From receiver in mortgagedeed to tenant. From second to first mortgagee. [mortgagor,] of , of the one part, and me, the undersigned [mortgagee,] of the other part, the messuage in your occupation was conveyed by the said [mortgagor] to me, my heirs and assigns for ever, by way of mortgage for securing L.500 and interest, and the same is now absolutely vested in me by virtue of the same indentures. And I require you to pay to me all arrears of rent now due, and the rent hereafter to become due in respect of the said premises. As witness my hand, this 18 To Mr day of (Signed) , [Mortgagee.] (Tenant.) I hereby give you notice, that by indenture of release, bearing date the last, day of made between [mortgagor,] of , of the first part, [mortgagee,] of , of the second part, and me, the undersigned, [receiver,] of the third part, and the indenture of lease whereon the same was grounded, the messuage and piece of ground situate in the parish of in the county of in your occupation, were, with other hereditaments, conveyed and assured by the said [mortgagor] into and to the use of the said [mortgagee,] his heirs and assigns for ever, [for securing the sum of L. and interest:] and by the same indenture, full power and authority was given to me as the agent and receiver of the said [mortgagee,] to receive the rents thereof, and to give effectual discharges for the same. And I accordingly require you to pay me the rent now due, and hereafter to become due, from you in respect of the said premises accordingly. As witness my hand, this day of To Mr (Signed) (Tenant.) [Receiver.] day I hereby give you notice, that by indenture of under-lease, bearing date on or about the of , made between [mortgagor] of the one part, me, the undersigned [mortgagee,] of the other part, the several messuages and pieces of ground si tuate in To Mr day of I, A. B., [owner, or agent to the owner,] *Of applica tion to justices to recover hereby give you notice, that unless peaceable possession of the tenement [shortly describing it] situate possession of which was held of me, or of the said a tenement under 1st and [as the case may be,] under a tenancy from year 2d Vict., cap. to year, [or as the case may be,] which expired, or 74. was determined by notice from the said otherwise as the case may be,] on the , [or day of ", and which tenement is now held over and detained from the said be given to [the owner or agent,] on or before the expiration of seven clear days from the service of this notice, I, next, the day of shall on of the clock of the same day at at , apply to her Majesty's justices of the peace acting for the district of [being the district division or place in which the said tenement, or any part thereof, is situate,] in petty sessions assembled, to issue their warrant, directing the constables of the said district to enter and take possession of the said tenement, and to eject any persons therefrom. Dated this the To Mr (Signed) [Owner or Agent.] To E. F., Esq., one of her Majesty's justices of of action to a in and for the county of S. peace I, A. B., of, &c., do hereby, according to the form of the statute in such case made and provided, give you notice that I shall, by my attorney, Mr C. D., of, &c., 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 to be sued out of her Majesty's court of, &c., against you at my suit, * Ante, 175. justice. Of action to an excise or custom-house officer. From landlord to quit. 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.] To A. B. and C. D., officers of her Majesty's Excise (or Customs.) 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.] day of I do hereby1 give you notice to quit and deliver up to me, on them 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." mA 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 Notice to quit, where the time of com mencement uncertain.* I do hereby give you notice to quit and deliver up to me, or to such other person as I shall appoint to receive the same, at the expiration of the current year of your tenancy, which shall expire next after of tenancy is 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 next, double.t day of quit, or pay certain. * 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, 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 service of the notice, in order to be certain that the year of the tenancy has expired. determina tion of the term. † 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 wilfully hold over any lands after the determination of such 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 Notice from tenant to landlord of intention to quit.* As to letting the possession of the messuage or dwelling-house, farm-lands, hereditaments, and premises, with the appurtenances, situate in the several parishes of, &c., which you now rent of, or hold under me; and in default thereof, I do hereby give you notice that you are to pay to me double the yearly value of the said messuage or dwelling-house, farm-lands, hereditaments, and premises, from the said day of so long as you continue to hold over the same, according to the form of the statute in that case made and provided. Dated, &c. 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 Camp. N. P. C. 453.) 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 holding by the representative of lessor or lessee. * The tenancy, till determined, will subsist as between the assignees and representatives of the landlord and tenant, upon the same terms as between the original parties to the demise, and governed by the same rules as to determination. |