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Geo. III.

mains in him in the mean time : 38. c. 54. s. 4. Drawback.

376 and therefore if the in-coming te39 & 40. c. 104, London Coust of nant remove and use it before such Requests.

117 valuation, he is answerable to the 43. c. 141. Magistrates.

13 out-gone tenant in trespass. Beaty 48. c. 98. Post-horse Duty. 416 v. Gibbons, T. 52 G.3.

116 c. 149. Stamp.

208 49. c. 84. Tone Bridge.

305

TROVER, c. 121. Bankrupt.

191 s. 14. Bankrupt. 253

See Corporation, 1. Evidence, 1. 50. c. 49. Overseers' Accounts. 374 Trover does not lie by an in-coming c. 108. Impress.

167 tenant to recover the value of the

away-going crops taken by the offTITHES,

going tenant, who continued to hold

the land as tenant from year to year See EVIDENCE, 2.

after the expiration of an old lease, 1. In ejectment against a lessee of which reserved to him the right

tithes for holding over, after the ex after the end of the term at Lady-day piration of a notice to quit, some evi to fence in and preserve all such dence must be given to shew that he hard corn as should be sown on the did not mean to quit the possession; premises the winter seedness preas by his declaration to that effect, ceding, so as the same exceeded not or even his silence when questioned 29 acres, and was summer fallowed about it; or, as it seems, by sheir. and well manured, &c., and at haring that the defendant, who claimed to reap and carry. away the by assignment from the original

for neither is trover the lessee, had entered into the rule to proper action to try a question as defend as landlord.“ Doe d. Brier

to the right to the land, nor does ley v. Palmer, T. 52 G. 3. 53 the proper remedy for

any

mis 2. But a second notice to the defend

management of the land during the ant to quit at Michaelmas 1811 is former term appertain to the

ina waver as to him of a former no coming tenant, but to the landlord. tice given to the original lessee, from And however the in-coming tenant whom he claimed by assignment, to might maintain

an action against quit at Michaelmas 1810.

ib. the off-going tenant for a breach

of the custom of husbandry in the TRESPASS,

place, in not leaving one-third of See MAGISTRATES, 1,

the away.going crop of wheat sown 2. Plead

upon a clover-brush; yet the custom

of the country could have no place Where the out-gone tenant had cove where the off-going tenant held under

nanted with his landlord to leave a lease expressly making a different the manure made by him on the provision in respect of the away. farm and sell it to the in-coming going crop, or where he continued tenant at a valuation, to be made to hold over after the expiration by certain persons; the effect of of such a lease without coming to such covenant is to give the out any fresh agreement with his landgone tenant a right of on-stand for lord, by which he must be taken to his manure upon the farm; and the hold under the same terms. Boraston possession of and property in it re v. Green, T. 52 G, 3.

71 UNI

same :

ING, 3, 4.

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J. S, HODSON, PRINTER, CROSS STREET, HATTON GARDEN, LONDON.

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