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District Court of Bankruptcy, Sheffield, last ex.-Wm. T. monger.-William Harris Spicer, Dudley, Worcestershire,
Samuel Phillips Southam and Adam P. Trow, Cleobury 5 at 12, Court of Bankruptcy, London, aud. ac.- - Thomas Pye, Manor-street, Chelsea, Middlesex, sawyer, April 21 at
PETITION ANNULLED. 12, Court of Bankruptcy, London, aud. ac. — Thomas Nixon
William Morris, Ludlow, Shropshire, innkeeper. Kerr, Biggleswade and Southhill, Bedfordshire, miller, April
Scotch SEQUESTRATIONS. 21 at 11, Court of Bankruptcy, London, aud. ac. - John
Geo. Finlay, Glasgow, wine merchant.- Alex. Ronaldson, Smith and James Smith, Brighton, Sussex, and King-street, Wick, Alesher.- Daniel M'Ewan, Glasgow, cabinet maker. Snow-bill, London, stationers, April 21 at 12, Court of Bank. George Lang, Baillieston, Lanarkshire, cattle dealer. ruptcy, London, aud. ac.-Edmund Spettigue and George Farrance, Chancery-lane, Middlesex, booksellers, April 21 at
INSOLVENT DEBTORS half-past 1, Court of Bankruptcy, London, aud. ac.- Sampson Who have filed their Petitions in the Court of Bankruptcy, Langdale, John Eyton, and Masta Joscelin Cooke, Newcastle- and have obtained an Interim Order for Protection from upon-Tyne, merchants, May 2 at 11, District Court of Bank. Process. ruptcy, Newcastle-upon-Tyne, aud. ac. sep. est. of John Mary Batters, Horfield, Gloucestershire, retailer of beer, Eyton, and aud. ac. and div. sep. est. of Sampson Langdale. May 18 at half-past 10, County Court of Gloucestershire, at -John M Gibbon and Archibald Galbreath, Kingston-upon- Bristol.-Wm. Scammell, Bristol, fruiterer, May 18 at halfHull, merchants, May 3 at 12, District Court of Bankruptcy, past 10, County Court of Gloucestershire, at Bristol.- Samuel Kingston-upon-Hull, aud. ac.; at half-past 12, div.-James Randle, Bridgetown, Berry Pomeroy, Devonshire, assistant Cowderoy, Hammersmith, Middlesex, omnibus proprietor, draper, April 27 at 11, County Court of Devonshire, at Totnes. May 2 at 1, Court of Bankruptcy, London, div.-J. Turner, -John Symons, Jump, Bickleigh, Devonshire, mason, May Uckfield, Sussex, grocer, May 2 at 11, Court of Bankruptcy, 31 at 11, County Court of Devonshire, at East Stonehouse. London, div.-Samuel G. M. Scowen, Wood-street, Cheap- Thomas Hopkins, Southampton, publican, April 20 at 10, side, London, warehouseman, May 2 at 2, Court of Bank. County Court of Hampshire, at Southampton.-- John Roberts, ruptcy, London, div.-Robert W. Wright, Charles Davy, Wrexham, Denbighshire, grocer, April 25 at 10, County Court and Jacob Dixon, Devonshire-street, Queen-square, Blooms- of Denbighshire, at Wrexham.- John Ratcliffe, Bury, Lancabury, Middlesex, goldsmiths, May 9 at 11, Court of Bank- shire, tailor, May 3 at 11, County Court of Lancashire, at Bury. ruptcy, London, fin. div. sep. est. of Charles Davy.--William
-Wm. W. Jones, Machynlleth, Montgomeryshire, attorneyCharlton, Basingstoke, Southampton, grocer, May 9 at 12, at-law, May 15 at 10, County Court of Montgomeryshire, at Court of Bankruptcy, London, div.-Osborn Engall Teasel, Machynlleth.- Charles Goddard, Greasbrough, Yorkshire, Norwich, timber merchant and sawyer, May 9 at 11, Court grocer, April 28 at 12, County Court of Yorkshire, at Rotherof Bankruptcy, London, div.--Henry Chown, St. Swithin's- ham. - Thomas Health, Bentley, Staffordshire, beer-house lane, London, and Croydon, Surrey, wine merchant, May keeper, April 22 at 10, County Court of Staffordshire, at 12 at 11, Court of Bankruptcy, London, div.-John Til. Walsall.-Wm. Thurley, Royston, Cambridgeshire, grocer, bury the younger, Gloucester-place, New-road, Middlesex, April 21 at 12, County Court of Hertfordshire, at Royston.coachmaker, May 5 at 11, Court of Bankruptcy, London, div. John Towns, Manchester, provision dealer, May 1 at 12, -John Tate, Darlington, Durham, iron merchant, May 3 at County Court of Lancashire, at Manchester.—Thomas A. P. 11, District Court of Bankruptcy, Newcastle-upon-Tyne, fin. Giles, Park-street, Forton-road, near Gosport, Hampshire, div.-Henry Shead, Witham, Essex, miller, May 5 at 11, clerk on board her Majesty's convict hulk Stirling Castle, Court of Bankruptcy, London, aud. ac.
Gosport, May 6 at ii, County Coart of Hampshire, at CERTIFICATES.
Portsmouth. To be allowed, unless Cause be shewn to the contrary on or The following Persons, who, on their several Petitions filed in before the Day of Meeting.
the Court, have obtained Interim Orders for Protection from Wm. Hollis Frearson, Wood-street, Cheapside, London,
Process, are required to appear in Court as hereinafter and West Ham, Essex, sewing-cotton manufacturer, May 3 at
mentioned, at the Court-house, in Portugal-street, Lin. half-past 2, Court of Bankruptcy, London.-George Coode,
coln's Inn, as follows, to be examined and dealt with Victoria-street, Westminster, Middlesex, patent irrigator, May
according to the Statute :3 at half-past 1, Court of Bankruptcy, London. Claudius April 26 at 10, before Mr. Commissioner MURPHY. Alfred Scrivener, Old Change, London, milliner, May 3 at 2, James East, Newgate-market, London, poultry salesman. Court of Bankruptcy, London.-Jacob Stone, Little Moor - Harry Guerin, Jermyn-street, St. James's, Westminster, fields, London, coachmaker, May 2 at 12, Court of Bank. Middlesex, cook.-John F. Sharman, Warwick-street, Bel. ruptcy, London. - Robert Bishop, Vere-street, Oxford-street, grave-road, Pimlico, Middlesex, upholsterer.-R. Connor, Middlesex, hotel keeper, May 5 at 12, Court of Bankruptcy, Church-street, Hackney, Middlesex, furniture dealer.-James London.--Henry Shead, Witham, Essex, miller, May 5 at 11, Austen, Poplar-row, New Kent-road, Surrey, coachman.-C. Court of Bankruptcy, London.--Wm. Birkett, Manningham, T. Butterfield, Barking, Essex, fisherman.-H. Pimm, FrancisBradford, Yorkshire, soap manufacturer, May 30 at 11, Dis- street, Westminster-road, Lambeth, Surrey, chandler-shop trict Court of Bankruptcy, Leeds.-C. Bowe Palmer, New- keeper.-E. B. Breton, Whitehead's-grove, Brompton,
Midport, Monmouthshire, porter merchant, May 5 at 12, District dlesex, superannuated clerk of the Metropolitan Police Force. Court of Bankruptcy, Bristol.-Sampson Langdale, J. Eyton, - Thomas Barrett, Uxbridge Moor, Hillingdon, Middlesex, and Masta J. Cooke, Newcastle-upon-Tyne, merchants, May wharfinger.- John Foster, Hurdle-street, Wellington-street, 3 at half past 11, District Court of Bankruptcy, Newcastle. Shacklewell, Middlesex, carpenter. upon Tyne.-Joseph Ellis, Ardwick, near Manchester, joiner, May 5 at 12, District Court of Bankruptcy, Manchester.-J.
April 27 at 11, before Mr. Commissioner Phillips. Ashworth, Litchurch, near Derby, hotel keeper, May 5 at 10,
Francis Pegg Payne, Long-acre, Middlesex, coach fringe District Court of Bankruptcy, Nottingham.---s. Bartholomew, weaver.-Charles Cook, South-street, King's-road, Chelsea, Birmingham, licensed victualler, May 6 at 10, District Court of Middlesex, out of business. -Robert J. Bugg, Key’s-terrace, Bankruptcy, Birmingham.
Greatchurch-lane, Hammersmith, Middlesex, carpenter.-C.
Kersting, Pultney-terrace, Barnsbury-road, Islington, MidTo be granted, unless an Appeal be duly entered. dlesex, compositor. - Samuel Arundel, Elizabeth-place, AnnWm. Charlton, Basingstoke, Southampton, grocer.- Henry street, Globe-fields, Mile-end, Middlesex, cabinet maker.-T. Green, Stoke-by-Nayland, Suffolk, baker.- John Smith and Arundel, Elizabeth-place, Ann-street, Globe-fields, Mile-end, James Smith, Brighton, Sussex, and King-street, Snow-hill, Middlesex, cabinet maker.-J. Tompkins, John-street, HolLondon, stationers.- Thomas Lamb Atkinson, Wood-street, land-street, Blackfriars-road, Surrey, wood turner.-J. Head, London, linen warehouseman.-Geo. Collier, Landport, near Blackmoor-street, Drury-lane, Middlesex, publican.- Charles Portsea, Southampton, draper.--Thomas Lett, College-street, Dugard, Woodland-street, Dalston, Middlesex, commission Camden-town, Middlesex, builder.- Mackinsey Bowell, Man- agent. Martha Neville, Francis-street, Tottenham-court. chester, publican.-Geo. Warhurst, Leigh, Lancashire, iron-1 road, Middlesex, tailor.
Saturday, April 8.
halgh, Manchester, out of business : in the Gaol of Lancaster. Assignees hate been appointed in the following Cases. Pur. --Emanuel Peter Downs, Haughton, near Manchester, sur.
ther particulars may be learned at the Office, in Porlugal. geon : in the Gaol of Lancaster.—Thomas Jones, Liverpool, street, Lincoln's-inn-fields, on giving the Number of the painter: in the Gaol of Lancaster. John Bromley, Man. Case.
chester, cowkeeper: in the Gaol of Lancaster.-Edmund TayJames Greenwood, Springhead, near Keighley, Yorkshire, lor, Rochdale, Lancashire, cotton waste spinner : in the Gaol out of business, No. 77,45i C.; John Appleyard and John of Lancaster.- Solomon Hart, Portsea, Southampton, clothier : Sateliffe, assignees.-Wm. C. Greenwood, Springhead, Keigb- in the Gaol of Winchester. ley, Yorkshire, farmer, No. 77,454 C.; John Appleyard and the following Prisoners are ordered to be brought up before John Sutcliffe, assignees.-Ann James, Tiddenham, Glouces
the Court, in Portugal-street, to be examined and dealt tershire, in no business, No. 72,837 C.; Samuel Sturgis, new
with according to the Statute:assignee; Joseph Gibbs Duffett, late assignee, removed.-John Wormald, Manchester, packer, No. 77,554 C. ; Edward J.
April 25 at 10, before Mr. Commissioner MURPHY. Hughes, assignee.
Thomas Baughan, Catherine-st., Commercial-road East, Saturday, April 8.
Middlesex, cooper.-George Cluer Gwynn, Old-street-road, Orders have been made, vesting in the Provisional Assignee Shoreditch, Middlesex, licensed dealer in beer.-W. Wright, the Estates and Effects of the following Persons :
Frederick-st., Gray's-inn-road, Middlesex, working engraver. (On their own Petitions).
Charles Cole, Upper Eaton-st., Pimlico, Middlesex, waiter, John C. Trotter, Sloane-terrace, Sloane-street, Chelsea, waiter.-John Brinkworth, Albert-terrace, Bishop's-road,
- Albert Rowsell, Upper Eaton-street, Pimlico, Middlesex, Middlesex, in no business : in the Queen's Prison.- Thomas Paddington, Middlesex, auctioneer's clerk. B. Linsey, Lee-street, Kingsland-road, Middlesex, out of employ : in the Queen's Prison.-Thomas Bristow, Wardour
April 26 at 10, before the CHIEF COMMISSIONER. street, Sobo, Middlesex, dairyman : in the Queen's Prison.- Wm. Daniel Lovell, White Lion-st., Clerkenwell, MiddleThomas Davis, Princes-street, Bedford-row, Middlesex, milk- sex, goldbeater. Wm. Grey Rea, Wyndham-place, Bryanman : in the Debtors Prison for London and Middlesex.-T. stone-square, Middlesex, wine merchant.-William Jubber Fisher the elder, Gower-street, Bedford-square, Middlesex, Spurrier, Maddox-street and Burlington-mews, Regent-st., pianoforte maker : in the Debtors Prison for London and Middlesex, wine merchant.-John Peter Brust, Royal-street, Middlesex.-James Brown, Wellington-plaee, St. George's-in- Royal-road, near Kennington-common, Surrey, out of busithe-East, Middlesex, out of business : in the Debtors Prison ness. — Thomas Gibson, Wellington.place, Park-road, New for London and Middlesex.-Wm. Rolfe, Kennington-green, Peckham, Old Kent-road, Surrey, grocer.-Robert Andrews, Surrey, baker : in the Gaol of Surrey.-George Kitchen, Gre- Angel-alley, Little Moorfields, London, livery-stable keeper ville-street, Hatton-garden, Middlesex, cheesemonger : in the and job master. Queen's Prison.-L. E. Prescott, Oak-place, Battersea, Sur. rey, in no business : in the Queen's Prison.-C. B. Baird, The following Persons, who were ordered to be brought up Clifton-street, Finsbury, Middlesex, out of business : in the
before the CAIEF COMMISSIONER on April 26, at the Court. Debtors Prison for London and Middlesex.-J. W. Davies,
house, Portugal-street, Lincoln's-inn, to be dealt with Grove-place, St. John's-wood, Middlesex, furniture broker:
according to the Statute, will not be heard on their Peti. in the Debtors Prison for London and Middlesex-Thomas
tions on that Day, but on April 27 at 10 precisely :Green, Parker-street, Drury-lane, Middlesex, greengrocer: in William Daniel Lovell, (sued as W. D. Lovell).-William the Debtors Prison for London and Middlesex.-Ě. Powell, Grey Rea, (sued as W. G. Rea, and as William Gray Rea).York-place, Portman-square, Middlesex, in no business : in William Jubber Spurrier.- John Peter Brust, (sued as the Debtors Prison for London and Middlesex.—Thomas John Brust). - Thomas Gibson.-Robert Andrews. Kinner, New Inn, Old Bailey, London, general carriers' agent : Adjourned :-Robert Broad. in the Debtors Prison for London and Middlesex.-William
Remanet:-William Brock Wild. Arton, Upper Park-street, Liverpool-road, Islington, Middlesex, commission agent : in the Queen's Prison.- Joseph Bland,
Final Orders :- James Forrest.-George Frost the younger. Stone-hill, Long-cross, Chertsey, Surrey, not in any business :
-George Lilley. in the Gaol of Surrey.-W. Griffiths, Gloucester-road, Cam. The following Prisoners are ordered to be brought up before berwell, Surrey, maltster : in the Debtors Prison for London a Judge of the County Court, to be examined and dealt and Middlesex.- Edward Burnand, Petersfield, Southampton, with according to the Statute: grocer: in the Gaol of Winchester.-Wm. Plant, Dresden, at the County Court of Shropshire, at SARBWSBURY, near Longton, Staffordshire, out of business : in the Gaol of Stafford. Samuel Townsend, Hawksclough, near Hebden
April 25 at 10. bridge, near Halifax, Yorkshire, dyer of cotton cloths : in the
John Cowdell, Oswestry, bookbinder. Gaol of York.- Enoch Haller, Kingston-upon-Hull, shipping At the County Court of Gloucestershire, at BRISTOL, clerk: in the Gaol of Kingston-upon-Hull.-Hugh Fulton,
April 27 at half-past 10.
H. Pool, Weston-super-Mare, mason.-Richard Parker,
Bath, wharfinger. the Gaol of Worcester. - Joseph Charlesworth, Ardwick, Manchester, fruiterer and greengrocer : in the Gaol of Lan. At the County Court of Buckinghamshire, at AYLESBURY, caster. – John Preston, Blackburn, Lancashire, cut looker :
April 27 at 1. in the Gaol of Lancaster.-Wm. Cameron, Newcastle-upon
James Howard, Newport Pagnell, licensed victualler. Tyne, confectioner: in the Gaol of Newcastle-upon-Tyne.William Radcliffe, Oldham, Lancashire, assistant to a woollen At the County Court of Bedfordshire, at BEDFORD, April 29 rag dealer : in the Gaol of Lancaster.-James Vincett, North.
at 10. fleet, Kent, baker's foreman : in the Gaol of Maidstone.-W. John Ladkin, Pertenhall, farm bailiff. Humphryes, Gravesend, Kent, licensed victualler : in the Gaol of Maidstone. -John Cowdell, Oswestry, Shropshire, book
INSOLVENT DEBTORS' DIVIDENDS. seller : in the Gaol of Shrewsbury.-- John Hall, Gilesgate, Joseph Philip Press, Church-street, Hackney, Middlesex, Durbam, out of business : in the Gaol of Durham.- Thomas draper : 28. 4d. (making 98. 3d.) in the pound. - Jas. Woola Billington, Preston, Lancashire, out of business : in the Gaol fall, Blackburn, Lancashire, plumber: 18.04d. in the pound. of Lancaster.-James Wilson, Blackburn, Lancashire, fish- -Wm. Ling Hicks, Cretingham, near Debenham, Suffolk, monger : in the Gaol of Lancaster.- Robert Leyland, Chor. farmer : 58. 4d. in the pound.--Edward Reid, Rose Cottage, ley, Lancashire, joiner : in the Gaol of Lancaster. Thomas Junction-road, Upper Holloway, Middlesex, second clerk of Canlife, Leyland, near Preston, Lancashire, out of business : entries in the Chancery Report Office : 48. 4d. in the pound. in the Gaol of Lancaster.- James Spencer, Salford, Clitheroe, - Frederick A. Simpson, Euston-square, Middlesex, master Lancashire, out of business : in the Gaol of Lancaster.- Jos. mariner : 104d. in the pound.- James Hubbard, Foxes'-lane, Bridge, Preston, Lancashire, provision-shop keeper : in the Shadwell, Middlesex, broom maker: 18.4d. in the pound. Gaol of Lancaster.
Jesse Lee, Brickfield, near Bacup, Lan- Apply at the Provisional Assignees' Office, Portugal-street, cashire, stonemason : in the Gaol of Lancaster.—Thos. Green. | Lincoln's-inn-fields, London, between the hours of 11 and 1.
BEST ON THE PRINCIPLES OF EVIDENCE.
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THE EDINBURGH REVIEW, Noch, was publishedRights
, Privileges, and Liabilities and the Mode of Proceeding brand
No. 902– Vol. XVIII.
APRIL 22, 1854.
NAMES OF THE CASES REPORTED IN THIS NUMBER.
VICE-CHANCELLOR WOOD's Court.
317 Lien- Tenant for Life of mortgaged Lands- In. COURT OF APPEAL IN CHANCERY.
terest - Pleading-Petition)
330 Maniere o. Lister.-(Chancery Practice Amendment
Court oF QUEEN's Bench. Act, 15 & 16 Vict. c. 86– Practice under Sect. 15 Alston v. Grant.-(Action for Nuisance—Keeping and
- Motion for Decree-Traversing Note)... 320 continuing a Sewer- Disposition of the owner of In re The Estate of J. H. Keogh. — (Incumbered
two Tenements-- Derogation of Grant).......... 332 Estates (Ireland) Act, 12 & 13 Vict. c. 77—Prac
COURT OF COMMON PLEAS. tice under, as to Process in England)
Boyce v. Higgins.-(Public Health Act, 11 & 12 Vict. Rolls COURT.
c. 63, 88. 19, 133— Local Board-Penalty against Robinson o. Lowater.—(Title-Charge of specific and
Member voting when disqualified or disabledgeneral Debts-Liability of Purchaser to see to
Shareholder in Public Company — Recovery of Application of Purchase Money)
333 VICE-CHANCELLOR KINDERSLEY's Court.
Hunt o. Remnant.-(Right of Entry for Condition
broken, Assignment of_8 & 9 Vict. c. 106, 8. 6).. 335 VICE-CHANCELLOR STUART's Court. Jortin 7. The South-eastern Railway Company.-
COURT OF EXCHEQUER. (Folkestone Harbour Company-Exchequer Loan
Allum o. Boultbee.—(Practice-New Trial-AfridaCommissioners-Priority of Mortgagees-Agree
336 ment and Acts of Parliament, Construction of
COURT OF ADMIRALTY. Permanent Improvements by Purchasers—Statute The Rosalie. — (Salvage-Queen's Ship - Want of of Limitations-Notice)....
325 Skill on Part of Salvors- Continuous Service) .. 337
of repair, and that the defendant after notice refused The Scale of Charges for Advertisements will in future be to repair it, whereby it fell during the tenancy and as follows:
£ 8. d. injured the house, was held bad on demurrer. For 2 lines or under
0 2 0
Thirdly, in the absence of any such agreement by 3
0 2 6 4
0 3 0
the landlord to repair, the tenant remains liable for 5
0 3 6 rent, even though the premises should be rendered 6
0 4 0
uninhabitable for want of repair, (Arden v. Pullen, 10 And so on, at the rate of 6d. per line.
M. & W. 321), or are destroyed by fire; (Belfour v. A discount, proportioned to the number of repetitions, Weston, 1 T. R. 310; Baker v. Holtpzaffell, 4 Taunt. teill be allowed upon all Advertisements ordered for three or more insertions.
45); and even if there be an agreement by the land
lord to repair, his breach thereof does not justify the LONDON, APRIL 22, 1854.
tenant in quitting the premises, so as to exempt him
from the payment of rent. (Surplice v. Farnsworth, QUESTIONS connected with the reparation of property 7 Mac. & G. 576). The tenancy still continues, and are of every-day occurrence, and they affect not only the tenant has his remedy against the landlord for the wide-spread relation of landlord and tenant, but breach of his agreement. also their liabilities with reference to third persons. Fourthly, if there is an express agreement on either
The following rules may be regarded as fixed by the side, then, according to the maxim, "expressio facit decisions upon this subject:
cessare tacitum,” the liabilities of the parties are meaFirst, in the absence of any agreement to repair, a sured thereby, and all implied liability is excluded. tenant, for whatever term he may hold the premises, (Standen v. Christmas, 10 Q. B. 135). is not bound to do more than to keep them wind and Fifthly, where a party enters into possession under a water tight. (Wise v. Metcalfe, 10 B. & Cr.312). lease which is void under the Statute of Frauds, or as
Secondly, in the absence of an agreement by the being an invalid execution of a power, but which lease landlord to repair, he is not bound to do any repairs as contains a covenant to repair, he is still Kable to repair regards the tenant. This was decided in the recent according to such covenant. (Richardson v. Gifford, case of Gott and Another v. Gandy, (18 Jur., part 1, Ad. & El. 52; Beale v. Sanders, 5 Scott, 58). P. 310; 23 L. J., Q. B., 1). There a declaration, Sixthly, whether, where a lease has been executed by stating that the plaintiff was the defendant's tenant the lessee, but not by the lessof, and the former has from year to year of a house, that during the tenancy entered and enjoyed the premises during the whole of à chimney, without the plaintiff's default, became out I the intended term, he is liable on a covenant to repair
during the term, appears to be vexata quæstio. (Pit- mises. In Gott v. Gandy, (supra), on its being said by man v. Woodbury, 3 Exch. 4, 13; Cooch v. Goodman, 2 counsel, that there being no agreement on the part of Q. B. 580, 599). The Court of Exchequer, in Pitman the tenant to repair, the landlord would have been v. Woodbury, seemed to be of opinion that in such a
liable to a passer-by injured by the falling of a chim
ney, &c., Lord Campbell, C. J., asked, “Has that ever case, the term itself not being created, the covenant been decided ?" The doctrine of liability of owners of dependent on such term was void altogether. (See also fixed property for injuries to others was much consito this effect Swatman v. Ambler, 22 L. J., Ex., 81). dered in Reedie v. The London and North-western Rail
Seventhly, as to the extent of liability upon an way Company, (4 Exch. 244). express agreement to repair, the age and class of the whom the duty to repair the premises is cast is liable
Upon principle, it would seem that the party on premises may be taken into estimation. (Paine v.
to third persons for an injury caused by non-repairHaine, 16 M. & W. 541). Under an agreement to that is, the party who has expressly agreed to repair keep and to deliver up the premises in good repair, the them; and in the absence of any agreement, the owner tenant must put them into good repair, and is not justi- of the property would probably be liable, it being a fied in keeping them in bad repair because he found burthen incident to property that it should be kept in them in that condition ; (Ib.); and if the agreement be a safe condition as regards the public; and as the perunconditional, he must rebuild them, even if the pre- tenant had agreed to repair or not, his remedy in all
son injured has no means of knowing whether the mises be destroyed by fire or other accident. If a cases probably would be against the owner, who, if he tenant refuse to repair according to his agreement, and had bound his tenant to repair, could enforce such liahis landlord—who is himself a lessee, and bound, under bility against him. It may be said, if the owner is pain of forfeiture, to keep them in repair–enter and liable to a third party for injury thus caused, why
should he not be liable to the tenant? The distinction, repair them, the measure of damages is the sum neces
however, is obvious, as tenants have an opportunity of sarily expended in putting them into repair, and not inquiring into the state of the premises, and need not the costs of an action brought by the ground landlord become tenants unless they are satisfied to take the against the mesne landlord for non-repair, unless the risk. (See remarks of the Court in Gott_v. Gandy, underlease contain a covenant to indemnify. (Logan supra, and in Seymour v. Maddox, 16 Q. B. 326; 15 v. Hall, 4 C. B. 598; Colley v. Streeton, 2 B. & Cr. Jur., part 1, p. 723). 273). In an action by a lessee against an assignee of French law upon the subject of repairs as between
It is not out of place to state briefly the rules of the premises for non-repair, it appeared that the plaintiff in landlord and tenant. In the Code Civil, b. 3, tit. 8, arts. 1843 assigned the lease to the defendant; that in Octo- 1719, 1720, 1754–1756, it is declared that “the lessor ber, 1851, the defendant assigned to one T.; that in is bound by the nature of the contract, and without June, 1852, T. assigned to H. Evidence was given for the necessity of any particular stipulation, to mainthe plaintiff, that when H. held the lease the premises for which it was taken.
tain the thing demised in a state fit for the purpose
The lessor is bound to were out of repair, and T. stated he put the premises in deliver the thing in a state of complete repair. He no better state than when he received them from the must make in it, during the continuance of the lease, defendant. No further evidence was given, and the de- all the reparations which may become necessary, other fendant was not called as a witness. It was held that than tenant's repairs. Tenant's repairs, or ordinary the judge was right in directing the jury to give sub- reparations, to which the lessee is bound, if there be stantial damages, and that the jury were warranted in
no agreement to the contrary, are those marked out
as such by the usage of places; and, among others, the presuming that the dilapidations took place during the reparations to be made are—to hearths, chimney-backs, time that the defendant held the lease. (Smith v. Peat, jambs, and chimney-pieces; to the plastering of the 9 Exch. 161). Parke, B., referred to Lord Holt's opi- bottom of the walls of apartments, and other places of nion, that the measure of damages was the amount it habitation, to the height of a metre; to the pavement would require to put the premises into repair, but said unless it be broken by hail
, or other extraordinary
of chambers, when some of it only is broken; to glass, that view had been departed from, and that Cole- accidents, or superior force, for which the tenant shall ridge, J., had ruled that the amount of damages was not be responsible; to doors, casernents, bars or shutters the amount of injury done to the possession by the of shops, hinges, window-bolts, and locks. None of the premises being out of repair. Martin, B., said, “In reparations deemed to belong to tenants are chargeable my opinion the measure of damages is the loss the on lessees when they are only occasioned by age or landlord would undergo if he sold his reversion in the superior force. The cleansing of wells and privies are
charges of the lessor, if there be no agreement to the market."
contrary.” Eighthly, a covenant to repair runs with the land, so as to bind the assignee of the land or the reversioner, A WIFE'S EQUITY AGAINST HER HUSBAND'S (Martyn v. Clue, 22 L. J., Q. B., 147, where the ques
ASSIGNEE FOR VALUE. tion, as to allowance of timber being a condition precedent under the terms of the lease, was also considered), v.C., decided,
according to the learned reporter's mar
In Tidd v. Lister, (10 Hare, 140), Sir G. J. Turner provided it is contained in an instrument under seal, ginal'note, that a married woman, whose husband doe but otherwise not. (Standen v. Christmas, 10 Q. B. not maintain her, is not entitled, as against a particula 135). In the latter case, the party to the agreement assignee of the husband, to maintenance out of the inmay sue the other party to it for non-repair, though come of the real and personal estate to which she wa the former may have assigned the reversion. (Bickford entitled in equity for her life; or, (as the marginal not v. Parson, 5 C. B. 920).
proceeds to state), “as against purchasers from the hus
band of the life interest of the wife, equity will follow Ninthly, an important question, not finally settled, the law which gives to the husband the power of deal is the liability of a landlord or his tenant for an injury ing with the income of his wife's property, and will no caused to a third person by want of repair of the pre- I put in force the rule, that he who comes into equity