29. *Notice by a Mortgagee to a Purchaser of the existence of his

NOTICES.

Purchaser.

Mortgage.

SIR,

I HEREBY give you notice, that (the mortgagor) of, &c. by indenture

after the rate of £5 per centum per annum, which said principal sum,
with the further sum of L
for arrears of interest up to

last, is still owing to me upon the said security.

To, &c.

(Mortgagee).

30. A Notice by a Mortgagee to the Tenant of the Premises to pay To pay rent to Rent to him in liquidation of arrears of Interest (1).

mortgagee.

SIR,

I hereby give you notice, that I am a mortgagee of the premises now in your occupation, situated at

day of

、

for the sum of £

owing to me from (the mortgagor) of, &c. by virtue of an indenture-
bearing date the
, and made between, &c.
interest, after the rate of 5

and for which sum one half year's (2)

(1) Since the statute of 4 Ann. c. 16. dispensing with attornment, the mortgagee becomes entitled to the rents of the mortgaged premises on giving notice of his mortgage to the tenant (those being equally liable to the payment of the debt as the profits of the land; Moss v. Gallimore, 1 Dougl. 279.), and having the legal interest in the reversion may distrain for it.

Mortgagee on notice entitled

to rent.

No more rent should be dewill satisfy the

(2) As the mortgaged premises belong at law entirely to the mortgagee, he is, upon giving notice, entitled to the whole of the rents and profits, see supra, n. (1); but as the receipt of the whole would, if more than the sum due to him for interest, make him a trustee for the residue, interest.

manded than

NOTICES.

To pay rent to mortgagee.

per cent. per annum, was due to me on the

day of

last past. And I hereby require you pay to me the sum of £
being the amount of such interest in part of the rent [as the case
may be], payable by you for the said premises, on the next day of
payment of such rent, and so until further notice from me in that
behalf. And in default thereof I shall pursue such remedies as are
allowed by law for recovering the same. Dated this
day

of

To (tenant of the premises) of, &c.

(Mortgagee).

To quit

By landlord.

31. A Notice by a Landlord to his Tenant to Quit Possession of the Premises on the expiration of his Term (1).

SIR,

I hereby give you notice to deliver up possession of the messuage or tenement and premises situated at

which you now hold of me, at day next, if your term or tenancy commenced on that feast day of the year, and if not (2), then at such feast-day in the year at which your said term or tenancy commenced, which

Notice to quit must be in writing, if double

value be insisted

on.

Notice to quit

must expire on day tenancy commenced.

and of course accountable for deductions for land-tax and other outgoings which he might be obliged to allow the tenant, it is better that no more than the sum due to himself (if his object be only to obtain payment of the interest due to him) should be demanded. If, however, he find his security to be scanty, the notice may be to pay him the whole of the rent, which, if more than the arrears of interest due, he will have a right to apply in part discharge of the principal.

(1) This notice to quit, given by a landlord to his tenant, is required by the act, referred to below, to be in writing, if double the annual value of the premises is intended to be insisted upon; but where it is only to entitle the lessor to an action of ejectment, a parol notice will be sufficient; see Doe. dem. Lord Macartney v. Crick, 5 Esp. 196; Cobb v. Stokes, 8 East, 358. even although given on behalf of an aggregate corporation. Roe v. Pierce, 2 Campb. 96. but for the more easy proof of notice, it is always advisable that it should be in writing.

(2) As it is essential that notice to quit should expire on the same feast or other quarter day as that upon which the tenancy commenced; see post. next page n. (1) these words are inserted to prevent the lessee taking advantage of any mistake of the lessor in this respect (to which when he is an assignee only of the term he is liable) and throwing the landlord over to another year, and they have been determined to be sufficient for this purpose. See Doe dem. Phillips v. Butler, 2 Esp. 589.

shall happen at or next after the end of one half year (1) from the date hereof; and that in default thereof, I shall require you to pay double the annual value (2) of the said premises thenceforth until

NOTICES.

To quit

By landlord.

premises are on

(1) No notice to quit at the end of the term, is necessary to be given Notice to quit in respect of premises holden upon lease. See Messenger v. Armstrong, unnecessary if 1 Durnf. and E. 54. unless for the purpose of compelling payment of double annual value under 4 Geo. 2. c. 28. where it is suspected that the tenant means to hold over.

But a tenant at will, or from year to year, is entitled to one clear half-year's notice prior to the end of the current year, which notice must expire at the same feast-day or other period of the year at which his tenancy commenced. See Parker dem. Walker v. Constable, 3 Wils. 25; Roe dem. Jordan v. Ward, 1 Hen. Blac. 97; Right dem. Flower v. Darby, 1 Durnf. and E. 159; Shirley v. Newman, 1 Esp. 266; and this period of half a-year will be equally necessary although the reservation of the rent be reserved by quarterly or shorter times of payment; Shirley v. Newman, 1 Esp. 266. Where, however, the premises are not holden by the year, but by the month, &c. then it seems that any notice equal to the term for which the premises were taken will be sufficient; see Doe dem. Parry v. Hazell, 1 Esp. 94; Doe dem. Peacock v. Raffan, 6 ib. 4; Doe dem. Pitcher v. Donovan, 1 Taunt. 555. unless a longer period of notice, or any different time for its expiration be expressly agreed upon between the parties; Roe v. Charnock, Peake 4; Doe dem. Pitcher v. Donovan, 2 Campb. 78; 1 Taunt. 555. S. C.; and where the entry upon the premises was at any time between the usual quarter days the notice to quit must, it should seem, expire on the day of entry, or some corresponding day calculated from such day; see Kemp v. Ferret, 3 Campb, N. P. 510.

And it is to be observed that where two or more persons are landlords of the premises, as joint-tenants, it has been holden that they must all join in the notice, see Right dem. Fisher v. Cuthell, 5 Esp. 149; and no assent or conformity by the other party afterwards will cure the defect; see Right dem. Fisher v. Cuthell, 5 Esp. 149; 5 East, 491. S. C. but in the case of Doe dem. Whayman v. Chaplin, 3 Taunt. 120; it was holden after much discussion that notice by one joint-tenant would determine the demise of his part, although not of the whole of the premises; and see also Dyer 23 b. pl. 146.

Notice to one of several joint-tenants, if in possession, will however be good as against them all, as they all constitute but one tenant, Doe dem. Lord Macartney v. Crick, 5 Esp. 196; Doe dem. Bradford v. Watkins, 7 East, 551. 3 Smith, 517: S. C. but otherwise, where they are tenants in common, in which case each holds his moiety, &c. in se veralty.

N.B. After notice to quit has been given, the landlord must be careful not to receive any rent which became due subsequently to the expiration of the notice, as such acceptance will be a waiver of the notice; Goodright dem. Charter v. Cordwent, 6 Durnf. and E. 220; Zouch dem. Ward v. Willingale, Hen. Blac. 311; Doe dem. Cheney v. Batten, Cowp. 245.

(2) By the 4 Geo. 2. c. 28. s. 1. it is enacted that if any tenant for

lease.

Tenants from

year to year

entitled to half a

year's notice.

Notice to quit by one joint

tenant insufficient.

Notice to one of several jointtenants to quit,

good.

Acceptance of

rent subsequently accrued a

waiver of the notice to quit.

Tenant holding over after the

up possession, by virtue of the statute in that case made

and provided. Dated this

To (the tenant) of, &c.

day of

(Landlord).

To quit By tenant.

32. A Notice by a Tenant to his Landlord of his intention to give up Possession of the Premises.

notice, shall pay double the yearly value.

Notice given by tenant need not be in writing.

Tenant holding over after notice given by him, liable to double rent.

SIR,

I HEREBY GIVE YOU NOTICE (1) that I shall quit possession of the messuage or tenement and premises which I now hold of

you situ

at the expiration of six months from the

day of

ated at
date hereof, (that is to say) on the
now next ensuing (2), being the quarter-day at which I commenced
my tenancy of the said premises. Dated this

To (the landlord) of, &c.

day of

(Tenant).

life or years, or persons coming in under or by collusion with them, hold over any lands or tenements after the determination of their estates, and demand made, and notice in writing given for the delivering the possession thereof, by the landlord or the person having the remainder or the reversion therein, or by his agent, lawfully authorized, such tenant so holding over shall pay to the person so kept out of possession at the rate of double the yearly value of the lands or tenements so detained, for so long a time as the same shall be detained.

(1) A notice to quit when given by the tenant need not be in writing; see Timmins v. Rowlinson, 3 Burr. 1607 (in which it differs from that given by the landlord, see ante, p. 26, n. (1).); but for the reason mentioned in the preceding note it is much better that it should be.

up

(2) If the tenant give notice to the landlord of his intention to give the premises, and do not quit possession at the expiration of the time mentioned in his notice, he is liable by 2 Geo. 2. c. 19. s. 18. to pay double rent for so long a time as he shall hold over, and which double rent may be levied, sued for, or recovered in the same manner as the former rent.

33. A Notice by one Copartner to another requiring Disputes to be referred to Arbitration (1).

NOTICES.

Of reference to arbitration.

that

SIR,

I hereby give you notice of its being my desire that the differences now subsisting between us respecting, &c. [state the subject of difference] and all other matters having any relation thereto, be referred to arbitration, in conformity to the clause or stipulation for purpose contained in the deed or articles of copartnership between us. And in pursuance thereof, I do hereby name and appoint A. B. of, &c. my arbitrator concerning the premises. And I hereby give you further notice, that in default of your naming an arbitrator therein on your behalf, by the space of fourteen days next after the date hereof, I shall, at the expiration of that period, submit the subject of the said dispute to the arbitration of two indifferent persons, to be by me named (the said A. B. being one) for the purpose of their determining the same, in pursuance of the authority given to me for that purpose, in or by the said articles of copartnership. Dated day of

this

To (the copartner) of, &c.

(Copartner).

(1) This notice is framed in conformity to the usual clause of reference of disputes to arbitration, but may be adapted to any other like clause for the same purpose; if an arbitrator be not named by the other party, in pursuance of the notice, a similar notice should be given of a second arbitrator being appointed, as referred to in the latter part of the above notice, with which second notice it will be proper that a bond should be executed by the party giving the notice, and delivered to the other party, binding himself to abide by the award of the arbitrators or their umpire, the form of which bond may be seen, Vol. II. No. CXCIV. . p. 93.