Page images
PDF
EPUB

COLUMN I.-continued.

11. Proviso for re-entry by the said lessor on nonpayment of rent, or nonperformance of covenants.

12. The said [lessor] covenants with the said [lessee] for quiet enjoy

ment.

COLUMN II.-continued.

11. Provided always, and it is expressly agreed, that, if the rent hereby reserved, or any part thereof, shall be unpaid for fifteen days after any of the days on which the same ought to have been paid, (although no formal demand shall have been made thereof), or in case of the breach or non-performance of any of the covenants and agreements herein contained on the part of the said lessee, his executors, administrators, and assigns, then and in either of such cases it shall be lawful for the said lessor, at any time thereafter, into and upon the said demised premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, re-possess, and enjoy as of his or their former estate, anything hereinafter contained to the contrary notwithstanding.

12. And the lessor doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said lessee, his executors, administrators, and assigns, that he and they, paying the rent hereby reserved, and performing the covenants hereinbefore on his and their part contained, shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any interruption or disturbance from the said lessor, his executors, administrators, or assigns, or any other person or persons lawfully claiming by, from, or under him, them, or any of them.

INDEX

TO THE INTRODUCTORY MATTER AND NOTES.

ASSIGNMENTS,

observations on, 63.

CONSIDERATION,

nominal, properly omitted, 3.
real, description of, 4.

CONTINGENT ESTATES,

conveyance of, as chattels, 34.

under the old and new law, 67-70.

CONTINGENT REMAINDERS.

observations on the provisions of the Transfer Act and
the new act relative to, 36-47, 51, 70.

EXCHANGE,

observations on, 61.

not to imply a condition in law, 65.

FEOFFMENT,

customary, may still be made without deed, 29.

could heretofore be made without deed, 60.

FEOFFMENT-continued.

can henceforth (except by custom) be made by deed

only, 60.

henceforth to have no tortious operation, 64.

GENERAL WORDS,

observations on, 6.

"GIVE"

not henceforth to imply a covenant in law, 66.

"GRANT"

the most appropriate operative word, 5.
does not imply a covenant, 5, 57, 66.

not to imply a covenant in law, 66.

freehold lands in possession to be conveyed by, 28,

56.

distinction between estates lying in livery and in grant,

53.

corporations can convey by, 58.

INDENTURE,

observations on the provisions of the Transfer Act
relative to indenting deeds, 31, 34.

distinctions between indentures and deeds-poll, 68.

partly abolished by the new act, 68.

LEASE,

definition of, 62.

difficulty of the question, whether a writing operated
as a lease or an agreement, 62.

MORTGAGEE,

observations on the power given by the Transfer Act to
the executors or administrators of, to convey the
legal estate, 17-21.

TO THE INTRODUCTORY MATTER AND NOTES. 313

OPERATIVE WORDS

used in the present tense only, 4.

used in this work, 5.

PARCELS,

mode of describing, 6.

PARTITION,

observations on, 60, 61.

not to imply a condition in law, 65

POWERS,

proper and improper restrictions on exercise of, 8.
when to be exercised by a person seised in fee in de-
fault of appointment, 102.

how to be exercised, 102.

RECEIPT.

observations on the power given by the Transfer Act to
trustees to give receipts, 21-23.

and on the similar power given to the survivors of
mortgagees, 23, 24.

RECITAL.

mode of reciting assurances, 101.

REVERSION OF LEASE,

merger of, observations on the provisions of the Trans-
fer Act relative to, 47, 71.

STAMP DUTY,

progressive, on lease for a year, 25.

injurious effect of the provision as to the additional
stamp duty in grants operating under the new
act, 57.

P

« PreviousContinue »