Abbildungen der Seite
PDF
EPUB

LAWS RELATING TO LANDLORDS AND

TENANTA. (Continued from p. 229). Recovery of Rent by Distress. Rent is recoverable by action of debt, at common law; but the general remedy is distress. This remedy is given by various statutes, to recover penalties, and sundry other duties, and is an effectual, speedy, and universal method of recovering rent in arrear.

Distress is the taking of goods and chattels out of the possession of the tenarit, to procure satisfaction for the non-payment of rent. A distress for rent, therefore, must be for rent in arrear, and cannot be made at the day upon which the rent becomes due.

A distress cannot be made by the landord after the rent is tendered to him; and if the rent be tendered whilst the distress is making, or after it be taken, so as the goods are not impounded, the landlord must deliver up the distress.

A distress for rent must not be taken after dark, before sui-rise, nor on Sunday. , Household, and such other goods and effects as are liable to be damaged by the weather, must be se. cured in a covered place ; for if any are injured, they must be made good by the landlord.

The distrainer cannot work or use the thing distrained, but the owner may make profit of it at his pleasure.

Milch kine may, however, be milked by the distrainer, because that may be necessary.

Á landlord could not formerly distrain for rent due upon any lease determined, only during the term ; but since the statute of 8 Anne, c. 14, it is lawful to distrain for six months after the term is expired, if the tenant is still in possession, and the landlord's title remains good.

Distress made by the landlord, should be for the whole of his rent at once, not a part at one time and the remainder at another, if there was at first a sufficiency ; but if he should mistake in the value of the things, and not take enough, he or his

agent may make a second distress, 10 make up the deficiency.

If there be two or more tenements let to one tenant, for different tưrons, and there be arrears on two or more of them, the landlord must distrain for each distinct rent separately.

If a landlord or his agent commits any irregularity or unlawful act, in making distress for rent justly due, the distress itself shall not be deemed unlawful; full satisfaction for the damage received therefrom shall be given to the party injured, with full costs of suit and no more, in an action of trespass, or on the case; if a full recompence be tendered to the tenant for such trespass before the action is commenced, he is bound to accept it, or the action will be laid aside.

If distress and sale is made for rent pretended to be in arrear, and it is proved no rent is in arrear, or due, the person 80 injured may recover, with full costs of suit, double the value of such goods distrained.

A tenant cannot touch goods ima pounded, though they be distrained without a cause ; for they are then in the hands of the law ; but he inay rescue them if not impounded.

Where: any goods shall be distrained for rent, and the goods shall not be replevied within five days from such distress and notice thereof (with the cause of distress left on the premiss) the person distraining may, with the constable of the place, have the goods appraised by two appraisers, sworn by the constable for the purpose, and after such appraisement, may sell then to the best advantage, and take the rent and all expences, leaving the overplus in the hands of the constable, for the owner's use.

A landlord may distrain whatever he finds on the premises, although not the property of his tenant; except it be such things as are for the maintenance and benefit of trade, such as the materials in a weaver's shop, for making cloth, cloth or garments in a tailor's shop; sacks of corn or meal in a mill, &c.

A person cannot distrain one or two horses in a cart, without also taking the cart : and if a man be in the cart, not even these (1 Vent. 86). Nor

bucks, does, rabbits, dogs, nor even bonâ fide sold previous to the seizure feræ naturæ.

to some person unacquainted with the Wearing apparel may be distrained fraud. when not in use.

Any tenant or assistant, removing Nothing can be distrained that goods to prevent a distress, shall pay cannot be restored in as good order as the landlord double the value of the when taken, as victuals, nor any goods, to be recovered by action at thing fixed to a freehold, as furnaces, law. If under the value of fifty coppers, &c. nor yet a workman's pounds, complaint may be made, in tools when in use; nor the goods of a writing, to two neighbouring justices, guest at an inn.

who will enforce payment by distress, A horse bringing goods to market, or commit the offender or offenders gcods brought to market to be sold, to the House of Correction for six goods for exportation on a wharf or months. warehouse, goods in the hands of a

If a person, after the distress is factor, goods delivered to a carrier to made, shall remove the things disbe carried for hire, wool in a neigh

trained, or take them away from the bour's barn, are all goods of a third

person distraining ; the person agperson, and cannot be distrained by a

grieved may sue for the injury, and landlord for rent, though on his pre shall recover treble damages and mises. But goods left at an inn or

costs against the offender. other place, a chariot standing in a coach-house belonging to a livery

A landlord may not break a lock,

or open a gate; but if the outer door stable, though the property of a third

of a house be open, he may break person, or the goods of a lodger or inmate, may be distrained for rent.

the inner ones open. And as a landlord is supposed to give But where goods are fraudulently credit to a visible stock, he may disa

removed, and locked up to prevent train the tools or property of a third

their being seized, the landlord or his person on the premises, when other agent, in a peace-officer's presence, distress cannot be found.

may break open any place where they Money out of a bag cannot be dis

are, and seize them ; but if they are trained, as it cannot be known again ;

in a dwelling-house, oath must first

be made to a justice of the peace, that but money sealed in a bag may

it is suspected the goods are lodged Distraining part of the goods for there. rent in arrear, in the name of the

If a landlord removes goods diswhole goods, will be a good seizure

traived, he must acquaint the tenant of the whole.

in the notice where they are removed Where a landlord means to distrain to; but it is usual to leave them in for rent, it is not necessary to demand the protection of a man on the prehis rent first, though the deed en mises five whole days," after which joins it ; unless the tenart is on the it is lawful to sell them. premises on the day of payment,

(To be continued.) ready to pay it.

Personal notice of a distress is suffi RECOLLECTIONS OF STEPNEY. cient.

Where now stand rows of shops, But if goods are distrained, and no manufactories, and goodly houses; cause given for so doing, the owsier where the wealth of eastern and may rescue them, if not impounded. western Ind daily roll in ponderous If a lessee, or tenant, shall clandes. carriages, to fill the store-houses of tinely remove his goods, to prevent the metropolis, the writer used to the landlord from distraining them for troll his hoop, atween two mua rent, then he, or any person au banks, on either side of which were thorized by him, may, within thirty green fields. After passing Goodman days after such removal, seize the Stile a few yards, the scene opened : goods wherever they shall be found the Half-way House stood midway, and dispose of them, if they are not serving as a guide to the more

tractive Bun-house at Stepney. On "Who Thomas Hughes was, and what the left stood the White Chapel proof exists of this stone being part of Mount: the intermediate fields (jo- Dido's city, I never could learn, or cosely termed the Spice Islands, whether it was intended as a methough by no means scented with the mento of the said Thomas Hughes. perfume of Araby the Blest), Shadwell Stepney church-yard has acquired church, and the rope grounds, with much extraneous celebrity by the the Surrey Hills in the distance, di notice bestowed upon it by the versified the scenery on the right writers of “ The Spectator.” At the The George, or Half-way House, was present day there are few inscriptions a little public, with a trap-ball ground worthy of remark; one or two should, behind, now forming part of Jubilee however, be noticed: on the north-side place, and was then kept by its of the entrance is the following: present landlord, C. Cliffe: a pleasant

“ HERE LIETH THE BODIE path led from this place to Stepney.

OF HONIST ABRAHAM ZOUCH, These fields are all now converted into

OF WAPPIN, ROPE-MAKER, squares, streets, lanes, places, ter

WHO DIED JULY 16, 1648.” races, &c. &c. A regular line of houses now connects the village of This inscription causeth all the ropeStepney to London ; and in a few makers in this neighbourhood to years Stepney church will be as much walk on the other side of the church, in the fields as is St. Martin's or St. none venturing to risk even an ideal Giles's. Stepney was, and is still, a comparison with honest Abraham ; pleasant little village ; its church is a nay, some doubt if epitaphs be at all gothic building, and has the ap times true descriptions of the moral pearance of being built, about the virtues of those whom they comfourteenth century; it underweut memorate, not that it is absolutely a thorough repair about twelve impossible that an honest rope-maker years ago, at which time an em. might once have dwelt in Wapping. battled parapet, that ranged along .Near this spot is a stone monument, the principal part of the building, was in the shape of a coffin ; this of course removed, whereby the architectural has its legend--as, how a certain gencharacter of the church was hy no tleman was entitled to an annual inmeans improred. Before the church come in right of his wife whilst she was repaired, a mechanic used to was above ground; and that he might climb up the church-wall, and deposit still continue to enjoy it after she was his spare earnings in a hole at a con dead, he caused her to be placed in siderable height, and challenge others this stone coffin, and thus secured to venture up to his bank ; when he both wite and income. On the outside required to draw on his store, he of the east wall is a tablet, with some mounted with much celerity, and verses quoted by “ The Spectator ;" happily escaped breaking his neck: but they strike me as an unworthy it is needless to remark, that in re- imitation of Ben Jonson's elegant pairing the walls, the workmen stopt epitaph on the Countess of Pembroke. his bank.

This tablet is surmounted with the In the porch of this church there arms of the Elton family, in which a is a stone attached to the wall with fish is impaled, and in the dexterthe following inscription :

chief-point an annulet or ring: this “ Of Carthage wall I was a stone

occurrence has induced some persons O mortals read with pity;

to suppose that the lady here interred Time consumes all-it spareth none

was the heroine of the well-known

ballad of “ The Cruelle Knighte, or Man, mountain, town, or city.

Fortunate Farmer's Daughter,” a Therefore, O mortals ! now bethink

Yorkshire story, very curious, very You whereunto you must,

pathetic, and of course very true. Since now such stately buildings

Hard by is the following, which Lie buried in the dust.

although not original, is more quaint Thomas Hughes, 1663.” than common :

* This world's a Citie, full of crooked from the tombs, and converted to streets;

base and unworthy purposes. A story Death is the market-place, where all attaches to a half-destroyed tomb must meet.

here, which, with other Recollections, If life was merchandize that money must form the subject of a future buy,

communication. The rich would live the poor alone would die.”

CHEAP METHOD OF COVERING ROOTS, Here are plenty such originals as,

EQUAL TO SLATE. “Affliction sore long time I bore.” “Remember me as you pass by."

Slake a quantity of lime in tar, in "A loving husband and a parent which dir sheets of the largest and dear"

thickest brown paper; lay them on in

the manuer of slating; they will form with all the et cæteras of faithful a durable covering, and will effectually friends, sincere christians, loving wives, resist the weather for years: this is and dutiful children. What a heap an invaluable composition, and well of virtues lie buried here! But how calculated for rural economy, in very thick they are upon Quality Hill! covering barns, outhouses, and other To those who are not acquainted with buildings, easily effected, and at little the economy ofthis church-yard, it may cost. be necessary to inform them that there is a part so called; it is raised ground, and chiefly occupied by persons who

THE ROAD TO RICHES. were of some consequence in this “Citie, full of crooked streets ;' and “ Stretch your arm no farther than many prepared vaults, to be inhabited your sleeve will reach," because, in due season. A pleasant walk, by climbing step after step, the ladshaded with lime-trees, leads from der is ascended ;" whereas," he who the western entrance towards Lime would be rich in one year, is generally house, not inaptly termed Lover's hanged in six months !” and, on the Walk, on the left side of which, there other hand, “ a wise man aims at is an inscription that is certainly the nothing beyond his reach." These most deserving of record of any in being axioms of acknowledged authe church-yard. It is from the pen thenticity, ought to be strictly adof Mr. Fitch, the proprietor of a large hered to ; at the same time teaching school in the neighbourhood; the you to “be humble in your choice, tomb is erected to the memory of a and moderate in your desires ;" recolgentleman who died at the age of lecting, as Pope says, that thirty-two, and his infant son :“ Reckless of time, and worth, and

“ Honour and shame from no condi.

tion rise;

Act well your part-there all the hou Aleridian strength and infant bloom,

nour lies." Death snatches from our fond em

And lest by soaring too far above And plunges in the darksome tomb.

your capacity or circumstances, you Affliction o'er the sacred shrine

meet your ruin like the ambitious Indulges oft her deep-drawn sighs;

tortoise, in the Fables of Æsop, who But soothing Hope, with voice divine,

peticioned two wild ducks to carry Whispers of realms beyond the

him up into the air, that he might see skies."

foreign countries, when, opening his

mouth to express his surprise at what This church-yard has been shamefully he beheld, he lost his hold, and falling aespoiled: not only the walks round down, was dashed to pieces on the the church, but the yards and kitchens ground; and thus his vanity proved of the neighbouring houses have been the means of his destruction. paved with grave-stones plundered Supposing now, that you have fixed

place,

brace,

your mind, and settled in some useful not their property;" for “no man calling, I would recommend you to can account that his own which he ** stick fast by whatsoever situation never paid for ;” and besides, “ credi.

you are placed in;" for, as the proverb tors have better memories than : says, “a rolling stone gathers, no debtors, and are a superstitious race, moss,” and “ one bird in the hand is great observers of set days and times;" worth two in the bush ;' meaning by for in all commercial transactions, this, “ you are sure of the place you " credit is punctuality, and punctuapossess, but you are not certain of lity is wealth,” and “ the word of a getting another, or even so good a merchant is his bond;" and again, one if you once leave it;" besides, “ he who pays by the shilling, keeps “ credit lost, or character lost, is like his own house and other men's also;" * broken glass,” when once broken not and “he who pays his debts, begins

to be mended; which proves the old to make a stock;" for," he who pays * saying, “get a bad name, and go hang well is master of every body's purse; * yourself;" whereas, on the other and it is really a true saying, “ he is 'hand, get a good name, and you a rich man who owes nothing;" and 'may lie in bed till noon.”

· again, as Pope says, * The way to obtain a good name, « An honest man 's the noblest work

the value of which is so evidently set forth above, is by constant application

of God.” to business, and to “ refrain from

(To be continued.) * vices of all descriptions ;" foremost on the list of which stand “ drinking

KNIGHTS OF THE COMB.. and gaming, the pernicious effects of In the year 1756, Signior Florenwhich are always felt by those who tini and Monsieur St. Laurent, two indulge in them; beware of these as rival frizeurs, lived in the city of you respect your reputation, and avoid Dublin, and practised, for some them as certain ruin," being detri years, with pretty equal success and mental to all kinds of business, be reputation. The Frenchman, howcause a man in that situation can do

ever, by his talent at agreeable satire, nothing; and you must remember, with which he entertained every lady “ if you would have your business under his hands, at the expense of her well done, do it yourself, if not, make absent acquaintance (during the time your servant do it for you ;" and of his operation) had mavifestly atagain, “ he that would have a thing tained a great ascendant over the done quickly and well, must do it Italian. This induced Florentini to himself;" for as “ diligence is the make a bold effort to raise his own remother of good luck," so “misfortune putation, and ruin his rival, whose is the darling daughter of idleness ;" great character he envied, and whom and again, “ do you keep your shop, he wished to destroy. He therefore and your shop will keep you ;” and availed himself of the first opportu. " always be found in your business if nity of sending to the Dublin Univeryou would keep your customers ;"

sal Advertiser the following notice, also, “ love your business, and be not

which gave rise to a spirited controin haste to leave it when your pre versy on the part of the French Knight sence does not appear to be longer

of the Cornb, who wished to establish pecessary :” for, i he who does a for himself the motto of his illustrious thing himself, hath a mind to have it

countryman, Bayard-Sans peur et done ; but he who sends another, sans reproche. cares little about it." These things I would wish you to

Advertisement. notice the more particularly, as, “ from Signior Florentini haring taken carelessness proceedeth bankruptcy into consideration the many inconveand loss of credit;" because it is but niences which attend the method of just to conclude“ people will not hair-dressing formerly used by himtrust their goods to those whom they self, and still practised by M. St. see syuander them away, and regard

Laurent, humbly proposes to the

« ZurückWeiter »