PART III. to take it upon himself. (Sm. Landl. and TIT. II. CAP. II. Ten. 100.) Duty of tenant as to use of the property. Two kinds of repairs. Liability to repair. Fences. A tenant of a house is bound to use it in a tenant-like manner, and a tenant of a farm to occupy it fairly and in a husbandlike manner, and cultivate it according to the usage of the country where the land is situate. (Woodfall, 434, 448.) Repairs are of two kinds, substantial repairs and ordinary repairs. The former include those to the main walls, roofs, timbers, &c.; the latter, the common reparations to windows, shutters, doors, &c. (Woodfall, 432.) The landlord is never liable to ordinary repairs, unless he has contracted to do them, even if the house is burnt down, and he has received the value from an insurance office. In the absence of agreement to the contrary, the tenant is always liable to them. A tenant from year to year is only bound to do such repairs as may be necessary in consequence of the negligence of himself or his servants, or to keep the premises wind and water tight. (Woodfall, 433-4, 447.) It is the duty of the occupier of lands to repair the fences. (Woodfall, 456; Dixon's Law of the Farm, 93.) The property in timber, and in trees which PART III. TIT. II. CAP. II. Trees, bushes, and are timber according to the custom of the of contract sent. A tenant remaining after the expiration Continuance of a lease, may be taken to hold upon any of by tacit conthe terms of such lease that are consistent with a yearly tenancy. (Woodfall, 523.) Where the landlord claims the land from Ejectment by landlord. his tenant, it is not necessary for the landlord to prove his title to it; for it is a rule. that a tenant or anyone claiming under him shall not be allowed to dispute his landlord's title, that is, the original right of the person who admitted him into possession; but he may show that it has since expired or been parted with. (Broom Com. 738-40; Roscoe on Evid. 667; 2 Selw. N. P. 696-7.) by a stranger. A tenant to whom a writ in ejectment is Ejectment delivered, or to whose knowledge it comes, must, under penalty of forfeiting the value PART III. of three years' improved or rack rent, forth TIT. II. CAP. II. with give notice thereof to his landlord, that he may be allowed to appear and defend. (Cole on Eject. 115; Broom Com. 742.) CHAPTER III. VENDORS AND PURCHASERS.* A MAN may dispose of his goods by sale to PART III. any person and in any manner he pleases. TIT. II. CAP. III. Power of execution. person who property in And he may so dispose of them, even where a writ of execution has been delivered to the disposal. sheriff; but the sale would be subject to the sale after rights of the execution creditor, unless the sale was made in market overt, that is, in open market, for valuable consideration, and before seizure, to a bonâ fide purchaser, who had no notice of the writ. And even where Sale by a a person is not the owner of goods, but has has not the only the possession, as in the case of a thief the goods. or a finder, he may make a valid sale, if between sunrise and sunset, in market overt, to a bonâ fide purchaser, who does not know that they are not his property. In the country, market overt is only held on certain days and in a certain place. In the city of London, every day, except Sunday, is market day, and every shop is market overt, for things which * See the learned work of Mr. Justice Blackburn on the Contract of Sale. PART III. are publicly exposed there for sale, and in TIT. II. CAP. III. which the shopkeeper professes to trade. (Sm. Merc. Law, 484-6; Tudor's Ca. on M. L. 603-6; Selw. N. P. 1335; 2 Ste. Com. 71-2.) But a purchaser of goods or chattels in market overt acquires no title to them, if he buys them with knowledge of the vendor's want of title; as when he knows that the vendor is not the owner, or is an infant. And if they were stolen, and the thief is convicted, they revest in the owner on conviction, and the owner may then recover them from any person, even a purchaser for valuable consideration, without notice, who has them in his hands or under his control at the time they are demanded by the owner. But persons who buy and sell them again before the conviction, cannot be sued for the value of them. (Add. Torts, 198; Tudor's Ca. on M. L. 605-7; 2 Ste. Com. 72-3.) A person who buys goods otherwise than in market overt acquires no better title than that possessed by his immediate vendor, even though such purchaser buys bona fide, without notice of any infirmity of title on the part of his vendor. And therefore, if they have been stolen, the owner may recover them from such purchaser, although |