thereon. (to wit) By virtue of a warrant from the sheriff of Summons the county of to me directed, I summon you to appear at the next county Court, to be holden at county aforesaid, to answer A. B. in a plea of justly detaining his cattle, goods, and chattels. in and for the taking and un Dated the day of To Mr. L. M. 18-. X. Y. Bailiff. at FORMS OF PROCEEDING. No. I. Notice to be affixed in case of Vacant Possession. consisting of Take notice, that upon the complaint of E. A. of in the county of made unto us A. P. and B. P. Esqrs. two of her Majesty's justices of the peace for the said county, that you the said A. B. have deserted the messuage and tenement called , situate, lying, and being, aforesaid, in the county aforesaid, unto you demised at rackrent by the said E. A., and that there is in arrear and due from you the said A. B. unto the said E. A. one whole year's rent for the said demised premises, and that you have left the said premises uncultivated and unoccupied, so that no sufficient distress can be had to countervail the said arrears of rent; we the said justices, (having no interest, nor either of us having any interest in the said demised premises,) on the said complaint as aforesaid, and at the request of the said E. A., have this day come upon and viewed the said demised premises, and do find the said complaint to be true; and on the day of this present month of we will return to take a second view thereof: and if upon such second view you, or some other person on your behalf, shall not appear and pay the said rent in arrear, or there shall not be sufficient distress on the said premises, that we the said justices will put the said E. A. into the possession of the said demised pre of and that the said tenancy expired [or was deter mined by notice to quit given by the said may be], on the serve on day of the said as the case did [the tenant overholding] a notice in writing of his intention to apply to recover possession of the said tenement [a duplicate of which notice is hereto annexed] by giving, &c. [describing the mode in which the service was effected], and that notwithstanding the said notice the said refused [or neglected] to deliver up possession of the said tenement and still detains the same. Taken the day of before us (Signed.) A duplicate of the notice of intention to apply is to be annexed to this complaint. No. IV. Warrant to Peace Officers to take and give Possession. of Whereas [set forth the complaint] We, two of Her Majesty's justices of the peace in petty sessions assembled, acting for the do authorize and command you on any day within days from the date hereof [except on Sunday, Christmas Day, and Good Friday, to be added if necessary,] between the hours of nine in the forenoon and four in the after noon to enter [by force if needful], and with or without the aid of [the owner or agent as the case may be], or any other person or persons whom you may think requisite to call to your assistance into and upon the said tenement, and to eject thereout any person, and of the said tenement full and peaceable possession to deliver to the said [the owner INDEX. A. ABATEMENT, plea of, for non-joinder of co-defendant, 533. waiver of forfeiture, when, 372. 383. and see RENT, REMAINDER-MAN, WAIVER. surrender of old, 395. effect of acceptance of new lease of part of premises in old lease, 400. relief in equity in case of, 657, 658. ACCORD AND SATISFACTION, in case of repairs, 615. in all cases of which damages are the subject matter, 615. accord must be executed, 616. ACCUSTOMED RENT, 194. fine cannot be taken without proof of custom, 197. one kind cannot be reserved for another, 200. ACQUIESCENCE, in wrong notice to quit primá facie evidence of agreement, 362. ACTION ON THE CASE, in the nature of waste, 567. for permissive waste, when, 569. in all cases of permissive waste except tenant at will (semble), 570, 571. ADMINISTRATOR. See EXECUTORS. leases by, to whom rent shall go on death, 133. ADMISSION OF TITLE, by payment of rent, 575. ADVERSE POSSESSION, by tenant at will, 12. AGREEMENT, subsequent recognition, 363, 364. not construed a lease if forfeiture is incurred, 85. purchaser holding under, 343. entitled to notice, 343. to leave farm as tenant found it, 557. AGRICULTURE. See CULTIVATION. when tenancy from year to year created by, 11. may be demised, 14. destruction of, 240. APPORTIONMENT OF RENTS, by ecclesiastical persons, under 39 & 40 Geo. III. c. 41-49. 165. in lease of lands of which grantor is seised in fee, and as tenant for life with a power, 20. by act of lessor, 260. of lessee not, 260. of law, 261. surrender of part, 262. entry for forfeiture of part, 262. under 11 Geo. II. c. 19-266. 4 and 5 Wm. IV. c. 12.-271. APPRAISEMENT, of standing corn, when to be made, 450. case of non-appraisement, 450. constable to be present when appraisement made, 481. APPRAISERS, who must not be, 481. how to be sworn, 481. not by constable of adjoining parish, 481. of rent under 20l., if one appraiser sufficient, 483. ARBITRATION, sureties in replevin bond discharged by, when, 642. whether Court will stay action against sheriff by reason of, 642. ARTIFICERS, leases to, 71, ASSENT, by tenant to wrong notice, 362. ASSESSED TAXES. See TAXES. ASSIGNS, estopped by the deed estopping assignor, 25. must be in of the same estate as party through whom he claims, 307, trustee an assign, 309. ASSIGNS-continued. rights and liabilities of assign, 309. affected only by covenants running with the land, 309. when bound though not named, 310. when not bound, unless named, 310. general principle, 311. when not bound although named, 312. of part of premises entitled to benefit of statute 32 Hen. VIII.-318. liabilities, 322. before entry, 323. although mortgagee, 324. liable only by privity of estate, 324. how far by eviction from part, 326. how far liable if he takes subject to rent and covenants, but without assign of assign, 326. assign only entitled to take advantage of breach of covenants in his executors entering as assign, how bound, 336. for rent and taxes, 337. for repairs, 337. after assignment of whole interest, assign cannot distrain, 428. ASSIGNEES OF BANKRUPT. See BANKRUPT, ELECTION. may grant leases under powers in bankrupt, 65. in what manner they may plead in action of covenant for rent, 305. in fact, 300. or in law, 300. by marriage, 300. under execution, 300. by bankruptcy, 300. lessee may assign before entry, 22. distinction between assignment and underlease, 72. 428, 429. assignment must be in writing, 77. but need not be by deed, if stamped, 77. covenant against, 281. condition against, 281. executors bound by, if named, 285. covenant against not broken by assignment in law, 287. without license no relief in equity for forfeiture, by, 656. if maintainable by parties, for whose benefit covenant is made with another, 132. for use and occupation, 506. not if by deed, 506. when assumpsit the proper remedy for landlord, 557. upon implied promise to repair, 557. on implied promise to cultivate, 557. but not for any extraordinary mode of agriculture, 241. And see USE AND OCCUPATION. ASSURANCE. See COVENANT, FIRE. |