9550. Summary Recovery.-The penalties under any regulations authorized under the Common Lodging-Houses Acts may be recovered summarily, together with costs and expenses, by proceedings before justices.

9551. Discretion of Justices.-Penalties under the Common Lodging-Houses Acts are to a considerable extent at the discretion of the justices; and

9552. Three Convictions. It is expressly enacted, if a person is convicted three times under the Common Lodging-Houses Acts, that if the justices think fit he shall be henceforth disqualified from keeping a common lodging-house anywhere, for a subsequent period not exceeding five years.

UNFURNISHED LODGINGS.

9553. Implied Rights.-Rooms let as lodgings, being impliedly for occupation as dwellings, carry with them certain rights as matters of course; thus,

9554. Ordinary Accommodation.-Every lodger is entitled to the use of the door-bell and knocker (if any), the sky-lights or windows of the staircase, and the water-closet, unless there is an express stipulation to the contrary.

9555. Common Law. Most agreements for the occupation of lodgings are entered into verbally, without any writing, and are thus ruled by common law.

9556. Reasonable Care.-A householder who lets a lodging is bound to exercise all ordinary and reasonable care for the protection of the person and property of his lodger; thus,

9557. Insecurity.—If you let me a lodging in your house, you will be liable for the consequences of leaving any outer door unfastened at night; and

SERVANTS AND VISITORS.

9558. A person who lets a lodging is bound to use reasonable care in the appointment of servants, and to avoid permitting persons of doubtful character to enter or assemble in the house, to the jeopardy of his lodger or the lodger's property; and

9559. Gross Carelessness.-As a general rule, a lodger may recover damages from his landlord for any injury he may sustain in person or property by reason of the landlord's wilful neglect or gross carelessness; but,

9560. Safe Keeping.-In the absence of any proved neglect or culpable carelessness, a person who lets a lodging is not liable for

the safe keeping of the lodger's property unless it has been expressly delivered to such person for better security; and

9561. Thefts by Servants.-Though a lodger may be robbed by his landlord's servant, the landlord is not responsible unless it can be proved that he previously knew the servant to be a thief; for,

9562. Landlord Exonerated.—A lodger is the sole custodian of the property which he has with him in his lodging, and he is supposed to take care of it himself, without the assistance of the landlord.

FURNISHED APARTMENTS.

9563. Householder's Duty.—The person who lets furnished rooms as lodgings incurs an additional responsibility as to the fitness and sufficiency of the furniture; thus,

9564. Fitness.-If apartments are let furnished, it is implied that the rooms are reasonably fit for habitation, and the furniture for use; and

9565. Unfitness.—Should furniture in apartments prove to be unfit for use, or to be encumbered with a nuisance of so serious a nature as to deprive the tenant of beneficial enjoyment of it, he is entitled to leave without notice or payment, and may have an action for damages; and

9566. Aggravated Unfitness.-The incoming tenant of an entire house, let to him ready furnished, is not bound by his contract if any unforeseen or concealed defect should be discovered which renders occupation a manifest discomfort of an aggravated character; thus,

9567. Furnished House.-A furnished house was let under an agreement for eight guineas a week, and it turned out that the beds were so infested and overrun with bugs that they could not be slept in, and it was held that the tenant was justified in leaving the house and resisting the landlord's demand for rent.

OCCUPIER'S DUTY.

9568. Reasonable Care:-An occupier of furnished lodgings is bound to exercise reasonable care in the use of the furniture, and to restore it at the end of his tenancy in good condition, allowance being made for reasonable wear and tear; and

9569. Cleanliness.—When a tenant of a furnished house receives furniture, linen, plate, and household utensils, clean and fit for use, with an agreement in general terms to give them up as they were delivered to him, he is bound to restore them in a cleaned state.

RENT.

9570. A lodger is liable to pay rent when it is due according to the term agreed upon; thus,

9571. Weekly.-If lodgings are let by the week, the rent is payable weekly; if by the month, monthly; if by the quarter, quarterly; and so on; but,

9572. Monthly.-If a weekly lodger's rent is suffered to run for four weeks, and is then paid and accepted as for a month, the tenancy is thenceforth a monthly one; again,

9573. Quarterly.—If a monthly lodger's rent is suffered to run for three months, and is then paid and accepted as for a quarter, the tenancy thereby merges into a quarterly one, and so on.

9574. Distress.-When a lodging is let unfurnished, and without attendance or other service, distress lies against all the property in the lodging, with the like restrictions and limitations as in other cases of distress for rent (9078); but

9575. Action.-An action for the rent of lodgers is the most usual course of proceeding, not as for rent, but for use and occupation; for, 9576. Nothing Available.-When rent is due in respect to furnished lodgings, it rarely happens that the tenant has enough property on the spot available for a distress; and

9577. Rent Only.-Though the tenant of furnished apartments, including attendance, may have ample property in the rooms, it can only be taken, under a distress, for the bare value of the rooms, exclusive of furniture and attendance; because,

9578. Use and Attendance.—The use of furniture, and the enjoyment of attendance, are neither of them chargeable, under such a strict head of rent as to justify seizure for them by distress; notwithstanding,

9579. Right of Detention.-When rent of either unfurnished or furnished apartments is unpaid, the landlord is entitled to detain all the property of the lodger which may be on the premises, until payment has been effected; and

9580. Forcible Detention.-If lodgers are about to leave apartments without paying the rent, and the removal of their property is objected to, and they proceed to remove it in defiance of notice, any necessary force may be legally used to prevent the removal, and the attendance of a constable may be required to assist in the prevention; but

9581. Clothing in Wear.-Property in wear, or upon the persons of lodgers, cannot be detained on account of rent; and

9582. Personal Detention. The detention of a person, under any circumstances, on account of rent, renders the detainer liable for false imprisonment, or assault, or both, as the case may be.

NOTICE TO QUIT APARTMENTS.

9583. Needless. It is held by some authorities that notice to quit furnished apartments is not necessary; and

9584. Custom. In some districts it is very likely that custom has so far prevailed as to establish a right of leaving, or ejectment from, apartments without notice, at the end of any week or other term of tenancy; but,

9585. Reasonable Courtesy.—Though custom in the matter of notice to quit apartments might in many cases justify its omission, it is not only safer but in most cases an obligation of courtesy to give notice; and

IMPLIED OBLIGATION.

9586. The fact of notice being given to quit apartments implies an obligation to give it; so that,

9587. Full Term.—If notice to quit apartments be given at all, it must be for a full term; thus,

9588. Week or Month.-A weekly tenancy of apartments requires a week's notice to quit ; a monthly tenancy, a month's notice; and so on; provided that

9589. End of Term.-A notice to quit, as applied to apartments and every other kind of holding, can only terminate the tenancy at the end of a term; for,

9590. Day of the Week.-If apartments are entered upon on Thursday, by the week, notice to quit them given on a Friday will not avail to terminate the tenancy on the following Friday; the tenancy must continue till the Thursday next after.

WRITTEN CONDITIONS.

9591. When apartments are let under a written memorandum, of course all questions of notice to quit and other matters may be settled by the memorandum, in accordance with or contrary to common law.

EJECTMENT.

9592. Should a lodger remain in possession after the expiration of a notice to quit, or other termination of the tenancy, the landlord is legally entitled to eject him by force, and to procure assistance from the police, if necessary, to enable him to complete the ejectment.

MASTERS, MISTRESSES, AND SERVANTS.

HIRING AND SERVICE.

DEFINITIONS.

9593. Servants.-Every person who is under engagement to render continuous service to another for any stated time for a fixed and certain reward, is, during the continuance of that time a "servant," no matter in what capacity, or in what form, the service is rendered; thus,

9594. Various Grades.-The chief clerk of a great bank at a thousand a year, the promising "young man" behind a fashionable draper's counter, the carpenter at his bench, the grimy blacksmith at his forge, workmen of all kinds, the most magnificent "Jeames " behind a park carriage, and the poorest little domestic, drudging "for her victuals," are all equally "servants" in contemplation of law, each according to the implied or express contract under which the service commenced.

ESSENTIALS OF CONTRACT.

9595. Mutual Engagements.-In order to constitute a contract of hiring and service, there must be either an express or an implied mutual engagement, binding both parties-the one to employ and remunerate, and the other to serve; for,

9596. Gratuitous Service.-No person is entitled to remuneration for services rendered against the will or without the knowledge (9775) of the recipient; thus,

9597. Without Payment.—If B performs any work or service for A, without the knowledge or consent of A, though A may derive