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from thenceforward, pay to the landlord or leffor, his or her heirs or assigns, double the rent or sum which he, she or they should otherwise liave paid ; to be levied, sued for, and recovered at the same times, and in the same manner as the fingle rent or sum, before the giving such notice, could be levied, fued for, or recovered; and such double rent or sum shall be continued to be paid during all the time such tenant or tenants shall continue in pofleflion, as aforefjid.
XXIII. And whereas great inconveniences may happen to leffors and landlords, in cases of re-entry for non-payment of rent, by reason of the many niceties that attend re-entries, at common law ; and for as much as when a legal re-entry is made, the landlord or lefior must be at the expence, charge and delay of recovering in tjectinent, before he can obtain the actual poflellion of the demiled premies; Tor remedy whereof, Be it further "Vlu reone inlfyear's
enadiced by the thro.ity afirefi.id, That in all cases between srisi artrit, the landlord and senant, as often as it shall happen that one kilor haviis, violi: to
half year's rent shall be in arrear, and the landlord or leilor, By aj trene.
to whom the fame is due, hath right, by law, to re-enter for the non-payment thereof, fuch landlord or jetior Inall and may, without any formal demand or re-entry, serve a declaration in ejectinent for the recovery of the demised premises; or in calè the fame cannut be legally served, or no tenant be in actual pofleffion of the premises, then atlix the lame upon the door of any demiled mliuage; or in care such ejectment shall not be for the recovery of any mesluage, then upon fome notorious place of the lands, tenements or hereditaments, comprised in such declaration in ejectinent; and fuch altixing shall be deemed legal fervice thereor; which service, or affixing such declaration in ejectment, fall ftand in the place and lead of a demand and re-cntry; and in case of judgment against the casual eje&tor, or nonsuit for Bot confefling leale, entry and outter, it shall be made appear to the court where the said fuit is depending, by affidavit, or be proved upon the trial, in case the defendant appears, that half a year's rent was due before the said declaration was lerved, and that no sufficient distress was to be found on the demited preiniles, countervailing the arrears then due, and that the leflor or lefiors in ejectment, had power to re-enter ; then, and in every such cafe, the leflor or lefiors in ejectment, shall have judginent and execution, in the fame manner as if the rent in arrear had been legally demanded, and re-entry made ; and in case the lefsee or leslees, his, her or their assignee or aflignees, or other person or persons claiming or deriving title under the said leafe, shall fuffer judgment on such ejectment, and execution to be executed thereon, without paying the rent and arrears, together with full costs, and without filing any bill or bills for relief, in equity, within fix calendar months after such'execution executed; then, and in such case, the said lefee or lefees, his, her or their aflignee or aflignees, and all other perfons claiming and desiving title under the said leafe, shall be barred and foreclosed from all relief or remedy in law or equity, other than by writ of error, for reversal of such judginent, in case the same shall be erroneous ; and the said landlord or leflor shall, from thenceforth, hold the fame demised premises, discharged from such lease or contract; and if on such ejectment, a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall be nonfuited therein, except for the not confefling lease, entry and ouster, then, and in every such case, such defendant or defendants shall have and recover his,
her and their full costs. Provided always, That nothing Not to bar tie right herein contained shall extend to bar the right of any morta of any moligagee wito
is not in pofleffion, gagee or mortgagees, of such lease or any part thereof, who rears with custs, in lix Thall not be in poliestion, so as such mortgagee or morigamonths.
gees shall and do, within fix calendar months after such judgment obtained and execution executed, pay all rent in arrear, and all coits and damages futained, by such leflor, or person or persons entitled 10 the remainder or reverfion, as aforesaid, and perform all the covenants and agreements, which on the part and behalf of the first leslee or lefices, are and ought to be performed.
XXIV. And be it further enacted by the authority aforesaid, No injunction to il. That in cate the said leflee or lessees, his, her or their asiignee at law, unless the lel or allignees, or other perion or persons claiming any right, the rent due, and title or interest, in law or equity, of, in or to the faid lease,
Thall, within the time aforesaid, file one or more bill or bills for relief, in any court of equity, such person or per ons shall not have or continue any injunction againit the proceedings at law on such ejectinent, unless he, she or they do, or shall, within forty days next .ifier a full and pers fect answer shall be filed, by the lessor or leflors of the plaintiff in such ejectment, bring into court and lodge with the proper officer, such sum and fums of money, as the leffor or leflors of the plaintif in the said ejectment, Shall, in his, her or their answer, swear to be due, and in arrear, over and above all jutt allowances; and also the costs taxed in the said tuit, there to remain until the hearing of the cause, or to be paid out to the leftor or landlord, on good security, subject to the decree of the court; and in case such bill or bills shall be filed within the time aforesaid, and after the execution is
Leffor accountable executed, the lessor or lesfors of the plaintiff, nball be acenly for actual profits. countable only for so much and no more, as he, she or they shall, really and bona fide, without fraud, deceit or wilful neglect, make of the demised premises, from the time of his, her or their entering into the actual posseslion thereof; and if what shall be so made by the leflor or letfors of the plaintiff, happen to be less than the rent reserved on the said lease, then the laid leffee or leflees, his, her or their allignee or aflignees, before he, she or they shall be restored to the poffeffion or pofleflions, snall pay such leilor or leftors, or landlord or landlords, what the money, so by them made, tell sort of the reserved rent, for the timne such lelor or lellors of the plaintiff, or landlord or landlords, held the said lands.
XXV. Provided always, and be it further cra led by the auProceedingsin eject. thority aforesaid, That if the tenant or tenants, his, her or nants paying the rent their assignee or assignees, shall, at any time before the trial and costs.
in such ejectment, pay, or tender to the leflor or landlord, his executors or administrators, or his, her or their attorney, in that cause, or pay into the court where the same cause is depending, all the rent and arrears, together with the costs, then, and in such case, all further proceedings on the faid ejeciment, shall cease and be discontinued; and if such lessee or leliees, his, her or their executors, administrators or afligns, Mall, upon such bill, filed as aforesaid, be relieved in equity, he lhe or they shall have, hold and enjoy the demised lands, according to the lease thereof made, without any new lease to be thereof made to him, her or them.
XXVI. And for making the renewal of leafes more easy for the future, Be it further enaâied by the authority aforesaid, That in case any lease shall be Tenantsrelieved in
duly surrendered, in order to be renewed, and a new lease equity, to tuld lands made and executed by the chief landlord or landlords, the widout a new leafe. fame new lease shall, without a surrender of all or any the
under-leafes, be as good and valid, to all intents and purpo
valid without furren
New leases good and fes, as if all the under-leases derived thereout, had been likeder of under-leafes, wife surrendered at or before the taking of such new lease ;
and all and every person of persons, in whom any estate for life or lives, or for years, fall, from time to time, be vested by virtue of such new lease, and his, her and their executors and administrators, shall be entitled to the rents
, covenants and duties, and have like remedy for recovery there. of; and the under-leflees shall hold and enjoy the demised premises respectively, as if the original leases, out of which the respective under-leases are derived, had been itill kept on foot and continued ; and the chief landlord or landlords shall have and be entitled to such and the fame remedy, by ditress or entry, in and upon the demised premises, for the rents and duties reserved by such new lease, so far as the saine exceed not the rents and du, ties reserved in the lease out of which such under-leafe was derived, as he, The or they would have had, in case such former lease had been still conti. nued; or as he, she or they would have had, in case the respective underleases had been renewed under such new principal lease; any law, custom or usage to the contrary hereof notwithstanding.
XXVII. And be it further enacted by the authority afurefaid, If tenant' for life That where any tenant for life shall happen to die before, or on which rent be on the day on which any rent was referved or made payto recover a propor. able upon any demise or lease of any lands, tenemenis or tionable part.
hereditaments, which determined on the death of such tenant for life, that the executors or administrators of such tenant for life, shall and may, in an action on the case, recover of and from such under-tenant or under-tenants of such lands, tenements or hereditainents, if such tenant for life die on the day on which the same was made payable, the whole, or if before such day, then a proportion of such rent, according to the time such tenant for life lived of the last year, or a quarter
of a year, or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof, respectively.
XXVIII. And whereas the pollestion of estates in lands, tenements and hereditaments is rendered very precarious, by the frequent and fraudulent practice of tenants, in attorning to strangers who claim title to the estates of their respective landlord or landlords, leitor or leflors, who, by that means are turned out of poffefsion of their respective eftates, and put to the difficulty and exrence of recovering the poffeflion thereof, by actions or suits at law; For remedy whereof, Be it further enačied by the authority aforesaid, That
all and every such attornment or attornments of any Attornments of te- tenant or tenants, of any mesluages, lands, tenements or nants to ftrangers,
hereditaments, shall be abfolutely null and void, to all intents and purposes whatsoever, and the poffeffion of their respective landlord or landlords, leflor or leflors, fhall not be deemed or construed to be in any wise changed, altered or affected, by any such attornınent or attornments.
Provided always, That nothing herein contained, shall exUnless made puro tend to vacate or affect any attornment made pursuant to, or order of court, or and in consequence of fonie judgement at law, or decree,
or order of a court of equity, or made with the privity and consent of the landlord or landlords, leffor or leffors, or to any mortgagee, after the mortgage is become forfeited.
XXIX. And be it further cnailed by the authority aforePenalty of tenants forid, That every tenant to whom any declaration in ejectEleir" landiuras utama ment Mall be delivered, for any lands, tenements or here
daratima in cjetio ditaments, shall forthwich give notice thie:eof to lis or her
landlord or landlords, or luis, her or their bailia or receiver, under penalty of forfaiting the value of three years improved or rack l'ent of the premises !o deini:ed, or holden in the pofleffion of fuck tenant, to ile person of whom he or she holds, to be recovered by action of debt to be brought in any court of record within this Nate.
XXX. And he it further enalled by the authority aforeLandlords to be ad: jaid, That it shall be lawful for the court where tuch ejectjo:ning with their te- ment Mall be brought, to suffer the landlord or landlords,
to make him, her or themselves, defendant or defendanis, by joining with the tenant or tenants, to whoin such declaration in ejectment shall be delivered, in cafe he or they shall appear ; but in case luch tenant er lenants shall refuse or neglect to appear, judgment shall be signed againit the casual ejector, for want of fuch appearance; but it the landlord or landlords of any part of the lands, tenements or hereditaments, for which fuch ejiciment was brought, shall desire to appear by himelf, her elf or themselves, and consent to enter into the like rule, that, by the course of the court, the tenant in pofseflion, in cale he or she had appeared, ought to have done'; then the court, where such ejectment Mall be brought, hall and may permit such landlord or landlords so to do, and order : ftay of execution upon such judgment against the cafual ejector, until they fall make further order therein.
XXXI. And to obviate fome difficulties that many times occur in the recovery of rents, where the demises are not by deed; Be it further endcted by the authority aforesaid, That it shall be lawful to and for the landlord or landlords, his, hier or their heirs or afligns, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenemunis or hereditaments, held or occupied by the detendant or defendants, in an action on the case, for the use and occupation of what was so held and enjoyed; and if in evidence on the trial of Tuch action, any parole demiz, or any agreement (not being by deed, whercon a certain rent was referved, shall appear, the plaintiffin such action shall not therefore be non fuited, but may make use thereof as an evidence of the quantun of the damages to be recovered.
CH A P. XXXVII. An ACT for punishing Treasons and Felones, and for the better regulating the Proceedings in Cales of Felony.
Palied 211 February, 1788. 1. BE
E it enacted by the people of the fate of Neu-York, representer' in fenate
and allembly, and it is hereby enacted by the authority of the fame, That the privilege, or benefit of the clergy, heretofore allowed in criminal cales, shall be, and hereby is taken away and for ever abolished.
II. And be il further enacted by the authority aforefu, What crines to be That every person who hereafter shall be, in due form of
law, convicted or attainted of any manner of treason, murder, rape, buggery or burglary; or of feloniously taking any goods or chattels out of any church or place of public worthip; or of feloniously breaking any house, by day or by night, any person being then in the same house where such breaking shall be committed, and thereby put in fear or dread; or of robbing any person or persons in his, her or their dwelling-house, or dwelling-place, the owner or dweller in the fame houe, or his wife, or his Vol. II.
or her children or servants, or any or either of them, then being within the dine house or place where the robbery Mall be conmitted and done, or any other place within the precinct of the same house or dwelling-place, wheIber the owner or dweller in the fame house, or his wife, or his or her children or servants, or any, or either of them, then and there being, shall be waking or Leeping; or of robbing any person ; or of feloniously taking away any goods or chartels, being in any dwelling-house, the owner or any othr perlon being therein, and put in féar ; or of robbing any dwelling, house, in the day time, any person being therein ; or of robbing any person or persons in or about any highway; or of wilfully buming any dwellinghoul, or any barn ; or of any offence specified in the act, entitled, An act 10 prevent malicious maiming and wounding; or of any offence specified in the act, entitled, An act for preventing and punishing forgery and coanurfeiting; and every person who shall aid, abet, allift, counsel, hire or coinmasid any person or persons to commit any of the said offences, and thereof be duly convicted or attainted, shall fufer death for the fame, and shall be hanged by the neck until he, le or they shall be dead. And further, That the judgments to be given in all and every of the cases aforesaid, Ihall invariably be, that the person so convicted or attainted, Mall be hanged by the neck' until he or she mall be dead; any law, usage or custom to the contrary not withstanding. And inoreover, That ati and every person and persons who shall, in due form of law, be convicted or attainted of any felony, other than such as are herein before mentioned, shall, for the first offence, be punished by fine, imprisonment, or corporal punishment, or by all or any of thein, in such manner as the justices before whom such conviétion or attainder shall be had, or who shall give judgment thereupon, fall, in their discretion, think proper to direct and award, not extending to life or limb; and for any second offence, or felony committed after such first conviction, every such oflender shall suffer death, and Mall have judgment to buhanged by the neck antil he or she Niall be dead; and shall be accordingiy hanged by the neck until he or The Mall be dead; but nothing herein burore contained mall extend to petty larceny, which is the feloniously taking and carrying away the goods or chine's of another, of the value of five pounds or under.
III. And be it furiher cnceled by the authority aforesaid, Prinefart et dure, That the law relative to the peine fort et dure, shall be,
and hereby is abolished : and that in all cases of treason or felony, where the party indicted Ihall, on being arraigned, obstinately stand mure, or refuse to plead, and be tried in due course of law; such obftinate
In cases of treason ly standing inute, or refusalto plead and be tried as aforesaid, of felony, prisoner shall be adjudged to amount to, and be a proper traverse fulling
to plead, to be or denial of the facts charged in the indictment ; and the tried as it that load trial shall thereupon proceed in like manner, and the re
cord shall be in the same form, and the fame judgment shall be given against the said party, if found guilty, as if he or she had, on being arraigned, pleaded not guilty, and for trial had put himselför herself on the country; any law to the contrary notwithstanding.
IV. And be it further enated by the authority aforesaid, That the clerk of the supreme court, the clerks of every circuit court, and court of oyer and terminer, and gaol delivery, and the clerks of the peace for the time being, where any attainder, outlawry or conviction of any person or persons, for any manner of treafon, murder, rape, buggery, burglary, robbery,