INDEX. A. ABANDONMENT of distress, 206. ACCEPTANCE of rent by lessor operates as a waiver of breach of covenant waiver of notice to quit, 273. waiver of forfeiture, 260, 261. evidence of presumed yearly tenancy, 48, 105, 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 ADMINISTRATORS.-See EXECUTORS. of convict, leases by, 25. leases to, 30. ADVOWSONS, lease of, 36. AGENTS, distress by, 189. notice to quit by or to, 271. AGREEMENT, distinction between, and leases. - See LEASES. for present lease operating as lease, 61. agreement for future effect of 8 & 9 Vict., c. 106, s. 3, 65. AGRICULTURAL fixtures.-See FIXTURES. ALIENS, leases to, 30. ALLOWANCES.-See DEDUCTIONS. ANIMALS, leases of, 35. not to be distrained, 192 n. (c), 196. feræ naturæ not distrainable, 200. beasts of the plough and beasts which gain the land, 201. 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, in respect of time under the Act of 1870, 176. due, 172. where lessor dies before rent is due, 179. 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. ASSIGNMENT, a lease for the whole term operates as an assignment, 11. by the 32 Hen. VIII. c. 34, assignee of reversion and of term may sue and be sued on the limitations to the operation of the statute, 323. implied promise by successive assignees to indem- action after assignment over to third party, 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. 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, presumption as to death of, 8. production of cestui que vie, 9. AVOIDANCE of lease.-See VOID and VOIDABLE LEASES, CONFIRMATIO N 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. trust property remains vested in the bankrupt, 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- proviso for re-entry, or determination of lease on bank- 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. 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 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. 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. |