The Law of Landlord and Tenant in New South Wales

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Angus and Robertson, 1906 - Landlord and tenant - 496 pages

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Page 350 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
Page 181 - Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the Court for relief; and the Court may grant or refuse relief, as the Court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section, and to all the other circumstances, thinks fit...
Page 234 - English law to be under seal, may be made on behalf of the company in writing under the common seal of the, company...
Page 179 - A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease, shall not be enforceable, by action or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and, in any case, requiring the lessee to make compensation in money for the breach...
Page 234 - Any contract which if made between private persons would be by law required to be in writing, and...
Page 386 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Page 174 - Person, his or her Executors, Administrators, and Assigns, shall have such and the same Remedies at Law and in Equity for recovering such apportioned Parts of the said Rents...
Page 186 - Before we conclude the doctrine of remainders and reversions, it may be proper to observe, that f whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate/ the less is immediately annihilated;! or, in the law phrase, is said to be 'merged, that is, sunk or drowned, in the greater.
Page 165 - Majesty's justices of the peace in and for the said [county], to answer to the said charge, and to be further dealt with according to law. Given under my hand and seal, this day of in the year of our Lord at in the [county] aforesaid.
Page 234 - ... persons would be. by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under its authority, express or implied, and may in the same manner be varied or discharged...

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