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INDE X.

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Acceptance of rent by the tenant in tail amounts to a confirmation of a leafe, in what cafe. 34 Acceptance of rent by the iffue in tail, a confirmation, in what cafes.

35, 248, 413. Such acceptance by an infant renders a voidable leafe valid, in what cafe. 90 But acceptance of rent cannot establish an eftate or a leafe abfolutely void. 162, 184 It renders good only an eftate voidable by entry. 162, 184, 413 Acceptance of rent, as fuch, by the remainder man is an admiffion of the leffee of the tenant for life, though fuch tenant's lease was void.

184

Acceptance of rent by the landlord, as rent, is a waiver of a notice to quit.

Page 181

182

But fuch acceptance is open to expla nation. 161, 181, 413 Where a landlord receives three months notice under a quarterly refervation of rent and takes his rent, it is prefumptive evidence that he meant to dif pense with a notice, The penalty of a nomine pœnæ is waived by acceptance of rent. Acceptance of another tenant by the 235 landlord is a waiver of the notice to quit, in what cafe. Notice by a tenant to his under-tenant and figned by the landlord, is not evidence of the landlord's accept ance of the under-tenant for his tenant.

182

The leffor may have covenant against 145 the leffee although he has received rent from the leffee's affignee. Acceptance of rent after three months 256 expired does not prevent the party from maintaining an ejectment, where a right of entry is given in three months after notice. The affignee of a reversion who has 345 accepted rent from the affignee of the term, may maintain covenant against whom. 265 Acceptance of rent from an affignee after notice of the affignment, difpenfes with a condition that the lef fee fhall not affign without licence.

242, 243

It entitles fuch'leffee therefore, to no- If a leffor receive rent arrear.by any ibid act affirming the leffee's poffeffion, it

tice to quit.

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They may difpofe abfolutely of terms
of years in right of their inteftate or
teftator.

91
As to notice to quit, they stand in the
fituation in which the deceased would
have flood.
279
As they have the chattels of the de-
ceafed, fo they are entitled to the evi.
'dences concerning them.
ibid.
The executor of a husband is entitled
to the rent of the wife's lands, &c.
difpofed of in his life time. 82
A leafe for life abfolutely fhall go to the
279
Trees, in what cafe in the nature of a
chattel and therefore go to the exe-
cutor of the leffee.
278
Timber fallen or cut down, and intend-

executor.

ed for repairs, in what cafes it goes
to the executor and in what not. 280
Executor or adminiftrator of the lord
is entitled to fines due in the lord's
time.
278
The executor, &c. of tenant in fee, in
tail, or in dower, fhall have the em
blements, if fuch tenant die after
fowing and before feverance.
So, the reprefentatives of tenant for life,
fhall have them.
ibid
Executors of a husband feifed in right
of his wife fhall have the emble-
ments, in what cafe.
223
Hops, being in the nature of emble-

220

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348
Leafe granted by a special adminiftrator
during the minority of an executor,
how far valid.
The executors and adminiftrators of
tenants in fee, in tail, or for life,
may bring debt for arrearages of
200, 278, 280, 281
So, thofe of tenant for life may bring
an action on the cafe for a propor-
tionable part of the rent due.

rent.

200, 278, 280
Or they may distrain for it.
287
So, executors &c. are entitled to ar-
rearages due to a parfon in fee,
having an annuity in right of his
church.

278
The executor, &c. of a wife entitled
to arrearages, in what case. ibid
The benefit of a covenant or obliga-

tion goes to the covenantee's exe-
cutor, &c. in what cafe; 279, 289
Who may recover the deed if it be
in the hands of the heir or fuccef-
for.
279
The executors, &c. of a bishop leffee
fhall have the residue of the leafe.

ibid.
The fame action that the deceased
might have had, may the executor,
&c. have alfo.
280, 281
Therefore, for ufe and occupation an
action by them may be sustained.
280, 281
But actio perfonalis moritur cum perfonâ.

281

The

Page 388, 389

The executor or administrator is en- An executor in what cafes a witness.
titled to an action of covenant, on
a perfonal covenant with their tef Of fci. fa, in respect to executors. 399
tator or inteftate, whether they be

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Page 28, 282

The executor, c. of a leffee may
have covenant for the renewal of a
leafe.
282
Of executor charged as ter-tenant for
his enjoyment of the premiffes. 281
Of his enjoyment as executor, &c.
merely.
283
When bound or not, though they be
not named.
ibid
The executor of a leffee is liable on
covenants that run with the land.
256, 425
So, he is liable to the grantee of the
reverfion.
256.435
He may be charged in covenant either
as executor or as affignee.
282, 283, 320
But upon a covenant implied an ac-
tion will not lie against him. 283
Distinction as to heir and executor
respecting a covenant to repair.

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92

282,283
The executor, &c. of a leffee may,
like any other affignee, affign the
term and will not be chargeable af-
terwards.
307
An administrator's affignee of a leafe
need not make profert of the letters
of adminiftration.
The executor of the grantee of a rent-
charge is not within the ftat. of 32.
H. 8. c. 37.
288
"Executors, &c." held void, in what
cafe.
196
The executor or administrator may
have an action against the bailiff
of a liberty for executing a fi. fa.
and removing goods off premiffes
before the landlord was paid a
year's rent.
449
An executor may have replevin for
goods taken in his teftator's life
time.
458

Of distress and avowry by executors
and administrators.
480
Executors, &c. may diftrain for the
refidue of arrears.
489
Whether the reprefentatives of a par-
ty be liable to an affeffment for the
poors-rate.
536

What.

Advowfon.

117
ibid
ibid

It is the object of sale.
But not legally of profit.
An advowfon real affets in the hands
of the heir.
ibid
May be granted in what manner. ibid
Whether it be the object of a demife.

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Page 26 Form of an agreement for lodgings.

ibid

Cafes to the contrary.
Articles of agreement may be rectified
by the minutes.
Damages are recoverable at law for
breach of an agreement for a lease.

27

So, if the agreement be to affign.
28, 128
Money paid under an agreement not
performed may be recovered on a
count for money had and received.

28

The party need not in fuch case de-

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an agreement for ready fur-
nifhed lodgings.

543

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ment.

tbid.

Neither can he be party to a leafe. 111
clare fpecially, though the agree-Therefore he cannot by ftatute be te-
nant under a lease of any dwelling
houfe or fhop.

ibid

ment be in writing..
An agreement may be declared on
fpecially, or the written contract
may be given in evidence. 28, 29
Where a note in writing is, expreff
ing the quantum of rent or the dura-
tion of the term, a parol agreement
fubftantially varying the written
contract is inadmillible.
332
Even though for want of a stamp or
for other defect, the written agree.
ment is inadmiffible.

333
But it is otherwife as to collateral
ibid
ibid

matters.

Or to explain an inftrument.
Or to prove other confiderations than
thofe expreffed.

233

But though a party fail on an agree-
ment void for want of flamps, he
may fucceed on a quantum meruit, 31
An agreement, in what cafe prefum-

ed.

171

Of agreements for lodgings. 185
Articles of agreement must be stamp-
ed, where it is to operate as a leafe,

29

Even though the demife be under the
annual rent of 51. if the intereft be
a beneficial one.
31
Notice by a tenant to his under-te-
nant and figned by the landlord
is not evidence of fuch landlord's
acceptance of the under-tenant as
his own, in what cafe.

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Explanation of the term.
A thing corporeal cannot be appen-
145 dant to a thing corporeal.

ibid.

An alien may occupy under an agree-Common appendant must be by pre-
ment for occupation of premiffes,
though he cannot under a leafe.

111, 112
Form of an agreement for a house and
field, with a covenant to grant a
leafe at the end of the term, if re-
quired.

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scription.

ibid.

The lord may have the land of his te-
nant common appendant to his own
defmeines.
214
Ejectment will lie for common appen-
dant
350
A con-

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