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INDEX.

A.

ABANDONMENT of distress, 206.

ACCEPTANCE of rent by lessor operates as a waiver of breach of covenant
to insure, 125.

waiver of notice to quit, 273.

waiver of forfeiture, 260, 261.

evidence of presumed yearly tenancy, 48, 105,
107, 261.

ACCIDENTAL fire.-See FIRE.

ACKNOWLEDGMENT by married women, 26.

ACTION for apportioning rent, 179.

for non-payment of rent, 180.

assumpsit, 180, 182.

covenant, 180.

use and occupation, 180.

for wrongful distress. --See DISTRESS.

for not farming according to good husbandry, 235.

for non-repair, 236.

of fences, 237.

for waste, 237.

of ejectment, 238.

for breach of quiet enjoyment, 243.

for not giving possession, 243.

for holding over, 275.

for double value, 284.

for double rent, 287.

by tenant for tillages, &c., 294.

by landlord in trover against out-going tenant, 294.

for breaches of covenant after assignment over to third
party, 324.

ADMINISTRATORS.-See EXECUTORS.

of convict, leases by, 25.

leases to, 30.

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ADVOWSONS, lease of, 36.

AGENTS, distress by, 189.

notice to quit by or to, 271.

AGREEMENT, distinction between, and leases. - See LEASES.
for future lease operating as a present lease, 58.

for present lease operating as

lease, 61.

agreement for future

effect of 8 & 9 Vict., c. 106, s. 3, 65.
evidence of terms of holding, 66.
enforceable in equity, 67.

AGRICULTURAL fixtures.-See FIXTURES.

ALIENS, leases to, 30.

ALLOWANCES.-See DEDUCTIONS.

ANIMALS, leases of, 35.

not to be distrained, 192 n. (c), 196.
when levant and couchant, 192 n. (c).
of a stranger ejecting, 192 n. (c).

feræ naturæ not distrainable, 200.

beasts of the plough and beasts which gain the land, 201.
pursuit of beasts escaping, 201, 202.

impounding of cattle, 211.

ANNUITIES, leases of, 40.

APARTMENTS.-See LODGINGS.

APPORTIONMENT of rent by ecclesiastical corporations, 18.

by act of parties, or by law, 170.

where rent will be apportioned, 170.

where reversion of lessor is severed by alienation,
170.

in respect of time under the Act of 1870, 176.
where lessee's interest in part is destroyed, 170.
where lessee loses interest before his rent is

due, 172.

where lessor dies before rent is due, 179.
under 11 Geo. II. c. 19, 172.

4 & 5 Will. IV. c. 22, 173.

action for apportionment of rent, 179.

of rent on assignment of part, 328.

of covenants.-See ASSIGNMENT OF PART, 329.

APPRAISEMENT on distress for rent, 215.

APPURTENANCES, what is included in the word, 86.

ARCHBISHOPS, leases by.-See CORPORATIONS.

ARREARS of rent go to executor, 331.

ASSENT of executors to a bequest, 333.

ASSESSED taxes recoverable in debt against executor, 331.

DEDUCTIONS.

ASSIGNEES.-See ASSIGNMENT.

ASSIGNEES of bankrupts.-See BANKRUPTCY.

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ASSIGNMENT, a lease for the whole term operates as an assignment, 11.
consequences of, at common law, 321.

by the 32 Hen. VIII. c. 34, assignee of reversion

and of term may sue and be sued on the
covenants, 322.

limitations to the operation of the statute, 323.
lessee continues liable, notwithstanding assign-
ment, 311, 323, 324.

implied promise by successive assignees to indem-
nify original lessee, 324.

action after assignment over to third party, 324.
where right of action given to assignee by statute, 324.

of part of term in whole of lands, 328.

of whole of term as to part of lands, 328.

assignee of part of lands only liable for proportional

rent, 329.

assignee liable for the whole, 329.

apportionment of covenants and conditions at common

law, 329.

by the 22 & 23 Vict. c. 35, s. 3.

ASSIGNS, effect of the word in a covenant, 327.

ASSUMPSIT.-See ACTION.

ATTACHMENT of rent when due, 183.

ATTAINTED persons, leases by, 25.

leases to, 29.

ATTORNMENT, definition of, 318.

no longer necessary to complete a grant, 318.
does not affect possession of lands, 318.

unless with consent of landlord, 318.

or to mortgagee after mortgage forfeited, 318.

or by direction of court, 318.

tenant not prejudiced by payment of rent before

notice, 318.

except by payment of rent before due, 319.

effect of 4 & 5 Anne, c. 16, 319.

no attornment necessary where party comes in by

judgment of law, 319.

attornment of tenant of mortgagee, 319.

notice by mortgagee to pay rent operates as, 319.

payment of rent evidence of attornment, 319.

instrument of attornment not amounting to an agree-

ment, 320.

where terms of holding are varied, it amounts to an

agreement, 320.

estoppel by attornment, 320.

AUCTIONEER, goods sent to, for sale, not distrainable, 198.
AUTRE VIE, leases by tenant pur autre vie, 8.

AUTRE VIE, presumption as to death of, 8.

production of cestui que vie, 9.

AVOIDANCE of lease.-See VOID and VOIDABLE LEASES, CONFIRMATIO N
of LEASES.

AWAY-GOING Crop.-See EMBLEMENTS.

BAILIFFS, distress by, 189.

BANKRUPTCY-

B.

The Bankruptcy Act (1869), 334.

appointment of trustee, 335.

admittance of trustee to copyholds, 335.

actions in name of trustee, 335.

disclaimer by trustee, 336.

neglecting to give notice of disclaimer, 336, 337.

parties not acting under the statute do not take the

benefit of it, 337.

trustee cannot enforce covenant after disclaimer, 337.
powers of trustee, 337-339.

trust property remains vested in the bankrupt, 339.
beneficial interest passes to the trustee, 339.

fixtures do not pass to the trustee, 339.

landlord may distrain for one year's rent, 340.

and prove under bankruptcy for the overplus, 340.

may prove for proportionate part up to day of adjudi-
cation, 340.

proviso for re-entry, or determination of lease on bank-
ruptcy of tenant, 340.

winding up under Companies' Act, 341.

BEASTS of the plough, distress of, 201.

BEER, Covenant to purchase from lessor, 128.

BISHOPS, leases by, 16.-See CORPORATIONS.

BOTES.-See ESTOVERS.

BREACHES of covenants.-See COVENANTS.

BREWERS, leases by, covenant to deal with lessors for all the beer, 128.

BROKER, should not be appraiser of distress, 216.

costs of distress, 217.

BUILDINGS, tenants' right to remove, 307-309.

for public and charitable purposes, leases of, 33.

BUILDING or repairing leases-

granted by the Crown, 16.

by municipal corporations, 16.

by ecclesiastical corporations, 19, 20.

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CATTLE, young of cattle belong to lessee, 36.

CESSER of tenancy.-See EFFLUXION OF TIME, CHANGE OF PARTIES,

FORFEITURE.

Assignment, 321.

Holding over, 274.

Double value, 284.

Double rent, 287.

CESTUI QUI VIE, production of, 9.

death of presumed, 8.

CHANGE of parties, 317.

By Act of Parties.

How a change may take place, 317.
by landlord, 317.

by tenant, 321.

consequences of assignment, 322.

at common law, 322.

by 32 Hen. VIII. c. 34.

See ASSIGNMENT, ATTORNMENT, COVENANTS RUNNING

WITH LAND.

By Act of Law.

death of lessor, 330.

death of lessee, 331.

bankruptcy, 334.

marriage of female lessor, 342.

marriage of female lessee, 344.

writs of execution, 348.

CHANGE of possession.-See UNDER-LEASES.

CHARITABLE uses, trustees for, may take leases, 33.

CHARITABLE purposes, buildings for, 33.

CHATTELS, leases of, 35.

CHURCH, lease in right of.-See CORPORATIONS.

CHURCHWARDENS and overseers, leases by, 20.-See PARISH Officer.
COAL mines.-See MINES.

COLLEGE LEASES, rent reserved in, 109, n. (c).

COMMENCEMENT of term, 94.

must be stated with certainty, 94.

fixed by reference to contingency, 95.

lease by deed, term commences from delivery, 95.

no date stated, 95.

where date stated, 96.

old Michaelmas day, 96.

"to commence from the date," construction of, 96.

leases for lives and for years, 96.

to commence in futuro, 97.

lease by parol from day of entering, 97.

presumed tenancy from year to year, 98.

COMMISSIVE waste.-See WASTE.

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