Sec 614

Deeds of separation between husband and wife remain in force only while the parties live apart, and cease to be operative when they resume cohabitation;4 though, when the deed by its own terms is to remain in force until there be a written consent to resume cohabitation, it is not avoided by cohabitation without written consent.5 And a deed projected to meet an intended separation which never took place is void ab initio.6 - As has been already seen, agreements modifying the marriage relations are void as against the policy of the law.7

Sec 615

It is customary to insert in leases stipulations that, in case of non-discharge by the lessee of certain duties (e.g., paying of rent, repairing), the lease is to be forfeited. These stipulations are for the benefit of the lessor, and cannot, therefore, be set up by the lessee as ground for avoidance of the lease.8 - The lessor waives a forfeiture by acceptance of rent or other ratification of the tenancy after the forfeiture has occurred;9 and hence, in order to avoid the lease on ground of forfeiture, he must notify the tenant, or do some other act showing that he holds the lease to be terminated. The same rule obtains with regard to other defeasible conveyances. Thus in a case, already cited, in Michigan in 1881, the evidence was that the plaintiffs conveyed certain lots in the village of Otsego Lake by warranty deed, subject to the condition that if the grantees, their heirs or assigns, should sell, or knowingly permit another to sell or keep for sale, intoxicating liquors, on the premises, the estate thereby conveyed should cease and revert to the grantors. It was shown that defendant, a subsequent grantee, had sold intoxicating liquors on the premises. The defendant introduced evidence tending to show that intoxicating liquors had been sold on the premises with the knowledge and consent of the plaintiffs, and it was held that this, if proved, was a waiver.1 And, independently of the question of waiver, conditions limiting the alienability of land cannot, as. we have seen, be enforced unless by parties retaining an interest in the adjacent lands.2

Deeds of separation between husband and wife are revoked upon renewed cohabitation.

Forfeitures may be waived.

1 Leake, 2d ed. 664; Winstone v. Linn, 1 B. & C. 460; Phillips v. Clift, 4 H. & N. 168. It is otherwise when the indenture provides that misbehavior on part of the apprentice shall avoid the contract. Westwick v. The-odor, L. R. 10 Q. B. 224.

2 Ellen v. Topp, 6 Ex. 424.

3 Boast v. Firth, L. R. 4 C. P. 1, cited supra, sec 300, 321, 323.

4 Pollock, 273; Hindley v. West-meath, 6 B. & C. 200; Webster v. Webster, 4 D. M. & G. 437; Ruffles v. Alston, L. R. 19 Eq. 539.

5 Randle v. Gould, 8 E. & B. 457. 6 Bindley v. Mulloney, L. R. 7 Eq. 343.

7 Supra, sec 394.

8 Leake, 2d ed. 671; Rede V. Farr, 6 M. & S. 121; Arnsby v. Woodward, 6 B. & C. 519; Jones v. Carter, 15 M. & W. 718. See Garnhart v. Finney, 40 Mo. 449.

9 Dendy v. Nicholl, 4 C. B. N. S. 376; Toleman v. Portbury, L. R. 6 Q. B. 245.