Enquire within upon everything.

  • Robert Kemp Philp
Date:
1863
Catalogue details

Licence: Public Domain Mark

Credit: Enquire within upon everything. Source: Wellcome Collection.

Provider: This material has been provided by The University of Leeds Library. The original may be consulted at The University of Leeds Library.

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    unlawfully pledging is a misdemea- nour. 2891. 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. 2892. Agreement for Letting a Furnished House or Apartment.—Memorandum of an Agreement made and entered into this (iay of , 185 , 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 fur- niture, fixtures, and other things mentioned and comprised in the schedule hereunder written, for the space of ■ months, to be romputed 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 ten- ancy, 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 tis 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 other- wise damaged. In witness, &c.—[Here is to r’oUow the Inventory or List of Articles referred to cd)ove.] 2893. The notices to quit are the same as 2871. 2894. 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 is 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 thi sale, and recover the overplus, if any. 2895. 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 dis- training, 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. 2896. A second distress can be made, if the value of the first is not enough to pay the rent and costs. 2897. Goods conveyed off- the pre- mises 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 pre- sence of a constable; but goods re- moved before the rent is actually due cannot be followed, but the rent can be recovered by action as a debt in the County Court. 2898. The general rule is, that no- thing can be distrained which cannot be 1 etumed in the same condition as befOi C the distress was made. 2899. The distraining broker cannot be one of the appraisers, nor can he value the goods—such a proceeding would render the distress illegal, and the tenant could obtain damages. 2900. The persons chosen as ap- praisers must not be interested in the distress; also, if the person distraining was chosen one of the appraisers, the distress would be illegal. 2901. In cases of bankruptcy or in- solvency, no more than one year’s rent is attainable 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. 2902. According to 57 Geo. III. cap. 65, no person distraining for rent, shall take other charges than those in the above schedule; the party charging more can be sued for treble the amount unlawfully taken.