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SLEEP FALLS SWEETLY UPON THE VIRTUOUS.

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remain as his tenant. If the woman, Rent.—Distress is the most efficient however, merely lodges there, and has remedy to recover rent, but care should her visitors elsewhere, her character be taken that it be done legally; if the will not affect his claim for rent. distress be illegal, the party aggrieved

1434. RENT RECOVERABLE. — If a has a remedy by action for damages. lodger quit apartments without notice, Excessive distresses are illegal. The the landlord can still recover his rent distrainer ought only to take sufficient by action, although he has put up a bill to recover the rent due, and costs; if, in the window to let them.

however, the articles sell for a greater 1435. Removing Goods. Remov- sum than is sufficient to pay these, the ing goods from furnished lodgings, with remainder must be returned to the intent to steal, is a felony : unlawfully tenant, who can demand a bill of the pledging is a misdemeanour.

sale, and recover the overplus, if any. 1436. LIABILITY FOR RENT.-- Where 1439. DISTRESS, LEGAL AND ILLEthe loager has removed, and there are GAL.-A distress can be made only for no goods whereon to make a levy, the rent that is due, and cannot be made rent becomes a debt, and can only be until the day after, nor unless it has recovered as such in the County Court been demanded by the landlord or his of the district.

agent. The outer door must not be 143%. Agreement for Letting a Furnished | broken open for the purpose of distrainHouse or Apartment.—Memorandum of an ing, neither can the distress be made agreement made and entered into this between sun-setting and sun-rising, nor day of 186 , between R. A., of on Sunday, Good Friday, or Christmasof the one part, and L. O., of of the day, nor after the rent has been other part, as follows :—That the said R. A. I tendered to the landlord or his agent. agrees to let, and the said L. O. to take, all A second distress can be made, if the that messuage or tenement (with the garden value of the first is not enough to pay and appurtenances thereto,) situate at, &c. the rent and costs. [or if an apartment be the subject of demise, all the entire first floor, particularly describing Goods conveyed off the premises to

1440. SEIZURE OF GOODS REMOVED. the other appurtenances], together with all the furniture, fixtures, and other things men

prevent

distress may be seized anytioned and comprised in the schedule here where within thirty days after the under written, for the space of —— months, removal, and if force is resorted to by to be computed from the

the landlord, it must be in the presence

pounds per quarter, of a constable; but goods removed payable quarterly, the first quarterly pay- before the rent is actually due cannot ment to be made on the

day of

be followed, but the rent can be renext ensuing the date hereof. And it is fur-covered by action as a debt in the ther agreed, by and between the said parties, County Court. The general rule is, that each party shall be at liberty to deter- that nothing can be distrained which mine the said tenancy, on giving to the other cannot be returned in the same condia quarter's notice in writing. And the said tion as before the distress was made. L. O. agrees, that in the determination of the

1441. BROKERS' AND APPRAISERS' tenancy, he will deliver up the said dwelling. DUTIES.—The distraining broker cannot house (or the entire first floor, &c.), together be one of the appraisers, nor can be with all the fixtures and furniture as aforesaid, value the goods-such a proceeding in as good a condition as the same now are, reasonable wear and tear thereof excepted, would render the distress illegal, and and shall and will replace any of the crockery the tenant could obtain damages. The and china or other utensils that shall be broken persons chosen as appraisers must not or otherwise damaged. In witness, &c.— be interested in the distress; also, if [Here is to follow the Inventory, or List of the person distraining were chosen one Articles referred to above.]

of the appraisers, the distress would be 1438. Remedies to Recover illegal.

-day of

at the rent of

MORNING IS WELCOME TO THE INDUSTRIOUS.

207

1442. BANKRUPTS' AND INSOLVENTS' proper authorities, and their reply, will RENT.—In cases of bankruptcy or in- be interesting to all concerned :solvency, no more than one year's rent

1449. “To the Commissioners of Inland is obtainable by distress; if more be due, the landlord is only entitled to come in Revenue, Somerset House, London. - Alidwith the rest of the creditors for the port town of Middlesbro', in the county of

dlesbro', Aug. 18th, 1855. — Sirs, — The sea. further sum due..

York, contains about 14,000 inhabitants, and 1443. ILLEGAL CHARGES.- Accord

inany dwelling-houses and shops are let from ing to 57 Geo. III., cap. 65, no person quarter to quarter, and from year to year, distraining for rent shall take other upon written memorandums of agreement, charges than those in the above sche- where the rents are under £20 a year; and as dule; the party charging more can be some difference of opinion exists respecting sued for treble the amount unlawfully the proper stamp duties to be paid on such taken.

agreements,your opinion is requested, whether 1444. AMOUNT OF RENT RECOVER

the common lease stamp for such an agreeABLE. — It is generally supposed that ment will be sufficient, or what other stamps not more than four weeks' rent can be (if any) will such memorandums require ? recovered from weekly tenants, four Your most obedient servant, Wu. MYERS,

Solicitor." months' rent from monthly tenants, and

Answer. -"Inland Revenue Office, Somerfour quarters' rent from quarterly or set House, London, 27th August, 1855.—Sir, annual tenants; this, however, is not -The Board having had before them your the case, for thé alteration of the law, letter of the 18th inst., I am directed, in reply, 7th and 8th Vic., cap. 96, secs. 18 and to state that the documents therein referred to 67, operates only in cases of bankruptcy will be chargeable with stamp duty as leases or insolvency, or where the goods are whether the tenancy be from quarter to quaralready distrained.

ter, or from year to year.-I am, sir, your 1445. EXPENSES :

obedient servant, THOMAS FINGLE. - W. £ s. d.

Myers, Esq." Levying a distress

0 3 0 Man in possession, per day, if

1450. STAMPED DOCUMENTS. — In the rent due be under £20

0 2 6 all cases where the law requires a stamp, Appraisement, 6d. in the pound on the whether for an agreement or a receipt, value of the goods, if above £20.

do not omit it. As the stamp laws are Appraisement, 18. in the pound on the value liable to frequent alterations, it is best of the goods, if under £20.

to refer to the tables in the recognized Expenses of advertising, &c.

almanacs for the year, or to make inCatalogues, sale, and commission, ls. in the

quiries at the Stamp offices. pound on the produce of the sale.

1451. Debtor and Creditor. 1446. BROKERS' CHARGES.-- Brokers must give copies of the charges in all 1452. Bankruptcy.- The dis

tinction formerly existing between in1447. VALUATION AND SALE OF solvents and bankrupts is now abolished. Goods.—The goods, when valued, are All debtors, whether traders or not, usually bought by the appraiser at are now subject to the laws of bankhis own valuation, and a receipt at ruptcy, the bottom of the inventory, witnessed 1453. ANY DEBTOR, NOT BEING A by the person who swore them, is a TRADER, who may go or remain abroad sufficient discharge.

for the purpose of escaping his creditors, 1448. STAMPED AGREEMENTS. or shall, with a view of evading their Much uncertainty having existed as to just demands, make fraudulent conthe legal nature of the agreements on veyance or other transfer of his propaper between landlords and tenants, perty, or any part thereof, may be the following communication to the adjudged a bankrupt.

.

cases.

208

PURE WATER IS BETTER THAN FOCL WINE.

BEING

1454. ANY DEBTOR,

A peremptory order, or within seven days TRADER, lying in prison for debt for a after the day fixed by the peremptory period of fourteen days; or, not being order, pay the money or secure or coma trader, for two calen lar months, shall, pound for it to the satisfaction of the by such imprisonment, be deemed to creditor, the creditor shall be entitled, have committed an act of bankruptcy. at the end of the seven days, to issue

1455. Any Debtor who SHALL against the debtor a judgment sumFILE IN THE OFFICE OF THE CHIEF mons. REGISTRAR, or with the registrar of a 1460. THE DEBTOR, BEING THUS district court of bankruptcy, a declara- SUMMONED, may be examined on oath, tion in writing that he is unable to and must produce such books and papers meet his engagements, shall be deemed as may be demanded, touching his posthereby to have committed an act of session or power relating to property bankruptcy, provided a petition for ad- applicable to the satisfaction of the debt. judication in bankruptcy shall be filed And any debtor refusing to be thas by or against him, within two months sworn and examined may be committed from the time of such declaration. by the court, as in the case of a bank

1456. AN EXECUTION LEVIED UPON rupt. A Debtor's Goods, by seizure and sale 1461. AFTER THE SERVICE OF SUCH thereof, for the satisfaction of any claim SUMMONS, whether the debtor may exceeding fifty pounds, constitutes an appear or not, there being no lawful act of bankruptcy from the date of impediment admitted by the court, the the seizure of such goods.

debtor may be adjudged a bankrupt, 1457. IF WITHIN FOURTEEN Days without the presentation of a petition OF THE SALE OF such Goods a peti- or other proceeding. The debtor shall tion for adjudication in bankruptcy receive notice of such adjudication, against the debtor be presented, the and may appear to show cause against proceeds of such sale shall be paid to it. Otherwise, at the end of seven days, the assignee in bankruptcy; the costs the adjudication shall be made absolute, of the previous action and execution and shall be published in the Gazette. being first paid out of the proceeds of 1462. EVERY PETITION FOR ADJLthe sale.

DICATION IN BANKRUPTCY must, except 1458. EVERY JUDGMENT CREDITOR in cases specified, be filed and prosowho shall be entitled to sue or charge cuted within the district in which such a debtor in execution, in respect of any debtor shall have resided, or carried on debt amounting to fifty pounds, exclu- business, for the six months immediately sive of costs, shall be entitled, at the preceding the time of filing such end of one week from the signing petition, or for the longest period during of judgment, to sue out against the such six months. The ercepted cases debtor, if a trader, or, not being a trader, are those in which the court in London at the end of one calendar month; and, may order any such petition to be whether he be in custody or not, to prosecuted in any district, with or issue a judgment summons, requiring without reference to the district in him to appear and be examined re- which the debtor may have resided or specting his ability to satisfy the debt. carried on business; or may transfer the

1459. WHEN THE SUMMONS IS DIS- further prosecution of any adjudication OBEYED by the debtor, having been from the court of one district to the duly served, and when the creditor has court of another. obtained a peremptory order, fixing a 1463. THE AMOUNT OF DEBT for day for payment, and the debtor does which any creditor may petition for not, if a trader, within seven days, adjudication of bankruptcy against a or a non-trader, within two calendar debtor, whether a trader or not, shall be months, after service on him of the as follows:-—The debt of a single cre

THE OATHS OF THE PASSIONATE HAVE NO MEANING.

209

HAS

ditor, or of two or more persons, being be printed, and a copy be sent by post, partners, shall amount to £50 or up- within a week from the filing thereof, wards. The debt of two creditors shall to each creditor who has proved. amount to £70 or upwards. The debt 1470. OFFICERS ON FULL PAY, of three or more creditors shall amount HALF Pay, salary, or pension, beneficed to £100 or upwards.

clergymen, and others, may be allowed 1464. EVERY PERSON WHO some portion of their emoluments ; the GIVEN CREDIT TO ANY DEBTOR, upon whole being, in the first instance, paid to valuable consideration, for any sum pay- the assignees for the benefit of creditors. able at a certain time, which time shall 1471. RENT AND LIABILITIES paynot have arrived when such debtor able by instalments may be proved committed an act of bankruptcy, may against the bankrupt's estate, proporso petition or join in petitioning, tionately up to the period of the bankwhether he shall have any security for ruptcy, but not up to the stated periods such sum or not.

of the payment of such rent or instal1465. THE COURT MAY ORDER SATIS- ments, unless the bankruptcy occurred FACTION TO BE MADE to a debtor by the at a corresponding date. petitioning creditor or creditors, if the 1472. CLASSIFICATION BY CERTIFIadjudication shall be proved to have CATES IS ABOLISHED. - In cases where been wrongly or maliciously made. the discharge of a bankrupt shall be sus

1466. IF A DEBTOR, IMPRISONED pended, such discharge, when granted, FOR A DEBT, shall, through poverty, be shall state the period for which it was unable to petition the court for an adju- suspended, and the reasons for such dication in bankruptcy against himself, suspension; and the same with regard he may petition in forma pauperis, upon to imprisonment. making an affidavit that he has not the 1473. IF, AT THE APPLICATION FOR means of paying the fees and expenses. DISCHARGE, any creditor or creditors

1467. IMMEDIATELY ON ADJUDI- oppose, and charge the bankrupt CATION, the official assignee will take with acts of misdemeanour, the court possession of the bankrupt's estate, and may, with the consent of the bankrupt, retain possession until the appointment appoint a day for trying the bankrupt of a creditors' assignee; but if the on the charge, and a jury may be official assignee, or the court, upon the appointed for such trial. But the court representation of any creditor, shall be may order the bankrupt to be indicted of opinion that the keeping possession and tried in one of the courts of criminal of the bankrupt's property is not requi-justice. site for the due protection of the creditors,

1474. IF THE COURT SHOULD BE OF such possession shall not be continued." OPINION that the bankrupt has carried

1468. AT THE FIRST MEETING OF on trade by fictitious capital ; or that he CREDITORS, the majority of creditors in could not have had, at the time when value may make an allowance to the the debts were contracted, any probable bankrupt. At such meeting, or at any expectation of being able to pay the same; other, the bankrupt may submit a pro- or that, if a trader, he has, with intent posal to compound with or satisfy his to conceal the true state of his affairs, creditors; and a majority in value of wilfully omitted to keep proper books of the creditors may resolve to supersede account; or, whether a trader or not, further proceedings in bankruptcy. In that his insolvency is attributable to rash such case, the estate may be wound up and hazardous speculation, or unjustias directed by the majority of creditors, fiable extravagance in living; or that and the bankrupt be entitled to apply he has put any of his creditors to unfor his discharge.

necessary expense by frivolous or vexa1469. AN ABSTRACT OF THE BANK- tious defence to any action or suit to RUPT'S STATEMENT OF ACCOUNTS shall recover any debt due from him;

2:10

BREATH MAY BLOW OUT A CANDLE, AN EXTINGUISHER PREVENT A FIRD.

1475. The Court MAY EITHER considerably-perhaps do away with REFUSE AN ORDER OF DISCHARGE; may all chance of success, unless the delay suspend the same from taking effect for could be satisfactorily explained. The such time as the court may think fit; mode of proceeding is by an action at or may grant an order of discharge, law. For this an attorney must be subject to any conditions touching any retained, who will manage the whole salary, pay, emoluments, profits, wages, affair to its termination. The first proearnings, or income which may after- ceeding (the writ, service thereof, &c.) wards become due to the bankrupt, and costs from £2 to £5. The next protouching after-acquired property of the ceeding from a fortnight to a month bankrupt; or may sentence the bankrupt after service of the writ-costs about to be imprisoned for any period of time £5 more. The whole costs, to the vernot exceeding one year from the date of dict of the jury, from £35 to £50, such sentence.

besides the expenses of the lady's wit1476. Arrangements with Cre- nesses. If the verdict be in her favour, ditors.—Bankruptcies may be super- the other side have to pay her costs, seded or annulled by arrangement with the exception of about £10. If with creditors. Every deed or instru- the verdict be against her, the same ment made and entered into between a rule holds good, and she must pay her debtor and his creditors, or a trustee on opponent's costs-probably from £60 their behalf, shall be as valid and to £70. binding on all the creditors as if they 1479. BEFORE LEGAL PROCEEDwere parties to and had duly executed INGS ARE COMMENCED, a letter should the sare, provided the following con- be written to the gentleman, by the ditions be observed:

father or brother of the lady, request1477. A MAJORITY IN NUMBER, ing him to fulfil his engagement. A representing three-fourths in value, of copy of this letter should be kept, and the creditors of such debtor, whose debts it had better be delivered by some shall respectively amount to £10 and person who can prove that he did so, upwards, shall, before or after the exe- and that the copy is correct: he should cution thereof by the debtor, in writing make a memorandum of any remarks assent to or approve of such deed or or conversation. instrument. If a trustee or trustees be 1480. WE GIVE AN EXTRACT OR appointed by such deed or instrument, two from the law authorities: they such trustee or trustees shall execute the will, we have no doubt, be perused by

The execution of such deed or our fair readers with great attention, instrument by the debtor shall be and some satisfaction. A man who attested by an attorney or solicitor. was paying particular attentions to a

1478. Breach of Promise of young girl, was asked by the father of Marriage.--A verbal offer of marriage the latter, after one of his visits, what is sufficient whereon to ground an action his intentions were, and he replied, 'I for breach of promise of marriage. The have pledged my honour to marry the conduct of the suitor, subsequent to the girl in a month after Christmas ;' and breaking off the engagement, would it was held that this declaration to the weigh with the jury in estimating father, who had a right to make the damages. An action may be com- inquiry, and to receive a true and menced although the gentleman is not correct answer, taken in connection married. The length of time which with the visits to the house, and the must elapse before action must be conduct of the young people towards reasonable. A lapse of three years, or each other, was sufficient evidence of a even half that time, without any attempt promise of marriage.” by the gentleman to renew the acquaint- 1481. " THE COMMON LAW does ance, would lessen the damages very not altogether discountenance long

same.

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