A breach of condition may, however, be waived by the landlord, and the legislature has made provision for the relief of the tenant from the consequences of such breaches in certain cases.
Assuredly Butler did not mean to give him his right of speaking about moral evil and good when he waived the " high priori method of vindicating their real existence.
A forfeiture is also waived if the landlord elects not to take advantage of it - and shows his election either expressly or impliedly by some act, which acknowledges the continuance of the tenancy, e.g.
Forfeiture only renders a lease void as regards the lessee; it may be waived by the lessor, and acceptance by the landlord of rent due after forfeiture, with notice of such forfeiture.
The right of levying seigniorage, however, was sometimes waived by the king to encourage his subjects to bring gold and silver to the mint, and several instances are recorded in which the aid of alchemists was called in to effect the transmutation of baser metals into gold.