A Treatise On the Law of Evidence volume 2

Cover A Treatise On the Law of Evidence volume 2
A Treatise On the Law of Evidence volume 2
Greenleaf, Simon, 1783-1853
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* But such notice is deemed necessary- only where the relation of landlord and tenant does exist, whether it be created by an express demise, or is incidentally admitted, either by the acceptance of rent, or by entering under an agreement to purchase, or the like.^ And notice, if given, is waived, on the part of the landlord, by a subsequent new notice to quit; or, by the receipt of rent before the bringing of an ejectment; or, by a distress for rent accruing subsequently to the expiration of t...he notice to quit; or, by an action for subsequent use and occupation; or, by any other act on the part of the lessor, after knowledge by him of the tenant's default, recognizing the tenancy as still subsisting. ® § 326. Forfeiture by Non-payment of Rent. Where the eject- ment is founded upon the forfeiture of' a lease for non-payment of rent, and the case is not governed by any statute, but stands at common law, the plaintiff must prove that he demanded the rent, and that the precise sum due, and neither more nor less, was de- manded ; that the demand was precisely upon the day when the rent became due and payable; that it was made at a convenient time before sunset on that day ; that it was made upon the land, and at the most notorious place upon it, and if there be a dwelling-house on it, then at the front or principal door, though it is not necessary to enter the house, even if the door be open; and that a demand was in fact made, although no person was there to pay it.

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