And when the premises shall consist wholly or principally of building ground, and comprise sites for the erection of houses thereon, not exceeding five in number

26 5 0

if comprising sites for more than five and not
exceeding ten new houses

and if comprising sites for more than ten new
houses

what considered, in neglect to apply for renewal, i. 759
ACCOUNT,

specific prayer for, not requisite in cases of charities, i. 361

"ACCUSTOMED,"

signification of "accustomably demised,” i. 412

"usual or accustomed rent," i. 414. 465

ACKNOWLEDGMENT

of lease by feme covert, i. 87-8

ACTION,

right of, consequent on breach of contract, i, 731
not defeated by determination of lease, ii. 356

ACT OF PARLIAMENT,

power of leasing created by, must be strictly pursued, i. 447
See also TABLE OF STATUTES, at beginning of Vol. I.

ACTS,"

signification of word, ii. 310

ACTS OF PARTIES,

if receivable in evidence in aid of construction of instrument, i. 725

À DATU,”

effect of words, ii. 54-5

ADDITIONS

to property demised become part of parcels, ii. 32

“À DIE DATÛS,”

effect of words, ii. 54-5

ADMINISTRATOR. See EXECUTOR.

ADMISSION

of copyholder not necessary to his lease, i. 116

ADVOWSON

may be leased, i. 24

whether demisable by tenant in tail under 32 Hen. 8. c. 28; i. 70. 72
appendant may pass under word appurtenances, on lease of manor,

ii. 34

AFFIRMATIVE.

distinction between a particular power affirmative, and a general power
restrained by a negative, i. 75. 247. 426

AGENT,

agreement or lease by, binding on principal, i. 390
not if in contravention of authority, i. 390
cannot personally take benefit of contract, i. 391
should execute deed in name of principal, i. 391
otherwise personally liable, i. 391

effect of lease made in name of, i. 391
usual form of agreement by, i. 392

power of, not capable of delegation, i. 392

effect of lease made by, reserving rent to principal, i. 392

where lease inter partes, i. 392

need not be authorised in writing to contract for lease, i. 393
must be authorised by deed to execute deed, i. 393

or to demise incorporeal hereditaments, semble, i. 393

testator cannot appoint executor agent to lease in devisee's name, i. 393
lease by principal to; by client to attorney; by ward to guardian;
by cestui que trust to trustee; by mortgagor to mortgagee, i. 559
though good at law, viewed with jealousy in equity, i. 559
proof of propriety of bargain rests on lessee, i. 560

advisable to employ mediation of third party, i. 561

costs, i. 561

on setting lease aside, lessee allowed for lasting improvements,
i. 562

effect of length of acquiescence by principal, i. 562

AGREEMENT FOR LEASE

by corporation, whether Common Seal necessary, i. 179
signature of, contemplated by Statute of Frauds, i. 568
sealing not necessary to validity of, i. 569

not originally binding, established by subsequent acts of acknowledg-
ment, i. 569

not signed by plaintiff to suit may be foundation of suit for specific
performance, i. 570

signature of, where dispensed with on ground of part performance,
i. 571. See further, PART PERFORMANCE.

bare promise of a lease cannot be enforced, i. 574

statute of frauds may be insisted on as a defence, though party admit
agreement, i. 578

form of, i. 579

lease distinguished from, i. 579, et seq.

in what cases the question can now occur, i. 579

no particular form of words necessary to constitute, i. 581-2

consequences of the distinction, i. 582

distress not supported by, i. 582

copyholds not forfeited by, i. 582

AGREEMENT FOR LEASE-(continued)

cases which have been held to amount to, i. 582, et seq.

where want of certainty, i. 588

where circumstances of inconvenience attendant on contrary con-
struction, i. 591

with reference to nature of estate-copyholds, i. 593

freehold, in futuro, i. 596

declaration that instrument is to operate as, i. 598

merely denominating instrument an agreement will not give it
that operation, i. 598

nor stipulation for future lease, i. 598. 605

cases which have been held to amount to lease, i. 598

effect of taking possession, i. 610

in cases of doubt advisable to have instrument stamped as a lease and
agreement, i. 610

only one penalty payable, i. 611

construction not governed by stamp, semble, i. 611
stipulation for enjoyment for a year, i. 611

consequences of, i. 611

performed by procuring one to be granted, i. 613

not tantamount to covenant for title, i. 613

party agreeing to grant lease not bound to procure release of equity of
redemption, i. 613

but owner of equity of redemption must concur, i. 613

party holding under agreement may be ejected at end of term con-
tracted for, without notice, i. 613

does not imply that premises shall be fit for purposes of lessee,

i. 613

broken, if party disable himself from performing it, i. 619

admissibility of parol evidence, i. 640. See PAROL EVIDENCE.
in writing, may be discharged by parol, i. 650

for sale of freehold to tenant at will determines tenancy, i. 656
stamp on, ii. 564

AGRICULTURE. See HUSBANDRY.

ALIEN,

power of Crown over lands purchased by, i. 222
lease for years to alien merchant good, i. 531

power of Crown over freeholds, on office found, i. 531

to grant license to hold, i. 531

privileges of, under 7 & 8 Vict. c. 66; i. 532

may take as executor or administrator, i. 533

right of, to wife's term, i. 533

leases to alien artificers formerly void by 32 Hen. 8. c. 16; i. 533
construction of act, i. 533

enemy cannot be lessee, i. 534

ALLOTMENT WARDENS,
power of, to lease, i. 385

ALLOTMENTS,

lease of, by ecclesiastical corporation, under inclosure act, i. 249

ALTERNATIVE,

rent may be reserved in the, ii. 106

"ANCIENT"

signification of" usual or ancient and accustomed rent," i. 414. 465