PART IX.

The Temple.

MY DEAR DOROTHY,—I was very sorry to hear that your holiday had

commenced in such a disastrous manner; but you were quite justified in

leaving the furnished house which you had taken for a month at the end

of the first week, when you found that the drainage was in a defective

condition.

It is all very well for the landlord to threaten Gerald with

proceedings to recover his rent for the three weeks which you did _not_

stay at his house. There is an implied condition in the letting of a

furnished house that it shall be reasonably fit for habitation; if it

is not fit, the tenant may leave without notice.

No one could possibly assert that a house whose drainage was out of

order was fit for habitation; so that, if your landlord is ill-advised

enough to bring an action against you, you need have no fear of the

result. But I fancy that he is only trying it on, and will abandon his

claim when he finds that you are determined to resist it.

It was fortunate for him that you did not stay on in his house and

contract typhoid fever, or something of the kind. If one of you had

done so, you might have taken action against the landlord for damages

and compensation.

What I have just written only applies to the hire of a furnished house.

The law on the letting of furnished lodgings is quite different.

There is no implied warranty that the lodgings shall continue fit for

habitation during the term.

I know of a case where a friend of mine took lodgings at the seaside

for his wife and family, and while they were staying there one of the

landlady’s children became ill with scarlet fever; but, as she did

not wish to lose her lodgers, the landlady concealed the fact of her

child’s having the fever from my friend. The consequence was that my

friend’s wife and child also became stricken with the fever, and he was

put to a lot of expense for medical attendance, nursing, etc. But he

was unsuccessful in an action which he brought to recover such expenses

as damages, because the jury found that the house was healthy at the

time of the letting. And the judges of the Appeal Court laid down the

axiom that there is no implied agreement in the letting of furnished

lodgings that they shall continue fit for habitation.

If a landlady were to let out lodgings knowing that one of the inmates

of her house was suffering from an infectious disease, I have no doubt

that she would render herself liable to a claim for damages if one were

subsequently brought against her; and it may give you, my dear Dorothy,

some satisfaction to learn that she would certainly be liable to a

criminal prosecution involving a heavy fine or imprisonment.

“Trespassers will be prosecuted” is a notice which one frequently sees

in the country; but it is an empty threat. Provided you are careful to

do no damage to the grass, you may trespass as much as you please. Very

often you will find such notices stuck up in fields over which there is

a right of way. In such cases the notice simply means that you should

keep to the footpath and not trample down the grass. It has been said

that it is no offence to take mushrooms, blackberries, primroses, or

wild plants of any kind or to trespass to find them.

Of course this only applies to mushrooms which are growing wild; but it

still applies even when such mushrooms may be a source of profit to the

owner of the field, provided they are growing wild and not in a state

of cultivation.

At the same time I ought to warn you that the farmers do not regard

things in a purely legal light, and they generally manage to make

themselves exceedingly unpleasant to the people whom they find

trespassing over their lands. I am bound to say that personally I

sympathise with the farmer to a certain extent.

The law does not regard professors of palmistry with a favourable

eye; on the contrary, it is inclined to class them as “rogues and

vagabonds,” although it is true that a prosecution of two professors of

the art in Yorkshire was not upheld on appeal and the conviction was

quashed. I do not think, however, that the followers of the art have

much cause to congratulate themselves on this decision as, at any rate,

the London magistrates have a very summary method of disposing of those

who are brought before them charged with practising “certain subtle

crafts, means and devices by way of palmistry, and imposing upon Her

Majesty’s subjects.”

Your affectionate cousin,

BOB BRIEFLESS.

“I NEED SOME MUSIC.”

(SONG, INTRODUCING THEME OF CHOPIN’S NOCTURNE IN G MAJOR.)

_Words by_ NORMAN R. GALE. _Music by_ THOMAS ELY, Mus. Bac., F.R.C.O.,

London.

[Music:

I need some music for my brain

As pansies need the dew;

Sing that heart-breaking song again,

And I will play for you,

And I will play for you.

Of old a sigh betray’d your breast,

The courier of your pain,

And just one tear-drop unrepress’d,

Came, shone, and fled again, and fled again.

You lov’d me then,

And when you ask if I can play it yet,

I sit and sound the tender task I never may forget.

And if you falter at the part where long ago you sigh’d,

Remember we are heart to heart serenely satisfied.]

THE HOUSE WITH THE VERANDAH.

BY ISABELLA FYVIE MAYO, Author of “Other People’s Stairs,” “Her Object

in Life,” etc.

The Girl's Own Paper, Vol. XX, No. 1024, August 12, 1899 · 第 2 / 3 章