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.
Acceptance of rent by the landlord, as rent, is a waiver of a notice to quit.
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.
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.
It entitles fuch'leffee therefore, to no- If a leffor receive rent arrear.by any ibid act affirming the leffee's poffeffion, it
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-
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-
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.
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.
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
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.
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
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.
Page 26 Form of an agreement for lodgings.
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.
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.
The party need not in fuch case de-
an agreement for ready fur- nifhed lodgings.
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.
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
Or to explain an inftrument. Or to prove other confiderations than thofe expreffed.
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-
Of agreements for lodgings. 185 Articles of agreement must be stamp- ed, where it is to operate as a leafe,
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.
Explanation of the term. A thing corporeal cannot be appen- 145 dant to a thing corporeal.
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.
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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