LANDLORD AND TENANT-continued.

Tenant's Liabilities

no contract to repair implied from relation of landlord and tenant
having been established, 401

measure of damages in actions on covenants to repair, ib.

(a) where landlord's interest continues, ib.

(b) where it is forfeited or terminated, ib.

depends on state of premises at the commencement of tenancy, ib.

if dilapidation prevents landlord from letting, ib.

landlord may claim as special damage that his lease has been forfeited
by the breach of defendant's covenant to repair, ib.

and may recover the amount he has been compelled to pay in action
for breach of covenant to repair, ib.

covenant to insure, ib.

runs with the land, being by virtue of 14 Geo. 3, c. 78, s. 83,
virtually a covenant to repair, ib.

covenant to cultivate in husbandlike manner, 402

how claim for breach of to be stated, ib.

covenant not to carry on particular trade, ib.

decisions as to what constitutes a breach of, ib.

covenant not to assign, ib.

sub-demise no breach of, ib.

unless where covenant is "not to let or assign over," ib.

assignment by one joint tenant to another violates, ib.

where covenant is not to assign without consent, such consent is

not to be withheld arbitrarily, 402, 403
measure of damages for breach of, 403
covenant to yield up at end of tenancy, ib.
measure of damages for breach of, ib.

landlord may recover cost of ejecting under tenant left in possession
by tenant, ib.

so the expense of compromising an action brought by a person to
whom he had let after expiration of defendant's tenancy, ib.

such damages may semble he recovered independently of covenant, 404
the acceptance of rent for period of holding over does not affect
landlord's right to sue for breach of, 403

actions against assignees of lease, ib.

sub-demise for whole remaining term is an assignment, ib.

executor de son tort entering and taking possession of lease liable
as assignee, ib.

so a person entering into possession or receiving rents and profits is
liable as assignee, though not an executor de son tort, ib.

trustee of debtor's estate for benefit of creditors who has not repudiated
lease, liable as assignee, ib.

trustee in bankruptcy liable for rent falling due between adjudication
and disclaimer of lease, ib.

assignees not liable for breach after they assign away, ib.

notice to landlord of the assignment unnecessary, ib.

assignment to a pauper to escape liability for future rent not void on
ground of fraud, unless there be a secret trust for benefit of assignor,
403, 404

assignee may be sued after assignment for breaches before assign-
ment by him, 404

not liable for breaches committed before assignment to him, ib.

actions for double rent for holding over, ib.

provisions of 11 Geo. 2, c. 19, s. 18.

apply only where tenant has given a valid notice, ib.

holding over must be wilful and contumacious, ib.

actions for double value, ib.

LANDLORD AND TENANT-continued.

Tenant's Liabilities-

actions for double value-

provision of 4 Geo. 2, c. 28, 404, 405

defendant may show that plaintiff waived notice to quit or demand
of possession, 405

such waiver should now be specially pleaded, ib.

FORMS-

statement of claim for rent, 398-405

statement of claim for rent and royalties against assignees of lease of
colliery and breach of covenant to work it in a miner-like manner,
405-407

statement of claim by trustee and cestuis que trust for breach of covenant
to repair, 407

statement of claim by tenant from year to year for breach of implied pro-
mise of quiet enjoyment, 408

statement of defence to preceding claim, setting out waiver of right to
proper notice by accepting shorter notice, 408-409

statement of claim for breach of covenant for title and quiet enjoyment, 409
statement of defence and counterclaim to preceding claim, 410

statement of claim against landlord, under agreement, for improvements
by tenant, 410, 411

statement of claim against landlord for breach of covenant to make im-
provements on demised premises, 411, 412

statement of defence (claim not given), setting out an eviction by landlord,

339

LEASE. See LANDLORD AND TENANT.

LEAVE AND LICENCE,

form of defence of, to trespass de bonis asportatis, 601

LESSOR AND LESSEE. See LANDLORD AND TENANT; RECOVERY OF LAND.

LIBEL. See DEFAMATION.

LIEN. See TROVER.

LIFE INSURANCE. See INSURANCE.

LIGHT. See EASEMENT.

LIMITATION OF ACTIONS,

tabular view of period of, in the various actions, 413-417

from what time statutes run, 417-419

in case of breach of contract, 411

in case of torts, 418

when currency of statutes suspended by disability of plaintiff, ib.

when defendants beyond the seas statutes do not begin to run until their
return, ib.

when one of several co-debtors beyond seas, statutes only suspended as to
him, ib.

meaning of "beyond seas," ib.

provisions as to persons beyond seas apply to persons resident abroad as
well as to natives of United Kingdom, 418, 419

when a statute of limitation once begins to run no supervening disability
will interrupt it, 419

revival of barred claim by subsequent payment, ib.

where two debts and one barred effect of payment made generally, ib.

payment by agent sufficient, unless authority exceeded, ib.

LIMITATION OF ACTIONS-continued.

payment need not be made by debtor, 419

when made by third person, being himself also liable, the creditor cannot
appropriate payment as made on behalf of other debtor, ib.

payment by one co-debtor does not revive debt as against other or others, ib.
payment need not be made to creditor, 419, 420

what is sufficient evidence of payment, 420

revival by acknowledgment or promise, 420-422

distinction between effect of promise and that of acknowledgment, 420
evidence of promise or acknowledgment, ib.

acknowledgment by agent sufficient, ib.

promise or acknowledgment by one joint debtor does not deprive other or
others of benefit of any statute of limitations, 420, 421

by and to whom promise or acknowledgment to be made, 421

when to third person it must amount to a promise to pay the debt, ib.

stronger evidence required to revive debt already barred than to suspend
currency of statute, ib.

Court to determine whether a document amounts to a promise or acknow-
ledgment, ib.

so whether it is an absolute or conditional promise, ib.
promise or acknowledgment after action insufficient, ib.

the provision requiring promise or acknowledgment to be in writing
signed, applies to debt on simple contract alleged by way of set off to
which statute has been pleaded, ib.

revival by promise or acknowledgment is confined to cases of debt, and
does not apply to liability for breaches of contract not resulting in a
debt, ib.

the doctrine of revival does not apply to actions for wrongs independent
of contract, ib.

infant may by promise or acknowledgment revive debt for necessaries barred
by statute, ib.

revival of specialty debts (provisions of 3 & 4 Will. 4, c. 42), 421, 422
they may be revived by acknowledgment in writing signed by debtor
or his agent, 422

or by part payment or part satisfaction of principal or interest, ib.
act only applies to money remaining unpaid, and acknowledged to be
due, ib.

and not to other claims for acts or omissions in breach of covenant, ib.
acknowledgment under act need not import a promise to pay, ib.
and may therefore be made to a third person, ib.

how minority or other disability to be pleaded in reply to a defence that
debt is barred by statute, ib.

now necessary to reply specially where debt revived by payment or by
promise or acknowledgment, ib.

revival of specialty debt under. 3 & 4 Will. 4, c. 42 must be specially
replied, ib.

and reply must state whether revival was by part payment, part satisfac-
tion or acknowledgment, ib.

a reply to a defence setting up Statute of Limitations that the cause of
action was fraudulently concealed is demurrable, ib.

foreign statutes of limitation which bar the remedy and not the right have
no application here, ib.

FORMS

statement of defence setting up Statute of Limitations, 180

statement of defence of Statute of Limitation to action for the recovery of
land, 519, 520

reply that debt was revived by acknowledgment in writing, 164

reply that plaintiff was under disability at accrual of cause of action, &c.,
180

LIVERY STABLE KEEPER. See TROVER, head "LIEN."

LODGING-HOUSE KEEPER. See INNKEEPERS.

"LOST OR NOT LOST," POLICIES. See INSURANCE (MARINE).

LOST GRANT. See EASEMENTS.

LUGGAGE,

(personal) liability of carrier for. See COMMON CARRIERS.

MALICIOUS ARREST,

imprisonment for debt abolished generally by 32 & 33 Viet. c. 62, 423
certain cases in which a person may still be imprisoned for debt, ib.
cases on which arrest on mesne process still lawful, ib.

to found the action it must be shown that there was no reasonable or
probable cause for measures taken by defendant, ib.

plaintiff must state and prove that proceedings have terminated in his
favour, ib.

FORMS-

statement of claim for maliciously procuring the arrest of the plaintiff in a
civil suit, 423, 424

counter claim (claim not given) founded on malicious arrest, 424, 425

exception to the rule that charge must have been dismissed or conviction
quashed, 426

absence of reasonable and probable cause and malice must be shown, ib.
but malice may be presumed from absence of reasonable and probable
cause, ib.

definition of "reasonable and probable cause," ib.

necessary to state and show that plaintiff has been injured in person, repu-
tation, or business, 426, 427

FORMS-

statement of claim for malicious prosecution on a false charge of embezzle-
ment, 425-427

statement of defence to preceding claim, setting out reasonable and probable
cause and counterclaim, for money appropriated, 427, 428

reply to preceding statement of defence and counterclaim, 428, 429
rejoinder to preceding reply, 429

statement of claim for malicious prosecution on a charge of making a false
claim against an estate in liquidation, 429, 430

statement of defence to preceding claim, setting forth, inter alia, an accord
and satisfaction, 430, 431

MARINE INSURANCE.

MARKET,

See INSURANCE.

statement of claim for obstruction of, 432

MARRIED WOMEN. See HUSBAND AND WIFE.

MASTER AND SERVANT. See WRONGFUL DISMISSAL.

MEDICAL PRACTITIONER,

could not at common law maintain action for fees, 433

statutory provision (21 & 22 Vict. c. 90) giving power to, to recover for
attendance and medicine, ib.

may maintain action under statute without proof of express contract, ib.

may recover against other person than patient where attendance, &c., given
on credit of other person, ib.

must be registered under Act before they can recover fees, &c., ib.

registration must be proved, though not disputed, ib.

medical register, how far evidence of registration or non-registration, ib.
Act (21 & 22 Vict. c. 90) does not affect chemists and druggists or dentists
so far as selling, compounding, or dispensing medicines, ib.
apothecaries-provision of 55 Geo. III. c. 194, relating to, ib.
liability of physicians and surgeons for want of care or skill, ib.
FORMS-

statement of claim by, for attendance and medicine, 433, 434

statement of claim against surgeons at an hospital for injury through un-
skilful operation, 434, 435

statement of claim by executrices of surgeon-dentist for charges for profes-
sional services, 435

statement of defence to preceding claim, 435, 436

statement of claim by medical man for balance of purchase-money on sale
of practice, 436, 437.

MESNE PROCESS,

arrest on. See MALICIOUS ARREST.

MESNE PROFITS,

claim for, may be joined with claim for recovery of land, 515
For FORMS, see RECOVERY OF LAND.

MINES.

See LANDLORD AND TENANT; TRESPASS.

MINORS. See INFANCY.

MISCHIEVOUS ANIMALS. See FEROCIOUS ANIMALS.

MISJOINDER OF PARTIES. See PARTIES.

MISNOMER IN WRIT. See PARTIES.

MISREPRESENTATION,

essential conditions to maintaining action for, 437
when by agent, ib.

when by third person, ib.

by fraudulent prospectus, 437, 438

See provisions of 30 & 31 Vict., c. 131, as to duty of directors to make
certain disclosures in issuing prospectus.

incorporated company liable for, by agent, 438

ADDENDA XXXV.

misrepresentations as to solvency, credit, &c., of third person, b.

must be in writing, signed under 9 Geo. IV. c. 16, ib.
signature of agents and partners, ib.

how far it is necessary to show that plaintiff was influenced by the misre-
presentation, 438, 439

defence that plaintiff relied on his own observation or inquiries, 439
measure of damages in actions for, ib.

FORMS (and see FRAUD)-

statement of claim for misrepresenting the value of a business on the sale

statement of defence to preceding claim, that plaintiff relied on his own in-

thereof, 437-440

vestigations, 440