even by the contract of the owner or consignee. And like every other kind of notice, the party required to give it may be excused from doing so. Thus, where the consignee of the goods had within sixteen days prior to their arrival, taken up her abode about four miles distant from the place of destination, prior to which time she had resided in another state, and no notice was given to the railroad company or any of its officers of her place of residence, which, upon reasonable inquiry, they were unable to ascertain, the property being destroyed by fire while in the company's warehouse, after a reasonable time for its removal, it was held that the company was only liable as warehousemen, and the loss being through no fault of theirs, they were discharged from all responsibility.' So the carrier has been excused from giving notice to such consignee when he resided at a considerable distance from the place of destination, and no one was present when the goods arrived to receive them or take notice of their arrival.2 8577. Reasonable time for Removal.-What has been said with reference to "reasonable time," suggests the question-What time would be considered reasonable, in order to allow of the removal of property from the possession of the carrier at the place of delivery? This is a question of fact which can receive no definite answer here, because there is no rule of law governing it, more certain than that it will depend upon the circumstances and the business customs of the place of delivery. But it is not to be understood that the time allowed to a consignee or owner, after notice, to claim the goods, may be materially enlarged or extended by circumstances affecting him in a manner peculiar and distinct from that in which other residents. of the place are affected. Neither the special emergencies of his own private business, nor any misfortune which might befall him in particular, by which he would be prevented from responding to the notice as promptly as might be reasonably 1 Pelton v. Rensselaer & Saratoga R. R. Co., 54 N. Y., 214; The Mary Washington, Chace, Dec., 125. 2 Northrop v. Syracuse B. & N. Y. R. R. Co., 3 Abb. App. Dec. (N. Y.), 386; Fenner v. Buffalo & State Line R. R. Co., 44 N. Y., 505. expected from other residents of the vicinity, could be urged as an excuse for his delay, so as to affect the question of the reasonableness of the time of notice. Nor could the distance of his residence or place of business from the station, dock or wharf, where freight is discharged, make any material difference in this respect. The time in general regarded as reasonable would be such as might in reason and justice be deemed sufficient for any resident of the vicinity, to come for the goods with the usual appliances for cartage or drayage, to be had under ordinary circumstances. To enter into a nice computation of the exact distance between the owner's or consignee's residence and the station or wharf where the goods are to be delivered, in every instance, and to inquire narrowly into the time required to travel over such distance, could result in nothing but confusion. The vague generality of the rule can only be reduced to certainty and uniformity, by a line of decisions, such as have sufficed under the law merchant, to settle definitely the period within which notice of the dishonor of commercial paper must be given.3 1 Moses v. B. & M. R. R., 32 N. H., 532, 541. ? Ibid. 3 See Ch. VI., Pt. III. III. LANDLORD AND TENANT. § 578. Notice to Quit-Reciprocal Right. 579. Division of Subject. 580. Statutory Provisions. 581. Nature of Tenancy Requiring Notice. 582. From Year to Year. 583. Growing out of Possession under Contract. 584. Occupancy with Owner's Consent. 585. Holding over Term. 586. Lease Void under Statute of Frauds. 587. Implied Agreement Sufficient. 588. When Payment of Rent not Essential. 589. Possession by Mortgagor after Forfeiture. 590. General Tenancy at Will. 591. Termination of Strict Tenancy at Will. 592. Mere Occupant not Entitled to Notice. 593. Contract to Purchase after Original Trespass will not Entitle to Notice. 594. Trespasser Negotiating for Lease not Entitled to Notice. 595. Bailiff or Servant of Owner not Entitled to Notice. 596. Tenancy not Created by Holding over Term. 597. Tenant for Life of Another not Entitled to Notice. 598. Contesting Landlord's Title not Entitled to Notice. 599. Grantee of Mortgagor not Entitled to Notice. 600. Tenancy at Will or by Sufferance. 601. Payment of Rent without Tenancy. 602. Owner of Premises may Elect. 603. Holding over Under Agreement for New Lease. 604. Proof of Tenancy from Year to Year. 605. Burthens and Benefits equally Divided. 606. Increase of Rate. 607. Time of Notice. 608. Time Regulated by Statute. 609. Notice must Expire at Commencement of New Term. 610. Tenancy by the Quarter. 611. Tenant from Month to Month. 612. Principal and Accessorial Subject of Demise. 613. The Different Kinds of Uncertain Tenancies. 614. Circumstances by which it may be Determined. 616. Joint Lessees or Lessors. 618. One Giving Notice as Agent of Co-Tenant. 619. Agent must have Authority at the Time. 620. Agency must Extend to the Duty Undertaken. 621. When Authority Inferred. 622. Notice by Corporation. 623. By Receiver. 624. When by Tenant. 625. When by Landlord. 626. To Whom Given. 627. Joint Tenants-Tenants in Common-Partners. 628. Notice to Corporation. 629. Form and Sufficiency. 630. Address of Written Notice. 631. What Notice to Contain. 632. Statement of Cause Required. 633. Time Mentioned in General Terms. 634. Tenant from Week to Week. 635. Must not Demand Possession "Forthwith." 636. Undue Strictness not Required. 637. Description. 638. Substantial Accuracy Alone Required. 639. Illustration of Foregoing. 640. Service of Notice, 641. May be Waived. 642. Voluntary Surrender. 643. Parol Surrender and Acceptance 644. Offering to Let not Waiver. 645. Parol Surrender must go into Immediate Effect. 646. Verbal License to Surrender Tenancy from Year to Year Inopera tive. 647. Defects in Notice may be Waived. 648. Waiver of Rights under Notice. 649. Will not be Presumed from Acceptance of Rent by Unauthorized Person. 650. Mere Permission to Remain after Notice - No Waiver. § 578. Notice to Quit-Reciprocal Right. One of the most familiar modes by which the relation may be severed is by a notice from intention to terminate the tenancy. of landlord and tenant one to the other, of an This is what is known as a notice to quit; and where the circumstances and relations of the parties render such notice necessary, it becomes a reciprocal right, or the correlative duty of either party, as he may desire to perpetuate the relation, or seek to terminate it. Neither the landlord nor the tenant can be summarily deprived of his rights under the tenancy without due notice.1 $579. Division of Subject. The order in which the several branches of the subject will be here presented is as follows: 1. What cases of tenancy render such notice necessary in order to terminate them, and what kinds of tenancy may be terminated without notice. 2. The time of giving notice to quit. 3. By whom given. 4. To whom given. 5. Its form and sufficiency. 6. The manner and mode of service. and excuse. 7. Waiver § 580. Statutory Provisions. The character of the tenancy entitling either the landlord or the tenant to insist upon the continuance of the relation, until terminated by notice from the other party, is, to a very great extent, affected by local legislation. It is not intended here to follow closely the capricious changes and modifications of the common law, for the purpose of showing with particularity the kinds of tenancy requiring notice in each state. It will be sufficient to point out the common law rule, and its application to particular cases, and to set out the principles of a general nature applicable alike to tenancies at common law and under local statutes. 8581. Nature of Tenancy Requiring Notice. The cases in which notice is required can be included in no general description better than what would be understood by tenancies of uncertain duration. The most common example being a tenancy from year to year, to be renewed or terminated at the option of either party, with the end of any year. The reason given for the rule requiring notice in order to terminate such a tenancy, is that it would be contrary to the contract to turn the tenant out in the middle of the year, and so, if he be 'Hallo. Wadsworth, 28 Vt., 410; Barlow v. Wainright, 22 Vt., 88. |