INTENTION.-(See Construction). INTEREST. (See Usury). right to, inferred if paid on prior accounts, 23 stipulation to pay, on purchase money when tenancy created by, 326. by executor on legacy, 271, 591. in actions of tort, 643, note (b). arrest for, when, id. note (c). on judgment delayed by writ of error, id. note (b). no taxation of interest, 643, note (c). excess of, on usurious loan, recoverable back as money had and received, form of demand of interest under act, 644, note (d). form of count, 644. in general not allowed at common law, though money payable at time cer- not for goods, moneys, or account stated on guarantees, foreign judgments, nor on money deposited with banker unless agreed for, id. default of holder bars claim, 646, 647. on award, judgment, bond, &c., 647. agreement for, and when inferred, and of compound interest, 647, 648. release of principal, when release of interest, 778. INTOXICATION-(See Drunkenness), 140, 141. INTRUDER, remedy for fees of office unjustly received by, 640, 641. INVOICE, when sufficient memorandum of contract, 398, 400. alteration of purchaser's name, when a new contract of sale, 401. I. O. U., is good, need not be stamped, 120, 656, 758. effect of a second memorandum being written within six years under an old I. O. U., 830. prima facie evidence of account stated, 649, 656. given for gaming, 712, note (d). IRELAND, judgment in, force of, 3, note (ƒ). effect of residence of debtor in, under Statute of Limitations, 800, 801. IRISH JUDGMENT, assignee of, may sue in this country in his own name, 93. JOINT CREDITORS, payment to one of several, sufficient, 747. release by one of, 780. JOINT LANDLORDS, notice to quit by one of, sufficient, 345. JOINT OBLIGORS, payment by one of, no release to action against the JOINT AND SEVERAL, contract is impliedly joint only, 99. JOINT TENANTS, notice to quit should be addressed to all, 346. JUDGMENT, a debt of record and force of, 2, 3. fraudulent, when, and effect of, 3, and note (g). limitation of action on, 8, and note (g). JUDGMENT-continued. given on gaming transactions, 712. liability to action on English or foreign judgment, 24, 25, 790. no reference to master to compute in action on foreign judgment, 875. whether money improperly recovered at law can be obtained back, &c., interest allowed on judgment delayed by writ of error, 643, note (b). a good plea to be now pleaded specially, that in a former action the when it will be presumed that in former action plaintiff recovered when not, no evidence being offered, 788, 789. recovery of only nominal damages in first action, 788, 834. cognovit and judgment for part of note, 787, note (r). judgment against one of two joint debtors, 789, 834. verdict for defendant on same claim, 789. when plaintiff non-prossed in first action, id. sentence or judgment of foreign court of admiralty or other foreign JUSTICE, contracts impeding course of justice, invalid-(See Illegal Contracts), 674. JUSTICES OF THE PEACE, contracts by, liability, 280. LAND, contract to purchase-(See Vendors and Purchasers). LAND AGENT, several employed, who entitled to commission, 548. 1. When an instrument is an immediate demise, or is merely a contract distress in latter case, 314, note (r), 325. whether on contract to demise, &c. lessor, &c., must show intention of parties how ascertained, 313, 317. no precise form to be observed, 314. may be constituted by a series of letters, id. contract for a future demise, 317. implied promise to give possession to lessee, 318. 2. Of the Statute of Frauds as to written demises. enactments:must be in writing to create tenancy for three but if entry on parol demise, yearly tenancy is created, 319. terms of tenancy ascertained by referring to a printed particular, effect of statute of frauds on parol leases, 321. 3. Of a tenancy from year to year. general letting is impliedly a yearly letting, 321. exception, if taking be from party not having legal title, 333. and lands producing crops at certain periods, 321, note (7). LANDLORD AND TENANT-continued. construction of certain agreements for lettings, 321 to 323. implied yearly tenancy by remainderman, and new rector re- executors taking possession impliedly take on terms which tes- their personal liability as such, 272, 273. in case of under-tenant not presumed, 323. by entry on void parol letting, 319, 324. by lessee holding over, 324, 325. by taking possession under agreement for lease; distress in such or unsigned demise, 328. no new tenancy implied from increasing rent, 326. taking possession under sale, id. under clause of renting after notice, 733. payment of rent, prima facie admits yearly tenancy, when other- rule between mortgagee and tenants, 327, 328. notice to quit, when admits tenancy, 328, note (i), 353, note (o). 4. Of the Statute of Frauds relative to the assignment and surrender the third section, id. parol assignment of lease from year to year, id. parol surrender, or parol licence to quit, or void notice to quit, what amounts to such acting upon licence, &c., id. landlord putting up bill to let premises, no determination of te- liability for apportionment of rent in these cases, 330. surrender to take place in futuro, id. cancellation of lease insufficient, 331. taking new lease, or taking additional tenant, good surrender, id. general rule where tenant entered under landlord, his title cannot though premises fraudulently conveyed to landlord, 331, 332. tenant cannot dispute title of landlord's assignee, id. so of reversioner, id. payment of rent not conclusive, 333. misrepresentations by landlord, attornment to sequestrator, or party not having title, 333, 334. may show expiration of title, id. that landlord has mortgaged premises, 334. or eviction, or payment of ground rent, or rent charge, &c., 334, implied indemnity against latter, 335, note (h), 500, 501. when money paid lies, if tenant called on for ground rent, &c., 594, 595. 2. Of the tenant's liability to repair. covenant to repair, no excuse, accidental fire, 735, 337. implied liability of yearly tenant, and to what extent; French law, promise after tenancy commenced to do repairs law does not require, LANDLORD AND TENANT-continued. occupation under void lease liable to repair according to the covenants, so under an expired lease, id implied duty to cultivate farm properly, 337. implied liability under custom of country, not considered if express damages if ground landlord come on landlord for repairs, 338. landlord not bound to repair, when, id. when tenant may quit, if premises out of repair, id. when not liable for rent if house out of repair, 339. covenant to pay 57. per acre for every acre ploughed up, &c., 867. 3. Of taxes as between landlord and tenant. general rule as to landlord's taxes; when tenant by agreement be- deduction of landlord's taxes from rent, 842. when tenant must deduct taxes from rent, 339, note (1). 4. Of notices to quit. 1. What notice and when necessary, on yearly tenancy, on weekly effect of death; by infant mortgagee; remainderman, &c., 340, 341. not necessary unless relation of landlord and tenant, though tenancy at will how determined, 342. demand to recover double value, 353. tenant disclaiming title not entitled, 342. not where tenancy ends at certain time, 343. 2. By whom given. by person landlord at the time, 343. by agent, whether should have authority at the time, id., 885. by one of two partners, id. by new partner, 346. by one executor or churchwarden, 345. by steward, receiver, &c., 346, 885. by commissioners of woods and forests, 889. 3. To whom given. on whom served, 346. 4. When the notice should expire. general rule, half a year's notice, to expire at period when tenancy when tenancy presumed to begin, 347, 348. when time of payment of rent in alternative election of landlord instances of special takings for particular periods, and when no- in case of rent reserved quarterly, entries at different periods, 347. notice need not name day of quitting, id. at old or new Michaelmas, &c., 349. tenant deceiving landlord as to time of entry, or assenting to no- notice in case of lodgings 349, 350. evidence of time of entry, 350. 5. Form and effect of notice in other respects, and how waived. verbal or written; certainty of, 350. as to time of quitting, 348, note (m). LANDLORD AND TENANT-continued. after expiration of, landlord may enter, 350, 351. distress for rent when a waiver, id. 5. Of fixtures.-(See Fixtures). 6. Of away-going crops, tillages, &c. emblements, what are tenant's right to, on quitting, 366. crops, no right, except by custom of country or agreement, effect of right to away-going crop does not entitle tenant to possession of land, remuneration for tillages, straw, hay, manure, dung, foldage, 368 to custom of the country does not apply if express agreement, 369, 25, 99. founded on 11 Geo. IV., if no deed, 370. does not lie if no perfect demise, id. or if no entry and occupation 371. effect of eviction, 370, 873. if written agreement, it must be produced stamped, 371. entry by one executor does not make both liable, id. and by party having title, though no attornment, instances, mortgagee, payment of former arrears, evidenced by receipt for subsequent rent, but not if contract for tenancy negatived, 372, 373. for stallage, 372, note (ƒ). declaration, venue, 373. Statute of Limitations as to, 818. damages recoverable, 872. LAND TAX.-(See Taxes). LEASE. (See Landlord and Tenant). when named days of payment of rent, &c., transposed, &c., to meet inten- costs of preparing 563, 564. surety's covenant in, to pay on demand, 85. recitals, exceptions, provisoes, &c. in, how construed, 86, 87, 96. as to parol evidence, to show old style as to time of commencement of term, action on demise: and as to the stamp (See Stamps), 123, 126, 127. when an instrument amounts to a lease in præsenti, or only to a contract to party agreeing to grant, not impliedly bound to shew title, 309, note (n). LEGACY, promise to pay, 53, 270, 271. (See Executors). parol evidence to show it was not meant in satisfaction of debt, 110. promise by executor to pay interest on, becomes a loan, 271, 591. limitation of remedy for, 8, note (g). LEGACY DUTY, executor should deduct, or personally liable for, 3 M. & W. LETTERS, when together, may constitute an agreement, 70, 522. exemption as to stamping, 131. |