1st. His obligations are, 1. To perform all the express covenants into which he has entered in making the lease. 2.
To secure to the tenant the quiet enjoyment of the premises leased; but a tenant for years has no remedy against
his landlord, if he be ousted by one who has no title, in that case the law leaves him to his remedy against the
wrong doer. Y. B. 22 H. VI. 52 b, and 32 H. VI. 32 b; Cro. Eliz. 214; 2 Leon. 104; and see Bac. Ab. Covenant, B.
But the implied covenant for quiet enjoyment may be qualified, and enlarged or narrowed according to the
particular agreement of the parties; and a general covenant for quiet enjoyment does not extend to wrongful
evictions or disturbances by a stranger. Y. B. 26 H. VIII. 3 b. 3. The landlord is bound by his express covenant to
repair the premises, but unless he bind himself by express covenant the tenant cannot compel him to repair. 1
Saund. 320; 1 Vent. 26, 44; 1 Sed. 429; 2 Keb. 505; 1 T. R. 812; 1 Sim. R. 146.
3. His rights are, 1. To receive the rent agreed upon, and to enforce all the express covenants into which the
tenant may have entered. 2. To require the lessee to treat the premises demised in such manner that no injury be
done to the inheritance, and prevent waste. 3. To have the possession of the premises after the expiration of the
lease. Vide, generally, Com. L. & T., B. 3, c. 1; Woodf. L. & T. ch. 10; 2 Bl. Com. by Chitty, 275, note; Bouv.
Inst. Index, h. t.; 1 Supp. to Ves. Jr. 212, 246, 249; 2 Id. 232, 403; Com. Dig. Estate by Grant, G 1; 5 Com. Dig.
tit. Nisi Prius Dig. page 553; 8 Com. Dig. 694; Whart. Dig. Landlord & Tenant. As to frauds between landlord and
tenant, see Hov. Pr. c. 6, p. 199 to 225.
LANGUAGE. The faculty which men possess of communicating their perceptions and ideas to one another by
means of articulate sounds. This is the definition of spoken language; but ideas and perceptions may be
communicated without sound by writing, and this is called written language. By conventional usage certain
sounds have a definite meaning in one country or in certain countries, and this is called the language of such
country or countries, as the Greek, the Latin, the French or the English language. The law, too, has a peculiar
language. Vide Eunom. Dial. 2; Technical.
2. On the subjugation of England by William the Conqueror, the French Norman language was substituted in all
law proceedings for the ancient Saxon. This, according to Blackstone, vol. iii. p. 317, was the language of the
records, writs and pleadings, until the time of Edward III. Mr. Stephen thinks Blackstone has fallen into an error,
and says the record was, from the earliest period to which that document can be traced, in the Latin language.
Plead. Appx. note 14. By the statute 36 Ed. III. st. 1, c. 15, it was enacted that for the future all pleas should be
pleaded, shown, defended, answered, debated and judged in the English tongue; but be entered and enrolled in
Latin. The Norman or law French, however, being more familiar as applied to the law, than any other language,
the lawyers continued to employ it in making their notes of the trial of cases, which they afterwards published, in
that barbarous dialect, under the name of Reports. After the enactment of this statute, on the introduction of paper
pleadings, they followed in the language, as well as in other respects, the style of the records, which were drawn
up in Latin. This technical language continued in use till the time of Cromwell, when by a statute the records were
directed to be in English; but this act was repealed at the restoration, by Charles II., the lawyers finding it difficult
to express themselves as well and as concisely in the vernacular as in the Latin tongue; and the language of the
law continued as before till about the year 1730, when the statute of 4 Geo. II. c. 26, was passed. It provided that
both the pleadings and the records should thenceforward be framed in English. The ancient terms and expressions
which had been so long known in French and Latin were now literally translated into English. The translation of
such terms and phrases were found to be exceedingly ridiculous. Such terms as nisi prius, habeas corpus, fieri
facias, mandamus, and the like, are not capable of an English dress with any degree of seriousness. They are
equally absurd in the manner they are employed in Latin, but use and the fact that they are in a foreign language
has made the absurdity less apparent.
3. By statute of 6 Geo. II., c. 14, passed two years after the last mentioned statute, the use of technical words was
allowed to continue in the usual language, which defeated almost every beneficial purpose of the former statute.
In changing from one language to another, many words and technical expressions were retained in the new, which
belonged to the more ancient language, and not seldom they partook of both; this, to the unlearned student, has
given an air of confusion, and disfigured the language of the law. It has rendered essential also the study of the
Latin and French languages. This perhaps is not to be regretted, as they are the keys which open to the ardent
student vast stores of knowledge. In the United States, the records, pleadings, and all law proceedings are in the
English language, except certain technical terms which retain their ancient French and Latin dress.
4. Agreements, contracts, wills and other instruments, may be made in any language, and will be enforced. Bac.
Ab. Wills, D 1. And a slander spoken in a foreign language, if understood by those present, or a libel published in