Comprising the essential parts of Pollock on torts

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...as of his former estate. When such a condition is inserted, the estate of the tenant, whether for life or years, becomes determinable on such re-entry. Before any entry can be made under a proviso or condition for re-entry on non-payment of rent, the landlord is required to make a demand, upon the premises, oi the precise rent due, at a convenient time before sunset of the last day when the rent could be paid according to the condition; thus, if the proviso were for re-entry on non-payment of the rent by the space of thirty days, the demand must have been made on the evening of the thirtieth day. In ancient times, the benefit of a condition of re-entry could belong only to the landlord and his heirs; for the law would not allow of the transfer of a mere conditional right to put an end to the estate of another. A right of re-entry was considered in the same light as a right to bring an action for money due; which right was not assignable. This doctrine sometimes occasioned considerable inconvenience; and in the reign of Henry VIII. it was found to press hardly on the grantees from the Crown of the lands of the dissolved monasteries. A statute was accordingly passed (32 Hen. VIII., c. 34), which enacts that as well the grantees of the Crown as all other persons being grantees or assignees, their heirs, executors, successors, and assigns, shall have the like advantages against the lessees, by entry for non-payment of rent, or for doing of waste, or other forfeiture, as the lessors or grantors themselves, or their heirs or successors, might at any time have had or enjoyed; and this statute is still in force. There exist also further means for the recovery of rent, in certain actions at law, which the landlord may bring against his tenant for...