ACTION FOR DILAPIDATIONS. 431 



whether the plaintiff was hkoly to make it his residence, or whether it 

 was suitable for such residence. 



In Macnolty v. Fitzher'bert, where an agreement had been approved 

 by the Court for letting a farm, the farm-house and buildings of ivhich 

 being in a dilapidated stats, were to be put into substantial repair by the 

 receiver, Sir J. Romillg M.R. made an order with very great hesitation, 

 on the petition of the tenant for life, that the £220 which had been 

 expended (out of £550) on repairs of a permanent character, should 

 be allowed out of the corpus of certain stock, in Court, limited on the 

 same trusts, and of which the petitioner was allowed interest for her life. 



In Golce v. Cholmondley, a testator directed his trustees, out of the 

 rents and profits of his estate, to keep the manor-house and messuages 

 in good repair, and, if necessary, to rebuild any farm buildings from 

 time to time. The buildings being in a dilapidated state at the tes- 

 tator's death, a question arose between the tenants for life and those in 

 remainder as to the construction of the will in this respect ; and it was 

 lield by Kindersley V.C. that the manor-house and messuages must be 

 repaired out of the annual rents and profits ; that the rebuilding applied 

 to farm-houses, and then only in case of their being incapable of repair, 

 or in case of the expense of rebuilding being no greater — regard being 

 had to the nature, age, dimension, and structure — -than the cost of 

 putting them into good repair. 



An action for dilapidations when money is paid into Court, and the 

 question in dispute is only as to the amount of the damages, may be a 

 matter of account, and the subject of a compulsory reference within the 

 meaning of the Common Law Procedure i\ct, 1854, 17 & 18 Vict. c. 124 

 {In re Cummins v. Birla'tt). 



A tenant under a lease which contained a covenant to repair, and leave 

 in good repair, all buildings and erections then standing or to be erected 

 during the tei'm, built a farm-house, partly on the land demised, and 

 partly on the waste adjoining belonging to the lessor. On the decease 

 of the tenant a claim was made by the landlord for dilapidations, and 

 Sir J. Romilly M.R. held that his acquiescence in the act of the tenant 

 prevented his dispossessing him of the premises built on the waste, and 

 that it must be assumed by implication that the covenant to repair 

 extended to the whole building, and that the landlord was entitled, in a 

 suit for the administration of the tenant's estate, to establish a claim for 

 dilapidations {In re Newhery White v. Walcdy). 



Where a rector p)ut up in the garden of the rectory, apart fi'om the house, 

 hot-houses, 70 feet long and between 10 and 20 feet high, consisting of 

 a frame and glass work, resting on brick walls about 2 feet high, and 

 embedded in mortar on these walls, he or his executors in a reasonable 



