case harvey against oswald Trinity term Elizabeth roll the acceptance of rend  after condition break without notice of the breach be not a continuance of the  estate except the condition he of such a nature as to he equal within the  conusance of both lessor and lessee vide ante post SC   palm hard more   cro  James Cowp dougl term Rep Ejectionefirmce the defendant claim by a lease for  year from the lessor of the plaintiff the plaintiff plead a condition that if  he assign over any part of his term that his lease shall he void and that he  have assign parcel of his term whereupon the first lessor enter and let to the  plaintiff the defendant rejoin that the first lessor after the condition break  have accept rend of he due after the breach suppose the plaintiff surrejoins  that at the time of this accept of the rend he have not any notice of this  breach of the condition and it be thereupon demurrer and argue by Barker for  the plaintiff and by touse for the defendant Clench and Popham only be in  court and Clench hold that the entry of the lessor be not congeable for by his  acceptance of the rend he have affirm he to he his tenant after the condition  break and thereby have dispense with the forfeiture Pophain contra true it be  when the condition be break the lessor have election to continue the lease or  to avoid it but without privity that such be in he he can make a election and  it appear here upon the demurrer that he have not any notice that such  election be in he and therefore his liberty of entry can be take from he by  his acceptance of the rend which be the reason in the book that for a entry  upon a condition break as for waste or alienation c or such collateral  condition a acceptance of the rend after the condition break be no bar of  entry because by intendment he have not any notice of the breach of the  condition which be collateral to his knowledge no acceptance of his shall  affirm the lease but if he have take notice of the condition break and croak  Elizabeth er p have make a acquittance of the rend it have bar he of his entry  but if the condition he of such a nature that the performance or  nonperformance thereof lie in the conusance as well of the lessor as of the  lessee it be otherwise el adjournatur a