to give effect to the latter. But as the Court of Chancery would not have interfered formerly to prevent a plaintiff enforcing his legal rights in respect of permissive waste but only itself refused to give a remedy, it is thought that their Lordships did not mean to decide that such an action would not now lie in the Queen's Bench Division by a plaintiff having the legal estate. Upon the whole, therefore, it is submitted that there is no sufficient reason to doubt that an action for permissive waste can be maintained in the Queen's Bench Division in cases where both parties have a legal estate, except in the case of tenancies at will, in the strict sense of the term. For further information on the subject of waste the reader is referred to Yool on Waste, and to Bullen and Leake's Prec. Pl. (3rd ed.), p. 422.

INDEX.

ABANDONMENT,

of fixtures by tenant, what amounts to, 128, 129, 178 (z).
delivery of possession without prejudice, &c., 141.
leaving of mere chattels on the land does not amount to, 142.

ACCESSORY BUILDINGS, &c.,

what so considered, 63, 173, 339.
when removable, 63, 103.
general rule respecting, 64.

ACCOUNT, in equity, for waste, 31.

ACTION,

of waste, 351.

in equity, 359.

of trespass, 366.

of trover, 371.

for preventing exercise of right of severing, 375.

on contracts, 382.

by and against executors, 355, 356. See REMEDIES.

ADMINISTRATOR. See EXECUTOR.

AGREEMENT,

evidence of, admissible in cases of erections alieno solo, 36.
between landlord and tenant, how affecting the right to

fixtures, 41, 142, 145 et seq.

instances of, 146 et seq.

between outgoing and incoming tenants, 142, 160 (n), 289.
relating to fixtures, whether within Statute of Frauds, 328.
See STATUTE OF FRAUDS.

stamps on, 335.

to erect fixtures, not within the Statute of Frauds, 332.

need not be stamped, 337.

by parol, for removing fixtures, not valid where a covenant
exists, 149 (i).

for a fresh demise, may prevent the removal of fixtures,
155, 156 et seq.

may reserve tenant's right of removal, 159.

if fixtures expressly mentioned, 160.

for taking lease and fixtures, an entire contract, 328 (m).

See SALE; CONTRACT; COVENANT.

See AGRICULTURAL HOLD-

AGRICULTURAL ERECTIONS.

INGS ACTS.

not removable at common law, 73.

decision respecting, examined, 76.

statutory alterations of the law respecting, 77, 79 et seq.
present state of the law, 96.

AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1875..79,
81, 84, 86, 88, 89 (b), 90, 91, 93, 95 (v), 96 (z).
how far still operative, 81 (f), 96 (z).

AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883.
See APPENDIX (F).

commencement of, 79.

does not extend to Scotland or Ireland, 79.
extends to Crown lands, 80.

to what holdings it applies, 80.

applies to market gardens, 80.

who are landlords within the meaning of the Act, 80.
who are tenants, 80 (2), 81.

does not apply to tenants at will or employés, 81.

contracts to exclude its operation, how far void, 81, 93.
contract of tenancy defined, 85 (8).

change of tenancy not to affect tenant's right to compensa-
tion, 82 (1), 157 (d),

no such provision as to right of removal of fixtures, 157 (d).
saving of rights by custom of country, &c., 82.

rights conferred on tenant are of two kinds, 82.

(1.) compensation for improvements on quitting his hold
82, 87.

"improvements" specified, 83.

improvements before the Act, when compensation for, 84.
tenant to give notice of his intention to make improve-
ments, 85.

landlord's consent to the making of the improvements
where necessary, 84, 87.

agent may give, 85.

may be given upon terms, 85.

compensation payable under existing contracts to be
substituted for that under the Act, 85.

contracts to exclude the right to compensation under
the Act void, 81.

where no compensation under the Act former law to
apply, 86.

improvements during last year of the tenancy, when
compensation to be made for, 86.

incoming tenant purchasing improvements, position.
of, 87.

ascertainment of compensation, matters to be consi-
dered in,

benefits given by landlord, 87.

waste or breaches of covenant by tenant, 87.
breach of agreement by landlord, 88.

limitation of time for landlord's claims under the
Act, 88.

AGRICULTURAL HOLDINGS (ENGLAND) ACT, 1883—

continued.

(2.) right of removal of fixtures and buildings, 88.

only applies in cases where there is no right to com-
pensation under the Act, 89, 90.

fixture or building to be the property of the tenant,
89, 92.

subject to conditions, 89, 92.

within what period it must be removed, 89, 93, 127 (a).
tenant must first pay all rent due, &c., 89.

damage to be avoided as far as possible, 89.

all damage done to be made good, 89, 123 (x).

one month's notice to be given to landlord previous to
removal, 89.

landlord may elect to purchase, 89.

what fixtures are removable, 90.

contract for sale of, not within the Statute of
Frauds, 331 (a), 334.

landlord's consent to original erection unnecessary, 90.
purpose for which building or fixture put up not
necessarily agriculture, 91, 118.

common law right of removal (if any) not excluded, 92.
contracts to exclude right of removal under the Act
are not void, 93.

procedure for enforcing right to compensation, 94.

notice of intention to claim compensation, 94.

award final if amount claimed is not more than 1007., 94.
appeal to county court and thence to High Court on
special case, 95.

no provision for payment to the landlord of balance
due to him, 95 (v).

effect of the legislation, 96.

Act may apply to erections for domestic convenience, &c.,
91, 118.

year's notice to quit necessary by, 270 (e).

AGRICULTURAL HOLDINGS (SCOTLAND) ACT, 1883,
79 (v).

ALIENO SOLO,

annexations made in, 34 et seq., 280, 369.

evidence of agreement in respect of, admissible, 36.
custom to erect poles for repairs on, 35.

and remove buildings on, 38.

entry on, when justifiable, 133 (r).

AMERICAN LAW. See INTRODUCTION.

ANCHOR, when a fixture, 8, 15.

ANIMALS,

incident to the inheritance, 258 et seq.
feræ naturæ, 259 (1), 260.