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1. In ejectment against a lessee of tithes for holding over, after the expiration of a notice to quit, some evidence must be given to shew that he did not mean to quit the possession; as by his declaration to that effect, or even his silence when questioned about it; or, as it seems, by shewing that the defendant, who claimed by assignment from the original lessee, had entered into the rule to defend as landlord. Doe d. Brierley v. Palmer, T. 52 G. 3. 53 2. But a second notice to the defendant to quit at Michaelmas 1811 is a waver as to him of a former notice given to the original lessee, from whom he claimed by assignment, to quit at Michaelmas 1810.

TRESPASS,

ib.

See MAGISTRATES, 1, 2. PLEADING, 3, 4.

Where the out-gone tenant had covenanted with his landlord to leave the manure made by him on the farm and sell it to the in-coming tenant at a valuation, to be made by certain persons; the effect of such covenant is to give the outgone tenant a right of on-stand for his manure upon the farm; and the possession of and property in it re

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See CORPORATION, 1. EVIDence, 1. Trover does not lie by an in-coming tenant to recover the value of the away-going crops taken by the offgoing tenant, who continued to hold the land as tenant from year to year after the expiration of an old lease, which reserved to him the right after the end of the term at Lady-day "to fence in and preserve all such hard corn as should be sown on the premises the winter seedness preceding, so as the same exceeded not 29 acres, and was summer fallowed and well manured, &c., and at harvest to reap and carry away the same:" for neither is trover the proper action to try a question as to the right to the land, nor does the proper remedy for any mis. management of the land during the former term appertain to the incoming tenant, but to the landlord. And however the in-coming tenant might maintain an action against the off-going tenant for a breach of the custom of husbandry in the place, in not leaving one-third of the away-going crop of wheat sown upon a clover-brush; yet the custom of the country could have no place where the off-going tenant held under a lease expressly making a different provision in respect of the awaygoing crop, or where he continued to hold over after the expiration of such a lease without coming to any fresh agreement with his landlord, by which he must be taken to hold under the same terms. Boraston v. Green, T. 52 G. 3.

71 UNI

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

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