatine and 

" Mr. Chadwick's volame will be a necessary 

Eart of the law library of the practitioner, for he 
as collected precedents that are in constant re- 
quirement. Ihis is purely a book of practice, 
but therefore the more valunble. It tells the 
reader what to do, and that is the information 
most required after a lawyer begins to practise." 
— Law Timts, 

Grant's Law of Banking. — Second Edition by Fisher. 

8vo. 21 i. cloth. 

BANKS OF ISSUE, Limited and Chartered, and Winding-up ; Directors, 
Managers aiid Officers ; and the Law as to Cheques, Circular Notes or 
Letters of Credit, Bank Notes, Exchequer Bills, Coupons, Deposits, &c. 
(Appendix contains the Bank Notes Issue Bill, and Reasons for Bill, and 
Official Bank Returns.) Second Edition. By R. A. Fisher, Esq., of the 
Middle Temple, Barrister-at-Law. 

"The present editor has very much in- 
creajied the value of the original work, a work 
whose sterling merits had already raised it to 
the rankofastandaid text-book." — LawMaga- 

" No man in the profession was more com- 
petent to treat the subject of Banking than 
Mr. Grant. This volume appears opportunely. 
To all engaged in the litigations, .as well as to 
all legal advisers of Bankera, Mr. Grant's work 
will bean invaluable assistant. It is a clear 
and careful treatise on a subject not already 
exhausted, and it must become the text-book 
upon it." — Law Times. 

•' A Second Edition of Mr. Grant's well- 

known treatise on this branch of the law has 
been called for and very ably supplied by Mr. 
Fisher." — Law Times, Second Notice. 

" The learning and industry which were so 
conspicuous in Mr. Grant's former work are 
equally apparent in this. The book supplies a 
real want, which has long been felt both by the 
profession and by the public at large." — Jurist. 

" We commend this work to our readers. It 
is at once practical and intelligible, and is of 
use alike to the unprofessional as well as the 
professional reader. No bank, whether a pri- 
vate concern or a joint-stock company, should 
be without it." — Money Market Review. 

Parkinson's Common Law Chamber Practice. 

12mo., 7s. cloth. 


H. Parkinson, Chamber Clerk to 

the Hon. Mr. Justice Byles. 

"For this work 'Mr. Parkinson is eminently 
qualified."— jKri J/. 

"It is extremely well calculaied for 'he purpose 
for which it is iuieiided. So much work is now 
do:ie in (.'oDimon Law Chambers by junior clerks 
that such a little treatise is much wanii-d. Mr. 
i'arkicson has performed his task skilfully and 
with care." — Solicilort' Journal. 

" The practice in Chambers has become suffi- 
ciently important to call for a treatise devoted to 
it, nor could a more competeat man for the task 

have presented himself than Mr. Parkinson, 
whose great experience as well as intelligence 
have Ion? placed him in the position of an autho' 
rity on all mutters appertainini; to this peculiar 
but very extensive branch of Common Law I'rac- 
tice." — Laai timet, 

" rhee is much that would prove very useful 
to the practitioner in Mr. Parkinson'scompilstion. 
and which, so far as we are aware, is not to be 
found in any other book collected with equal con- 
ciseness,"— Z^ta- Alagaiint and Review, 




Coombs' Manual of Solicitors' Bookkeeping. 

8vo., 10s. (id. cloth. 

prising Practical Exemplifications of a Concise and Simple Plan of Di)uble 
Entry, with Forms of Account and other Books relating to Bills, Cash, &c., 
showing their Operation, giving Instructions for Keeping, Posting and 
BulHncing them, and Directions for Drawing Costs, adapted to a large or 
small, sole or partnership business. By W. B. Coombs, Law Accountant 
and Costs Draftsman. 
•»• T/ie various Account Books described in the above System, the forms of 

which are copyright, inay he had from the Publishers at the prices 

stated in the n'ork, page 274. 

"It adds some excellent instructions for 
drawing bills of costs. Mr. Coombs is a 
practical man, and has produced a practical 
book." — Law Times. 

" .K work in which the really superfluous has 
been omitted, and that only which is necessary 
and useful in the ordinary routine in an attor- 
ney's office has been retained. He has per- 
formed his task in a masterly manner, and in 
doing so has given the why and the wherefore 
of the whole system ot Solicitors' Bookkeeping. 
The volume is the most comprehensive we re- 
member to have seen on the subject, and from 
the clear and intelligible manner in which the 
whole has been workca out it will render it 
unexceptionable in the hands of the student 
and the practitioner." — Law Mmjazine. 

" So clear do the instructions appear, that a 
tyro of average skill andabilities, with applica- 
tion, could under ordinar)' circumstances open 
and keep the accounts of a business; and, so far 
as we tan judge, the author has succeeded in 
his endeavour to divest Solicitors' Bookkeeping 
of complexity, and to be concise and simple, 
without being inefficient. We cannot dismiss 
this volume without briefly commenting upon 
the excellent style in which it is submitted to 
the profession." — Law Journal 

" .VI r. Coombs' book appears to us to have been 
carefully and usefully prepared, and the diiec- 
tions and illustrations given as to solicitors' 
bookkeeping in general are of such a nature 
that the work may be referred to with confi- 
dence on any point relating to Solicitors' Book- 

keeping as a safe guide to the subject. This 
is not merely a valuable addition to the library 
of every solicitor, it is a book that every ar- 
ticled clerk, now that intermediate examina- 
tions embrace bookkeeping, will be read with 
profit anci benefit to himself. It may be fairly 
said to exhaust the subject of which it treats, 
and the author has adopted a system having 
the great advantage of simplicity, while he 
employs as small a number of books as is con- 
sistent with a clear and accurate record of the 
business of each day for the purpose. We 
have little doubt that this work will gain a 
favourable place in the estimation of the pro- 
fession and of law students, and will stand 
the test of the value of a book written pro- 
fessedly lor practical men— the number of 
editions through which it will pass."— Solici- 
tor*' Journal. 

" Mr. Coombs' Manual of Solicitors' Book- 
keeping, in our opinion, takes the safe middle 
course, between too great intricacy of arrange- 
ment on one side, and want of detail and ex- 
planation on the other. His system can be 
equally followed in a small office, where a 
r.'gular accountant is not employed, and in 
an office where the staff is large. Solicitors 
who manage property will find the specimens 
of rental accounts given in the Appendix very 
useful." — Irish Law Times. 

"This is a work of considerable extent, pre- 
pared at the request of eminent solicitors, by 
an experienced law accountant." — Athenwum. 

Lushington's Naval Prize Law. 

Koyal 8vo., \Qs. (i J. cloth. 

LusHlNGTON, of the Inner Temple, Esq., Barrister at Law. 

Lovesy's Law cf Arbitration (Masters and Workmen). 

12ino. 4s. cloth. 
{Dedicated, by permission, to Lord St. Leonards.) 

WORKMEN, as founded upon the Councils of Conciliation Act of 18C7 
(30 & 31 Vict. c. 105), the Musters and Workmen Act (5 Geo. 4, c. 96), and 
other Acts, with an Introduction and Notes. By C. W. LovEsy, Esq., of 
the Middle Temple, Barrister at Law. 

" I think jrou have bestowed much attention uiran the late ttattttt ind added some nscful ootcs."— 
Lord Ht. Ltenardt, ... 




Trower's Church Building Laws. 

Post 8vo. 8*. cloth. 

SONAGES, and SCHOOLS, and of the Division of Parishes and Places. 
By Chakles Francis Trowbr, M.A., of the Inner Temple, Esq., Barrister 
at Law, late Fellow of Exeter College, Oxford, and late Secretary of Pre- 
sentations to Lord Chancellor Westbury. 

" We may pronounce it a nseful work. It con- " In a well-arranged volame this genilen>an 

tains a great niajts of informatiou of essential im- points out concisely and intelligibly bow theiiitii- 

pori, and (hose who, as ;)arishioners, legal ad- cutties which usually beset parties in such nmt- 

visers, or clergymen, are concerned with glebes, ters may be avoided."— Ux/orrf Univtrtily lleraltl. 

endowments, district cha|>elries. parishes, ecclesi- " On all the topics Kerniane tn us title this vo. 

astical cnmiiiissions, and such like matters, about lunie will be found a handy book of ecclesiasticxl 

which the pub ic. and notably the clerical public, law, and should on that account be made widely 

seem to know but little, but which it is needless knuwn among the clergy." — Church Mail. 

to say are matters of much importance." — Soli- "It isacompact and handy treatise, very ticarly 

citori' Journal. written, well arranged, easy of relerence, and, be- 

" Mis book is just the one we could wish every sides a good table of contents, it has an elatntrale 

clergyman to possess, for if it was in thehandsof index. It i* a bouk we are glad to have and to 

our readers they would be saved the trouble of recommend.'' — Literary Churchman. 
asking us very many questions." — CUricaUoumml, 

Field's Law Relating to Curates, &c. 

Post Svc, 6s. cloth 

LAND and IRELAND. By C. D. Field, M.A., LL.D., late Scholar of 
Trin. Coll. Dublin, and now of H. M.'s Benpral Civil Service; recently 
Judge of the Principal Court of Small Causes at Kishnaghur ; and Registrar 
of H. M.'s High Court of Judicature at Fort William in Bengal ; Author of 
" The Law of Evidence in India," &c. 

" A clear and concise exposition of a branch " Dr. Field is accurate, so far as we can 

of the law not ofieu brought under the notice of judge, and has completed his self-elected task 

solicitors, but of considerable interest to the satisfactorily. The vast number of statutes 

clergy." — Laa Times. bearing upon the law of Curates renders a legal 

" At all events curates now have no ground of guide necessary, and also the many decisions 

complaint, liecause the treaiise before us is a on their interests. Dr. Kield has done his wi>rk 

very intelligible and tolerably full ex)>osition of judiciously, and a copious index renders the 

the laws with whic i they are immediately con- results of his labours readily available to 

cerned." — Laa JouruaJ. others."— -St. Jamet' Chronicle. 

Petersdorff's Abridgment of the Common Law. — New Ed. 

7 vols., with Supplement, Royal Svo., complete to tlie year 1870, 8/. cloth. 

MON AND STATUTE LAW, as at present administered in the Common 
Law, Probate, Divorce and Admiralty Courts, excluding all that is obsolete, 
overruled or superseded : comprising a Series of Condensed Treatises on the 
different Branches of the Law, with detailed Directions, Forms and Prece- 
dents ; an Alphabetical Dictionary of Technical Law Terms and Maxims, 
and a Collection of Words that have received a Special Judicial Construction ; 
the whole illustrated by References to the princi|ial Ceises in Equity, and in 
the Scotch, American and Irish Reports, and the most eminent text writers. 
By Charles Petersdorfp, Serjeant-at-Law, assisted by Charles W. 
Wood, Esq., and Walker Marshall, Esq., B arris ters-at- Law. 

The Supplement, 1863 to 1870, as a separate icork, 1 vol. Royal 8vo., 
25«. cloth. 

■ O 




Robson's Law and Practice in Bankruptcy. 

8vo.,30s. cloth. 

RUPTCY, containing a full exposition of tiie Principles and Practice of the 
Bankrupt Law, including the alterations made by the Bankruptcy Act, 
iy69; with a copious Index, and an Appendix containing the Bankruptcy 
Acts, and the General Rules and Orders. By George Young Robson, 
of the Inner Temple, Esq., Barrister at Law. 

" The work before us is a very elaborate type, in which are collected with an inflnite 

treatise, and calls for warm commendation. 
We congratulate Mr. Robson in succeeding in 
a work which demands talent, tact and in- 
dustry. Indeed, the work is a model of handi- 
ness and lucidity. The author has left nothing 
undone to render his work complete. It is 
not often that we can accord so much praise 
to a book ; but we are sure that no one who 
consults Mr. Robson's work will say that our 
commendation is undeserved." — Law Jouijial. 
" This work is, as its title asserts, a I'reatise 
on the Law of Bankruptcy. Instead of fol- 
lowing the orthodox plan of giving us the sec- 
tions of the act with notes in microscopic 

expenditure of labour extra :t8 from every case 
bearing directly or remotely on the subject, we 
have here a distinct attempt to discover the 
principles in accordance with which the law 
has been built. This method has peculiar ad- 
vantages to recommend it to the practitioner. 
It gives hiin a grasp of his subject with which 
no mere summary of caset and text will supply 
him. But it is to the student to whom a book, 
dealing with the subject in this form, is pecu- 
liarly valuable. We have great pleasure in 
giving it the warmest recommendation to our 
readers." — Law Magazine. 

Sir T. E. May's Parliamentary Practice.— Sixth Edition. 

One very thick volume, 8vo., 35*. cloth. 

INGS and USAGE of PARLIAMENT. By Sir Thomas Erskine 
May, K.C.B., of the Middle Temple, Barrister at Lawj Clerk ot the House 
of Commons. Sixth Edition, Revised and Enlarged. 

Contents: — Book I. Constitution, Powers and Privileges of P.irliament. — Book II. Practice 
and Proceedings in Parliament.— Book III. The Manner of Passing Private Bills, with the 
Standing Orders in both Houses, and the most recent Precedents. 

"Sir T. Erskine May deserves the best 
thanks of all who are interested in parliamen- 
tary proceedings, for the care and attention he 
has bestowed in preparing this edition of his 
valuable work." — Idtw Magazine. 

" We hail with satisfaction a new edition of 
this admirable work. The politician, the law- 
yer, the parliamentary agent and the educated 
gentleman, will find here a teacher, a guide, 
a digest of practice and a pleasing companion. 
To le al readers, the first portion of this work 
is of the most value. We may advert to the 
great care with which the author has noted 
up and incorporated in this new edition all 
the changes and events of importance since 
tne publication of the fifth edition." — Lam 

" Six editions in twenty-four years attest 
the estimation in which this great work is 
held by the members of successive Parlia- 
ments, by the promoters of private bills, and 
by constitutional lawyers It is an exhaustive 
treatise on that most lawless of all law the 
Law of Parliament." — Law THmes. 

" Perhaps no work has achieved a greater 

reputation among lawyers than May's Parlia- 
mentary Practice. Since the first publication 
in 1844, a succession of editions have been 
called for, and now, after aii interval of four 
years since the issue of the fifth, a sixth 
edition has been found necessary. The work 
is too well-known to need the repetition of any 
description of Us scope."— Solicitors' Journal. 
" His well-known treatise on the ' Law and 
Usage of Parliament' at once placed him upon 
a level with Hatsell.and is now the recognized 
text-book, not in England only, but in her 
colonies, and wherever parliamentary govern- 
ment is attempted. It may almost be said to 
be better known at Australia than at West- 
minster, as the practice of colonial legislatures 
is less settled than our own, and our country- 
men at the Antipodes are more combative 
than ourselves upon points of order and pro- 
cedure. In Germany it has been translated 
fur the use of the Prussian and Noith German 
Parliaments, and we have found it in a bonk- 
sellei's shop at Pesth, in the Hungarian lan- 
guage, under the uame of 'May Erskine 
Tamds.' " — Times. 

Drewry's Equity Pleader. 

12iTio., Gs. cloth. 

PLEADING ; with Precedents. By C. Stewart Drewry, of the Inner 
Temple, Esq., Barrister at Law. 

" It will be found of great utility as intro- refresh the memory after the study of the 
ductory to the more elaborate treatises, or to larger books." — Law Times. 




Glen's Law of Highways.— Second Edition. 

Pose 8vo., '20s. cloth. 

The LAW of HIGHWAYS: comprising the Highway Acts 
1835, 1862 and 1864; the South Wales Migliway Act; the Statutes and 
Decisions of the Courts on the subject of Highways, Bridges, Ferries, &c., 
including the Duties of Highway Boards, Surveyors of Highways, the Law 
of Highways in Local Board of Health Districts; Highways affected by 
Railways, and Locomotives on Highways. With an Appendix of Statutes 
in force relating to Highways. By W. Cunni>gham Glkn, Esq., Barrister 
at Law. Second Edition. 

" Altoeether we may confidently venture to 
confirm the statement in ibe preface that it may 
DOW fairly claim to be recognized as a standard 
authority on the law of highways by those who 
are engaged officially ur oiherwi!>e in the admi- 
nistration of thai branch of ihe law. It is so as 
we from personal knowledge can aliirm, and, we 
may add, that it is received by them as a trust- 
worthy guide in the discharge of their onerous 
duties." — Laa Times, 

"The present edition of Mr. Glen's work con- 
tains a great deal of valuable matter which is 
entirely new. To those iuterexted in the law of 
highways this manual as it now appears will be 
found a safe and efficient guide."— i-a» Magaiine. 

" Mr. Glen has an established reputation in the 
legal profession as a careful and laborious writer, 
and this new edition of his new work on highway 
law will convince those who refer to it that he 
has neglected no topic likely to be useful to those 
whose duties require them to have a knowledge 
of this particular branch of the law. I'his work 
aspires above others which profess merely to be 
anaotated reprints of acts of parliament. It will 

be found to contain much information which 
might be looked for elsewhere in vain. I be 
general law upon the subject is set forth with u 
care and lucidity deserving of great praise, and 
a good index facilitates reference, and renders 
this work the most complete on this important 
subject which has yet been published."— Ju//iV« 
of the Peace. 

" Mr.Glen maywell say that an entire revision 
of the first edition was necessitated by ibe recent 
statutes, and his second edition is a bulky volume 
of 800 pages. His work may be read with satis- 
faction oy the general student as well as referred 
to with confidence by the practitioner. We need 
say nothing further of this second edition than 
that we think it likely to maintain fully the rejiu- 
tation obtained by i>s predecessor. It has the 
advantages, by no means unworthy of coosidera- 
tion, of being well printed and well indexed, as 
well as well arranged, and a copious index of 
statutes renders it a perfect compendium of the 
authorities bearing in any way on the law of 
highways."— vSo/ici/or*' JmtrHat. 

Fry's Specific Performance of Contracts. 

8vo., 16s. cloth. 

CONTRACTS, including those of Public Companies, with a Preliminary 
Chapter on the Provisions of the Chancery Amendment Act, 1858. By 
Edward Fry, B.A., of Lincoln's Inn, Esq., Barrister at Law. 

" It will be seen what a masterly grasp the 
author has taken of his subject, and his treatment 
of the various parts of it equally exhibits the hand 
of a man who has studied the law as a science. He 
is skilful in the extraction of principles, precise 
ill the exposition of them, apt in their application 
to the particular case, but in all he is thoroughly 
practical. The practitioner who uses it as a text 
book will find in it an adviser wno will tell him 
not only what the law is, but how it may be en- 
forced. '—Lew Times. 

" Mr. Fry's work presents in a reasonable com- 
pass a larxe quantity of modern learning on the 
subject of contracts, with reference to toe com* 
mon remedy by s|>ecific performance, and will 
thus be acceptable to the profession generally." — 
Law Lkronicle. 

" rh<re is a closeness and clearness in its style, 
and a latent fulness in the exposition, which uol 

only argue a knowledge of the law, but of those 
varying circumstances in human society to which 
the law has to be applied."— Apec/a/or. 

" Mr. Fry's elaborate essay appea-> to exhau>t 
the subject, on which he has cued and brought 
to bear, with great diligence, some 1.5<K) cases, 
which include those of the latest reports." — Law 
Magazine and Beviea. 

" Although a professional work, it is sufficiently 
popular in style to be serviceable to all persons 
engaged in commercial or joint-stock under- 
takings." — Tie Times. 

" ihe law of specific performance is a growing 
law just now, and the characteristic which 
gives its special value to Mr. Fry's work is, 
that the recent cases are as well dig°.sted in 
his mind as the older ones. Mr. Fry's is one of 
the best specimens of the modem law book." — 
The Economist. 

Phillips's Law of Lunacy. 

Post Svo., 18i. cloth. 

PERSONS of UNSOUND MIND. By Charles Palmer Phillips, 
M.A., of Lincoln's Inn, Esq., Barrister at Law, and Secretary to the Com- 
missioners of Lunacy. 

" Mr. C. P. Phillips has in his very complete, 
elaborate and useful volume presented us with an 
excellent view of the present law as well as the 
practice relating to lunacy." — Law Mmfazin* and 

"The work is one on which the author has 
evidently bestowed great pains, and which not 
only liears the mark of great application and 
research, but which shows a familiarity with the 
subject."— /iu/ir« !»//*# P»ffc*. 



9 $ 


Davis's County Courts Practice and Evidence.— Third Edit. 

One thick volume, Royal i2mo. 28*. cloth. 

including the PRACTICE in BANKRUPTCY, with an Appendix of 
StHtutes and Rules. By James Edward Davis, of the Middle Temple, 
Esq., Barrister at Law. Third Edition, considerably enlarged. 

•»• This i* the only tcortjm the County Courts tnhich gives Forms of Plaints and treait fully of the 
Law and Evidence in Actions and otiier Proceedings in these Courts, 

Davis's County Courts Equitable Jurisdiction, 1866. 

Koyal 12mo., 5s. cloth. 

Davis's County Courts Amendment Act, 1867. 

Royal 12ino., 12«. cloth. 

Brandon's Mayor's Court Practice. 

8vo., 3*. 6d. cloth. 

COURT PRACTICE of the CITY of LONDON in ordinary Actions. By 
WooDTHoaPE Brandon, Esq., Barrister at Law. 

Glen's Law of Public Health.— Fifth Edition. 

8vo., 30s. cloth. 

The LAW relating to PUBLIC HEALTH and LOCAL 
GOVERNMENT, including the Law relating to the Removal of Nuisances 
injurious to Health, the Prevention of Diseases, and Sewer Authorities; 
with the Statutes and Cases. By W. Cdnningham Glen, of the Middle 
Temple, Esq., Barrister at Law. 

Smith's Practice of Conveyancing. 

Post 8vo., 6*. clotli. 

VEYANCING in SOLICITORS' OFFICES; with an OuUine of the 
Proceedings under the Transfer of Land and Declaration of Title Acts, 18(5'2, 
for the use of Articled Clerks. By Edmdnd Smith, B.A., late of Pembroke 
College, Cambridge. Attorney and Solicitor. 

Wills on Circumstantial Evidence. — Fourth Edition. 

8vo., 10*. cloth. 

EVIDENCE. Illustrated by numerous Cases. By the late William 
Wills, Esq. Fourth Edition, edited by his Son, Alfred Wili.s, Esq., 
Barrister at Law. 




Powell on Evidence.— Third Edition by Cutler & Griffin. 

12iiio., 16*. cloth. 

DENCE. By Edmund Powell, M.A., of the Inner Temple, Barrister at 
Law. Third Edition by John Cutleu, B.A., of Lincoln's Inn, Barrister 
at Law, Professor of English Law and Jurisprudence, and Professor of 
Indian Jurisprudence at King's College, London; and Edmund Fuller 
Griffin, B.A., of Lincoln's Inn, Barrister at Law. To which is added a 
SUPPLEMENT containing the alterations in the Law of Evidence to 
Michaelmas, 1869. 

The Supplement may be had separately price Is. sewed. 

" We have very great pleasure in trnticlng 
this edition of a work with which we have lonjf 
been familiar. It was certainly a Rood idea to 
makethe bonk useful to the equity practitioner. 
It was a still better idea to adapt the Anglo- 
Indian rules of evidence, which must assist 
materially those who are studying in England 
for the Indian bar, or ]ireparing for the Indian 
civil service. Mr. Cutler, being Professor of 
Indian Jurisprudence at King's College, has 
executed this latter bianch of the work with 
the ability which was to be expected from him, 
and we can heartily recommend this excellent 
edition of Mr. Powell's book as likely to prove 
of very wide utility." — Late Times. 

" To put before students in an attractive 
and concise form the principles of the laws of 
evidence the authors have achieved a success. 
The treatise befoie us has with great care and 
skill incorporated the principles of evidence 
observed in equity, and also the salient rules 
adopted in the Arr-'lo-lndian courts. While 
we think that the sphere of this treatise must 
be conlined to the education of students, we 
have no hesitation in asserting that witliin that 
sphere the book is a great success, and we 
cordially recommend the volume to students 
both for the English bar and for the Indian 
b:ir. Its simplicity and perspicuity render it 
also a valuable aid to members of the Indian 
civil service." — Law Journal. 

•' This is a new edition of a work which we 
fancy has scarcely been as well known m it 
deserves. It has not of course the pretensions 
to completeness of .Mr. Pitt Taylor's 'jook, nor 
possibly has it so much merit as an original 
and scientific treatise as Mr. West's, at the 
same time it is probably more useful than 
either for ready reference in court on ordinary 
points. The present volume is of handy size, 
is moderately cheap, and its contents are re- 

markably well arranged, so that anything it 
contains can be rapidly found. We think 
this will be enough to make the work useful 
to practitioners on circuit, at quarter sessions, 
and especially in county courts where access 
to a library is not usually to be had and it is 
inconvenient or impossible to take many or 
large books. To students and young barris- 
ters also the book will be useful, not only for 
reading at home, as more practical than Best 
and less detailed than Taylor, but also fur 
taking with them into court." — Solicitors' 

" This is a good edition of a very useful work. 
The book itself wv have always considered as 
well adapted for the student and convenient 
for the practitioner. It explains principles 
clearly, and illustiates them without over- 
loading them by the cases quoted. The work 
is more practical in its object than that of 
Mr. Best, and treats the subject in a more 
succinct manner than Mr. Pitt Taylor. There 
could be no better introduction to the study 
of the law of evidence than Mr. Powell's book, 
whilst it is perfectly suitable for ordinary 
reference, and the care that has been bestowed 
on it by the present editors will, we think, 
considerably enhance its value The law has 
been brought ' own to the close of last year, 
and the principles of the law of evidence 
foUoweil by the Court of Chancery have been 
Incorporated in the work, and the rules of 
evidence adopted by the Angio-lndian courts 
have been referred to, the chief part of the 
Indian Evidence Act being in the appendix. 
This last feature of the work will render it 
very valuable for those who studying for 
the Indian civil service, and will not be with- 
out interest for :ill who wish to understand 
thoroughly the principles of the law of evi- 
dence." — Lau> Jfaganne and Uevitto. 

•»• Although in this work the most important derision* only are quoted, and as a rule but one authority 
it given for each proposition, yet ttiere are upicards of 400 cases cited tlierein tchich do not ajtpear 
in the table of cases pr^ed to the latest edition of " Taylor on Etidence." 


Holland on the Form of the Law. 

8vo., 7s. 6d. cloth. 

ESSAYS upon the FORM of the LAW. By Thomas Erskine 
Holland, M.A., Fellow of Exeter College, Oxford, and of Lincoln's Inn, 
Barrister at Law. 

" A work of great ability." — Athenceum. 

" Enritled to very high commendation." — 
Lau Times. 

" The tssays of an author so well qualified 
to write upon the subject."— iair Journal. 

" We can confidently recommend these 

essays to our readers." — Laie Magazine. 

••A work in which the whole matter is 
easily intelligible to the lay as well as the 
professional public " — Saturday Review. 

" Mr. Holland's extremely valuable and iii- 
gcnicus essays."— Spectator. 




Wigfram on Extrinsic Evidence as to Wills. 

Fourth Edition. 8vo., 11«. cloth. 

tli<; Admission of EXTRINSIC EVIDENCE in Aid of the INTER- 
PRETATION OF WILLS. By the Right Hon. Sir Jamks Wiouam, 
Knt. The Fourth Edition, prepared for the press witli the sanction of the 
learned Author, by VV. Knox Wiguam, M.A., of Lincohi's Inn, Esq., 

" In the celebrated treatise of Sir James admiration of every judge who has had to ron- 
WJKram, the rules of law arc stated, discussed suit it " — TMrd hingidnau, in a Pritv Council 
aiid expldiued in a oiamier which has excited the Juiltmenl.July &th, lii5U. 

Williams's Common Law Pleading and Practice. 

8vo., 12*. cloth. 

in the SUPERIOR COURTS of LAW, embracing an outline of the 
whole proceedings in an Action at Law, on Motion, and at Judges' Cham- 
bers; together with the Rules of Pleading and Practice, and Forms of all the 
principal Proceedings. By Watkin Williams, Esq., M.P., of the Inner 
Temple, Barrister at Law. 

" For the Student especially the book has fea- with a practical treatment of the subject, illus- 

tures of peculiar value, it is at the same time trated by forms and examples of the main pro- 

scieniitic and practical, and throughout the work ceedings." — Jurist. 
there is a juuicious union of general principles 

Bainbridge's Law of Mines and Minerals. — 3rd Edit. 

8vo., 30s. cloth. 

By William Bainbridge, Esq., F.G.S., of the Inner Temple, Bairister 
at Law. Third Edition, carefully revised, and much enlarged by additional 
matter relating to manorial rights — rights of way and water and other mining 
easements— the .sale of mines and shares — the construction of leases— cost 
book and general partnerships — injuries from undermining and inundations — 
barriers and working out of bounds. With an Appendix of Forms and 
Customs and a Glossary of English Mining Terras. 

" When a work has reached three editions, work on mines and minerals. It would bo 

criticism as to its practical value is superfluous. entirely superfluous to attempt a general re- 

\\e believe that this woik was the flrst pub- view of a work which has tor so long a period 

lished in England on the special subject of occupied the position of the standard work on 

mining law — others have slnre been published this important subject. Those only who, by 

— butweseenoieason in lookingatthe volume the nature of their practice, have learned to 

before us to believe that it has yet been super- lean upon Mr. Uainbridge as on a solid staff, 

bcded." — Lav Magazine. can appreciate the deep research, the admira- 

" Mr. Uainbridge was we believe the flrst to ble method, and the graceful style of this 
collect and publish, in a separate treatise, the model treatise. Therefore we are merely re- 
Law of Mines and MineraU, and the work was duced to the inquiry, whether the law has, by 
so well done that his volume at once took its force of statutes and of judicial dciisiona, un- 
place in the law library as the text book on the detgonc such development, modititation, or 
subject to which it was devoted. This work change since the year 1856 as to justify a new 
must be already familiar to all readers whose edition? That question may be readily 
practice brings them in any manner in con- answered in the alhrmative, and the additions 
nection with mines or mining, and they well and corrections made in the volume before us 
know its value. We can only say of this new furnish ample evidence of the fact. It may be 
edition that it is in all respects worthy of its also stated that this hook, being priced at iot , 
predecessors."— Z.Btt» Times. has the exceptional characterol being a cheap 

" Alter an interval of eleven years we have law publication."— Zair/oMr/iai. 
to welcome a new edition of Mr. Bainbridgc't 

a Q 


Field's Table of, and Index to, Indian Statute Law. 

Ucniy 4to., 42*. cloth. 

INDIAN STATUTE-BOOK from the Year 1834. with a General Intro- 
duction to the Statute Law of India. By C D. Fikld, M.A., LL.D., of 
the Inner Temple, Barrister at Law, and of H.M.'s Bengal Civil Service. 

" Mr. field has produced a work which will in India, but lo thou practising in the Privy 
be extremely uaeful, iioi ouly to the profession Conucil at Uooie." — Soluiiort' Jimtnal, 

Cutler and Grifl&n's Indian Criminal Law. 

8vo. 6j. cloth. 

XLV. of I860), with Notes. By John Cutler, B.A., of Lincoln's Inn, 
Barrister at Law, Professor of Englisli Law and Jurisprudence, and Pro- 
fessor of Indian Jurisprudence at King's College, London, and Edmtjkd 
Fuller Griffin, B.A., of Lincoln's Inn, Barrister at Law. 

" It may be added that the code is just at use to professional men in England. It has a 

at present out of print, so that the production good index." — Law Magazine. 

of an analysis at the present moment is espe- "This is a work intended fur students and 

cially opportune. Messrs. Cutler nnd Griffin for practitioners in India. Knowing how well 

have produced a useful little hook, and pro- the same authors edited the Indian portion of 

duced it at a time when it will be especially Powell on Evidence, we should be content to 

useful." — Solicitors' Journal. take it on the faith of their repuiation only. 

" This analysis of the Indian Penal Code The mode of analysis is very clear and brings 

seems to have conferred a great boon on the well forward the prominent features of the 

Indian practitioner, and will doubtless be of code."— .^^atr Times. 

Davis's Criminal Law Consolidation Acts. 

r2mo., 10s. cloth. 


1861 ; with an Introduction and practical Notes, illustrated by a copious 
reference to Cases decided by the Court of Criminal Appeal. Together with 
alphabetical Tables of Offences, as well those punishable upon Summary 
Conviction as upon Indictment, and including the Offences under the New 
Bankruptcy Act, so arranged as to present at one view the particular Offence, 
the Old or New Statute upon which it is founded, and the Limits of Punish- 
ment ; and a full Index. By James Edward Davis, Esq., Barrister- 

Powell's Law of Inland Carriers.— Second Edition. 

8vo., 14'S. cloth. 

THE LAW OF INLAND CARRIERS, especially as regu- 
lated by the Railway and Canal Traffic Act, 1854. By Edmund Powell, 
Esq., of Lincoln College, Oxon, M.A., and of the Western Circuit, Barristt-r 
at Law, Author of " Principles and Practice of the Law of Evidence." 
Second Edition, almost re-written. 

" Mr Powell's writing is .siDjrularly precise and it aspires to become, the text book nn the Law of 

condensed, without beint? at all dry, as those who Carriers." — Laa Timet. 

have read his adtuir.ihle Hook of l-vidmc* will " I he two chniuers on the Itailway and Canal 

attest. It will be siren, from our outline of the Traffic Act, 1K56, are ijiiiie new, and the recent 

cocleuts, how exhaustively the subject has been cases under the provisions of that statute are 

treated, and that it is entitled to be, that which analysed in lucid language." — Lata Magaxiue, 

Smith's Bar Education. 

8vo., 9s. cloth. 

By Philip Anstib Smith, Esq., M.A., LL.B., Barrister-at-Law. 

a , , ,, i{> 



Foreshores. Report of case The Queen at the prosecution of Williams 
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Heard at the Police Court, Hull, 31st May, 1870. 8vo. Is. sewed. 

A Letter to the Eight Hon. the Lord High Chancellor concerning 
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Indian Civil Service Examinations. On reporting Cases for the 
Periodical Examinations by Selected Candidates for the Civil Service of 
India : Being a Lecture delivered on Wednesday, June 12, 1867, at King's 
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Francillon's Lectures, Elementary and Familiar, on English Law. 
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Elements of the Logical and Experimental Sciences considered in 
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o — ■ o 


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<& — 



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