Page:Mrs Beeton's Book of Household Management.djvu/2167

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LEGAL MEMORANDA
1957

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 guinea[1]and 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

  1. The amount may, however, be increased at the discretion of the Judge and by consent of the parties.