FURNITURE, HOUSEHOLD, IIrnrco OF. If a man lets out furniture for immediate use, there is an implied warranty that it is fit for use, and free from all defects incon sistent with the reasonable and beneficial enjoyment of it. Sutton v. Tempia, 12; Men son and Welsby, 60. The hirer must use the furniture for a proper purpose. If it is applied to a purpose inconsistent with the terms of the contract, or if it is sold by the hirer, the owner is entitled to maintain an action for its value. These- general rules may be regarded as prevailing both in England and Scotland. In case of willful injury done to furniture by a tenant within the metropolitan police district, it is provided by 2 and 3 Viet. c. 71, s. 38, that the police magistrate may award compensation to the amount of £15. In England as well as Scotland, the use of furniture for life is often made the subject of a bequest; and in this case, allowance will be made for ordinary wear and tear in the use of the furniture.
Lien on Furniture for a general rule, all furniture found on the premises, whether the property of the tenant or of a third party, may be distrained for rent, on the Principle that the landlord has a lien over it in respect of the place in which it is found, and not in respect of the person to whom it belongs. To this rule there are some exceptions in favor of trade, as of tools in actual use, etc. In Scotland, the land lord has a similar right over the furniture in a house, so that hired furniture may be seized; but furniture lent without payment of rent does not fall under this hypothec (q.v.). Even where furniture has been sold, the landlord has a claim over it while it remains on the premises.