Chapter XVII: Part 17

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,

ii. Father;--if none, mother, and brothers and sisters, and their
children (but not their grandchildren);

iii. His grandfathers and grandmothers;--if none,

iv. His uncles and aunts;--if none,

v. His cousins, and great-nephews and nieces.

1586. Further Details on Intestacy.

If the Deceased leave a Widow, but no child or children, one half of
his personal estate will fall to his widow, and the other half will be
divisible among the next of kin. The father of an intestate without
children is entitled to one half of his estate, if he leave a widow,
and to the whole if he leave no widow. When the nearest of kin are the
mother and the brothers and sisters, the personal estate is divisible
in equal portions, one of which will belong to the mother, and one to
each of the brothers and sisters; and if there be children of a
deceased brother or sister, an equal portion is divisible among each
family of children.

1587. Valid Wills (1).

Wills, to be Valid, can only be made by persons at or above the age of
twenty-one, and in a sound state of mind at the time of making the
last will and testament; not attainted of treason; nor a felon; nor an
outlaw. As regards the power of married women to make wills, a married
woman may make a will, disposing, as she may think fit, of all
property to which she is entitled for her separate use.

1588. Valid Wills (2).

No will is valid unless it is in writing, signed at the foot or end
thereof by the testator, or by some other person in his presence and
by his direction. And such signature must be made or acknowledged by
the testator, in the presence of two or more witnesses, all of whom
must be present at the same time, and such witnesses must attest and
subscribe the will in the presence and with the knowledge of the
testator.

1589. Irrevocable.

A Will or Codicil once made cannot be altered or revoked, unless
through a similar formal process to that under which it was made; or
by some other writing declaring an intention to revoke the same, and
executed in the manner in which an original will is required to be
executed; or by the burning, tearing, or otherwise destroying the same
by the testator, or by some person in his presence and by his
direction with the intention of revoking the same.

1590. Loses Effect.

No Will or Codicil, or any part of either, that has once been revoked
by any or all of these acts, can be revived again, unless it be
executed in the manner that a fresh will or codicil is required to be.

1591. Alterations.

Alterations in Wills or Codicils require the signature of the testator
and of two witnesses to be made upon the margin, or upon some other
part of the will, opposite or neat to the alteration.

1592. Revoked by Marriage.

Every Will is revoked by the subsequent marriage of the testator or
testatrix, except a will made in the exercise of a power of
appointment, when the property appointed thereby would not, in default
of appointment, pass to the heir, executor, or administrator, or next
of kin of the testator or testatrix.

1593. Basic Requirements.

There being no Stamp Duty, or tax, on a will itself, it should be
written on plain parchment or paper. Nor is it necessary, though
always advisable where means are sufficient, to employ a professional
adviser to draw up and complete the execution of a will.

1594. Identifying a Illegitimate Child.

If it be intended to give a legacy to an illegitimate child, the
testator must not class him with the lawful children, or designate him
simply as the child of his reputed parent, whether father or mother,
but must describe the child by name as the reputed child of----or
----, so as to leave no doubt of identity.

1595. Paraphernalia.

Wearing apparel, jewels, &c., belonging to a wife are considered in
law her "paraphernalia;" and though liable for the husband's debts
while living, cannot be willed away from her by her husband, unless he
wills to her other things in lieu thereof, expressing such intention
and desire in the will.

The wife may then make her choice whether she will accept the
substituted gift, or remain possessed of what the law declares her
entitled to.

[HALF A LOAF IS BETTER THAN NO BREAD.]

1596. Property of Different Kinds.

Where property is considerable, and of different kinds,--or even where
inconsiderable, if of different kinds, and to be disposed of to
married or other persons, or for the benefit of children, for
charities, or trusts of any description, it is absolutely necessary
and proper that a qualified legal adviser should superintend the
execution of the will.

1597. Executors.

When a person has resolved upon making a will, he should select from
among his friends persons of trust to become his executors, and should
obtain their consent to act. And it is advisable that a duplicate copy
of the will should be entrusted to the executor or executors. Or he
should otherwise deposit a copy of his will, or the original will, in
the office provided by the Probate Division of the High Court for the
safe custody of wills.

1598. Simple Form of Will.

This is the last will and testament of J----B----, of No. 3, King's
Road, Chelsea. I hereby give, devise, and bequeath to my wife, Mary
B----, her heirs, executors, and administrators, for her and their
own use and benefit, absolutely and for ever, all my estate and
effects, both real and personal, whatsoever and wheresoever, and of
what nature and quality soever; and I hereby appoint her, the said
Mary B----, sole executrix of this my will. In witness whereof I
have hereunto set my hand this----day of----, one thousand eight
hundred and----.

JOHN B----.

Signed by the said John B----in the presence of us, present at the
same time, who, in his presence, and in the presence of each other,
attest and subscribe our names as witnesses hereto.

JOHN WILLIAMS, 15, Oxford Street, Westminster.

HENRY JONES, 19, Regent Street, Westminster.

1599. Other Forms of Wills.

Other forms of wills give particular legacies to adults, or to
infants, with direction for application of interest during minority;
to infants, to be paid at twenty-one without interest; specific
legacies of government stock; general legacies of ditto; specific
legacies of leasehold property or household property; immediate or
deferred annuities; to daughters or sons for life, and after them
their children; legacies with directions for the application of the
money; bequests to wife, with conditions as to future marriage; define
the powers of trustees, provide for and direct the payment of debts,
&c. All these more complicated forms of wills require the
superintendence of a professional adviser.

1600. Crossing Cheques.

If cheques have two parallel lines drawn across them, with or without
the addition of the words _"& Co.,"_ they will only be paid to a
banker.

1601. Banker's Name across Cheque.

If, in addition, the name of any particular banker be written across
the cheque, it will only be paid to that banker or his agent.

1602. Effect of Words "Not Negotiable" on Cheque.

If the words "Not Negotiable" be written across a cheque, the lawful
holder of the cheque is not prevented thereby from negotiating it. The
effect of these words is to prevent any person receiving a cheque so
marked from acquiring a better title to it than the person had from
whom he received it. If, therefore, such a cheque has been stolen, the
thief cannot, by passing it away for value, vest in the person so
acquiring it a good title.

1603. Repayment of Money, etc., borrowed when under Age.

An infant, or person under twenty-one years of age, is not liable to
repay money borrowed by him, nor to pay for goods supplied to him,
unless they be necessaries.

1604. Acceptance of Liability.

Even if a person after coming of age promise to pay debts contracted
during infancy, he is not liable, whether the promise be made in
writing or not.

[WILFUL WASTE MAKES WOEFUL WANT.]

1605. Limitation of Recovery of Land or Real Estate.

A person becoming entitled to any land or real estate, must bring an
action to recover it within _twelve_ years from the time when his
right accrued, otherwise his claim will be barred by the "Statute of
Limitations."

1606. Recovery of Damages by Workmen from Employer.

By the "Employers' Liability Act," 1880, a workman may recover from
his employer damages for personal injuries sustained by him in the
course of his employment, if the accident happen through any one of
the following causes:

i. A defect in the way, works, machinery, or plant used in the
employer's business, and which defect the employer negligently
allows to remain unremedied.

ii. The negligence of some superintendent or overlooker in the
service of the employer.

iii. The negligence of the foreman or other person in the service of
the employer, whose orders or directions the workman was bound to
obey and did obey.

iv. The act or omission of any person in the service of the employer
done or made in obedience to the rules, bye-laws, or instructions
of the employer.

v. The negligence of any person in the service of the employer who
has the charge or control of any signal, points, locomotive engine,
or train upon a railway.

1607. Amount Recoverable.

The largest sum which a workman can recover in any of the above cases
is limited to the amount of the average earnings for _three_ years of
a person in his situation.

1608. Notice to Employer.

Notice in writing of the injury must be given to the employer, or sent
by registered post, giving the name and address of the person injured,
the date of the accident, and stating in ordinary language the cause
of the injury.

1609. Actions for Compensation to be brought in County Court.

All actions for compensation under the above Act must be brought in
the County Court, and commenced within six months of the accident, or,
in case the workman die and the action is brought by his
representatives, then within _twelve_ months from his death.

1610. Bills of Sale.

The "Bills of Sale Act," which came into operation on November 1,
1882, effects several noteworthy changes of the utmost importance. It
repeals part of the Act of 1878, which repealed the Act of 1854.

1611. What the term "Bill of Sale" includes.

The term "bill of sale" is made to include, in addition to those
assignments of personal property which were within its meaning under
the Act of 1854, "inventories of goods with receipt thereto attached;
and receipts for purchase-moneys of goods," where the goods remain in
the possession of the seller, and also an agreement to give a bill of
sale.

1612. What the term "Personal Chattels" includes.

The term "personal chattels" has also a wider meaning than under the
old law, as it includes fixtures and growing crops when separately
assigned, and trade machinery when assigned, together with an interest
in land so as to require registration.

1613. Chief Provisions of the Act.

All bills of sale made or given in consideration of any sum under £30
are void. No bill of sale executed after the Act shall be any
protection to the goods comprised therein against distress for poor
and other parochial rates.

1614. Instruments giving Powers of Distress.

Certain instruments giving powers of distress are also to be
registered under the Act to be of any validity against the trustees in
bankruptcy or execution creditors.

1615. Registration of Bill of Sale.

Every bill of sale must be registered within _seven_ days of its
making, instead of within _twenty-one_ days as under the old law; and
provision is made to prevent the evasion of the Act of 1878 by means
of renewed bills of sale in respect of the same debt--a practice much
resorted to up to the passing of that Act in order to avoid
registration.

[WISE PEOPLE ARE THE MOST MODEST.]

1616. Renewal of Registration.

Registration of unsatisfied bills of sale must he renewed every _five_
years.

1617. Voidance of Bill of Sale.