NOTICE TO QUIT. A request from a landlord to his tenant to quit the premises leased, and to give possession of the same to him, the landlord, at a time therein men tioned. 3 Wend. N. Y. 337, 357 ; 7 Halst. N. J. 99.
2. The form of the notice. The notice or demand of possession should contain a re quest from the landlord to the tenant or per son in possession to quit the premises which he holds from the landlord (which premises ought to be particularly described, as being situate in the street and city or place, or town ship and county), and to deliver thern to him on or before a day certain,—generally, when the lease is for a year, the same day of the year on which the lease commences. But where there is some doubt as to the time when the lease is to expire, it is proper to add, " or at the expiration of the current year of your tenancy!' 2 Esp. 589. It should be dated, signed by the landlord himself, or by some person in his name, who has been author ised by him, and directed to the tenant. The notice must include all the premises under the same demise ; for the landlord cannot determine the tenancy as to part of the pre mises demised and continue rt as to the resi due. For the purpose of bringing an eject ment, it is not necessary that the notice should be in writing, except when required to be so under an express agreement between the parties. Comyns, Dig. Estate by Grant (G 11, n. p.) ; 2 Camp,b. 96 • 2 Mann. & R. 439. But it is the general an'd safest practice to give written notices ; and it is a precaution which should always, when possible, be ob served, as it prevents mistakes and renders the evidence certain and correct. Care should be taken that the words of a notice be clear and decisive, without ambiguity or giving an alternative to the tenant ; for if it be really ambiguous or optional it will be in valid. Adams, Ej. 122.
3. As to the person by whom the notice i8 to be given. It must be given by the person interested in the premises, or his agent pro perly appointed. Adanis, Ej. 120. See 3 C.
B. 215. As the tenant is to act upon the notice at the time it is given to him, it is necessary that it should be such as he may act upon with security, and should, therefore, be binding upon all the parties concerned at the time it is gven. Where, therefore, several persons are jointly interested in the pre mises, they need not all join in the notice ; but, if any of them be not a party at the time, no subsequent ratification by him will be sufficient by relation to render the notice valid. But see 5 East, 461 ; 2 Phillipps,
Ev. 184 ; 2 Esp. 677 ; 1 Barnew. & Ad. 135 ; 7 Mees. W . Exch. 139. But if the notice be given by an agent, it is sufficient if his authority is afterwards recognized. 3 Barnew. & Ald. 689. But see 10 Barnew.
& C. 621.
4. As to the person to whom the notice should be given. When the relation of land lord and tenant subsists, difficulties can sel dom occur as to the party upon whom the notice should be served. It should invari ably be given to the tenant of the party serving the notice notwithstanding a part may have been underlet or the whole of the premises may have been assigned, Adams, Ej. 119 ; 5 Bos. & P. 330 ; 14 East, 234; 6 Barnew. & C. 41 ; unless, perhaps, the lessor has recognized the sub-tenant as his tenant. 10 Johns. N. Y. 270. When the "remises are in possession of two or more as joint ten ants or tenants in common, the notice should be to all. A notice addressed to all and served upon one only will, however, be a good ,notice. Adams, Ej. 123.
5. A8 to the mode of serving the notice. The person about serving the notice should make two copies of it, both signed by the proper person, then procure one or more re spectable persons for witnesses, to whom he should show the copies, who, upon compar ing them and finding them alike, are to go with the person who is to serve the notice. The person serving the notice then, in their psesence, should deliver one of these copies to the tenant personally, or to one of his family, at his usual place of abode, although the same be not upon the demised premises, 2 PhiHipps, Ev. 185, or serve it upon the person in possession ; and where the tenant is not in possession, a copy may be served on him, if he can be found, and another on the person in possession. The witnesses should then, for the sake of security, sign their names on the back of the copy of the notice retained, or otherwise mark it so as to identify it ; and they should also state the manner in which the notice was served. In the case of a joint demise to two defendants, of whom one alone resided upon the premises, proof of the service of the notice upon him has been held to be sufficient ground for the jury to presume that the notice so served upon the premises has reached the other who resided in another place. 7 East, 553 ; 5 Esp. 196.