The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1872-06-08


| CONCLUDED NEXT WEEK.
<es-
| For The Cecil Wing.
FAMILIAR LAW.
TENANT HOLDING OVER.
1t must be borne in mind that the remedy
by distress extends no further than the
recovery Of the rent due by the tenant.
! In any and all cases where lands or tene,
ments are let or leased for one or more
years, of at will, and the lessor (the one
who lets, his heirs, executors, administra-
tors or assigns, shall wish to have again OF
repossess the said premises, after the expi.
ration of the term of which they were let,
he or they must give notice in writing one
month before the expiration of the tenancy,
to the tenant in possession. [See form
below.l If he shall refuse to comply here
with, complaint should be made before
any two Justices of the Peace of the
county where the lands are situated, and
the said Justices (shall in proof Of pesses-
sion, letting and notice to quit forthwith
issue their warrant to the Sheriff, COM
handing him to summons twelve men to
appear on the premises, on the fourth day
after issuing the same. Notice must also
be given to the tenant in possession, to be
served by the Sheriff, that he appear at
the same time and show cause why the
r.cI,n oil of hn nt,h an
ing of the case the Justices determine &C
cording to the evidence, &c.
Form Of Notice to Tenant to Ont.
As am DESTROYS to have again and re-
possess the premises There describe them ]
which you now hold of me as tenant, |
hereby give You notice to remove from and
quit the same, lat the end of the year, rs
the case may bel Of your tenancy which
shall expire next after the end OF one
month Tor six months, where the renting
is from year to yearl from the date hereof.
Dated this - day of - IS.
--, Plaintiff.
The above notice, it will be seen, will
cover a renting whether from year to year
or for longer period. To illustrate:-
4. rents to 3. the premises for one year;
it requires one months notice. But if B.
holds on for another year without any
notice from \. and A. wishes possession at
the end of the second year, he will have to
give 3. six months notice. Where the
renting is by the month, insert month
instead of year; where by the quarter, put
quarter in place Of year, and quarter in
place of month. This should always be
done, rather than to specify the day when
the time ends. a mistake here might be
fatal, it being preferable that the actual
time of the expiration of the tenancy
should, under the notice, become matter of
proof at the trial.
Notice to quit By tile Tenant.
| hereby give you notice that on the -
day of - shall quit possession of the
premises which now hold Of you, situate
at - in Cecil county.
Dated this - day - IS.
Defendant.
Tor Tenant
Where the notice is in writing it is not
necessary that it should be directed to the
tenant in possession; provided it he per-
sonally served on him. Neither is it neces-
sary that the notice, if in writing, should
be personally served upon the tenant; it is
sufficient if it be left at his house with
servant, from whom it will be presumed it
reached the tenant. The notice must be
positive and explicit. 1t must not be left
to the option Of the tenant whether he
leave the premises or not. If the letting
or renting is quarterly, monthly OF weekly,
the notice must be in a quarter, month
or week, corresponding with the letting.
Where there is no agreement, by which
the tenant of the tenancy is fixed, the
notice must be half year; where the
tenancy is limited by an agreement between
the parties, one months notice will he suffi-
Gent to terminate the tenancy. A receipt
for rent up to particular day, stating
years rent to be due, is prima facias evil
dence of the commencement of the tenancy
on that day. The particular terms rs
applicable to landlord and tenant not being
generally understood, definition Of some
of the principal ones is here given.
4 tenant for years is he to whom another
has let lands, and hereditiments for term
of certain years, or for a less definite period
of time, and the lessee enters thereon. A
tenant from year to year is he to whom
another has let lands or tenements without
any certain or determinate estate; especi-
ally if an annual rent be reserved. And
when person is let into possession as
tenant without any agreement as to time,
the inference now is that he is tenant from
year to year, until the contrary be proved;
but of course such presumption may be
rebuttcd.
The difference between tenant from
Il distinction in words than in substance.
Tcnements at will is when lands or tene-
ments are let by one man to another to
have and to hold to him at the will of the
lessor, by force of which the lessee is in
possession In this case the lessee is called
tenant at will J. Z. WILSON.
70" Wilmington, Delaware, is a tfriv-
ing city-made so by its manufacturers
Not the least Of these is the establishment
for making the " Wilmington City Soap"
which is in such general use over the
country.
s9S"" If all all the world were blind"
said an Irish clergymen, "what a melan-
choly sight it would be"