# Mrs. Beeton's Book of Household Management/Chapter LXXIV

LEGAL MEMORANDA
CHAPTER LXXIV
ANIMALS; BANKING; BIRTHS, registration of; DEATHS, registration of; ELECTRICITY, supply of; FENCES; FIRE; FIRE INSURANCE; GAS; HIRE PURCHASE AGREEMENTS; HOUSE AGENTS; HUSBAND, lability of, for debts contracted by wife; INCOME TAX; INFECTIOUS DISEASES; INHABITED HOUSE DUTY; JURY, persons liable to, or exempt from, service on; LANDLORD AND TENANT; LAND TAX; LICENCES; LODGERS; MARRIAGE; MARRIED WOMEN; MASTER AND SERVANT; NUISANCES; PRESCRIPTION; PURCHASE OF HOUSE, loan by Local, Authority for purpose of; RATES; SANITARY REQUIREMENTS; STAMPING OF DOCUMENTS; TRESPASS; VACCINATION; WATER RATE; WILLS.
There are certain matters of a legal nature with which most—men and women, too—must necessarily be concerned at some time or another in the ordinary course of domestic life; and it is with a view to affording some assistance in dealing with such matters that the present chapter is appended, though in the limited space available it is not possible to do more than state the general principles which are applicable. The subjects referred to in the following index will be found in one or other of the articles enumerated above.
Ancient Lights—See Prescription Armorial Bearings—See Licences Ashpits, Requirements as to—See Sanitary Requirements, pp. 1994. 1995 Assignment of Premises—Landlord and Tenant, Effect of—See p. 1967 Covenant against—See p. 1961 Carriages—See Licences Character of Servant—See Master and Servant,, p.1976 Cheques—See Banking Chimney on Fire—See Fire Cisterns—See Sanitary Requirements, pp. 1993, 1995 Cock-Crowing—See Nuisances, pp. 1984, 1987 Distress—Landlord and Tenant and how leviable—See p. 1963 Effect of, on right to re-enter for breach of covenant—See p. 1962 Dogs—See Animals, Licences, and Nuisances, pp. 1984, 1986, 1987 Drains, Liabillity of tenant with regard to, under covenant to pay "Assessments," etc.—See p. 1959 Implied condition as to, in letting furnished houses—See p. 1958 Requirements of local authorities with regard to—See pp. 1993, 1995 Fixtures—See Landlord and Tenant, p. 1966
Forfeiture of Lease on Breach of Covenant—See Landlord and Tenant, p. 1962
Holding Ownerof Premises by Tenant after Notice Given—See p. 1965 Lease—See Landlord and Tenant Libel—See Character of Servant, p. 1980
Light and Air, right to—See Prescription
Male Servants—See Licences
Manure—See Nusiances, p. 1985; and Sanitary Requirements, p. 1994
Motor Car—See Licences
Noises—See Nusiances, pp. 1983, 1984, 1987 Notice to Quit—See Landlord and Tenant, p. 1965
"Not Negotiable," Effect of, when written on cheque—See Banking, p. 1936
Overhanging Trees—See Nuisances, pp. 1981, 1983
Possession of Premises, how recoverable—See Landlord and Tenant, p. 1965
Quiet Enjoyment, Covenant by landlord with regard to—See Landlord and Tenant p. 1961 Rates and Taxes, Covenants in leases with regard to—See Landlord and Tenant, p. 1959 Receipts, Creditor's obligation with regard to—See Stamping of Documents, p. 1999
Refuse, Removal of—See Sanitary Requirements, pp. 1994, 1996 Rent,—See Landlord and Tenant, pp. 1959, 1962
Repairs, Covenants in leases with regard to—See Landlord and Tenant, p. 1960 Roadway, Cost of paving, etc., liability of tenant in respect to—See Landlord and Tenant, p. 1959 Sanitary Authorities—See Infectious Diseases, Notification of, p. 1954
Slander—See Character of Servant, p. 1980
Smells—See Nusiances
Smoking of Chimney caused by building of adjoining house—See pp. 1961, 1988
Street Cries—See Nuisances, p. 1987
Street Music, within the Metropolitan Police District—See Nuisances, p. 1987
Taxes— See Income Tax, Inhabited House Duty, Land Tax, and Licences
Tithes, Payment of—See p. 1960
Liability of, to be rated—See. 1990
Under-Letting,—Effect of—See p. 1967
Covenant with regard to—See p. 1961
View, Obstruction of—See Prescription
Wages—See Master and Servant
Water Closets, Requirements with regard to—See Sanitary Requirements, pp. 1993, 1995
Water Supply, Requirements with regard to—See Sanitary Requirements, pp. 1992, 1994
Wife, Authority of, to pledge husband's credit—See Husband
​ANIMALS
1.Wild Animals.—A person who merely prevents the destruction of game on his land and thus enables it to increase and multiply, is under no liability, although his neighbour's crops may suffer in consequence. But if game be imported by him and the land is thus overstocked he will be responsible for such injury, as in any other case where he makes what is called a "non-natural use" of his property. Where a person imports any species of wild animal which is not ordinarily regarded as being of a harmless nature, he must keep it at his peril, and if it escapes he will be liable for the consequences.
2. Domesticated Animals.—In the case of domesticated animals the owner's liability is limited to the natural consequences of their escape; for instance, if his cattle stray he will be responsible for the grass they eat or trample on. In considering the question as to what may be the natural consequences of their escape, regard must be had to their natural habits. Thus it is the recognized habit of horses to kick one another, and of bulls to gore other animals; and for such consequences the owner will be liable. But it is not supposed to be the general habit of horses or bulls, respectively, to kick or gore human beings, nor of dogs to attack mankind; and for that reason the owner is not responsible if they in fact do so, unless either he or his servant in charge of the animal knew that it had previously done so, or attempted to. Even in the case of a dog it would not be sufficient to show that it had bitten other animals.
Injury to cattle or sheep caused by dog.—To the general rule with regard to dogs an exception has been made by a statute which provides that the owner shall be liable for any injury done by it to cattle or sheep, and that it shall not, in such cases, be necessary for the person whose cattle, etc., have been injured to show a previous mischievous propensity in the dog, or the owner's knowledge of it, or that the injury was attributable to neglect on the part of the owner. "Cattle" includes a horse, whether in harness or otherwise. The occupier of the premises where the dog is kept or permitted to remain at the time of the injury will be deemed to be the owner of the dog unless he prove that he was not, and that it was kept, etc., without his sanction or knowledge. The above liability extends even in respect to cattle or sheep trespassing on land belonging to the owner of the dog.
Fierce or Dangerous Dogs.—Although a person may keep a fierce dog to protect his property, he is not entitled to place it in the open approaches to his house so as to injure persons lawfully coming there. If a dangerous dog is not kept under control a magistrate may, upon complaint to him, order it to be kept under control, or to be destroyed. As to the penalty which may be payable for allowing a ferocious dog unmuzzled to be at large or for setting a dog to attack any person or animal, see Nuisances, p. 1986. Upon complaint that a dog has bitten or attempted to bite any person within the Metropolis a magistrate may order it to be destroyed.
Mad dogs.—See Nuisances, p. 1986.
Stray dogs.—Where all reasonable steps have been taken to get rid of a stray dog which has come on the premises the occupier will not be liable for the injury it may do. The general provision is that a constable may seize any dog that he has reason to suppose to be savage or dangerous, straying in any public place and not under the control of any person, and may detain it until the owner has claimed it and paid all the expenses incurred in its detention. If the owner is known, he must be informed of the fact that the dog has been seized. After three clear days, where the owner is not known, or five clear days where he is known, the dog may be sold or destroyed, unless previously claimed and the expenses paid.
​Within the Metropolis the police have power to seize any stray dog and deal with it as above. Moreover, the time within which it may be sold or destroyed if not reclaimed is, in all cases, limited to three days, and notice is only required to be sent to the owner if his name and address appear on the dog's collar.
Muzzling orders may be made by the Board of Agriculture or by the local authority. As the result of an order issued by the Board of Agriculture and the regulations made thereunder by the London County Council, no dog within the area under the control of the latter authority is allowed to be in any public place unmuzzled unless it is under the control of some person and wearing a collar upon which the name and address of the owner is legibly inscribed. And if found at large contrary to these regulations the dog may be seized by the police and destroyed at the end of three days, if not previously claimed, or if it be diseased, it may be destroyed forthwith. In neither case is any notice to the owner required to be given.
The importation of dogs from abroad, except from Ireland, the Channel Islands and the Isle of Man, is prohibited unless a licence has been obtained from the Board of Agriculture; for which application should be made to 4, Whitehall Place, London.
Trespass by animals.—It is very doubtful if the owner is liable for any damage done by a dog or a cat while trespassing, as for instance by disturbing or killing game, unless it be shown that he knew that the animal had a mischievous propensity to do that which is complained of.
Killing of animals while trespassing.—Unlawfully and maliciously killing or wounding a dog or other animal kept for domestic purposes is a criminal offence. But the killing or wounding of such animal will be justifiable if not done maliciously but in the bonâ fide belief that it was necessary for the protection of person or property, and that it was the only way in which it could be protected.
Poisoning animals.—Placing poisoned meat for the purpose of destroying animals is also a criminal offence, except it be to destroy animals such as rats or other small vermin, either in a building or in the garden or drains attached to it. In the case of a drain, it must be so protected as to prevent any dog from entering it.
Advertising for stolen or lost dogs, etc.—If in a public advertisement offering a reward for the return of a dog or other property which has been stolen or lost, there are any words purporting that "no question will be asked," the person who issued the advertisement, and the printer or publisher of it will be liable to forfeit the sum of £50 to any person who sues for it.
BANKING
Cheques, General Provisions with Regard to.—A cheque may be drawn on any form or description of paper, but must comply with the following requirements:
1. Must sufficiently indicate who is the banker requested to pay it, and where it is to be presented for payment.
2. Must state the sum to be paid. This should, but need not necessarily, be stated in words as well as figures. If it be expressed in both ways and there is a discrepancy between the two, the amount payable will be that which is expressed in words.
3. Must be payable on demand, either to, or to the order of, a specified person or to bearer.
A cheque payable, when endorsed with the name of the person to whose order it was drawn, becomes payable to bearer. The endorsement in such cases is said to be "in blank," as distinguished from a special endorsement to some other person or his order. Where a cheque has been endorsed in blank ​the holder of it, if desirous of avoiding the risk of losing the cheque, which has thus become payable to bearer, may convert the blank endorsement into a special endorsement by writing above the endorser's signature a direction to pay the cheque to, or to the order of, himself or some other person.
4. The name of the person drawing the cheque must appear upon it. A cheque is invariably signed by the drawer, but it will be sufficient if his name be written on any part of it, thus a cheque drawn " I, A.B., desire you to pay, etc.," would be valid.
Date of cheque.—A cheque is not invalid by reason of it not being dated, and may be ante-dated or post-dated, or dated on a Sunday. Alteration of the date will invalidate a cheque unless made with the assent of the drawer; and if made with such assent, the cheque will require to be re-stamped as being a new document.
Cheque Payable to Order, Forged Endorsement of.—Where a cheque is payable to order and the banker on whom it is drawn pays it in good faith and in the ordinary course of business he cannot be called upon to make good the loss should the endorsement of the name of the person to whose order it was payable prove to have been forged. If, however, any other person gives cash for a cheque so endorsed he will not be able to enforce payment of it, and should he in fact have obtained payment of it, he will be liable to refund the money to the true owner.
Cheques Payable to Bearer, Negotiation of.—Inasmuch as the title to, as well as the property in, a cheque payable to bearer is capable of being transferred by mere delivery, its payment can be enforced by any person who becomes the holder of it in due course, i.e., a person who takes it before it is overdue, in good faith and for value, and without any notice at the time of any defect in the title of the person from whom it was received. If, therefore, a cheque payable to bearer be lost or stolen, and the person who finds it, or stole it, as the case may be, succeeds in getting some one to give him cash for it, the latter, if he acted under the circumstances mentioned (and any other holder deriving his title to the cheque through him) will be able to enforce payment of it.
Crossed Cheques.—A cheque may be crossed either by writing on the face of it the words "and company" (or any abbrevation thereof), between two parallel lines, or by drawing such parallel lines simply. In such case the cheque is said to be crossed generally, but if the name of a banker be added it is crossed specially. If a cheque be issued uncrossed the holder may cross it; or if it be crossed generally he may cross it specially.
If a banker pays a cheque which is crossed generally otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to whom it is crossed, he will be liable to the true owner of it for any loss he may have sustained in consequence.
Cheques Marked "Not Negotiable."—The one way in which the drawer or holder of a cheque can protect himself is by writing on the face of it the words "not negotiable"; but whether a cheque other than a crossed cheque can be so dealt with is doubtful. The effect of marking a cheque "not negotiable" is that no person who takes it can have, or be capable of giving, a better title to it than that possessed by the person from whom he took it. Though some doubt has been expressed on the point, there does not appear to be any absolute necessity to use the actual words "not negotiable," and any other words clearly indicating such intention,—as, for instance, "Pay A. B. only"—will, it seems, be sufficient. But a mere mention of the account which is to be credited for instance, if the cheque be crossed "Account of X., National Bank"—would not be sufficient.
Presentment of Cheque for Payment. A cheque should be presented for ​payment within a reasonable time, otherwise the banker will be justified in declining to pay it until he has made inquiries. What is a reasonable time depends on custom and the facts of the particular case. A person who takes a cheque after it has been in circulation for an unreasonable time, takes it subject to any defect there may be in the title to it.
Failure, however, to present a cheque within a reasonable time (so long as it be presented within six years) does not deprive the holder of his remedy against the person who drew it, unless the latter has been actually prejudiced by the delay, as, for instance, by the failure of the bank in the interval. Under such circumstances the drawer is discharged from his liability, and the holder of the cheque is left to recover what he can from the bank.
A Banker's Authority to pay a Cheque is determined by—(i) Countermand of payment; (2) notice of the customer's death; (3) bankruptcy of the customer.
Dishonoured Cheques.—If a banker refuses to pay a cheque duly signed by a customer who, at the time, has sufficient funds at the bank to meet it, he will be liable in an action for damages by the customer,unless he succeeds in showing that such funds had not been paid in for a reasonable time before the cheque was presented. The banker will not, however, be liable to the holder of the cheque.
Where there is an insufficient amount to meet the cheque, the banker is not entitled to state the amount of the deficit, and so enable the person presenting it to pay in the difference and thus obtain payment to the prejudice of other creditors.
Forged Cheques, etc.—A banker is presumed to know his customer's hand-writing, and consequently if he pays a forged cheque he is, under ordinary circumstances, bound to refund the amount to the customer. Similarly, if the sum payable on a cheque be fraudulently altered so as to increase the amount, and the banker pays the larger sum, the general rule is that he can only charge the customer with the amount for which the cheque was actually drawn. Where, however, a customer signed certain cheques in blank and left them to his wife to fill in, who, in turn, employed his clerk to fill in one of them for £50, and he proceeded to do so in such a way as to enable him to subsequently increase the amount to £350, and appropriate the money, held that the loss must be borne by the customer.
Lost Cheques.—Where a cheque is lost before it is overdue, the person who was the holder of it may apply to the drawer to give him another, giving security to the drawer if required, to indemnify him against all persons in case the cheque should be found; and the drawer may be compelled to give it.
Payment by Cheque.—As a cheque is not money, and therefore not legal tender, a creditor may always object to it as payment. And even if he accepts it as payment, its acceptance does not put an end to the debt unless and until the cheque is cashed; in other words, it only suspends the creditor's remedy until the cheque is presented, and if not then paid, the debt may be treated as still existing.
The production of a cheque drawn by a debtor in favour of his creditor and paid by the banker is not, in itself, sufficient evidence of payment. It must also be shown that the cheque passed through the creditor's hands. For this reason it is desirable to pay a creditor by a cheque to order, and thus obtain his endorsement.
BIRTHS
Information to be given of Birth within Six Weeks. In the case of every child born alive in England or Wales it is the duty—
(1) Of the father and mother, and in their default,
(2) Of the occupier of the house in which, to his knowledge, the child is ​born, and of each person present at the birth, and of the person having charge of the child, to give to the registrar, within six weeks after the birth, information of the particulars required to be registered concerning such birth, and to sign the register. Upon a written request the registrar may register the birth at the residence of the person making the request, or at the house at which the birth took place; but in such cases the registrar will, unless the birth took place in a public institution, be entitled to a fee of 1s. Under ordinary circumstances no fee is chargeable.
Registration after Six Weeks, but before Three Months.—If owing to the default of the parents or other persons required to give information concerning it, a birth has not been duly registered, the registrar may, at any time after the six weeks but within three months of the birth, by notice in writing, require any of the persons whose duty it was to give information to attend personally at his office, or some place appointed by him within his sub-district, within a specified time (not less than seven days after the receipt of the notice and not more than three months from the date of the birth), and there discharge his duty with regard to giving the information required.
Registration after Three Months.—After the expiration of three months and not later than a year from the birth, registration can only be effected under the following conditions: The registrar must, by notice in writing, require some of the persons whose duty it was to give information concerning the birth to attend personally at the district register office, at such time as may be specified (not less than seven days after receipt of the notice and not more than twelve months from the date of the birth), and there make before the superintendent registrar a solemn declaration according to the best of the declarant's knowledge and belief of the particulars required to be registered, and sign the register. If the persons responsible thus attend before a registrar and superintendent registrar, whether in pursuance of a requisition or not, and comply with the above requirements, the birth will be registered. For registration under such circumstances a fee of 5s. is payable.
Registration after Twelve Months.—After twelve months a birth cannot be registered except with the written authority of the Registrar-General, and in accordance with special rules. A fee of 10s. is also payable.
Certificate of Registration.—The registrar must, upon demand made at the time of registering a birth by the person giving the information concerning it, and upon payment of a fee not exceeding 3d., give such person a certificate of having registered the birth.
Removal of Person by whom Information required to be given.—Every person required to give information concerning a birth who removes into the sub-district of another registrar before registration has been effected, continues responsible for such registration, but may effect it within three months by making and signing in the presence of the registrar of the sub-district in which he resides a declaration in writing of the particulars required, which must be accompanied by a fee of 2s. 6d.
Alteration of Name after Registration.—If the name by which a child has been registered be subsequently changed, the necessary alteration of the register may be obtained within twelve months after registration by delivering to the registrar or superintendent registrar a certificate to that effect, signed by the minister or other person who baptized the child, or if it was not baptized, by the father, mother, guardian or other person procuring the alteration of the name. A fee of 1s. is also payable. Every minister or person who performs the rite of baptism must, if required, give the certificate referred to, on payment of a fee not exceeding 1s.
Correction of Errors.—An error of fact in the register may, on payment of a fee of 2s. 6d., be corrected in the same way as an error in the registration of a death as to which see p. 1940.
​Penalties.—The penalty for not giving information, or not complying with the registrar's requisition, or making a false statement, as the case may be, is the same as that provided with reference to the registration of deaths, for which, see following page.
DEATHS, Registration of
Information required to be given where Death occurs in a House.—Where a person dies in any house in England or Wales, it is the duty
* Of the nearest relativesof the deceased present at his death, or in attendance during his last illness; and in default of such relatives,
* Of every other relative of the deceased dwelling or being in the same sub-districtas the deceased; and in default of such relatives,
* Of each person present at the death, and of the occupier of the house in which, to his knowledge, the death took place; and in default of the persons above mentioned,
* Of each inmate of such house, and of the person causing the body of the deceased to be buried:— to give, to the best of his knowledge and belief, to the registrar of deaths, within five days after the death, information of the particulars required to be registered and to sign the register.
Where the deceased has been attended during his last illness by a registered medical practitioner, such medical practitioner must sign and deliver to one of the persons required to give information concerning the death, a certificate stating, to the best of his knowledge and belief, the cause of death, which certificate must be delivered to the registrar by such person on giving information concerning the death.
If a person required to give information concerning the death sends to the registrar a written notice of the occurrence of the death, accompanied by a medical certificate as to its cause, the information of the particulars required may be given within fourteen (instead of five) days after the date of death, by the person giving such notice or by some other of the persons required to give the information.
Upon a written request the registrar may register the death at the residence of the person making such request, or at the house where the deceased died; but in such cases the registrar will, unless the death took place in a public institution, be entitled to a fee of 1s. For registration under ordinary circumstances no fee is chargeable.
Information to be given where Person dies, or is found dead, elsewhere than in a House.—Where a person dies in a place which is not a house, or a dead body is found elsewhere than in a house, it is the duty—
* Of every relative of such deceased person having knowledge of any of the particulars required to be registered concerning the death; and in default of such relative,
* Of every person present at the death, and of any person finding, and of any person taking charge of, the body, and of the person causing it to be buried; to give to the registrar, within five days after the death or the finding of the body, such information of the particulars as he possesses.
Procedure where Persons responsible fail to give Information.—If owing to the default of the persons required to give information a death has not been registered, the registrar may, at any time after fourteen days and within ​twelve months from the date of such death, or from the finding of the dead body elsewhere than in a house, by notice in writing, require any person whose duty it was to give information to appear, in person, before him within a specified time (not less than seven days after the receipt of the notice), and discharge the duty imposed upon him.
Restrictions on Registration after Twelve Months from the Date of Death.—After the expiration of twelve months from the date of death, or the finding of a dead body elsewhere than in a dwelling-house, such death cannot be registered except with the written authority of the Registrar-General, and in accordance with special rules. For registration under such circumstances a fee of 10s. is payable.
Correction of Errors.—An error of fact in the register may be corrected on payment of a fee of 2s. 6d., and upon production to the registrar of a statutory declaration, setting forth the nature of the error and the true facts of the case, and made by two persons required to give information concerning the death, or in default of such persons by two credible persons having knowledge of the case.
Burial of Still-born Children.—A person must not wilfully bury, or procure to be buried, the body of any deceased child as if it were still-born. A still-born child must not be buried in any burial ground unless there be delivered to the person burying it, either
(a) A written certificate that such child was not born alive, signed by a registered medical practitioner who was in attendance at the birth or has examined the body of the child; or
(b) A declaration signed by some person who, if the child had been born alive, would have been required to give information concerning its birth, to the effect that no registered medical practitioner was present at the birth, or that his certificate cannot be obtained, and that the child was not born alive; or
(c) If there has been an inquest, an order of the coroner.
Any person acting in contravention of the above provisions is liable to a penalty not exceeding £10.
Penalty for not giving Information or not complying with the Registrar's Requisitions.—A person who is required to give information concerning a death in the first instance, and not merely in default of some other person, will, if such information as is required is not duly given, be liable to a penalty not exceeding 40s. Every person who refuses or fails without reasonable excuse to give or send any certificate in accordance with his duty, and every person required to give any information concerning any death or any dead body who wilfully refuses to answer any question put to him by the registrar relating to the particulars required to be registered, or fails to comply with any requisition of the registrar in pursuance of his duties, will be liable to a similar penalty.
Penalty for False Statements, etc.—A person who commits any of the following offences—
* Wilfully makes a false answer to any question put to him by the registrar relating to the particulars required to be registered, or wilfully gives him false information concerning any death or the cause of death;
* Wilfully makes any false certificate or declaration, or forges or falsifies any certificate, etc., or knowing such certificate, etc., to be false uses the same as true;
* Wilfully makes, gives, or uses, any false statement or representation as to a child born alive having been still-born;
* Makes any false statement with intent to have it entered in any register; will for each offence be liable on summary conviction to a penalty not exceeding £10, and on conviction on indictment to fine or to penal servitude for a term not exceeding seven years.
​ELECTRICITY, Supply of
Electricity may be supplied either under a licence or provisional order from the Board of Trade or under a special Act, but, except in so far as such licence, order or special Act otherwise provide, the supply of electricity is governed by the following provisions:—
Where in any district electricity is provided for private purposes, every person in such district is entitled, on application, to a supply on the same terms as those on which any other person therein is entitled under similar circumstances to a corresponding supply.
In making agreements for a supply, the company must not show any undue preference to any person; but otherwise they may make such charges as may be agreed upon, not exceeding the limits of price imposed by their licence, order, or special Act.
The company are not entitled to prescribe any special form of lamp or burner, but no one may use any form of lamp which unduly or improperly interferes with the supply of electricity to others.
Any officer appointed by the company may at all reasonable times enter any premises to which electricity is supplied for the purpose of inspecting the meters, fittings, etc., and of ascertaining the quantity of electricity consumed.
Penalties payable under Certain Circumstances.—Any person who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes or uses any electricity will be guilty of simple larceny and punishable accordingly.
The penalties imposed for injuring any pipe, meter, or fittings of a gas company, or altering or tampering with a gas meter, or abstracting, wasting or misusing gas (as to which see p. 1944), apply equally in cases where electricity is supplied, with the substitution of "electric line" for "pipe," etc.
Recovery of Charges in Arrear.—If any charge for electricity or any sum due in respect to its supply be unpaid, the company may disconnect the means of supply; but on payment of such charge or other sum, together with the expenses incurred in severing the connexion, the supply must be restored. If any such sums be not paid, they may be recovered either in an action or summarily as civil debts.
Incoming Tenant.—Where the occupier of premises leaves without paying the charges due for electricity supplied or for the rent of the meter, the incoming tenant cannot be required by the company to pay such arrears, unless he undertook with the former tenant to do so.
FENCES
In the absence of evidence to the contrary, where two fields are separated by a hedge and ditch, the hedge and ditch belong to the owner of the field in which the ditch is not. If, however, the owner of the field in which the ditch is has pruned the hedge and trimmed the ditch for twenty years with the knowledge and acquiescence of the adjoining owner, he will acquire a prescriptive right thereto. Where there is a ditch on both sides of the hedge a right to the hedge can only be proved by acts of ownership.
Repair of Fences.—The general rule is that a person must keep his own cattle from trespassing, but he is under no obligation to maintain any fence against his neighbour's cattle unless his neighbour has acquired a prescriptive right to have such fence. The mere fact, however, that a person has for more than twenty years kept up a fence between his own and the adjoining land is not in itself, sufficient to give the owner of the latter a right to have the fence maintained; but if during that period the hedge had from time to time been repaired at the request, or upon complaint, by the adjoining owner, it would be otherwise. If there be a prescriptive obligation to repair, the person upon ​whom it rests must maintain the fence in a proper condition at all times,and is not entitled to wait until he receives notice that it is out of repair. And he will be responsible should his neighbour's cattle be injured in consequence of its defective condition, as for instance, if they get through a gap and feed on the leaves of a yew tree on the adjoining premises, with fatal results.
Animals straying.—If, where there is no obligation to keep them out, animals trespass and do mischief, they may be distrained by the person on whose land they are trespassing, provided they are not actually under the control of the owner, and may ultimately be sold if compensation be not paid for the damage done. Upon tender of sufficient compensation the animals must be given up by the person who seized them, if still in his possession, that is to say, if not previously sent to a public pound. If the owner tender a sufficient sum to cover the damage done, but the person distraining declines to deliver up the animals except upon payment of an extortionate amount, the owner may pay the amount demanded, and afterwards recover the excess in an action.
FIRE
Responsibility for Damage done by.—With regard to fires which are incident to the natural use of the premises, such as the ordinary fires in a house, or in a field for the purpose of burning weeds, liability only attaches where there has been a want of reasonable care. If, therefore, a person's property is injured in consequence of a fire on his neighbour's premises, he will not be able to recover any damages from him if the fire was the result of an accident or is incapable of being traced to any source.
This applies equally whether the damage was caused by the spreading of a fire already lighted or by a fire which arose from spontaneous combustion. Consequently where damage is caused by the burning of a rick, if it be shown that it ignited by reason of the negligent way in which it was put together, the owner will be liable.
Where, however, the use of fire cannot be considered as incident to the ordinary use of the premises, the person who introduced it will be liable for its consequences. Thus where a locomotive or traction-engine is used on a road, the person by whom it is used will be liable for any fire which may be caused by it. Steam tramway companies and railway companies obtain statutory powers by which they are given the right to use locomotive engines on their lines, the effect of which is to exempt them from liability for fires caused by sparks from their engines, provided they have taken all reasonable precautions. Leaving a heap of hedge trimmings, or similar matter, near the side of their line in dry weather, with the risk of then being ignited by a spark, would be evidence of negligence. On the other hand, if an adjoining owner is foolish enough to place his ricks close to a railway line he may lose any remedy he might otherwise have had.
Such is, and will be, the law until January 1, 1908, when the Railway Fires Act, 1905, comes into operation. By that Act it is provided that where damage is caused to agricultural land or agricultural crops by fire from sparks or cinders emitted from an engine used on a "railway," the fact that it was used under statutory powers shall not affect the liability of the company in an action for damages, provided the claim in the action does not exceed £100. No action, however, will be maintainable unless within seven days of the occurrence of the damage notice of claim in writing, and within ​fourteen days particulars of damage, also in writing, have been sent to the company.
Chimneys on Fire.—If, within the Metropolitan Police District, the chimney of any house or other building be on fire, the occupier will, irrespective of any question as to negligence, be liable to a penalty not exceeding 20s.; but if he proves that he incurred the penalty by reason of the neglect or wilful default of another, he may, by summary process, recover the amount from such other person.
In boroughs and in urban districts.—If any chimney accidentally catches fire within such districts, the occupier will be liable to a penalty not exceeding 10s., unless he prove to the satisfaction of the magistrate that the fire was in no wise owing to omission, neglect or carelessness of himself or his servants. And in order to put a stop to the practice of cleaning chimneys by burning the soot in them, any person who wilfully sets, or causes to be set, on fire any chimney is made liable to a penalty not exceeding 5s, and in addition may be indicted for felony.
Destruction of premises by fire, effect of with regard to payment of rent see p. 1959.
FIRE INSURANCE
A contract of insurance against fire is a contract of indemnity only, that is to say, it is not the cost of replacing any property which has been destroyed that can be recovered under the policy, but only the actual value of the property lost, at the time of its destruction. The amount to which the property has been insured only represents the limit beyond which no claim can be made, and has not, necessarily, any connexion with the amount recoverable. Damage by fire means damage caused by ignition; it is not sufficient that it be caused by scorching due to overheating.
GAS
Subject to any express limitations contained in the special Act under which any particular gas company may be authorized to carry on its business, the supply of gas is governed by the following provisions:—
A gas company, if required to do so by the owner or occupier of premises situate within 25 yards from any of their mains, or such other distance as may be prescribed by their special Act, are bound to supply such premises with gas, and must furnish and lay any pipe that may be necessary for that purpose. But the owner or occupier must pay the cost of so much of any pipe as may be laid either on his property, or for a greater distance than 30 feet from any of the company's pipes, whether on his property or not.
Every owner or occupier requiring a supply must enter into an agreement in writing to continue to receive and pay for, during a period of at least two years, a supply of such an amount that the rent payable for it will not be less than 20 per cent, of the cost incurred by the company in providing the supply; and must, if required, give security for the payment of what may become due from him. The gas supplied must possess the illuminating power prescribed by the special Act.
Meters.—All meters must be in accordance with Government requirements, and must be duly stamped. Any meter required must, on request be supplied by the company; but they may demand security to be given for the payment of its cost, or hire.
No meter may be fixed or disconnected by a consumer without twenty-four hours' notice to the company, under a penalty of 40s.
The consumer must, at his own expense, keep in order any meter belonging to him; but the company are responsible for those supplied by them on hire. The company may, at all reasonable times, test any meter belonging ​to the consumer; and if either the consumer or the company are dissatisfied as to the accuracy of a meter, they may require it to be sent to a Government inspector to be tested. If it be found to be in order, the party at whose request the test was made must pay the cost.
The register of the meter is primâ facie evidence of the quantity of gas consumed, but in case of dispute, the difference may be determined, upon application of either party, by two justices (or the stipendiary magistrate, in a town), whose decision is final.
Any officer appointed by the company may, at all reasonable times, enter the premises to inspect the meters, fittings, etc., and to ascertain the quantity of gas consumed. Any person who hinders such officer from entering, etc., is liable to a penalty not exceeding £5.
Penalties payable under Certain Circumstances.—Any person who fraudulently, wilfully or by culpable negligence injures or suffers to be injured any pipes, meter or fittings belonging to the company, or alters the index to any meter or prevents it from duly registering the quantity of gas supplied, or fraudulently abstracts or consumes the company's gas will (without prejudice to any other rights and remedies for the protection of the company), be liable to a penalty not exceeding £5, and the company may, in addition, recover the amount of any damage sustained by them. And, in cases where the offence has been committed wilfully or fraudulently, the supply may be cut off until the matter complained of is remedied. The existence of artificial means for causing such alteration of the meter, etc., when the meter is under the custody and control of the consumer, will be primâ facie evidence that such alteration, etc., has been fraudulently caused by him.
Any person who lays, or causes to be laid, any pipe to communicate with a pipe belonging to a gas company, without their consent, or fraudulently injures any meter, or improperly uses or burns any gas supplied, or supplies any other person with any part of the gas supplied, will be liable to pay a penalty of £5, and also the sum of 40s. for every day during which the offence continues.
Recovery of Charges in Arrear. Any sum due for gas supplied, or for the hire or fixing of a meter, and any expense lawfully incurred by the company in cutting off the supply, if in arrear, may be recovered either in an action, or in the same way as a penalty, by summary process, before two justices in the country, or the stipendiary magistrate in a town.
Incoming Tenant.—Where the occupier of premises leaves without paying what is due for gas supplied or for the rent of a meter, an incoming tenant cannot be required by the company to pay such arrears, unless he has undertaken with the outgoing tenant to do so.
HIRE-PURCHASE AGREEMENTS
Goods obtained on the hire-purchase system remain the property of the person who supplied them until payment of the final instalment of the sum agreed upon; consequently, until the final instalment has been paid, the hirer cannot treat the goods as his own property, nor part with the possession of them, nor do anything contrary to the terms of the hire-purchase agreement, and if he fraudulently disposes of them he will be criminally liable.
In the absence of any provision to the contrary, failure to pay an instalment entitles the person who supplied the goods to retake possession of them, and sue for any instalments then overdue.
Goods thus obtained are liable to be distrained upon for rent by the landlord, but cannot be seized by an execution creditor of the hirer.
If the agreement is, in substance, a binding contract to purchase, although the price is payable by instalments expressed to be for hire, a person buying the goods from the hirer, in good faith and without notice of the agreement, will acquire a good title to them. Where, however, the agreement is, in fact, ​an agreement for hire with a mere option to become the purchaser upon making a certain number of payments on account of rent, any person who buys the goods from the hirer cannot acquire a good title to them.
HOUSE AGENTS
Circumstances under which a House Agent's Commission becomes payable.—When an estate, or house, agent has been employed upon commission to negotiate the sale or lease of any property, he is not entitled to any commission unless and until he has found a person who is actually ready and willing to enter into a binding agreement to purchase or rent the premises, as the case may be, and both the parties are really agreed as to the terms. If, however, the agent does introduce such a person, but the sale or lease is not effected in consequence of the owner's refusal or inability to conclude the transaction, the agent will be entitled to damages.
Where there is an express contract to pay a fixed commission "on completion of the purchase," or "in the event of success," or to pay the usual commission "out of the purchase-money obtained by the agent," the agent cannot recover either his commission or any sum on account of his services in finding a person who is willing to purchase, if the latter does not complete the transaction either through his inability to pay all the instalments, or from any other cause. Where the inability to complete the purchase is due to the fault of the seller, it is otherwise.
Where a person employs a house agent to sell or let a house of which he is in occupation, and nothing is said about giving up possession, there is an implied undertaking to do so within a reasonable time; and if the agent is prevented from earning his commission owing to the person who would otherwise have taken the premises declining to do so on account of his inability to obtain possession within a reasonable time, damages will be recoverable by the agent.
Payment of commission where services of more than one agent involved.—To entitle an agent to commission, the person who ultimately purchased or rented the premises must have done so in consequence of the agent's introduction. The mere fact that the agent gave the particulars and an order to the premises to the person who eventually became the purchaser or truant is not, in itself, sufficient. If, however, the relation of buyer and seller, or of lessor and lessee, was, in fact, brought about by the act of the agent, he is entitled to commission, although the actual sale or lease was completed through the instrumentality of some other person.
Whether the sale or lease was, or was not, brought about by an agent is a question of fact, and one which often involves considerable difficulty.
Payment of commission on exercise of option to purchase or to renew the lease.—Inasmuch as the right to commission does not arise out of the mere fact of having introduced a person who subsequently became the purchaser or tenant, it follows that where agents are instructed to find a purchaser, or failing a purchaser, a tenant, and they find a person who declines to buy but becomes a tenant, they cannot claim commission for the sale of the premises if such tenant, after being in occupation for some time, determines to buy them. Where an agent finds a person who is willing to take the premises on lease with an option to purchase and the right is exercised, it is otherwise. And where there is in a lease an option to take on the premises at the expiration of the original term, commission may become payable on the exercise of such option; but the right to such commission will not arise if the tenancy is continued upon an agreement for a different rent and such agreement is obtained through another agent.
Limit of Estate or House Agent's Authority. Instructions to an estate to procure a purchaser or tenant and to negotiate a sale or lease do not amount to an authority to the agent to bind the owner by a ​definite contract for sale or lease. Similarly where an owner of premises instructs an agent to place the property on his books and states the price he is willing to accept, his final right of acceptance or refusal is reserved.
Duty of House Agent.—Whether an agent has undertaken to make reasonable inquiries as to the suitability and solvency of a tenant is a question of fact.
The Usual Terms of Commission payable to Estate or House Agents are as follows, but inquiry as to the charges should be made in all cases before employing an agent:—
For the sale of freehold or leasehold property by private treaty.—5% on the first £100, after which 2½% up to £5,000, and on the residue 1½%; and, in addition, the usual commission on the amount paid for fixtures, furniture and effects. Where a property is let and the tenant afterwards purchases it, the commission, if chargeable, will be that payable upon a sale, less the amount previously paid for letting.
For letting unfurnished houses or disposing of leases, other than ground leases, by assignment or otherwise.—Where the term is for three years or less, 5% on one year's rent; where for more than three years, 7½% on one year's rent; and, in either case, upon the premium or consideration, 5% up to £1,000, and 2½% on the residue; and, in addition, the usual commission on any sum obtained for furniture, fixtures or other effects.
'For letting furnished houses in town or country.—When let for a year or less, 5% on the rental; when let for more than a year, 5% on the first year's rent, and 2½% for remainder of term.
For valuation or sale of furniture, fixtures and other effects.—5% up to £500, and 2½% on the residue.
'For valuation of furniture and effects for probate or administration.—2½% on the first ₤100, and 1½% on the residue.
HUSBAND, Liability of, for Debts contracted by Wife
Marriage does not, in itself, give a wife authority to pledge her husband's credit. Whether she had such authority in any particular case is a question of fact; for a husband is only liable where it can be shown that the circumstances were such that the wife must be considered as having had his authority to act as his agent. Such authority may be either express, implied or ostensible.
Express Authority.—If it can be proved that such authority was, in fact, given, the husband will, of course, be liable, as in the case of any other principal who employs an agent, to the extent of the authority conferred.
Implied Authority.—Where the husband and wife are living together, the presumption is that the wife has authority to pledge her husband's credit for necessaries suitable to the position in which the parties live. This presumption may, however, be rebutted by the actual circumstances, as, for instance, if it be shown that her husband, in fact, prohibited her from pledging his credit; and it will be immaterial whether or not he gave notice of that fact to the tradesman, provided that he has done nothing to justify the tradesman in looking to him for payment. Likewise, even if the husband has not expressly prohibited his wife from pledging his credit, but has made her an allowance for the purpose of obtaining the necessaries, or if she is already sufficiently provided with them, the presumption of authority to act as his agent will be rebutted.
On the other hand, an express prohibition against pledging his credit will ​not prevent his wife from doing so for the bare means of subsistence, if not in fact provided by him.
Where the parties are living apart, the presumption is that the wife has no authority to pledge her husband's credit, unless and until the contrary be shown. And a husband is not bound to give to a tradesman with whom he has dealt for ready money during the time he and his wife have lived together notice of his separation from her and the consequent revocation of her ordinary authority. But it is otherwise if he has during such period authorized her to deal with such tradesman on credit, or ratified such dealings by subsequent payment.
Notwithstanding, however, that the parties are living apart, if the wife has been compelled to do so through the cruelty or misconduct of her husband, or has been deserted by him, and is without adequate means, she has an absolute right to pledge her husband's credit for necessaries either for the maintenance of herself or any of the children in her charge (including any by a former marriage); and the husband cannot put an end to his liability by requesting her to return, if she continues to live apart under a reasonable fear of the renewal of his ill-treatment. Such right to pledge her husband's credit will cease if a decree for the payment of alimony has been made against her husband, or a weekly sum has been ordered to be paid to her upon the application which she is entitled to make to the justices under the circumstances in question, and the alimony, or weekly payment, has been paid regularly. It will also cease if she be guilty of adultery.
Similarly, where the parties are living apart by mutual agreement but the husband having agreed to pay an allowance neglects to do so, and where there is no agreement as to an allowance but the wife has not undertaken to provide for herself and the husband has failed to make her a reasonable allowance, the wife, if without adequate means, has the same right to pledge his credit as in the case where she is compelled to leave him.
Ostensible Authority.—Even if the wife had no actual authority, the husband will be liable for debts incurred by her if he allowed her to represent herself as having his authority, and the person supplying the goods honestly acted in reliance on her having that authority. For instance, where similar goods have previously been supplied on credit and afterwards paid for by the husband, his liability can only be determined by express notice to the tradesman.
INCOME TAX
Period in Respect to which payable, etc.—Income Tax is calculated from April 6 in one year to April 5 in the following year, both inclusive, and is payable on or before January 1 of each year; thus the tax in respect to the period between April 6, 1905, and April 5, 1906, will be due and payable on January 1, 1906.
Persons liable to Assessment to Income Tax. All persons resident in the United Kingdom, whether British subjects or not, are liable to assessment; and also all persons not resident within the United Kingdom (whether British subjects or not), in so far as they derive income from property, trade, or employment in the United Kingdom.
Persons entitled to claim Exemption or Abatement. A person whose income from all sources does not exceed £160 may claim a total exemption. Where the income from all sources does not exceed £700, abatement may be claimed on the following scale:—
| Where the income exceeds | but does not exceed | an abatement of | Where the income exceeds | but does not exceed | an abatement of |
| £160 | £400 | £160 | £500 | £600 | £120 |
| £400 | £500 | £150 | £600 | £700 | £70 |
In all other cases the tax is payable on the full net income, subject, however, to an allowance for premiums paid for life insurance, etc.
​Allowance in respect to Premiums for Life Insurance, etc.—A claim may be made for an allowance in respect to premiums paid for life insurances, or under contracts for deferred annuities, effected in respect to the claimant's own life or that of his wife. Such allowance will not, however, be authorized where the premiums are paid to any foreign insurance company or foreign or colonial friendly society; it is limited to an expenditure on annual premiums not exceeding one-sixth of the claimant's net personal income from all sources; and has not the effect of giving exemption or abatement where the total income is thereby reduced below the respective limits (for which, see previous page).
To obtain such allowance the following particulars must be sent to the Surveyor of Taxes:—Name of person on whose life the insurance or annuity is effected, name of insurance company or friendly society, amount of premium claimed as an allowance, and when payable. If required, the receipts for the premiums must also be transmitted.
Income of Husband and Wife, how calculated.—The income of a married woman living with her husband is deemed to be part of the husband's income; and particulars thereof must be included in any statement of income rendered by him for the purpose of obtaining exemption or abatement. The only exception is where the joint income of husband and wife being not more than £500, the wife earns part thereof independently of her husband by the exercise of her own labour, and the husband's income, or some part of it, is likewise earned by his personal labour. In such case the profit thus earned by the wife may be treated as a separate income, and a separate claim for exemption or abatement may be made in respect thereof.
Classification and Assessment of Income.—Incomes are assessed (according to the sources from which they are derived ), under the following heads, which are known as Schedules A, B, C, D and E of the Income Tax Act.
Schedule A: INCOME DERIVED FROM THE OWNERSHIP OF LAND OR HOUSE PROPERTY. Every owner of such property is liable to income tax in respect to its annual value, whether it is let to a tenant or occupied by the owner himself. This is commonly known as "Landlords' Property Tax." The annual value is the rack rent at which it is let, if fixed within seven years; or, if not let, the rent at which it might be so let, subject in either case to a deduction of one-sixth on houses not being farm buildings attached to land, and one-eighth in respect to land including farm buildings. A deduction is also allowed in respect to land tax, tithe rent-charge, and public drainage rates, if any. "Rack rent" may be described generally as the rent which a tenant, taking one year with another, might reasonably be expected to give if he undertook to pay all usual tenant's rates and taxes, and the landlord undertook to bear the cost of repair, insurance, and other expenses, if any, necessary to maintain the property in a state to command that rent.
In the Metropolis the annual value is the gross assessment of the property, as shown in the valuation list made for rating purposes.
Where the property is let, the tax is payable in the first instance by the tenant, who is entitled to deduct the amount from his next payment of rent, but if he fails to do so, he cannot deduct it from any subsequent payment. It has been held, however, in Scotland that he may obtain repayment of it by an action for money paid, and there seems to be no reason why he should not do so in England.
If the property is, in fact, unoccupied for the whole or any part of the year, the tax in respect to that period can be recovered back within twelve months after the year of assessment. So, too, with regard to any temporary remission of rent that may have been actually made.
​Schedule B: PROFITS DERIVED FROM THE OCCUPATION OF LAND AND HOUSE PROPERTY WHERE USED AS A FARM.—The occupier of such property is liable to the payment of tax on one-third of the full amount of rent (or annual value, if occupied by the owner) and tithe. Where the owner occupies the premises himself, he must pay this tax in addition to that payable by him in respect to his ownership thereof. Persons thus engaged in farming may, if they prefer it, be assessed on their actual profits (under Schedule D), but the present form of assessment is distinctly preferable. For inasmuch as the profits are to be taken in all cases as equivalent to one-third of the annual value of the farm, persons thus assessed are relieved from payment of tax on any profits which may exceed that limit, while if the profits are found to have been below that amount, they can recover the tax paid on such sum as represents the difference between the actual profits and the one-third of the annual value of the premises.
Schedule C: PUBLIC ANNUITIES PAYABLE OUT OF GOVERNMENT FUNDS.—Annuities, however, which are so payable by friendly societies (legally established, and assuring for not more than £200, or paying annuities not exceeding £30), or by savings banks, or by charitable institutions, are exempt. There are also other exemptions of special kinds, which it is unnecessary to deal with for present purposes.
Schedule D (i.): PROFITS OF TRADE, PROFESSION, EMPLOYMENT OR VOCATION.—The tax extends to the profit of all trades, etc., carried on in the United Kingdom by any person, whether a British subject or not, and wheresoever residing; and also to the profit of trades, etc., carried on elsewhere than in the United Kingdom, if carried on by persons residing therein. It is to be observed that the amount of income to be returned for assessment in any given year is neither the actual income of that year, nor the income which a person expects to make in that year, but is a "statutory" income of which the amount is to be computed from ascertained figures. These are the figures shown by the accounts of the business or profession for the three years immediately preceding, ending either on April 5 or on the date prior thereto to which the annual accounts have been usually made up, and the amount of profit is to be computed on an average of such preceding three years. If the trade, etc., has been set up within three years, the profit must be taken on an average from the period of commencement; and if only commenced within the year of assessment, to the best of the knowledge and belief of the person making the return, who must state the grounds upon which the estimate has been made.
Profits: Deductions allowed in assessment of.—Repairs of premises, and the supply or repair of implements, utensils or articles employed, not exceeding the sum usually expended according to the average of the three preceding years; debts proved to be bad; and doubtful debts, according to their estimated value; the rent or if the premises be occupied by the owner, the annual value according to the amount on which duty has been paid under Schedule A—of premises used solely for the purpose of business and not as a place of residence; a proportion, not exceeding two-thirds, of the rent or annual value of any dwelling-house partly used for the purposes of business.
Any other disbursements or expenses wholly and exclusively laid out for the purposes of trade, etc., such as wages of employees, insurance premiums, payments for water and lighting, rates and taxes.
Where the profits are earned by letting a furnished house or apartments, a proportion only of the necessary deductions can be made if part only of the premises be used for letting. And where the business or practice of letting is confined to a portion of the year, the deductions must be proportionate to such period. If, however, the premises be taken solely for the purpose of letting, the deductions may be made in full, irrespective of the actual period the owner or tenant may have succeeded in letting them.
​No deductions are allowed in respect to—Interest on capital, or any annual payment out of profits (the tax on which should be deducted, and thus recovered from the person to whom the payment is made); sums invested or employed as capital in the trade or business, or on account of capital withdrawn therefrom; sums expended in improvement; any loss not connected with or arising out of the trade, etc.; expenses of maintenance of the person assessable, his family or private establishment; any loss recoverable under an insurance or contract of indemnity; any sum paid as income tax on profits or gains, or on the annual value of trade premises; any sum paid as salary to a partner; any sum written off for depreciation. Although no deduction for depreciation is permitted to be made by the person himself who sends in his return as to profits, he may, in such return, make a claim for an allowance in respect to wear and tear of plant or machinery, which will be subject to settlement by the revenue authorities.
Schedule D (ii.): PROFITS FROM DISCOUNTS AND FROM INTEREST OF MONEY on which the Tax has not, in fact, been deducted before Receipt.—Under this head are included interest and dividends on stocks and shares, except in those cases where such interest or dividends are stated to be paid "free of income tax" or "tax free,"—which means that the tax has been, or will be, duly accounted for to the revenue authorities by the person making such payment.
The profits under this head are to be computed according to the full amount in the previous year.
Schedule D (iii.): PROFITS FROM COLONIAL AND FOREIGN SECURITIES where the Duty is not deducted by the Agent entrusted with the payment thereof.—To be computed according to the full amount received, or to be received in the current year, without any deduction.
Schedule D (iv.): PROFITS FROM COLONIAL AND FOREIGN POSSESSIONS.—To be computed according to the full amount received on the average of the three preceding years.
Schedule D (v.): PROPERTY OR PROFITS NOT COMING UNDER ANY OF THE SOURCES OF INCOME PREVIOUSLY MENTIONED, NOR THOSE SPECIFIED IN SCHEDULE E.—Such property or profits are to be computed, if certain in amount, on the profits of the previous year; or, if uncertain, on an average of years.
Schedule E: INCOME DERIVED FROM ANY PUBLIC OFFICE OR EMPLOYMENT OF PROFIT.—Liability to income tax under this head attaches to: Persons holding any parliamentary or judicial appointment, or a public office in the Civil Service; officers in the Army, Navy, Militia, or Volunteers; persons holding any Office or employment of profit in the Church, or in any public corporation, company, society, or public institution, or in any county or borough, or in any other public office or employment of profit of a public nature.
The fees, etc., may be estimated on the profits of the preceding year, or on an average of the three preceding years. Expenses wholly and necessarily incurred in the performance of the duties of the office or employment may be deducted. If the holder of any such office employs a deputy or assistant, as for instance, where a rector engages a curate, he may, of course, deduct from the salary of such assistant the income tax thereon—but if required, will have to give him a voucher showing that he has paid it.
If the employment ceases before the end of the year for which the tax has been paid, a proportionate amount may be recovered.
Returns as to Income, when required to be made.—In respect to income which falls within Schedules D or E, a return is required to be made each year upon the forms furnished for that purpose by the Surveyor of Taxes for the district. Even where there is no such income, a return stating that fact must ​nevertheless be made. If an exemption or abatement be claimed, the statement on the back of such form must be filled in. In filling in such claim it is necessary to state not only the particulars of income for assessment under Schedules D and E, but the particulars of income from every source whatsoever, whether taxed or not. The penalty for not making a return, or for making an untrue return, is ₤20 and treble the duty payable.
Adjustment of Profit and Loss from different Sources of Income.—Where a person has sustained a loss, as distinguished from a mere decrease in profits, during any year, either in any trade, profession or employment, or in the occupation of lands for the purpose of husbandry, he may, on giving notice in writing to the Surveyor of Taxes for the district, within six months after the year of assessment, apply to the Commissioners of Income Tax for an adjustment, by setting off the loss against the total aggregate amount of his income from other sources, if any.
The advantage of this provision is greater than may appear at first sight. For instance, A. has house property which is let, and brings him in £300 a year. He is also in trade, and his return for a particular year (based on a three years' average) shows a loss of £200. This he can deduct from the income derived from his house property and thus reduce his total income for the year, for the purposes of income tax, to the sum of ₤100. The result of which will be that inasmuch as his income is under ₤160, he will be entitled to total exemption and may claim repayment of any tax he may have paid in respect to his house property.
Claims for repayment of Income Tax.—Where tax has been paid in excess of the amount due in respect to the ownership or occupation of land, a claim for the excess paid may be made within twelve months from the expiration of the year of assessment. Where the profits of a trade, profession or office, have been over-assessed, a claim should be made at the end of the year of assessment. A claim for repayment in respect to premiums paid for life insurance may be made within three years. Similarly, a claim for the repayment of tax paid by any person entitled to an exemption or rebate may be made within three years from the end of the year of assessment to which the claim applies; for instance, a claim in respect to the year beginning April 6, 1902, and ending April 5, 1903, would have to be made by April 5, 1906.
Claims by persons entitled to exemption or rebate, how made.—The claim must set out the total income from every source, whether taxed or not, in accordance with the form provided for that purpose, which may be obtained from the Surveyor of Taxes for the district, whose address can be ascertained from the local collector of taxes.
If it is intended to claim in respect to more than one year, a separate claim for each year must be made and entered on a separate form.
Claim by married woman.—In the case of a married woman living with her husband and earning an independent income, the claim is to be made by her husband. (As to her right to claim, see p. 1948.)
Particulars required with regard to income.—In setting out the items of income, the gross amount must be stated, without any allowance for deduction of income tax. The amount of income tax deducted or paid must be set out in the separate column for that purpose. There is no difficulty in ascertaining these figures with regard to items upon which the claimant has himself paid the tax, nor with regard to rent due from a tenant, as the amount of the rent must be known, and the amount of the tax paid thereon will be shown by the voucher which it is the duty of the tenant to produce on deducting the tax from his rent. But in the case of dividends which are paid, as is generally the case, "free of income tax" without stating the amount deducted for tax, it becomes necessary to calculate what is that sum which, after a deduction for income tax at the current rate, will leave the amount for which the warrant is payable; for such is the sum to be stated as the gross income, and the tax ​upon which has to be separately entered. Thus a dividend warrant for ₤3 16s., stated to be "free of income tax," represents, when the tax is a shilling in the pound, a gross item of ₤4, on which the income tax is 4s. (£4 less 4s. tax = £3 16s.). The method by which the necessary calculation is made is this: The rate of interest being 1s. in the £, then 19s. is to 20s. as £3 16s. is to the amount due without deduction for tax, i.e.
19s.:20s::76s.:x 20 ____ 19)1520(8080s. = £4. 1520 ____
In cases where claims are made for three years back, it should also be borne in mind that the claim must be limited to those dividends which represent the payment of profits actually earned either wholly or in part within the years in question.
In order to show the actual income any annual charges on any of the property, such as ground rent or interest on mortage, must, of course, be shown. But in this case the amount to be deducted is the net amount payable after deduction of tax, as the tax thereon is payable by the person, or persons, to whom such payments are due, and must be recovered from them.
The claim (or claims, if for more than one year), when filled in, must be sent to the Surveyor of Taxes for the district, together with the vouchers and receipts necessary to show that the tax on all the items of income has, in fact, been deducted or paid. If the claim be allowed by the Commissioners, a post-office order for the amount claimed will in due course be sent to the applicant, together with a form upon which to make his claim, if justified, in subsequent years.
Appeals against Assessments.—So far, it has been assumed that there is no dispute as to any assessment, but if any person is dissatisfied with the amount of his assessment, he may appeal to the Commissioners. Notice as to the time and place at which such appeals will be heard will be found affixed to the door of the parish church. A written notice of the intention to appeal, stating the grounds of appeal, must be given to the surveyor not less than ten days before the date fixed for hearing appeals.
Recovery of Income Tax in Arrear.—If the tax be not paid after demand it may be recovered by distress; and, if necessary, the Commissioners of Inland Revenue may issue a warrant enabling the premises of the person in default to be broken open. If any person refuses or neglects to pay within ten days after demand, and no sufficient distress can be found, the Commissioners may by warrant commit such person to prison.
INFECTIOUS DISEASES
Disinfection of Premises, etc.—Every local authority is invested with power to enforce the cleansing and disinfection of premises, and the disinfection or destruction of bedding, clothing, or other articles, which have been exposed to infection from any dangerous infectious disorder.
The following provision is in force within the area subject to the jurisdiction of the London County Council, and a practically similar provision may be adopted by the local authority in any urban or rural sanitary district:—If any person knowingly casts, or causes or permits to be cast, into any ash-pit any rubbish infected by a dangerous infectious disease, without previous disinfection, he will be liable to a fine not exceeding £5; and, if the offence continues, to a further fine not exceeding 40s. for every day during which it continues after notice of the above; provision is given to the master of the house by the ​Sanitary Authority. On request of the master the sanitary authority must provide for the removal, etc., of such rubbish.
Penalty on letting Infected Premises.—Any person who knowingly lets any premises in which a person has been suffering from a dangerous infectious disease, without having the premises, and all articles liable to retain infection, disinfected to the satisfaction of a legally qualified medical practitioner, (as testified by a certificate signed by him,) or, in the case of articles, destroyed, will be liable to a fine not exceeding ₤20.
Any person letting, or showing for the purpose of letting, any premises who, on being questioned by any person negotiating for the hire of them, as to the fact of there being, or within six weeks previously having been, therein any person suffering from a dangerous infectious disease, knowingly makes a false answer to such question, will be liable to a fine not exceeding ₤20, or to imprisonment with or without hard labour for a period not exceeding one month.
Duty imposed on Persons vacating Infected Premises.—The following provision is in force within the area subject to the jurisdiction of the London County Council, and may be adopted by the local authority of any sanitary district elsewhere:—
Where a person ceases to occupy any premises in which a person has within six weeks previously suffered from any dangerous infectious disease, and either—(a) Fails to have such premises and all articles therein liable to retain infection disinfected to the satisfaction of a legally qualified medical practioner (as testified by a certificate signed by him), or such articles destroyed; or (b) Fails to give the owner or master of the house notice of the previous existence of such disease; or (c) On being questioned by the owner or master, or by any person negotiating for the hire of such premises, as to the fact of having within six weeks previously been therein a person suffering from any dangerous infectious disease, knowingly makes a false answer,—
He will be liable to a fine not exceeding £10
Penalty on Exposure of Infected Persons or Things.—If any person while suffering from a dangerous infectious disease willfully exposes himself without proper precautions against spreading the disease in any street, public place, shop, or inn; or being in charge of any person so suffering, thus exposes such sufferer; or gives, lends, sells, transmits, removes or exposes, without previous disinfection, any bedding, clothing, or other articles which have been exposed to infection from any such disease, he will be liable to a fine of £5.
Within the area subject to the jurisdiction of the London County Council, any person who while suffering from a dangerous infectious disease enters a public conveyance, and any person who knowingly places such person therein, is liable to a fine of £10. Elsewhere the penalty is £5, and is limited to cases where no proper precautions are taken, and the driver or conductor is not informed of the existence of any infection.
Existence of an Infectious Disease to be notified.—Where an inmate of a house is suffering from any of the infectious diseases mentioned below, the head of the family to which such person belongs, or in his default the nearest relatives of the patient present in the building or being in attendance on him, or in default of such relatives every person in charge of or in attendance on the patient, or in default of any such person, the occupierof the house must, as he becomes aware that the patient is suffering from such infectious disease, send notice thereof in writing to the medical officer of health for the district.
​Every medical practitioner attending the patient is also required to send a similar notice. Failure to send the notice required involves a penalty not exceeding 40s., provided that in the case of a person who is only required to send the notice in default of some other person, he will not be liable to any penalty if he satisfies the Court that he had reasonable cause to suppose that the notice had been duly sent.
The infectious diseases referred to are as follows: Small-pox, cholera, diphtheria, membranous croup, erysipelas, the disease known as scarlatina or scarlet fever, and the fevers known by any of the following names: Typhus, typhoid, enteric, relapsing, continued, or puerperal; and also any other infectious disease which the Sanitary Authority of the district may order, either permanently or temporarily, to be included in the list of diseases of which notification is required.
The sanitary authorities of the various districts are:—
In the City of London, the Commissioners of Sewers. In the administrative County of London (exclusive of the City), the Councils of the respective boroughs. In a borough outside the administrative County of London, the Corporation of the borough. In urban and rural districts, the Urban and Rural District Council respectively.
INHABITED HOUSE DUTY
Rate of Duty. Duty is payable in respect to inhabited houses at the following rates:—
On any house occupied as a shop, warehouse, public-house, hotel, coffee shop, or farmhouse, of the annual value of (or, in the Metropolis, the gross ratable value of)—
| | | | | | | £ | s. | d. |
| | 20 | and | not | exceeding | £40 | 0 | 0 | 2 | in | the | £ |
| Exceeding | £40 | ,, | ,, | ,, | £60 | 0 | 0 | 4 | ,, | ,, | ,, |
| Exceeding | £60 | | | | | 0 | 0 | 6 | ,, | ,, | ,, |
| On other houses of the annual value of— |
| | 20 | and | not | exceeding | £40 | 0 | 0 | 3 | ,, | ,, | ,, |
| Exceeding | £40 | | ,, | ,, | 60 | 0 | 0 | 6 | ,, | ,, | ,, |
| Exceeding | £60 | | | | | 0 | 0 | 9 | ,, | ,, | ,, |
Houses used for the Purpose of Letting.—Where a house is occupied by any person for the main purpose of letting lodgings as a means of livelihood, such person may before July 1 in any year register his name in the list of lodging-house keepers, to be kept by the clerk to the Commissioners of Inland Revenue, and may after such registration and before November 1 apply to the Commissioners for a reduction of the rate of charge from the higher to the lower scale applicable to business premises.
Houses let in Flats.—Where a house is let in different flats or tenements the landlord is chargeable with the duty, but if he fails to pay it within twenty-one days after it is due, it may be levied on the occupiers; who are, however, entitled to deduct the amount so paid from their next payment of rent. In assessing the annual value of such house for the purposes of duty, the value of any dwelling therein which is under £20 is excluded, and duty is payable at the rate of 3d. and 6d. in respect to any dwelling therein of an annual value not exceeding £40 and £60 respectively.
Year of Assessment.—The year of assessment is from April 6 in one year to April 5 in the next, both inclusive. The duty is payable on or before January 1 in the year of assessment.
Unoccupied Houses.—If within the year a house becomes unoccupied, ​notice of the fact must be given to the local assessor, or Surveyor of Taxes, otherwise duty will be payable for the whole year. A house is "unoccupied" when it is unfurnished and incapable of being occupied as it stands, though it may be in charge of a caretaker.
Incoming Tenants.—Where a person comes into occupation of a house which was unoccupied at the time the assessment was made, he will only be charged from the end of the preceding quarter, if he gives notice of his occupation to the local Surveyor of Taxes within twenty days of his entry; otherwise he will be charged for the whole of the year, and be liable to a penalty of £5. Notice must similarly be given in the case of a newly- built house.
Payment of Duty.—If the duty be not paid, it may be recovered in the same manner as income tax in arrear (as to which, see p. 1952).
Appeals against Assessment.—Where a person is dissatisfied with regard to the amount of assessment he may appeal to the Commissioners in the same as in the case of appeals against income tax (see p. 1952).
JURY, Persons liable to, or exempt from, service on—
In criminal cases the Grand Jury decide whether there is a true bill of indictment against a person, that is to say, whether there is sufficient evidence to justify his being tried. The petty jury decide the actual issue whether the person against whom such bill has been returned is, in fact, guilty or not. Juries for the trial of civil actions are petty juries, inasmuch as their functions are to try issues between the parties.
Petty Juries
In Counties, etc.—Unless entitled to exemption, as being within one or other of the classes mentioned hereafter, any of the following persons are liable to serve as common jurors on a petty jury at the Royal Courts of Justice, and at the Assizes or Sessions for a county, division or riding, namely:—
Any person between the age of twenty-one and sixty, residing in any county in England or Wales, who has, within such county (1) in his own name, or in trust for him, £10 a year, clear of deductions, in freehold or copyhold lands or tenements, or in rents issuing out of such lands or tenements, or in such lands, tenements and rents taken together, either in fee simple, or for his own life or during that of some other person; or (2) has £20 a year, clear of deductions in lands or tenements, held on a lease for a term of not less than twenty-one years, or for a term of years determinable on a life or lives; or (3) is a householder, rated or assessed to the poor rate, or to the inhabited house duty, on a value of not less than £2O (or, if in Middlesex or the County of London,
Aliens who have been domiciled in England or Wales for ten years or upwards are liable to serve, if otherwise qualified.
Special juries.—If desired, a civil action in the Superior Courts may be tried by what is known as a special jury, that is to say, by such persons only as are of a certain standing and position. The following are qualified and liable to serve a special jurours:—
Every person whose name is in the jurors' book for the county, and who is legally entitled to be called an esquire or is a person of higher degree, or is a banker or merchant, or occupies a private dwelling-house rated or assessed to the poor rate or to the inhabited house duty, on a value of not less than £100 in a town containing 20,000 inhabitants or upwards, or not less than £50 elsewhere, or who occupies premises, other than a farm, rated or assessed at not less than £100, or occupies a farm rated or assessed at not less than £300.
No person is exempt from serving as a common juror by reason of his being on a special juror's list or being qualified to serve as a grand juror.
In liberties, cities or boroughs possessing a jurisdiction of their own, either civil or criminal, the jury lists are prepared according to custom, provided ​that in the City of London a juror must be a householder, or the occupier of a shop, warehouse, counting-house, chambers or office for business purposes, within the city, and have lands, tenements or personal estate of the value of ₤100.
In municipal boroughs having a separate court of quarter sessions, or a borough civil court.—Every person who is qualified to be a burgess is liable to serve on juries for the trial of issues in either of such courts, but is exempt from service on any jury summoned for the trial of issues in any court of Quarter Sessions in the county wherein the borough is situate. A person is entitled to be enrolled as a burgess who is qualified as follows:—(a) Is of full age; and (b) Is on July 15 in any year, and has been during the whole of the preceding twelve months in occupation, joint or several, as owner or tenant of any house, warehouse, counting-house, shop or other building in the borough and (c) Has during the twelve months resided in the borough or within seven miles thereof (except for a temporary absence not exceeding four months); and (d) Has been rated in respect of the qualifying property to all poor rates made during those twelve months; and (e) Has on or before the 2Oth of the same July paid all such rates, including borough rates, if any, as have become payable by him up to the preceding January 5.
Grand Juries.
All persons qualified and liable to serve as petty jurors at county sessions, or at borough sessions in boroughs having a separate Court of Quarter Sessions, are equally qualified and liable to serve as grand jurors at such county or borough sessions, as the case may be. No qualification is prescribed for grand jurors at Assizes.
County Court Juries are composed of such persons residing within the jurisdiction of the respective courts as are on the list of those qualified and liable to serve on juries at the Assizes for their county, city or borough, as the case may be. The distinction between common and special juries does not exist in the County Court.
Coroners' Juries.— All persons who are within the description of "good and lawful men, able to write their names legibly on the inquisition," are liable to serve; but the same exemptions are allowed as in the case of a grand or petty jury, except that there is no limit fixed with regard to age. Aliens, if domiciled in England or Wales for ten years or upwards, are liable to serve if otherwise qualified.
Persons Exempt from Serving on Juries.—Persons under twenty-one or over sixty years of age,; officers of the House of Lords and Commons; peers; members of Parliament; clergymen; Roman Catholic priests; ministers of any congregation of Protestant dissenters, and of Jews whose place of meeting is duly registered, provided they follow no secular occupation except that of a schoolmaster; judges; barristers-at-law and solicitors, if actually practising; solicitors' managing clerks; notaries public in actual practice; officers of the courts of law; clerks of the peace and their deputies, if actually exercising the duties of their respective offices; coroners; registrars of births, deaths and marriages; prison officials; keepers in public lunatic asylums; physicians, surgeons, apothecaries and pharmaceutical chemists, if actually practising as such; dentists; officers in the Army, Navy, Militia and Yeomanry, while on full pay; soldiers in the regular forces; members of the Mersey Docks and Harbour Board; master wardens and brethren of Trinity House; licensed pilots, and masters of vessels in the buoy and light service; servants of the Royal Household; officers of the Post-office; commissioners of customs, and officers, clerks and other persons acting in the management or collection of the customs; commissioners of Inland Revenue, and officers or persons appointed by them or employed by them in any way relating to the duties of Inland Revenue; sheriffs' officers; officers of the rural ​and Metropolitan police; Metropolitan police magistrates, their clerks, ushers, doorkeepers and messengers; members of the council of the municipal corporation of a borough, justices of the peace for the borough, and the town clerk and treasurer for the time being, so far as relates to any jury summoned to serve in the county where such borough is situate; a justice of the peace so far as relates to any jury at any sessions for the jurisdiction of which he is a justice.
Revision of Jury Lists, etc.—The jury lists are revised and allowed by the justices within the last seven days of September in each year, at a special petty session, of which notice is given before August 20. No person whose name appears in the jury book as a juror will be entitled to be excused from attendance on the ground of any disqualification or exemption other than illness, not claimed by him at or before the revision of the list by the justices.
Attendance, etc., of Jurors,—No special or common juror is liable to any penalty for non-appearance, unless the summons requiring him to attend was duly served six days at least before the day on which he was required to attend. No person can be summoned to serve on any jury or inquest (except a Grand Jury) more than once in a year, unless all the jurors upon the list have already been summoned to serve during such year.
Remuneration.—In the High Court a special juror is entitled to a guineaand a common juror receives 1s. for each case in which he is sworn. In the County Court the payment is 1s. Though there is no special provision as to payment, a coroner's juror usually receives a small fee. No fees are payable in criminal cases.
Penalty for Non-attendance.—A juror who fails to attend will, in the absence of a satisfactory excuse, be liable to the payment of such penalty as the Court may think fit, but limited in the case of a Coroner's juror to £5.
LANDLORD AND TENANT
Forms of Tenancies.—Tenancies for a term of years—which are usually either for three years, or for seven, fourteen, or twenty-one years.
"Yearly tenancies," i.e. tenancies from year to year, which continue until determined by notice. A tenancy "for a year" expires at the end of the twelve months. A tenancy "for a year certain and so from year to year" is a tenancy for two years at least. Where premises are taken at an annual rent, that is to say, at so much a year, or upon other terms from which a yearly tenancy may be inferred, it is a tenancy from year to year, notwithstanding that the rent may be made payable quarterly or otherwise. But if there are no words from which a yearly tenancy is to be inferred, and the rent is payable quarterly, monthly, or weekly, there will be a quarterly, monthly or weekly tenancy, as the case may be.
A tenancy at will is an occupation of premises with the assent of the owner and at his will. Such assent may be express or implied. If it be by express agreement, the character of the tenancy is not affected by the payment of rent; but if such tenancy be only implied (as in the case of a mere permissive occupation of premises), payment and acceptance of rent will, unless the circumstances indicate the existence of some other arrangement, raise the presumption of a yearly tenancy.
Where a person continues in possession after his term has expired without any assent or dissent by his landlord, he is said to be a tenant on sufferance, though there is not, in fact, any tenancy at all, as the relation of landlord and tenant depends on the existence of a contract. If, however, the landlord assents to such person remaining on, a tenancy at will will be presumed, which, upon payment and acceptance of rent, will become a yearly tenancy ​upon the terms of the original lease, so far as not inconsistent with a yearly tenancy.
Tenancies, How Created.—A lease for not more than three years from the making may, if accompanied by the giving and taking possession of the premises, be made verbally, though it is very undesirable. In other cases it must be in writing and signed by the party to be charged, or by some person authorized by him for that purpose. A lease for three years which, it is provided, shall commence on a future day is a lease for more than three years from the making. An agreement to grant a lease to be subsequently made cannot be enforced unless in writing, even though the intended lease be for less than three years.
A lease for more than three years must be by deed. But if the parties have come to a definite agreement in writing, the document, though invalid as an actual lease (not being under seal), is valid as "an agreement for a lease"; and, upon application, the Court may enforce its specific performance by ordering the execution of a deed embodying its terms. So, too, if the agreement be verbal only, but possession has been given under it.
In many cases the parties may be prepared to act upon and abide by such agreement, but strictly speaking, if no application to the Court be made for its specific performance, or for some reason or other such application is not granted, there will only be a tenancy at will if the tenant has merely entered into possession, or a tenancy from year to year, if rent has been paid.
In order to save the delay in preparing and obtaining the execution of a deed, and in order to enable immediate possession to be safely given, the parties not unfrequently make an express agreement to grant and take a lease to be subsequently prepared. Where this is done care should be taken to insert in such agreement any special terms it is desired that the lease itself should contain, for unless they are specified, only what are known as "usual covenants" can be inserted. Such an agreement must be stamped as if it were a lease, a nominal stamp only being required on the actual lease when subsequently executed.
Implied Condition as to Fitness for Habitation.—In the case of furnished houses or apartments there is an implied condition that the premises are reasonably fit for the purposes of habitation. This only applies, however, to the condition of the premises at the commencement of the tenancy. The fact that the landlord actually resides on the premises makes no difference. Thus, if one of the landlord's family develops scarlet fever during the tenancy, the tenant has no redress for any injury he may sustain in consequence. But if a contagious disease or defective drains exist, or noxious insects infest the premises at the commencement of the tenancy, the tenant may, on discovering the fact, immediately leave the premises and repudiate the agreement,unless he comes to terms with the landlord that the defect shall be made good. He may also recover damages for any expenses to which he has been put in consequence of the breach of the implied undertaking. In the letting of an unfurnished house there is, in the absence of agreement, no undertaking that it is fit for habitation.But, although there be no such agreement in the lease, a representation by the landlord with reference to the existing condition of the drains may amount to a collateral warranty for breach of which an action for damages can be maintained.
And, notwithstanding that in the absence of agreement there is no obligation on the landlord to remedy a defect which renders the house unfit for ​habitation, nevertheless if the defect is of a structural character—as, for instance, in the case of a defective drain—and amounts to a nuisance or a danger to health, the tenant may procure the intervention of the sanitary authority, and thus throw the burden of remedying the defect on the landlord, provided the tenant himself has not by the terms of his lease undertaken to bear such expenses.
Implied Covenants.—In the letting of furnished houses there is an implied covenant by the landlord for quiet enjoyment; and in all cases the tenant, on his part, is under an implied covenant to pay the rent, and where there is a yearly tenancy, to use the premises in a fair and reasonable manner, but he is under no obligation to do substantial or general repairs. In the case of a tenancy for a term of years, the obligations of the tenant are, practically, in every instance expressly defined by special agreement.
Express Covenants.—Where an agreement is entered into for a lease to be subsequently executed but nothing is said as to covenants, or it is stated to be subject to the "usual" covenants, the only covenants that can be insisted upon are the following:—
1. By the tenant.—To pay the rent; to pay tenants' rates and taxes; to keep and deliver up the premises in repair; to allow the landlord to enter and view the state of repair. 2. By the landlord.—That the tenant shall not be disturbed in his possession of the premises either by the landlord or by any person claiming under him.
A proviso for re-entry may also be required, but in the absence of express stipulation it must be limited to the case of a breach of the covenant to pay rent. If any other covenants are desired they must be expressly stated.
The following covenants are often stipulated for:—
That the tenant—Shall not assign or underlet the premises or any part thereof; shall not use the premises otherwise than as a dwelling-house; will insure the premises. The covenants which have been referred to will be found dealt with under their respective heads.
1. Covenant to pay Rent—The fact that the premises have been destroyed by fire or other inevitable accident will not relieve the tenant from his obligation to pay rent, unless otherwise expressly provided. This is so, even where there is only an implied covenant to pay rent. Where there is a proviso that the rent shall be suspended in the event of fire, flood, storm, tempest, or "other inevitable accident," only such accidents as are of a similar nature to a fire, or flood, etc., are included. Thus if the building collapse by reason of the weight imposed upon it, such accident will not be within the exception.
2. Covenant to pay Rates and Taxes.—In the case of furnished houses or apartments, the rates and taxes are paid, as a rule, by the landlord. So, too, in the case of flats. In yearly tenancies the tenant, as a rule, is only liable for the payment of what are known as "tenants' rates and taxes." In leases for a term of years, the payment of rates and taxes is usually the subject of express agreement, under which the tenant is generally made liable for something more than "tenants' usual rates and taxes." And unless particular attention is paid to the wording of the covenant, very onerous conditions are sometimes imposed upon the tenant. For instance, the insertion of the words "outgoings," "impositions" or "assessments" may involve the tenant in a liability to pay, among other things, for the cost of new drainage which has been ordered to be done by the sanitary authority or the expenses charged on the premises in respect to the making, paving and channelling of the road, on its being taken over by the highway authority.
Tenants' usual rates and taxes.—Unless otherwise provided, the following are payable by the tenant. and are known as "the tenants' usual rates and taxes"—Poor rates (except in tenancies for not more than three months); ​inhabited house duty; county, borough and highway rates; general district rates and improvement rates; water and gas rates.
Landlord's taxes.—The following are payable by the landlord, and cannot by any express agreement be imposed on the tenant:
Landlord's property tax.—Though this tax is actually collected by the Revenue authorities from the tenant, he is entitled to deduct the amount paid from the next payment of rent, and the landlord is bound to allow such deduction under a penalty of £50.
Tithe rent-charge.—Since the Tithe Act, 1891, no contract can be made between a landlord and tenant whereby the latter is to pay the tithes. Where, however, there is an existing agreement to do so, made prior to that date, the tenant must pay his landlord a sum equivalent to the value of the tithe.
Rates and taxes payable by landlord, unless otherwise agreed.—The following are primarily payable by the landlord, but may, by express agreement, be made payable by the tenant:—Land tax;sewers rates; special assessments under local Acts for the purpose of permanent improvements. The above rates and taxes are, in fact, usually paid in the first instance by the tenant, but may be deducted by him from his rent in the absence of special agreement to the contrary.
Covenant to Repair.—Where the tenant has undertaken to do repairs, the extent of his responsibility necessarily depends on the wording of the particular covenant; but a general undertaking to repair is satisfied by the tenant keeping the premises as nearly as possible in the same condition as that in which they were when he became tenant of them, allowing for the necessary deterioration caused by time and the effects of the climate. In tenancies for not more than three years, the usual provision is that the tenant shall keep the premises in good and tenantable repair, reasonable wear and tear and damage by fire and tempest excepted. Without this proviso, a tenant who had covenanted to keep the premises in repair would be bound to rebuild them if destroyed by fire or lightning. The obligation to keep the premises in "good tenantable repair" is to keep them in such repair, as, having regard to the age, character and locality of the house, would make it reasonably fit for the occupation of a person of the class who would be likely to take it.
No obligation to repair in the absence of agreement.—In the absence of special agreement, there is no obligation on the landlord to do any repairs. Even if the premises become uninhabitable through want of repair, the tenant must nevertheless pay his rent; and if he sustains any personal injury through the defective condition of the premises the landlord will not be responsible.
Flats.—Where, however, premises are let in flats, the landlord is responsible for the condition of the stairs, which remain in his possession and control; and his liability extends not only towards his tenants but also towards such persons as may in the ordinary course of business make use of the stairs. Whether there is in respect to such premises an implied obligation on the landlord to keep the roof in repair, so as to render him liable under any circumstances if damage is caused by its defective condition, has not been determined; but where the landlord failed to clear the gutters as soon as he ought to have done after notice that they were choked, it was held that he was liable for the damage sustained in consequence by one of his tenants. Where injury is caused to a tenant of such premises by an escape of water, which has been laid on for his benefit as well as that of the other occupants, the landlord is not responsible in the absence of negligence.
Extent of landlord's liability where he agrees to do repairs.—If the landlord ​has, in fact, undertaken to do repairs, he is under no responsibility until notice has been given him of the want of repair; that he had the means of knowing is not sufficient. If the landlord fail to do the repairs after notice, the tenant is not entitled to do them himself and deduct the cost from his rent; his only remedy is to sue for damages for breach of covenant.
Where a landlord lets a house in a defective condition and agrees to repair it, but neglects to do so, and in consequence of the defective condition the tenant or his wife are injured, the landlord is liable; and presumably such would be the case if injury were sustained by one of the tenant's children.
Covenant to allow the Landlord to enter and view the State of Repair.—In the absence of agreement, the landlord has no right to enter the premises except in the case of agricultural holdings—in respect to which the right to do so is now given him by statute.
Covenant by Landlord for quiet enjoyment of the Premises by the Tenant.—The essential object of this covenant is to protect the tenant against a disturbance of his possession by any person claiming a right to the premises by, through or under the landlord. In the case of trespass by any other person, the only remedy is against such wrongdoer, at the instance of the tenant. The above covenant will also prevent the landlord from committing any physical disturbance of the tenant's quiet enjoyment, as, for instance, by erecting in close proximity to the premises a building of such height as to cause the tenant's chimneys to smoke. So, too, if the landlord lets certain rooms in a house under a covenant for quiet enjoyment, he cannot let other rooms over them to another tenant for dancing and entertainment without committing a breach of the covenant.
Covenant by Tenant not to assign or underlet the Premises or any Part thereof without the Assent of the Landlord.—Unless the lease is expressly determinable upon breach of such covenant, and the landlord determine it accordingly, an assignment though made without his assent will not be invalid; but the person to whom the assignment has been made will himself he bound by the terms of the lease. Not unfrequently the covenant in question is qualified by the stipulation that the landlord's assent shall not be unreasonably withheld; in which case, if his assent be applied for but refused, the tenant may make the assignment or under-lease without committing a breach of his undertaking, provided he can, if called upon, show that the landlord's refusal to assent was in fact, unreasonable; but unless he had actually applied for such assent, it would clearly be a breach of his covenant. Where the assent is required to be in writing, the tenant cannot safely act upon an assent given verbally.
In the absence of express agreement, no fine or sum of money in the nature of a fine can be obtained by the landlord in respect to his licence or assent. This does not, however, prevent him from requiring, as a condition on which he will grant this assent, the deposit of a sum of money by way of security for the performance of the obligations under the lease.
A covenant against assignment only does not prevent the tenant from underletting, unless the covenant forbids an assignment for the whole or any part of the term.
Covenant by the Tenant not to use the Premises otherwise than as a Private House.—The use of the premises either as a day school or boarding school, or as an art studio for instruction of pupils, or as an office for the receipt of orders, or the exhibition of goods for sale, will constitute a breach of the above covenant. So, too, the carrying on the business of a lodging-house, or the use of the premises as a boarding-house for scholars attending a school in the school kept by the tenant, although the house be not advertised as a residence for pupils.
Covenant to Insure the Premises.—On a breach of this covenant the tenant is, if there has been no loss, liable for the cost of effecting the necessary ​insurance; but if there has been a loss, the damages recoverable from him will be the value of that which ought to have been insured. Though the landlord may himself have insured the premises, the tenant will not be absolved from his liability to rebuild, if he has covenanted to keep the premises in repair, without any proviso or exemption in the case of fire or tempest (see p. 1960). And, in the absence of express agreement, the landlord is under no obligation to lay out any money he has received from his insurers in re-instating the premises. But there seems to be no reason why the tenant should not be able to compel the insurance company to expend the insurance money in rebuilding, instead of paying it to the landlord; at any rate, where the tenant has insured, the landlord can compel them to thus apply the money.
Forfeiture of a lease for Breach of Covenant.—Upon a breach of covenant by the tenant, the landlord may bring an action for damages, or he may, in cases where the lease contains a proviso for re-entry on the breach of any covenant, treat such breach as a ground for forfeiture of the lease. With regard, however, to covenants other than those by which the tenant undertakes to pay rent or not to assign or underlet, the landlord cannot enforce the right of re-entry, by action or otherwise, unless he has served upon the tenant a notice in writing, specifying the particular breach complained of, requiring him to remedy it, if practicable, and to make compensation if it be desired and the tenant has failed to comply with such notice within a reasonable time. And, even then, it is open to the tenant in such cases to apply to the Court for relief against forfeiture, which the Court has discretion to grant upon such terms as seem fit.
With regard to the breach of a covenant for non-payment of rent, if an action is brought for forfeiture, the tenant may stay proceedings by tendering or paying into Court the rent and costs; and where the landlord has, in fact, entered without an action, the tenant may obtain relief by an action.
Unless the lease provides for re-entry on non-payment of rent, "whether the same be demanded or not," the landlord or his agent must make a formal demand for the rent, on the premises, at a convenient time before, and at, sunset on the day on which the rent becomes due. But if not less than half a year's rent has become due, and there is no sufficient distress to be found on the premises, the landlord may serve the tenant with a writ of ejectment, without any formal demand. As to the summary means of recovering possession on non-payment of rent which exists in certain cases, see Recovery of Premises, p. 1966. In the case of a covenant not to assign or sub-let, no notice is required to be given prior to the exercise of the right of re-entry, and no relief from forfeiture can be obtained, except in favour of an under-lessee who had no reason to suppose that the landlord's consent to his underlease was necessary.
Waiver of the right to re-enter.—Except in the case of a forfeiture on the ground of half a year's rent being in arrear and no sufficient distress being found on the premises, the acceptance of rent, or a distress for the same, amounts to a waiver of the right to re-enter; and, similarly, where there is a continuing breach, as in the case of a covenant to repair or insure, either of the acts referred to will constitute a waiver of the right to re-enter, in respect to any breach committed prior to the time the rent became due or the distress was levied as the case may be.
Rent.
When due and payable.—As a general rule the time at which rent is payable is stated in the lease. Where, however, no time is specified and the rent is expressed to be a yearly rent, that is to say, at so much a year, it is not payable till the expiration of the year, unless otherwise expressly provided. As a general rule in residential occupations the rent is made payable quarterly, and on the recognized quarter days. In the case of a quarterly, monthly, or weekly tenancy it is, of course, payable at the end of the quarter, etc. The rent becomes due at sunrise of the day on which it is payable, but cannot be ​treated as being in arrear until midnight of that day, that is to say, proceedings for its recovery by distress or otherwise could not be taken till the next day.
Deductions from.—Where the tenant, in order to protect himself in the enjoyment of the premises, is compelled to make a payment which, as between himself and his landlord, ought to have been paid by the landlord, the tenant has an implied authority to make such payment and deduct it from his rent. This applies to the payment by the tenant of the landlord's rates and taxes, the payment of ground rent, or any other rent to a superior landlord, who can distrain upon the tenant if it be not paid. In the absence of express agreement, no other deduction can be made from the rent.
Payment in advance.—Rent is sometimes, by special agreement, made payable in advance, in which case it becomes due in advance and can be recovered accordingly. But unless it is expressly so stipulated, there is risk in paying rent in advance, for if the landlord has mortgaged or assigned his reversion in the premises, the payment of rent in advance to the landlord will not prevent the mortgagee or assignee from claiming it over again at the time it properly becomes due, provided he has, at any time prior to that date, given notice to the tenant to pay it to him.
Recovery of, when in arrear.—Rent in arrear is recoverable by action or by distress.
Distress.
When capable of being made.—Distress may be levied between sunrise and sunset on any day (other than Sunday) after that on which the rent became due; and without any previous demand for the rent. It cannot be levied alter the issue of a writ to enforce forfeiture; and in cases where the tenant continues in possession after the end of the tenancy, it can only be levied within six months after that date.
What rent may be recovered by distress.—The rent recoverable is limited to six years' arrears, or in the case of agricultural holdings, one year's rent only. Where, however, according to the ordinary dealing between the landlord and tenant of an agricultural holding, payment of rent is allowed to be deferred until the expiration of a quarter or a half year after it legally became due, the year within which distress may be levied will not begin to run until the expiration of such quarter or half year; but this does not prevent the landlord from distraining at any time after the rent legally became due.
By whom leviable.—Distress can only be levied by the landlord himself or by some person authorized in writing by a county court judge, or registrar, to act as a bailiff. Upon request by the tenant such bailiff must produce his certificate.
How levied.—Entry for the purpose of levying distress can only be effected by means of an open, or, if closed, an unfastened door, or by an open window or other open means of access. It cannot be effected by breaking open an outer door to any premises, or by unfastening or opening any window or skylight which is closed. If, however, a window, etc., is partially open, it may be further opened, and if the glass is broken there is no objection to using the opening thus afforded for the purpose of unfastening the window, etc.
Upon entry, the rent must be demanded, and if the distress be made by a bailiff. he must show his warrant from the landlord. If the rent and costs paid or tendered, goods sufficient to meet the tenant's liability may be seized and for this purpose inner doors may be broken open. Notice that the goods have been seized is then given, and an inventory is made and handed to the tenant. Unless before the expiration of five days (which may, on the written request of the tenant, be extended to fifteen days) the tenant pays the rent and costs, the goods can then be sold either on the premises or elsewhere.Appraisement of the goods is not necessary unless requested ​by the tenant or the owner of the goods distrained. Any balance that remains from the sale should be left in the hands of the sheriff or under-sheriff of the county, or the constable of the place, for the owner's use.
Costs of distress.—The fees, charges and expenses of levying a distress are fixed by statute; and in case of any dispute, the amount charged may be taxed by the registrar of the County Court in the district in which the distress was levied.
Goods which may, or may not, be seized under a distress.—Distress may, subject to the exceptions given below, be levied upon any goods on the premises in respect to which the rent is payable, whether they belong to the tenant or other persons; but cannot be levied on goods elsewhere except by agreement, and except in cases where the tenant has fraudulently removed any of his goods for the purpose of avoiding distress.
Goods exempt from distress are:—I. Things affixed to the premises, e.g. a chimney-piece, or an anvil in a blacksmith's shop. 2. Goods delivered to the tenant in the way of his trade, e.g. a horse sent to be shod. A picture sent to an artist to be altered would not be protected, as an artist is not a trader. 3. Goods of a perishable nature, among which wine is not included. 4. Things in actual use, e.g. a horse that is being actually ridden. 5. Loose money. 6. Wearing apparel, bedstead and bedding, and tools to the value of £5,except where the tenant's term has expired, rent has been demanded, and distress made not less than seven days after such demand. 7. Goods belonging to a lodger, provided he has complied with certain requirements;and 8. In cases where there are other goods of sufficient value and immediately available to answer the distress (excluding any goods belonging to a stranger, which the landlord may not choose to take), tools and implements of trade, not otherwise exempt as being within class 6 above. There are also other exemptions which are of an exceptional character or only affect agricultural holdings.
Fraudulent removal of goods by the tenant for the purpose of evading distress.—Where a tenant, after the rent becomes due (including the actual day it falls due), fraudulently, that is to say, with a view to evading distress, removes from the premises any of his goods which are liable to be distrained on, the landlord may within thirty days after such removal seize the goods wherever they are to be found, provided they have not before such seizure been sold bonâ fide and for value to any person not privy to such fraud. The tenant, and also any person assisting in the fraud, is liable to an action for double the value of the goods removed. The above provision does not apply where the goods are removed at the end of the tenancy.
Moreover, in the Metropolitan police district, any constable is empowered to stop and detain, until due inquiry can be made, all carts or carriages which he shall find employed in removing furniture from any house or lodging between 8 p.m. and 6 a.m., or whenever he shall have good cause for believing that such removal is made for the purpose of evading payment of rent.
Illegal, Irregular or excessive distress by the landlord.—If the tenant complains that the distress was illegal or irregular, or was excessive that is to say, that more goods were seized than was reasonably necessary to satisfy the claim there are various remedies open to him; in resorting to which he should be careful to take legal advice at the earliest possible moment, as the procedure is technical and complicated. This statement, however, does not apply to the summary remedy given by statute to those persons within the Metropolitan police district who occupy any house or lodging by the week or month, at a rental not exceeding £5 a year. On complaint by such person to a magistrate, the magistrate may summon the person complained against to appear, and if satisfied that the distress was improperly taken, or unfairly ​disposed of, or the charges made were contrary to law, or that the proceeds of sale have not been duly accounted for to the owner, the magistrate may order the distress, if not sold, to be returned to the tenant on payment of the rent; or, if sold, he may order the value thereof, after deducting the rent due, to be paid to the tenant.
And on complaint to a court of summary jurisdiction that wearing apparel, bedding or tools which are exempt from distress, have, in fact, been taken, a summary order for their return or the payment to the tenant of a sum equal to their value may be made.
Notice to Quit.—Where the premises have been let for a definite period, the tenancy terminates at the end of that period without any notice on either side. In other cases it can only be determined by notice. In the absence agreement or local custom to the contrary the length of notice required is as follows:—In the case of a weekly, monthly or quarterly tenancy, a reasonable notice is necessary; at any rate, a week's, or month's, or quarter's notice, as the case may be, expiring at the end of a week or month, etc., will be sufficient.
Where there is a yearly tenancy, that is to say, a tenancy from year to year, six months' notice, or in the case of an agricultural holding, twelve months' notice, expiring at the time of year at which the tenancy commenced. And it it is agreed that a three months' or other notice shall be sufficient to terminate such tenancy, it must likewise be given so as to expire at a period corresponding with that at which it commenced—unless otherwise provided.
Where a tenant enters in the middle of a quarter, it may be that it is definitely agreed that the tenancy shall commence at the time of entry; but if such is not the case, and the tenant by agreement pays a proportionate rent for the broken quarter and thenceforward on the usual quarter days, the tenancy will be deemed to commence on the first of such quarter days. So, too, where, the broken period being disregarded, it is expressly provided that the first payment of rent shall be on the quarter day next but one. A tenancy for a year and so on from year to year can only be determined by a sixmonths' notice, expiring at the end of the second or some subsequent year. The notice may be given either verbally or in writing, but having regard to the trouble and difficulty involved in proving a verbal notice it is advisable it be in writing.
Holding over by Tenant after Notice given.—If a tenant holds over after to leave given by himself, he is liable for double rent; and if a tenant from year to year or for a term of years wilfullyholds over after the expiration of his term, and a written demand for possession has been given by the landlord, he is liable for double the actual rental value of the premises. Where the tenancy is terminated by a notice to quit from the landlord, the notice to quit is in itself a sufficient demand for possession. Such double value is recoverable by action as a debt, and such double rent is recoverable either by action or by distress leviable as in the case of ordinary rent. Though a tennnant who has underlet is responsible for the holding over by his sub-tenant, he is not liable for double value in such cases, unless the holding over be shown to have been with his assent or authority.
Recovery of the Premises.
Where the tenancy ends or is determined by notice to quit.—If the tenant refuse to deliver up possession, the landlord's remedy is to bring an action of ejectment in the High Court, except where the annual value or the rent of the premises does not exceed £100, in which case his remedy is to proceed in the County Court either by an action of ejectment or by an action for the recovery of possession, the latter being a more summary method and applicable to small holdings. And in the case of a holding at a rental not ​eceeding £20 a year, for any term not exceeding seven years, the landlord may give the tenant a statutory notice that unless within seven days of such notice the premises are given up to him, he will apply to two justices of the peace (or to the stipendiary magistrate, in a town), and on such application the justices (or magistrate) may, if the claim be proved, issue to the constables of the district a warrant commanding them, within a period to be named (but not less than twenty-one, nor more than thirty, days from the date of the warrant), to enter, by force if necessary, and give possession to the landlord.
Upon forfeiture of the lease.—Where there has been a forfeiture of the lease for non-payment of rent, a special means of recovering the premises is available to the landlord under the particular circumstances stated below. Otherwise, where there has been a forfeiture for breach of covenant, the premises are recoverable in the same way as in cases where the tenancy has been terminated by a notice to quit (as to which, see above), except that there appears to be some doubt whether the remedy in the County Court is not limited to an action of ejectment, that is to say, whether the more summary method of bringing an action for recovery of possession can be resorted to.
Upon forfeiture of lease for non-payment of rent, in certain cases.—Where the rent of any premises, of which the value or rent does not exceed £100 a year, is half a year in arrear, and the landlord has a right by law to re-enter for non-payment of the rent, he may, without any formal demand for the rent, enter a plaint in the County Court for the recovery of the premises; and upon proof that the rent remains unpaid and that there is no sufficient distress, an order may be made that possession be given up at a certain date (but not less than four weeks from the time the case is heard), unless within that period the rent and all costs incurred be paid.
Fixtures.
What are fixtures.—That which is attached to the soil so as to become part of the freehold, or is affixed to an original building so as to be incorporated in it, is deemed to be "a fixture." Whether a building, etc., has been so attached to the soil is a question of fact. That it rests on the ground is not, in itself, sufficient; for instance, if a conservatory be erected upon dwarf walls, with a wooden course or coping upon which the conservatory stands, the conservatory down to and including the wooden course is not a fixture. Whether an article has been so affixed to a building as to become incorporated with it is a question of fact. That it has not been so incorporated may be shown either from the mode in which, or the object for which, it was affixed.
Tenants' right to remove limited to certain cases.—That which is, in fact, a fixture cannot, in the absence of agreement or custom to the contrary, be removed by the tenant at the end of his term, if put up either by the landlord or by a previous tenant, or by the tenant himself during a previous tenancy; nor can the tenant remove it even if put up by him during his tenancy, unless it be within one or other of the exceptions given below. Thus he is not entitled to remove any tree or plant growing in the soil, though planted by himself; but he may, of course, take any fruit, vegetables or flowers that have sufficiently matured to be reasonably fit for use or decoration.
Fixtures removable by Tenant.—1. Fixtures for trade purposes: thus a gardener may remove all the plants which form his stock-in-trade, and his glass-houses. The exemption does not, however, extend to buildings of a permanent or substantial character, except in the case of a holding which is expressly let as a market garden, in respect to which particular privileges are given by statute.
2. Fixtures for agricultural purposes: the right of removal with regard to which, in the case of ordinary agricultural holdings, has been the subject of special statutes. There are also special statutory provisions enabling the tenant to remove fixtures in the case of: (a) holdings, which it is agreed in writing shall be let or treated as market gardens; (b) allotments let by a district or parish council; (c) small holdings let by a county council.
​3. Fixtures merely for the purpose of ornament or convenience. Under the former head are such things as looking-glasses, ornamental chimneypieces, cornices, window blinds, marble slabs, and wainscot fixed to the wall by screws. Under the latter head are stoves and grates fixed in brickwork, hanging pegs, cupboards and shelves fixed by holdfasts, ovens and ranges, pumps, fixed tables and book-cases, bells, gas and electric fittings. The right to remove them is not, however, absolute, but subject to the condition that they have not been affixed in such a manner as to indicate an intention that they should form part of the premises, and is dependent on their being capable of removal without causing a substantial injury to the premises.
Where the tenant, being entitled to do so, removes a fixture, he must make good any damage done in the removal; and when a fixture has been put up by the tenant in place of something originally affixed to the premises, he must, after taking down his own fixture, replace the former article or another of a similar kind.
Time within which right of removal must be exercised.—The tenant's right to remove fixtures is strictly limited to the continuance of the tenancy. After the tenancy has expired, or been terminated by forfeiture, he cannot legally remove them without the landlord's consent; but if the landlord then permits their removal, he thereby relinquishes all claim to them. If the outgoing tenant sells his fixtures to the incoming tenant, and the latter is unable to pay for them, the outgoing tenant is in the same position as in any other case where he fails to remove them before the expiration of the tenancy.
Assignment and Under-letting.—A tenant by assigning his tenancy does not thereby relieve himself from liability upon the covenants contained in his lease, though he parts with all interest in the premises. He should, therefore, take care to obtain from the person to whom he assigns proper covenants for indemnity, in case of their non-fulfilment. An assignment is required to be by deed.
An underletting for the whole residue of the term granted to the tenant is equivalent to an assignment, and has the same consequences. But an underletting for the residue of the term less any period even one day secures a reversion to the person underletting, and creates the relation of landlord and tenant between the parties. Consequently, the person underletting may provide for the proper performance of covenants by inserting in the underlease a proviso for re-entry.
Position of an assignee and of an under-tenant.—An assignee, so long as he remains assignee, is liable to the lessor upon the covenants in the lease so far as they affect the use of the premises (known as "covenants running with the land"), but he is not liable for any purely personal covenants into which the original lessee entered. If, however, an assignee re-assign, he ceases to be under any liability from the date of re-assignment.
An under-tenant is under no direct liability to a superior landlord.
LAND TAX
Nature of the Tax.—Every parish in England and Wales was in the year 1798 made liable for the annual payment of a fixed sum, which was to be raised by means of a tax known as Land Tax.
But inasmuch as the owners of property were empowered to redeem the tax thereon by the payment of a capital sum, the tax has in many parishes been entirely redeemed, and in others to a certain extent. Where the whole or part of the sum originally due from any parish is still payable a rate of so much in the pound has to be levied upon the net annual value of such lands and tenements as remain liable to the tax, in order to raise the amount required; but it has been provided within recent years, that the assessment is not to exceed 1s. in the pound, and that any excess must be remitted.
Exemption or Abatement allowed in certain Cases.—Under a statute passed ​in 1898, it is provided that the tax is not to be collected from any person who, before it is paid, produces to the collector a certificate from the Surveyor of Taxes, showing that he has been allowed for that year a total exemption from income tax, by reason of his income not exceeding £160. And only half of the tax is to be collected from any person who is similarly able to show that he has been allowed an abatement of income tax by reason of his income not exceeding £400.
It is very necessary to remember that such total or partial exemption must be claimed before the tax is paid, for if the property in respect to which the tax is payable is let, and the tenant by whom the tax is payable in the first instance should pay it, there is no means of subsequently recovering it back.
Payment of.—The 'year of assessment is from March 25 to the following March 24, both inclusive. The tax is payable on or before January 1 in the year of assessment, and is collected from the occupier of the premises. Where the premises are let to a tenant, he may, in the absence of agreement to the contrary, deduct the amount paid by him from his next payment of rent. If the tax be not paid, it may be recovered in the same way as income tax in arrear, see p. 1952.
Appeal against Assessment.—If any person is dissatisfied with regard to the amount at which he is assessed, he may appeal to the Commissioners of Land Tax, whose decision is final. Notice of the time and place at which such appeals will be heard will be found affixed on or near the door of the perish church. Notice of appeal must be given to the assessor,' in order that he may have an opportunity to attend to justify the assessment if he wishes to do so.
If the tax be charged on property which has, in fact, been redeemed, there is no necessity to appeal against the assessment. It may be treated as a nullity, and if a distress be levied for any sum so assessed, damages may be claimed in an action for illegal distress.
Redemption.—As the tax is payable on the annual value of the land, the advisability of redeeming it before the land is improved or built on is manifest. The necessary particulars with regard to its redemption may be obtained on application to the Secretary, Land Tax Department, Somerset House, London, W.C.
LICENCES
A declaration must be duly made and licences obtained before the end of January in each year, or within twenty-one days after first becoming liable to the duty, by every person wearing or using armorial bearings, employing any male servant, or keeping any carriage or motor during any part of the year. Where a dog is kept, a licence for it must be taken out at once. The penalty for neglecting to make a return, or for making an untrue return, is ₤20.
Forms of declaration may be obtained at any Inland Revenue or Stamp Office, or Postal Money Order Office. The declaration, together with the duty, should be sent to the Revenue Office, etc., and if payment be made by cheque, the cheque should be drawn to the order of "The Collector of Inland Revenue," "Stamp Distributor of ———," or "Postmaster of ———," as the case may be, and crossed. It should be made to appear on the face of the cheque that it has been drawn for payment of Local Taxation Licences. Postage must be prepaid when the application for a licence is made by post, and when so made to a Postmaster, a stamped and addressed envelope must be enclosed for the reply. Licences are not transferable by law to any person except the widow, executor, administrator, or assignee in bankruptcy of the person to whom they were granted.
Duties Payable,
| | | £ | s. | d. |
| Armorial bearings. If to include use on a carriage or motor | Armorial bearings. If to include use on a carriage or motor | 2 | 2 | 0 |
| If not to include such use | If not to include such use | 1 | 1 | 0 |
| "Armorial bearings" means any armorial bearing, crest or ensign, by whatever name called, and whether registered in the College of Arms or not. Any person who keeps a carriage, whether owned or hired by him, will be deemed to wear and use any armorial bearings thereon. |||||
| Male servants (including a person employed to drive a motor car) | each | 0 | 15 | 0 |
| Dogs | each | 0 | 7 | 6 |
| No licence is required for a dog under six months old. The penalty for keeping a dog without a licence is ₤5; and every person in whose charge or possession, or in whose house or premises a dog is found or seen, will be deemed to be the person who keeps it, unless the contrary be proved. If a person who has taken out a licence does not produce it for inspection by any excise officer or police-constable, within a reasonable time after request, he will be liable to a penalty of £5. |||||
| Carriages (other than hackney carriages)— |
| (a) With four or more wheels— | (a) With four or more wheels— | £ | s. | d. |
| To be drawn, or adapted or fitted to be drawn, by two or more horses or mules | To be drawn, or adapted or fitted to be drawn, by two or more horses or mules | 2 | 2 | 0 |
| Ditto—if not used before the 1st of October | Ditto—if not used before the 1st of October | 1 | 1 | 0 |
| To be drawn, or adapted or fitted to be drawn, by one horse or mule only | To be drawn, or adapted or fitted to be drawn, by one horse or mule only | 1 | 1 | 0 |
| Ditto—if not used before the 1st of October | Ditto—if not used before the 1st of October | 0 | 10 | 6 |
| (b) With less than four wheels— ||
| To be drawn by horse or mule power, or drawn or propelled by mechanical power | To be drawn by horse or mule power, or drawn or propelled by mechanical power | 0 | 15 | 0 |
| Ditto—if not used before the 1st October | Ditto—if not used before the 1st October | 0 | 7 | 6 |
| For definition of "carriage," and general provisions with regard to them see below. |
| Motors, if within the definition of a "carriage,"—as to which, see following page,—are liable to the duty payable on carriages, and to an additional duty of £3 3s., where the weight, unladen, exceeds 2 tons, but is under 3 tons, or to a duty of £2 2s., where such weight exceeds 1 ton, but does not exceed 2 tons. |
| The total duty payable is, therefore, as follows:— |
| (a) Motors with four or more wheels— | (a) Motors with four or more wheels— | £ | s. | d. |
| Where weight, unladen, exceeds 2 tons but is under 3 tons | Where weight, unladen, exceeds 2 tons but is under 3 tons | 5 | 5 | 0 |
| Ditto—if not used before 1st October | Ditto—if not used before 1st October | 4 | 4 | 0 |
| Where weight, unladen, exceeds 1 ton, but does not exceed 2 tons | Where weight, unladen, exceeds 1 ton, but does not exceed 2 tons | 4 | 4 | 0 |
| Ditto—if not used before 1st October | Ditto—if not used before 1st October | 3 | 3 | 0 |
| Where the weight, unladen, does not exceed 1 ton (or amounts to 3 tons and upwards) | Where the weight, unladen, does not exceed 1 ton (or amounts to 3 tons and upwards) | 2 | 2 | 0 |
| Ditto—if not used before 1st October | Ditto—if not used before 1st October | 1 | 1 | 0 |
| (b) Motor bicycles and motor tricycles. | (b) Motor bicycles and motor tricycles. | 0 | 15 | 0 |
| Ditto—if not used before 1st October | Ditto—if not used before 1st October | 0 | 7 | 6 |
| In calculating the weight of a vehicle unladen, the weight of any water, fuel, or accumulators used for the purpose of propulsion is not to be included. |
General Provisions with regard to Carriages and Motors.
Where carriages or motors are kept at more places than one, the several places should be specified in the return.
​Additional licences must be taken out if, at any time during the year, more carriages or motors are kept than were specified in the first return. And where a person holding a licence becomes liable to a higher duty, owing to a change in the character of any carriage or motor, a fresh licence must be taken out within twenty-one days. If the full year's duty be paid for the first licence, the duty paid in respect to the first licence will be repaid by the collector.
By whom the duty is payable where the carriage or motor is hired.—Every person who lets any carriage or motor for hire for a less period than one year is deemed to be the person keeping it; but when the hiring is for a year or any longer period the hirer is deemed to keep the carriage or motor, and must take out a licence for it in his own name.
Definition of a "carriage" in respect to which duty is payable.—The term "carriage" means and includes any carriage (except a hackney carriage) drawn by a horse or mule, or horses or mules, or drawn or propelled upon a road or tramway, or elsewhere than upon a railway, by steam or electricity or any other mechanical power. This includes a motor tricycle or a motor bicycle, but does not include a waggon, cart or other such vehicle which is constructed and adapted for use, and is used solely for the conveyance of any goods or burden in the course of trade or husbandry, and whereon the Christian name and surname and place of abode or place of business of the person, or the name or style and principal or any place of business of the company or firm keeping the same, shall be visibly and legibly painted in letters of not less than one inch in length. "Hackney carriage" means any carriage standing and plying for hire, and includes any carriage let for hire by any person whose business it is to sell or let carriages for hire, provided that such carriage be not let for a period amounting to three months or more, otherwise a duty of 15s. will be payable.
Exemptions.—Carriages kept, but not used at any time within the year, are exempt.
LODGERS
Who are "Lodgers."—The distinction between a "lodger" and an "undertenant" is of importance for this reason: If the relation between the persons by whom, and to whom, respectively, the rooms or apartments are let is, in fact, that of landlord and tenant, the usual incidents of such relationship will attach; thus the payment to be made for the use of the rooms will be "rent" in the strict sense of the word, and will be recoverable by distress if not paid. Whereas, if the agreement between the parties merely amounts to a licence to use certain premises, the payment to be made for such right can only be enforced by action as an ordinary debt. Whether a person is a lodger or an under-tenant is a question of fact. The best practical test is whether the person who let the rooms retained to himself the right of general control over the premises, though he need not himself live on the premises.
The General Position of a Lodger.—Every lodger is entitled to the use of the door bell and knocker, if any, the skylights or windows of the staircase, and of the water-closet, unless the agreement expressly stipulates to the contrary.
The owner of the lodgings is not responsible for the safe keeping of the lodger's property, unless it has been delivered to him for that purpose and he has accepted the charge. He is, however, bound to exercise reasonable care, and will, therefore, be liable if loss or injury be caused by his gross negligence or misconduct. Thus, if his servant steal the lodger's property, he will not be responsible unless it be proved that he either knew of the servant's previous dishonesty or failed to make reasonable inquiry when engaging such servant.
Implied undertaking as to fitness for Habitation.—In the case of furnished apartments, there is an implied undertaking that they are reasonably fit for ​the purpose of habitation at the time they are let—as to which, see further, p. 1958.
Notice to Determine the Holding.—A reasonable notice must be given. In a monthly or weekly holding a month's or a week's notice respectively on either side would be sufficient.
The Lodger's Remedy where his Goods are distrained upon for Rent due to the Superior Landlord.—A lodger's goods are liable to distress for rent due to the superior landlord from his immediate tenant (that is, the person who let the lodgings), and, if necessary, in order to effect their seizure, the lodger's door may be broken open. The lodger, however, is now enabled by the Lodgers' Goods Protection Act to protect his goods, where a distress is levied or threatened to be levied, by serving on the superior landlord, or the bailiff, a declaration in writing and signed by him, stating that the immediate tenant has no right of property or beneficial interest in the furniture; that it is the property of, or in the lawful possession of the lodger, and also whether any rent is due from the lodger to his immediate landlord, and if any such rent is due, the amount and period for which payable. To this declaration a correct inventory, subscribed by the lodger, must be annexed.The lodger may then pay to the superior landlord, or bailiff, any rent which may be owing by him, or so much of it as may be sufficient to discharge the superior landlord's claim, and such payment will be deemed a valid payment on account of rent due from the lodger to his own landlord. If the superior landlord or bailiff, after service of such declaration and inventory and the payment or tender of any rent due from the lodger as above stated, levies, or proceeds with the distress, he will be guilty of an illegal distress, and the lodger may apply to a justice of the peace for an order for the restitution of the goods, and may bring an action for damages against such superior landlord.
The Act does not specify any time within which the declaration, etc., must be made, but it is sufficient if it be made at any time before the date at which the goods can lawfully be sold, that is to say, within five days after they have been seized (see p. 1963). If the superior landlord sells the goods before the expiration of the five days, the lodger may maintain an action for damages in respect to such illegal sale, whether he has made a declaration or not. Where, however, the sale takes place after the expiration of the five days, the sale is lawful; and if the lodger, by reason of absence or otherwise, has not made a previous declaration, he has no remedy against the superior landlord, and his only claim for redress will be against his own landlord.
MARRIAGE
Marriage is permissible in law between any persons not within the prohibited degrees of relationship which are set forth at the end of the Prayer Book. Among the marriages which are thus prohibited is that between a man and his deceased wife's sister. Inasmuch as there can be no marriage between such persons, any children of such union are illegitimate, and are, therefore, incapable of inheriting their parents' property. Their parents may, of course, provide for them by will; but even then such offspring will have to pay legacy duty at the same rate as entire strangers, that is to say, at the rate of 10 per cent where 1 per cent, would have been payable by them as children of a legitimate marriage. Where the parents intend to thus provide for their offspring they must describe them specifically in their wills, for the expression "children," when used in a will, only includes legitimate children, unless on the face of the will there is a clear indication to the contrary.
Marriage, Solemnization of.—Marriage in England or Wales is not permitted until the necessary authority has been obtained in one or other of the following ways:—
​I. By Publication of Banns,—Banns must be published for three Sundays preceding the marriage in the parish church of the parish in which the parties dwell, or in some church belonging to such parish and in which banns are accustomed to be published. If the parties dwell in different parishes, the banns must be published in both parishes.
Where, as is the case in many populous districts, part of a parish as defined for civil purposes has been constituted by the Ecclesiastical Commissioners a separate and distinct parish for ecclesiastical purposes, persons resident in such ecclesiastical parish must publish their banns in the church of that parish and not in "the mother parish."
The marriage must be solemnized within three months after the publication of the banns, otherwise they will have to be re-published.
Notice to be given to the Rector, etc.—Seven days at least before the time required for the publication of the banns the parties must deliver to the incumbent a notice in writing, dated on the day of delivery, giving their true Christian names and surnames, their addresses within the parish, and the time during which they have lived at such address.
Due publication of the banns.—After the marriage has taken place no question can be raised as to the residence of the parties. But if persons knowingly and wilfully intermarry without due publication of their banns, the marriage will be void; and it must be remembered that there can be no "due publication of the banns" if the parties fraudulently alter any of their names in such a way as to prevent their recognition. But the fact that one of the parties has fraudulently altered a name without the knowledge of the other will not affect the marriage.
Consent of parents, when required.—Where one of the parties, not being a widow, or widower, is under age, consent to the marriage must be obtained from the father, or, if he be dead, from the guardian appointed under his will, or if there be no such guardian, from the mother. If the marriage be, in fact, solemnized without such consent it will nevertheless be valid.
Where either of the parties is under age after the banns have been published, their publication will be void if at their publication either of the parents or the guardian of such person objected thereto.
Solemnization of the marriage.—The marriage can only be solemnized in the church, or one of the churches, in which the banns were published. Where, by reason of the parties being resident in separate parishes, the banns of one of them has been published in a church other than that in which the marriage is to take place, a certificate of the due publication of the banns in the former must be obtained from the incumbent thereof, and delivered to the clergyman of the parish in which the marriage is to be solemnized. The ceremony must be performed between 8 a.m. and 3 p.m., and in the presence of two or more credible witnesses, besides the clergyman. The marriage must be registered immediately after it is solemnized, and the register must be signed by the clergyman, the parties married, and the witnesses.
II. By an Ecclesiastical Licence—which may be either an ordinary licence or a special licence.
(1) An ordinary licence is an authority granted by a bishop by which a marriage is permitted to be solemnized without the publication of banns. Whether such licence can be obtained otherwise than as a matter of grace is more than doubtful. In any case, in order to obtain it, one of the parties must personally swear before the surrogate or other person having authority to grant it, that he believes there is no impediment to the marriage; that one of the parties has for fifteen days immediately preceding resided in the parish in which it is to be solemnized; and, where either of the parties (not being a widow or widower) is under twenty-one, that the consent of the parents or guardians has been obtained, or that there are no parents or guardians.
The marriage can only be solemnized in a church belonging to the parish in which one of the parties has so resided for fifteen days; and is subject to the ​same rules and requirements as apply to a marriage after publication of banns.
If the marriage be not solemnized within three months from the grant of the licence a fresh license will have to be obtained.
Such licences may be obtained upon personal application either at the Faculty Office, 23, Knightrider Street, Doctors' Commons, London, E.C., or at the Vicar-General's Office, 3, Creed Lane, Ludgate Hill, E.C. (between 10–4, or Saturdays, 10–2); or in the country, at the registry office of any bishop, or from some clergyman who has been appointed for the purpose by the bishop as his surrogate or deputy. Inasmuch as personal appearance is necessary, and the affidavit to be sworn has to be prepared from the personal instructions of one of the parties to be married, the last-mentioned method is the more convenient; but it must be remembered that a licence obtained from a bishop's registry or from his surrogate is only available for a marriage in the diocese in which it is issued. A licence issued by the Faculty Office or the Vicar-General's Office is available in any diocese.
The fees payable are: for the licence itself, £1 10s.; stamp duty on the licence and on the affidavit, 10s. and 2d. 6d. respectively.
(2) A special licence is an authority granted by the Archbishop of Canterbury to marry at any convenient time or place; and is only obtainable in exceptional circumstances. On such licences there is a stamp duty of £5, and the total amount payable in fees and duty is about £30. Application for such licence must be made to the Faculty Office, 23, Knightrider Street, E.C.
III. By the Certificate or Licence of a Superintendent Registrar of Marriages.— The certificate of notice and the licence to marry obtainable from a superintendent registrar of marriages are the civil forms which may be adopted instead of a publication of banns in church and the licence granted by a bishop respectively (as to which, see previous page). A certificate of notice takes twenty-one days to obtain, and a licence is obtainable on the expiration of one day after notice; and neither is available for more than three months.
Where it is intended to obtain such certificate, or licence, the following notice, or one to a like effect, must be given by one of the parties to the superintendent registrar of the district in which the parties have dwelt for not less than seven days immediately preceding such notice, if it is intended to apply for a certificate, or for not less than fifteen days where a licence is required. If the parties dwell in different districts such notice must be given to the registrar of each district, in cases where the marriage is not to be by licence.
Form of notice.—To the superintendent registrar of the district of Hendon in the County of Middlesex. I, the undersigned James Smith, hereby give you notice that a marriage is intended to be had without (or, by) licence between me the other party herein named and described; that is to say—
| Name and Surname | Condition. | Rank or Profession. | Age. | Dwelling place. | Length of Residence. | Church or building in which the marriage is to be solemnized. | District and County in which the parties respectively dwell. |
| James Smith | Widower | Ironmonger | 25 Years | 16, High Street, Hendon, Middlesex | [7 for 15] days | Sion Chapel, West Street, Tonbridge, Kent | Hendon, Middlesex |
| Martha Green | Spinster | | 19 years | Grove Farm, Tonbridge Kent | More than a month | | Tonbridge, Kent |
​And I hereby solemnly declare that I believe there is no impediment of kindred or alliance, or other lawful hindrance to the said marriage; and that I, the above-named James Smith, have for the space of seven (or fifteen) days immediately preceding the giving of this notice had my usual place of abode and residence (in the parish of, or in the ecclesiastical district of ) within the above-mentioned district of Hendon.
[And I further declare that I am not under the age of twenty-one, and that the other party herein named is not under twenty-one]; or
[And I further declare that I, not being a widower, am under the age of twenty-one (or that she the said Martha Green, not being a widow, is under twenty-one), and that the consent of George Kelpin, whose consent to my (or her) marriage is required by law, has been duly given and obtained thereto; or, "that there is no person whose consent to my (or her) marriage is by law required"—as the case may be.]
And I make the foregoing declaration solemnly and deliberately, conscientiously believing the same to be true, well knowing that every person who shall knowingly or wilfully make and sign or subscribe any false declaration, or who shall sign any false notice for the purpose of procuring a marriage, shall suffer the penalties of perjury. In witness whereof I have hereunto set and subscribed my hand this fifth day of January, 1905.
James Smith.
| Signed and declared by the above-named James Smith in the presence of | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | A. B. ( who must be the Superintendent Registrar, or the registrar for the district). |
Cases in which the marriage may be solemnized out of the district in which the parties dwell.—If the building in which the marriage is to be solemnized as stated in the notice, is not within the district wherein one of the parties has dwelt for the time required, a certificate cannot be granted unless there be endorsed on the notice a declaration that, to the best of the applicant's knowledge and belief, there is not within the district in which either of the parties dwell any registered building in which marriage is solemnized according to the rites of the sect or creed to which they belong. The nearest district in which such building exists must also be stated.
If the parties desire to be married at their usual place of worship, but such building is outside the district in which either of them lives, permission may be obtained if the facts be stated at the time the notice is given, and the building is situate not more than 2 miles beyond the limits of the district in which the notice is given.
Publication of notice.—The notice is entered in a book kept for the purpose by the superintendent registrar, who is entitled to a fee of 1s. for making such entry; and where the marriage is to be by licence a stamp duty of 2s. 6d. is payable. Where the marriage is not intended to be by licence the notice, or a copy of it, is exhibited at the office of the superintendent registrar for twenty-one days.
Objection to grant of certificate, etc.—Any person may, on payment of 5s., enter an objection to the grant of the certificate or licence. Such objection must be signed by or on behalf of the person by whom it is made, and must state his or her place of residence and the grounds of objection. It is for the superintendent registrar to satisfy himself as to the validity of such objection, and, if in doubt, he may refer to the Registrar-General, to whom the applicant also has a right to appeal against the decision of the superintendent registrar. Any person who enters an objection which the Registrar-General declares to be frivolous will be liable for damages and costs.
Grant of certificate or licence.—If at the expiration of twenty-one days from the entry of the notice no lawful impediment be shown, a certificate of ​notice will be obtainable on request and the payment of a fee of 1s. Where the marriage is to be by licence, a certificate of notice and the licence to marry will be obtainable, if there be no lawful impediment, at the expiration of one whole day after the entry of the notice, upon payment of 1s. for the certificate and £1 10s. for the licence. Upon a licence to marry, a stamp duty of 10s. is also payable.
Places in which the marriage may be solemnized.—
1. In any church within the district of the superintendent registrar, in the same way as a marriage after publication of banns, except that where the authority to marry is by virtue of a licence so obtained, it cannot be thus solemnized without the consent of the incumbent. The certificate (and licence, if such there be) must be delivered to the person officiating.
2. In any building certified according to law as a place of religious worship and registered as a place in which marriages may be solemnized; and according to such form or ceremony as the parties think fit to adopt, provided that in some part of the ceremony each of the parties declare that they take the other for their husband and wife respectively. The marriage must be with open doors, between 8 a.m. and 3 p.m.; and in the presence of some registrar of the district in which the building is registered, or, if the parties prefer, in the presence of some person certified as having been duly authorized for the purpose by the trustees or other governng body of the building or of some registered building in the same registration district. In either case, the marriage must also be in the presence of two or more credible witnesses.
Where a registrar attends he is entitled to a fee of 5s., or if the marriage be by licence, 10s.; and where he is not required to attend, a fee of 4s. is payable to the superintendent registrar, or if the marriage be by licence, a fee of 6s. 6d.
3. At the office and in the presence of the superintendent registrar, and in the presence of some registrar of the district, as well as two witnesses; and under the same conditions as in the previous case, except that there can be no religious or other ceremony. A fee of 10s. is payable to the registrar if the marriage be by licence, otherwise 5s.
The parties may, if they like, subsequently add any religious ceremony, but it will not supersede the marriage before the registrar, and will not be entered in the parish register.
Marriage when solemnized cannot be impeached on Ground of Non-compliance with Formalities.—When the marriage has been actually solemnized, its validity cannot then be questioned either on the ground that the parties did not comply with the requirements as to residence, or that any consent to the marriage which was required was not, in fact, obtained, or that the building in which it took place was not duly registered.
Marriage of Divorced Persons.—A clergyman of the Church of England may decline to marry a divorced person, but he cannot refuse to allow another clergyman within the diocese to officiate at his church for that purpose.
Certificates of Marriage may be obtained, on giving the name and date, either from the incumbent or from the superintendent registrar of marriages for the district in which the marriage took place, or from Somerset House,on payment of a fee of 2s. 6d. and a stamp duty of 1d. denoted by an adhesive stamp, which must be cancelled by the person giving the certificate.
MARRIED WOMEN, Property of
In 1882 the position of married women was entirely changed by the married Women's Property Act of that year; under which every woman married since January 1, 1883, is entitled to have and to hold as her separate estate any property which belonged to her at the time of marriage, or may be ​subsequently acquired by, or devolve upon, her. Moreover, any woman married before January 1, 1883, is similarly entitled to any property to which her title accrued after that date. But property to which her title accrued before that date will be subject to the law as it previously existed.Subject to this provision, a married woman is now capable of acquiring and holding any property as her own, and may dispose of it by will or otherwise in the same manner as if she were unmarried.
Remedies for Protection and security of a Married Woman's Property.— Every married woman is entitled to maintain in her own name against any person whomsoever, including her husband, the same civil remedies and also (subject to the proviso below as to her husband) the same remedies by way of criminal proceedings for the protection and security of her separate property, as if it belonged to her as an unmarried woman. No criminal proceedings however, can be taken by her against her husband while they are living together, in respect to any property claimed by her; nor while they are living apart, in respect to any act done by the husband while living with her with regard to her property, unless such property has been wrongfully taken by him when leaving or deserting her, or about to do so.
In any such proceedings a husband or wife are competent to give evidence against each other, and the wife or husband of any person charged under the above provision may be called as a witness for the prosecution or defence, and without the consent of the person charged.
Proceedings by Husband for Protection of his own Property.—If a wife does any act in respect to her husband's property, which if done by him in respect to her property would entitle her to take criminal proceedings against him, such proceedings may be taken by the husband against the wife, and under similar conditions.
Liability of Married Women for their Debts or Wrongful Acts.—A married woman is capable of entering into and rendering herself liable to the extent of her separate property on any contract, and of suing or being sued either on a contract or in respect to any wrongful act committed by her, as if she were unmarried. Any damages or costs, if recovered by her, will be her separate property; or if recovered against her will be payable out of her separate property, and not otherwise.
Any contract entered into by a married woman otherwise than as agent will be deemed to be entered into by her with respect to, and to bind, her separate property, whether she was or was not, in fact, possessed of or entitled to any at the time she made the contract. It will moreover bind any separate property of which she may subsequently become possessed or entitled to, and will also be enforceable against all property which she may after her marriage has ceased be possessed of or entitled to, provided that her separate property which at the time or afterwards she is restrained from anticipating cannot be taken to satisfy her liability.
Debts, etc., before marriage.—A woman after her marriage continues to be liable to the extent of her separate property for all debts, contracts, or wrongs committed by her before marriage. Any sum recovered against her will be payable out of her separate estate; and as between her and her husband, unless there be any contract to the contrary, her separate property will be deemed to be primarily liable for such debts or wrongs. A husband cannot maintain an action against his wife for money lent to her, or money paid for her at her request before their marriage. But he may do so, and charge her separate estate, in respect to money lent to her, or paid for her, after marriage, upon request by her, whether made before or after marriage. A married woman carrying on a trade separately from her husband is in ​respect to her separate property subject to the bankruptcy laws in the same way as if she were unmarried.
General Provisions with regard to Married Women.—A married woman may be an executrix or trustee. A married woman having separate property is liable for the maintenance of her husband if he becomes chargeable to the parish. She is also subject to the same liability as her husband for the maintenance of her children and grandchildren, but her husband is in no way relieved from his liability.
MASTER AND SERVANT
The Master's Duties.
Supply of food, lodging, clothing and medical attendance.—In the absence of agreement to the contrary, a master is bound to supply his servant with food and lodging, but he is not legally bound to provide him with medical attendance or medicine. If, however, the servant falls ill and the master calls in his own doctor, he cannot deduct the doctor's fees from the servant's wages, except by special agreement. If a master neglect to provide food or lodging he may become not only liable to an action by the servant, but also criminally responsible for his neglect, if it be wilful and the effect of such neglect is that the life of the servant is endangered or his health is, or is likely to be, permanently injured.
Payment of wages.—No deduction can be made from wages for breakages or damage to property, in the absence of special agreement to that effect. Wages in arrear may be recovered in the County Court, and the servant, though under the age of twenty-one, may sue in his, or her own name. Instead of providing the servant with food the master may, if he prefers, give "board wages" wherewith to procure it. Such wages must be sufficient to enable the servant to procure what is reasonably necessary for his maintenance. If such is the case, the servant cannot object; otherwise he may leave, and will be entitled to the remedies for wrongful dismissal.
Indemnity of Servant.—A master is bound to indemnify his servant against the direct, but not indirect, consequences of any act done by him in pursuance of the master's orders, provided that the act itself was not one which the servant knew, or must be presumed to have known, was illegal or unlawful.
The Servant's Duties.
To obey lawful orders.—It matters not how inconvenient or unreasonable the orders may be, provided they are lawful and within the scope of the employment.
To exercise care in the performance of his, or her, duties.
To abstain from doing that which he ought not to do— What a servant must not do only becomes of practical importance when he has, in fact, committed one or other of the prohibited acts, and thus given cause for his immediate dismissal—see Reasons for Dismissal.
Termination of the Contract of Service.
By dismissal 1 With notice.—By custom, the agreement is determinable by a calendar month's notice, or a month's wages in lieu of notice. "Wages" means ordinary, and not board, wages. The custom which is sometimes alleged to exist—that in the absence of any special agreement a master or servant may determine the service at the end of the first calendar month ​by a notice given at or before the expiration of the first fortnight is not such a well-established custom that the Courts will take judicial notice of it. Its existence must therefore be proved in each particular case in which the custom is relied on.
2. Without notice.—Even if the reason originally given for the servant's dismissal subsequently proves to have been insufficient, the master may nevertheless justify the dismissal if a good and valid reason, in fact, existed, though he was not at the time aware of it. If the servant is dismissed for good cause, or leaves without notice in the middle of a month, he is not entitled to any wages for the broken period subsequent to the last monthly pay day; but he is, of course, entitled to his wages for any completed month of service if such have not been paid. Where a servant receives as his wages so much a year in money and a suit of clothes, he is not entitled to keep the clothes if dismissed before the end of the current year. But if he has been wrongfully dismissed, the loss of the clothes will be taken into consideration in assessing the damages due to him.
By mutual agreement.—Where the service is thus terminated, the law will not imply any agreement to pay wages in respect to services rendered between the last day on which wages became due and the day on which the engagement was put an end to. It would, however, require very little evidence to show that the wages for the broken period were in fact payable either by implied agreement or by custom.
By death.—The contract of service is determined at once by the death of the master. If the legal representative or the head of the household allows the servant to stay on, and either expressly or impliedly accepts his services, a new engagement will be presumed. The servant is only entitled to any wages actually due, but a month's wages, as from the date of death, is usually given. Where the servant dies, his representatives, it appears, are entitled by custom, to wages for the broken period between the last pay day and the date of death.
Reasons for Dismissal without Notice.
I. Where the Cause Arises During the Course of Service.
Wilful disobedience of a lawful order.—It is not every trifling act of disobedience that will justify a dismissal without notice; and in one case it was held that a refusal to obey a lawful order to fetch some books did not justify such a course when the master, by his language and conduct, had provoked a quarrel, and the servant had, in fact, obeyed shortly after it was over.
Misconduct.—Theft or embezzlement of the master's property.—Where a servant is suspected of such offence there is no right to search his boxes without a warrant from a magistrate; Drunkenness, either habitual, or on one occasion only, if such as to render the servant incapable of performing his duties; Insolence, either habitual, or on one occasion only, if sufficiently gross,—an isolated instance of want of respect or ill-temper would not be sufficient; Violent conduct, tending to disturb the family,—removal by force, if necessary, may be resorted to; Immorality; Sleeping out at night. The misconduct need not necessarily occur in the actual performance of his service: for a servant is not entitled to flagrantly misconduct himself on holidays or Sundays or at other spare times.
Negligence.—If habitual or of a gross character.
Illness.—The mere temporary illness of a servant will not justify the master in putting an end to the engagement at once. It is otherwise where the illness is a permanent one, or one which from its nature is likely to (or, as a matter of fact does) last for a considerable time. In such cases the servant must be dismissed in distinct terms, and his wages paid up to date of dismissal. If nothing be said, and the servant be allowed to go into hospital, ​the engagement will continue; and when the servant has recovered, the master will not be entitled to treat him as being no longer in his service, nor will he be able to make any deduction from the servant's wages in respect to the period during which he was laid up.
II. Where the Cause Arises Previously to the Engagement.
That a servant has concealed or failed to disclose some material fact with regard to his position or qualification for the situation will not justify his dismissal without notice, unless he acted fraudulently. If, therefore, a master discovers that his servant has acted dishonestly or been guilty of immorality in his previous situation, he cannot dismiss him without notice, unless the fact was fraudulently concealed by the servant at the time he was engaged.
Subsequent effect of previous misconduct.—The fact that the servant is suffering from an illness which is due to some misconduct before he entered the master's service will not disentitle him to wages for the period during which he is laid up, if he had no reason to suppose at the time he obtained the situation that such consequences would result.
Reasons which justify a servant in leaving without Notice.—Danger to life or violence to the person. Additional risks, i.e. risks other than those which the servant must be presumed to have undertaken. Improper food. Immoral employment, that is to say, the master or mistress is leading an immoral life. Infectious disease in the house.—Whether the existence of such a disease in the house is a sufficient reason has not been decided, but it has been said in one case that a servant would be justified in disobeying an order not to leave the house if, owing to an infectious disease raging in it, he was obliged to go out for the preservation of his life. The question appears to depend on the amount of risk attaching in each case to the particular services which the servant may be called upon to perform in connexion with the illness, be it infectious or contagious. A servant who is justified in leaving without notice will be entitled to wages for such services as he may have actually rendered, and may also claim damages as in the case of wrongful dismissal.
Damages for Breach of Contract or Wrongful Dismissal.—If the master or servant, as the case may be, commits a breach of the agreement he will be liable to an action for damages, but the actual performance of the contract cannot be specifically enforced. If the service is to commence at a future date, but before that time comes the master expresses his intention of not fulfilling the contract or renders its performance impossible, the servant may sue at once. Where a servant is dismissed without due cause or proper notice, he may either treat the contract of service as at an end and sue independently of it for the value of the services he has actually rendered, or he may, as is usually the case, treat the contract as still existing and claim damages for its non-fulfilment. It must be remembered that although a servant may have been wrongfully dismissed, it is not merely his moral but his legal duty to seek other employment at once. He is not entitled to sit still until the expiration of the period in respect to which he would, under ordinary circumstances, have received wages, and then attempt to make the master liable to the utmost amount.
Servants' Characters.
Privileged communications.—A master is under no legal obligation to give his servant a character, but if he does he must only state that which he honestly believes to be true. Any statement so made, even if it refers to the servant's conduct after he left, is a privileged communication. If after giving his servant a good character, the master discovers circumstances which lead him to believe that the servant was not entitled to it, he will be justified in communicating with the new employer, and such communication, if made ​honestly and in good faith, will likewise be privileged. So, too, with regard to a communication made to the other servants as to why their fellowservant was dismissed, if the reason for his dismissal was such as to render it undesirable that they should continue to associate with him.
Where a master has been recommended a servant by other persons, he is justified in communicating with those persons in reference to the servant's conduct.
Where privileged communication is made maliciously.—If a statement is privileged no action for libel or slander can be maintained in respect to it, even if it was untrue, unless it can be shown that it was made maliciously. If the jury should find that the master "exceeded his privilege," it would not be sufficient to render him liable unless they also found that such excess indicated malice.
Evidence of malice.—Malice may be proved in various ways; among others, by showing that the statement was false to the knowledge of the master. His subsequent conduct may also afford an indication as to his motives. The fact that the statement as to the servant's character was made in the presence of a third person does not necessarily destroy the privilege, but it is one of the circumstances to be taken into account with regard to the question of malice; this does not, of course, apply where the third person is the husband or wife, as the case may be, of the former or the proposed employer. The mere fact that the master, of his own accord, communicated with the person who, he knows, is about to engage his former servant is not necessarily evidence of any malice on his part, though the jury would no doubt take that fact into consideration. Where the statement, though defamatory, is made by word of mouth (slander), and not in writing (libel), no damages can be recovered by the servant unless: (1) he can show that he has suffered some special or particular damage which was directly due to such false statement, as, for instance, that he lost the situation in consequence of it; or unless (2) the statement reflected on his capacity as a servant; or (3) imputed to him the commission of a criminal offence; or (4) charged him with suffering from a contagious disease involving some moral disgrace; or (5) in the case of a female, imputed to her unchastity or adultery.
Return of character or testimonials when the servant leaves.—A letter written in answer to inquiries is ordinarily considered to be the property of the person intending to engage the servant. And although it has sometimes been alleged that there is a custom by which a master is bound, if the servant leaves within the first month, to hand over the character so received to a subsequent master, such custom, even if its existence were proved, would be held to be unreasonable. On the other hand, a general testimonial of good character intended for future use must be restored to the servant when he leaves. If, however, the servant is discharged for misconduct, the master apparently may, and should, write upon it that the person to whom it relates was afterwards in his service and was dismissed for misbehaviour. But a master who maliciously defaces such testimonial by writing upon it a disparaging statement will be liable to substantial damages.
Liability involved in giving or using a false character.—If a master gives a character which he knows to be false and thereby induces another person to employ the servant, he will, if the servant misconducts himself, be liable for any injury which the new master may have sustained in consequence. It has also been said that if a servant were engaged with a good character from his last place and it afterwards came to the knowledge of the master that such character was undeserved, it would be dishonest to pass on the good character to a subsequent employer.
To forge a character with intent to obtain thereby a situation is an offence against the common law; and there are statutory provisions for preventing the giving and use of forged or counterfeit characters.
​Responsibility to Third Persons for Acts of Servants.
Wrongful act of servant.—A master is responsible for the wrongful acts or omissions of his servant when acting within the scope of his employment and when not engaged on some purpose of his own. Thus, if a coachman while driving his master's carriage, in pursuance of his ordinary duties, negligently drives into some one else's carriage, his master will be liable; but if the coachman takes his master's carriage out for his own purposes, the master will not be liable for any damage done by the coachman, even if the latter, by way of excuse, has called at certain places in connexion with the master's business. That the servant was acting in his or her master's interests is immaterial, if not at the time, in fact, acting within the scope of his employment. Thus, if a housemaid takes upon herself to clean a chimney, an operation usually performed by persons specially employed for that purpose, her master will not be liable for the consequences of her act. The master will, of course, be liable if he previously authorized the act or subsequently ratified it.
Debts incurred by servants.—With regard to goods ordered by a servant, the master is not responsible unless the servant had express or implied authority to pledge his credit. The servant's authority to do so will be implied if the master has previously paid for goods ordered by the servant on credit, and the master's liability will only be determinable by express notice to the tradesman.
NUISANCES
I. NUISANCES AT COMMON LAW
1. Private Nuisances.—A private nuisance consists in the interference with another person's rights. And where such is shown, in fact, to exist, it is immaterial whether the person who committed or permitted the act or omission complained of exercised care or not, and any question as to his motive is likewise irrelevant, except in the case of "reciprocal nuisances," which are referred to hereafter, p. 1983.
Nuisance committed in exercise of statutory powers.—It must be remembered that an act which would otherwise constitute a nuisance may be justifiable under an Act of Parliament. Thus, if a railway company, having to select the site for a cattle station, proceed to build it in a place the noise from the cattle is a source of nuisance, they will not be responsible in the absence of negligence in the mode of conducting their business. Similarly, a water company, having statutory powers to lay mains, will not, in the absence of negligence, be liable for damage caused by the bursting of one of their mains.
Remedies available.—Where a private nuisance exists damages, or an injunction to prevent its continuance, or both, may be obtained by the person whose rights have been infringed, provided that a right to do that which is complained of has not been acquired by prescription. And in certain cases the person injured may himself abate the nuisance; for instance where trees overhang the adjoining premises, the occupier thereof may, even without notice to the owner of the trees, cut off the overhanging portion of the branches, but in no case can a person go on to his neighbour's soil, in order to remove a nuisance, except in a case of emergency, unless he has first give his neighbour notice to remove it. The fact that the person who complains of the nuisance acquired his property with knowledge of the existing circumstances does not afford any defence.
(1) Nusiances Affecting a neighbours property—Apart from statute an occupier of premises may use them as he pleases, provided that he does not interfere with the legal rights of another. Thus, he may sink wells on ​his premise, although in so doing he may, even intentionally, intercept percolating water and thus dry up his neighbour's water supply or cause a subsidence of his house; the reason being that no legal right can be acquired to water flowing otherwise than in a defined channel. Or he may raise his house to such a height as to cause his neighbours' chimneys to smoke however long they may have been built; or he may erect a screen so as to block up his neighbour's windows, unless a prescriptive right to such light has been acquired.
Moreover, the rule prohibiting any interference with the neighbour's rights is merely negative or restrictive in its application; for, in the absence of any agreement to do so, there is no obligation upon any one to make use of his premises in any particular way. Thus, the occupier may allow weeds or thistles to accumulate on his premises, notwithstanding the injury that may be done to his neighbour's land.
It is, therefore, only in respect to some alteration in the natural condition of things, or, as it is commonly called, "the non-natural use" of his property, that an occupier may incur liability towards his neighbour. Similarly, the neighbour himself cannot, in the absence of some prescriptive right, complain of any interference unless it affects his property in its natural state. Thus, if A, in digging the foundations for a house, lets down his neighbour's field or garden, he will be responsible; but if there be on his neighbour's land a house which has been built within twenty years previously, A will not be responsible for its subsidence if he has, in fact, left such support as would have been sufficient to prevent any subsidence of the land in its natural condition.
Instances of a nuisance to property.
i. Importing or storing on premises something which would not in the ordinary course have been there.—As, for instance, the storage of water or the keeping of animals. In such cases the rule is that if a person brings or keeps on his premises, for his own purposes, anything likely to do mischief if it escapes, he must keep it at his peril, and is liable for any damage that is the natural consequence of its escape, unless he can show that its escape was due to his neighbour's fault, or was caused by vis major or act of God, that is to say, by some extraordinary occurrence which could not reasonably have been anticipated, or was due to the act of a third person over whom he had no control.
The same principle, it has been held, applies to a case where the occupier is under a duty to keep sewage, though received from elsewhere, from passing on to his neighbour's land, except through a certain channel, and that although he may be ignorant of the existence of the drain, he will nevertheless be liable for an escape of the sewage.
ii. Artificially raising the level of land adjoining the neigbour's wall or house, where the result is that the rain water soaks through the wall or into the house.
iii. Causing rain water to flow on to the neighbour's premises, either by putting up a shute which empties directly on to his premises, or by fixing down pipes from the roof which, owing to a want of proper connexion with a drain, eventually empty themselves into the neighbour's cellar.
Where the occupier of premises anticipates some extraordinary danger from an impending flood, he may take steps to avert it; but when the flood has, in fact, occurred, he has no right to minimize its consequences by ​transferring the water on his own land to that of his neighbour, to the detriment of the latter; thus, if the water be dammed back on his land, he may not, by cutting trenches, cause his neighbour's land to be flooded to a greater extent than it would otherwise have been.
iv. Allowing trees to overhang the adjoining premises constitutes a nuisance in respect to which no prescriptive right can be acquired; and if the neighbour's crops be injured, or his cattle poisoned through eating the leaves, the owner of the trees will be responsible.
v. Allowing a fence to become a source of danger. An occupier of premises is likewise liable if he permits his wire fencing to become so rusted through that pieces of it fall into the grass on his neighbour's land and are swallowed by his cattle with injurious consequences.
vi. Pollution of water.—Although there is no right of property in percolating water either under or above ground, it is the duty of a person to prevent his sewage from passing by means of it on to his neighbour's land.
vii. Escape of fire.—Where the lighting of a fire constitutes an unusual or non-natural use of the premises, the occupier is responsible for its consequences; but with regard to fires which are incident to the natural use of the premises, such as the ordinary fires in a house, liability only attaches where there has been a want of reasonable care.
viii. Emissions of noxious vapours.—Where the effect is such as to cause injury to the adjoining property,—as for instance, by killing the shrubs growing thereon.
(2) Nusiances affecting the neighbour's comfort or enjoyment of his premises.—In order to constitute any such nuisance:—
1st—The act complained of must, as in the case of nuisances affecting property, be such as to exceed the natural and ordinary enjoyment of the property but in considering whether such was, in fact, the case, special regard must be had to the surrounding circumstances, that is to say, to the time and place, and also the object and duration of the act complained of.
Thus, acts such as burning weeds, emptying cesspools, or making noises during repairs, although they may be a source of nuisance, must be put up with if done in the ordinary way and with reasonable care to avoid an excess of annoyance, because they are necessarily incident to the ordinary and reasonable use of adjacent lands and houses. Such acts are commonly described as "reciprocal nuisances." What is an ordinary and reasonable use of premises depends chiefly on where they are situated. A person who lives in a large manufacturing district is not entitled to object to smoke from a neighbouring factory to the same extent as he might if he lived in a rural district. But the fact that a particular nuisance existed before he acquired his property will not prevent a person from obtaining redress, even if he was previously aware of its existence.
2nd.—The act complained of must involve a material interference with the ordinary physical comfort of existence—"not merely according to elegant or dainty modes and habits of living, but according to the plain and sober and simple notions among the English people." That a line is drawn between pleasure and ordinary comfort is shown by the fact that the obstruction of a view does not constitute a nuisance. On the other hand, it is not necessary, in order to constitute a nuisance that there should be injury to health.
If the neighbour can hear through the party wall more than is agreeable to him of the sounds from the nursery or music-room of the adjoining house, it does not follow, even if he is nervously sensitive or infirm in health, that he is entitled to complain. Assuming that malice is out of the question, the matter is essentially a question of degree, and consequently nuisances affecting the ​comfort of others are far more difficult to prove than those affecting property, where the effect is visible or tangible. Moreover, with regard to the former it is necessary to consider the rights of both parties.
Specific forms of nuisance affecting the comfort of others.
Noises.—Placing a stable so close to a house that the noise of the horses interferes with the enjoyment of the owner of the house is a nuisance. So also the carrying on building or other works during the night so as to disturb the rest or reasonable enjoyment of the neighbours. On the other hand, domestic arrangements and practices which involve noise to the vexation of neighbours can seldom be prevented. Thus, it is very difficult to obtain redress with regard to the barking of dogs, or the crowing of cocks and the like, unless of a very unusual character; and notwithstanding the general rule that it is not necessary that there should be injury to health in order to constitute a nuisance, it would seem that, in practice, damages (or an injunction) are not often obtainable with regard to the nuisances in question until they have become sufficiently developed to affect an ordinary person's health.
However, within the area under the jurisdiction of the London County Council, some redress may be obtained under a bye-law passed by that authority, see p. 1987.
The difficulty in establishing the existence of a nuisance in connexion with music or singing is well exemplified by a case in which it was held that:—the giving of music lessons extending over seventeen hours in a week, in a house separated from the adjoining house by a party wall, there being also from time to time practising on the piano and violin, and singing, and in the evening musical performances for the entertainment of the persons living in the house, and occasionally musical parties, and frequent practising on the violoncello as late as 11 at night,—did not constitute a legal nuisance of which the adjoining occupier was entitled to complain. Moreover, in that case an injunction was granted to restrain the occupier of the adjoining house from making noises for the purpose of annoying the occupiers of the former house.
Smells.—Such as that caused by the cooking of food in a restaurant, when carried on in close proximity to residential or professional premises. Brickburning, if carried on as a business, can generally be stopped as a nuisance, but where brickmaking is only being carried on temporarily for the purposes of building on adjacent land, there may be difficulty in obtaining redress.
Smoke from a chimney, whether used for trade or otherwise.
Obstruction of light.—In cases where a prescriptive right to such light has been acquired (as to which, see p. 1988).
2. Public Nuisances.—A private individual cannot take legal proceedings in respect to a public nuisance, unless he has sustained some special and direct damage beyond that suffered by the general public. Nor is he entitled to abate such nuisance, except under such circumstances, and then only to the extent to which he is injured.
No prescriptive right can be acquired to commit a public nuisance.
Where the occupier of premises is liable for a public nuisance, his liability will, as a rule, be found to arise from the fact that his premises abut on a highway (including a public path); for the occupier of such premises is liable if he does any act, or keeps anything thereon, which may make the highway dangerous for persons or animals using it lawfully and with ordinary care—as for instance by:—Keeping a lamp in a dangerous condition overhanging the highway; allowing any object, including the branches of trees, to project in such a manner as to obstruct the passage; making any excavation on the highway, or on his own premises, but so near to the highway as to render it a source of danger to persons using the road, even though the danger consists only in the risk of their accidentally deviating from the roadway; allowing a fence close to the highway to become so out of repair that it gives way when leaned against; leaving any object on, or near, the highway in a manner calculated to frighten animals passing along it; leaving open the lid or grating ​of a cellar adjoining the highway, or allowing it to become so defective as to be a source of danger; keeping an unruly or fierce animal in a field through which a public right-of-way exists; storing inflammable materials near a highway.
II. STATUTORY NUISANCES.
1. Under the Highways Acts.—Allowing filth, dirt, lime or other offensive matter to escape on to a highway from adjoining premises; laying anything on a highway to the injury thereof, or to the danger of any person travelling on it; placing dung or rubbish on the side of a road and within 15 feet of the centre; planting any tree, or encroaching by any building, hedge or ditch, within 15 feet of the centre of the road; altering or in any way interfering with a ditch, etc., adjoining a road and under the charge of the surveyor, without his authority; firing a gun or pistol or letting off fireworks, within 50 feet of the centre of the road.
2. Under the Barbed Wire Act, 1893.—Placing on any land adjoining a highway a fence made of barbed wire, which may probably be injurious to persons or animals lawfully using the highway. The abatement of such nuisance may be enforced by the local authority. Where the local authority are themselves the offenders, proceedings may be taken against them by any ratepayer within their district.
3. Under the Quarry (Fencing) Act, 1887.—Where any quarry dangerous to the public is on open or uninclosed land, within 50 yards of a highway or place of public resort dedicated to the public, and is not separated therefrom by a secure and sufficient fence, it must be kept reasonably fenced for the prevention of accidents, and unless so kept will be deemed to be a nuisance liable to be dealt with summarily.
4. Under the Public Health Acts.—Where any of the following nuisances the local authority may serve a notice on the person by whom it was committed, or if he cannot be found, then on the owner or occupier of the premises, requiring him to abate the nuisance within a specified time. If the notice be not complied with, a penalty not exceeding £5 (or £10 in the Metropolis) may, on complaint by the local authority, be imposed by a magistrate who may also make an order requiring the nuisance to be abated, or, if necessary, in the case of a dwelling-house, prohibiting it from being used for habitation. And where the nuisance has been abated but is likely to recur, an order prohibiting its recurrence may be made. Failure to comply with any such order will entail additional penalties.
It is the duty of the local authority to exercise the above powers upon information by any person aggrieved, or by any two householders in their district (or in the Metropolis, upon information given by any person), provided they are satisfied that a nuisance exists.
| For the above purposes:— | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | a nusiance or injurious to health. |
| Any premises which are in such a state as to be— | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | a nusiance or injurious to health. |
| Any pool, ditch, gutter, watercourse, privy, urinal, cess-pool, drain or ashpit which is so foul or in such a state as to be— | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | a nusiance or injurious to health. |
| Any animal which is so kept as to be— | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | a nusiance or injurious to health. |
| Any accumulation or deposit which is— | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right\}\,$ | a nusiance or injurious to health. |
Any house or part of a house so overcowded as to be dangerous or injurious to the health of the inmates—
Will be deemed to be nuisances liable to be dealt with summarily.
As to the powers of the local authority with regard to Drainage, Water Supply, Removal of Refuse and Infectious Diseases, see respectively Sanitary Requirements and Infectious Diseases.
5. Under the Inclosure Acts.—It is a punishable offence to wilfully deposit ​any manure, soil, ashes or rubbish on a village green, or on land allotted under any such Act for exercise or recreation.
6. Under the Police Clauses Acts.
Within the Metropolitan Police district, or in a borough or urban district the following acts are punishable by a fine not exceeding £2.
Beating or shaking in the street a carpet, rug or mat, except door mats before 8 in the morning; leaving open any vault, or cellar, or underground room without sufficient fence, or leaving an open area or pit without a sufficient light at night; placing or keeping a blind or awning or any other projection over the footway unless it be eight feet at least from the ground, or if within the Metropolitan Police district at any height if it cause an annoyance or obstruction; depositing in the street any coal or materials (except building materials—which must be so inclosed as to prevent mischief); throwing into the street any dirt, litter, or ashes, etc.; or within the Metropolitan Police district, throwing or causing any such matter to fall into a sewer, pipe or drain, or into any watercourse, reservoir, etc. Also the following acts which are calculated to injure or annoy others: causing any vehicle to stand in the street longer than is necessary for loading or unloading; driving, or allowing to stand, on any footway, any vehicle or animal; wantonly disturbing a householder by ringing or knocking without lawful excuse; wilfully and unlawfully extinguishing any lamp in a street; furiously riding or driving any horse or carriage, or furiously driving cattle; or within the Metropolitan Police district riding or driving so as to endanger the safety of any person; discharging firearms or throwing any missile to the danger of any person; making a bonfire or discharging fireworks in the street; flying a kite or in the Metropolitan Police district, playing any game to the annoyance of the inhabitants or persons in the street; making or using a slide in any thoroughfare; turning loose any horse or animal in the street; allowing to be at large any unmuzzled ferocious dog, or setting any dog or other animal to attack or put in fear any person or animal; suffering a dog to go at large, knowing, or having reasonable ground for believing, it to be in a rabid state, or to have been bitten by an animal reasonably supposed to be in that conditon; hewing or cutting stone or timber in a thoroughfare; slaking, sifting, or screening any lime in the street; exposing for sale any articles on the roadway or footway so as to cause annoyance or obstruction.
Within any town or district mentioned above, except in the Metropolitan Police district so far as it lies within the area subject to the jurisdiction of the London County Council, any of the following acts is, similarly, punishable as an offence:—Emptying any privy between 6 a.m. and 12 midnight; removing any nightsoil through a thoroughfare between 6 a.m. and 8 p.m., or removing it in a conveyance without a proper covering; keeping a pig-stye to the front of a street without a proper fence, or keeping pigs so near to the road as to be a common nuisance.
Within any town or district referred to above, other than in the Metropolitan Police district, the following acts are likewise punishable:—Placing any flower-pot or box or any heavy article in an upper window without sufficiently guarding against its being blown down; throwing anything from a house into the street, except snow thrown so as not to fall on any person passing by; ​ordering or permitting any servant to stand on the sill of any window, except in the basement, in order to do anything to the outside of the window or house.
Within the Metropolitan Police district the following acts also are punishable as offences:—Posting any bill or paper on any property without the consent of the owner; writing upon or defacing any building or fence; using any noisy instrument for the purpose of calling people together or of announcing any show or entertainment, or for the purpose of hawking, selling, distributing or collecting any article, or of obtaining money or alms; persisting in playing music in the street.
Any householder may, either personally or by his servant, or by a police-constable, require a street musician or singer to depart from the neighbourhood of his house, on account of the illness or the interruption of the ordinary occupations or pursuits of any inmate of the house, or for other reasonable or sufficient cause. On failure to comply with such requirement the offender may be arrested by a constable without warrant, but he must be given into custody by the person making the charge, who must also accompany the constable to the police-station and sign the charge-sheet. The householder when requiring the street musician to depart is bound to give him his reason for so doing.
Within the area under the jurisdiction of the London County Council the following provisions are in force:—
The keeping of pigs in any place unfit for the purpose, or in which it may create a nuisance or be injurious to health, is prohibited under a penalty of £2, forfeiture of the animals, and a further penalty of 10s. for each day during which the offence continues after notice to discontinue it. And the use of such premises in the future may be prohibited. Any premises within 40 yards will be deemed to be unfit for the above purpose. Every sanitary authority within the area in question may make bye-laws to prevent the keeping of any animal in such place or manner as to be a nuisance or injurious or dangerous to health.
7. Under a Bye-law.—In every county or borough the County Council or Corporation, as the case may be, may make such bye-laws as they think fit for the good rule and government of the area under their jurisdiction, and for the prevention and suppression of nuisances not already punishable in a summary manner by virtue of any Act.
In exercise of this power, the London County Council have made the following bye-laws, and in many any other counties similar bye-laws exist:—
Noisy animals.—"No person shall keep within any house, building or premises any noisy animal which shall be, or cause, a serious nuisance to residents in the neighbourhood, provided that no proceedings shall be taken against any person for an offence against this bye-law until after the expiration of a fortnight from the date of the service on such person of a notice alleging a nuisance, signed by not less than three householders residing within hearing of the animal." Penalty not exceeding £2.
Street shouting.—"No person shall for the purpose of hawking, selling or advertising any newspaper call or shout in any street so as to cause an annoyance to the inhabitants of the neighbourhood." Penalty not exceeding £2. It is not necessary to prove that more than one inhabitant has been annoyed, if the act complained of was of a character likely to annoy the inhabitants generally.
Broken glass.—"No person shall throw, place or leave any bottle or any broken glass, nail or other sharp substance (not being road material), on or in any street or public place in such a position as to be likely to cause injury to passengers or animals, or damage to property." Penalty not exceeding £2.
Window cleaning.—" Every person who in any street, to the obstruction, annoyance or danger of residents or passengers, orders or permits any person service to stand or kneel on the sill of any window for the purpose of cleaning or painting such window, or for any other purpose whatsoever, such ​sill being more than 6 feet in height from the level of the ground immediately below it, without support sufficient to prevent such person from falling, shall for every such offence forfeit and pay a sum not exceeding £5." And every person who actually stands or kneels on the sill of any window under such circumstances is liable to a penalty not exceeding £2.
Spitting.—" No person shall spit on the floor, side or wall of any public carriage, or of any public hall, public waiting-room, or place of public entertainment, whether admission thereto be obtained upon payment or not." Penalty not exceeding £2.
PRESCRIPTION
Right to the Access and Use of Light.—Although there is nothing to prevent any person putting windows wherever he pleases, in his house or building nevertheless if he places them so as to overlook the adjoining land of another, the owner of that land will be entitled, at any time within twenty years afterwards, to build or erect any obstruction he pleases. But inasmuch as it is a principle of law that "a person cannot derogate from his own grant," the above rule does not apply where a person who, being the owner of a house and land adjoining, sells the house to another. In such case he is not entitled to obstruct its light by building on the adjoining land; and the same applies to persons who subsequently acquire the land from him. If, however, the person who sold the house was not, at the time, the owner of the adjoining land, but only held it on lease, the purchaser of the house is not thus protected. On the same principle, if the owner of a house and land sells the land, he retains no right to access of light to the house, unless he has expressly stipulated for it.
Ancient lights.—Where, however, the access and use of light for a dwelling-house, workshop or other building (which includes a green-house), has been actually enjoyed for the full period of twenty years without interruption, the right to it will be deemed to be absolute unless it appears that it was enjoyed by some consent or agreement by deed or in writing. When the use of the light has once commenced, the period of prescription will continue to run until some action be brought in which the right is disputed, or until there be some interruption which is permitted or acquiesced in by the person seeking to acquire the prescription, for a year after he had notice of such interruption and of the person making or authorizing it.
If a window which has acquired "ancient lights" be subsequently enlarged, its enlargement will not create any increased right until the end of a further period of prescription. Where a wall or building in which windows have acquired ancient lights is pulled down and rebuilt, the windows must be placed in the same position, otherwise they will be liable to be obstructed. Although a right to the access of light cannot be acquired under twenty years, it may, when acquired, be lost in less than that period by any act indicating an intention to abandon it. And such intention will be presumed if the owner of the right permits its obstruction by the erection of a building and makes no remonstrance until it is completed.
Obstruction of a view.—A right to the access of light does not include a right to a view which there is no way of preventing an adjoining owner from obstructing.
Right to Air.—There is no means of acquiring a prescriptive right to air generally; for instance, however long may be the period since a house was built, the owner cannot prevent the building or re-building of the adjoining house to such a height as to check the draught of air to his chimneys and so cause them to smoke. Where, however, the air is derived through a defined channel, such as ventilating holes, a right thereto may be acquired under certain circumstances.
​Rights Generally, Capable of being Acquired by Prescription.—In most cases a right to water, or a right of way, or any other easement such as the right to carry on a business in a particular manner, may be acquired by uninterrupted enjoyment for twenty years. Such is the general rule, but its application to particular cases may, in the infinite variety of circumstances, require qualification.
PURCHASE OF HOUSE, Loan by Local Authority for purpose of
Under the Small Dwellings Acquisition Act, 1899, any local authority may advance money to a resident in a house within their district for the purpose of enabling him to acquire the ownership of it, provided that the market value of the house does not, in the opinion of the local authority, exceed £400. The advance cannot exceed (a)four-fifths of that which the local authority consider to be the market value of the ownership; nor (b) £240, or, in the case of a freehold, or a leasehold of not less than ninety-nine years unexpired at the date of the purchase, £300: and must be repaid with interest within such period, not exceeding thirty years from the date of the advance, as may be agreed upon. The interest will be at such rate as may be agreed upon, not exceeding 10s above the rate at which the local authority can at the time borrow the money. The payment may be made either by equal instalments of principal, or by an annuity of principal and interest combined, and all payments on account of principal or interest will be payable either weekly or at such periods, not exceeding a half year, as may be agreed upon. "Ownership" means a freehold interest, or a leasehold interest in possession of at least sixty years unexpired at the date of the purchase. The "local authority" is the council of the county or county borough, as the case may be, except where the district council have undertaken to carry out the Act.
RATES
By Whom Payable.—The occupier is, as a general rule, the person liable for the payment of poor and other local rates charged on the property, which may be, and usually are, levied under one demand note. To the general rule, however, there are the following statutory exceptions:—
The occupier of any premises let for a term not exceeding three months is entitled to deduct from his rent any sum paid by him in respect to rates. And no such occupier can be compelled to pay at one time, or within four weeks, a greater amount of the rate than would be due for one quarter.
In the case of small holdings, that is to say, where the rateable value of the property does not exceed £20 in the Metropolis, or £13 in Liverpool, or £10 in Manchester, or Birmingham, or £8 elsewhere, if the owner is willing to agree with the overseers that he will be responsible for the payment of the rates for a period of not less than a year, whether the premises be occupied or not, he may obtain a commission not exceeding 25 per cent. It is also open to the vestry to order the owner of such property to be rated instead of the occupier, subject, however, to a certain abatement or deduction. An outgoing or incoming tenant, leaving or entering, as the case may be, during the currency of the period in respect to which a rate has been made, may obtain an apportionment of the rate applicable to the time during which he actually occupied the premises.
Rateable Property.—Rates are payable in respect to any land or house which is in use or occupation. Though a house may not have been inhabited at all during the period for which a rate is levied, it is none the less "occupied" for the purposes of rating if it was furnished and capable of being lived in. ​The storage of furniture is, in itself, sufficient to constitute occupation. It is otherwise where the house is absolutely vacant, although a caretaker may live on the premises. Saleable underwood, growing timber, sporting rights, tithes, royalties in respect to mines, etc., are also liable to be rated.
Principle on which Property is Assessed.—Rates are assessed on the net annual value of the property, which is arrived at in the following way: First of all, the "gross value" of the premises is ascertained; the gross value being the rent at which they might reasonably be expected to let, taking one year with another, the tenant paying all usual tenant's rates and taxes, and the landlord paying the tithes, if any, and bearing the cost of the repairs and insurance and the other expenses, if any, necessary to maintain the premises in a state to command that rent. The "rateable value" is then ascertained by deducting from the gross value the value of the tithes, if any, and the probable average cost of the repairs, insurance and other expenses referred to.
Within the Metropolis the maximum amount that can be deducted in respect to such repairs, etc., is fixed according to the following scale:
1. Houses and buildings, or either of them, without land other than gardens, where the gross value is under £20—one quarter of the gross value. 2. Houses and buildings without land other than gardens and pleasure grounds valued therewith for the purpose of inhabited house duty, where the gross value is £20 and under £40—one-fifth; or, where the gross value is £40 or upwards—one sixth. 3. Buildings without land, which are not liable to inhabited house duty and are of a gross value of £20 and under £40—one fifth; or, where the gross value is £40 or upwards—one-sixth. 4. Land with buildings not houses—one-tenth. 5. Land without buildings—one twentieth.
The above scale does not apply to houses or buildings let out in separate tenements, nor to tithes or other rateable property not previously mentioned. In such cases the amount to be deducted is to be determined in each instance according to circumstances.
General district rates in urban districts, and rates for special purposes in rural districts.—Such rates are made for the purpose of raising the necessary funds with which to pay for improvements under the Public Health Act, and are assessed on the same principle as the poor rate, except that occupiers of land used as arable, meadow or pasture ground only, or as woodlands, orchards, allotments, market gardens or nursery grounds are assessed at one-fourth only of the annual value. Owners of tithes are also entitled to a similar abatement.
Rating of agricultural land.—In respect to any rate made for local purposes and assessed on the yearly value of property, occupiers of agricultural land in England are only liable for one-half of the rate payable on buildings and other property, except in the case of any rate on which they are already entitled to an abatement to the extent of one half, or any rate made in respect to any drainage, wall or embankment, or other work for the benefit of the land.
"Agricultural land" means any land used as arable, meadow or pasture ground only, cottage gardens exceeding one-quarter of an acre, market gardens, nursery grounds, orchards, or allotments; but does not include land occupied together with a house as a park, gardens other than above stated, pleasure grounds, or any land kept or preserved mainly or exclusively for the purposes of sport or recreation.
"Cottage" means a house occupied as a dwelling by a person of the labouring class.
Rating of tithes.—The owner of any tithe rent-charge attached to a benefice ​is, in respect to the rates payable on such tithe rent-charge, entitled to the same abatement as the occupier of agricultural land.
Non-Payment of Rates, Effect of.—If the rates be not paid the person in arrear may be summoned to appear before the magistrates, and unless he show cause why the rate should not be paid, a distress warrant may be issued for the amount.
In cases where the payment of rates is required as a condition of qualification to be put on the register of the parliamentary or municipal electors, the non-payment by July 20 in any year of all rates due to the preceding January 5 will operate as a disqualification for that year.
Objections to the Valuation List and Appeals against Rates.—The procedure with regard to appeals, etc., against rates varies according to whether the property which has been rated is situated in the Metropolis or elsewhere.
A. In places outside the metropolis.
1. Objections to the valuation list.—In every parish there is kept a valuation list of all rateable property therein. A fresh valuation is only made as and when required, and any changes that may occur in the meantime are entered on a supplemental list which is incorporated each year with the original list. Any ratepayer may, at all reasonable times, inspect such lists, free of charge. The lists are deposited with the rate-books, and information as to where they are to be found can always be obtained from the overseers, or from the clerk to the district or borough council, as the case may be. Whenever a fresh valuation list or a supplemental list is made, it is deposited in the place where the rate-books are kept, and public notice of such deposit is affixed on the principal door of the churches in the parish.
If any person, upon inspection of such list, feels himself aggrieved by reason of (1) the unfairness or incorrectness of the valuation of his own property or (2) that of some other person, or (3) the omission from the list of some rateable property in the parish which should have been included,he may object to such valuation list before the assessment committee of the Union.
Where it is intended to make such objection notice in writing specifying the grounds of objection must, within 28 days after the notice of the deposit of the list, be given to the assessment committee and to the overseers, and if the objection is with reference to the property of some other person, notice must also be given to him.
After receiving notices of objection the assessment committee are required to hold a meeting to deal with such objections. Twenty-eight days' previous notice of such meeting is given, and affixed to the doors of the churches in parish within the Union.
The objector may appear before the assessment committee either in person or by his counsel or agent. If he fail to obtain such relief as he deems just, he must wait until a rate is made upon the assessment to which he objects, and then appeal against the rate.
2. Appeals against a rate.—Provided the rate is good on the face of it and made by competent authority, and on a person and in respect to occupation of property apparently within the jurisdiction of that authority, the only remedy is by appeal either to the special sessions for hearing appeals against rates which are held at least four times a year by the justices in petty sessions, or to the general or quarter sessions, which are held at least four times a year by the justices in or to the general or quarter sessions, which are held in the first week after the following dates—March 31, June 24, October 11, and The right of appeal to special sessions is, however, limited ​to questions of amount, and the decision of the justices at such sessions is subject to appeal to quarter sessions.
In either case special notices have to be given and the grounds of appeal specified; which cannot safely be done without legal assistance.
The appeal may be made against the first or any subsequent rate made in pursuance of the valuation list; but before any appeal can be made the appellant must have given to the assessment committee notice of objection to the valuation list on which the rate is made and have failed to obtain from them the relief asked for. Such objection need not necessarily have been raised before the valuation list was settled by the assessment committee, but if it was, in fact, raised then, there is no obligation to again give notice of objection before appealing against the rate. The appeal must be made to the next practicable sessions after the making of the rate against which it is intended to appeal. Although notice of appeal against a rate may have been given, the rate must be paid notwithstanding, and if not paid, may be recovered as in other cases. If, as the result of the appeal, a reduction of the assessment is obtained, the excess may be ordered to be repaid or allowed for.
B. In the Metropolis.
Appeals against the Valuation List.—A fresh valuation list is made every five years, calculated as follows—1890, 1895, 1900, 1905. Any alteration which takes place during the interval is entered each year on a supplemental list which is made out in the same way, and is subject to the same conditions as to appeals as in the case of the quinquennial valuation list itself. The valuation list, or supplemental list, is deposited by the overseers for public inspection before June 1, and public notice of the fact is given on the church doors. Notice of objection must be given to the assessment committee before the expiration of twenty-five days from the time the list is deposited. The list is revised by the assessment committee before October 1, after having given notice of the date on which they will hear objections thereto. The list, when finally settled, comes into force on April 6 in the following year. The valuation list in the Metropolis is conclusive as to the rateable value of any premises included therein; and consequently there is no appeal against a rate upon any question as to amount. Any such appeal must be made against the valuation list before it is finally settled. Failure to appeal against the valuation list means that, in the absence of some change in the property, the assessment will stand for the next five years. From the decision of the assessment committee the appeal lies either to the special sessions held for that purpose by the justices in petty sessions—but only if it be in respect to the unfairness or incorrectness of the valuation of any premises or to the quarter sessions for the county of London. Notice of appeal to special sessions must be given on or before November 21; and if the appeal be to quarter sessions, notice must be given on or before January 14. Special notices are required to be given and other formalities complied with, which cannot here be dealt with in detail, and in respect to which professional assistance should certainly be obtained.
Notwithstanding that an appeal may be pending, the valuation list will come into force as it stands at the commencement of the year (April 6), and any rate made thereon must be paid, but will be subject to subsequent adjustment, if required.
SANITARY REQUIREMENTS, Householders' obligations with regard to
A. Within the Administrative County of London.
Regulations as to Water Supply.—Every house must be provided with a ​proper and sufficient supply of water, otherwise it will be dealt with as a nuisance.
The sanitary authority may make bye-laws for securing the cleanliness and freedom from pollution of tanks, cisterns, and other receptacles for storing water used, or likely to be used, by man for drinking or domestic purposes, or for manufacturing drink for the use of man.
Closing of polluted wells or cisterns.—On the representation of any person to a sanitary authority that within their district the water in any well, tank, cistern, or water butt is used or likely to be used for the above purposes, and is, or is likely to be, so polluted as to be injurious or dangerous to health, the magistrates, on complaint by the sanitary authority, and after giving the owner or occupier of the premises to which the well, etc., belongs, an opportunity of being heard, may, by summary order, direct that the well, etc., be permanently or temporarily closed, or make such order as may be necessary.
If the person on whom the order is made fail to comply with it, he will be liable to a fine not exceeding £20, and the sanitary authority may obtain power to execute the order themselves, and recover the expenses in a summary manner from the person in default.
Regulations as to water-closets.—Every house must be provided with one or more proper and sufficient water-closets according as circumstances require, furnished with suitable water supply and water supply apparatus, and with suitable trapped soil pan and other suitable works and arrangements, so far as may be necessary to ensure the efficient working thereof. Where however, sewerage or water supply sufficient for a water-closet is not reasonably available a privy or earth closet may be substituted.
If at any time it appears to the sanitary authority that a house is without such closet, they may serve the owner or occupier with a notice requiring him to provide the same in accordance with the directions in the notice. If the notice be not complied with within the specified time, the owner or occupier will be liable to a fine of £5, and a further fine of 40s. for each day during which the offence continues; or the sanitary authority, instead of proceeding for a fine, may, if they think fit, do the necessary work and recover the expenses from the owner.
The County Council are empowered to make bye-laws with respect to closets, privies and cesspools; and so are the sanitary authority, with respect to the keeping of water-closets supplied with sufficient water for their effective action.
Power of sanitary authority to examine water-closets, etc.—The sanitary authority may examine any closet, privy or cesspool, and any water supply, sink, trap, pipe or other apparatus connected therewith upon any premises within their district. And for that purpose or for the purpose of ascertaining the course of a drain, may, at all reasonable times of the day, after twenty-four hours' notice to the occupier (or owner, if unoccupied), or in case of emergency without notice, enter the premises and open the ground in any place they think fit.
If on examination, any such closet, trap, or pipe, etc., is found to be in accordance with requirements, and in proper order and condition, the sanitary authority are bound to make good what they have done and pay for any damage. If however, such closet, etc., is found not to have been made or provided in accordance with the law and the bye-laws of the authorities, the offender will be liable to a fine of £10; and if after notice from the sanitary authority to do what is necessary within a specified time he fails to comply with the' notice he will be liable either to a penalty of 20s. for each day during ​which the offence continues or to pay the expenses incurred if the sanitary authority do the work themselves—as they may do, if they think fit. And if such closet, etc., appears to be in bad order or condition, or to require cleansing, alteration or amendment, the owner or occupier may be ordered to do what is necessary, and if he fail to do so within the specified time he will be liable to a fine of £5, and a further fine of 40s. for each day the offence continues; or the sanitary authority may themselves do the work and charge him with the expenses.
In either case, whether the closet, etc., be merely out of order or be defectively constructed, the offender will have to pay the costs of the examination; which may be recovered summarily.
Appeal from an order of the sanitary authority.—Any person who feels himself aggrieved by any notice or act of the sanitary authority may appeal to the County Council, whose decision is final.
Regulations as to ash-pits, etc.—Every house must be provided with a sufficient ashpit, dustbin or other receptacle for the deposit of ashes or refuse; and the sanitary authority has the same powers of enforcing this requirement as in the case of water-closets—for which, see previous page.
Removal of Refuse.
House refuse.—It is the duty of the sanitary authority, at proper periods, to remove house refuse and to cleanse and empty ashpits and earth closets, etc. (if any), in their district. If they do not do so at the ordinary period the occupier may serve them with a written notice requiring them to remove the refuse, etc., within forty-eight hours; and failure to comply with the notice will, in the absence of reasonable cause, render the authority liable to a penalty of £20. "House refuse" means ashes, cinders, breeze, rubbish, night-soil, and filth, but does not include trade refuse.
Any person, who being directly or indirectly employed by the sanitary authority, demands from the occupier or his servant money for removing any house refuse, is liable to a fine of 20s.
Manure.—The sanitary authority may, if they think fit, undertake the removal of manure, etc., from any stables or cowhouse within their district, the occupiers of which consent in writing to such removal. This will not, however, relieve the occupier from liability for any fine to which he may be subject for placing manure, etc., on any footpath or roadway, or for having any accumulation thereof so as to be a nuisance or injurious to health. Notice may be given by the sanitary authority (by public announcement or otherwise), requiring the periodical removal of manure from stables or other premises. Failure to comply with such notice will, without further notice, involve a fine not exceeding 20s. for each day during which such non-compliance continues. The County Council are authorized to make bye-laws with respect to receptacles for dung.
Trade refuse.—The sanitary authority, if required to do so by the owner or occupier, must remove any trade refuse, but the owner or occupier will have to pay a reasonable sum for its removal—which in case of dispute, is to be settled by the magistrate. "Trade refuse" includes building materials.
B. In Places outside the Administrative County of London.
Water Supply.—Where it appears to a local authority that a house is without a proper supply of water, and that the same can be furnished at a cost not exceeding the water rate authorized by any local Act in force within the district, or where such does not exist, at a cost not exceeding 2d. a week, or such other cost as the Local Government Board may consider to be reasonable, the local authority may by written notice require the owner, within a specified time, to obtain such supply and do the necessary work for that ​purpose. If the notice be not complied with, the local authority may do what is necessary, and for that purpose may enter into a contract with any water company in the district, and water rates may be levied on the premises by the authority or company furnishing the supply. Any expenses incurred will be recoverable from the owner.
And in rural districts, if the sanitary authority consider that any occupied dwelling house has not within a reasonable distance an available supply of wholesome water sufficient for the consumption and use for domestic purposes of the inmates of the house, and are of opinion that such supply can be provided at a reasonable cost not exceeding a capital sum the interest on which at 5 per cent, would amount to 2d. a week, or at such other cost not exceeding 3d. a week, as the Local Government Board may determine to be reasonable, they may require the owner, within a specified time, not exceeding six months, to provide such supply. If at the expiration of the time specified the notice is not complied with, the authority may serve a second notice informing the owner that if the first notice be not complied with within one month thereafter the authorities will provide the supply themselves and charge him with the expenses; and at the end of the month they may proceed to do so, if the notice be not complied with—unless the owner has within twenty-one days of the second notice sent to the authority an objection to the notice on any of the following grounds:—(a) that the supply is not required, (b) that the time limited for providing the supply is insufficient, (c) that it is impracticable to provide it at a reasonable cost, (d) that the authority ought themselves to provide a supply for the district in which the house is situate or render the existing supply wholesome, (e) that the whole or part of the expenses ought to be a charge on the district. Where any of such objections is raised the authority cannot proceed until authorized by a court of summary jurisdiction or by the Local Government Board.
The rural sanitary authority are entitled to enter and inspect the water supply to any dwelling-house where they have reasonable ground for believing that the supply is defective.
Closing of polluted wells or cisterns, etc.—The provisions with regard to the closing, etc., of polluted wells, tanks or cisterns in the administrative county of London (as to which, see p. 1993, apply equally elsewhere, except that the owner or occupier of the premises to which the well, etc., belongs, is only liable for the expenses incurred in carrying out any order that may be made.
Drainage.—Where a house is without a drain sufficient for its effectual drainage the local authority may, by written notice, require the owner or occupier, within a reasonable time, to make a drain in accordance with their requirements and to empty it into a sewer, if there be one within 100 ft. of the house, and if not, into such cesspool as they may direct. If the notice is not complied with, the local authority may do the work and recover the expenses from the owner. Local authorities may, after complying with certain formalities, make bye-laws with regard to the drainage of buildings.
Regulations as to closets and ashpits.—Where it appears to the local authority that a house is without a sufficient water-closet or privy, or an ashpit furnished with proper doors and coverings, they may enforce the provision thereof, by the same means as are applicable in the case of insufficient drainage,—as to which, see above. And the local authority may, after compliance with certain formalities, make bye-laws with regard to closets, etc., and the keeping of water-closets supplied with sufficient water for flushing.
Power of local authority to inspect drains, etc.—On the written application of any person to a local authority, stating that any drain, closet, ashpit or cesspool on any premises within their district is a nuisance or injurious to ​health (but not otherwise), the local authority, after twenty-four hours' notice to the occupier, or on emergency without notice, may enter and examine such drain, etc., and for that purpose may break open the ground. If on examination the drain, etc., is found to be in proper condition, the local authority must make good what they have done and pay the cost of the examination. But if the drain, etc., appears to be in bad condition, or to require alteration or amendment, they may require the owner or occupier within a specified time to do the necessary work, and if the notice be not complied with, the person to whom it is given will be liable to a fine of 10s. for every day he continues in default, and the local authority may, if they think fit, do the work and recover the expenses from the owner.
Removal of refuse.—Local authorities may, and when required by order of the Local Government Board must, themselves undertake the removal of house refuse and the cleansing of closets, ashpits and cesspools. If, having undertaken to do so, they fail, without reasonable excuse, to remove any refuse or cleanse any closet, etc., for seven days after notice in writing from the occupier, they will be liable to pay him a fine of 5s. for every day during which such default continues.
Where the local authority have undertaken the removal of house refuse, they may, after complying with certain formalities, make bye-laws imposing on the occupier duties in connexion with such removal so as to facilitate the work which the authority have undertaken.
Where they do not undertake such work they may make bye-laws imposing on the occupier the duty of such cleansing or removal, at such periods as they think fit.
STAMPING OF DOCUMENTS
Form of Stamp required.—Except where provision is made to the contrary, stamp duty is payable by impressed stamps only; and in cases where the duty is permitted to be paid by adhesive stamps, the document will not be deemed to be duly stamped unless the person who first executed it cancelled the stamp by writing across it his name or initials together with the true date of his so doing, or otherwise effectively rendered it incapable of being used again, or unless it be otherwise proved that the stamp appearing on the instrument was affixed to the document at the proper time. Every person who, being required to cancel an adhesive stamp, neglects to do so, is liable to a fine of £10. Where an impressed stamp is required, the stamping can only be done on application at Somerset House (Strand), or in the provinces, at a local stamp office.
Stamping of documents after execution.—Certain documents cannot be stamped after execution, but others may be. Of those which may be stamped after execution, some can be stamped without a penalty if done within a specified time, but in other cases a penalty is payable.
An unstamped or improperly stamped document cannot be used as evidence in any court of law; and if actually tendered as evidence it will not be received unless and until the unpaid duty and £10 penalty, together with a further fee of £1 payable to the officer of the Court, has first been paid.
Spoilt or unused stamps.—An allowance may be obtained on application to the Commissioners, addressed to Somerset House, in respect to spoilt stamps or those which have been bought but are not required; provided that the application be made within two years after the execution of the document to which they were affixed or the time at which they were bought, as the case may be.
Duties Payable.
Agreement or any memorandum of agreement under hand only and not ​otherwise specifically charged with any duty, whether it be evidence only of a contract or obligatory upon the parties from its being a written instrument—6d.
Exemptions.—Agreements or memoranda: (1) for the hire of any labourer, artificer, manufacturer or menial servant; (2) for, or relating to, the sale of any goods, wares, or merchandise; (3) of which the subject matter is not of the value of £5.
The duty may be denoted by an adhesive stamp.
Such documents cannot be stamped after fourteen days from their first execution except on payment of a penalty.
Where an offer is made in writing, which is either accepted verbally or is acted upon without any actual statement of intention to accept it, the offer need not be stamped, as it is not, in itself, an agreement. If an agreement is comprised in two or more documents, such as a separate offer and acceptance, it is sufficient if one of them be duly stamped.
Bill of Exchange, payable on demand or at sight or on presentation, or within three days after date or sight,—1d.
The commonest form of a "bill of exchange payable on demand" is a cheque; but the term also includes an order for the payment of a sum of money upon any condition or contingency which may or may not be performed or happen, and an order for the payment of any sum of money weekly, or at any other stated periods.
The duty may be denoted by an adhesive stamp, which is to be cancelled person who signs the bill before he delivers it out of his hands, custody, or power. If such bill be presented for payment unstamped the person to whom it is presented may affix and cancel the necessary stamp and charge it to the person who drew the bill. Though the bill will be valid the person who drew it will be none the less liable to the penalty for issuing it unstamped.
Bill of exchange of any other kind than that specified above, and a Promissory note of any kind whatever.
Where the amount for which the bill or note is drawn or made—
| Does not exceed | £5 | | | | | 1d. |
| Exceeds | £5 | and | does | not | £10 | 2d. |
| ,, | £10 | ,, | ,, | ,, | £25 | 3d. |
| ,, | £25 | ,, | ,, | ,, | £50 | 6d. |
| ,, | £50 | ,, | ,, | ,, | £75 | 9d. |
| ,, | £75 | ,, | ,, | ,, | £100 | 1s. |
| ,, | £100 | |
| For every £100, and also for any fractional part of £100 of such amount or value | For every £100, and also for any fractional part of £100 of such amount or value | For every £100, and also for any fractional part of £100 of such amount or value | For every £100, and also for any fractional part of £100 of such amount or value | For every £100, and also for any fractional part of £100 of such amount or value | For every £100, and also for any fractional part of £100 of such amount or value | 1s. |
A "bill of exchange" includes a draft, order, letter of credit and any document or writing entitling any person, whether named therein or not, to payment by any other person of (or to draw upon any other person for) any sum of money "A promissory note" includes any document or writing containing a promise to pay a sum of money. Bills of exchange (other than those payable on demand) and promissory notes must be written on paper bearing an impressed stamp; consequently such documents are incapable of being stamped after execution. Forms may be obtained from Somerset House or a local stamp office.
Any person who issues, endorses, transfers or negotiates, presents for payment, or pays any bill of exchange or promissory note which is liable to not properly stamped, will incur a penalty of £5; and the person who takes or receives from any other person any such bill or note will not be entitled to recover thereon or to make the same available for any purpose whatever.
Conveyance or transfer on sale (of any property other than Bank of England Colonial Stock):— ​ Where the amount or value of the consideration for the sale—
Does not exceed £5 6d.
Exceeds £5 and does not exceed £25—in respect to every £5 or fraction thereof 6d.
Exceeds £25 and does not exceed £300—in respect to every £25 or fraction thereof 2s. 6d.
Exceeds £300—for every £50 and for any fractional part thereof of such amount or value 5s.
For any conveyance or transfer not previously mentioned (as, for instance, a conveyance or transfer for nominal consideration only) 10s.
Such documents cannot be stamped after thirty days from the time they are first executed, except upon payment of a penalty.
Lease.—For any definite term not exceeding a year—
Of any dwelling-house, or part of a dwelling-house, at a rent not exceeding the rate of ₤10 per annum 1d.
The duty may be denoted by an adhesive stamp.
(2) For any definite term less than a year—
(a) Of any furnished house or apartments whereof the rent for such term exceeds £25 2s. 6d.
|The duty may be denoted by an adhesive stamp.
(b) Of any house or land except as above, the same duty as a lease for a year at the rent reserved for the definite term.
(3) For any other definite term, or indefinite term—
Of any house or land:
(a) Where the consideration, or any part of it, consists of money in respect to such consideration, the same duty as a conveyance on sale for the same consideration.
(b') Where the consideration, or any part of it, is rent—in respect to such consideration, if the rent is at a rate or average rate:
| | | | | | | If the term is definite, and does not exceed 35 years or is indefinite. | If the term is definite, and does not exceed 35 years or is indefinite. | If the term is definite, and does not exceed 35 years or is indefinite. | If the term being definite exceeds 35 years, but does not exceed 100 years. | If the term being definite exceeds 35 years, but does not exceed 100 years. | If the term being definite exceeds 35 years, but does not exceed 100 years. | If the term being definite exceeds 100 years. | If the term being definite exceeds 100 years. | If the term being definite exceeds 100 years. |
| | | | | | | £ | s. | d. | £ | s. | d. | £ | s. | d. |
| Not exceeding | £5 | per annum | per annum | per annum | per annum | 0 | 0 | 6 | 0 | 3 | 0 | 0 | 6 | 0 |
| Exceeding | £5 | and | not | exceeding | £10 | 0 | 1 | 0 | 0 | 6 | 0 | 0 | 12 | 0 |
| ,, | £10 | ,, | ,, | ,, | £15 | 0 | 1 | 6 | 0 | 9 | 0 | 0 | 18 | 0 |
| ,, | £15 | ,, | ,, | ,, | £20 | 0 | 2 | 0 | 0 | 12 | 0 | 1 | 4 | 0 |
| ,, | £20 | ,, | ,, | ,, | £25 | 0 | 2 | 6 | 0 | 15 | 0 | 1 | 10 | 0 |
| ,, | £25 | ,, | ,, | ,, | £50 | 0 | 5 | 0 | 1 | 10 | 0 | 3 | 0 | 0 |
| ,, | £50 | ,, | ,, | ,, | £75 | 0 | 7 | 6 | 2 | 5 | 0 | 4 | 10 | 0 |
| ,, | £75 | ,, | ,, | ,, | £100 | 0 | 10 | 0 | 3 | 0 | 0 | 6 | 0 | 0 |
| ,, | £100— | | | | | | | | | | | | | |
| For every full sun of £50 and for every fractional part of £50 | For every full sun of £50 and for every fractional part of £50 | For every full sun of £50 and for every fractional part of £50 | For every full sun of £50 and for every fractional part of £50 | For every full sun of £50 and for every fractional part of £50 | For every full sun of £50 and for every fractional part of £50 | 0 | 5 | 0 | 1 | 10 | 0 | 3 | 0 | 0 |
Example.—A lease for ninety-nine years for a sum of £2,000, and a ground rent of £20 a year would be liable—(1) in respect to the consideration of £2,000 in money, to a duty of £10 (5s. for every £50); and (2) in respect to the annual rent of £20, to a duty of 12s. A lease for twenty-one years at £75 per annum would require a stamp for 7s. 6d.
(4) A lease of any kind not previously mentioned 10s.
The duty payable upon a lease of any dwelling-house or part thereof for ​a definite term not exceeding a year, at a rent not exceeding the rate of £10 per annum, or of a furnished dwelling-house or apartments for any definite term less than a year, may be denoted by an adhesive stamp, which must be cancelled by the person by whom the instrument is first executed, as to which, see p. 1996. The same applies to a duplicate or counterpart of such leases. A lease cannot be stamped after thirty days from its first execution, except upon payment of a penalty. An agreement for a lease, or with respect to the letting, of any house or land for any term not exceeding thirty-five years, or for an indefinite term, is chargeable with the same duty as if it were an actual lease made for the term and consideration mentioned in the agreement. If such agreement be duly stamped, the subsequent lease made in conformity with it will be charged with the duty of 6d. only.
Licence for Marriage.—Special, £5: other than special, 10s.
Mortgage.—Being the only or primary security for the repayment of money.
| Not exceeding | £10 | | | | | 3d. |
| Exceeding | £10 | and | not | exceeding | £25 | 8d. |
| ,, | £25 | ,, | ,, | ,, | £50 | 1s. 3d. |
| ,, | £50 | ,, | ,, | ,, | £300— |
| ,, | £300— |
| | For every £50 and for any fraction thereof | For every £50 and for any fraction thereof | For every £50 and for any fraction thereof | For every £50 and for any fraction thereof | For every £50 and for any fraction thereof | 1s. 3d. |
| ,, | 300 |
| | For every £100 and for any fractional part thereof | For every £100 and for any fractional part thereof | For every £100 and for any fractional part thereof | For every £100 and for any fractional part thereof | For every £100 and for any fractional part thereof | 2s. 6d. |
Such documents cannot be stamped after thirty days from their first execution, except upon payment of a penalty.
| Receipts given for, or upon, the payment of money amounting to £2 | 1d. |
The duty may be denoted by an adhesive stamp, which must be cancelled by the person by whom the receipt is given before he delivers it out of his hands. A receipt, therefore, cannot be stamped after execution. To give a receipt liable to duty and not duty stamped, or to refuse to give a duly stamped receipt, involves a penalty of £10.
TAXES
See Inhabited House Duty, Land Tax, Income Tax, and Licences.
TRESPASS
If a person trespass on private property he must first be ordered off, but if he does not go the occupier of the premises, or his representative, may exercise such reasonable force as may be necessary to remove him; if more than necessary force be exercised, the person resorting to it will be guilty of an assault. The trespasser may be prosecuted for assault if he offers any resistance.
In respect to the trespass itself, damages can be recovered in an action, but the trespasser cannot be prosecuted unless he was trespassing in pursuit of game, or has wilfully or maliciously done any injury to property. To wilfully walk through long grass would be sufficient to render him liable.
A person found in a dwelling-house, warehouse, coach-house, stable, or outhouse or an enclosed yard, garden or area, for an unlawful purpose may be prosecuted as a rogue and vagabond.
With regard to trespass by animals, see Animals, and Fences.
VACCINATION
General Rule with regard to.—Except in the cases mentioned hereafter the parentof every child born in England or Wales, or where, by reason ​of the death, illness, absence or inability of the parent, or other cause, any other person has the custody of the child, such person must cause it to be vaccinated within six months from its birth, and in the event of the operation being unsuccessful, must cause it to be vaccinated again. The person responsible may either require the public vaccinator for the district to attend for the purpose, without fee, or he may employ a registered medical practitioner. It is the duty of the registrar of births, within seven days after the registration of a birth of any child not already vaccinated, to give notice to the parent or other person responsible for it, requiring it to be duly vaccinated. And if the child is not vaccinated within four months after its birth, it is the duty of the public vaccinator for the district, after at least twenty-four hours' notice to the parent, to visit the house of the child and offer to vaccinate it.
Certificate of Successful Vaccination.—1. Where the operation has been performed by a public vaccinator and found to be successful, it is his duty to send a certificate to that effect to the vaccination officer of the district, and on request, he is bound to give the parent or other person responsible for the child a duplicate of such certificate, free of charge.
2. Where the child has been vaccinated by a medical practitioner he must, as soon as he has ascertained that the result is successful, give to the parent, etc., a certificate in the proper form, duly filled up and signed by him, which must be sent by the parent, etc., to the vaccination officer within seven days after the inspection of the child. No fee is payable for the registration of the certificate; on the other hand, failure to send it involves a penalty not exceeding 20s. If a child is submitted to a public vaccinator, and on examination he is satisfied that such child has already been successfully vaccinated, he may give a certificate of vaccination.
Cases in which the General Rule will be relaxed.— 1. If the public vaccinator or the medical practitioner, as the case may be, is of opinion that the child is not in a fit and proper state to be successfully vaccinated, it is his duty to give a certificate to that effect, which must be transmitted to the vaccination officer for the district in accordance with the above provisions with regard to certificates of successful vaccination. The certificate in question remains in force for two months, and will be renewable for successive periods of two months until the child is in a fit state to be vaccinated.
2. Where a child, after three unsuccessful attempts, is found to be insusceptible of successful vaccination, or has already had small-pox, it is likewise the duty of the public vaccinator or medical practitioner, as the case may be, to certify accordingly. The effect of such certificate, after transmission to the vaccination officer in the same way as a certificate of successful vaccination, will be to exempt the child from further vaccination. Failure to transmit the certificate will involve a penalty not exceeding 20s.
3. If within four months from the birth of the child the parent or other person responsible for it satisfies two justices, or a stipendiary or metropolitan police magistrate, as the case may be, that he conscientiously believes that vaccination would be prejudicial to the health of the child, and within seven days thereafter delivers to the vaccination officer for the district a certificate by such justices or magistrate of such conscientious objection. The production of a certificate of the registration of the child's birth may be required before a certificate of conscientious objection is granted.
Penalties for Non-compliance with Requirements.—Every parent or other person responsible for a child who neglects to have it vaccinated, or after vaccination, to have it inspected in order to ascertain the result will, in the absence of reasonable excuse, be liable to a penalty not exceeding 20s. ​over, where a person is charged with the offence of neglecting to cause a child vaccinated, he may, although found not guilty of such offence, be convicted of the offence of not transmitting any certificate in accordance with the requirements, notwithstanding that there be no mention of the latter offence in the summons; provided, of course, that the circumstances justify such conviction. Any penalty imposed will be recoverable summarily before the justices (the stipendiary or police magistrate in a town), that is to say, if the order for its payment be not complied with the amount may be recovered by distress, and in the absence of sufficient distress the person in default may be committed to prison. Persons committed to prison for non-compliance with any order or for non-payment of fines or costs are, however, treated as first-class misdemeanants. The defendant in any proceedings may appear by a member of his family, or by any other person authorized by him in that behalf. Proceedings must be taken within twelve months after the alleged offence or omission.
Order may be made for Vaccination of a Child under Fourteen.—Where it appears to the vaccination officer for any district that there is within the district any child under the age of fourteen who has not been successfully vaccinated or has not already had smallpox, he may give notice to the parent or person responsible for the child to procure its vaccination. If the notice regarded, he may cause the parent, etc., to be summoned to attend, with the child, before a magistrate, who may order it to be vaccinated within a certain time; and if the order be not complied with, then, unless the child is unfit to be vaccinated or is insusceptible of vaccination, the parent or person who is responsible will, in the absence of reasonable excuse, be liable to a penalty not exceeding 2Os. But he cannot be fined a second time for disobedience to the same order; and after such conviction no new order can be made. Neither can the above proceedings be taken against the parent or person responsible, until the child has reached the age of four, if he previously been convicted for not having the child vaccinated within six months of its birth.
Re-Vaccination of Adults at Public Expense.—Where the operation of re-vaccinatiing any person is performed on his application, by the public vaccinator without charge, he must attend at the same time and place the following week to be inspected, in order that the result of the operation may be ascertained. On request, a certificate of the result will be obtainable. If, however, such person fail to attend for inspection, he will have to pay a fee of 2s 6d. for such re-vaccination.
WATER RATE
Supply of Water.—In the district supplied by the Metropolitan Water Board the supply is regulated by the private Acts of the various companies taken over by the Board, and also by the provisions of the Metropolis Water Acts. In other districts the terms of supply are regulated by the private Act of the particular company; in which may be, and usually are, incorporated certain provisions of what are known as the Waterworks Clauses Acts.
The duties and obligations, therefore, of a consumer and of the water company must necessarily depend in many cases upon the actual terms of the special Act governing the supply of water in the particular district. The provisions, however, of the Waterworks Clauses Act with respect to the supply of water are as follows:—
​The company shall cause pipes to be laid down and water to be brought to every part of the town or district within the limits of their special Act, whereunto they shall be required by so many owners or occupiers of houses in that part of the town or district, as that the aggregate amount of water rate payable by them annually at the rates specified in the special Act shall not be less than one-tenth part of the expense of providing and laying down such pipes; provided that no such requisition shall be binding on the company unless such owners or occupiers shall severally execute an agreement binding themselves to take such supply of water for three consecutive years at least. The supply to be constantly laid on at such pressure as will make the water reach the top storey of the highest houses, unless it be otherwise provided by the special Act. On failure to supply the water upon such conditions within twenty-eight days after demand in writing, the company to forfeit to each such owner or occupier the amount of rate which he would be liable to pay under his agreement and 40s. for each day the company are in default, unless the non-supply of water be due to frost, unusual drought, or other unavoidable cause or accident.
Consumption of Water.—The following provisions may be taken to be of general application:—
On payment, or tender, of the current rate, the occupier of premises to which water is laid on is entitled to a supply for domestic purposes. If he desires to have water for other purposes he must comply with the company's requirements as to extra fittings and payment, etc.
"Domestic purposes" primarily includes washing, drinking, cooking and use for sanitary purposes. The washing of horses and carriages kept by a private person is primarily a domestic purpose. That which is primarily a domestic purpose may, however, and often is, limited by the terms of the company's special Act. The use of water for watering a garden, or for a fountain or any other ornamental purpose is not a domestic purpose.
The question does not depend on the nature of the house, but the purpose for which the water is used. Thus a boarding-house or a school, though carried on by way of business, is entitled to a supply of water for domestic purposes as if it were a private house.
Duties of the Consumer.—Consumers must take care to keep their taps and fittings in good repair, and prevent the waste or misuse of water. Wilful or negligent failure to do so renders a consumer liable to a penalty not exceeding £5, and to be charged with the expense of remedying the defect if the work be done, as it may be, by the company.
The inspectors of the company have the right to enter the premises at all reasonable times for the purpose of examining the state of the pipes and fittings, etc., and a penalty not exceeding £5 attaches to a refusal to admit them. On breach of any duty imposed on the consumer the supply of water may be cut off.
Water Rate.—The water rate is charged according to the annual value of the premises, and is payable quarterly, in advance.
Owners of houses of which the annual value does not exceed £10 are liable for the payment of the water rate instead of the occupier.
Where an outgoing tenant gives up possession of the premises between two quarter days he is liable for the whole quarter's rate. But where an incoming tenant enters between two quarter days he is only liable for a proportionate part of the quarter's rate. And upon payment or tender of such proportionate part of the rate he is entitled to be supplied notwithstanding that arrears are due to the company from the outgoing tenant. If, however, the company, in the exercise of their right (as to which, see following paragraph), have previously cut off the supply for non-payment of such arrears, the incoming tenant may have either to restore the communication, or to pay, or tender, the cost thereof.
​Payment of the Rate,—how enforced. If the rate be not paid the water may be cut off, and the expense incurred recovered in the same way as the rate itself. This does not, however, apply where the owner and not the occupier is liable by law, or by agreement with the company, for the payment of the rate. In that case the rate may, after notice, be recovered from the occupier, but the amount recoverable from him at any one time cannot exceed the amount of rent which may be owing by him; and on the payment thereof he is entitled to deduct from his rent the amount paid. If the supply be cut off in contravention of the above provisions a penalty of £5 for each day it remains cut off is payable by the company to the person aggrieved:
Where the rate in arrear is under £20, it may, together with the costs of its recovery and the expenses incurred in cutting off the supply, be recovered either in an action, or by summary process, that is to say, the person in default may be summoned before the magistrate (or two justices in the country), who, after determining the total amount due, may make an order for its payment; and if it be not paid within seven days after demand, a warrant may be obtained for its recovery by distress. If the rate in arrear exceeds £20, it may be recovered by action.
WILLS
The making of a will is a matter in respect to which legal advice and assistance should always be obtained if possible, and the following statement of the general principles is only intended as a guide for those who may be called upon to make the final settlement of their affairs upon an emergency, or under other circumstances which preclude the possibility of obtaining professional assistance.
Formalities to be complied with.—In the first place a will must be made in writing, and should be contained in a single sheet, but if more sheets than one are used they should be fastened together, and each sheet numbered and initialled by the testator and the witnesses.
Any erasure or writing between the lines should be avoided if possible, but where such exists it must be initialled by the testator and the witnesses.
The will should commence in some such form as the following: "I. A. B. of ——— hereby revoke all former wills and declare this to be my last will"; or, "This is the last will of me, A. B. of ———."
The will must be signed at the end by the testator, or by some other person in his presence and by his direction; and such signature must be made, or acknowledged, by the testator in the presence of two or more credible witnesses present at the same time, who must attest and sign the will in the presence of the testator.
A person to whom, or to whose wife or husband, any gift is made under the will should not be an attesting witness; otherwise the gift to him (or to her) will be void, though the will itself will be good.
Inasmuch as there must be some one to carry out the provisions of the will, an executor, or executrix (female), should be appointed, whose names and address should be given in full. Usually two executors are appointed, in case one should decline, or be unable, to act. If no executor be appointed, or if those who have been appointed cannot or will not act, an administrator will be appointed. ​Gift of entire Property to one Person.—Taking, therefore, the simplest case, namely, where a testator leaves all his property to one person, as, for instance, to his wife, the will will read thus:—
I. A. B.———of hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last will. I give all my property to my dear wife C. D., and appoint her the sole executrix of my will. In witness whereof I have set my hand to this my will the ———day of 19—.
| Signed by the above A.B. as his last will in the presence of us, both being present at the same time, who in his presence and in the presence of each other have hereunto subscribed our names as witnesses. W.——— X. ———. Address.............. X.——— Y.———. Address.............. | $\scriptstyle {\left.{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \\\ \ \end{matrix}}\right\}\,$A.——— B.——— |
Property left to Children.—Where property is left to children under twenty-one, trustees should be appointed to hold it for them until they come of age, with power to apply the income thereof in the meantime for their maintenance and education. The same persons may be appointed executors and trustees.
Gift of Life Interest to Wife, Remainder to Children.—Where it is intended to give a life interest only, the property should likewise be left to trustees in trust to pay such person the income during his, or her, life, and after the decease of such person to transfer it to whomsoever the testator may desire. Taking the ordinary case in which a person desires to provide for his wife for life and afterwards for his children, the will would run thus; I appoint A. B. of ——— and C. D. ——— of trustees of this my will. I give and devise all my real and personal property unto the said A. B. and C. D. upon trust to pay the income thereof to my wife during her life (or during her widowhood) and on her death (or re-marriage) upon trust for my children then living and the issue then living of any child or children of mine then deceased in equal shares except that the issue of any deceased child shall take equally between them the share only which their parent would have taken if he or she had survived, such shares to be paid in the case of males on their attaining the age of twenty-one and in the case of females on their attaining that age or previously marrying.
Death of Legatee during Testator's Lifetime.—If a person to whom a legacy has been given dies in the lifetime of the testator, the legacy will (except in the case mentioned below) belong to the residuary legatee, if such there be, otherwise the property comprised in such legacy, being undisposed of, will be divided according to the Statute of Distributions, that is, among the widow and children, etc., in certain shares. The only case in which a legacy does not thus lapse on the death of the legatee is where it is given to the child or other issue of the testator, who leaves issue living at the testator's death, in which case the legacy goes to the grandchild or grandchildren, etc., unless the will indicates a contrary intention.
Time at which Will takes Effect.—A will takes effect as if it had been made immediately before the death of the testator; for instance, if a testator, after having given specific legacies, were to leave the residue of ​his property to X. Y., the property to which X. Y. would be entitled would be the residue of the testator's estate as it existed at the time of his death, and not as it existed at the time the will was made.
Codicil, only Means of altering a Will when Executed.—If after a will has been signed any alteration is required, it can only be made by means of a codicil, which should be in accordance with the following form: This is a codicil to the will of me A. B. of—, which will bears date the .... day of .... Whereas by my said will I have given, etc Now I revoke the said gift of, etc and in lieu thereof I give, etc And in all other respects I confirm my said will. In witness whereof I have to this codicil to my aforesaid will set my hand this . . day of (Attestation required as in the case of the will itself.) A. B.
Who are capable of Making a Will.—A woman married after January 1, 1883, can dispose of her property by will in the same way as any other person. A woman married before that date can dispose of property belonging to her for her separate use, but as there may be a difficulty in determining the extent of such property, she should take legal advice in making a will. A will made by a married woman does not require to be re-executed after the death of her husband. A person under twenty-one years of age cannot make a valid will. Except as above, any person of sound mind and understanding may make a will.
Effect of Marriage on a Will.—A will, whether made by a man or a woman, is revoked by marriage.
* ↑ As to which, see p. 1982.
* ↑ But notice to the owner's wife or to one of the servants, though not expressly in charge of the animal, may, under some circumstances, be Sufficient.
* ↑ Including a cheque which, although drawn to order, has, by being endorsed in blank, become payable to bearer; see previous page.
* ↑ As to the necessity to present a cheque within a reasonable time, see below.
* ↑ And it will not be necessary for the customer to show any special damage,
* ↑ "Relative" includes a relative by marriage.
* ↑ That is, within the area for which a registrar is appointed the whole district being under the management of a superintendent registrar.
* ↑ Or 14 days under the circumstances mentioned below.
* ↑ It is the general duty of any person in whose house a violent or unnatural death occurs to immediately communicate with the Police; if possible, while the body remains in the same position as when the person died.
* ↑ Vis major or act of God only excepted
* ↑ A dog within whistle is not under the actual control of the owner.
* ↑ "Agricultural land" includes market or nursery gardens, and plantations and woods and orchards, and any fences thereon, but does not include moorlands or buildings. "Agricultural crops" includes any crops on agricultural land, whether growing or severed, which are not led or stacked.
* ↑ "Railway" includes a light railway and a tramway worked by steam.
* ↑ The burden of proving that the articles supplied were necessaries lies on the person seeking to make the husband liable.
* ↑ The wife herself will, however, be liable to the extent of her separate property, as to which, see p. 1976.
* ↑ The actual words of the Act are sufficiently wide to include such sources of income as quarries, mines, iron works, tithe rent charge, manorial rights, market tolls, and many other more or less exceptional kinds of property, all of which are assessed according to special rules,
* ↑ As to which see p. 1959,
* ↑ Which would include depreciation of furniture used in the business of letting furnished houses or apartments.
* ↑ But only within the Metropolitan district.
* ↑ For the purposes of the above provision, the keeper of an inn is to be deemed to let for hire part my person admitted as a guest.
* ↑ The expression "occupier" includes a person having the charge, management, or control of a building or of the part of a building in which the patient is, and in the case of a house, the whole or in the case of a lodging-house, the whole of which is let to lodgers, the person receiving the rent, either on his own account or as the agent of another person
* ↑ And, in London, the County Council.
* ↑ A certificate from the Medical Officer of Health for the district as to the sufficiency of the accommodation and sanitary arrangements must, in this case, be produced.
* ↑ Including the County of London.
* ↑ A "borough civil court" means an inferior court of record for the trial of civil actions, which by charter, custom or otherwise is held in a borough, but does not include a county court.
* ↑ The amount may, however, be increased at the discretion of the Judge and by consent of the parties.
* ↑ As to which, see following page.
* ↑ Because the undertaking as to the fitness of the house for habitation amounts to a condition. On breach of an undertaking %vhich only constitutes a warranty or covenant damages may be recovered but the agreement itself cannot be repudiated.
* ↑ Except in the case of small holdings let to persons of the working class; in the letting of which such an undertaking has been imposed by Statute, Tor definition of "Small holding" see Rates p. 1989.
* ↑ See note 2, above.
* ↑ A tenancy which may. but which will not necessarily, last more than that period, is within the exception. See further under Rates.
* ↑ As to which, see respectively Water Rate and Gas.
* ↑ As to which, see Income Tax, p. 1948.
* ↑ In most leases this is made payable by the tenant.
* ↑ The landlord cannot himself become the purchaser,
* ↑ That goods other than the tenant's may be seized, see below.
* ↑ For the summary remedy where such goods have, in fact, been distrained, see following page.
* ↑ As to which, see Lodgers.
* ↑ In the case of an agricultural holding, twelve months.
* ↑ That is to say, not by mistake or under any reasonable claim of right.
* ↑ In the case of income tax it is otherwise
* ↑ Agents or stewards may make the decleration on behalf of their employers.
* ↑ Other than a public stage or hackney carriage.
* ↑ Motors are further required to be registered, and in respect to such registration also a fee is payable.
* ↑ That such are included in the term "carriage," see following page
* ↑ Where a declaration properly made and signed, stated that "the list of articles hereto annexed to a correct inventory," and the inventory was written on the same piece of paper, but was not otherwise signed, it was held to be sufficiently "subscribed" within the meaning of the Act.
* ↑ According to whether it is intended to apply for a certificate of notice or a licence to marry See above
* ↑ In case of residence for more than a month, it is not necessary to state the actual period.
* ↑ These words are only required if the marriage is intended to be in a church or chapel of the Church of England.
* ↑ Where this paragraph is applicable the subsequent one must be omitted, and vice versa.
* ↑ But not before the expiration of three months from the marriage, as copies of the local registers are only sent there quarterly for registration.
* ↑ Which being somewhat technical cannot be adequately dealt with in the limited space that is available.
* ↑ "Contract" here includes the acceptance of any trust or the office of executrix or administratrix.
* ↑ The statements under this head are limited in their application to Domestic Servants.
* ↑ In other actions in the County Court, or in the High Court, an action by a person under twenty-one can only be brought on his behalf by his "next friend," i.e. his father or other near relation.
* ↑ If a servant who has been lawfully dismissed refuses to leave the premises, he may be removed by force; but the prudent course will be to call in the police, though they will not actively interfere so long as the servant is on private premises, unless the master is prepared to give the servant in charge involves trouble, if not risk.
* ↑ See note 3 on previous page.
* ↑ But no communication made by telegram or post card will be considered as privileged, even though it may have been made in good faith.
* ↑ An action for libel or slander can only be brought in the High Court.
* ↑ As to which, see p. 1989.
* ↑ Or he may bring an action for damages.
* ↑ As to which, see p. 1988.
* ↑ Except in the case of a public nuisance, which he may be required to abate, even though it may be attributable to natural causes.
* ↑ If the house had been built for twenty years or more, A would be liable.
* ↑ The duty of a person who keeps animals is the subject of a separate article. See Animals.
* ↑ That is, not for the joint benefit of himself and the person injured, as, for instance, water in a cistern to supply the person injured as well as the other tenants of a house, see p. 1960.
* ↑ As to which, see p. 1981.
* ↑ See further, however, following page.
* ↑ l In the same way as a nuisance under the Public Health Acts, as to which, see below.
* ↑ Which extends over an area with a radius of fifteen miles from Charing Cross, excluding the City of London.
* ↑ And also in any town not within an urban district, if the provisions of the Town Police Clauses Act, 1847, have been expressly adopted by the local authority. In rural districts also the local authority may acquire the right to exercise such of the powers vested in urban authorities as the Local Government Board may by order direct.
* ↑ In which term is included a bicycle.
* ↑ Within the Metropolitan Police District this offence is punishable by a penalty of £5, instead of £2 as elsewhere.
* ↑ For corresponding provisions, in London, see following page.
* ↑ That it is otherwise where the relation between the parties is that of landlord and tenant, and the former has covenanted for quiet enjoyment, see p. 1961.
* ↑ Now the Parish Council or Parish Meeting, as the case may be, in rural parishes.
* ↑ As for instance, in the case of a general district rate, etc; see above.
* ↑ The effect of which is to increase the objector's share of the contribution to be made by the parish fund of the Union.
* ↑ The effect of which is to increase the objector's share of the contribution to be made by the parish fund of the Union.
* ↑ Whether in rural parishes notice must also be given to the parish council or parish meeting is a question on which there is a difference of opinion.
* ↑ In cases where a water-closet has from a date prior to 1891 been used in common by the inmates of two or more houses, and in the opinion of the sanitary authority may continue to be properly so used, a water closet for each house will not be required.
* ↑ But if such ashpit, closet, etc., be so used as to be a nuisance or injurious or dangerous to health summary proceedings may be taken against the owner requiring him to abate the nuisance.
* ↑ The Local Government Board may, if they think fit, by order invest any urban sanitary authority with the powers here referred to.
* ↑ As to cancellation of which, see p. 1996.
* ↑ "Parent" includes father and mother of a legitimate, and the mother of an illegitimate, child.
* ↑ Appointed by the local authority.
* ↑ But the fact that the public vaccinator has omitted to do so does not affect the right, which he has, to take proceedings against the parent, etc., if the child be not duly vaccinated.
* ↑ In the country.
* ↑ In a town.
* ↑ It is sufficient if the summons in fact reaches the person to be notified, though not served upon him personally.
* ↑ Failure to produce the child involves a penalty not exceeding 20s.
* ↑ On the other hand, if the magistrate is of opinion that such person has been improperly summoned, he may order reasonable compensation for his expenses and loss of time to be paid to him.
* ↑ Being Acts passed for the purpose of consolidating the various provisions usually introduced into Acts authorising the the construction of waterworks.
* ↑ If the water be cut off, the Company are bound within twenty-four hours to inform the Sanitary Authority of the fact and inasmuch as a house without a proper water supply is, by the Public Health Acts liable to be dealt with summarily, further trouble may be incurred.
* ↑ That is where the annual value of the house does not exceed £10.
* ↑ The administration in such cases is called "administration with the will annexed," as distinguished from the ordinary case of administration, namely, that in respect to the estate of a person who has died intestate, i.e. without making a will.
* ↑ If the testator is unable to sign, the attestation should be—"Signed by M. N., by the direction and in the presence of the testator A. B., in the presence of us, both being present, etc."
* ↑ The following form may, of course, be varied to suit any circumstances. In many cases the widow is given power to appoint the property as she may think fit among the children, and the testator's declaration of trust is made applicable only in case of a total or partial failure by the widow to exercise such power of appointment.
* ↑ "Real property" consists of freeholds in land or houses; and "personal property" includes all property other than real.