« PreviousContinue »
expire with the tenancy if that is yearly. A landlord cannot stop a tenant removing his goods from the house before the quarter has expired, because the rent is not due until the quarter is up; but a landlord can legally dispose of goods taken under a distress for rent by appraisement, without putting them up to auction; and a landlord may take possession of the goods of his tenant's lodger which have been taken away while under distress for rent; or may maintain an action for pound breach. If a landlord neglects to repair the premises,
The following examples will sufficiently explain according to his covenant, the tenant may our meaning:— maintain an action against him; but such neg"Treason does never prosper,-what's the lect does not absolve the tenant from the payment of rent. An under-tenant, who has left the premises in arrear of rent, must pay the same to his immediate landlord. A landlord in an action of ejectment, need not prove his title; it is quite sufficient to produce the counter-parts of the lease: the misnomer of a defendant may be pleaded in abatement.
170-The Duties of Executors. A. T. W.-On referring to the last edition of the "Cabinet Lawyer," we find these duties given as follows: "The first thing to be done is to bury the deceased, in a manner suitable to his rank in life, and the estate he has left behind him. In strictness, no funeral expenses are allowed against a creditor,-except for his coffin, tolling the bell, parson, clerk, and bearers' fees; but not for the pall or ornaments. But, if there are assets sufficient, the allowance is regulated by the rank and property of the deceased. The next duty of the executor is to prove the will, which is done upon oath, before the ordinary or his surrogate; or, in a more solemn form, with the additional oath of one or two witnesses, in case the validity of the will be disputed. This must be done within six months after the death of the testator, under a penalty of £50 (37 G. III., c. 90) After proving the will, the original must be deposited in the registry of the ordinary, and a copy is made upon parchment, under the seal of the ordinary, and delivered to the executor or administrator, together with a certificate of its having been so proved before him; this is called the probate. After obtaining the probate, an inventory must be made of all the goods and chattels, whether in possession or action of the deceased; which, if required, must be delivered to the ordinary, upon oath, in the presence of two credible witnesses,—and to which, if so delivered, no creditor is at liberty to object. For the other questions to which you require answers, we must refer you to a legal practitioner, as alone capable of judging correctly in such difficult matters.
167-Epigrams. M. R-The word epigram is derived from the Greek word Epigramma, which signifies an inscription. Epigrams are short poems, or pieces, written in verse upon one subject. In fact,
"An epigram should be,—if right,
Short, simple, pointed, keen, and bright:
Like wasp, with taper body, bound
By lines-not many-neat and round,
All ending in a sting.”
Why, when it prospers, none dare call it treason."
"To rob the public two contractors come,
168-The Credit System. J. N.-It is a bad plan to run long bills; the system is one of the worst we know; indeed, those who adopt it, cannot have any system of housekeeping; because they must pay a higher price for the articles consumed, and never know the extent of their liabilities. There are many evils attending this method of housekeeping; for example, errors in the tradespeoples' accounts are not easily discovered. Servants have opportunities afforded them of becoming dishonest, or exercising their pilfering propensities; and you are almost obliged to deal with the same persons. Not that we advocate the system of running about from shop to shop to get cheap goods, nor do we think it desirable always to purchase everything at the same shops without inquiring the prices of articles of other dealers. We should recommend you to select a respectable tradesman, to have the bills sent with every parcel, to weigh the various articles when they arrive, and compare them with the bill, and to call the next day at the shop and settle for the goods, or else settle every week. If you deal thus, we have no doubt that the tradespeople, finding you are a certain customer, will treat you well, and that you will not have any further complaints to make.
169-Tenancy. S. W.-You were in error with regard to your first question, because a yearly tenant must take care that he gives notice to quit his premises half a year before the time of the expiration of the current year of his tenancy. If by agreement a quarter's notice is to be sufficient, such notice must also