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[mortgagor,] of of the one part, and me, the
undersigned (mortgagee,] of the other part, the mes.
snage 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

(Signed) [Mortgagee.]
To Mr (Tenant.)
From receiver
in mortgage-

I hereby give you notice, that by indenture of redeed to ten. lease, bearing date the

last, 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:7 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

(Signed) [Receiver.] To Mr (Tenant.)

I hereby give you notice, that by indenture of under-lease, bearing date on or about the day of

made between [mortgagor] of the one part, me, the undersigned (mortgagee,] of the other part, the several messuages and pieces of ground si

From second to first mortgag ee.

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to recover

a tenement under Ist and

day of

tuate in

now in mortgage to you, were demised to me by the said [mortgagor] for the residue of the term of ninety-nine years, for which he holds the same, except the last day of the said term, for securing the sum of L. and interest. As witness my hand, this day of To Mr

[Second Mortgagee.] I, A. B., (owner, or agent to the owner,] *of applica

tion to justices 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 [as the case may be,] under a tenancy from year 2a Vict., cap. to year, (or as the case may be,] which expired, or 74. was determined by notice from the said , [or otherwise as the case may be,] on the

', 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,

at of the clock of the same day 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

Το Mr (Signed) [Owner or Agent.]

To E. F., Esq., one of her Majesty's justices of of action to a the

justice.
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,

shall on

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Ante, 175.

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 Exan excise or cise (or Customs.) custom-house

I do hereby, as the attorney (or agent) of and for officer.

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 them

day of

next, or at such other time next after the same, as the current

66

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 rests 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.

where the time of commencement

uncertain.*

certain.

year of your tenancy may expire, the peaceable
possession of all that messuage or tenement, farm,
lands, hereditaments, and premises, with the appur-
tenances, 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, 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. Daled, &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

double.t * 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.

† 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

determination of the term.

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 bold 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

Notice from tenant to landlord of intention to quit.

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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.). 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, upon the same terms as between the original parties to the demise, and governed by the same rules as to determination.

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the representative of lessor or lessee.

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