APPENDIX. 39 



if it were fo indorfed and figned before the enfealing and delivery, as well as by force of a con 

 dition contained in the body of the deed. 



The laft mode by which a leafe may be determined is by forfeiture ; and any acl: by which the 

 tenant disaffirms or denies the title of his landlord is a forfeiture : 



As where he fues out a writ, or reforts to a remedy which daims the freehold or fuperior 

 eftateof his landlord or where, in an aftion by his landlord upon the leafe or letting of the 

 premifes, he defends under the grant of a greater intereft in the land, or acknowledges the 

 title to be in a flranger,or attempts to alien or convey in fee. 



Alfo a forfeiture may be incurred by the breach of exprefs or implied covenants ; but, as the 

 Courts always lean againit forfeitures, the landlord cannot take any advantage of any forfeiture 

 if he has afterwards done any adl that amounts to a waver of it : however, the forfeiture muft 

 in fad be known to the landlord at the time, in order to render his acceptance of rent or any 

 other acl a waver. 



CHAP. IV. 



Of Rent and Taxes. 



The refervation of rent ought to be certain ; for, if a man demife lands, rendering after the 

 vate of . 20 per annum while the leafe continues, it will be void : for it does not appear what 

 rent he (hall pay in certain,, or at what time. And the rent muft be referved to the landlord 

 himfelf, and not to a flranger. 



If the landlord die before the laft inftant of the rent day the rent will go along with the 

 land to the heir at law, or to him who is next entitled, and not to the executor or adminiftrator ; 

 becaufe the tenant has till the laft inftant to pay his rent; and confequently if the landlord die 

 before it is completely due, his executors or adminiftrators can make no title to it. 



Where a time certain is appointed for the payment of rent neither the tenant nor the land 

 lord is bound to attend to any other time; and if the thing be to be done on a day certain, but no 

 hour of the day is fet down, wherein the fame (hall be done, in this cafe they muft attend fuch 

 a diftance of time before fun-fet as maybe convenient to count the money. 



If the landlord enter into any part of the premifes demife:!, the rent is fufpended ; but if he 

 enter by virtue of a power referved, or as a mere trefpafler, yet if the tenant be notevifcled, it 

 will be no fufpenfion of the rent. 



The landlord s remedies for the recovery of rent in arrear, are, Firft, by diftrefs and fale of 

 the goods of the tenant (landing on the dcmiied premifes ; Secondly, by action of debt, where 

 the leafe is by deed ; Thirdly by action of covenant, where the leafe is by deed ; fourthly, by. 

 aUonof debt oraffurjpfit, for the ufe and occupation of the prernifes where they are not held 

 by deed. 



Refpecting the liability of the landlord or tenant to pay taxes, whether they are parlia 

 mentary taxes or parochial rates, it is a general principle that the occupier of the premifes is, 

 liable,. 



