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lands, hereditaments, and premises thereto belonging,
next, the quit apart
I do hereby give you notice to quit and deliver Notice to up, on or before the apartments and other tenements you now hold of me
in this house.
Witness my hand, this
Take notice, that on the
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
proviso in the
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 undersigned 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 were demised and leased to me by you, for a term lease enabling of fourteen years, under the yearly rent of L. and in such indenture of lease is contained a proviso 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, 1 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; Wilson v. Abbot, 3 B. and C. 89.
aforesaid proviso or condition, do hereby give you
I do hereby give you notice, and require you to tenant to re- put in good and tenantable order, and repair all and singular the houses and premises which you now rent of, or hold under me, situate, &c., particularly, &c., [stating such place as wants repairing in particulaṛ, as the case may be.] As witness my hand, &c. To the churchwardens and overseers of the poor of the parish of A., in the county of S.
Notice of ap
This is to give notice to you, and each and every a poor-rate.* of you, that I, the undersigned C. H., an inhabitant
As to tenant's
given under a power in the
By the 11th Geo. II., cap. 19, sec. 18, after reciting that not quitting great inconvenience had happened to landlords whose tenants had power to determine their leases by giving notice to quit the premises, and yet refusing to deliver up the possession 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. Rawlinson, 3 Burr. 1603.) This notice need not be in writing, id.
* 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,
and occupier of lands and tenements in the parish of H., in the said county of S., do intend, at the next general quarter sessions of the peace, to be holden in and for the said county of S., to commence and prosecute an appeal against the last assessment or rate made for the relief of the poor of the said parish of A., for that [or say, "the grounds of my appeal are, that," &c.] the assessment or rate made for the relief of the poor of the said parish of A. is partial, unfair, unequal, and unjust, for that you have left out and omitted in the said rate or assessment the names of, &c., inhabitants and occupiers of lands and tenements in the said parish of A., and neglected to charge, rate, and assess them, or any of them, for the several messuages, lands, and premises, in their respective possessions or occupations, in the said parish of A., at the time of making the said rate or assessment, and for some time before. And also
division, corporation, or franchise; but if reasonable notice be not given, then they shall adjourn the appeal to the next quarter session after; provided that in all corporations or franchises not having four justices, the appeal may be to the next general or quarter session for the county, riding, or division, wherein such corporation or franchise is situate. And on appeals from rates the justices shall amend the same in such manner only as shall be necessary for giving relief, without altering such rates with respect to other persons mentioned in the same; but if, upon an appeal from the whole rate, it shall be found necessary to set the same aside, then they shall order a new rate to be made, and they may award reasonable costs on either side. By 41st Geo. III., c. 23, all notices of appeal must be served in writing, and served upon two or more of the churchwardens and overseers, such notice to specify the particular grounds of appeal; and no other ground, unless by consent of the parties, to be gone into.
The appeal lies to the next session after allowance, King v. Atkins, (4 T. R. 12;) for it is no rate till it has been allowed. A notice of appeal, when it is on account of particular persons being omitted, &c., must specify those particular persons by name. (1 Bott. 274.)
Notice of try
upon a pre
sentment of road being
that, in the said rate or assessment, you have greatly underrated A. B., C. D., and E. F., for the several messuages, lands, and premises, in their respective possessions or occupations; and because I am not rated fairly and equally, but more in proportion than the several last-mentioned persons respectively are, or ought to have been rated, in respect of the messuages, lands, and premises, in their respective possessions, within the said parish of A.; and because, &c., are overrated in respect of the messuages, lands, and premises, in their respective possessions, within the said parish of A.: And I do hereby also give you notice to produce, at the hearing of the said appeal, the aforesaid rate or assessment, and to prove the due making, signing, allowance, and publication thereof. As witness my hand, this day of
To A. B. and C. D., Esquires, two of her Majesty's justices of the peace for the county of, &c.
I do hereby give you, and each of you, notice, ing traverse, that the inhabitants of the poor of the parish of C., in the said county of D., do intend, at the next general quarter sessions of the peace, to be holden at the out of repair. shire-hall in, &c., in and for the said county, on, &c., next, to appear, and try their traverse with effect, upon a presentment made by you upon a certain part of the highway leading from T. to M., commencing at the confines of the parish of B., and extending, &c., containing in length, &c., and in breadth, &c., [as in presentment, &c.] Dated, &c. Witness, L. M.
Notice of intention to move by
E. F. Surveyor of the highway of the said parish of C.
To A. B. and C. D., two of her Majesty's justices of the county of, &c.
I do hereby give you, and each of you, notice, that I intend, at the next general quarter sessions of the peace to be held in and for the county of
pair; and no
to move by counsel to set aside or withdraw a pre- counsel, at sentment by you preferred against the inhabitants of sessions, to the parish of M., in the said county of S., commen- presentment cing, &c., which said road hath lately been well and of a road besubstantially repaired. And I do further give you, ing out of reand each of you, notice, that the said road will be tice that same viewed on day of next, at will be viewed o'clock in the forenoon, by two of her Ma- by two jusjesty's justices of the peace, acting in and for the county of who will attend for that purpose,P at the house of, &c., in the parish of said, on the day and at the hour last before mentioned, when and where you may attend, if you
• There must be an affidavit made by one of the witnesses to the notice, to be sworn in court, stating that the deponent did see the justices sign their names to the certificate thereunto annexed, and that the names of them and the witnesses are their proper hand-writing. There should also be an affidavit by one of the surveyors of the highways for the parish, stating that the roads were presented at certain sessions, for not repairing, &c., and that it appears from the accounts of the surveyors of the parish, from the time of preferring the presentment to the present time, that the sum of, &c., [specify the amount] has been laid out and expended in repairing of the road by the inhabitants of the parish, and that the whole under presentment is repaired and amended, and likely to continue so.
P To C. C., Esquire, and other her Majesty's justices of the peace for the county of S., at the general quarter sessions of the peace held at S., in and for the said county, on, &c. We, A. B. and C. D., two of her Majesty's justices of the Certificate by peace in and for the said county of S., do hereby certify magistrates of that we have this day viewed a certain ancient highway, in the parish of M., in the county of S., leading, &c., commen- which has cing, &c., containing, &c., now under presentment as afore- been repaired. said, and that the same is now in good and sufficient repair, and likely so to continue. Witness our hands, this
having viewed a highway