is called the "guardian." Application may be made by the debtor to set aside the attachment, if he can show that the creditor has not a sufficient claim, or that he (the debtor) is not insolvent within the meaning of the act. If the attachment is not set aside, the Judge will order a meeting of creditors to be called, and they will appoint an assignee, who will thereupon take possession of the insolvent's effects as in the case of voluntary assign

ments.

If a debtor ceases to meet his liabilities generally, as they become due, one or more creditors for sums exceeding in the aggregate $500, may require him to make an assignment; and if he fails to do so, they may proceed to compulsory liquidation.

Immediately upon his appointment the assignee gives notice thereof by advertisement and notice mailed to the creditors calling upon them to file their claims with him within one month. The assignee will then proceed to realise the insolvent's estate, and divide the proceeds amongst the crediClerks and servants of the insolvent are entitled to be paid their wages in full, not exceeding four months arrears; but such amount may be increased by the creditors if they please.

tors.

An insolvent may procure his discharge at any time by consent of a majority of his creditors for sums of $100 and upwards, and who represent at least three-fourths in value of the liabilities. This is effected by deed of composition and discharge, which, upon being confirmed by an order of the

Judge, will operate as a final discharge. If the insolvent cannot or does not procure such consent, he may at the expiration of one year from the date of the assignment or attachment, apply to the Judge for his discharge.

The foregoing is a very general outline of the Insolvent act of 1869, which occupies fifty-five pages of the Statutes, and contains one hundred and fifty-five, sections. It is obvious, therefore, that any attempt at greater particularity and detail would be incompatible with the design of this work. The principal object of this chapter was simply to furnish creditors with the means of proving their own claims without the intervention of a solicitor. As for the insolvent, he must necessarily put himself in communication with an official assignee, who will instruct him as to the mode of procedure; although he will find it, in most cases, better at once to secure the services of a professional man.

We subjoin the form in which a creditor's claim should be presented to the assignee for proof.

I, C. D., of, &c., (stating name in full and place of residence and occupation), being duly sworn in depose and say:

1. I am the claimant, (or the duly authorized agent of the claimant in this behalf, and have a personal knowledge of the matter hereinafter deposed to, or a member of the firm of claimants in the matter, and the said firm is composed of myself and E. F., of

.)

2. The insolvent is indebted to me (or to the claimant) in the sum of $ for (here slate the nature and particulars of the claim for which purpose reference may also be made to accounts or documents annexed.

3. I (or the claimant) hold no security for the claim, [ûr I, (or the claimant) hold the following, and no o'her, security for the claim, namely; (slate here the particulars of the security), To the best of my knowledge and belief, the security is of the value of dollars.]

CHAPTER XII.

LANDLORD AND TENANT.

The relation of landlord and tenant is that which subsists between the owner of houses or lands, and the person to whom he grants the use of them. It may be created by contract in writing, as lease, or agreement for a lease; or by verbal agreement as is usually the case in a letting from year to year. The owner, who is called the landlord or lessor, grants the possession and use of the property to the tenant or lessee for a specified time at a stipulated sum denominated rent.

A lease may be made for the life either of the landlord or the tenant, or it may be made for any number of years, or it may be at will,—that is, determinable at any moment at the will either of the lessor or lessee. An agreement for a lease must be in writing, as required by the Statute of Frauds (29 Car. II., c. 3, s. 4), before referred to; and all leases exceeding three years in duration must now be by deed; and if for more than seven years they must also be registered. A lease in writing, not under seal, for a term exceeding three years in duration will amount only to an agreement for a lease for the term specified.

A letting and hiring of land for a year or any less period may arise, by implication of law, from the relative situations of the parties and the silent language of their actions and conduct, as well as by express words and stipulations. Whenever the house or land of one man has been occupied and used by another, the presumption is that the use and occupation are to be paid for, and the landlord is entitled to maintain an action to recover a reasonable hire and reward for the use of the land, unless the tenant can show that he entered into possession of the property under circumstances fairly leading to an opposite conclusion. A landlord, on the other hand, who has permitted a tenant to occupy property, and has received rent from the latter for such use and occupation, will be bound by his own acts, and cannot afterwards treat such tenant as a trespasser, and turn him out of possession, without a proper notice to quit.

Leases may be made to commence from a day that is passed, or from a day to come, as well as from the day of the making of the lease.

If a tenant holds over after the expiration of his lease; and the landlord receives from him rent which has accrued due subsequently to the expiration of the lease, he becomes a tenant from year to year upon the terms of the original demise.

A tenancy from year to year is ordinarily implied from the payment and acceptance of rent; but this prima facie presumption may, of course, be rebutted by showing that the money was paid or received by mistake.