Forms of Notices to quit Poffeffion of the Premiffes,

SIR,

Repair, &c.

[They need not be stamped.]

Notice by the Landlord to his Tenant.

Hereby give you notice to quit the premiffes which you hold of me fituate at

in the county of

Your's, &c.

on or

[the date.]

ToI. K. [the tenant in poffeffion.]

A. B. [the landlord.]

Another Form, more particularly defcribing the Premiffes.

SIR,

You YOU are hereby required to quit poffeffion of the premiffes which you hold of me, namely, a meffuage and garden with the appurtenances, [defcribing the premiffes fituate in the parish of in the county of now occupied by you or your under-tenant [as the cafe is]. Dated this day of

To C. E. [the tenant.]

SIR,

1802.

B. E. [the landlord] or C. F. agent for B. E. legally authorized.

A third Form.

I hereby give you notice to deliver up poffeffion to G. H. of the meffuage or tenement with its appurtenances, which you rent of me, in

county of

Dated this

I hereby give you notice to quit and deliver up on or before

next, the rooms or apartments, and other tenements which you now hold of me in this houfe [as the cafe is]. Witness my hand, this day of in the year E. F. [the landlord.]

To E. N. [the lodger.]

Notice to the Tenant either to quit the Premiffes, or pay double

SIR,

Rent.

notice toquit and yield up, on or before

I Hereby give you next, poffeffion of the meffuage,

of

and county of

with its appurtenances, lands, tenements, and hereditaments which you now hold of me, fituate at in the parish in failure whereof I fhall require and infift upon double the value of the faid premiffes, according to the ftatute in fuch cafe made and provided. Dated this

To A. B. [tenant.]·

day of

E. N. [landlord.]

Italy givit

Hereby give you notice that on

I fhall quit poffeffion of the meffuage or tenement, and premiffes which I now hold of you, fituate at

in

the parish of

in the county of

Dated this

day of

To T. E. [landlord.]

SIR,

Notice by the Tenant to quit Lodgings.

HIS you notice that on

day of

This is to give it and deliver up poffeffion of the rooms

or apartments and other tenements which I now hold of you in this house.

OU are hereby required to put in good and tenantable repair, all and fingular the meffuage or tenement and premiffes which you now hold of me, fituate at, &c. Particularly the fervant's hall in the faid meffuage or tenement, and the tilting or roof at the northern end thereof [as the cafe may be].

Witnefs my hand, this

To E. N. [tenant.]

SIR,

THI

day of

P. L. [landlord.]

Notice to Tenant to pay Rent.

HIS is to warn you that unless you pay, or caufe to be paid unto me, on or before the

day of
a year's rent
due

due on the

day of

for the meffuage or

renement and premiffes which you now hold of me, at the
yearly rent of
fituated, &c. I fhall claim and in.
fift upon fuch forfeiture thereof, as I may be by law entitled

to.

Witness my hand

X. Y. [la ndlord.]

563

To I. K. [tenant.]

How to make a Diftrefs for Rent-arrear, and of the

THE

Sale of the fame.

HE landlord himself, or any other perfon, as his bailiff, by an authority from him in writing, may make the diftrefs. The warrant or authority may be in the following form. "To Mr. A. B., my bailiff, greeting. Written autho "Diftrain the goods and chattels of C. D. (the tenant), in rity to diftrain. "the house he now dwells in (or on the premiffes in his poffeffion), fituate in in the county of

66

for

pounds, being one year's rent, due to me for the "fame at Christmas day laft, and for your fo doing, this "fhall be your fufficient warrant and authority. Dated "the day of 1795.

J. S."

Being legally authorized to diftrain, you enter on the How to make premifles, and make a feizure of the diftrefs. If it be made diftrefs. in a house, feize a chair or other piece of furniture, and

fay, "I feize this chair, in the name of all the goods in

66

this houfe, for the fum of

66

rent, due to me (or to 7. S. the landlord) at Christmas pounds, being one year's "day laft, by virtue of an authority from the faid J. S. for "that purpofe (provided you diftrain as bailiff)."

Then take an inventory of fo many goods as you judge will be fufficient to cover the rent diftrained for, and allo the charges of the diftrefs. Make a copy thereof, as follows:

"An inventory of the feveral goods and chattels diftrained The inventory.
day of in the year of our
in the houfes, out-houfes, and lands (as the
in the county of

"Lord

by

"cafe is) of C. D. fituate in
"the authority and on the behalf of 7. S. (provided you
"diftrain as bailiff) for the sum of

one year's rent due to me, or to the faid 7. S. (as the "cafe is) at Christmas day laft.

"In the dwelling-houfe, two tables, two chairs, &c. "In the barn, fix hurdles, and so on."

At the bottom of the inventory, fubfcribe the following notice to the tenant:

The notice to the tenant.

How ferved.

Of removing the goods.

"Mr. C. D.

"Take notice, that I have this day diftrained (or that as "bailiff to 7. S. your landlord, I have this day diftrained) "on the premiffes above mentioned, the feveral goods and "chattels fpecified in the above inventory, for the fum "of pounds, being one year's rent due to me (or to "the faid J. S.) at Christmas day laft, for the faid premiffes; "and that unless you pay the faid rent, with the charges of "diftraining for the fame, within five days from the date "hereof, the faid goods and chattels will be appraised and "fold according to law. Given under my hand, the day of in the year of our Lord

"W. T."

A true copy of the above inventory and notice muft either be given to the tenant him felf, or left at his houfe, or if there be no house, on the most notorious place on the premiffes. And it is proper to have a perfon with you when you make the diftrefs, and alfo when you ferve the inventory and notice, to examine the fame, and to atteft the regularity of the proceedings.

The goods may be removed immediately, and in the notice the tenant may be acquainted where they are removed; but it is now moft ufual to put a man into poffeffion, and let them remain on the premiffes till you are entitled by law to fell them, which is on the fixth day inclufive, after the When they may diftrefs made, i. e. goods diftrained on the Saturday, may be removed and fold on the Thurfday afternoon, following. Wallace v. King and another, 1 H. Bl. 13.

be fuld.

How, if further

If the tenant require further time for the payment of the time required. rent, and the landlord chufes to allow it, it is beft to take a memorandum in writing from the tenant; "That he does "confent that he fhould continue in poffeffion of his goods "and chattels in his houfe, (or upon the premiffes) for fuch "a time longer, you having agreed not to fell them for that "time, and that he will pay the expences of keeping pof"feffion." This memorandum prevents the landlord from being deemed a trefpaffer, which, after the expiration of five days, he otherwife would be, and might have an action of trefpafs brought against him for staying longer upon the premiffes.

Agreement for that purpofc.

How to fearch

་་

If there is no allowance of, or agreement for further time, for replevin and fearch at the expiration of the five days at the fheriff's proceed to fale. office to fee if the goods have been replevied; if not, and the rent and charges still remain unpaid, fend for a confta

By the common law a diftrefs was merely a pledge, and could not be fold but to protect landlords in the recovery of their rent, the ftatute 2 W. & M. c. 5. f. 2. authorizes the fale of goods diftrained for rent, after five days from the making of the diftiefs, ble

ble* and two fworn appraisers, who having viewed the goods, the former muft administer to the latter the following oath:

"You, and each of you, fhall well and truly appraise the Appraifers oath, goods and chattels mentioned in this inventory (holding

it in his hand), according to the belt of your judgment.

"So help you God."

Then indorfe on the inventory the following

"Memorandum; that on the

year of our Lord'

day of

in the Memorandum

A. B. of, &c. and C. D. of, &c. thereof. "two fworn appraifers, were fworn upon the Holy Evangelifts, by me J. K. of, &c. conftable, well and truly to appraise the goods and chastels mentioned in this inven"tory, according to the beft of their judgment,

"Prefent at the time "of fwearing the said "A. B. and C. D. as "above, and witness "thereto,

"L. M.

"0. P."

"As witnefs my hand,

7. K. Conftable."

After the appraisers have valued the goods, continue the indorsement on the inventory as follows:

66

"We, the above named A. B. and C. D. being fworn upon the Holy Evangelifts, by J. K. the conftable above "named, well and truly to appraise the goods and chattels "mentioned in this inventory, according to the beft of our judgment; and, having viewed the faid goods and chat"tels, do appraise the fame at the fum of "pounds. As witnefs our hands the in the year of our Lord

A. B.

day of

C. D. Sworn Appraifers.”

}

Appraisement,

When the goods are thus valued, it is ufual for the ap- How difpofed praifers to buy them at their own valuation, and a receipt of at the bottom of the inventory, witneffed by the conftable, is ufually held a difcharge. But if the distress be of confiderable value, it is much more adviseable to have a proper bargain and fale between the landlord, the conftable, the appraifer, and the purchafer.

The goods being difpofed of, deduct the rent in arrear, and all reasonable charges attending the diftrefs, and return the overplus (if any) to the tenant.

If the produce is not fufficient to cover the demand, you may diftrain again.

It should be a conftable of the hundred, parish or place where fuch diftrefs was taken, and not one out of the diftri&t. Wallace v. King, 1 H. Blac, 14.