APPENDIX. 3 



And a tenancy at will, now confidered as a tenancy from year to year, by the refervation of 

 an annual rent, as above mentioned, may be created either by exprefs words, as where one 

 lets land to another, as long as both parties fhall agree ; or if a man enters and enjoys land by 

 confent of the owner, he fhall be tenant at will to him, though there be not any exprefs leafe 

 at will, for he enters and has the land by confent. Littleton, fee. 70; i Rolle s Abridgment y 

 /. 21 ; Raymond, 147 ; 8 Term Repot ts, 3. 



Alfo, in the cafe of a tenancy from year to year, as long as both parties pleafe, if the tenant 

 die inteftate, his adminiftrator has the fame intereft in the land which his inteflate had, and 

 may bring an ejectment agaiuft the landlord. 3 Term Reports, 13. 



And a tenancy from year to year cannot be put an end to, or determined, without reafonable- 

 notice from the one party to the other. 3 Burrowes, 1609. 



Therefore, if the landlord brings an ejectment for lands fo let at will, he muft prove that 

 half a year s previous notice or warning was given to the tenant, or to his executory in cafe of his 

 death, or the plaintiff will be nonfuited at the trial. 3 JVilfon, 25. 



And the fix months notice or warning to quit, cannot be given on any quarter-day \ but on 

 ly on that which is fix months previous to the day on which the tenant firfl entered, i Term 

 Reports, 159. 



Neither can a tenant from year to year quit at any other quarter than that in which the year 

 expires ; and he muft give fix months previous notice in like manner to the landlord, as in 

 the laft-mentioned cafe. 



And the notice from the landlord muft be pofitive, and not leave an option in the tenant t 

 quit, or to hold over on certain terms; fuch as, &quot; I defire you to quit at Lady-day next, un- 

 kfs you agree to pay double rent ;&quot; but if the words be, &quot; or I^/%a//infift on double rent,&quot; it is 

 other-wife, and the notice is good, becaufe the latter words are added as a threat, which may be 

 waived ; and the former leave an option to the tenant. Douglas, 167. 



But a notice to quit is not neceflary where the tenant has attorned, that is, has acknowledged 

 himfelf to be tenant to a third perfon, in contravention of his landlord s title, or where he de 

 nies to hold as mere tenant to the landlord. Butlers Ni/i Pritis, 96. 



If the landlord receives rent which becomes due after the expiration oi the notice to quit, it is 

 not of itfelf a waiver of the notice ; and if an eje&amp;lt;5tment be brought to recover the lands for not 

 quitting in purfuance of the notice, it will at the trial be left to the jury to confider with what 

 intention the rent was received, as it may be a waiver only of the double rent*, to which the 

 landlord may be entitled, or he may have taken it under the terms, that it fhould not be con 

 fidered as a waiver of the notice. 



adly. TENANT UNDER A LEASE, DEED, OR OTHER INSTRUMENTS WRITING.] Leafes, ex 

 ceeding the term of three years, muft be in writing, as before obferved ; but no precife form 



* By the ftat. n Geo. 2, c. 34,/r. 18, in cafe any tenant fhall give notice of his intention to quit the 

 f remifes, and (hall not accordingly deliver up the pofleffion at the time in fuch notice contained, the 

 faid tenant, his executors, or adminiftrators, ftall pay to the landlord double the rent which ke wouid other- 

 wife have paid ; and it has been determined, that the notice by the tenant to quit under the above ftatute 

 need not be in writing, but that a parol or verbal notice to quit is fufficient. 3 Burrows, 1603. 



Az 



