ciple, some few errors have, it is feared, been introduced which the practised eye of the professional reader will at once detect. Still, however, it is hoped that, through the care which has been bestowed on the selection of materials, and from the arrangement which has been adopted, the Treatise will be found to be extensively useful as a book of reference, as well in the chambers of the practitioner as in the Courts of Nisi Prius.

2, HARE COURT, Temple, May, 1847.

C. B. CLAYDON.

TABLE OF CONTENTS.

CHAPTER I.

WHAT MAY BE DEMISED.

THINGS lying in livery or grant, 1; Incorporeal things: viz.

Advowsons, 2; Tithes, 2; Ways, Commons, and Estovers, 3;

Dignities, 3; Offices, 3; Franchises, 5; Corrodies, Annuities,

and Rents, 6; Corporeal things: viz. Personal Chattels, 6;

Land, 6; Fstates in Fee Simple, 7; Estates in Fee Tail, 9;

Estates for Life, 10; Estates by Curtesy, 11; Estates in Dower,

12; Estates for Years, 15; Estates at Will, 16; Estates at

Sufferance, 18; Reversions, 19; Remainders, 20; Manors, 23;

Copyhold Estates, 24.

CHAPTER II.

BY AND TO WHOM A DEMISE MAY BE MADE.

Tenants in Fee, 26; Tenants in Tail, 27; Tenants for Life, 27;

Tenants by Curtesy, 28; Tenants in Dower, 28; Tenants at

Will, 28; Reversioners, 29; Lords of Manors, 29; Copy-

holders, 30; Joint Tenants, 32; Coparceners, 34; Tenants in

Common, 35; Corporations, 36; The Sovereign, 37; Ecclesi-

astical Corporations, 38; other Corporations, 48; Parish

Officers, 49; Husband and Wife, 50; Master and Servant, 56;

Guardians, 56; Infants, 57; Lunatics, &c., 59; Persons under

Duress, 61; Persons Attainted, 61; Aliens, 63; Executors and

Administrators, 66; Assignees of Bankrupts, 67; Tenants by

Elegit, 67; Trustees, Agents, &c., 67; Persons having Powers,

68; Disseisors, &c., 69; Mortgagors and Mortgagees, 69.

CHAPTER III.

DEMISE, HOW MADE.

Lease by deed, 72; Premises in a Lease, 74; Habendum, 77;

Reddendum, 80; Covenants, 80; Conditions and Exceptions,

89; Signing, Sealing, and Delivery, 90; Stamps on Leases, 92;

Registry of Leases, 98; Distinction between Leases and Agree-

ments for Leases, 99; Demise by Parol, 102; Creation of a

Tenancy at Will, 105; Creation of a Tenancy at Sufferance,

107.

CHAPTER IV.

ASSIGNMENT.

Definition of an Assignment, 109; What may be assigned,

109; how an Assignment may be made, 110; Assignment by

act of Parties, 111; Assignment by operation of Law, viz.

under Writs of Execution, 114; upon the Bankruptcy of a

Tenant, 118; upon his Insolvency, 121; upon the Marriage or

Death of a Lessor or Lessee, 122; Rights and Liabilities of the

Assignees of a Lessor, 125; Rights and Liabilities of the

Assignees of a Lessee, 127; Rights and Liabilities of a Lessor

or Lessee after an Assignment, 130.

CHAPTER V.

DETERMINATION OF TENANCIES.

By Merger, 131; by Surrender, 134; how a Surrender may

be made, 134; by and to whom a Surrender may be made, 141;

by Forfeiture, 144; on Nonpayment of Rent, 145; where no

sufficient Distress, 147; on Nonrepair, 149; for Waste, 150;

where no Lease has been granted, 151; on Breach of a Cove-

nant in Restraint of Trade, 151; on Breach of a Covenant not

to Assign, 152; who may avail themselves of a Forfeiture, 154;

Waiver of Forfeiture, 155; by Effluxion of Time, 158; by

Notice to Quit, 163; when a Notice is unnecessary, 164; Con-

sequences of holding over after Notice, 165; by Demand of

Possession, 166; Consequences of holding over after Demand,

167.

CHAPTER VI.

INCORPOREAL HEREDITAMENTS CONNECTED WITH LAND.

Enumeration of, 171; Title by Prescription to, 171; Common

of Pasture, 176; Appendant, 176; Appurtenant, 177; Pur

cause de vicinage, 177; in Gross, 178; Limited or Unlimited,

178; Injuries to, 179; Inclosure of, 180; Common of Faldage,

181; Common of Piscary, 181; Common of Turbary, 182;

Common of Estovers, 182; Ways, 183; of Necessity, 186;

Liability to Repair Private Ways, 188; Public Ways, 189; by

Dedication, 189; Repairs of Public Ways, 191; Remedies for

Obstruction of Public Ways, 192; Watercourses, 193; Light,

195; Franchises, 197; Fairs, Markets, and Ferries, 197; Tolls,

198; Forests, &c., 198; Game, 199; Free Fisheries, 200;

Tithes, 201; Rents, 202; Reservation of Rent, 204; Certainty

as to Amount and Time of Payment of Rent, 205; when Rent

may be demanded, 208; to whom it must be paid, 208; Appor-

tionment of Rent, 210; Remedies for the Recovery of Rent, 215.

CHAPTER VII.

OF DISTRESS.

Definition and History of Distress, 221; by whom a Distress

may be made, 222; how the Right to distrain may be Extin-

guished, 223; Distress by Joint Tenants, Coparceners, and

Tenants in Common, 224; Distress by Corporations, 226; by

Husband and Wife, 226; by Tenants pur autre vie, 227; by

Guardians of Infants or Committees of Lunatics, 227; Distress

by Heirs, 227; by Executors or Administrators, 227; by Devisees,

229; by Mortgagees or Mortgagors, 229; by Receivers or

Bailiffs, 230; what Things may be Distrained, 231; Excep-

tions, viz. Goods of Ambassadors, 231; Goods in Custodia legis,

231;
Distress of Goods of a Bankrupt, 235; of Goods of an

Insolvent, 236; Distress of Growing Crops, Trees, &c., 237;

of Cattle and Beasts of the Plough, 239; what Things are

privileged from Distress in favour of Trade, 241; or for the

Preservation of the Peace, 241; Distress of Fixtures, 242;

when a Distress may be made, 243; when a Second Distress

may be made for the same Rent, 246; where a Distress may be

made, 247; in case of a fraudulent Removal, 249; how a

Distress may be made, 252; and how disposed of, 258; Ap-

praisement and Sale of a Distress, 260; Expenses of Distress,

262; Distress for Tithe Rent Charge, 265; Distress Damage

Feasant, 268.

CHAPTER VIII.

REMEDIES UPON A WRONGFUL DISTRESS.

By Action of Trespass or on the Case, 271; where no Rent

was due at the Time of the Distress, 272; where the Distress

was for more Rent than was due, 274; where the Distress was

Excessive, 274; where several Distresses have been made for

the same Rent, 276; where Goods privileged from Distress have

been taken, 276; other Irregularities in the course of a Distress,

277; by Action of Trover, 278; by Rescue, 278; by Re-

plevin, 280; Entry and Removal of Plaint, 282; Appearance,

283; Declaration, 283; Defence, Avowry, or Cognizance, 284;

Pleas in Bar, 286; Issue, Judgment, and Execution, 288;

Costs, 291; Assignment of the Replevin Bond, 291; Action

against Sureties, 292.

CHAPTER IX.

MISCELLANEOUS RIGHTS AND LIABILITIES.

Liability in respect of Taxes, 294; Assessment to the Poor

Rates, 299; Landlord's liability to repair, 308; Tenant's

liability to repair, 309; Tenant's liability in case of Fire, 310;

Remedy for Nonrepair, 311; Repairs of Party Walls, 312;

Tenant's liabilities in respect of Cultivation, 313; Right to Em-

blements, 317; Right to an Away-going Crop, 319; Fixtures,

320; Waste, 327; Remedies for Waste, 330; Insurance, 331.