LAITY LAITY. Those persons who do not make a part of the clergy. They are divided into three states: 1. Civil, including all the nation, except the clergy, the army and navy, and subdivided into the nobility and the commonalty. 2. Military. 3. Maritime, consisting of the navy. Whart. Lex. In the United States the division of the people into clergy and laity is not authorized by law, but is merely conventional. LAKE. A riparian owner of land on a navigable lake does not own any part of the bed, but on a non-navigable lake he takes the bed of the lake ad medium filum; 42 Wisc. 214, 248; 45 Vt. 215; 58 Ind. 248. See L. R. 3 App. Cas. 1324. The riparian proprietor upon a navigable lake has the exclusive right of access to and from the lake in front of his land, and of building wharves in aid of navigation, not interfering with the public. easement; 42 Wisc. 214; 10 Mich. 125. Riparian owners on the large fresh-water lakes of New York own only to low water mark; the public own the beds of the lake; 4 Wend. 423; the same rule obtains in New Hampshire; 9 N. H. 461; but in a later case it was held that a lake about one mile wide by five miles long passed under a grant of a larger tract which included it; 36 Barb. See Ang. Waterc. Under the homestead laws, a part of a house may be reserved and the rest taken in execution; 4 Iowa, 368. Contra, 9 Wisc. 70. Livery may be made of a chamber in a house; Shep. Touchst. 214; and an upper chamber may constitute a distinct tenement; Burt. R. P. 549. See the subject treated in 1 Am. Law Reg. N. s. 577. It is not so broad a term as tenements, or heredita ments, but has been defined in some states as including these. 1 Washb. R. P. 9; 2 Rev. Stat. of N. Y. 137, § 6; 28 Barb. 336. In the technical sense, freeholds are not included within the word lands; 3 Madd. 535. The term terra in Latin was used to denote land, from terendo, quia vomere teritur (because it is fines and recoveries, land, i. e. terra, has been broken by the plough), and, accordingly, in held to mean arable land; Salk. 256; Cowp. 346; Co. Litt. 4 a; 11 Co. 55 a. But see Cro. Eliz. 476; 4 Bingh. 90; Burt. R. P. 196. See, also, 2 P. Wms. 458, n.; 5 Ves. 476; 20 Viner, Abr. 203. Land includes, in general, all the buildings erected upon it; 9 Day, 374; but to this general rule there are some exceptions. It is true that if a stranger voluntarily erect buildings on another's land, they will belong to the owner of the land, and will become a part of it; 16 Mass. 449; 105 id. 414; yet cases are not wanting where it has been held that such an erection, under peculiar circumstances, would be considered as personal property; 4 Mass. 514; 111 id. 298; 6 N. H. 555; 10 Me. 371; 1 Dana, 591; 1 Burr. LAMB. A sheep, ram or ewe, under the 144. It includes mines, except mines of gold age of one year. 4 C. & P. 216. 102. LAMBETH DEGREE. A degree given by the archbishop of Canterbury. 1 Bla. Com. 381, n. Although he can confer all degrees given by the two universities, the graduates have many privileges not shared by the recipients of his degrees. LAMMAS DAY. The 1st of August. Cowel. It is one of the Scotch quarter days, and is what is called a 66 conventional term." Moz. and W. LAND, LANDS. A term comprehending any ground, soil, or earth whatsoever: as, meadows, pastures, woods, waters, marshes, furzes, and heath. 45 N. H. 313. Arable land. Annexations made by a stranger to the soil of another without his consent become the property of the owner of the soil; Britton, bk. 2, ch. 2, sec. 6, p. 856; 2 Kent, 334; 15 Ill. 397. When annexations are made by the owner of the soil with the materials of another, so long as the identity of the original materials can be proved, the right of the original owner is not lost; 25 Vt. 620; 57 N. H. 514. An estate of frank tenement at the least. Shepp. Touch. 92. Land has an indefinite extent upward as well as downward therefore, land legally includes all houses or other buildings standing or built on it, and whatever is in a direct line between the surface and the centre of the earth. 3 Kent, 378, n. See Co. Litt. 4 a; Wood, Inst. 120; 2 Bla. Com. 18; 1 Cruise, Dig. 58. The law recognizes horizontal divisions of land: e. g., the different strata of a mine; 37 Penn. 430. and silver; and in the United States a grant of public lands will include these also; 3 Kent, 378, n.; 1 N. Y. 572. See MINES. If one be seised of some lands in fee, and possessed of other lands for years, all in one parish, and he grant all his lands in that parish (without naming them), in fee-simple, or for life, by this grant shall pass no more but the lands he hath in fee-simple; Shepp. Touchst. 92. But if a man have no freehold estate, "lands," in a will, will pass his leasehold; and now, by statute, leasehold will pass if no contrary intent is shown, and the description is applicable even if he have freehold; 1 Vict. c. 26; 2 B. & P. 303; Cro. Car. 292: 1 P. Wms. 286; 11 Beav. 237, 250. Generally, in wills, "land" is used in its broadest sense; 1 Jarm. Wills, 604, n. ; Pow. Dev. 186; 10 Paige, 140. But as the word has two senses, one general and one restricted, if it occurs accompanied with other words which either in whole or in part supply the difference between the two senses, that is a reason for taking it in its less general sense: e. g. in a grant of lands, meadows, and pastures, the former word is held to mean only arable land; Burt. R. P. 183; Cro. Eliz. 476, 659; 2 And. 123; 5 Johns. 440. Incorporeal hereditaments will not pass under "lands," if there is any other real estate to satisfy the devise; but if there is no other such real estate they will pass, by statute. Moore, 359, pl. 49; 3 & 4 Will. IV. cc. 74, 105, 106. See REAL PROPERTY; FIXTURES. In equity, under certain circumstances, money is considered land; as where it is di rected to be converted into land, by will or contract, marriage articles, settlement, or otherwise; Bisp. Eq. § 307. See CONVERSION. LANDS CLAUSES CONSOLIDATION ACTS. Important acts, beginning in 1845, and last amended by 32 & 33 Vict. c. 18, the object of which was to provide legislative clauses in a convenient form for incorporation by reference in future special acts of parliament for taking lands, with or without the consent of their owners, for the promotion of railways, and other public undertakings; Moz. & W. LAND CEAP, LAND CHEAP (land, and Sax. ceapan, to buy). A fine payable in money or cattle, upon the alienation of land, within certain manors and liberties. Cowel, Gloss. LAND COURT. In American Law. The name of a court which formerly existed in the city of St. Louis, state of Missouri, having sole jurisdiction in St. Louis county, in suits respecting lands, and in actions of ejectment, dower, partition. LANDIRECTA. land. Toml. See TRINODA NECESSITAS. Rights charged upon LAND-MARK. A monument set up order to ascertain the boundaries between in two contiguous estates. For removing a landmark an action lies. 1 Thomas, Co. Litt. 787. See MONUMENTS. LANDLORD AND TENANT who had only the possession and use of the A term used to denote the relation which subsists press contract, the instrument made use of for relative position of the parties to each other; for the law will imply its existence in many the one hand and an occupation of it by permission on the other; and in such cases it cases where there is an ownership of land on compensate the owner for the use of the premwill be presumed that the occupant intends to ises; 4 Pet. 84; 39 Ill. 578; 60 N. Y. 102. may be inferred from a variety of circumThe intention to create. stances; but the most obvious acknowledgThis relation ment of its existence is the payment of rent; LAND-REEVE. and this principle applies even after the exis to overlook parts of an estate. One whose business it piration of a lease for a definite term of years; Moz. & W. for if a tenant continues to hold over, after LAND TAX. A tax on the beneficial his term has run out, the landlord may, if he proprietor of land such as is imposed in chooses, consider him a tenant, and he is, in many of the states; so far as a tenant is bene-fact, understood to do so, unless he proceeds ficial proprietor, aud no farther, does it rest on him. It has superseded all other methods him to remain, and receives rent from him, to eject him at once. If the landlord suffers Sugden, Vend. or by any other act acknowledges him still as It was first imposed in 1693, a new tenant, a new tenancy springs up, usually from valuation of the lands in the kingdom having year to year, regulated by the same covenants been made in 1692, which has not since been ties at the creation of the original term in so changed. In 1798 it was made perpetual, at and stipulations entered into between the para rate of four shillings in a pound of valued far as they are applicable to the altered nature rent. Under the provisions of the stat. 16 of the tenancy; 15 Johns. 505; 4 M'Cord, 59; & 17 Vict. c. 74; this tax is now generally redeemed. 2 C. & P. 348; 42 Ind. 212; 43 Md. 446; 42 See Encyc. Brit. Taxation. Cal. 316. of taxation in Great Britain. 268. LAND TENANT (commonly called terre tenant, q. v.). He who actually possesses the land. LAND TITLES AND TRANSFER ACT. The stat. 38 & 39 Vict. c. 87, for the establishment of a registry for titles to land, with various provisions in reference to the transmission of land, and unregistered dealings with registered land, etc. Analogous to the recording or registry laws of the United States. LANDING. A place for loading or unloading boats, but not a harbor for them. Penn. 373. 74 LANDLORD. The lord or proprietor of land, who, under the feudal system, retained the dominion or ultimate property of the feud, or fee of the land; while his grantee, prima facie acknowledgment of the existThe payment of money, however, is only a ence of a tenancy; for if it does not appear by mistake or stands upon some other considto have been paid as rent, but has been paid eration, it will not be evidence of a subsisting tenancy; 10 East, 261; 4 Bingh. 91; 3 B. & C. 413; 4 M. & G. 143. mere participation in the profits of land, where the owner is not excluded from possession, nor Neither does a the letting of land upon shares, unless the occupant expressly agrees to pay a certain part Rawle, 11; 42 Vt. 94; 60 N. Y. 221; 21 of the crop as rent, in either case amount to a tenancy; 1 Gill & J. 266; 3 Zabr. 390; 2 Ill. 200. will not be inferred from the mere occupation stances of the case, be referred to any other distinct cause: as, for instance, between a vendor and vendee of land, where the purchaser remains in possession after the agree. ment to purchase falls through. For the possession in that case was evidently taken with the understanding of both parties that the occupant should be owner, and not tenant; and the other party cannot without his consent convert him into a tenant, so as to charge him with rent; 6 Johns. 46; 21 Me. 525; 8 M. & W. 118; 10 Cush. 259; 16 Vt. 257; 11 N. H. 148; 60 Barb. 463; 46 Me. 456; 12 B. Monr. 504; 16 Pet. 25; 17 Ind. 509. The same principle applies to a mortgagor and mortgagee, as well as to that of a mortgagor and an assignee of the mortgagee; for no privity of the estate exists in either case; and, as a general rule, a tenancy by implication can never arise under a party who has not the legal estate of the premises in question; 2 M. & R. 303; 6 Ad. & E. 265; Taylor, Landl. & T. § 25; 16 Vt. 371. Generally, the rights and obligations of the parties will be considered as having commenced from the date of the lease, if there be one, and no other time for its commencement has been agreed upon; or, if there be no date, then from the delivery of the papers. If, however, there be no writings, it will take effect from the day the tenant entered into possession, and not with reference to any particular quarter-day; 4 Johns. 230; 15 Wend. 656; 3 Camp. 510; Taylor, Landl. & T. 135 (11 ed.). And these rights and duties attach to each of the parties, not only in respect to each other, but also with reference to other persons who are strangers to the contract. The landlord retains certain rights over the property, although he has parted with its possession, while the tenant assumes obligations with respect to it which continue so long as he is invested with that character. After the making of a lease, the right of possession, in legal contemplation, remains in the landlord until the contract is consummated by the entry of the lessee. When the tenant enters, this right of possession changes, and he draws to himself all the rights incident to possession. The landlord's rights in the premises during the term of the lease are confined to those expressly or impliedly derived from the contract of lease and to the protection of his reversionary interest. He may maintain actions for such injuries as would, in the ordinary course of things, continue to affect his interest after the determination of the lease. But such injuries must be of a character permanently to affect the inheritance; such are breaking the windows of a house, cutting timber, or damming up a rivulet, whereby the timber on the estate becomes rotten; 11 Mass. 519; 1 Maule & S. 234; 3 Me. 6; 5 Duer, 494; 26 How. Pr. 105. The landlord usually reserves the right to go upon the premises peaceably, for the purpose of ascertaining whether any waste or injury has been committed by the tenant or other persons, first giving notice of his inten LANDLORD AND TENANT tion. But he has no such right unless he reserves it in the lease. He may also use all ways appurtenant thereto, and peaceably enter the premises to demand rent, to make such repairs as are necessary to prevent waste, or to remove an obstruction; 1 B. & C. 8; 7 Pick. 76; 5 Harr. 378. But if the rent is payable in hay or other produce, to be delivered to him from the farm, he is not entitled to go upon the land and take it, until it is delivered to him by the tenant, or until after it has been severed and set apart for his use; 9 Me. 137; 5 Blackf. 317. The landlord's responsibilities in respect to possession, also, are suspended as soon as the tenant commences his occupation; 4 Term, 318; 2 Sandf. 301; 2 St. Louis (Mo.) App. 66. But if a stranger receive injuries from the ruinous state of the premises at the time of the demise, or from any fault in their construction, or from any nuisance thereon, even though it be created by a tenant's ordinary use of the premises, the landlord remains liable; 43 Barb. 482; L. R. 2 C. P. 311; 116 Mass. 67; 4 Hun, 24; 20 Penn. 387; and if the landlord has undertaken to keep the premises in repair, and the injury be occasioned by his neglect to keep up the repairs, or if he renew the lease with a nuisance upon it, he will be likewise liable; 2 H. Blackst. 350; 4 Taunt. 649; 1 Ad. & E. 822; 67 Ill. 47. The principal obligation on the part of the landlord, which is, in fact, always to be implied from the operative words of the lease, but is also usually inserted as a distinct covenant, is that the tenant shall enjoy the quiet possession of the premises.-which means, substantially, that he shall not be turned out of possession of the whole or any material part of the premises by one having a title paramount to that of landlord, or that the landlord shall not himself disturb or render his occupation uncomfortable by the erection of a nuisance on or near the premises, which the law holds tantamount to an eviction; 8 Co. 80 b; 4 Wend. 502; 8 Paige, 597; 8 Cow. 727; 13 N. Y. 151; 5 Day, 282; 6 Term, 458; 29 Md. 35; 10 Gray, 258; 3 Duer, 464; 3 East, 491; 6 Dowl. & R. 349; 7 Wend. 281; 6 Mass. 246. But express covenants for quiet enjoyment are framed usually only against eviction by a paramount title and against the lessor, his heirs, and those claiming under them; implied covenants have a similar effect. So that if the tenant be ousted by a stranger, that is, by one having no title, or if the molestation proceeds from the acts of a third person, the landlord is in neither case responsible for it; 1 Term, 671; 3 Johns. 471; 7 Wend. 281; 5 Hill, N. Y. 599; 13 East, 72; 12 Wend. 529; 25 Barb. 594; Taylor, Landl. & T. § 304, etc. Another obligation which the law imposes upon the landlord, in the absence of any express stipulation in the lease, is the payment of all arrears of ground-rent, or interest upon mortgages to which the property leased may be subject. The same rule applies as regards all taxes chargeable on the premises, though, party-wall. He is liable for all injuries proas regards these, statutes, both in England and | duced by the mismanagement of his servants, in almost all the United States, have been or by a nuisance kept upon the premises, or passed expressly imposing the duty of paying by an obstruction of the highway adjacent to them on the landlord. Sometimes covenants them, or the like; for, as a general rule, to that effect are inserted in the lease. In where a man is in possession of property, he general, every landlord is bound to protect must so manage it that other persons shall not be his immediate tenant against all paramount injured thereby ; 3 Term, 766; 3 Q. B. 449; 2 claims; and if a tenant is compelled, in order Ld. Raym. 792; 22 N. Y. 355; 65 lil. 160; to protect himself in the enjoyment of the 1 M. & W. 435; 51 Penn. 429; 3 Hun, 708. land in respect of which his rent is payable, to make payment which ought, as between himself and his landlord, to have been made by the latter, he may call upon the landlord to reimburse him, or he may set off such pay ment against the rent due or to become due; 6 Taunt. 524; 5 Bingh. 409; 3 B. & Ald. 647; 7 id. 285; 5 id. 521; 3 Ad. & E. 331; 3 M. & W. 312; 19 Mo. 501. Another obligation which the law imposes upon every tenant, independent of any agreement, is to treat the premises in such a manner that no substantial injury shall be done to them, and so that they may revert to the landlord at the end of the term, unimpaired by any wilful or negligent conduct on his part. In the language of the books, he must keep the buildings wind-and-water tight, and is bound to make fair and tenantable repairs, such as the keeping of fences in order, or replacing doors and windows that are broken during his occupation. If it is a furnished house, he must preserve the furniture, and leave it, with_the linen, etc., clean and in good order; 5 C. & P. 239; 7 id. 327; 4 Term, 318; 18 Ves. Ch. 331; 2 Esp. 590; 4 M. & G. 95; 12 M. & W. 827; 94 U. S. 53; 55 Md. 71; 28 Penn. 305. There is no warranty in a lease on the part of the landlord that the premises are fit for the purpose for which they are intended (but see 3 Rob. La. 52); 25 Wend. 669; 71 Penn. 383; 3 Gray, 323; 48 Me. 316. The landlord is, in the absence of any express covenant or agreement, under no obligation to make any repairs, or to rebuild in case the premises should be burned. And it is not in the power of a tenant to make repairs at the expense of his landlord, unless there be a But he is not bound to rebuild premises special agreement between them authorizing which have accidentally become runíous durhim to do so; for the tenant takes the pre-ing his occupation; nor is he answerable for mises for better or for worse, and cannot in-ordinary wear and tear, nor for an accidental volve the landlord in expense for repairs fire, nor to put a new roof on the building, without his consent; 6 Cow. 475; 3 Du. N. nor to make what are usually called general Y. 464; 7 East, 116; 1 Ry. & M. 357; 7 or substantial repairs. Neither is he bound Mann. & G. 576; 52 N. Y. 512; 51 Ill. to do painting, white-washing, or papering, 492; 33 Cal. 341; 1 Sandf. 321; 22 Ind. except so far as they may be necessary to pre114; 36 Vt. 40. Even if the premises have serve exposed timber from decay. In genebecome uninhabitable by fire, and the land-ral he need do nothing which will make the lord having insured them has recovered the insurance-money, the tenant cannot compel him to expend the money so recovered in rebuilding, unless he has expressly engaged to do so; nor can he, in such an event, protect himself from the payment of rent during the unexpired balance of the term; 8 Paige, Ch. 437; 1 Sim. Ch. 146; 1 Term, 312; 4 N. Y. 126; 1 E. & E. 474; 52 N. Y. 512; 81 Ill. 607. On the part of the tenant, we may observe that on taking possession he is at once invested with all the rights incident to possession, is entitled to the use of all the privileges and easements appurtenant to the premises, and is at liberty to take such reasonable estovers and emblements as are attached to the estate. He may maintain an action against any person who disturbs his possession or trespasses upon the premises, though it be the landlord himself; Cro. Car. 325; 3 Wils. 461; 2 W. Bla. 924; 2 B. & Ad. 97; 1 Denio, 91; 3 Lev. 209; 17 C. B. N. s. 678; 8 Cush. 119; 1 Ohio, 251. And even after the expiration of his term may recover for injuries done during the period of his tenancy; 2 Rolle, Abr. 551; Holt, N. P. C. As occupant, he is also answerable for any neglect to repair highways, fences, or 553. inheritance better than he found it; 6 Term, 650; 6 C. & P. 8; 12 Ad. & E. 476; 1 Marsh. 567; 10 B. & C. 299; 2 Daly, 140; 10 Q. B. 135. With respect to farming leases, a tenant is under a similar obligation to repair; but it differs from the general obligation in this, that it is confined to the dwelling-house which he occupies,- the burden of repairing and maintaining the out-buildings and other erections on the farm being sustained either by the landlord, or the tenant, in the absence of any express provision in the lease, by the particular custom of the country in which the farm is situated. He is always bound, however, to cultivate the farm in a good and husband-like manner, to keep the fences in repair, and to preserve the timber and ornamental trees in good condition; and for any violation of any of these duties he is liable to be proceeded against by the landlord for waste, whether the act of waste be committed by the tenant or, through his negligence, by a stranger; Co. Litt. 53; 6 Taunt. 300; 13 East, 18; 2 Dougl. 745; 1 Taunt. 198; 1 Denio, 104; 55 Penn. 347; 70 Ill. 527; 94 U. S. 53; 5 Term, 373. As to what constitutes waste, see WASTE. The tenant's general obligation to repair LANDLORD AND TENANT 45 LANDLORD AND TENANT also renders him responsible for any injury tioned; for, as rent is incident to the revera stranger may sustain by his neglect to keep sion, it will become payable to the assignees the premises in a safe condition: as, by not of the respective portions thereof whenever keeping the covers of his vaults sufficiently that reversion is severed by an act of the parclosed, so that a person walking in the street ties or of the law. But the tenant's consent falls through, or is injured thereby. If he is necessary for an apportionment when made repairs or improves the building, he must by the landlord, unless the proportion of rent guard against accident to the passers-by in chargeable upon each portion of the land has the street, by erecting a suitable barricade, been settled by the intervention of a jury; 22 or stationing a person there to give notice of Wend. 121; 2 Barb. 643; 3 Denio, 454; the danger; 2 Term, 318; 109 Mass. 398; 5 B. & Ald. 876; 1 M. & G. 577; 6 Halst. 22 N. Y. 366; 65 Barb. 214; L. R. 2 C. P. 262; 22 Pick. 569. A tenant, however, can311; L. R. 5 Q. B. 501. For any unreason- not get rid of or apportion his rent by transable obstruction which he places in the high- ferring the whole or a part of his lease; for if way adjoining his premises, he may be in- he assigns it, or underlets a portion of it, he dicted for causing a public nuisance, as well still remains liable to his landlord for the as rendered liable to an action for damages, whole; Cro. Eliz. 633; 24 Barb. 333; Dyer, at the suit of any individual injured. Nor 4 B. Instances of an apportionment by act may the tenant keep dangerous animals on of law occur where there is a descent of the the premises; 4 Denio, 500; 15 Vt. 404. At reversion among a number of heirs, or upon common law, if a fire began in a dwellinghouse and spread to neighboring buildings, the tenant of the house where the fire begun was liable on damages to all whose property was injured. But by a statute of Queen Anne, amended by stat. 14 Geo. III. c. 78, this right of action has been taken away. The statute is generally re-enacted in the United States; vide Taylor, Landl. & T. § 196. a judicial sale of a portion of the premises; for in such cases the tenant will be bound to pay rent to each of the parties for the portion of the premises belonging to them respectively. So, if a man dies, leaving a widow, she will have a right to receive one-third of the rent, while the remaining two-thirds will be payable to his heirs; so, if a part of the demised premises be taken for public purposes, the tenant is entitled to an apportionment; Cro. Eliz. 742; Co. Litt. 148 a; 25 Wend. 456; 13 Ill. 625; 20 Mo. 24; 57 Penn. 271; 3 Whart. 357. At common law rent could not be apportioned as to time; 2 Ves. Sr. 672; 3 Watts, 394. But various statutes, such as 11 Geo. II. c. 19, both in England and the United States, have mitigated the hardships resulting from an enforcement of this rule. See Taylor, Landl. & T. § 389. A land The tenant's chief duty, however, is the payment of rent, the amount of which is either fixed by the terms of the lease, or, in the absence of an express agreement, is such a reasonable compensation for the occupation of the premises as they are fairly worth. If there has been no particular agreement between the parties, the tenant pays rent only for the time he has had the beneficial enjoy ment of the premises; but if he has entered into an express agreement to pay rent during These rights and liabilities are not confined the term, no casualty or injury to the premises to the immediate parties to the contract, but by fire or otherwise, nothing, in fact, short of will be found to attach to all persons to an eviction, will excuse him from such pay- whom the estate may be transferred, or who ment; Al. 26; 4 Paige, Ch. 355; 18 Ves. may succeed to the possession of the prem415; 1 H. & J. 42; 16 Mass. 240; 7 ises, either as landlords or tenants. This Gray, 560; 1 Term, 310; 10 M. & W. 321; principle follows as a necessary consequence 6 Phila. 457; 72 Penn. 685; 61 N. Y. 356; of that privity of estate which is incident to 80 Ill. 532; 4 Harr. & J. 564. But this is the relation of landlord and tenant. not the law in South Carolina; 1 Bay, 499; lord may not violate his tenant's rights by a 4 McCord, 447. But, if he has been de- sale of the property; neither can a tenant prived of the possession of the premises by avoid his responsibilities by substituting anthe landlord, or by a third person, under a other tenant in his stead without the landtitle paramount to that of the landlord, or if lord's consent. The purchaser of the prothe latter annoys his tenant, or erects or causes perty becomes in one case the landlord, and the erection of such a nuisance upon or near is entitled to all the rights and remedies the premises as renders the tenant's occupa- against the tenant or his assignee which the tion so uncomfortable as to justify his re-seller had; while in the other case the asmoval, he is in either case discharged from the payment of rent; 8 Cowen, 727; 4 N. Y. 217; 4 Rawle, 339; Co. Litt. 148 b; 75 Ill. 536; 117 Mass. 262; 106 Mass. 201; 18 N.Y. 509; 63 Ill. 430; 2 Ired. Eq. 350; 17 C. B. 30. If, however, part only of the premises be recovered by paramount title, the rent is apportioned, and the tenant remains liable in proportion to the part from which he has not been evicted; 2 East, 575; 39 Barb. 59; 1 Allen, 489; see RENT. The obligation to pay rent may be appor signee of the lessee assumes all the liabilities of the latter, and is entitled to the same protection which he might claim from the assignee of the reversion; in the case of express covenants the original lessee is not by the transfer discharged from his obligations; 17 Johns. 239; 24 Barb. 365; 13 Wend. 530; 19 N. Y. 68; 8 Ves. Ch. 95; 1 Ves. & B. Ch. 11; 4 Term, 94; 17 Vt. 626; 2 W. & S. 556; 12 Miss. 43; 1 Dall. 305. In case of implied covenants he is discharged if the landlord specially accept the assignee as his |