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and proceed thereon, according to law; for that you, the said E. F., [state the grievance,] and other wrongs to me did, to my great damage of L. , and against the peace of our lady the now Queen. Dated, &c.
This notice may be given by the attorney, or his agent, beginning, “ as the attorney,” &c., and in every case should be indorsed by the attorney thus, [G. H., of, &c., “ attorney for the within-named"
A. B.] Of action to To A. B. and C. D., officers of her Majesty's Ex. an excise or cise (or Customs.)
se I do hereby, as the attorney (or agent) of and for
E. F., of, &c., according to the form of the statute in such case made and provided, give you notice that I shall, at or soon after the expiration of one calendar month from the time of your being served with this notice, cause a writ of summons, [as in the preceding
notice. From landlord I do hereby give you notice to quit and deliver to quit. up to me, on the
next, or at such other time next after the same, as the current
" If by an attorney or agent, say, “ as the attorney (or agent) of A. B., of, &c., your landlord, &c., to quit and deliver up, on, &c., the possession, &c., which you rent, &c., under him.”
m A tenancy from year to year can be terminated only at the same time of the year as that on which it commenced, and each party is entitled to six calendar months' notice of the intention of the other to determine the tenancy. (See Wright v. Derby, Term Rep. 162, and cases there referred to, and see 2 Camp. 78, and 3 ib. 510.)
A tenancy from year to year is a chattel interest, and vests on the tenant's death in his personal representative, who will be entitled to receive, and bound to give, the same notice as the deceased whom he represents; Doe v. Porter, 3 T. R. 13, and 6 T. R. 298. A parol notice is sufficient, unless the agreement requires it to be in writing, (per Lord Ellenborough, C. J., in Doe v. Crick, 5 Esp. N. P. C., 197 ;) but it is advisable to give a written notice signed, but not attested, 2 Camp. 96.
year of your tenancy may expire, the peaceable possession of all that messuage or tenement, farm, lands, hereditaments, and premises, with the appurtenances, which you now rent of or hold under me, situate in the parish of in the county of Dated this, &c. I do hereby give you notice to quit and deliver up Notice to quit,
where the to me, or to such other person as I shall appoint to receive the same, at the expiration of the current mencement year of your tenancy, which shall expire next after of tenancy is
uncertain.* the end of one half year from and after your being served with this notice, the possession of, &c., which you rent of, or hold under me. Dated, &c.
I do hereby give you notice, and require you to Notice to quit and deliver up, on the day of next, quit, or pay
CAL, double.f * In cases where the commencement of the tenancy cannot Where the be ascertained, the times of payment of the rent will be commenceprima facie evidence of the commencement of the tenancy; ment is un(Doe v. Samuel, 5 Esp. N. P. C. 174; Doe v. Biggs, certain. 2 Taunt. 109; Doe v. Foster, 13 East, 405; Doe v. Wombwell, 2 Camp. N. P., 559; and Thomas v. Thomas, ib. 647.) Where the tenant informs his lessor of the time of the commencement of the tenancy, he will be bound by a notice given by the lessor, according to such statement, although unintentionally wrong; (Doe v. Lambley, 2 Esp. N. P. 635.) When the commencement of the tenancy is not known, a notice requiring the tenant to quit at the expiration of the current year of the tenancy, which shall expire next after the end of half a year from the service of the notice, will be sufficient; (Doe v. Butler, 2 Esp. N. P.589.) But it is advisable, in such a case, not to bring an ejectment before the expiration of a year and a quarter from the ser. vice of the notice, in order to be certain that the year of the tenancy has expired.
† By 4th Geo. II., cap. 28, sec. 1, it is enacted, that if any As to holding tenant for life or years, or other person who shall come into over, after the possession by, from, or under, or by collusion with him, shall
tion of the wilfully hold over any lands after the determination of such term. term, and after demand made, and notice in writing given, for delivering the possession thereof, he shall, for the time that he shall so hold over, pay at the rate of double the yearly value thereof, to be recovered by action of debt in any court
the possession of the messuage or dwelling-house,
I do hereby give you notice, that I shall quit and deliver up to you, or such other person as you may appoint to receive the same, on the day of , which will be in the year of our Lord 18 , being the end of my present year's tenancy, the possession of all that messuage or dwelling-house, with the
of record. It has been decided, that the notice to quit under this act may be given either before or after the determination of the term, but when the notice is given after, the landlord will be entitled to double rent from the time of giving notice only ; (Cutting v. Derby, 2 Blac. Rep. 1075; Cobb v. Stoker, 8 East, 358.)
Notice to quit is a sufficient demand within this act; (Wilkinson v. Colley, 5 Burr. 2694.)
A tenant for a less term than a year was held not within
the statute; (Lloyd v. Rosbee, 2 Čamp. N. P. C. 453.) As to letting When the tenant enters upon different parts of the premises from different at different periods, without any agreement as to the time periods.
when the whole is to be considered as let together, the commencement of the year, with reference to the notice to quit, will be computed from the entry on that part which is considered as the substantial or principal object of the demise; (Doe v. Spence, 6 East, 120; Doe v. Watkins, 7 ib. 551;) and which is a fact for the determination of the jury; (Doe
v. Howard, 11 East, 498.) Terms of * The tenancy, till determined, will subsist as between the holding by assignees and representatives of the landlord and tenant, the repre
upon the same terms as between the original parties to the sentative of lessor or
demise, and governed by the same rules as to determina. lessee.
lands, hereditaments, and premises thereto belonging,
I do hereby give you notice to quit and deliver Notice to up, on or before the
day of next, the quit apart.
ments.* apartments and other tenements you now hold of me in this house. Witness my hand, this day of 18 .
[Witness.] Take notice, that on the day of next, Notice from I shall quit and deliver up the apartments and tene
tenant to ments I now hold of you in this house. Witness my quit aparthand, this day of 18 ..
ments. Whereas, by virtue of a certain indenture of lease, Notice from dated and made between you, the said A. B., of the tenant to one part, and me, the undersigued C. D., of the other his intention part, the messuage and dwelling-house, farm-lands, of quitting, and premises, situate in, &c., now in my occupation, pursuant to
proviso in the were demised and leased to me by you, for a term lease enabling of fourteen years, under the yearly rent of L. him so to do, and in such indenture of lease is contained a proviso at a certain that, &c., [state the proviso giving tenant option to quit and make void the lease, on giving six months' notice, at the end of seven years, or as the case may be.] Now I, the said C. D., under and in pursuance of the power reserved and given to me, in and by the
* The notice required in the case of lodgings depends Notice as to either upon the agreement between the parties, or the parti- lodgings. cular circumstances of the case, as the length of time for which they are taken, &c. If for less than a year certain, any reasonable notice is held to be sufficient; (Wright v. Derby, I Term Rep. 163.) But it is generally understood that a week's notice shall be given, if the apartments are taken by the week; a month's notice, if taken by the month; and a quarter's notice, if taken by the quarter. But if lodgings are taken for a week or month, or any other time certain, no notice at all is expected; Doe v. Hazell, 1 Esp. 94 ; Doe v. Scott, 4 Moore and P. 20; 6 Bing. 362; Wil. son v. Abbot, 3 B. and C. 89.
aforesaid proviso or condition, do hereby give you notice, that it is my intention to avoid the said recited indenture of lease at the end of the first seven years of the said term of years thereby granted, and that I shall, at the expiration of such seven years, quit and deliver up the possession of the said premises accordingly. As witness my hand, this
day of 18 .
I do hereby give you notice, and require you to tenant to re- put in good and tenantable order, and repair all and pair premises. Sinculan the housecond,
singular the houses and premises which you now rent
the parish of A., in the county of S. Notice of ap. This is to give notice to you, and each and every peal against à poor-rate.* of you, that I, the undersigned C. H., an inhabitant
As to tenant's n By the 11th Geo. II., cap. 19, sec. 18, after reciting that not quitting great inconvenience had happened to landlords whose tenants when notice
had power to determine their leases by giving notice to quit given under a power in the the premises, and yet refusing to deliver up the possession lease. when the landlord had agreed with another tenant for the
same; it was enacted, that if any tenant should give notice of his intention to quit the premises at a time mentioned in such notice, and should not accordingly deliver up the possession at the time in such notice contained, he, his executors, or administrators, should from thenceforward pay double rent during all the time he should so continue in possession, to be recovered in like manner as the single rent.
As this statute directs the double rent to be recovered in the same manner as the single rent, the landlord may maintain either debt or assumpsit or distrain; (Timmins v. Raw. linson, 3 Burr. 1603.) This notice need not be in writing,
* By 17th Geo. II., c. 38, if any person shall be aggrieved by any assessment, or shall have any material objection to any person being put in or left out of such assessment, or to the sum charged on any person or persons therein, he may, giving reasonable notice to the churchwardens or overseers, appeal to the next sessions for the county, riding,