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Page:Mrs Beeton's Book of Household Management.djvu/2181

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1971
LEGAL MEMORANDA

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.[1] 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 eased 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. Yhere the parents intend to thus provide for their offspring them specifically in their wills, for the expression "children," when used in a will, only includes legitimate children, unless on 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:—

  1. 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.