Appraisement, 6d. in the pound on the value of the goods. All expenses of advertisements (if any) s. d. IO O 9329. Strict Limitation.-The limitation of costs under a distress for an amount of rent not exceeding £20, is enforcible by very severe provisions, enacted against any person who may exceed them; thus, 9330. Statutory Punishment.-When the amount of rent on account of which a distress proceeds does not exceed £20, it is enacted that If any person or persons whatsoever shall in any manner levy, take, or receive from any person or persons whatsoever, or retain or take from the produce of any goods sold for the payment of such rent, any other or greater costs and charges than are mentioned and set down in the said schedule (9228), or make any charge whatsoever for any act, matter, or thing mentioned in the said schedule, and not really done, the party aggrieved may apply to a justice of the peace or other magistrate in the district for redress; and thereupon such justice shall summon the party complained of, shall examine into the matter of complaint, and hear the defence; and if it appear to him that the matter of complaint is true, he shall order and adjudge treble the amount of moneys so unlawfully taken to be paid, by the party so having acted, to the party complaining, together with full costs; and in case of non-payment, the justice may forthwith grant his warrant to levy the same by distress; and if there be no sufficient distress, he may commit the party or parties to prison, there to remain until the judgment be satisfied. 9331. Costs of Complainants.—The costs of a complainant who may fail to establish a charge of excessive costs under a distress for rent, are limited by statute to an amount not exceeding twenty shillings. 9332. Bailiff Responsible.-The penalties for levying excessive costs under a distress for rent can only be recovered from the person who charged them. 9333. Not the Landlord. The landlord is exonerated unless he made the distress in person. 9334. Witnesses under Compulsion.-Witnesses who are summoned to give evidence relative to excessive costs under a distress for rent, are expressly liable to a penalty of forty shillings should they fail to attend. 9335. Above £20.--When the amount of rent under which a distress proceeds is over £20, there is no precise legal limit to the costs which may be incurred; but, 9336. Excessive Expenses.-In all cases of distress for rent the landlord is liable, in an action for recovery, to reimburse the tenant or other owner of the property for any excessive expenses which may have been incurred—the question of excess being one for a jury to determine. BALANCE. 9337. Payable to Public Official.-When the proceeds of the property sold under a distress for rent exceed the amount of rent and costs, the landlord is bound to pay immediately the balance or overplus to the sheriff, under-sheriff, or constable of the parish, for the owner's use; and 9338. Due to Tenant on Application. The owner of property sold under a distress for rent is entitled to any balance of the proceeds which may be left over and above rent and costs, on demand upon the sheriff, under-sheriff, or constable in whose hands it has been deposited. COMPULSORY ALACRITY. 9339. In all cases of distress for rent, the landlord is legally bound to proceed with every reasonable alacrity consistent with the requirements of the law. 9340. Bound to Withdraw.-When a landlord has procured payment of his rent and costs, he is bound to withdraw from possession with all possible speed; and 9341. Damages. The landlord is liable to answer to the tenant, in an action for damages, in respect of any delay, waste, depreciation, informality, or irregularity which has occurred during the proceedings. DEFICIENCY. 9342. Second Seizure.--When the property taken under a distress for rent proves insufficient to pay the whole of the rent and costs, and there is other available property remaining, the landlord or his agent may make a second seizure upon such remaining property; but, 9343. Risk of Damages.--When it becomes necessary to make a second distress for rent, in consequence of careless indifference on the part of the landlord as to the value of the property first seized, the tenant may recover damages for needlessly prolonging the proceedings (9339). ACTIONS FOR RENT. WHEN INSUFFICIENT PROPERTY. 9344 When the property taken under a distress for rent proves insufficient to pay the rent and costs, and there is no remaining property available for further distress, the tenant becomes liable in an action for payment of the unpaid balance; and 9345. Common Debt.-In all cases of money owing for rent, whether there is property available for a distress or not, the landlord is entitled to his action against the tenant as for a common debt; thus, UNDERLETTING. 9346. Original Tenant Liable.—If a tenant assigns or underlets his tenancy, and the person to whom he assigns fails to pay the rent, under a distress or otherwise, the original tenant is liable to an action for the rent, unless the landlord has expressly absolved him from the responsibility by accepting the new tenant; and 9347. Under Tenant may be passed by.-If A becomes a tenant under an agreement or lease in which he expressly covenants to pay rent, and afterwards assigns his tenancy to B, the landlord may pass by B altogether (whether he is able to pay the rent or not), and insist upon payment by A; and 9348. Refusal of Tender.—Though B, a tenant by assignment without consent, should tender to the landlord all the rent due, and the landlord should refuse the tender, that will not exonerate A, the original tenant, from payment. USE AND OCCUPATION. 9349. In some cases where premises have been occupied without any specific agreement as to terms, an action against the tenant must be, not for rent, but for "use and occupation." ILLEGAL OCCUPATIONS. 9350. An action for rent or occupation will not lie against a tenant who, with the knowledge and assent of the landlord, used the premises for the carrying on of any illicit trade or infamous profession contrary to law. NOTICE OF MORTGAGE OR SALE. 9351. When a tenant receives notice that the premises in his occupation have been mortgaged or sold, and that he must herce forth pay all rent falling due after such notice to the mortgagee or purchaser, the tenant is legally bound to assent to the arrangement, and is entitled to resist any proceedings which the original landlord may afterwards take for the recovery of such rent. 9352. Contending Landlords.-When a tenant is doubtful who is the rightful owner, it is unsafe to pay the rent to either claimant ; the proper course in such a case is to challenge a distress and then to proceed by replevin (9290). DESTRUCTION BY FIRE, &c. 9353. A plea that premises have been burnt (8718), or have tumbled down (8734), or have become dangerous, or otherwise unfit for occupation, is generally no defence to an action for rent. TERMINATION OF TENANCIES. TENANCY UNDISTURBED. 9354. Distress, or action for rent, in no wise alters the relationship between a landlord and tenant, as such; for, 9355. Legal Termination.-A tenancy, as against both landlord and tenant, continues until it is terminated by some occurrence or process expressly recognized by law for that purpose. CERTAIN TERM. 9356. When a lease or agreement provides for the continuance of a tenancy for a term certain, the tenancy terminates at the end of the term, without regard to notice on either side. NOTICE TO QUIT. 9357. An obligation both upon a landlord and tenant to give notice of an intention to terminate a tenancy, may arise either by express agreement or by custom. EXPRESS AGREEMENT. 9358. Contrary to Custom.-Any express agreement between a landlord and tenant for a notice to quit is binding upon both, whether it be for three hours or three years, or any intermediate term, no matter how unusual or eccentric, or contrary to custom, the arrangement may be. CUSTOM. 9359. When there is no mention in a lease or agreement of notice to quit, and there is no certain term appointed for the continuance of the tenancy, a mutual obligation to give notice to quit arises spontaneously. ANNUAL TENANCIES. 9360. End of Whole Year.-When a tenancy is implied or expressed to be annual, or from year to year, without any express provision about termination, it can only end at the time of the year when it began; and 9361. Six Months.—After a notice to quit, given half a year previously (9363); but, 9362. Halj-Quarters.-When a tenant enters in the middle of a quarter, and pays rent for half that quarter (8317), and afterwards pays rent quarterly on the usual quarter days (9049), the tenancy is presumed to commence, and to be liable to end, on the quarter day next after the original entry-the half-quarter being ignored in reckoning the commencement of the tenancy. UNUSUAL PERIODS. 9363. When a tenancy from year to year has commenced on an unusual day (8307), other than a recognized quarter day, the notice to quit, in the absence of any stipulation to the contrary, must be given an entire half-year, or at least 183 days, previously to such unusual day; thus, 9364. Spring to Autumn.—If an annual tenancy commences on the 15th of November, without any express provision about notice to quit, the notice will be good if received on the 14th of May, as that gives 184 days; but, 9365. Autumn to Spring.—Should an annual tenancy commence on the 15th of May, without any express provision about notice to quit, it will not be safe to defer the notice till the 14th of November, as that would give but 181 days, the latest safe day being the 11th of November. USUAL PERIODS. 9366. Two Recognized Quarters.—When an annual tenancy commences on any usual quarter day (8349) without any express provision about notice to quit, the notice is good at an interval of any two clear recognized quarters; thus, 9367. Long Half-Years.-If an annual tenancy commences on the 29th of September without any express provision about notice to |