ii. Warm the work and brush over with weak aquafortis, then hold to

the fire. Varnish or oil as usual.

1440. Laws of Employers and Employed.

1441. Hiring and Dismissal.

It is customary with respect to domestic servants, that if the terms are not otherwise defined, the hiring is by the month, and may be put an end to by either party giving a month's warning; or, at the will of the employer, a month's wages.

1442. Dismissal.

An employer may dismiss a servant upon paying wages for one month beyond the date of actual dismissal, the wages without service being deemed equivalent to the extra board and lodging with service.

1443. Distinctions.

There are Distinctions with respect to clerks, and servants of a superior class. A month's warning or wages will not determine the engagements of servants of this class.

1444. Terms.

The Terms on which clerks and superior servants are employed being very various, it is desirable to have some specific agreement, or other proof of the conditions of service and wages.

1445. Need for Stamping.

Agreements with menial servants need not be stamped; but contracts of a higher and special character should be.

1446. Terms of Agreement.

The Terms of an Agreement should be distinctly expressed, and be signed by both parties. And the conditions under which the agreement may be terminated by either party should be fully stated.

1447. Mutuality of Interest.

Every Agreement should bear Evidence of Mutuality of interest. If one party agrees to stay with another, and give gratuitous services, with the view of acquiring knowledge of a business, and the other party does not agree to employ and to _teach_, the agreement is void, as being without consideration.

1448. Contract.

An employer must Contract to employ, as well as a servant to _serve_, otherwise the employer may put an end to the contract at his own pleasure. In such a case a servant may be dismissed without notice.

1449. Permanency.

An Agreement to give Permanent Employment is received as extending only to a substantial and reasonable period of time, and that there shall be no immediate and peremptory dismissal, without cause.

1450. Stipulation.

When no Stipulation is made at the time of the hiring, or in the agreement, that a servant shall be liable for breakages, injuries from negligence, &c., the employer can only recover from the servant by due process of law.

1451. Prudent Stipulation.

It is a Prudent Stipulation that, if a servant quit his employ before the specified time, or without due notice, a certain amount of wages shall be forfeited; otherwise the employer can only recover by action for damages.

1452. Livery Servants.

In the case of Livery Servants, it should be agreed that, upon quitting service, they deliver up the liveries; otherwise disputes may arise that can only be determined by recourse to law.

1453. Change of Trade.

When a Master to whom an Apprentice is bound for a particular trade, changes that trade for another, the indenture binding the apprentice becomes null and void.

1454. Act of God.

If a Servant, retained for a year, happen within the period of his service to fall sick, or to be hurt or lamed, or otherwise to become of infirm body by the act of God, while doing his master's business, the master cannot put such servant away, nor abate any part of his wages for such time.

1455. Terms of Discharge.

But this does not interfere with the Right of an Employer to determine a contract for services in those cases where terms of discharge are specified in the contract of hiring. In such cases, inability to serve, through sickness or other infirmity, puts an end to right to wages, which are in consideration of such services.

1456. Forfeit.

When the Hiring of a Superior Servant is for a year, if the servant, prior to the expiration of the year, commits any act by which he may be lawfully discharged, he cannot claim wages for the part of the year which he may have served.

1457. Claim.

But a Menial Servant may claim up to the date of his dismissal, unless his discharge be for embezzlement or other felonious acts.

1458. Death.

Upon the Death of a Servant, his personal representative may claim arrears of wages due, unless the contract of employment specified and required the completion of any particular period.

1459. Bankrupt Master.

When a Master becomes Bankrupt, the wages or salary of any clerk or servant in his employ, not exceeding four months' wages or salary, and not more than £50, is payable in full before the general creditors receive anything. So also the wages of any labourer or workman not exceeding two months' wages. For any further sums due to him, the clerk, servant, or workman must prove against the bankrupt's estate the same as other creditors.

1460. Receipts.

Receipts should be taken for Wages paid. Where servants have been under age, it has been held that moneys advanced for fineries and extravagances unbecoming to a servant did not constitute payment of wages, and the employer has been compelled to pay again.

1461. Moneys paid to a Married Woman.

The receipt of a married woman is a good discharge for any wages or earnings, acquired or gained by her in any employment or occupation in which she is engaged separately from her husband.

1462. Medical Attendance.

A Master may bacome liable for Medical Attendance upon his sick servant if he calls in his own medical man, and orders him to attend to the servant.

1463. End of Claim.

When a Servant is Discharged for any just cause, he cannot claim wages beyond the last pay-day under the contract of hiring.

1464. General Hiring.

A General Hiring of a Clerk or warehouseman is for a year, even though the wages be paid by the month, unless a month's warning or wages be specified in the contract of employment.

1465. Special Privileges.

Where a Servant Reserves to Himself Special Privileges, such as particular portions of his time, the hiring becomes special, and cannot be governed by the terms of general engagements. So, also, where a servant stipulates to be exempted from particular duties that usually belong to his situation.

1466. Refusal of Duty.

Should a Servant Refuse to perform any duty required from him, his right so to refuse will generally be determined by the usages prevailing among servants of a similar class.

1467. Seduction from Employment.

A Servant being Seduced from the Employment of a master, the latter has a right of action against the seducer for losses sustained.

1468. Masters Responsible.

It is an Established Maxim in Law, that whoever does an act by the hands of another shall be deemed to have done it himself. And hence, in many matters, masters are responsible for the acts of their servants. But if a servant does an unlawful act, not arising out of the discharge of his duties to his master, then the employer is not responsible.

1469. Purchase of Goods by Servants for Employer.

A servant cannot by buying goods for his employer's use pledge his master's credit, unless his master authorized him to do so, or unless the master has previously paid for goods bought by the servant in like manner on a former occasion. If a master contracts with a servant to provide certain things and pays him for so doing, a tradesman supplying the things can only sue the servant and not the master for his money.

1470. Privileged Communications.

An action will not lie against an employer for giving an unfavourable character of a servant, even though it be in writing. Communications of this nature, in answer to inquiries, are considered privileged. But if it can be proved that an employer has given a _false_ character from motives of _malice_, then an action for libel will lie against him; but the representations must be proved to be false as well as malicious.

1471. Laws of Landlord and Tenant.

1472. Leases.

A lease is a conveyance of premises or lands for a specified term of years, at a yearly rent, with definite conditions as to alterations, repairs, payment of rent, forfeiture, &c. Being an instrument of much importance, it should always be drawn by a respectable attorney, who will see that all the conditions, in the interest of the lessee, are fulfilled.

[SAVING AFFORDS THE MEANS OF GIVING.]

1473. Precaution.

In taking a lease, the tenant's solicitor should carefully examine the covenants, or if he take an underlease, he should ascertain the covenants of the original lease, otherwise, when too late, he may find himself so restricted in his occupation that the premises may be wholly useless for his purpose, or he may be involved in perpetual difficulties and annoyances; for instance, he may find himself restricted from making alterations convenient or necessary for his trade; he may find himself compelled to rebuild or pay rent in case of fire; he may find himself subject to forfeiture of his lease, or other penalty, if he should underlet or assign his interest, carry on some particular trade, &c.

1474. Covenants.

The covenants on the landlord's part are usually for the quiet enjoyment of the premises by the lessee. On the tenant's part, they are usually to pay the rent and taxes; to keep the premises in suitable repair; and to deliver up possession when the term has expired.

1475. Rent and Taxes.

The lessee covenants to pay the rent and all taxes, except the land and property taxes, which may be deducted from the rent.

1476. Assignments.

Unless there be a covenant against assignment, a lease may be assigned, that is, the whole interest of the lessee may be conveyed to another, or it may be underlet; if, therefore, it is intended that it should not, it is proper to insert a covenant to restrain the lessee from assigning or underletting. Tenants for terms of years may assign or underlet, but tenants at will cannot.

1477. Repairs.

A tenant who covenants to keep a house in repair is not answerable for its natural decay, but is bound to keep it wind and water tight, so that it does not decay for want of cover. A lessee who covenants to pay rent and keep the premises in repair, is liable to pay the rent although the premises may be burned down, unless a stipulation to the contrary be inserted in the lease.

1478. Neglect of Repairs by Landlord.

If a landlord covenant to repair, and neglect to do so, the tenant may do it, and withhold so much of the rent. But it is advisable that notice thereof should be given by the tenant to the landlord, in the presence of a witness, prior to commencing the repairs.

1479. Right of Landlord to Enter Premises.

A landlord may enter upon the premises (having given previous notice, although not expressed in the lease), for the purpose of viewing the state of the property.

1480. Termination of Leases.

A tenant must deliver up possession at the expiration of the term (the lease being sufficient notice), or he will continue liable to the rent as tenant by sufferance without any new contract; but if the landlord recognises such tenancy by accepting a payment of rent after the lease has expired, such acceptance will constitute a tenancy; but previous to accepting rent, the landlord may bring his ejectment without notice; for, the lease having expired, the tenant is a trespasser. A lease covenanted to be void if the rent be not paid upon the day appointed, is good, unless the landlord make an entry.

1481. Rights of Married Women.

Married Women, with the concurrence of their husbands, may grant leases by deed for any term. Husbands, seised in right of their wives, may grant leases for twenty-one years. If a wife is executrix, the husband and wife have the power of leasing, as in the ordinary case of husband and wife. A married woman living separate from her husband may by taking a lease bind her separate estate for payment of the rent and performance of the covenants.

1482. Copyholders.

Copyholders may not grant a lease for longer than one year, unless by custom, or permission of the lord: and the lease of a steward of a manor is not good, unless he is duly invested with a power for that purpose.

1483. Notices.

All notices, of whatever description, relating to tenancies, should be in writing, and the person serving the said notice should write on the back thereof a memorandum of the date on which it was served, and should keep a copy of the said notice, with a similar memorandum attached.

1484. Yearly Tenancies.

Houses are considered as _let_ for the year, and the tenants are subject to the laws affecting annual tenancies, unless there be an agreement in writing to the contrary.

1485. _Agreement for taking a House on an Annual Tenancy_.

Memorandum of Agreement, entered into this----day of-------18--, between R.A., of----, and L.O., of of----, as follows:

The said R.A. doth hereby let unto the said L.O. a dwelling-house, situate in----, in the parish of-----, for the term of one year certain, and so on from year to year, until half a year's notice to quit be given by or to either party, at the yearly rent of---- pounds, payable quarterly; the tenancy to commence at----day next.

And the said R.A. doth undertake to pay the land-tax, the property-tax, and the sewer-rate, and to keep the said house in all necessary repairs, so long as the said L.O. shall continue therein. And the said L.O. doth undertake to take the said house of R.A. for the before-mentioned term and rent, and pay all rates and taxes, except as aforesaid. The said R.A. to be at liberty to re-enter if any rent shall be in arrear for 21 days, whether such rent has been demanded or not.

Witness our hands, the day and year aforesaid. Witness, G.C. R.A. L.O.

1486. Payment of Taxes by Landlord.

If the landlord agree to pay all the rates and taxes, then a different wording of the agreement should take place, as thus:

And the said R.A. doth undertake to pay all rates and taxes, of whatever nature or kind, chargeable on the said house and premises, and to keep the said house in all necessary repairs, so long as the said L.O. shall continue therein.

1487. Indemnity from Arrears.

If the landlord agree to secure the incoming tenant from all arrears (and the tenant should see to this) due on account of rent, rates, and taxes, the indemnification should be written on a separate paper, and in something like the following terms:

1488. _Indemnification against Rents, Rates and Taxes in Arrear_.

I, R.A., landlord of a certain house and premises now about to be taken and occupied by L.O., do hereby agree to indemnify the said L.O. from the payment of any rent, taxes, or rates in arrear, prior to the date of the day at which his said tenancy commences. As witness my hand this----day of----18

R.A., Landlord of the above premises. Witness, G.C.

1489. _Agreement for taking a House for Three Years_.

Memorandum of an agreement made the----day of----, 18 , between R.A., of----, and L.O. of----, as follows:

The said R.A. doth let unto the said L.O. a house (and garden, if any) with appurtenances, situate in----, in the parish of----, for three years certain. The rent to commence from----day next, at and under the yearly rent of----, payable quarterly, the first payment to be at----day next.

The said L.O. doth agree to take the said house (and garden) of the said R.A. for the term and rent payable in manner aforesaid; and that he will, at the expiration of the term, leave the house in as good repair as he found it [reasonable wear and tear excepted]. The said R.A. to be at liberty to re-enter, if any rent shall be in arrear for 21 days, whether such rent has been demanded or not. Witness our hands. R.A. L.O. Witness, G.C.

1490. Payment of Rent.

Rent is usually payable at the regular quarter-days, namely, Lady-day, or March 25th; Midsummer-day, or June 24th; Michaelmas-day, September 29th; and Christmas-day, December 25th. It is due at mid-day; but no proceedings for non-payment, where the tenant remains upon the premises, can be taken till the next day.

1491. Payment of Rent Imperative.

No consideration will waive the payment of the rent, should the landlord insist on demanding it. Even should the house be burnt, blown, or fall down, the tenant is still liable for rent; and the tenancy can only be voidable by the proper notice to quit, the same as if the house remained in the most perfect condition.

1492. Demanding Rent.

The landlord himself is the person most proper to demand rent; he may employ another person, but if he does, he must authorize him by letter, or by power of attorney; or the demand may be objected to.

1493. Receipt for Rent.

When an agent has been duly authorized, a receipt from him for any subsequent rent is a legal acquittance to the tenant, notwithstanding the landlord may have revoked the authority under which the agent acted, unless the landlord should have given the tenant due and proper notice thereof.

1494. Legal Tender.

A tender of rent should be in the current coin of the kingdom. But a tender of Bank of England notes is good, even in cases of distress.

1495. _Form of a Receipt for Rent._

Received of Mr. L.O. the sum of ten pounds ten shillings, for a quarter's rent due at Lady-day last, for the house, No. ,------- street.

£10 10s. [Stamp] R. A. --------

1496. Receipt Given by an Agent.

If the receipt be given by an agent, it should be signed:

G. C., Agent for R.A., landlord of the above premises.

1497. Care of Receipts for Rent.

Be careful of your last quarter's receipt for rent, for the production of that document bars all prior claim. Even when arrears have been due on former quarters, the receipt, if given for the last quarter, precludes the landlord from recovery thereof.

1498. Notice to Quit.

When either the landlord or tenant intends to terminate a tenancy, the way to proceed is by a notice to quit, which is drawn up in the two following ways:

1499. _Form of a Notice to Quit from a Tenant to his Landlord._

Sir,--I hereby give you notice, that on or before the------day of ------next, I shall quit and deliver up possession of the house and premises I now hold of you, situate at------, in the parish of ------, in the county of------.

Dated the------day of------, 18 Witness, G.C. L.O. To Mr. R. A.

1500. _Notice from Landlord to his Tenant._

--Sir,--I hereby give you notice to quit and deliver up possession to me of the house and appurtenances, situate No------, which you now hold of me, on or before------next. Dated------, 18 . (Signed) R.A. (landlord). To Mr. L. O.

1501. Notice to Quit.

An opinion is very generally entertained, however, that a quarter's warning to quit, where the house is of small rental, is sufficient notice; but where the rent is payable quarterly, or at longer intervals, this is a mistake, for unless a special agreement is made defining the time to be given as a warning, six months' notice to quit must be given, to expire on the same day of the year upon which the tenancy commenced. Where the rent is payable weekly or monthly, the notice to quit will be good if given for the week or month, provided care be taken that it expires upon the day of the week or month of the beginning of the tenancy.

1502. _Form of Notice from a Landlord to his Tenant to Quit or Pay an increased Rent._

To Mr. R. A.--Sir,--I hereby give you notice to deliver up possession, and quit on or before------, the [_here state the house or apartment_] and appurtenances which you now hold of me in [_insert the name of street, &c._], and in default of your compliance therewith, I do and will insist on your paying me for the same, the [_annual or monthly_] rent of----, being an additional rental of----pounds per annum [_over and above the present annual rental_] rent, for such time as you shall detain the key and keep possession over the said notice. Witness my hand, this----day of----, 18. Witness, G.C. L.O.

[A HUNGRY MAN SEES FAR.]

1503. Refusal to Give up Possession.

If a tenant holds over, after receiving a sufficient notice to quit, _in writing,_ he becomes liable to pay double the yearly value; if he holds over after having himself given even parole notice to quit, he is liable to pay double rent.

1504. Lodgings and Lodgers.

1505. The Goods of a Lodger.

The goods of a lodger are not liable to distress for rent due to the superior landlord.

1506. Distraint on Furniture, etc., of Lodger.

If any furniture, goods, or chattels of a lodger are distrained for rent due to the superior landlord, the lodger should immediately serve the superior landlord or his bailiff with a declaration in writing, setting forth that the immediate tenant of the house has no interest in the things distrained which belong to the lodger, and also setting forth whether any and what rent is due, and for what period, from the lodger to his immediate landlord; and the lodger should pay to the superior landlord, or his bailiff, the rent so due from him, so much as shall be sufficient to discharge the claim of the superior landlord. The lodger should make out and sign an inventory of the things claimed by him, and annex it to this declaration.

1507. Application to Magistrate, etc., if Landlord proceed with Distress.

If, after taking these steps, the superior landlord, or his bailiff, should proceed with a distress upon the lodger's goods, the lodger should apply to a stipendiary magistrate or to two justices of the peace, who will order his goods to be restored to him.

1508. Broker Entering Apartments.

A broker having obtained possession through the outer door, may break open any of the private doors of the lodgers, if necessary, for the purpose of distraining the goods of the tenant.

1509. Renting for a specific Term.

If lodgings are taken for a certain and specified time, no notice to quit is necessary. If the lodger, however, continues after the expiration of the term, he becomes a regular lodger, unless there is an agreement to the contrary. If he owes rent, the housekeeper can detain his goods whilst on the premises, or distrain, as a landlord may distrain the goods of a tenant.

1510. Lodgers and Householders bound by the same Law.

No distinction exists between lodgers and other tenants as to the payment of their rent, or the turning them out of possession; they are also similarly circumstanced with regard to distress for rent, as householders, except that (as above mentioned) the goods of lodgers cannot be distrained for rent due to the superior landlord.

1511. Weekly Tenants.

In case of weekly tenants, the rent should be paid weekly, for if it 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.

This indenture, made the----day of----, in the year of our Lord 1864, between Charles B----, of----, of the first part, Anna R---- B----(the wife of the said Charles B----), of the second part, and G----R----B----of the third part: Whereas the said Charles B---- and Anna R----, his wife, have, for good reasons, determined to live separate and apart from each other, and on that consideration the said Charles B----hath consented to allow unto the said Anna R---- B----a clear weekly payment or sum of----s., for her maintenance and support during her life, in manner hereinafter contained: And whereas the said G----R----B----hath agreed to become a party to these presents, and to enter into the covenant hereinafter contained on his part:

Now this indenture witnesseth, that in pursuance of the said agreement, he, the said Charles B--, for himself, his heirs, executors, and administrators, doth covenant, promise, and agree, to and with the said G--R--B--, his executors, administrators, and assigns in manner following, that is to say, that he, the said Charles B--, shall and will, from time to time, and at all times hereafter, permit and suffer the said Anna R--B--to live separate and apart from him, the said Charles B--, as if she were sole and unmarried, and in such place and places as to her from time to time shall seem meet; and that he, the said Charles B--, shall not nor will molest or disturb the said Anna R--B--in her person or manner of living, nor shall, at any time or times, hereafter require, or by any means whatever, either by ecclesiastical censures, or by taking out citation, or other process, or by commencing or instituting any suit whatsoever, seek or endeavour to compel any restitution of conjugal rights, nor shall not nor will commence or prosecute proceedings of any description against the said Anna R--B--in any ecclesiastical court or elsewhere; nor shall nor will use any force, violence, or restraint to the person of the said Anna R--B--; nor shall nor will, at any time during the said separation, sue, or cause to be sued, any person or persons whomsoever for receiving, harbouring, lodging, protecting, or entertaining her, the said Anna R--B--, but that she, the said Anna R--B--, may in all things live as if she were a _feme sole_ and unmarried, without the restraint and coercion of the said Charles B--, or any person or person by his means, consent, or procurement; and also that all the clothes, furniture, and other the personal estate and effects, of what nature or kind soever, now belonging or at any time hereafter to belong to, or be in the actual possession of her, the said Anna R--B--; and all such sums of money and personal estate as she, the said Anna R--B--, or the said Charles B--in her right, shall or may at any time or times during the said separation acquire or be entitled to at law or in equity, by purchase, gift, will, intestacy, or otherwise, shall be the sole and separate property of the said Anna R--B--, to manage, order, sell, dispose of, and use the same in such manner, to all intents and purposes, as if she were a _feme sole_ and unmarried:

And further, that he, the said Charles B--, his executors or administrators, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said G--R--B, his executors, administrators, or assigns, a clear weekly payment or sum of--s., on Monday in each and every week during the life of the said Anna R--B--, but in trust for her, the said Anna R--B--, for her separate maintenance and support: And the said G--R--B--, for himself, his heirs, executors, and administrators, doth hereby covenant and agree to and with the said Charles B--, his executors, administrators, and assigns, that she, the said Anna R--B--, shall not nor will not, at any time or times hereafter, in any wise molest or disturb him the said Charles B--, or apply for any restitution of conjugal rights, or for alimony, or for any further or other allowance or separate maintenance than the said weekly sum of--s; and that he, the said G--R--his heirs, executors, or administrators, shall and will, from time to time, at all times hereafter, save, defend, and keep harmless and indemnify the said Charles B--, his heirs, executors, and administrators, and his and their lands and tenements, goods and chattels, of, from, and against all and all manner of action and actions, suit and suits, and all other proceedings whatsoever which shall or may at any time hereafter be brought, commenced, or prosecuted against him the said Charles B--, his heirs, executors, or administrators, or any of them, and also of, from, and against all and every sum and sums of money, costs, damages, and expenses which he, the said Charles B--, his executors, administrators, and assigns, shall or may be obliged to pay, or shall or may suffer, sustain, or be put unto, for, or by reason, or on account of any debt or debts which shall, at any time hereafter, during such separation as aforesaid, be contracted by the said; Anna R--B--, or by reason, or means, or on account of any act, matter, cause, or thing whatsoever relating thereto. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written.

[AT OPEN DOORS DOGS COME IN.]

1568. Divorce and other Matrimonial Causes.

The powers of the Ecclesiastical Court are abolished in these cases, which are now taken in the Probate, Divorce, and Admiralty Division of the High Court.

[IDLE FOLKS TAKE THE MOST PAINS.]

1569. Divorce _à mensâ et thoro_.

By Divorce _à mensâ et thoro_ is meant a separation only; it does not sever the matrimonial tie, so as to permit the parties to contract another marriage. These are now called _judicial separations._

1570. Suits of Jactitation of Marriage.

By suits of jactitation of marriage is meant suits which are brought when a person maliciously and falsely asserts that he or she is already married to another, whereby a belief in their marriage is spread abroad, to the injury of the complaining party.

1571. Absolute Divorce.

By absolute divorce is meant a dissolution of the marriage, by which the parties are set absolutely free from all marital engagements, and capable of subsequent marriage. In these cases a _decree nisi_ is first obtained, which is made absolute after the lapse of a certain time, unless the decree should be set aside by subsequent appeal.

1572. Grounds of Divorce.

The grounds of divorce are very various, and in most cases fit only for confidential communication to a solicitor. In all cases a highly respectable professional adviser should be employed.

1573. Sentence of Judicial Separation.

A sentence of judicial separation may be obtained either by the husband or the wife, on the ground of desertion without cause for two years or upwards. To constitute wilful desertion on the part of the husband, his absence must be against the will of his wife, and she must not have been a consenting party to it.

1574. Insufficient Grounds.

Persons cannot be legally separated upon the mere disinclination of one or both to live together. The disinclination must be proved upon, reasons that the law recognises; and the court must see that those reasons actually exist.

1575. Costs.

The amount of sosts of a judicial separation or a divorce varies from £25 to £500 or more, according to the circumstances of the suit, and the litigation that may ensue. But a person being a pauper may obtain relief from the court by suing _in forma pauperis._ Any such person must lay a case before counsel, and obtain an opinion from such counsel that he or she has reasonable grounds for appealing to the court for relief. The opinion of the counsel must then be laid before the judge ordinary, and leave be obtained to proceed with the suit.

1576. Magisterial Order for Protection of Wife's Property.

When a wife is able to prove that her husband has deserted her without cause and against her will, she may obtain from the Matrimonial Court, or from the judge ordinary, an order to protect her against his creditors, and against any person claiming under him, by way of purchase or otherwise, any property she may acquire by her own lawful industry, or may become possessed of after such desertion.

1577. Obtaining an Order.

The order may in any case be obtained from the court, and when the wife lives in London, from a police magistrate; or where she lives in the country, from two magistrates sitting in petty sessions.

1578. Nature of the Order (1).

The order does not prevent the Husband returning to his Wife, but only prevents his taking her earnings while the desertion eontinues.

[HOME IS HOME, BE IT EVER SO HOMELY.]

1579. Nature of the Order (2).

The order, when obtained, puts the wife in the same position with regard to ownership of property and the right to sue and be sued upon contracts (that is, all bargains and business transactions), as if she had obtained the decree of judicial separation, placing her, in fact, if the situation of a single woman.

1580. Penalty.

If after this Order is made, the husband, or any creditor of his, or person claiming through him by purchase or otherwise, should seize or continue to hold any property of the wife, after notice of such order, the wife may bring an action against her husband or such other person, and may recover the property itself, and double its value in money.

1581. Liability of Husband for Wife's Debts.

A husband is only liable for the debts and liabilities of his wife contracted before marriage to the extent of the property which he receives from, or becomes entitled to through his wife. The wife herself is liable to the extent of her separate property for all debts incurred by her either before or after marriage.

1582. Earnings, etc., of Married Women.

A married woman, after January 1, 1883, may carry on business separate from her husband, and is entitled absolutely for her separate use to all wages and earnings acquired by her in any employment, occupation, or trade, in which she is engaged, and which she carries on separately from her husband, and to all money acquired by her through the exercise of any literary, artistic, or scientific skill, and her receipt alone is a good discharge for the amount.

1583. Personal Property, etc., of Married Women.

A woman married after January 1, 1883, is entitled to hold all real and personal property which she was entitled to either at or after marriage, for her separate use.

1584. To Search for Wills.

If you wish to examine a will, your best course is to go to "The Wills Office," at Somerset House, Strand, have on a slip of paper the name of the testator--this, on entering, give to a clerk whom you will see at a desk on the right. At the same time pay a shilling, and you will then be entitled to search all the heavy Index volumes for the testator's name. The name found, the clerk will hand over the will for perusal, and there is no difficulty whatever, _provided you know about the year of the testator's death._ The Indexes are all arranged and numbered according to their years.

Not only the names of those who left wills are given, but also of those intestates to whose effects letters of administration have been granted. There is no charge beyond the shilling paid for entering. If you require a copy of the will, the clerk will calculate the expense, and you can have the copy in a few days. No questions whatever are asked--nor does the length of the will, or the time occupied in reading it, make any difference in the charge. Beyond the shilling paid on entering, there is no other demand whatever, unless for copying the whole or a portion of the will.

If the deceased at the time of his death had a fixed place of abode within the district of any of the District Registries attached to the Court of Probate, the will may now be proved, or letters of administration obtained from the district registrar. There are numerous district registries, viz., at Liverpool, Manchester, Bristol, York, Newcastle, Durham, and other places. If the will has not been proved in London, it will be found in the registry of the district in which the deceased dwelt at the time of his death. The same rules are observed in the country as in London, with regard to examination, &c. The fee--one shilling--is the same in all. Having ascertained that the deceased left a will, and that it has been proved, the next inquiry is, _"Where was it proved?"_ The above explanation and remarks apply also to the administrations granted to the effects of those who died without wills.

[EVERY MAN'S HOUSE IS HIS CASTLE.]

1585. Making a Will.

The personal property of any person deceased, left undisposed of by deed or will, is divisible among his widow, should he leave one, and his next of kin, in the following order:

i. Children, grandchildren, great-grandchildren, &c. The next inheritors, in the absence of these, are,