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§ 7. A widow shall not be endowed of lands conveyed to her hus- TITLE 3. band by way of mortgage, unless he acquire an absolute estate therein, Widow of during the marriage.

mortgagecs.

§ 8. In case of divorce, dissolving the marriage contract, for the When dow misconduct of the wife, she shall not be endowed.

198; 3 Abb., 150; 16 Abb., N. S., 112; id., 288; 35 Barb., 482; 52 N. Y., 593; 45 How.
43 Hun, 461; 3 Bosw., 695; 64

er forfeited 4 Barb.,192; 24 Wend., Pr. R. 46; N. Y., 47.

barred by

App. Dec.,

[ 1 R. L., 53, § 7, and 2 R. L., 196, § 8.] § 9. Whenever an estate in lands shall be conveyed to a person and When his intended wife, or to such intended wife alone, or to any person jointure. in trust for such person and his intended wife, or in trust for such Abb. Ct. wife alone, for the purpose of creating a jointure for such intended wife, and with her assent, such jointure shall be a bar to any right or claim of dower of such wife, in any lands of the husband. [1 R. L., 58 and 59, §§ 8 and 9.]

322; 8

Bosw., 327;

4 Abb. Pr.,

N. S., 428.

of her

assent.
N. S., 428; 2

4 Abb. Pr.,

§ 10. The assent of the wife to such jointure shall be evidenced, Evidence if she be of full age, by her becoming a party to the conveyance by which it shall be settled; if she be an infant, by her joining with her father or guardian in such conveyance.

Paige, 559; 2 Abb. Ct. App. Dec., 322; 3 Bosw., 327.

er barred

11. Any pecuniary provision that shall be made for the benefit When dow of an intended wife and in lieu of dower, shall, if assented to by such by pecu intended wife, as above provided, be a bar to any right or claim of dower of such wife in all the lands of her husband.

ary pro

visions:
1 Johns. R.,
307; 5
N. Ć., 295.
When to

elect be

Paige, 447; 6 Johns. Ch. R., 194; 71 N. Y., 154; 3 Abb. § 12. If before her coverture, but without her assent, or if after her coverture, lands shall be given or assured for the jointure of a tween wife, or a pecuniary provision be made for her, in lieu of dower, jointure she shall make her election whether she will take such jointure or dower. pecuniary provision, or whether she will be endowed of the lands 5 Paige, of her husband, but she will not be entitled to both.

447; 6 Johns. Ch. R, 194; 36

Barb., 412; 16 Abb. N. C., 267; 37 Hun, 231; 104 N. Y., 418.

tween de

vise, &c.,

and dower.

[1 R. L., 58 and 59, §§ 8 and 9.] § 13. If lands be devised to a woman, or a pecuniary or other When beprovision be made for her by will, in lieu of her dower, she shall make her election whether she will take the lands so devised, or the provision so made, or whether she will be endowed of the lands of her husband.

Barb., 20; 5 Hill, 206; 3 Bradf., 195; 2 id., 77; 13 Barb., 106; 1 Tucker, 11; 9 Hun, Y., 278; 2 Redf., 48; 53 How. Pr. R., 400; 58 N. Y., 69; 9 J. & S., 543; 19 J. & S., 295; 29 Hun, 318; 37 Hun, 265; 39 Hun, 254,451; 94 N. Y., 605; 104 N. Y., 418, 125; 18 Abb. §14. When a woman shall be entitled to an election, under either of the two last sections, she shall be deemed to have elected to take such jointure, devise or pecuniary provision, unless within one year after the death of her husband she shall enter on the lands to be assigned to her for her dower, or commence proceedings for the recovery or assignment thereof.

9 N. Y511; 7 Cow., 288; Paige, 447; 5 Hiil, 206; 2 Denio, 430; 4 326; 64 N. 3 Dem.,620; N.C., 82; 45 Hun, 418. [742] When deemed to elected. 4 Iun, 757; Lans,384,

have

43 N. Y.,441;

376; 3 Dem., 620; 39 Hun, 254.

&c., for3 Bosw.,

15. Every jointure, devise and every pecuniary provision in lieu when of dower, shall be forfeited by the woman for whose benefit it shall jointure, be made, in the same cases in which she would forfeit her dower; feited. and upon such forfeiture, any estate so conveyed for jointure, and 695;1 Tuckevery pecuniary provision so made, shall immediately vest in the er, 11. person or his legal representatives, in whom they would have vested

TITLE 4.

Right to dower, &c., not

acts of husband, nor by judg.

on the determination of her interest therein, by the death of such

woman.

§ 16. No act, deed or conveyance, executed or performed by the husband, without the assent of his wife, evidenced by the acknowlaffected by edgment thereof, in the manner required by law to pass the estates of married women, and no judgment or decree confessed by or ments, &c., recovered against him, and no laches, default, covin or crime of against him. the husband, shall prejudice the right of his wife to her dower or jointure, or preclude her from the recovery thereof, if otherwise 3 Edw.,437; entitled thereto. 1 Edw.,

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4 Barb.,201;

349; 7 Barb., 388; 50 N. Y., 165; 37 N. Y., 227; 95 N. Y., 51; 103 N. Y., 153.

May remain in husband's house 40 days.

[1 R. L., 57 and 59, §§ 4 and 10.]

§ 17. A widow may tarry in the chief house of her husband, forty days after his death, whether her dower be sooner assigned to her or not, without being liable to any rent for the same, and in the mean time she shall have her reasonable sustenance out of the estate C., 218; 10 of her husband.

1 Sandf. s.

Wend., 419;

31 How.Pr. R., 499; 4 Robt., 702.

[743]

May be-
queath
crops.
1 T. & C.,

58.

[1 R. L., 57, § 1.]

[Sections 18 to 24 were repealed by L. 1880, ch. 245.]

§ 25. A widow may bequeath the crop in the ground of the land holden by her in dower.

[1 R. L., 368, § 17.]

[744]

Duration of certain agree

ments in

TITLE IV.

Of Estates for Years, and at will; and the Rights and Duties of Landlords and Tenants.

SEC. 1. Construction of certain agreements for use of lands, etc., in New York. 2. Effect of new lease, after surrender of former lease.

3. Attornments by tenants void, except in certain cases.

4, 5 & 6. [Repealed.]

7. Tenancy at will or by sufferance, may be terminated by notice.

8. How notice to be served.

9. Rights of landlord on expiration of notice.

10. Penalty on tenant for not yielding possession after giving notice.

11. Penalty on tenants, etc., for holding over after notice to quit.
12 to 17. [Repealed.]

18. Right to distrain for rents or services, declared.

19. Remedy by action for rent due on leases for life.

20. Rents dependent on life of another, how recovered after his death.

21. Remedy of executors, etc., for arrears of rent.

22. Rights of executors, etc, of tenant for life having rent due.

23. Rights of grantors, assignees, etc., of lessor of demised lands.

24. Rights of lessors and their assignees, etc.

25. Two last sections to extend to leases in fee, for life or for years.

26. When landlord may recover for use and occupation.

27. Penalty on tenant for not delivering process, notices, etc., served on him.

SECTION 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 TITLE 4. day of May next after the possession under such agreement shall New York. commence, and the rent under such agreement shall be payable at 5 Robt.,261; the usual quarter days for the payment of rent in the said city, un- 2 Sweeny, less otherwise expressed in the agreement..

7 Robt.,415;

70; 21 Wend.,338; 5 Duer, 559;

4 E. D. Smith, 176; 2 E. D. Smith, 105; 8 How. Pr. R., 141; 4 Abb. Pr. R., N. S., 144; 5 Hun, 128; 17 Hun,319. [L. 1820, 178, § 4.]

after sur

former

§ 2. If any lease be surrendered in order to be renewed, and a Effect of new lease be made by the chief landlord, such new lease shall be new lease good and valid to all intents and purposes, without a surrender of render of all or any of the under leases derived out of such original lease so lease. 14 N. Y., 22. 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 duties reserved in the original lease so surrendered. [1 R. L., 442, §§ 26 and 28.]

ments by

§ 3. The attornment of a tenant to a stranger shall be absolutely Attorn void, and shall not in any wise affect the possession of his landlord, unless it be made,

tenants.

5 N. Y.,404; 25 Barb., 249; 19

How. Pr.

1. With the consent of the landlord: or, 2. Pursuant to, or in consequence of, a judgment at law, or the R., 293; 40 order or decree of a court of equity: or,

N. Y., 109; 37 Hun, 626.

3. To a mortgagee after the mortgage has become forfeited.

[The same.]

[Sections 4 to 6 repealed by L. 1880, ch. 245.]

[745]

at will,etc., by notice.

§ 7. Wherever there is a tenancy at will, or by sufferance created, Tenancy by the tenant's holding over his term, or otherwise, the same may terminated be terminated by the landlord's giving one month's notice in writing to the tenant, requiring him to remove therefrom.

14 N. Y., 64; 14 Barb., 255; 12 Barb., 484; 3 Barb., 579; 7 Cow., 747; 4 Denio, 187; 19
How. Pr. R., 31; 11 Wend., 616; 5 Duer, 559; 31 N. Y., 454; 51 N. Y., 54, 648; 43 N.
Y., 450; 2 Sweeny, 70; 14 Abb., N. S., 130; 60 N. Y., 102; 4 Hun, 451; 4 Hun, 151; 70
N. Y., 180; 60 N. Y., 102; 6 Daly, 506; 15 Hun, 475; 5 Hun, 28.

[L. 1820, 177, proviso to § 1.]

served.

620; 4 Denio, 187.

§ 8. Such notice shall be served by delivering the same to such How tenant, or to some person of proper age residing on the premises; il Wend., 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.

§ 9. At the expiration of one month from the service of such notice, 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.

[The same.]

Rights of 14 Barb., Barb., 484;

landlord.

253; 12

4 Denio, 187; 31 N. Y., 456; 1 Lans., 239.

tenant for

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 not yieldthe possession thereof, at the time in such notice specified, such ing posses

sion after giving notice.

TITLE 4. tenant, his executors 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.

Penalty on

tenants, etc., for holding

Over after
notice to

quit.
81 N. Y.

454; 51 N.
Y., 539, 541.

[746]

[1 R. L., 440, § 22.]

§ 11. If any tenant, for life or years, or if any other person who have come into the possession of any lands or tenements, under may or by collusion with such tenant, shall wilfully hold over any lands or tenements after the termination of such term, and after demand 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 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 remunerat all special damages whatever, to which the person so kept out of possession may be subjected by reason of such holding over; and there shall be no relief in No relief in equity against any recovery had at law under this section. [1 R. L., 440, § 21, and L. 1820, 179, § 8.]

equity.

[747]

[Section 12-17 were repealed by L. 1846, ch. 274.]

§ 18. When any certain services or certain rent reserved out of any lands or tenements, shall not be paid or rendered when due, the 2 N. Y.,152; person entitled thereto, may distrain for the same.

Right to distrain.

2 Hill, 649; 8 Paige,217.

Remedy on leases for

life.

13 N. Y., 303; 2 N.

Y., 183; 32 Barb., 451; 1 Barb.,

Rents dependent on

other.

[This section has been practically obsolete since L. 1846, ch. 274, which abolished distress for rent.]

§ 19. Any person having any rent due upon any lease for life or lives, may have the same remedy to recover such arrears, by action of debt, as if such lease were for years.

27 Barb., 110, 21 Barb., 648; 18 Barb., 158; 9 Barb., 302; 8 Barb., 502; 2 Barb., 319;
377; 4 Denio, 374; 3 Denio, 274.

[1 R. L., 438, §§ 16, 18, 19, 20 and 27.]

§ 20. Every person entitled to any rents dependent upon the life life of an of any other, may, notwithstanding the death of such other person, have 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.

Remedy of
executors,
&c., for

arrears of
rent.
20 Barb.,
274; 5 Cow.,
502.

Executors,

[See note to section 18, ante.]

§ 21. The executors or administrators of every person to whom any rent shall have been due and unpaid at the time of his death, may 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.

[The same.]

§ 22. When a tenant for life, who shall have demised any lands, &c., of te shall die on or after the day when any rent became due and payable,

nant for

life.

3 Bradf.,

359.

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 TITLE 4. before his death.

grantees,

sor of

lands.

§ 23. The grantees of any demised lands, tenements, rents or Rights of other hereditaments, or of the reversion thereof, the assignees of the assignees, lessor of any demise, and the heirs and personal representatives of &c., of les. the lessor, grantee or assignee, shall have the same remedies by demised entry, action, distress or otherwise, for the non-performance of any 1 Abb. Pr. 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.

R. N. S.,

106; 2 Daly, Y., '82; 12 NY, 296;

301; 19 N.

14 N. Y., 22;
6 N. Y, 491;
32 Barb.,
6; 46 Barb.,
17 Hun, 319.

lessees and

signees,&c.

458; 27 Barb., 173; 12 Barb., 462; 2 Hill, 276, 475; 5 Denio, 127; 13 Wend., 609; 2 Hilt., 440; 63 Barb., 279; 41 N. Y., 224; 1 Robt., 466; 7 id., 120; 1 Edm. Select Cases, 205; [1 R. L., 363.] § 24. The lessees of any lands, their assigns or personal repre- Rights of sentatives, shall have the same remedy by action or otherwise against their asthe lessor, his grantees, assignees, or his or their representatives, for 7 Robt, the breach of any covenant or agreement in such lease contained, as Bosw, 163, such lessee might have had against his immediate lessor, except 30127 12 N. Y., covenants against incumbrances, or relating to the title or possession Barb, 173; of the premises demised. [The same.]

120; 10

12 Barb.,
462; 4
Sandf.S.C.,
516; 46
Barb., 440.
[748]

Applica

§ 25. The provisions of the last two sections shall extend as well to grants or leases in fee, reserving rents, as to leases for life and for tion of two years.

last sections.

When

cover for

cupation.

19 N. Y., 100; 32 Barb., 458; 27 Barb., 173; 12 Barb., 462; 46 Barb., 440. [The same. Repealed as to future conveyances; see L. 1860, ch. 396, post.] 26. Any landlord may recover in an action on the case, a landlords reasonable satisfaction for the use and occupation of any lands or may re tenements, by any person under any agreement not made by deed: use and ocand if any parol demise or other agreement, not being by deed, by 60 Barb.,, which a certain rent is reserved, shall appear in evidence on the of any such action, the plaintiff shall not on that account be barred from a recovery, but may make use thereof as evidence the amount of the damages to be recovered.

trial

477; 4 Abb.

Pr.R. N. S.,

Robt., 415;

de- 14467, of 15 N. Y.,

194; 7 Hill, 88; 1 Hilt., 55, 155; 6 Johns. R., 46; 1 Denio, 37; 1 Wend., 134; 7 Wend., 109; R., 240, 297, 489; 2 Sweeny, 395; 1 Hun, 154; 5 N. Y S. C. R. (T. [1 R. L., 444, § 31.]

328; 25
Barb., 249;
7 Barb.,
13 Johns.
& C.), 665.

tenant for

ing, &c.,

§ 27. Every tenant to whom a declaration in ejectment, or any Penalty on other process, proceeding or notice of any proceeding, to recover not deliverthe land occupied by him, or the possession thereof, shall be served, in shall forthwith give notice thereof to his landlord, under the penalty served on of forfeiting the value of three years rent of the premises so occu- 4 Abb. Ct. pied by him, which may be sued for and recovered by the landlord 3076 or person of whom such tenant holds.

[1 R. L., 443, § 29.]

him.

App. Dec.,

Bosw., 493.

L. 1860, Chap. 345- An act in relation to the rights and liabilities of owners and lessors, and of lessees and occupants of buildings. Tenants need not pay rent in certain cases. SECTION 1. The lessees or occupants of any building which shall, without any fault or neglect on their part, be destroyed, or be so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the

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