premises, and to the probable costs of such action, to sue the person by whom such warrant was sued out with effect and without delay, and to pay all the costs of the proceeding in such action in case a verdict shall pass for the defendant, or the plaintiff shall discontinue or not prosecute his action or become nonsuit therein, execution upon the warrant shall be stayed until judgment shall have been given in such action of trespass; and if upon the trial of such action of trespass a verdict shall pass for the plaintiff, such verdict and judgment thereupon shall supersede the said warrant. on the boud &c. 127. And be it enacted, that every bond given on the Proceedings removal of any action out of the County Court, or upon for staying staying the execution of any such warrant of possession as warrant of aforesaid, or on moving for a new trial, or to set aside a ver- possession, dict, judgment, or nonsuit, shall be made to the other party to the action at the costs of such other party, and shall be approved by the judge, and attested under the seal of the court; and if the bond so taken be forfeited, or if, upon the proceeding for securing which such bond was given, the judge before whom such proceeding shall be had shall not certify upon the record in court that the condition of the bond hath been fulfilled, the party to whom the bond shall have been so made may bring an action of debt, and recover thereon: Provided always, that the court in which such action as last aforesaid shall be brought may by a rule of court give such relief to the parties liable upon such bond as may be agreeable to justice and reason, and such rule shall have the nature and effect of a defeasance to such bond. tion of act. 142. And be it enacted, that in construing this act all Interpretathings directed or authorized to be done by or with respect to the lord chancellor shall and may be done by or with respect to a lord keeper or the first commissioner for the custody of the great seal of the united kingdom of Great Britain and Ireland; and all things directed or authorized to be done by or with respect to the commissioners of her majesty's treasury shall and may be done by and with respect to three or more of the said commissioners or the lord high treasurer; and the word "person" shall be understood to mean a body politic, corporate, or collegiate, as well as individual; and every word importing the singular number shall, where necessary to give full effect to the enactments herein contained, be understood to mean several persons or things as well as one person or thing; and every word importing the masuline gender shall, where necessary, be understood to mean a female as well as a male; and the words "County Court" shall be understood to mean any court holden under this act; and the term "landlord" shaf be understood to mean the person entitled to the immediate reversion of the lands, or, if the property be holden in jointtenancy, coparcenary, or tenancy in common, shall be understood to mean any one of the persons entitled to such reversion. and the word "clerk" shall be understood to mean "chief clerk" or "registrar;" and the words "attorney at law shall be understood to include a solicitor in any court of equity; and the word "agent" shall be understood to meat any person usually employed by the landlord in the letting of lands, or in the collection of the rents thereof, or specialy authorized to act in any particular matter by writing under the hand of such landlord; and the word "bailiff" shall be understood to include high bailiff; unless in any of these cases there be something in the context inconsistent with such meaning. INDEX. A. Acceptance of a new lease is a surrender of the old, 136. of rent after forfeiture, 155. Account stated equivalent to payment, 103. Action for irregularity in proceedings to recover possession, 357. on replevin bond, 292. for waste, 331. for wrongful distress, 271. on distress for damage feasant, 270. Adjoining land, trespass on, where a way is impassable, 188. are assignees in law, 125. demise by, 66. distress by, 227. of landlord, when entitled to rent before execution cre- Admission of tenancy renders a party liable for use and occu- Admittance of copyholder perfects his title, 25. Advowsons may be demised, 2. Affidavit in ejectment under 4 Geo. 2..349. under 1 Geo. 4..351. Agent, demand of rent by, 146. demise by, 67. notice to quit given by, 162. cannot maintain an action for use and occupation, 217. service of declaration in ejectment on, 345. Agreement to assign, not an assignment, 113. for a lease, when a lease, 99. when a forfeiture, 151. Agreement for lease renders the intended lessee liable for use and occupation, 216. to purchase, not a surrender, 139. Aliens, demise by, 64. may be lessees, 65. Allowance of rates, 307. Alteration in easement, 196. in instrument after execution, 97. Ambassador's goods cannot be distrained, 231. Amendment of declaration in ejectment, 340. in a demise in ejectment, 339. Annuities and rents, distinction between, 203. Apparent ownership of goods, &c. by a bankrupt, 119, 324. Appearance in ejectment, 343, 346. Appendant and appurtenant, distinction between, 176. Apportionment of rent, 210. Appraisement of distress, 260. Approvement of common, 180. Arable land, common appendant to, 176. conversion of, to woodland, waste, 328. Artificer, alien, 64. Assent of assignees of bankrupt vests the term in them, 119. Assessed taxes, by whom paid, 294. how levied, 299. Assessment to poor rate, 299. Assignment, 109. by act of parties, 110. by operation of law, 113. forfeiture on, 152. and underlease, distinction between, 112. of replevin bond, 292. Assignees of bankrupts, 119. demise by, 67. distress by, 227. right of, to fixtures, 324. Assignee of lessor, 125. Assignee of lessee, 127. liable before entry, 129. assignment by, id. Assignee of part of reversion, 126. Assumpsit for use and occupation, 216. Attestation of execution of a lease, 91. Attornment upon an assignment of a reversion, 113. B. Bankrupt's assignees, demise by, 67. right of, to fixtures, 324. Bankrupt's goods may be distrained, 235. Bankruptcy, assignment on, 118. not a breach of covenant not to assign, 152. Bailiff, demise by, 68. distress by, 230. Beasts of the plough, when privileged from distress, 240. by sheriff, a removal of the goods, 234. Broker, distress by, 230. Bond in replevin, 281, 291. Boundaries, tenants' duty to preserve, 312. Building Act, 312, 334. Buildings, when rateable, 300. erected for the purposes of trade, removeable, 321. Canals are rateable, 302, 306. C. Cancelling a lease is not a surrender, 136. Case, action on, for wrongful distress, 272. |