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THE

Law

OF

LANDLORD AND TENANT;

WITH ALL THE REQUISITE

FORMS,

INCLUDING THE

PLEADINGS

IN THE SEVERAL ACTIONS BY AND AGAINST LANDLORD AND TENANT,

AND THE

EVIDENCE

NECESSARY TO SUPPORT THEM.

BY

JOHN FREDERICK ARCHBOLD, Esq.,

BARRISTER-AT-LAW.

London:

SHAW AND SONS, FETTER LANE.

LONDON:

PRINTED BY SHAW AND SONS,

FETTER LANE.

PREFACE.

I HAVE been requested, by some of my friends at the Bar, to publish my Manuscript on the Law of Landlord and Tenant; and I most readily accede to the request. In doing so, however, I hope it will not be imagined that I under-value, in the slightest degree, the works already published upon the subject; I have no doubt that they well deserve the estimation in which they are holden by the Profession. But it has been suggested to me that a work somewhat more practical,—one which, besides treating of the tenancy, and of the different modes by which it may be created and determined, would show at a glance the several remedies which the law gives to the landlord against his tenant, to the tenant against his landlord, and to both against strangers,—one which would contain the pleadings in the different actions by and against landlord and tenant, and the evidence necessary to support them, in the same manner as in my recent work upon the law of Nisi Prius, would be acceptable to the Profession; and as my Manuscript was written in that form, I have consented most readily to publish it.

The subject of this little work, originally formed part of a work of much greater extent, which, very early in my professional life, I had projected, treating of the remedy by action for all injuries, and comprising the law as to pleading and evidence generally, pleading and evidence in particular actions, real, personal and mixed, pleading and evidence in actions by and against particular persons, and also comprising the practice in civil actions in the different courts of common law at Westminster. I planned the work, collected my materials, and arranged them in a plain and lucid order; but after I had made some considerable progress in my Manuscript, I soon perceived the extraordinary magnitude of the work I had undertaken, and I was convinced that I should render it more extensively useful, if I should divide it according to the different subjects of which it treated, and publish each part separately. I first published the Practice, in personal Actions and Ejectment. I afterwards published that part of my Manuscript relating to Pleading and Evidence generally, together with the pleadings and proceedings in real actions, (which my familiar acquaintance with the year books and old reports enabled me very much to simplify); and the pleadings and proceedings in mixed actions, namely, the writ of Waste, Quare impedit, and Ejectment. I have recently remodelled and rewritten the title Ejectment, giving the evidence applicable to every title; and have published it,

together with the pleadings and evidence, &c., in the several personal actions, in a little work, which I have named the Law of Nisi Prius. Two portions of the Manuscript still remained unpublished, namely, that relating to the Law of Landlord and Tenant, and the greater part of that relating to Mercantile Law: the former I now publish; the latter, namely, the Mercantile Law, which I have long promised to the Profession, is now going to Press, and I shall use every exertion to complete it in as short a time as possible. I shall then have finished the task I had undertaken,-a task of no ordinary magnitude and difficulty,-one which I should long since have been deterred from prosecuting, were it not for the kind and flattering manner in which the Profession have received each portion of it as it appeared.

The manner in which this little work is arranged, is very simple. It is divided into Six Parts; the first treats of the tenancy, and the manner in which it is created and determined; the second, treats of the landlord's remedies against his tenant; the third, of the landlord's remedies against strangers; the fourth, of the tenant's remedies against his landlord; the fifth, of the tenant's remedies against strangers; and the sixth, treats of fixtures.

The First Part comprises two chapters, one treating of the creation of the tenancy, by lease in writing, by parol demise, by agreement, by implied contract, by assignment, or by attornment; the

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