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Not on improvements.
$ 21. Such damages shall not be estimated for the use of any per- TITLE 4. manent improvements made after the death of her husband, by his heirs, or by any other person claiming title to such lands.25
$ 22. Where a widow shall recover her dower in any lands alien- Dumages ed by the heir of her husband, she shall be entitled to recover of such afiening land. heir, in an action on the case, her damages for withholding such dower, from the time of the death of her husband to the time of such alienation by the heir, not exceeding six years in the whole; and the to be deductamount recovered from such heir, shall be deducted from the amount she would otherwise be entitled to recover from such grantee, and also any amount recovered as damages from such grantee, shall be deducted from the sum she would otherwise be entitled to recover from such heir.
$ 23. Where the widow shall have accepted an assignment of dow- Claim when er, in satisfaction of her claim upon all the lands of her husband, it signment of may be pleaded in bar of any further claim of dower, by the heir of" such husband, or any grantee of such heir, or any grantee of such husband.
S 24. Where a widow not having right to dower, shall, during the Collusive rethe infancy of the heirs of the husband, or any of them, in any suit, prejudice in commenced either by the widow or by the guardian of any heir, or upon any application to the supreme court, court of common pleas, or surrogate, recover by the default or collusion of such guardian, such infant heir shall not be prejudiced thereby, but when he comes of full age, he shall have an action against such widow, to recover the lands so wrongfully awarded for dower.26
$ 25. A widow may bequeath the crop in the ground of the land may be holden by her in dower.27
barred by as
TIES OF LANDLORDS AND TENANTS.
Sec. 1. Construction of certain agreements for use of lands, &c. in New-York
2. Effect of new lease, after surrender of former lease.
TITLE & Sac 16. Det er cficer bolding the exzetios, apen bead being gira
17. Pealty on kadon for collecting more rent than is dat
2. Pesalty co tesant for sot delivering process, sotices, &t serred an hirs. Dzw. 3 1. Agreements for the occupation of lands or tenements, in the
city of New York, which shall not particularly specify the duration of such occupation, shall be deemed valid until the first day of May next after the possession under such agreement shall commence, and the rent under such agreement shall be payable at the usual quarter days for the payment of rent in the said city, unless otherwise ex
pressed in the agreement. 29 Ferto de S2. If any lease be surrendered in order to be renewed, and a Brender of new lease be made by the chief landlord, such new lease shall be good
and valid to all intents and purposes, without a surrender of all or any of the under leases derived out of such original lease so surrendered; and the chief landlord, his lessee, and the holders of such under leases, shall enjoy all their rights and interests, in the same manner and to the same extent, as if the original lease had been still continued; and the chief landlord shall have the same remedy by distress, or entry upon the demised premises for the rents and duties secured by such new lease, so far as the same do not exceed the rents and du
ties reserved in the original lease so surrendered. Aitor man's S 3. The attornment of a tenant to a stranger shall be absolutely
void, and shall not in any wise affect the possession of his landlord, unless it be made,
1. With the consent of the landlord: or,
2. Pursuant to, or in consequence of, a judgment at law, or the order or decree of a court of equity: or,
3. To a mortgagee after the mortgage has become forfeited. 29 Remedy in S 4. The interest of any person holding a contract for the purchase equity against
and held un- of lands, shall not be bound by the docketing of any judgment or defor purchase. cree, nor be sold by execution upon any such judgment or decree; but
whenever an execution against the property of such person shall have been issued, on a judgment or decree, and shall have been returned unsatisfied, in whole or in part, the party suing out such execution, may file a bill in chancery against such defendant and the party bound to perform such contract, to prevent the transfer of such contract, and to obtain satisfaction of the sum remaining due on such judgment or decree, out of the interest of the defendant in the said contract.
(28) Laws of 1820, p. 173, § 4. (29) 1 R. L. p. 442, § 26 & 28.
S 5. The interest of the defendant in such contract, may be sold TITLE 4. under the decree of the court, or transferred to the complainant, in such manner and upon such terms as the court shall deem most con- defendant
may be sold, ducive to the interests of the parties; and the court shall have power &c in such suit, to decree a specific performance of such contract, either in favor of the complainant, or in favor of the purchaser, if the interest in the contract shall be directed to be sold.
$ 6. The value of the interest of the defendant holding such con- Interest of tract, shall be ascertained by the court, and the same, or so much how applied. thereof as may be necessary for that purpose, shall be applied to the payment of the judgment or decree of the complainant, and the residue applied to the benefit of the defendant.
$ 7. Wherever there is a tenancy at will, or by sufferance creat- Tenaney at ed, by the tenant's holding over his term, or otherwise, the same may minated by be terminated by the landlord's giving one month's notice in writing to the tenant, requiring him to remove therefrom. 30
$ 8. Such notice shall be served by delivering the same to such How served. tenant, or to some person of proper age residing on the premises; or if the tenant can not be found, and there be no such person residing on the premises, such notice may be served by affixing the same on a conspicuous part of the premises, where it may be conveniently read.30
$ 9. At the expiration of one month from the service of such no- Rights of tice, the landlord may re-enter, or maintain ejectment, or proceed in" the manner prescribed by law, to remove such tenant, without any further or other notice to quit.30
$ 10. If any tenant shall give notice of his intention to quit the Penalty on premises by him holden, and shall not accordingly deliver up the pos- hot yielding session thereof, at the time in such notice specified, such tenant, his for giving noexecutors or administrators, shall, from thenceforward, pay to the “ landlord, his heirs or assigns, double the rent which he should otherwise have paid, to be levied, sued for and recovered, at the same time and in the same manner, as the single rent; and such double rent shall be continued to be paid during all the time such tenant shall continue in possession as aforesaid. 31
$ 11. If any tenant, for life or years, or if any other person who Penalty on may have come into the possession of any lands or tenements, under for holding or by collusion with such tenant, shall wilfully hold over any lands notice to or tenements after the termination of such term, and after demand out made and one month's notice, in writing, given in the manner herein before prescribed, requiring the possession thereof by the person entitled thereto, such person so holding over shall pay to the person so kept out of possession, or his representatives, at the rate of double
(80) Laws of 1820, p. 177, Proviso to $1. (31) 1. R. L. p. 440, $ 22. VOL, I.
but not to
TILE the yearly value of the lands or tenements so detained, for so long a
time as he shall so hold over or keep the person entitled, out of possession; and shall also pay and remunerate all special damages what.
ever, to which the person so kept out of possession may be subjected fn by reason of such holding over; and there shall be no relief in equity against any recovery hasl at law under this section."
S 12. If an execution be levied upon any goods or chattels, in or srute upon any demised premises liable to distress for rent, the landlord of Es zud such premises to whom any rent of such premises, may be due, may
at any time before a sale of such goods, by virtue of such execution, give notice to the party in whose favor such execution shall be issued, or to the officer holding the same, of the amount claimed by such landlord to be due, and the time during which the same accrued, and shall accompany such notice with his own affidavit, or that of his
agent, of the truth thereof.33 Officer to cub S 13. Upon receiving such notice and affidavit, the officer hold
ing such execution, (unless prevented by the tenant of such premises executing a bond, as herein after provided,) shall levy the amount of the rent so claimed to be due, in addition to the sum directed to be
raised on such execution, and shall pay such additional sum to such exceed last landlord, or his agent; but the amount of rent to be levied under this
section, shall not exceed the last year's rent of such premises.
S 14. In case there shall be a deficiency of goods and chattels to satisfy both such execution and rent, the amount levied shall be first applied to the satisfaction of such rent, and the balance, if any, shall be applied upon such execution.
S 15. If any tenant against whom an execution shall be issued, prevented by shall deny that rent is due to his landlord, as claimed, he may prevent
the levying thereof by virtue of such execution, as herein before provided, by delivering to the officer holding such execution, a bond, with two sufficient sureties, to be approved by such officer, in a penalty double the amount of the rent so claimed, to be executed to such landlord, with a condition that the obligors therein will pay all rent then due to such landlord, not exceeding one year's rent of the premises.
$ 16. Upon such bond being executed and delivered, the officer ing bond. e holding such execution shall proceed in the collection thereof, not
withstanding any claim or notice of claim, for rent which may have been made or given; and he shall deliver such bond to the landlord making such claim, or his agent, who shall be authorised to prosecute the same for the recovery of the rent due him.
S 17. If any landlord shall, under the foregoing provisions, claim more rent than is due to him, and such excess shall be collected as
Rent to be first paid
Levying of rent, how
Penally on landlord.
herein provided, the tenant may maintain an action against such land- TITLE 4. lord for such excess; and if he recover therein, shall be entitled to judgment for double the amount of such excess.
S 18. When any certain services or certain rent reserved out of Right to disany lands or tenements, shall not be paid or rendered when due, the person entitled thereto, may distrain for the same.
S 19. Any person having any rent due upon any lease for life or Remedy on lives, may have the same remedy to recover such arrears, by action life. of debt, as if such lease were for years. 34
$ 20. Every person entitled to any rents dependent upon the life Rents doof any other, may, notwithstanding the death of such other person, life of anohave the same remedy by action or by distress, for the recovery of all arrears of such rent, that shall be behind and unpaid at the death of such other person, as he might have had if such person was in full life.34
$ 21. The executors or administrators of every person to whom Remedy of any rent shall have been due and unpaid at the time of his death, may &c.for arrears have the same remedy by action or by distress, for the recovery of all such arrears, that their testator or intestate might have had, if living. 34
$ 22. When a tenant for life, who shall have demised any lands, Executors, shall die on or after the day when any rent became due and payable, for vie. his executors or administrators may recover from the under tenant, the whole rent due ; if he die before the day when any rent is to become due, they may recover the proportion of rent which accrued before his death.34
$ 23. The grantees of any demised lands, tenements, rents or other Rights of hereditaments, or of the reversion thereof, the assignees of the lessor design of any demise, and the heirs and personal representatives of the les- of demised sor, grantee or assignee, shall have the same remedies by entry, action, distress or otherwise, for the non-performance of any agreement contained in the lease so assigned, or for the recovery of any rent, or for the doing of any waste or other cause of forfeiture, as their grantor or lessor had, or might have had, if such reversion had remained in such lessor or grantor. 35
S 24. The lessees of any lands, their assigns or personal represen- Rights of tatives, shall have the same remedy by action or otherwise against their assignthe lessor, his grantees, assignees, or his or their representatives, for the breach of any covenant or agreement in such lease contained, as such lessee might have had against his immediate lessor, except covenants against incumbrances, or relating to the title or possession of the premises demised.35
&c. of tenant
- of demised lands.
(34) 1. R. L. p. 438, § 16, 18, 19, 20 & 27. (35) Ib. p. 363.