during the said term, unto the said A. B. or his assigns,
the rent of one pepper-corn, if lawfully demanded, at the
feast of
Provided always, and

upon this condition, that if the said A. B. shall at any
time or times hereafter tender or cause to be tendered to
the said E. F. his executors or administrators the sum of
6d. that then and in such case, and from thenceforth,
this present indenture shall be void, and of none effect
(any thing herein contained to the contrary in any wise
notwithstanding). In witness whereof the parties hereto
have interchangeably set their hands and seals the day
and year first above written. (a)

Sealed and delivered as the act and deed of the above
named A. B. by C. D. of
in the county
of
hosier, by virtue of a letter of attor-
ney to him for that purpose made by the said A.
B. bearing date the

day of

instant, being first duly stampt in the presence of,

&c.

If no Letter of Attorney be made.

lease

If there be no letter of attorney made, then the owner if no letter of of the land must go upon it, before the essoign day of the attorney, how term, and there seal and deliver a lease to a friend of to seal the his as tenant, and at the same time deliver him possession of the premises. This being done, get another person (a friend) to go upon the premises, and turn out the tenant by thrusting him off the premises, and afterwards let such ejector remain on the premises, and whilst he continues there, serve him with a declaration in ejectment, in which make the tenant or lessee the plaintiff, the landlord the lessor, and the actual ejector the defendant, and declare on the demise in the lease, and write a notice at the foot of the declaration, to appear and plead as hereafter.

The declaration is the same as others, only instead of Declaratiori John Doe and Richard Roe, the plaintiff and defendant are, in this case, the real persons; as for instance, E. F. the lessee of the premises, will be plaintiff, and G. H. the defendant; A. B. will be the lessor of the plaintiff; and instead of the common notice at the end, put this:

Take notice, that unless you appear to this declaration, Notice to ap in his Majesty's court of King's Bench, at Westminster, pear.

(a) A person executing a deed for his principal under a power of attorney, should sign it in the same of the principal. 6 Term Rep. 176.

If in town,
say,
"first
day of,"

Affidavit.

next Michaelmas term, at the suit of the above named plaintiff, E. F. and plead thereto, judgment will be thereon entered against you by default. Yours, &c. G. H.

After service make the following affidavit of executing the letter of attorney, of sealing the lease, and the ouster by the defendant:

In the King's Bench.

day of

E. F. on the demise of A. B. plaintiff.

and

G. H. defendant.

J. K. of, &c. gentleman, maketh oath, and saith, That he was present and did see C. D. in the letter of attorney hereto annexed, duly sign, seal, and deliver the said letter of attorney and this deponent further saith, that on the last past, he this deponent, did see the said C. D. in the letter of attorney hereto annexed, named, for and in the name of A. B. the lessor of the plantiff, enter upon and take possession of the messuage (a) in the lease hereto also annexed, mentioned, by entering on the threshold of the outer door thereof, and putting his finger into the key-hole of the door of the said messuage, the same being locked up and uninhabited, so that no other entry thereon could be made, nor any pos session thereof taken, without force. And this deponent further saith, That he did, on the same day, see the above-named C. D. after such entry made, and whilst be stood on the threshold of the said door, duly sign and seal the lease hereunto annexed, in the name of the said A. B. and as his act and deed deliver the same unto the said E. F. the plaintiff above-named; and that after the said lease was so executed, this deponent did see the said E. F. take possession thereof by virtue of the said lease, by entering upon the threshold of the said outer door of the said messuage, and putting his finger into the keyhole of the said door, (the same being then locked and uninhabited,) so that no other entry could be made thereon (save as aforesaid), and that immediately afterwards the said G. H. the defendant, came and removed the said E. F. from the said door, and put his foot on the threshold thereof; whereupon this deponent did, on the day and year aforesaid, deliver to the said defendant G. H. who still continued upon the threshold of the said messuage,

(a) If there be more houses than one, then you must go to each house, and seal and deliver the lease.

a true copy of the declaration of ejectment, and notice thereunder written hereto annexed.

After this is sworn endorse it, "to move for judg- Moving for "ment against the casual ejector ;" and unless the defen- judginent. dant appears and enters into the common rule, sign judgment, as on a common ejectment, counsel 10s. 6d. to move, rule for judgment 7s.

In cases of a vacant possession, no person claiming No person can title will be let in to defend, but he that can first seal a be made a defendant. lease, must obtain possession, Bull. 96. Rarn. 177; and no defence can be made by the defendant who is the real ejector, and the other persons claiming a title were refused a rule to be admitted to defend. Ibid. Ex parte Beauchamp and another.

Of Notice to quit previous to Ejectment.

Where the tenant holds the premises of the lessor of When notice the plaintiff, it is sometimes necessary to give him notice to quit requisite, and when to quit possession, in order to maintain an ejectment. not. Here we may observe, that demises, where no certain term is mentioned, are held to be tenancies from year to year, which neither party can determine, without reasonable notice to the other. This notice is, in most counties, six months preceding that part of the year when the tenancy commenced: and therefore it hath been holden, that half a year's notice to quit possession, must be given to such tenant, before the end of which time the landlord cannot maintain an ejectment, (unless the tenant has attorned to some other person, or done some act disclaiming to hold as tenant, in which case no notice is necessary.) And the same law will apply to the executor of When no such a tenant, 3 Wils. 25. But after the expiration of a notice is release for a certain term, the tenant continuing in posses- quisite. sion is deemed a trespasser: and therefore an ejectment, which is an action of trespass, may be brought without any notice to quit.

On a motion for a new trial in ejectment, the case What is a turned on the sufficiency of the notice to quit, which-good notice. was as follows: "I desire you to quit the possession, at "Lady day next, &c. or I shall insist upon double rent for "the same." Verdict for plaintiff. Lord Mansfield. If the words had been or else that you agree to pay double "rent," the ejectment could not have been supported; but here the landlord does not offer a new bargain, the additional words only prove the landlord's anxiety to get into

66

U u

If a demise be

for one year and no longer.

Where an agreement is for the life of A. and a

power for his son to have it,

he must elect in a reasonable time.

Landlord may

enter at the end of the term.

If remainderman accepts

rent.

Acceptance of rent due be

fore expiration

of notice to quit.

possession. The notice clearly means to refer to the statute, although the penalty given by the statute is not double rent, but double the yearly value, which is more favourable to landlords; for double rent would be no penalty on the expiration of some leases. It is an emphatical way of enforcing the notice, and shewing the tenant that he is in earnest, by informing him of the legal consequence, if he held over. Doe v. Jackson and others, Dougl. Rep. 167.

A demise for one year, and no longer, a notice to quit is not necessary at the end of the year to put an end to the tenancy. But a demand of possession is necessary in order to entitle the plaintiff to double the rent-or value. The demand need not be made for that purpose on or before the expiration of the term, but may be made afterwards. Cobb v. Stokes, 8 East, 361.

(a) If a tenant holds under an agreement for a lease, at a yearly rent, whereby it is stipulated, that the agreement shall continue for the life of the lessor, and that a clause shall be inserted in the lease, given the lessor's son power to take the house for himself, when he comes of age, the son must make his election in a reasonable time, after he comes of age. 2 Term Rep. 436. Doe v. Smith. The delay of a year is unreasonable, and the tenant cannot be ejected upon half a year's notice to quit, served after such a delay, ibid. If he had elected in a week or a fortnight, it would have been reasonable.

The landlord has a right to enter on the expiration of the term, though if he do it with a strong hand to dispossess the tenant by force, he may be indicted. 7 Term Rep. 431.

If the remainder man accept rent, as rent, after the death of the tenant for life, it is an admission that the defendant is his tenant, and the tenant is entitled to notice to quit. Doe v. Watts, 6 Term Rep. 83.

If a notice be given to quit on a certain day, and afterwards an acceptance of rent accrued due before the expiration of such notice, the notice remains good. 1 Term Rep. 161, in n. But if the landlord receive rent due after

(a) If there be a lease for a year, and by consent of both parties the tenant continues in possession afterwards, the law implies a tacit release of the contract. Right v. Darby, 1 Term Rep, 162.

the expiration of such notice, it is a waiver. 6 Term Rep.

219.

rent.

If a landlord give notice to his tenant to quit at the ex- When double piration of the lease, and the tenant hold over, he is entitled to double rent. Messenger v. Armstrong, 1 Term Rep. 53, and a second notice delivered to the tenant after the expiration of such notice, to quit, on a subsequent day, or to pay double rent, is no waiver of such first notice, or of the double rent, which has accrued under it. Ibid.

A tenant from year to year, before a mortgage or Tenant before a mortgrant of the reversion, is entitled to six months notice to quit, before the end of the year from the mortgagee or gage. grantee. 1 Term Rep. 380. Birch v. Wright.

By the custom of London, if the premises are above Custom of the yearly rent of 40s. half a year's notice must be given London. to quit; if under 40s. a quarter's notice. 2 Sid. 20.

be made at the

trial.

Defendant held from Michaelmas, and he was served Insufficiency with notice to quit at Midsummer; but when he receiv- of notice may ed this notice, he made no objection that it required him to quit at that period of the year, but merely said, "I pay rent enough already, and it is hard to use me "thus." Verdict for plaintiff. Motion to set it aside: Court were of opinion, that the defendant had not waived the objection, and made rule absolute to enter a nonsuit, as the verdict was taken with liberty to move to set it aside and enter a nonsuit, Oakapple dem. Green v. Copous, 4 Term Rep. 361.

of three to

If a man makes a will, and appoints three executors, Notice by two notice to quit a leasehold property by two out of the executors out three is bad, although the notice stated as given on behalf whom the of themselves and the third executor, and his joining in the land was deejectment, is not evidence, of his original assent, to bind vised, bad. the tenant by the notice. This was on a lease for 21 years, determinable at the end of the first seven or fourteen years, at the option of landlord or tenant by giving six months previous notice. Right demise Fisher v. Cuthell, 5 East, 491. See Cro. Eliz. 803.

No distinction between

There is no distinction between houses and lands as to houses and the time of giving notice to quit. 1 Term Rep. 162.

lands.

If there be a

A notice delivered at Michaelmas 1795, to quit at Lady- mistake in the day which will be in the year 1795, is good notice to quit year. at Lady-day 1796. 7 Term Rep. 63. Doe v. Knightly. Lessor seized in fee of the premises in question.

U u 2

When there

On

must be half a

year's notice to quit.