is once let to run a quarter, and the landlord accept it as a quarter,
the tenant cannot be forced to quit without a quarter's notice.
1512. Yearly Lodgers.
Lodgings by the year should only be taken from a person who is either
proprietor of the house, or holds possession for an unexpired term of
years.
1513. Furnished Lodgings.
Furnished lodgings are usually let by the week, on payment of a fixed
sum, part of which is considered as rent for the apartment, and part
for the use of the furniture. In some instances an agreement is made
for so much per week rent, and so much for the use of the furniture,
and to place all moneys received to the account of the furniture,
until that part of the demand shall be satisfied, as the landlord
cannot distrain for the use of his furniture.
[HE THAT PLAYS WITH FIRE MAY BE BURNT.]
1514. Lodgers Leaving Apartments Without Notice.
Persons renting furnished apartments frequently absent themselves
without apprising the householder, perhaps with the rent in arrear. If
there is probable reason to believe that the lodger has left, on the
second week of such absence the householder may send for a policeman,
and in his presence enter the lodger's apartment and take out the
latter's property, and secure it until application is made for it.
1515. Verbal Agreements.
If a person make a verbal agreement to take lodgings at a future day,
and decline to fulfil his agreement, the housekeeper has no remedy,
and even the payment of a deposit makes no difference.
1516. Landlord using Lodger's Apartments.
If a landlord enter and use apartments while his tenant is in legal
possession, without his consent, he forfeits his right to recover
rent.
1517. Lodgings to Immodest Women.
If lodgings are let to an immodest woman, to enable her to receive
visitors of the male sex, the landlord cannot recover his rent. But if
the landlord did not know the character of the woman when he let the
lodgings, he may recover, but not if _after_ he knew the fact he
permitted her to remain as his tenant. If the woman, however, merely
lodges there, and has her visitors elsewhere, her character will not
affect his claim for rent.
1518. Rent Recoverable.
If a lodger quit apartments without notice, the landlord can still
recover his rent by action, although he has put up a bill in the
window to let them.
1519. Removing Goods.
Removing goods from furnished lodgings, with intent to steal, is a
felony: unlawfully pledging is a misdemeanour.
1520. Liability for Rent.
Where the lodger has removed, and there are no goods whereon to make a
levy, the rent becomes a debt, and can only be recovered as such in
the County Court of the district.
1521. _Agreement for Letting a Furnished House or Apartment._
Memorandum of an agreement made and entered into this----day of
----, 18 , between R.A., of----, of the one part, and L.O., of
----, of the other part, as follows:--That the said R.A. agrees to
let, and the said L.O. to take, all that messuage or tenement (with
the garden and appurtenances thereto) situate at, &c. _[or if an
apartment be the subject of demise,_ all the entire first floor,
_particularly describing the other appurtenances],_ together with
all the furniture, fixtures, and other things mentioned and
comprised in the schedule hereunder written, for the space of----
months, to be computed from the----day of----, at the rent of
----pounds per quarter, payable quarterly, the first quarterly
payment to be made on the----day of----next ensuing the date
hereof. And it is further agreed, by and between the said parties,
that each party shall be at liberty to determine the said tenancy,
on giving to the other a quarter's notice in writing. And the said
L.O. agrees, that in the determination of the tenancy, he will
deliver up the said dwelling-house (or the entire first floor, &c.),
together with all the fixtures and furniture as aforesaid, in as
good a condition as the same now are, reasonable wear and tear
thereof excepted, and shall and will replace any of the crockery and
china or other utensils that shall be broken or otherwise damaged.
In witness, &c.--[_Here is to follow the Inventory, or List of
Articles referred to above._]
1522. Remedies to Recover Rent.
Distress is the most efficient remedy to recover rent, but care should
be taken that it be done legally; if the distress be illegal, the
party aggrieved has a remedy by action for damages. Excessive
distresses are illegal. The distrainer ought only to take sufficient
to recover the rent due, and costs; if, however, the articles sell for
a greater sum than is sufficient to pay these, the remainder must be
returned to the tenant, who can demand a bill of the sale, and recover
the overplus, if any.
[PLAY NOT WITH EDGED TOOLS.]
1523. Distress, Legal and Illegal.
A distress can be made only for rent that is due, and cannot be made
until the day after, nor unless it has been demanded by the landlord
or his agent. The outer door must not be broken open for the purpose
of distraining, neither can the distress be made between sun-setting
and sun-rising, nor on Sunday, Good Friday, or Christmas-day; nor
after the rent has been tendered to the landlord or his agent. A
second distress can be made, if the value of the first is not enough
to pay the real and costs, but not if, at the time of making the first
distress, there were sufficient goods upon the premises to satisfy the
full amount, if the landlord had then thought proper to take them.
Wearing apparel and bedding of debtor and his family, and tools or
implements of trade to the value of £5 are exempt from seizure, except
where a tenant holds possession after term of tenancy or notice to
quit has expired.
1524. Seizure of Goods removed.
Goods conveyed off the premises to prevent a distress may be seized
anywhere within thirty days after the removal, and if force is
resorted to by the landlord, it must be in the presence of a
constable; but goods removed before the rent is actually due cannot be
followed, but the rent can be recovered by action as a debt in the
County Court. The general rule is, that nothing can be distrained
which cannot be returned in the same condition as before the distress
was made.
1525. Appraisement.
Section 1 of the Act 2 W. and M., cap. 5, requiring appraisement
before sale of goods, is repealed, and appraisement is not necessary
unless demanded in writing by the tenant, or owner of the goods, who
must pay the cost of such appraisement and subsequent removal of goods
for sale. Appraisement made by the distraining broker, or any
interested person, is illegal.
1526. Bankrupts' Rent.
In cases of bankruptcy not more than one year's lent is obtainable by
distress; if more be due, the landlord is only entitled to come in
with the rest of the creditors for the further sum due.
1527. Illegal Charges for Distraint.
By the 51 and 52 Vic. cap. 21 (Law of Distress Amendment Act, 1888),
no person distraining for rent shall take other charges than those
hereafter scheduled: any party charging more can be sued for treble
the amount unlawfully taken.
1528. Expenses of Distraint:
£ s. d.
Levying a distress (under £20) 0 3 0
[Over £20 and under £50, 3 p.c.
on the amount; £50 to £200,
2-1/2 p.c.; above £200, 1 p.c.]
Man in possession, per day, if
rent due be under £20. 0 4 6
Ditto, over £20 0 5 0
(Man to provide his own board in all cases.)
The above charges are payable on account simply of the levy: if the
sum due, with the above charges, be not paid within five days (or 15
days on written request of debtor), and the goods are removed and sold
by auction, all expenses of such removal and sale are deductable from
the amount realized.
1529. Brokers' Charges.
Brokers must give copies of charges in all cases.
1530. Valuation and Sale of Goods.
The goods, when valued, are usually bought by the appraiser at his own
valuation, and a receipt at the bottom of the inventory, witnessed by
the person who swore them, is a sufficient discharge.
1531. Stamped Agreements.
Much uncertainty having existed as to the legal nature of the
agreements on paper between landlords and tenants, the following
communication to the proper authorities, and their reply, will be
interesting to all concerned:
1532. About Agreements.
"To the Commissioners of Inland Revenue,
Somerset House,
London.--Middlesbro',
Aug. 18th, 1855.
Sirs,--The sea-port town of Middlesbro', in the county of York,
contains about 14,000 inhabitants, and many dwelling-houses and
shops are let from quarter to quarter, and from year to year, upon
written memorandums of agreement, where the rents are under £20 a
year; and as some difference of opinion exists respecting the proper
stamp duties to be paid on such agreements, your opinion is
requested, whether the common lease stamp for such an agreement will
be sufficient, or what other stamps (if any) will such memorandums
require?
Your most obedient servant,
WM. MYERS, Solicitor."
_Answer_
"Inland Revenue Office,
Somerset House,
London,
27th August, 1855.
Sir,--The Board having had before them your letter of the 18th
inst., I am directed, in reply, to state that the documents therein
referred to will be chargeable with stamp duty as leases whether
the tenancy be from quarter to quarter, or from year to year.
I am, sir, your obedient servant,
THOMAS FINGLE.
W. Myers, Esq."
1533. Stamped Documents.
In all cases where the law requires a stamp, whether for an agreement
or a receipt, do not omit it. As the stamp laws are liable to frequent
alterations, it is best to refer to the tables in the recognised
almanacks for the year, or to make inquiries at the stamp offices.
1534. Debtor and Creditor.
1535. Bankruptcy.
The former distinction between insolvents and bankrupts is now
abolished. All debtors, traders or not, are now subject to the laws
of bankruptcy. _Married Women_ are now liable to be made bankrupt; but
no person under age, except under certain circumstances, with the
sanction of the Receiver. Liquidation by private arrangement is
abolished.
1536. Bankruptcy Proceedings.
Bankruptcy proceedings commence with a petition, either by the debtor
himself or by a creditor or creditors. All petitions go before the
High Court (or the district County Court), and no composition or
arrangement is sanctioned until after the debtor has been publicly
examined. All proceedings are controlled by the Court. For bankruptcy
purposes, the County Courts have all the powers and jurisdiction of
the High Court of Justice.
1537. Acts of Bankruptcy.
"Acts of Bankruptcy" comprise:--Assignment of property for benefit of
creditors; fraudulent transfer of property; leaving, or remaining out
of, England, or absence from dwelling-house to defeat or delay
creditors; filing declaration of insolvency or presenting a bankruptcy
petition against self; levy of execution; failure to comply with a
bankruptcy notice to pay a judgment debt; giving notice to creditors
of suspension of payment; and having a receiving order made against
one.
1538. Receiving Order.
If a debtor commit an act of bankruptcy, the Court may, on petition
either by creditor or debtor, make a receiving order for the
protection of the estate. All receiving orders to be advertised in the
_London Gazette_ and locally.
1539. Petition.
A creditor (or creditors) cannot present a petition unless the debt
(or debts) amount to £50; the debt must be a liquidated sum, payable
now or at some future time; the act of bankruptcy on which the
petition is grounded must have occurred within _three months_ before
presentation of petition; and the debtor must be domiciled in, or
within a year before petition have resided in or had a place of
business in, England. No petition can, after presentment, be withdrawn
without leave of the Court. A creditor's petition must be accompanied
by affidavits verifying the statements therein.
1540. Official Receiver.
On a receiving order being made, the debtor's property vests in the
Official Receiver, who must summon a first meeting of creditors,
giving to each not less than seven days' notice of time and place in
the 'Gazette' and locally.
1541. The Meeting of Creditors.
The meeting of creditors summoned as above shall consider whether a
proposal for a composition or scheme of arrangement shall be
entertained, or whether the debtor shall be adjudged bankrupt, and the
mode of dealing with the debtor's property.
1542. Duties of Debtor.
The debtor must furnish the Official Receiver with a full statement of
his affairs in the prescribed form, verified by affidavit, and all
such information as the Receiver may require. This statement, if made
on a _debtor's petition_, must be submitted to the Receiver within
_three days_ of the date of the receiving order; if on a _creditor's
petition_, within _seven days_; or the debtor will be liable to be
adjudged bankrupt on petition to the Court by Receiver or creditor.
[A SWALLOW MAKES NOT SUMMER OR SPRING-TIME.]
1543. Public Examination.
Before any resolution or composition is approved by creditors, a
public examination of the bankrupt, on oath, must be held by the
Court, at which the Receiver must be present.
1544. Composition or Scheme of Arrangement.
The creditors may at their first meeting or any adjournment thereof,
by special resolution, entertain a composition or scheme of
arrangement, and if the same be accepted by the creditors, application
must be made to the Court to approve it, the Official Receiver
reporting as to the terms of the composition or arrangement, which the
Court will approve or reject according to the circumstances.
1545. Default in Payment of Instalments.
Default in payment of instalments, in composition or scheme, renders
the debtor liable to be adjudged bankrupt on application by any
creditor to the Court.
1546. Adjudication of Bankruptcy when a Composition is not Accepted.
If after a receiving order has been made the creditors resolve that
the debtor be adjudged bankrupt, or pass no resolution, or do not
meet, or if a composition or scheme is not accepted and approved
within fourteen days after the debtor's public examination, the Court
will adjudge the debtor bankrupt, and his property shall become
divisible among his creditors, and shall vest in a Trustee. Notice of
such adjudication must be advertised in the _London Gazette_ and
locally.
1547. Appointment of Trustee.
The creditors of a bankrupt may, by resolution, appoint a Trustee of
the debtor's property. If this has not been done prior to
adjudication, the Official Receiver shall call a creditors' meeting
for that purpose. The creditors may resolve to leave the appointment
to the committee of inspection. The person appointed shall give
security to the Board of Trade, which shall, if it sees fit, certify
the appointment. If no Trustee is appointed by the creditors, the
Board may appoint one.
1548. Committee of Inspection.
A committee of inspection must not exceed five, nor be less than
three, in number, and must be creditors qualified to vote, or their
authorised representatives.
1549. Bankrupt's Responsibilities.
The bankrupt must render every assistance to creditors in realizing
his property. He must produce a clear statement of his affairs at the
first meeting. He must be present for public examination on the day
named by the Court and the adjournment thereof. He must also furnish a
list of debts due to or from him. He must attend all meetings of
creditors, and wait on the Trustee when required to answer any
questions regarding his property, and to execute all documents and to
carry out anything that may be ordered by the Trustee or the Court.
1550. Trustee's Duties (1).
The trustee's duties are to manage the estate and distribute the
proceeds, under regulation of the committee of inspection, or of
resolutions arrived at by the creditors at any general meeting. He
has to call meetings of committee and creditors when necessary. He can
transfer or dispose of the bankrupt's property for the benefit of the
creditors as the bankrupt could have done himself prior to his
bankruptcy. He can also carry on the bankrupt's business if necessary,
compromise or arrange with creditors, and sell bankrupt's property by
public auction or private contract.
1551. Trustee's Duties (2).
The trustee must render accounts to the Board of Trade not less than
twice a year; and must pay all money received into the Bankruptcy
Estates Account, kept by the Board of Trade at the Bank of England,
and not, in any circumstances, into his private banking account.
1552. Priority Debts.
Certain debts have priority, and must be paid in full, or as far as
assets will admit. These are--parochial and local rates, due at date
of receiving order, or within a year before; assessed land, property,
and income tax, up to April 5th next before date of order, not
exceeding one year's assessment; wages and salaries of clerks,
servants, labourers, or workmen, not exceeding £50, due for four
months' service.
[WHAT IS DONE WELL ENOUGH, IS DONE QUICKLY ENOUGH.]
1553. Distraint with Bankruptcy.
Landlord may distrain for rent either before or after bankruptcy, but
only for one year's rent if _after_ bankruptcy. Any balance beyond one
year's rent must be proved as in case of an ordinary debt.
1554. Allowance for Maintenance.
Allowance for maintenance may be made to bankrupt by the Trustee with
consent of committee of inspection, for his support, or for services
in winding up the estate. Where the bankrupt is a beneficed clergyman,
the Trustee may apply for sequestration of profits, and, with
concurrence of the bishop, allow a sum equal to a curate's stipend for
bankrupt's services in the parish. In the case of officers and civil
servants, in receipt of salary, the Court directs what part of
bankrupt's income shall be reserved for benefit of creditors.
1555. Declaration of Final Dividend.
A final dividend may be declared when the Trustee and committee of
inspection consider that as much of the estate has been realised as
can be done fairly without needlessly protracting the bankruptcy.
1556. Close of Bankruptcy.
Bankruptcy may be declared closed, and order to that effect published
in the 'London Gazette', when the Court is satisfied that all
bankrupt's property has been realised, or a satisfactory arrangement
or composition made with the creditors.
1557. Grant of Order of Discharge.
Order of discharge may be granted by the Court on the application of
the bankrupt at any time after adjudication. The Court may suspend or
withhold order if bankrupt has kept back property or acted
fraudulently.
1558. Fraud.
In cases of fraud, the bankrupt may be proceeded against under the
Debtors Act, 1869, under which he may be imprisoned for not exceeding
two years with or without hard labour.
1559. Void Settlement.
Settlement of property by a Debtor on wife and children will become
void if the settlor becomes bankrupt within _two_ years after date of
settlement, and within _ten_ years unless it can be proved that the
settlor was able to pay his debts when settlement was made without aid
of property settled. This does not apply to a settlement made before
marriage, or after marriage of property accruing in the right of wife,
or settlement made in favour of purchaser in good faith for valuable
consideration.
1560. Arrest of the Debtor.
Arrest of the debtor may be ordered by the Court if, after a
bankruptcy notice or petition, there is reason to believe he is about
to abscond or to remove, conceal, or destroy any of his goods, books,
&c., or if, after a receiving order, he removes any goods above the
value of £5, or if, without good cause, he fails to attend the Court
for examination.
1561. Breach of Promise of Marriage.
Oral engagements and promises to marry will sustain an action, unless
the marriage is limited to take place upwards of a year from the
making of the contract, in which case the agreement to marry must be
in writing. No plaintiff can recover a verdict unless his or her
testimony shall be corroborated by some other material evidence in
support of the promise. The conduct of the suitor, subsequent to the
breaking off the engagement, would weigh with the jury in estimating
damages. An action may be commenced although the gentleman is not
married. The length of time which must elapse before action must be
reasonable. A lapse of three years, or even half that time, without
any attempt by the gentleman to renew the acquaintance, would lessen
the damages very considerably--perhaps do away with all chance of
success, unless the delay could be satisfactorily explained.
The mode of proceeding is by an action at law. For this an attorney
must be retained, who will manage the whole affair to its termination.
The first proceeding (the writ, service thereof, &c.) costs from £2 to
£5. The next proceeding--from a fortnight to a month after service of
the writ--costs about £5 more. The whole costs, to the verdict of the
jury, from £35 to £50, besides the expenses of the lady's witnesses.
If the verdict be in her favour, the other side have to pay her costs,
with the exception of about £10. If the verdict be against her, the
same rule holds good, and she must pay her opponent's costs--probably
from £60 to £70.
[TOO MANY COOKS SPOIL THE BROTH.]
1562. Before Going to Law.
Before legal proceedings are commenced, a letter should be written to
the gentleman, by the father or brother of the lady, requesting him to
fulfil his engagement. A copy of this letter should be kept, and it
had better be delivered by some person who can prove that he did so,
and that the copy is correct: he should make a memorandum of any
remarks or conversation.
1563. Examples.
We give an abstract or two from the law authorities: they will, we
have no doubt, be perused by our fair readers with great attention,
and some satisfaction.
"A man who was paying particular attentions to a young girl, was
asked by the father of the latter, after one of his visits, what his
intentions were, and he replied, 'I have pledged my honour to marry
the girl in a month after Christmas'; and it was held that this
declaration to the father, who had a right to make the inquiry, and
to receive a true and correct answer, taken in connection with the
visits to the house, and the conduct of the young people towards
each other, was sufficient evidence of a promise of marriage."
1564. Length of Engagement.
"The Common Law does not altogether discountenance long engagements
to be married. If parties are young, and circumstances exist,
showing that the period during which they had agreed to remain
single was not unreasonably long, the contract is binding upon them;
but if they are advanced in years, and the marriage is appointed to
take place at a remote and unreasonably long period of time, the
contract would be voidable, at the option of either of the parties,
as being in restraint of matrimony. If no time is fixed and agreed
upon for the performance of the contract, it is in contemplation of
law _a contract to marry within a reasonable period after request._"
1565. Call or Refusal.
"Either of the Parties, therefore, after the making of such a
contract, may call upon the other to fulfil the engagement; and in
case of a refusal, or a neglect so to do on the part of the latter
within a reasonable time after the request made, the party so
calling upon the other for a fulfilment of the engagement may treat
the betrothment as at end, and bring an action for damages for a
breach of the engagement. If both parties lie by for an unreasonable
period, and neither renew the contract from time to time by their
conduct or actions, nor call upon one another to carry it into
execution, the engagement will be deemed to be abandoned by mutual
consent, and the parties will be free to marry whom they please."
1566. Roman Law.
"The Roman Law very properly considered the term of two years amply
sufficient for the duration of a betrothment; and if a man who had
engaged to marry a girl did not think fit to celebrate the nuptials
within two years from the date of the engagement, the girl was
released from the contract."
1567. Deed of Separation between a Man and his Wife.