Questions of so-called 'waiver' usually arise when some act is done by the landlord after the expiration of a notice to quit which either necessarily or prima facie imports the recognition of an existing tenancy. A distress levied for rent accrued due since the expiration of the notice necessarily operates as an acceptance by the landlord that he will not enforce the notice1. In other cases, it may be possible to show that the landlord's act was done with some other intention; and, when that evidence is offered, it must be determined, as a question of fact, whether the
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