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Page:Mrs Beeton's Book of Household Management.djvu/2213

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2003
LEGAL MEMORANDA

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.[1] This does not, however, apply where the owner and not the occupier is liable by law,[2] 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 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.[3]

  1. 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.
  2. That is where the annual value of the house does not exceed £10.
  3. 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.