2. Where there is one half-year's rent in arrear, and the landlord shall have right by law to enter for the nonpayment thereof. As proof of this power is required, the importance of including such a power in the agreement for tenancy will be obvious.
In the county courts the amount of rent due may be claimed, as well as the possession of the premises, in one summons.
2722. When a tenant deserts premises, leaving one half-year's rent in arrear, possession may be recovered by means of the police-court. The rent must not exceed £20 per annum, and must be at least three-fourths of the value of the premises. In cases in which the tenant has not deserted the premises, and where notice to quit has been given and has expired, the landlord must give notice to the tenant of his intended application. The annual rent in this case, also, must not exceed £20.
2723. THE I. O. U.—The law is not particular as to orthography; in fact, it distinctly refuses to recognize the existence of that delightful science. You may bring your action against Mr. Jacob Phillips, under the fanciful denomination of Jaycobb Fillipse, if you like, and the law won't care, because the law goes by ear; and, although it insists upon having everything written, things written are only supposed in law to have any meaning when read, which is, after all, a common-sense rule enough. So, instead of "I owe you," persons of a cheerful disposition, so frequently found connected with debt, used to write facetiously I. O. U., and the law approved of their so doing. An I. O. U. is nothing more than a written admission of a debt, and may run thus:—
15th October, 1860. To Mr. W. BROWN.
I. O. U. ten pounds for coals.
£10. JOHN JONES.
If to this you add the time of payment, as "payable in one month from this date," your I. O. U. is worthless and illegal; for it thus ceases to be a mere acknowledgment, and becomes a promissory note. Now a promissory note requires a stamp, which an I. O. U. does not. Many persons, nevertheless, stick penny stamps upon them, probably for ornamental effect, or to make them look serious and authoritative. If for the former purpose, the postage-stamp looks better than the receipt stamp upon blue paper. If you are W. Brown, and you didn't see the I. O. U. signed, and can't find anybody who knows Jones's autograph, and Jones won't pay, the I. O. U. will be of no use to you in the county court, except to make the judge laugh. He will, however, allow you to prove the consideration, and as, of course, you won't be prepared to do anything of the sort, he will, if you ask him politely, adjourn the hearing for a week, when you can produce the coalheavers who delivered the article, and thus gain a glorious victory.
2724. APPRENTICES.—By the statute 5 Eliz. cap. 4, it is enacted that, in cases of ill-usage by masters towards apprentices, or of neglect of duty by apprentices, the complaining party may apply to a justice of the peace, who may make such order as equity may require. If, for want of conformity on the part of the master, this cannot be done, then the master may be bound to appear at the next sessions. Authority is given by the act to the justices in sessions to discharge the apprentice from his indentures. They are also empowered, on proof of misbehaviour of the apprentice, to order him to be corrected or imprisoned with hard labour.
2725. HUSBAND AND WIFE.—Contrary to the vulgar opinion, second cousins, as well as first, may legally marry. When married, a husband is liable for his wife's debts contracted before marriage. A creditor desirous of suing for such a claim should proceed against both. It will, however, be sufficient if the husband be served with process, the names of both appearing therein, thus:—John Jones and Ann his wife. A married woman, if sued alone, may plead her marriage, or, as it is called in law, coverture. The husband is liable for debts of his wife contracted for necessaries while living with him. If she voluntarily leaves his protection, this liability ceases. He is also liable for any debts contracted by her with his authority. If the husband have abjured the realm, or been transported by a sentence of law, the wife is liable during his absence, as if she were a single woman, for debts contracted by her.