Receipts should be taken for Wages paid. Where servants have been under age, it has been held that moneys advanced for fineries and extravagances unbecoming to a servant did not constitute payment of wages, and the employer has been compelled to pay again.
1461. Moneys paid to a Married Woman.
The receipt of a married woman is a good discharge for any wages or earnings, acquired or gained by her in any employment or occupation in which she is engaged separately from her husband.
1462. Medical Attendance.
A Master may bacome liable for Medical Attendance upon his sick servant if he calls in his own medical man, and orders him to attend to the servant.
1463. End of Claim.
When a Servant is Discharged for any just cause, he cannot claim wages beyond the last pay-day under the contract of hiring.
1464. General Hiring.
A General Hiring of a Clerk or warehouseman is for a year, even though the wages be paid by the month, unless a month's warning or wages be specified in the contract of employment.
1465. Special Privileges.
Where a Servant Reserves to Himself Special Privileges, such as particular portions of his time, the hiring becomes special, and cannot be governed by the terms of general engagements. So, also, where a servant stipulates to be exempted from particular duties that usually belong to his situation.
1466. Refusal of Duty.
Should a Servant Refuse to perform any duty required from him, his right so to refuse will generally be determined by the usages prevailing among servants of a similar class.
1467. Seduction from Employment.
A Servant being Seduced from the Employment of a master, the latter has a right of action against the seducer for losses sustained.
1468. Masters Responsible.
It is an Established Maxim in Law, that whoever does an act by the hands of another shall be deemed to have done it himself. And hence, in many matters, masters are responsible for the acts of their servants. But if a servant does an unlawful act, not arising out of the discharge of his duties to his master, then the employer is not responsible.
1469. Purchase of Goods by Servants for Employer.
A servant cannot by buying goods for his employer's use pledge his master's credit, unless his master authorized him to do so, or unless the master has previously paid for goods bought by the servant in like manner on a former occasion. If a master contracts with a servant to provide certain things and pays him for so doing, a tradesman supplying the things can only sue the servant and not the master for his money.
1470. Privileged Communications.
An action will not lie against an employer for giving an unfavourable character of a servant, even though it be in writing. Communications of this nature, in answer to inquiries, are considered privileged. But if it can be proved that an employer has given a false character from motives of malice, then an action for libel will lie against him; but the representations must be proved to be false as well as malicious.
1471. Laws of Landlord and Tenant.
A lease is a conveyance of premises or lands for a specified term of years, at a yearly rent, with definite conditions as to alterations, repairs, payment of rent, forfeiture, &c. Being an instrument of much importance, it should always be drawn by a respectable attorney, who will see that all the conditions, in the interest of the lessee, are fulfilled.
[SAVING AFFORDS THE MEANS OF GIVING.]
In taking a lease, the tenant's solicitor should carefully examine the covenants, or if he take an underlease, he should ascertain the covenants of the original lease, otherwise, when too late, he may find himself so restricted in his occupation that the premises may be wholly useless for his purpose, or he may be involved in perpetual difficulties and annoyances; for instance, he may find himself restricted from making alterations convenient or necessary for his trade; he may find himself compelled to rebuild or pay rent in case of fire; he may find himself subject to forfeiture of his lease, or other penalty, if he should underlet or assign his interest, carry on some particular trade, &c.
The covenants on the landlord's part are usually for the quiet enjoyment of the premises by the lessee. On the tenant's part, they are usually to pay the rent and taxes; to keep the premises in suitable repair; and to deliver up possession when the term has expired.
1475. Rent and Taxes.
The lessee covenants to pay the rent and all taxes, except the land and property taxes, which may be deducted from the rent.
Unless there be a covenant against assignment, a lease may be assigned, that is, the whole interest of the lessee may be conveyed to another, or it may be underlet; if, therefore, it is intended that it should not, it is proper to insert a covenant to restrain the lessee from assigning or underletting. Tenants for terms of years may assign or underlet, but tenants at will cannot.
A tenant who covenants to keep a house in repair is not answerable for its natural decay, but is bound to keep it wind and water tight, so that it does not decay for want of cover. A lessee who covenants to pay rent and keep the premises in repair, is liable to pay the rent although the premises may be burned down, unless a stipulation to the contrary be inserted in the lease.
1478. Neglect of Repairs by Landlord.
If a landlord covenant to repair, and neglect to do so, the tenant may do it, and withhold so much of the rent. But it is advisable that notice thereof should be given by the tenant to the landlord, in the presence of a witness, prior to commencing the repairs.
1479. Right of Landlord to Enter Premises.
A landlord may enter upon the premises (having given previous notice, although not expressed in the lease), for the purpose of viewing the state of the property.
1480. Termination of Leases.
A tenant must deliver up possession at the expiration of the term (the lease being sufficient notice), or he will continue liable to the rent as tenant by sufferance without any new contract; but if the landlord recognises such tenancy by accepting a payment of rent after the lease has expired, such acceptance will constitute a tenancy; but previous to accepting rent, the landlord may bring his ejectment without notice; for, the lease having expired, the tenant is a trespasser. A lease covenanted to be void if the rent be not paid upon the day appointed, is good, unless the landlord make an entry.
1481. Rights of Married Women.
Married Women, with the concurrence of their husbands, may grant leases by deed for any term. Husbands, seised in right of their wives, may grant leases for twenty-one years. If a wife is executrix, the husband and wife have the power of leasing, as in the ordinary case of husband and wife. A married woman living separate from her husband may by taking a lease bind her separate estate for payment of the rent and performance of the covenants.
Copyholders may not grant a lease for longer than one year, unless by custom, or permission of the lord: and the lease of a steward of a manor is not good, unless he is duly invested with a power for that purpose.
All notices, of whatever description, relating to tenancies, should be in writing, and the person serving the said notice should write on the back thereof a memorandum of the date on which it was served, and should keep a copy of the said notice, with a similar memorandum attached.
1484. Yearly Tenancies.
Houses are considered as let for the year, and the tenants are subject to the laws affecting annual tenancies, unless there be an agreement in writing to the contrary.
1485. Agreement for taking a House on an Annual Tenancy.
Memorandum of Agreement, entered into this——day of———-18—, between R.A., of——, and L.O., of of——, as follows:
The said R.A. doth hereby let unto the said L.O. a dwelling-house, situate in——, in the parish of——-, for the term of one year certain, and so on from year to year, until half a year's notice to quit be given by or to either party, at the yearly rent of—— pounds, payable quarterly; the tenancy to commence at——day next.
And the said R.A. doth undertake to pay the land-tax, the property-tax, and the sewer-rate, and to keep the said house in all necessary repairs, so long as the said L.O. shall continue therein. And the said L.O. doth undertake to take the said house of R.A. for the before-mentioned term and rent, and pay all rates and taxes, except as aforesaid. The said R.A. to be at liberty to re-enter if any rent shall be in arrear for 21 days, whether such rent has been demanded or not.
Witness our hands, the day and year aforesaid. Witness, G.C. R.A. L.O.
1486. Payment of Taxes by Landlord.
If the landlord agree to pay all the rates and taxes, then a different wording of the agreement should take place, as thus:
And the said R.A. doth undertake to pay all rates and taxes, of whatever nature or kind, chargeable on the said house and premises, and to keep the said house in all necessary repairs, so long as the said L.O. shall continue therein.
1487. Indemnity from Arrears.
If the landlord agree to secure the incoming tenant from all arrears (and the tenant should see to this) due on account of rent, rates, and taxes, the indemnification should be written on a separate paper, and in something like the following terms:
1488. Indemnification against Rents, Rates and Taxes in Arrear.
I, R.A., landlord of a certain house and premises now about to be taken and occupied by L.O., do hereby agree to indemnify the said L.O. from the payment of any rent, taxes, or rates in arrear, prior to the date of the day at which his said tenancy commences. As witness my hand this——day of——18
R.A., Landlord of the above premises. Witness, G.C.
1489. Agreement for taking a House for Three Years.
Memorandum of an agreement made the——day of——, 18 , between R.A., of——, and L.O. of——, as follows:
The said R.A. doth let unto the said L.O. a house (and garden, if any) with appurtenances, situate in——, in the parish of——, for three years certain. The rent to commence from——day next, at and under the yearly rent of——, payable quarterly, the first payment to be at——day next.
The said L.O. doth agree to take the said house (and garden) of the said R.A. for the term and rent payable in manner aforesaid; and that he will, at the expiration of the term, leave the house in as good repair as he found it [reasonable wear and tear excepted]. The said R.A. to be at liberty to re-enter, if any rent shall be in arrear for 21 days, whether such rent has been demanded or not. Witness our hands. R.A. L.O. Witness, G.C.
1490. Payment of Rent.
Rent is usually payable at the regular quarter-days, namely, Lady-day, or March 25th; Midsummer-day, or June 24th; Michaelmas-day, September 29th; and Christmas-day, December 25th. It is due at mid-day; but no proceedings for non-payment, where the tenant remains upon the premises, can be taken till the next day.
1491. Payment of Rent Imperative.
No consideration will waive the payment of the rent, should the landlord insist on demanding it. Even should the house be burnt, blown, or fall down, the tenant is still liable for rent; and the tenancy can only be voidable by the proper notice to quit, the same as if the house remained in the most perfect condition.
1492. Demanding Rent.
The landlord himself is the person most proper to demand rent; he may employ another person, but if he does, he must authorize him by letter, or by power of attorney; or the demand may be objected to.
1493. Receipt for Rent.
When an agent has been duly authorized, a receipt from him for any subsequent rent is a legal acquittance to the tenant, notwithstanding the landlord may have revoked the authority under which the agent acted, unless the landlord should have given the tenant due and proper notice thereof.
1494. Legal Tender.
A tender of rent should be in the current coin of the kingdom. But a tender of Bank of England notes is good, even in cases of distress.
1495. Form of a Receipt for Rent.
Received of Mr. L.O. the sum of ten pounds ten shillings, for a quarter's rent due at Lady-day last, for the house, No. ,———- street.
L10 10s. [Stamp] R. A. ————
1496. Receipt Given by an Agent.
If the receipt be given by an agent, it should be signed:
G. C., Agent for R.A., landlord of the above premises.
1497. Care of Receipts for Rent.
Be careful of your last quarter's receipt for rent, for the production of that document bars all prior claim. Even when arrears have been due on former quarters, the receipt, if given for the last quarter, precludes the landlord from recovery thereof.
1498. Notice to Quit.
When either the landlord or tenant intends to terminate a tenancy, the way to proceed is by a notice to quit, which is drawn up in the two following ways:
1499. Form of a Notice to Quit from a Tenant to his Landlord.
Sir,—I hereby give you notice, that on or before the———day of ———next, I shall quit and deliver up possession of the house and premises I now hold of you, situate at———, in the parish of ———, in the county of———.
Dated the———day of———, 18 Witness, G.C. L.O. To Mr. R. A.
1500. Notice from Landlord to his Tenant.
—Sir,—I hereby give you notice to quit and deliver up possession to me of the house and appurtenances, situate No———, which you now hold of me, on or before———next. Dated———, 18 . (Signed) R.A. (landlord). To Mr. L. O.
1501. Notice to Quit.
An opinion is very generally entertained, however, that a quarter's warning to quit, where the house is of small rental, is sufficient notice; but where the rent is payable quarterly, or at longer intervals, this is a mistake, for unless a special agreement is made defining the time to be given as a warning, six months' notice to quit must be given, to expire on the same day of the year upon which the tenancy commenced. Where the rent is payable weekly or monthly, the notice to quit will be good if given for the week or month, provided care be taken that it expires upon the day of the week or month of the beginning of the tenancy.
1502. Form of Notice from a Landlord to his Tenant to Quit or Pay an increased Rent.
To Mr. R. A.—Sir,—I hereby give you notice to deliver up possession, and quit on or before———, the [here state the house or apartment] and appurtenances which you now hold of me in [insert the name of street, &c.], and in default of your compliance therewith, I do and will insist on your paying me for the same, the [annual or monthly] rent of——, being an additional rental of——pounds per annum [over and above the present annual rental] rent, for such time as you shall detain the key and keep possession over the said notice. Witness my hand, this——day of——, 18. Witness, G.C. L.O.
[A HUNGRY MAN SEES FAR.]
1503. Refusal to Give up Possession.
If a tenant holds over, after receiving a sufficient notice to quit, in writing, he becomes liable to pay double the yearly value; if he holds over after having himself given even parole notice to quit, he is liable to pay double rent.
1504. Lodgings and Lodgers.
1505. The Goods of a Lodger.
The goods of a lodger are not liable to distress for rent due to the superior landlord.
1506. Distraint on Furniture, etc., of Lodger.
If any furniture, goods, or chattels of a lodger are distrained for rent due to the superior landlord, the lodger should immediately serve the superior landlord or his bailiff with a declaration in writing, setting forth that the immediate tenant of the house has no interest in the things distrained which belong to the lodger, and also setting forth whether any and what rent is due, and for what period, from the lodger to his immediate landlord; and the lodger should pay to the superior landlord, or his bailiff, the rent so due from him, so much as shall be sufficient to discharge the claim of the superior landlord. The lodger should make out and sign an inventory of the things claimed by him, and annex it to this declaration.
1507. Application to Magistrate, etc., if Landlord proceed with Distress.
If, after taking these steps, the superior landlord, or his bailiff, should proceed with a distress upon the lodger's goods, the lodger should apply to a stipendiary magistrate or to two justices of the peace, who will order his goods to be restored to him.
1508. Broker Entering Apartments.
A broker having obtained possession through the outer door, may break open any of the private doors of the lodgers, if necessary, for the purpose of distraining the goods of the tenant.
1509. Renting for a specific Term.
If lodgings are taken for a certain and specified time, no notice to quit is necessary. If the lodger, however, continues after the expiration of the term, he becomes a regular lodger, unless there is an agreement to the contrary. If he owes rent, the housekeeper can detain his goods whilst on the premises, or distrain, as a landlord may distrain the goods of a tenant.
1510. Lodgers and Householders bound by the same Law.
No distinction exists between lodgers and other tenants as to the payment of their rent, or the turning them out of possession; they are also similarly circumstanced with regard to distress for rent, as householders, except that (as above mentioned) the goods of lodgers cannot be distrained for rent due to the superior landlord.
1511. Weekly Tenants.
In case of weekly tenants, the rent should be paid weekly, for if it is once let to run a quarter, and the landlord accept it as a quarter, the tenant cannot be forced to quit without a quarter's notice.
1512. Yearly Lodgers.
Lodgings by the year should only be taken from a person who is either proprietor of the house, or holds possession for an unexpired term of years.
1513. Furnished Lodgings.
Furnished lodgings are usually let by the week, on payment of a fixed sum, part of which is considered as rent for the apartment, and part for the use of the furniture. In some instances an agreement is made for so much per week rent, and so much for the use of the furniture, and to place all moneys received to the account of the furniture, until that part of the demand shall be satisfied, as the landlord cannot distrain for the use of his furniture.
[HE THAT PLAYS WITH FIRE MAY BE BURNT.]
1514. Lodgers Leaving Apartments Without Notice.
Persons renting furnished apartments frequently absent themselves without apprising the householder, perhaps with the rent in arrear. If there is probable reason to believe that the lodger has left, on the second week of such absence the householder may send for a policeman, and in his presence enter the lodger's apartment and take out the latter's property, and secure it until application is made for it.
1515. Verbal Agreements.
If a person make a verbal agreement to take lodgings at a future day, and decline to fulfil his agreement, the housekeeper has no remedy, and even the payment of a deposit makes no difference.
1516. Landlord using Lodger's Apartments.
If a landlord enter and use apartments while his tenant is in legal possession, without his consent, he forfeits his right to recover rent.
1517. Lodgings to Immodest Women.
If lodgings are let to an immodest woman, to enable her to receive visitors of the male sex, the landlord cannot recover his rent. But if the landlord did not know the character of the woman when he let the lodgings, he may recover, but not if after he knew the fact he permitted her to remain as his tenant. If the woman, however, merely lodges there, and has her visitors elsewhere, her character will not affect his claim for rent.
1518. Rent Recoverable.
If a lodger quit apartments without notice, the landlord can still recover his rent by action, although he has put up a bill in the window to let them.
1519. Removing Goods.
Removing goods from furnished lodgings, with intent to steal, is a felony: unlawfully pledging is a misdemeanour.
1520. Liability for Rent.
Where the lodger has removed, and there are no goods whereon to make a levy, the rent becomes a debt, and can only be recovered as such in the County Court of the district.
1521. Agreement for Letting a Furnished House or Apartment.
Memorandum of an agreement made and entered into this——day of ——, 18 , between R.A., of——, of the one part, and L.O., of ——, of the other part, as follows:—That the said R.A. agrees to let, and the said L.O. to take, all that messuage or tenement (with the garden and appurtenances thereto) situate at, &c. [or if an apartment be the subject of demise, all the entire first floor, particularly describing the other appurtenances], together with all the furniture, fixtures, and other things mentioned and comprised in the schedule hereunder written, for the space of—— months, to be computed from the——day of——, at the rent of ——pounds per quarter, payable quarterly, the first quarterly payment to be made on the——day of——next ensuing the date hereof. And it is further agreed, by and between the said parties, that each party shall be at liberty to determine the said tenancy, on giving to the other a quarter's notice in writing. And the said L.O. agrees, that in the determination of the tenancy, he will deliver up the said dwelling-house (or the entire first floor, &c.), together with all the fixtures and furniture as aforesaid, in as good a condition as the same now are, reasonable wear and tear thereof excepted, and shall and will replace any of the crockery and china or other utensils that shall be broken or otherwise damaged. In witness, &c.—[Here is to follow the Inventory, or List of Articles referred to above.]
1522. Remedies to Recover Rent.
Distress is the most efficient remedy to recover rent, but care should be taken that it be done legally; if the distress be illegal, the party aggrieved has a remedy by action for damages. Excessive distresses are illegal. The distrainer ought only to take sufficient to recover the rent due, and costs; if, however, the articles sell for a greater sum than is sufficient to pay these, the remainder must be returned to the tenant, who can demand a bill of the sale, and recover the overplus, if any.
[PLAY NOT WITH EDGED TOOLS.]
1523. Distress, Legal and Illegal.
A distress can be made only for rent that is due, and cannot be made until the day after, nor unless it has been demanded by the landlord or his agent. The outer door must not be broken open for the purpose of distraining, neither can the distress be made between sun-setting and sun-rising, nor on Sunday, Good Friday, or Christmas-day; nor after the rent has been tendered to the landlord or his agent. A second distress can be made, if the value of the first is not enough to pay the real and costs, but not if, at the time of making the first distress, there were sufficient goods upon the premises to satisfy the full amount, if the landlord had then thought proper to take them. Wearing apparel and bedding of debtor and his family, and tools or implements of trade to the value of L5 are exempt from seizure, except where a tenant holds possession after term of tenancy or notice to quit has expired.
1524. Seizure of Goods removed.
Goods conveyed off the premises to prevent a distress may be seized anywhere within thirty days after the removal, and if force is resorted to by the landlord, it must be in the presence of a constable; but goods removed before the rent is actually due cannot be followed, but the rent can be recovered by action as a debt in the County Court. The general rule is, that nothing can be distrained which cannot be returned in the same condition as before the distress was made.
Section 1 of the Act 2 W. and M., cap. 5, requiring appraisement before sale of goods, is repealed, and appraisement is not necessary unless demanded in writing by the tenant, or owner of the goods, who must pay the cost of such appraisement and subsequent removal of goods for sale. Appraisement made by the distraining broker, or any interested person, is illegal.
1526. Bankrupts' Rent.
In cases of bankruptcy not more than one year's lent is obtainable by distress; if more be due, the landlord is only entitled to come in with the rest of the creditors for the further sum due.
1527. Illegal Charges for Distraint.
By the 51 and 52 Vic. cap. 21 (Law of Distress Amendment Act, 1888), no person distraining for rent shall take other charges than those hereafter scheduled: any party charging more can be sued for treble the amount unlawfully taken.
1528. Expenses of Distraint:
L s. d. Levying a distress (under L20) 0 3 0 [Over L20 and under L50, 3 p.c. on the amount; L50 to L200, 2-1/2 p.c.; above L200, 1 p.c.] Man in possession, per day, if rent due be under L20. 0 4 6 Ditto, over L20 0 5 0 (Man to provide his own board in all cases.)
The above charges are payable on account simply of the levy: if the sum due, with the above charges, be not paid within five days (or 15 days on written request of debtor), and the goods are removed and sold by auction, all expenses of such removal and sale are deductable from the amount realized.
1529. Brokers' Charges.
Brokers must give copies of charges in all cases.
1530. Valuation and Sale of Goods.
The goods, when valued, are usually bought by the appraiser at his own valuation, and a receipt at the bottom of the inventory, witnessed by the person who swore them, is a sufficient discharge.
1531. Stamped Agreements.
Much uncertainty having existed as to the legal nature of the agreements on paper between landlords and tenants, the following communication to the proper authorities, and their reply, will be interesting to all concerned:
1532. About Agreements.
"To the Commissioners of Inland Revenue, Somerset House, London.—Middlesbro', Aug. 18th, 1855. Sirs,—The sea-port town of Middlesbro', in the county of York, contains about 14,000 inhabitants, and many dwelling-houses and shops are let from quarter to quarter, and from year to year, upon written memorandums of agreement, where the rents are under L20 a year; and as some difference of opinion exists respecting the proper stamp duties to be paid on such agreements, your opinion is requested, whether the common lease stamp for such an agreement will be sufficient, or what other stamps (if any) will such memorandums require? Your most obedient servant, WM. MYERS, Solicitor."
"Inland Revenue Office, Somerset House, London, 27th August, 1855. Sir,—The Board having had before them your letter of the 18th inst., I am directed, in reply, to state that the documents therein referred to will be chargeable with stamp duty as leases whether the tenancy be from quarter to quarter, or from year to year. I am, sir, your obedient servant, THOMAS FINGLE. W. Myers, Esq."
1533. Stamped Documents.
In all cases where the law requires a stamp, whether for an agreement or a receipt, do not omit it. As the stamp laws are liable to frequent alterations, it is best to refer to the tables in the recognised almanacks for the year, or to make inquiries at the stamp offices.
1534. Debtor and Creditor.
The former distinction between insolvents and bankrupts is now abolished. All debtors, traders or not, are now subject to the laws of bankruptcy. Married Women are now liable to be made bankrupt; but no person under age, except under certain circumstances, with the sanction of the Receiver. Liquidation by private arrangement is abolished.
1536. Bankruptcy Proceedings.
Bankruptcy proceedings commence with a petition, either by the debtor himself or by a creditor or creditors. All petitions go before the High Court (or the district County Court), and no composition or arrangement is sanctioned until after the debtor has been publicly examined. All proceedings are controlled by the Court. For bankruptcy purposes, the County Courts have all the powers and jurisdiction of the High Court of Justice.
1537. Acts of Bankruptcy.
"Acts of Bankruptcy" comprise:—Assignment of property for benefit of creditors; fraudulent transfer of property; leaving, or remaining out of, England, or absence from dwelling-house to defeat or delay creditors; filing declaration of insolvency or presenting a bankruptcy petition against self; levy of execution; failure to comply with a bankruptcy notice to pay a judgment debt; giving notice to creditors of suspension of payment; and having a receiving order made against one.
1538. Receiving Order.
If a debtor commit an act of bankruptcy, the Court may, on petition either by creditor or debtor, make a receiving order for the protection of the estate. All receiving orders to be advertised in the London Gazette and locally.
A creditor (or creditors) cannot present a petition unless the debt (or debts) amount to L50; the debt must be a liquidated sum, payable now or at some future time; the act of bankruptcy on which the petition is grounded must have occurred within three months before presentation of petition; and the debtor must be domiciled in, or within a year before petition have resided in or had a place of business in, England. No petition can, after presentment, be withdrawn without leave of the Court. A creditor's petition must be accompanied by affidavits verifying the statements therein.
1540. Official Receiver.
On a receiving order being made, the debtor's property vests in the Official Receiver, who must summon a first meeting of creditors, giving to each not less than seven days' notice of time and place in the 'Gazette' and locally.
1541. The Meeting of Creditors.
The meeting of creditors summoned as above shall consider whether a proposal for a composition or scheme of arrangement shall be entertained, or whether the debtor shall be adjudged bankrupt, and the mode of dealing with the debtor's property.
1542. Duties of Debtor.
The debtor must furnish the Official Receiver with a full statement of his affairs in the prescribed form, verified by affidavit, and all such information as the Receiver may require. This statement, if made on a debtor's petition, must be submitted to the Receiver within three days of the date of the receiving order; if on a creditor's petition, within seven days; or the debtor will be liable to be adjudged bankrupt on petition to the Court by Receiver or creditor.
[A SWALLOW MAKES NOT SUMMER OR SPRING-TIME.]
1543. Public Examination.
Before any resolution or composition is approved by creditors, a public examination of the bankrupt, on oath, must be held by the Court, at which the Receiver must be present.
1544. Composition or Scheme of Arrangement.
The creditors may at their first meeting or any adjournment thereof, by special resolution, entertain a composition or scheme of arrangement, and if the same be accepted by the creditors, application must be made to the Court to approve it, the Official Receiver reporting as to the terms of the composition or arrangement, which the Court will approve or reject according to the circumstances.
1545. Default in Payment of Instalments.
Default in payment of instalments, in composition or scheme, renders the debtor liable to be adjudged bankrupt on application by any creditor to the Court.
1546. Adjudication of Bankruptcy when a Composition is not Accepted.
If after a receiving order has been made the creditors resolve that the debtor be adjudged bankrupt, or pass no resolution, or do not meet, or if a composition or scheme is not accepted and approved within fourteen days after the debtor's public examination, the Court will adjudge the debtor bankrupt, and his property shall become divisible among his creditors, and shall vest in a Trustee. Notice of such adjudication must be advertised in the London Gazette and locally.
1547. Appointment of Trustee.
The creditors of a bankrupt may, by resolution, appoint a Trustee of the debtor's property. If this has not been done prior to adjudication, the Official Receiver shall call a creditors' meeting for that purpose. The creditors may resolve to leave the appointment to the committee of inspection. The person appointed shall give security to the Board of Trade, which shall, if it sees fit, certify the appointment. If no Trustee is appointed by the creditors, the Board may appoint one.
1548. Committee of Inspection.
A committee of inspection must not exceed five, nor be less than three, in number, and must be creditors qualified to vote, or their authorised representatives.
1549. Bankrupt's Responsibilities.
The bankrupt must render every assistance to creditors in realizing his property. He must produce a clear statement of his affairs at the first meeting. He must be present for public examination on the day named by the Court and the adjournment thereof. He must also furnish a list of debts due to or from him. He must attend all meetings of creditors, and wait on the Trustee when required to answer any questions regarding his property, and to execute all documents and to carry out anything that may be ordered by the Trustee or the Court.
1550. Trustee's Duties (1).
The trustee's duties are to manage the estate and distribute the proceeds, under regulation of the committee of inspection, or of resolutions arrived at by the creditors at any general meeting. He has to call meetings of committee and creditors when necessary. He can transfer or dispose of the bankrupt's property for the benefit of the creditors as the bankrupt could have done himself prior to his bankruptcy. He can also carry on the bankrupt's business if necessary, compromise or arrange with creditors, and sell bankrupt's property by public auction or private contract.
1551. Trustee's Duties (2).
The trustee must render accounts to the Board of Trade not less than twice a year; and must pay all money received into the Bankruptcy Estates Account, kept by the Board of Trade at the Bank of England, and not, in any circumstances, into his private banking account.
1552. Priority Debts.
Certain debts have priority, and must be paid in full, or as far as assets will admit. These are—parochial and local rates, due at date of receiving order, or within a year before; assessed land, property, and income tax, up to April 5th next before date of order, not exceeding one year's assessment; wages and salaries of clerks, servants, labourers, or workmen, not exceeding L50, due for four months' service.
[WHAT IS DONE WELL ENOUGH, IS DONE QUICKLY ENOUGH.]
1553. Distraint with Bankruptcy.
Landlord may distrain for rent either before or after bankruptcy, but only for one year's rent if after bankruptcy. Any balance beyond one year's rent must be proved as in case of an ordinary debt.
1554. Allowance for Maintenance.
Allowance for maintenance may be made to bankrupt by the Trustee with consent of committee of inspection, for his support, or for services in winding up the estate. Where the bankrupt is a beneficed clergyman, the Trustee may apply for sequestration of profits, and, with concurrence of the bishop, allow a sum equal to a curate's stipend for bankrupt's services in the parish. In the case of officers and civil servants, in receipt of salary, the Court directs what part of bankrupt's income shall be reserved for benefit of creditors.
1555. Declaration of Final Dividend.
A final dividend may be declared when the Trustee and committee of inspection consider that as much of the estate has been realised as can be done fairly without needlessly protracting the bankruptcy.
1556. Close of Bankruptcy.
Bankruptcy may be declared closed, and order to that effect published in the 'London Gazette', when the Court is satisfied that all bankrupt's property has been realised, or a satisfactory arrangement or composition made with the creditors.
1557. Grant of Order of Discharge.
Order of discharge may be granted by the Court on the application of the bankrupt at any time after adjudication. The Court may suspend or withhold order if bankrupt has kept back property or acted fraudulently.
In cases of fraud, the bankrupt may be proceeded against under the Debtors Act, 1869, under which he may be imprisoned for not exceeding two years with or without hard labour.
1559. Void Settlement.
Settlement of property by a Debtor on wife and children will become void if the settlor becomes bankrupt within two years after date of settlement, and within ten years unless it can be proved that the settlor was able to pay his debts when settlement was made without aid of property settled. This does not apply to a settlement made before marriage, or after marriage of property accruing in the right of wife, or settlement made in favour of purchaser in good faith for valuable consideration.
1560. Arrest of the Debtor.
Arrest of the debtor may be ordered by the Court if, after a bankruptcy notice or petition, there is reason to believe he is about to abscond or to remove, conceal, or destroy any of his goods, books, &c., or if, after a receiving order, he removes any goods above the value of L5, or if, without good cause, he fails to attend the Court for examination.
1561. Breach of Promise of Marriage.
Oral engagements and promises to marry will sustain an action, unless the marriage is limited to take place upwards of a year from the making of the contract, in which case the agreement to marry must be in writing. No plaintiff can recover a verdict unless his or her testimony shall be corroborated by some other material evidence in support of the promise. The conduct of the suitor, subsequent to the breaking off the engagement, would weigh with the jury in estimating damages. An action may be commenced although the gentleman is not married. The length of time which must elapse before action must be reasonable. A lapse of three years, or even half that time, without any attempt by the gentleman to renew the acquaintance, would lessen the damages very considerably—perhaps do away with all chance of success, unless the delay could be satisfactorily explained.
The mode of proceeding is by an action at law. For this an attorney must be retained, who will manage the whole affair to its termination. The first proceeding (the writ, service thereof, &c.) costs from L2 to L5. The next proceeding—from a fortnight to a month after service of the writ—costs about L5 more. The whole costs, to the verdict of the jury, from L35 to L50, besides the expenses of the lady's witnesses. If the verdict be in her favour, the other side have to pay her costs, with the exception of about L10. If the verdict be against her, the same rule holds good, and she must pay her opponent's costs—probably from L60 to L70.
[TOO MANY COOKS SPOIL THE BROTH.]
1562. Before Going to Law.
Before legal proceedings are commenced, a letter should be written to the gentleman, by the father or brother of the lady, requesting him to fulfil his engagement. A copy of this letter should be kept, and it had better be delivered by some person who can prove that he did so, and that the copy is correct: he should make a memorandum of any remarks or conversation.
We give an abstract or two from the law authorities: they will, we have no doubt, be perused by our fair readers with great attention, and some satisfaction.
"A man who was paying particular attentions to a young girl, was asked by the father of the latter, after one of his visits, what his intentions were, and he replied, 'I have pledged my honour to marry the girl in a month after Christmas'; and it was held that this declaration to the father, who had a right to make the inquiry, and to receive a true and correct answer, taken in connection with the visits to the house, and the conduct of the young people towards each other, was sufficient evidence of a promise of marriage."
1564. Length of Engagement.
"The Common Law does not altogether discountenance long engagements to be married. If parties are young, and circumstances exist, showing that the period during which they had agreed to remain single was not unreasonably long, the contract is binding upon them; but if they are advanced in years, and the marriage is appointed to take place at a remote and unreasonably long period of time, the contract would be voidable, at the option of either of the parties, as being in restraint of matrimony. If no time is fixed and agreed upon for the performance of the contract, it is in contemplation of law a contract to marry within a reasonable period after request."
1565. Call or Refusal.
"Either of the Parties, therefore, after the making of such a contract, may call upon the other to fulfil the engagement; and in case of a refusal, or a neglect so to do on the part of the latter within a reasonable time after the request made, the party so calling upon the other for a fulfilment of the engagement may treat the betrothment as at end, and bring an action for damages for a breach of the engagement. If both parties lie by for an unreasonable period, and neither renew the contract from time to time by their conduct or actions, nor call upon one another to carry it into execution, the engagement will be deemed to be abandoned by mutual consent, and the parties will be free to marry whom they please."
1566. Roman Law.
"The Roman Law very properly considered the term of two years amply sufficient for the duration of a betrothment; and if a man who had engaged to marry a girl did not think fit to celebrate the nuptials within two years from the date of the engagement, the girl was released from the contract."
1567. Deed of Separation between a Man and his Wife.
This indenture, made the——day of——, in the year of our Lord 1864, between Charles B——, of——, of the first part, Anna R—— B——(the wife of the said Charles B——), of the second part, and G——R——B——of the third part: Whereas the said Charles B—— and Anna R——, his wife, have, for good reasons, determined to live separate and apart from each other, and on that consideration the said Charles B——hath consented to allow unto the said Anna R—— B——a clear weekly payment or sum of——s., for her maintenance and support during her life, in manner hereinafter contained: And whereas the said G——R——B——hath agreed to become a party to these presents, and to enter into the covenant hereinafter contained on his part:
Now this indenture witnesseth, that in pursuance of the said agreement, he, the said Charles B—, for himself, his heirs, executors, and administrators, doth covenant, promise, and agree, to and with the said G—R—B—, his executors, administrators, and assigns in manner following, that is to say, that he, the said Charles B—, shall and will, from time to time, and at all times hereafter, permit and suffer the said Anna R—B—to live separate and apart from him, the said Charles B—, as if she were sole and unmarried, and in such place and places as to her from time to time shall seem meet; and that he, the said Charles B—, shall not nor will molest or disturb the said Anna R—B—in her person or manner of living, nor shall, at any time or times, hereafter require, or by any means whatever, either by ecclesiastical censures, or by taking out citation, or other process, or by commencing or instituting any suit whatsoever, seek or endeavour to compel any restitution of conjugal rights, nor shall not nor will commence or prosecute proceedings of any description against the said Anna R—B—in any ecclesiastical court or elsewhere; nor shall nor will use any force, violence, or restraint to the person of the said Anna R—B—; nor shall nor will, at any time during the said separation, sue, or cause to be sued, any person or persons whomsoever for receiving, harbouring, lodging, protecting, or entertaining her, the said Anna R—B—, but that she, the said Anna R—B—, may in all things live as if she were a feme sole and unmarried, without the restraint and coercion of the said Charles B—, or any person or person by his means, consent, or procurement; and also that all the clothes, furniture, and other the personal estate and effects, of what nature or kind soever, now belonging or at any time hereafter to belong to, or be in the actual possession of her, the said Anna R—B—; and all such sums of money and personal estate as she, the said Anna R—B—, or the said Charles B—in her right, shall or may at any time or times during the said separation acquire or be entitled to at law or in equity, by purchase, gift, will, intestacy, or otherwise, shall be the sole and separate property of the said Anna R—B—, to manage, order, sell, dispose of, and use the same in such manner, to all intents and purposes, as if she were a feme sole and unmarried:
And further, that he, the said Charles B—, his executors or administrators, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said G—R—B, his executors, administrators, or assigns, a clear weekly payment or sum of—s., on Monday in each and every week during the life of the said Anna R—B—, but in trust for her, the said Anna R—B—, for her separate maintenance and support: And the said G—R—B—, for himself, his heirs, executors, and administrators, doth hereby covenant and agree to and with the said Charles B—, his executors, administrators, and assigns, that she, the said Anna R—B—, shall not nor will not, at any time or times hereafter, in any wise molest or disturb him the said Charles B—, or apply for any restitution of conjugal rights, or for alimony, or for any further or other allowance or separate maintenance than the said weekly sum of—s; and that he, the said G—R—his heirs, executors, or administrators, shall and will, from time to time, at all times hereafter, save, defend, and keep harmless and indemnify the said Charles B—, his heirs, executors, and administrators, and his and their lands and tenements, goods and chattels, of, from, and against all and all manner of action and actions, suit and suits, and all other proceedings whatsoever which shall or may at any time hereafter be brought, commenced, or prosecuted against him the said Charles B—, his heirs, executors, or administrators, or any of them, and also of, from, and against all and every sum and sums of money, costs, damages, and expenses which he, the said Charles B—, his executors, administrators, and assigns, shall or may be obliged to pay, or shall or may suffer, sustain, or be put unto, for, or by reason, or on account of any debt or debts which shall, at any time hereafter, during such separation as aforesaid, be contracted by the said; Anna R—B—, or by reason, or means, or on account of any act, matter, cause, or thing whatsoever relating thereto. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written.
[AT OPEN DOORS DOGS COME IN.]
1568. Divorce and other Matrimonial Causes.
The powers of the Ecclesiastical Court are abolished in these cases, which are now taken in the Probate, Divorce, and Admiralty Division of the High Court.
[IDLE FOLKS TAKE THE MOST PAINS.]
1569. Divorce a mensa et thoro.
By Divorce a mensa et thoro is meant a separation only; it does not sever the matrimonial tie, so as to permit the parties to contract another marriage. These are now called judicial separations.
1570. Suits of Jactitation of Marriage.
By suits of jactitation of marriage is meant suits which are brought when a person maliciously and falsely asserts that he or she is already married to another, whereby a belief in their marriage is spread abroad, to the injury of the complaining party.
1571. Absolute Divorce.
By absolute divorce is meant a dissolution of the marriage, by which the parties are set absolutely free from all marital engagements, and capable of subsequent marriage. In these cases a decree nisi is first obtained, which is made absolute after the lapse of a certain time, unless the decree should be set aside by subsequent appeal.
1572. Grounds of Divorce.
The grounds of divorce are very various, and in most cases fit only for confidential communication to a solicitor. In all cases a highly respectable professional adviser should be employed.
1573. Sentence of Judicial Separation.
A sentence of judicial separation may be obtained either by the husband or the wife, on the ground of desertion without cause for two years or upwards. To constitute wilful desertion on the part of the husband, his absence must be against the will of his wife, and she must not have been a consenting party to it.
1574. Insufficient Grounds.
Persons cannot be legally separated upon the mere disinclination of one or both to live together. The disinclination must be proved upon, reasons that the law recognises; and the court must see that those reasons actually exist.
The amount of sosts of a judicial separation or a divorce varies from L25 to L500 or more, according to the circumstances of the suit, and the litigation that may ensue. But a person being a pauper may obtain relief from the court by suing in forma pauperis. Any such person must lay a case before counsel, and obtain an opinion from such counsel that he or she has reasonable grounds for appealing to the court for relief. The opinion of the counsel must then be laid before the judge ordinary, and leave be obtained to proceed with the suit.
1576. Magisterial Order for Protection of Wife's Property.
When a wife is able to prove that her husband has deserted her without cause and against her will, she may obtain from the Matrimonial Court, or from the judge ordinary, an order to protect her against his creditors, and against any person claiming under him, by way of purchase or otherwise, any property she may acquire by her own lawful industry, or may become possessed of after such desertion.
1577. Obtaining an Order.
The order may in any case be obtained from the court, and when the wife lives in London, from a police magistrate; or where she lives in the country, from two magistrates sitting in petty sessions.
1578. Nature of the Order (1).
The order does not prevent the Husband returning to his Wife, but only prevents his taking her earnings while the desertion eontinues.
[HOME IS HOME, BE IT EVER SO HOMELY.]
1579. Nature of the Order (2).
The order, when obtained, puts the wife in the same position with regard to ownership of property and the right to sue and be sued upon contracts (that is, all bargains and business transactions), as if she had obtained the decree of judicial separation, placing her, in fact, if the situation of a single woman.
If after this Order is made, the husband, or any creditor of his, or person claiming through him by purchase or otherwise, should seize or continue to hold any property of the wife, after notice of such order, the wife may bring an action against her husband or such other person, and may recover the property itself, and double its value in money.
1581. Liability of Husband for Wife's Debts.
A husband is only liable for the debts and liabilities of his wife contracted before marriage to the extent of the property which he receives from, or becomes entitled to through his wife. The wife herself is liable to the extent of her separate property for all debts incurred by her either before or after marriage.
1582. Earnings, etc., of Married Women.
A married woman, after January 1, 1883, may carry on business separate from her husband, and is entitled absolutely for her separate use to all wages and earnings acquired by her in any employment, occupation, or trade, in which she is engaged, and which she carries on separately from her husband, and to all money acquired by her through the exercise of any literary, artistic, or scientific skill, and her receipt alone is a good discharge for the amount.
1583. Personal Property, etc., of Married Women.
A woman married after January 1, 1883, is entitled to hold all real and personal property which she was entitled to either at or after marriage, for her separate use.
1584. To Search for Wills.
If you wish to examine a will, your best course is to go to "The Wills Office," at Somerset House, Strand, have on a slip of paper the name of the testator—this, on entering, give to a clerk whom you will see at a desk on the right. At the same time pay a shilling, and you will then be entitled to search all the heavy Index volumes for the testator's name. The name found, the clerk will hand over the will for perusal, and there is no difficulty whatever, provided you know about the year of the testator's death. The Indexes are all arranged and numbered according to their years.
Not only the names of those who left wills are given, but also of those intestates to whose effects letters of administration have been granted. There is no charge beyond the shilling paid for entering. If you require a copy of the will, the clerk will calculate the expense, and you can have the copy in a few days. No questions whatever are asked—nor does the length of the will, or the time occupied in reading it, make any difference in the charge. Beyond the shilling paid on entering, there is no other demand whatever, unless for copying the whole or a portion of the will.
If the deceased at the time of his death had a fixed place of abode within the district of any of the District Registries attached to the Court of Probate, the will may now be proved, or letters of administration obtained from the district registrar. There are numerous district registries, viz., at Liverpool, Manchester, Bristol, York, Newcastle, Durham, and other places. If the will has not been proved in London, it will be found in the registry of the district in which the deceased dwelt at the time of his death. The same rules are observed in the country as in London, with regard to examination, &c. The fee—one shilling—is the same in all. Having ascertained that the deceased left a will, and that it has been proved, the next inquiry is, "Where was it proved?" The above explanation and remarks apply also to the administrations granted to the effects of those who died without wills.
[EVERY MAN'S HOUSE IS HIS CASTLE.]
1585. Making a Will.
The personal property of any person deceased, left undisposed of by deed or will, is divisible among his widow, should he leave one, and his next of kin, in the following order:
i. Children, grandchildren, great-grandchildren, &c. The next inheritors, in the absence of these, are,
ii. Father;—if none, mother, and brothers and sisters, and their children (but not their grandchildren);
iii. His grandfathers and grandmothers;—if none,
iv. His uncles and aunts;—if none,
v. His cousins, and great-nephews and nieces.
1586. Further Details on Intestacy.
If the Deceased leave a Widow, but no child or children, one half of his personal estate will fall to his widow, and the other half will be divisible among the next of kin. The father of an intestate without children is entitled to one half of his estate, if he leave a widow, and to the whole if he leave no widow. When the nearest of kin are the mother and the brothers and sisters, the personal estate is divisible in equal portions, one of which will belong to the mother, and one to each of the brothers and sisters; and if there be children of a deceased brother or sister, an equal portion is divisible among each family of children.
1587. Valid Wills (1).
Wills, to be Valid, can only be made by persons at or above the age of twenty-one, and in a sound state of mind at the time of making the last will and testament; not attainted of treason; nor a felon; nor an outlaw. As regards the power of married women to make wills, a married woman may make a will, disposing, as she may think fit, of all property to which she is entitled for her separate use.
1588. Valid Wills (2).
No will is valid unless it is in writing, signed at the foot or end thereof 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 witnesses, all of whom must be present at the same time, and such witnesses must attest and subscribe the will in the presence and with the knowledge of the testator.
A Will or Codicil once made cannot be altered or revoked, unless through a similar formal process to that under which it was made; or by some other writing declaring an intention to revoke the same, and executed in the manner in which an original will is required to be executed; or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction with the intention of revoking the same.
1590. Loses Effect.
No Will or Codicil, or any part of either, that has once been revoked by any or all of these acts, can be revived again, unless it be executed in the manner that a fresh will or codicil is required to be.
Alterations in Wills or Codicils require the signature of the testator and of two witnesses to be made upon the margin, or upon some other part of the will, opposite or neat to the alteration.
1592. Revoked by Marriage.
Every Will is revoked by the subsequent marriage of the testator or testatrix, except a will made in the exercise of a power of appointment, when the property appointed thereby would not, in default of appointment, pass to the heir, executor, or administrator, or next of kin of the testator or testatrix.
1593. Basic Requirements.
There being no Stamp Duty, or tax, on a will itself, it should be written on plain parchment or paper. Nor is it necessary, though always advisable where means are sufficient, to employ a professional adviser to draw up and complete the execution of a will.
1594. Identifying a Illegitimate Child.
If it be intended to give a legacy to an illegitimate child, the testator must not class him with the lawful children, or designate him simply as the child of his reputed parent, whether father or mother, but must describe the child by name as the reputed child of——or ——, so as to leave no doubt of identity.
Wearing apparel, jewels, &c., belonging to a wife are considered in law her "paraphernalia;" and though liable for the husband's debts while living, cannot be willed away from her by her husband, unless he wills to her other things in lieu thereof, expressing such intention and desire in the will.
The wife may then make her choice whether she will accept the substituted gift, or remain possessed of what the law declares her entitled to.
[HALF A LOAF IS BETTER THAN NO BREAD.]
1596. Property of Different Kinds.
Where property is considerable, and of different kinds,—or even where inconsiderable, if of different kinds, and to be disposed of to married or other persons, or for the benefit of children, for charities, or trusts of any description, it is absolutely necessary and proper that a qualified legal adviser should superintend the execution of the will.
When a person has resolved upon making a will, he should select from among his friends persons of trust to become his executors, and should obtain their consent to act. And it is advisable that a duplicate copy of the will should be entrusted to the executor or executors. Or he should otherwise deposit a copy of his will, or the original will, in the office provided by the Probate Division of the High Court for the safe custody of wills.
1598. Simple Form of Will.
This is the last will and testament of J——B——, of No. 3, King's Road, Chelsea. I hereby give, devise, and bequeath to my wife, Mary B——, her heirs, executors, and administrators, for her and their own use and benefit, absolutely and for ever, all my estate and effects, both real and personal, whatsoever and wheresoever, and of what nature and quality soever; and I hereby appoint her, the said Mary B——, sole executrix of this my will. In witness whereof I have hereunto set my hand this——day of——, one thousand eight hundred and——.
Signed by the said John B——in the presence of us, present at the same time, who, in his presence, and in the presence of each other, attest and subscribe our names as witnesses hereto.
JOHN WILLIAMS, 15, Oxford Street, Westminster.
HENRY JONES, 19, Regent Street, Westminster.
1599. Other Forms of Wills.
Other forms of wills give particular legacies to adults, or to infants, with direction for application of interest during minority; to infants, to be paid at twenty-one without interest; specific legacies of government stock; general legacies of ditto; specific legacies of leasehold property or household property; immediate or deferred annuities; to daughters or sons for life, and after them their children; legacies with directions for the application of the money; bequests to wife, with conditions as to future marriage; define the powers of trustees, provide for and direct the payment of debts, &c. All these more complicated forms of wills require the superintendence of a professional adviser.
1600. Crossing Cheques.
If cheques have two parallel lines drawn across them, with or without the addition of the words "& Co.," they will only be paid to a banker.
1601. Banker's Name across Cheque.
If, in addition, the name of any particular banker be written across the cheque, it will only be paid to that banker or his agent.
1602. Effect of Words "Not Negotiable" on Cheque.
If the words "Not Negotiable" be written across a cheque, the lawful holder of the cheque is not prevented thereby from negotiating it. The effect of these words is to prevent any person receiving a cheque so marked from acquiring a better title to it than the person had from whom he received it. If, therefore, such a cheque has been stolen, the thief cannot, by passing it away for value, vest in the person so acquiring it a good title.
1603. Repayment of Money, etc., borrowed when under Age.
An infant, or person under twenty-one years of age, is not liable to repay money borrowed by him, nor to pay for goods supplied to him, unless they be necessaries.
1604. Acceptance of Liability.
Even if a person after coming of age promise to pay debts contracted during infancy, he is not liable, whether the promise be made in writing or not.
[WILFUL WASTE MAKES WOEFUL WANT.]
1605. Limitation of Recovery of Land or Real Estate.
A person becoming entitled to any land or real estate, must bring an action to recover it within twelve years from the time when his right accrued, otherwise his claim will be barred by the "Statute of Limitations."
1606. Recovery of Damages by Workmen from Employer.
By the "Employers' Liability Act," 1880, a workman may recover from his employer damages for personal injuries sustained by him in the course of his employment, if the accident happen through any one of the following causes:
i. A defect in the way, works, machinery, or plant used in the employer's business, and which defect the employer negligently allows to remain unremedied.
ii. The negligence of some superintendent or overlooker in the service of the employer.
iii. The negligence of the foreman or other person in the service of the employer, whose orders or directions the workman was bound to obey and did obey.
iv. The act or omission of any person in the service of the employer done or made in obedience to the rules, bye-laws, or instructions of the employer.
v. The negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway.
1607. Amount Recoverable.
The largest sum which a workman can recover in any of the above cases is limited to the amount of the average earnings for three years of a person in his situation.
1608. Notice to Employer.
Notice in writing of the injury must be given to the employer, or sent by registered post, giving the name and address of the person injured, the date of the accident, and stating in ordinary language the cause of the injury.
1609. Actions for Compensation to be brought in County Court.
All actions for compensation under the above Act must be brought in the County Court, and commenced within six months of the accident, or, in case the workman die and the action is brought by his representatives, then within twelve months from his death.
1610. Bills of Sale.
The "Bills of Sale Act," which came into operation on November 1, 1882, effects several noteworthy changes of the utmost importance. It repeals part of the Act of 1878, which repealed the Act of 1854.
1611. What the term "Bill of Sale" includes.
The term "bill of sale" is made to include, in addition to those assignments of personal property which were within its meaning under the Act of 1854, "inventories of goods with receipt thereto attached; and receipts for purchase-moneys of goods," where the goods remain in the possession of the seller, and also an agreement to give a bill of sale.
1612. What the term "Personal Chattels" includes.
The term "personal chattels" has also a wider meaning than under the old law, as it includes fixtures and growing crops when separately assigned, and trade machinery when assigned, together with an interest in land so as to require registration.
1613. Chief Provisions of the Act.
All bills of sale made or given in consideration of any sum under L30 are void. No bill of sale executed after the Act shall be any protection to the goods comprised therein against distress for poor and other parochial rates.
1614. Instruments giving Powers of Distress.
Certain instruments giving powers of distress are also to be registered under the Act to be of any validity against the trustees in bankruptcy or execution creditors.
1615. Registration of Bill of Sale.
Every bill of sale must be registered within seven days of its making, instead of within twenty-one days as under the old law; and provision is made to prevent the evasion of the Act of 1878 by means of renewed bills of sale in respect of the same debt—a practice much resorted to up to the passing of that Act in order to avoid registration.
[WISE PEOPLE ARE THE MOST MODEST.]
1616. Renewal of Registration.
Registration of unsatisfied bills of sale must he renewed every five years.
1617. Voidance of Bill of Sale.
A bill of sale executed within seven days after the execution of a prior unregistered bill of sale, if comprising all or part of the same chattels, and if given as a security for the same debt or any part thereof, will be absolutely void.
1618. Bills of Sale to be Executed in presence of Solicitor.
To prevent necessitous persons being inveigled by sharpers into signing bills of sale for sums in excess of advances, or in blank, as has been done in some cases, every bill of sale had to be executed in the presence of a solicitor, but under the Bills of Sale Act, 1882, this is no longer imperative, the condition only affecting bills drawn under the Act of 1878.
1619. Preserving Fruit.
The grand secret of preserving is to deprive the fruit of its water of vegetation in the shortest time possible; for which purpose the fruit ought to be gathered just at the point of proper maturity. An ingenious French writer considers fruit of all kinds as having four distinct periods of maturity—the maturity of vegetation, of honeyfication, of expectation, and of coction.
1620. The First Period.
The first period he considers to be that when, having gone through the vegetable processes up to the ripening, it appears ready to drop spontaneously. This, however, is a period which arrives sooner in the warm climate of France than in the colder orchards of England; but its absolute presence may be ascertained by the general filling out of the rind, by the bloom, by the smell, and by the facility with which it may be plucked from the branch. But even in France, as generally practised in England, this period may be hastened, either by cutting circularly through the outer rind at the foot of the branch, so as to prevent the return of the sap, or by bending the branch to a horizontal position on an espalier, which answers the same purpose.
1621. The Second Period.
The second period, or that of Honeyfication, consists in the ripeness and flavour which fruits of all kinds acquire if plucked a few days before arriving at their first maturity, and preserved under a proper degree of temperature. Apples may acquire or arrive at this second degree of maturity upon the tree, but it too often happens that the flavour of the fruit is thus lost, for fruit over-ripe is always found to have parted with a portion of its flavour.
1622. The Third Stage.
The third stage, or of Expectation, as the theorist quaintly terms it, is that which is acquired by pulpy fruits, which, though sufficiently ripe to drop off the tree, are even then hard and sour. This is the case with several kinds both of apples and pears, not to mention other fruits, which always improve after keeping in the confectionery,—but with respect to the medlar and the quince, this maturity of expectation is absolutely necessary.
1623. The Fourth Degree.
The fourth degree of maturity, or of Coction, is completely artificial, and is nothing more nor less than the change produced upon fruit by the aid of culinary heat.
1624. Maturity of Vegetation.
We have already pointed out the first object necessary in the preservation of fruit, its maturity of vegetation, and we may apply the same principle to flowers or leaves which may be gathered for use.
The flowers ought to be gathered a day or two before the petals are ready to drop off spontaneously on the setting of the fruit: and the leaves must he plucked before the season has begun to rob them of their vegetable juices. The degree of heat necessary for the purpose of drying must next be considered, as it differs considerably with respect to different substances.
1626. Degrees of Heat Required.
Flowers or aromatic plants require the smallest increase of heat beyond the temperature of the season, provided that season be genial: something more for rinds or roots, and a greater heat for fruits; but this heat must not be carried to excess.
[FOOLS HAVE AN ABUNDANCE OF VANITY.]
1627. Proportions of Heat.
Philosophic confectioners may avail themselves of the thermometer; but practice forms the best guide in this case, and therefore we shall say, without speaking of degrees of Fahrenheit or Reaumur, that if the necessary heat for flowers is one, that for rinds and roots must be one and a quarter, that for fruits one and three quarters, or nearly double of what one may be above the freezing point.
1628. Hints about making Preserves.
It is not generally known that boiling fruit a long time, and skimming it well, without sugar, and without a cover to the preserving pan, is a very economical and excellent way—economical, because the bulk of the scum rises from the fruit, and not from the sugar; but the latter should be good. Boiling it without a cover allows the evaporation of all the watery particles therefrom, and renders the preserves firm and well flavoured. The proportions are, three quarters of a pound of sugar to a pound of fruit. Jam made in this way of currants, strawberries, raspberries, or gooseberries, is excellent. The sugar should be added after the skimming is completed.
1629. To make a Syrup.
Dissolve one pound of sugar in about a gill of water, boil for a few minutes, skimming it till quite clear. To every two pounds of sugar add the white of one egg well beaten. Boil very quickly, and skim carefully while boiling.
1630. Covering for Preserves.
White paper cut to a suitable size, dipped in brandy, and put over the preserves when cold, and then a double paper tied over the top. All preserves should stand a night before they are covered. Instead of brandy, the white of eggs may be used to glaze the paper covering, and the paper may be pasted round the edge of the pot instead of tied—it will exclude the air better.
1631. To Bottle Fruits.
Let the fruit to be preserved be quite dry, and without blemish. Take a bottle that is perfectly clean and dry within, and put in the fruit in layers, sprinkling sugar between each layer, put in the bung, and tie bladder over, setting the bottles, bung downwards, in a large stewpan of cold water, with hay between to prevent breaking. When the skin is just cracking, take them out. All preserves require exclusion from the air. Place a piece of paper dipped in sweet oil over the top of the fruit; prepare thin paper, immersed in gum-water, and while wet, press it over and around the top of the jar; as it dries, it will become quite firm and tight.
1632. Keeping Apples.
Apples for keeping should be laid out on a dry floor for three weeks. They may then be packed away in layers, with dry straw between them. Each apple should be rubbed with a dry cloth as it is put away. They should be kept in a cool place, but should be sufficiently covered with straw to protect them from frost. They should be plucked on a dry day.
1633. Dried Apples.
Dried apples are produced by taking fine apples of good quality, and placing them in a very slow oven for several hours. Take them out occasionally, rub and press them flat. Continue until they are done. If they look dry, rub over them a little clarified sugar.
1634. Preserved Rhubarb.
Peel one pound of the finest rhubarb, and cut it into pieces of two inches in length; add three quarters of a pound of white sugar, and the rind and juice of one lemon—the rind to be cut into narrow strips. Put all into a preserving kettle, and simmer gently until the rhubarb is quite soft; take it out carefully with a silver spoon, and put it into jars; then boil the syrup a sufficient time to make it keep well,—say one hour,—and pour it over the fruit. When cold, put a paper soaked in brandy over it, and tie the jars down with a bladder to exclude the air. This preserve should be made in the spring.
[WALK SWIFTLY FROM TEMPTATION, OR IT MAY OVERTAKE YOU.]
1635. Dry Apricots.
Gather before ripe, scald in a jar put into boiling water, pare and stone them; put into a syrup of half their weight of sugar, in the proportion of half a pint of water to two pounds of sugar; scald, and then boil until they are clear. Stand for two days in the syrup, then put into a thin candy, and scald them in it. Keep two days longer in the candy, heating them each day, and then lay them on glasses to dry.
1636. Preserved Peaches.
Wipe and pick the fruit, and have ready a quarter of the weight of fine sugar in powder. Put the fruit into an ice-pot that shuts very close; throw the sugar over it, and then cover the fruit with brandy. Between the top and cover of the pot put a double piece of grey paper. Set the pot in a saucepan of water till the brandy is as hot as you can bear to put your finger into, but do not let it boil. Put the fruit into a jar, and pour on the brandy. Cover in same manner as preserves.
1637. Brandy Peaches.
Drop them into a weak boiling lye, until the skin can be wiped off. Make a thin syrup to cover them, boil until they are soft to the finger-nail; make a rich syrup, and add, after they come from the fire, and while hot, the same quantity of brandy as syrup. The fruit must be covered.
1638. Preserved Plums (1).
Cut your plums in half (they must not be quite ripe), and take out the stones. Weigh the plums, and allow a pound of loaf sugar to a pound of fruit. Crack the stones, take out the kernels, and break them in pieces. Boil the plurns and kernels very slowly for about fifteen minutes, in as little water as possible. Then spread them on a large dish to cool, and strain the liquor. Next day add your syrup, and boil for fifteen minutes. Put into jars, pour the juice over when warm, and tie up with bladder when cold, with paper dipped in brandy over the preserve.
1639. Preserved Plums (2).
Another Way.—Plums for common use are very good done in treacle. Put your plums into an earthen vessel that holds a gallon, having first slit each plum with a knife. To three quarts of plums put a pint of treacle. Cover them over, and set them on hot coals in the chimney corner. Let them stew for twelve hours or more, occasionally stirring, and next day put them up in jars. Done in this manner, they will keep till the next spring.
1640. To Preserve Lemons, Whole, for Dessert.
Take six fine, fresh, well-shaped lemons, cut a hole just round the stalk, and with a marrow-spoon scoop out the pips, and press out the juice, but leave the pulp in the lemons. Put them into a bowl with two or three quarts of spring water, to steep out the bitterness. Leave them three days, changing the water each day; or only two days if you wish them to be very bitter. Strain the juice as soon as squeezed out, boil it with one pound of loaf sugar (setting the jar into which it was strained in a pan of boiling water fifteen or twenty minutes); tie it up, quite hot, with bladder, and set by till wanted. Taste the water the lemons are lying in at the end of the third day; if not bitter, lift the lemons out into a china-lined pan, pour the water through a strainer upon them, boil gently one or two hours; set by in a pan. Boil again next day, until so tender that the head of a large needle will easily pierce the rind. Put in one pound of loaf sugar, make it just boil, and leave to cool. Next day boil the syrup, and pour it on the lemons; add one pound of sugar, and hot water to supply what was boiled away. Lift out the lemons, and boil the syrup and pour on them again every day for a fortnight, then every three or four days, adding gradually three pounds of sugar. When the lemons look clear and bright, boil the syrup pretty hard, add the lemon juice which had been set by, just boil, skim; put the lemons into jars, pour the syrup upon them, and tie up the jars instantly with bladder.
[VICE CHEATS ITS VOTARIES.]
1641. Preserved Ginger.
Scald the young roots till they become tender, peel them, and place in cold water, frequently changing the water: then put into a thin syrup, and, in a few days, put into jars, and pour a rich syrup over them.
1642. To Preserve Eggs (1).
It has been long known to housewives, that the great secret of preserving eggs fresh is to place the small end downwards, and keep it in that position—other requisites not being neglected, such as to have the eggs perfectly fresh when deposited for keeping, not allowing them to become wet, keeping them cool in warm weather, and avoiding freezing in winter. Take an inch board of convenient size, say a foot wide, and two and a half feet long, and bore it full of holes, each about an inch and a half in diameter; a board of this size may have five dozen holes bored in it, for as many eggs. Then nail strips of thin board two inches wide round the edges to serve as a ledge. Boards such as this may now be made to constitute the shelves of a cupboard in a cool cellar. The only precaution necessary is to place the eggs as fast as they are laid in these holes, with the small end downwards, and they will keep for months perfectly fresh. The great advantage of this plan is the perfect ease with which the fresh eggs are packed away, and again obtained when wanted. A carpenter would make such a board for a trifling charge.
1643. Preserving Eggs (2).
Another Method.—The several modes recommended for preserving eggs any length of time are not always successful. The egg, to be preserved well, should be kept at a temperature so low that the air and fluids within its shell shall not be brought into a decomposing condition; and, at the same time, the air outside of its shell should be excluded, in order to prevent its action in any way upon the egg.
1644. Preserving Eggs, (3) Mixture for.
The following mixture for preserving eggs was patented several years ago by Mr. Jayne, of Sheffield. He alleged that by means of it he could keep eggs two years. A part of his composition is often made use of—perhaps the whole of it would be better. Put into a tub or vessel one bushel of quicklime, two pounds of salt, half a pound of cream of tartar, and mix the same together, with as much water as will reduce the composition, or mixture, to that consistence that it will cause an egg put into it to swim with its top just above the liquid; then place the eggs therein.
1645. Preserving Eggs (4).
Eggs may be preserved by applying with a brush a solution of gum arabic to the shells, and afterwards packing them in dry charcoal dust.
1646. Improving Bad Butter.
Bad butter may be improved greatly by dissolving it in thoroughly hot water; let it cool, then skim it off, and churn again, adding a little good salt and sugar. A small portion can be tried and approved before doing a larger quantity. The water should be merely hot enough to melt the butter, or it will become oily.
1647. Rancid Butter.
This may be restored by melting it in a water bath, with some coarsely powdered animal charcoal, which has been thoroughly sifted from dust, and strained through flannel.
1648. Salt Butter.
Salt butter may be freshened by churning it with new milk, in the proportion of a pound of butter to a quart of milk. Treat the butter in all respects in churning as fresh. Cheap earthenware churns for domestic use may be had at any hardware shop.
1649. To Preserve Milk.
Provide bottles, which must be perfectly clean, sweet, and dry; draw the milk from the cow into the bottles, and as they are filled, immediately cork them well up, and fasten the corks with pack-thread or wire. Then spread a little straw at the bottom of a boiler, on which place the bottles, with straw between them, until the boiler contains a sufficient quantity. Fill it up with cold water; heat the water, and as soon as it begins to boil, draw the fire, and let the whole gradually cool. When quite cold, take out the bottles and pack them in sawdust, in hampers, and stow them in the coolest part of the house. Milk preserved in this manner, and allowed to remain even eighteen months in bottles, will be as sweet as when first milked from the cow.
1650. Keeping Meat.
Meat may be kept several days in the height of summer, sweet and good, by lightly covering it with bran, and hanging it in some high or windy room, or in a passage where there is a current of air.
1651. Hams, Tongues, &c., Glazing for.
Boil a shin of beef twelve hours in eight or ten quarts of water; draw the gravy from a knuckle of veal in the same manner; put the same herbs and spices as if for soup, and add the whole to the shin of beef. It must be boiled till reduced to a quart. It will keep good for a year; and when wanted for use, warm a little, and spread over the ham, tongue, &c., with a feather.
1652. Curing of Hams and Bacon.
The most simple method is to use one ounce and a half of common soda and the same quantity of saltpetre, to fourteen pounds of ham or bacon, using the usual quantity of salt. The soda prevents that hardness in the lean of the bacon which is so often found, and keeps it quite mellow all through, besides being a preventive of rust.
1653. Preserving Mackerel.
Mackerel are at certain times exceedingly plentiful, especially to those who live near the coast. They may be preserved so as to make an excellent and well-flavoured dish, weeks or months after the season is past, by the following means. Having chosen some fine fish, cleanse them perfectly, and either boil them or lightly fry them in oil. The fish should be divided, and the bones, heads, and skins removed; they should then be well rubbed over with the following seasoning:—For every dozen good-sized fish use three tablespoonfuls of salt (heaped), one ounce and a half of common black pepper, six or eight cloves, and a little mace, finely powdered, and as much nutmeg, grated, as the operator chooses to afford,—not, however, exceeding one nutmeg. Let the whole surface be well covered with the seasoning; then lay the fish in layers packed into a stone jar (not a glazed one); cover the whole with good vinegar, and if they be intended to be long kept, pour salad oil or melted fat over the top. Caution.—The glazing on earthen jars is made from lead or arsenic, from which vinegar draws forth poison.
1654. Preserving Potatoes.
The preservation of potatoes by dipping them in boiling water is a valuable and useful discovery. Large quantities may be cured at once, by putting them into a basket as large as the vessel containing the boiling water will admit, and then just dipping them a minute or two, at the utmost. The germ, which is so near the skin, is thus destroyed without injury to the potato. In this way several tons might be cured in a few hours. They should be then dried in a warm oven, and laid up in sacks, secure from the frost, in a dry place.
1655. To Preserve Cucumbers.
Take large and fresh-gathered cucumbers; split them down and take out all the seeds, lay them in salt and water, sufficiently strong to bear an egg, for three days; set them on a fire with cold water, and a small lump of alum, and boil them a few minutes, or till tender; drain them, and pour on them a thin syrup:—let them lie two days; boil the syrup again, and put it over the cucumbers; repeat this part of the process a second and a third time; then have ready some fresh clarified sugar, boiled to a blow (which may be known by dipping the skimmer into the sugar, and blowing strongly through the holes of it; if little bladders appear, it has attained that degree); put in the cucumbers, and simmer for five minutes;—set by till next day;—boil the syrup and cucumbers again, and put them in glasses for use.
There are three methods of pickling; the most simple is merely to put the article into cold vinegar. The strongest pickling vinegar of white wine should always be used for pickles; and for white pickles, use distilled vinegar. This method may be recommended for all such vegetables as, being hot themselves, do not require the addition of spice, and such as do not require to be softened by heat, as capsicum, chili, nasturtiums, button-onions, radish-pods, horseradish, garlic, and shalots. Half fill the jars with best vinegar, fill them up with the vegetables, and tie down immediately with bladder and leather. One advantage of this plan is that those who grow nasturtiums, radish-pods, and so forth, in their own gardens, may gather them from day to day, when they are exactly of the proper growth. They are very much better if pickled quite fresh, and all of a size, which can scarcely be obtained if they be pickled all at the same time. The onions should be dropped in the vinegar as fast as peeled; this secures their colour. The horseradish should be scraped a little outside, and cut up in rounds half an inch deep.
1657. The Second Method of Pickling.
The second method of pickling is that of heating vinegar and spice, and pouring them hot over the vegetables to be pickled, which are previously prepared by sprinkling with salt, or immersing in brine. Do not boil the vinegar, for if so its strength will evaporate. Put the vinegar and spice into a jar, bung it down tightly, tie a bladder over, and let it stand on the hob or on a trivet by the side of the fire for three or four days; shake it well three or four times a day. This method may be applied to gherkins, French beans, cabbage, brocoli, cauliflowers, onions, and so forth.
1658. The Third Method of Pickling.
The third method of pickling is when the vegetables are in a greater or less degree done over the fire. Walnuts, artichokes, artichoke bottoms and beetroots are done thus, and sometimes onions and cauliflowers.
1659. French Beans.
The best sort for this purpose are white runners. They are very large, long beans, but should be gathered quite young, before they are half-grown; they may be done in the same way as described in par. 1656.
Onions should be chosen about the size of marbles; the silver-skinned sort are the best. Prepare a brine, and put them into it hot; let them remain one or two days, then drain them, and when quite dry, put them into clean, dry jars, and cover them with hot pickle, in every quart of which has been steeped one ounce each of horseradish sliced, black pepper, allspice, and salt, with or without mustard seed. In all pickles the vinegar should always be two inches or more above the vegetables, as it is sure to shrink, and if the vegetables are not thoroughly immersed in pickle they will not keep.
1661. Red Cabbage.
Choose fine firm cabbages—the largest are not the best; trim off the outside leaves; quarter the cabbage, take out the large stalk, slice the quarters into a cullender, and sprinkle a little salt between the layers; put but a little salt—too much will spoil the colour; let it remain in the cullender till next day, shake it well, that all the brine may run off; put it in jars, cover it with a hot pickle composed of black pepper and allspice, of each an ounce, ginger pounded, horseradish sliced, and salt, of each half an ounce, to every quart of vinegar (steeped as above directed); two capsicums may be added to a quart, or one drachm of cayenne.
1662. Garlic and Shalots.
Garlic and shalots may be pickled in the same way as onions.
1663. Melons, Mangoes and Long Cucumbers.
Melons, mangoes and long cucumbers may all be done in the same manner. Melons should not be much more than half-grown; cucumbers full grown, but not overgrown. Cut off the top, but leave it hanging by a bit of rind, which is to serve as a hinge to a box-lid; with a marrow-spoon scoop out all the seeds, and fill the fruit with equal parts of mustard seed, ground pepper, and ginger, or flour of mustard instead of the seed, and two or three cloves of garlic. The lid which encloses the spice may be sewed down or tied, by running a white thread through the cucumber and through the lid, then, after tying it together, cut off the ends. The pickle may be prepared with the spices directed for cucumbers, or with the following, which bears a nearer resemblance to the Indian method:—To each quart of vinegar put salt, flour of mustard, curry powder, bruised ginger, turmeric, half an ounce of each, cayenne pepper one drachm, all rubbed together with a large glassful of salad oil; shalots two ounces, and garlic half an ounce, sliced; steep the spice in the vinegar as before directed, and put the vegetables into it hot.
1664. Brocoli or Cauliflowers.
Choose such as are firm, and of full size; cut away all the leaves, and pare the stalk; pull away the flowers by bunches, steep in brine two days, then drain them, wipe them dry, and put them into hot pickle; or merely infuse for three days three ounces of curry powder in every quart of vinegar.
Be particular in obtaining them exactly at the proper season; if they go beyond the middle of July, there is danger of their becoming hard and woody. Steep them a week in brine. If they are wanted to be soon ready for use, prick them with a pin, or run a larding-pin several times through them; but if they are not wanted in haste, this method had better be left alone. Put them into a kettle of brine, and give them a gentle simmer, then drain them on a sieve, and lay them on fish drainers (or what is equally good, the cover of a wicker hamper), in an airy place, until they become black; then make a pickle of vinegar, adding to every quart, black pepper one ounce, ginger; shalots, salt, and mustard seed, one ounce each. Most pickle vinegar, when the vegetables are used, may be turned to use, walnut pickle in particular; boil it up, allowing to each quart, four or six anchovies chopped small, and a large tablespoonful of shalots, also chopped. Let it stand a few days, till it is quite clear, then pour off and bottle. It is an excellent store sauce for hashes, fish, and various other purposes.
Boil or bake them gently until they are nearly done; according to the size of the root they will require from an hour and a half to two hours; drain them, and when they begin to cool, peel and cut in slices half an inch thick, then put them into a pickle composed of black pepper and allspice, of each one ounce; ginger pounded, horseradish sliced, and salt, of each half an ounce to every quart of vinegar, steeped. Two capsicums may be added to a quart, or one drachm of cayenne.
Gather young artichokes as soon as formed; throw them into boiling brine, and let them boil two minutes; drain them; when cold and dry, put them in jars, and cover with vinegar, prepared as method the third, but the only spices employed should be ginger, mace, and nutmeg.
1668. Artichoke Bottoms.
Select full-grown artichokes and boil them; not so much as for eating, but just until the leaves can be pulled; remove them and the choke; in taking off the stalk, be careful not to break it off so as to bring away any of the bottom; it would be better to pare them with a silver knife, and leave half an inch of tender stalk coming to a point; when cold, add vinegar and spice, the same as for artichokes.
Choose small white mushrooms; they should be of but one night's growth. Cut off the roots, and rub the mushrooms clean with a bit of flannel and salt; put them in a jar, allowing to every quart of mushrooms one ounce of salt, one ounce of ginger, half an ounce of whole pepper, eight blades of mace, a bay-leaf, a strip of lemon rind, and a wineglassful of sherry; cover the jar close, and let it stand on the hob or on a stove, so as to be thoroughly heated, and on the point of boiling. Let it remain thus a day or two, till the liquor is absorbed by the mushrooms and spices; then cover them with hot vinegar, close them again, and stand till it just comes to a boil; then take them away from the fire. When they are quite cold, divide the mushrooms and spice into wide-mouthed bottles, fill them up with the vinegar, and tie them over. In a week's time, if the vinegar has shrunk so as not entirely to cover the mushrooms, add cold vinegar. At the top of each bottle put a teaspoonful of salad or almond oil; cork close, and dip in bottle resin.
On the sea coast this is merely preserved in water, or equal parts of sea-water and vinegar; but as it is sometimes sent fresh as a present to inland parts, the best way of managing it under such circumstances is to steep it two days in brine, then drain and put it in a stone jar covered with vinegar, and having a lid, over which put thick paste of flour and water, and set it in a very cool oven all night, or in a warmer oven till it nearly but not quite boils. Then let it stand on a warm hob for half an hour, and allow it to become quite cold before the paste is removed; then add cold vinegar, if any more is required, and secure as other pickles.
1671. Indian Pickle.
The vegetables to be employed for this favourite pickle are small hard knots of white cabbage, sliced; cauliflowers or brocoli in flakes; long carrots, not larger than a finger, or large carrots sliced (the former are far preferable); gherkins, French beans, small button onions, white turnip radishes half grown, radish-pods, shalots, young hard apples; green peaches, before the stones begin to form; vegetable marrow, not larger than a hen's egg; small green melons, celery, shoots of green elder, horseradish, nasturtiums, capsicums, and garlic.
As all these vegetables do not come in season together, the best method is to prepare a large jar of pickle at such time of the year as most of the things may be obtained, and add the others as they come in season. Thus the pickle will be nearly a year in making, and ought to stand another year before using, when, if properly managed, it will be excellent, but it will keep and continue to improve for years.