or simony, 601.

or bankruptcy, 602.

or as lodger, when, 602.

if lease be made by churchwardens of lands in lease, 602.

if bad title appear on face of instrument, 602.

party coming in, in place of tenant cannot set up the title of the tenant
in defence, 603.

or take advantage of a discrepancy in evidence, where, 603.

may shew landlord's title has expired, 603.

by determination of estate pur auter vie, 603.

or lease by tenant in tail, 603.

or death of tenant for life, 604.

that lessor was seised jure uxoris, 604.

tenant may shew subsequent conveyance to mortgagee, 604.
union of legal and equitable title, 605.
eviction by title paramount, 605.

may deny assignment, 606.

or executorship, 606.

or shew disclaimer, 606.

may shew infancy, 606.

eviction, 606.

or performance, 610.

discharge by statute of limitations, 613.

may shew tender, 614.

release, 614.

accord and satisfaction, 615.

when entitled to whole damages for injuries to land, 668.
when to proportion only, 667.

See BEDFORD LEVEL, COPYHOLDER.

TENANT RIGHT OF RENEWAL,

explained, 637.

capable of being enforced in Ireland, 637.

some parts of the north of England, 637

in other cases a mere indulgence, 637.

TENANT IN TAIL. See TAIL.

TENANT FOR LIFE. See LIFE.

TENANT FOR YEARS. See LEASE, YEARS.

TENANT FROM YEAR TO YEAR. See YEAR TO YEAR.

TENANT AT WILL. See WILL.

TENANT BY SUFFERANCE.

See SUFFERANCE.

See JOINT TENANTS.

TENANTS IN JOINT TENANCY.
TENANTS IN COMMON,

leases by, 26.

notice to quit by, 365.

distress by, 432.

in ejectment by, 577.

must sever in avowry, 646. See PLEADINC.

EEE

TENANT APRES POSSIBILITY,

leases by, 29.

TENDER,

will prevent distress, when, 476.

before impounding, 477.

but not after, 477.

except in case of growing crops, if before ripe and gathered, 477.
to whom to be made, 477.

in a lease may signify the time as well as the estate, 112, 113.
THAMES,

lands embanked from, 299.

free from taxes, what, 299.

TIMBER,

exception of, 107.

what trees are, 238.

felling of, when waste, 239.
when not, 239.

lopping timber, when waste, 238.
if tenant fell timber and sell it, 240.
or sell and buy other timber, 240.
or exchange, 240.

may cut down dead timber, 240.

tenant may shew landlord's liability to furnish for repairs, 611.
assignment of, for repair, 239. See ORNAMENTAL TIMBER, TREES,
WASTE.

lease of, under act of parliament, when void, 383

TRADE. See USUAL COVENANTS.

not to exercise particular trade, 292.

TREES. See TIMBER, WASTE.

tenant may cut down trees, not timber, when, 239, 240.
when not, 239.

must not stub up germins, hedges, or underwood, 239.

or cut down fruit trees, 239.

covenant not to remove or grub up when broken, 241, 242.

if cattle of tenant bark the trees, 240

trees felled by landlord fit for fire-wood, if tenant may remove, 572.
trover will lie by landlord for timber felled by stranger, 665.

tenant's remedy, 667.

TRESPASS,

maintainable by tenant by sufferance evicted without demand (semble) 13.
will not suspend rent, 608, 609.

for illegal distress, when, 655,
for irregular distress, how, 653.

if landlord abuse distress, 655.

when trespass or case, 654, 655.

TRESPASS-continued.

not trespass for impounding in wrong county, 655.
will not in general lie for landlord, 665.

tenant may maintain, 666.

both landlord and tenant may maintain, when, 667.

TROVER,

not for mere irregularity in sale of distress, 655.

landlord may maintain against strangers for trees felled, 665.
when it lies against outgoing tenant for taking off crops, 572.
TRUSTEE,

surrenders may be made without their concurrence, under 4 Geo. II.

if demise produced, the fixed rent to be the medium of damages, 507.

when action of assumpsit lies, 507.

action lies for constructive as well as actual occupation, 509.

whenever an implied contract for occupation is raised, 509.

secus, if express contract which cannot be enforced, 512.

if rent reserved at stated periods, and tenant occupy short of such period,

515.

slight recognition of tenancy sufficient, 513.

does not lie, if premises are let for prostitution, 516.
tenant shall not dispute landlord's title in, 516.

or persons claiming through him, 517.

nor give evidence of simoniacal contract, 517.

tenant may shew landlord's title has expired, 517.
grantee of reversion may have action after notice, 518.
or trustee for annuitants, 518.

mortgagee, 519.

does not lie for antecedent occupation by others, 520.

or against husband for former occupation by wife, 521.

when it lies by party not obtaining possession under plaintiff, 521.
lies for rent due, after premises destroyed by fire, 522.

USE AND OCCUPATION-continued.

when tenant has quitted, without regular determination of tenancy,

523.

secus, if tenant from year to year quit, and landlord re-let during the
year, 524.

when landlord receives possession, 524.

if landlord treat tenant as trespasser, 524.

or evict, 525.

if tenant occupies part after eviction, 525.

if one of several executors enters and occupies, 525.
declaration for, 525.

pleas in, 525, 526.

evidence, 526.

USES, STATUTE OF,

cestui que use may make leases before entry, 22.

USUAL COVENANTS, 144. 208.

in building leases, what not, 208.

covenants in restraint of trade, not usual, 144.
to pay land-tax, not, 144.

or sewer rate, 144.

or not to assign without consent, 145.
USUAL RENT. See ACCUSTOMED RENT.
USUALLY LETTEN,

interpretation of, 179.

V.

VACANT POSSESSION,

proceedings under 11 Geo. II. c. 19-585.

benefit of statute extended by 57 Geo. III. c. 52-586.
when half rent due, 586.

under demise or agreement, written or verbal, 586.

whether landlord have power of re-entry or not, 586.

two or more justices may view, 585.

may give notice of return for second view, 586.
may put landlord in possession, when, 586.

lease void, 586.

tenant may appeal to judge of assize, 586.

information need not be on oath, 587.

proceedings in other cases of vacant possession, 587.

how to proceed in, 587. 596.

what amounts to vacant possession, 587.

as to fixtures and moveables, 588.

fixtures cannot be removed by tenant after entry, 588.

landlord cannot appropriate moveables, 588.

course to be pursued to distrain on the moveables before entry, 588.569.

no remedy under the statutes, 587.

if colourable only, 588.

if sufficient furniture left for distress, 588.

if not under the statute any goods will prevent vacant possesion, 597.
cannot distrain, if door closed, 589.

if premises are wholly unoccupied, landlord may enter, 597.

VARIANCE,

may use force, (semble,) 597.

between evidence and recital, on record, how cured, 504. 540. 599.
when fatal, 540.

VENUE,

in action of debt, 499.

in covenant, 533. 535.

VENUE-continued.

local or transitory, as founded on privity of contract or of estate, 533.
if on privity of contract, 533.

of estate. 534.

if venue local, may be changed, when, 535.

in ejectment, 576.

VOID, LEASE. See YEAR to Year.

of lease void for uncertainty, yet good from year to year, 110.
See REMAINDER-MAN, RENT.

covenants in void lease attach, when, 248.

VOID AND VOIDABLE,

distinction between, 378.

how far now existing, 378, 379. 382.

lease of tolls under act of parliament, when void, 383.