place of such meeting, and if any person so summoned to attend as a juror shall neglect or refuse to attend at the time and place designated in such summons, the person or persons so neglecting or refusing to attend shall be liable, unless a sufficient excuse be established, to pay a fine of five dollars, which shall be sued for and recovered by the overseer of the poor of said town, and such fine shall be applied by them to the support of the poor thereof. If nine or more of the persons, who shall have been so drawn, not interested in the lands through which the road is to pass, nor of kin to the owners thereof, shall appear at the time and place specified in the summons, they shall then be sworn by the justice of the peace who issued such summons well and truly to certify as to the necessity of the highway applied for, and if such justice of the peace shall refuse or neglect to attend at the time and place mentioned in said summons such oath may be administered to such persons by any other justice of the peace or notary public of the county, and the justice of the peace or notary public swearing such jury shall receive therefor from such applicant the sum of two dollars; such jury shall then personally examine the route of such highway, and shall hear any reasons that may be offered for or against such proposed route or alteration. If nine or more of the number thereof shall be of opinion that such highway or alteration of a highway is necessary and proper, they shall make and subscribe a certificate in writing to that effect, which shall be delivered to the commissioner or commissioners of highways of the town. But if such number shall not certify that such road or alteration is necessary, then no application for such road or alteration shall be made again in three months. Every juror shall be entitled to receive for his services as such juror the sum of one dollar and fifty cents, to be paid by such applicant, and the constable who may summon such jury shall receive therefor, from such applicant therefor, ten cents for summoning each juror summoned, and ten cents a mile actually and necessarily traveled in summoning such jury in going from and returning to his place of residence therefor. If nine or more of such jurors shall make a certificate that such highway or alteration is necessary and proper, then the costs of such proceeding as hereinbefore provided shall be a charge against such town in favor of such applicant. And it shall be the duty of the commissioner or commissioners of such town to immediately file the certificate so made in the office of the clerk of the town where the proceedings are had, and within thirty days from the date of such certificate the commissioner or commissioners of such town must proceed to lay out or alter such highway as determined by such certificate, in the manner provided by article four of chapter sixteen of the first part of the Revised Statutes. § 2. This act shall not affect any proceedings heretofore taken in relation to the laying out of any highway instituted under said chapter, nor any proceeding of appeal thereon. 3. This act shall take effect immediately. Tenancy at will, etc.. termi nated by notice. How served. Rights of landlord. Penalty on tenant for ing possession after giving notice. Proceedings relating to landlord and tenant. § 7. Wherever there is a tenancy at will, or by sufferance created, by the tenant's holding over his term, or otherwise, the same may 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 B., 255; 12 B. 484; 3 B., 579; 7 Cow., 747; 4 D., 187; 19 How. P. R., 31; 11 W., 616; 5 Du., 559; 31 N. Y., 454.] § 8. Such notice shall be served by delivering the same to such tenant, or to some person of proper age residing on the premises; or if the tenant cannot 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. [11 W., 620; 4 D, 187.] § 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. [14 B., 253; 12 B., 484; 4 D., 187.] § 10. If any tenant shall give notice of his intention to quit the not yield premises by him holden, and shall not accordingly deliver up the possession thereof, at the time in such notice specified, such 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. tenants, holding over after quit. § 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 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 made and one month's notice, in writing, given in the manner hereinbefore 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 remunerate 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 No relief in equity against any recovery had at law under this section. [31 N. Y., 454.] in equity. Remedy on leases for life. pendent on life of 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. $20. Every person entitled to any rents dependent upon the life of Rents de any other, may, notwithstanding the death of such other person, another. 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. executors, arrears of rent. § 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, etc., for 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. [20 B., 274; 5 Cow., 502.] etc., of § 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, tenant for 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 * Distress for rent abolished, L. 1846, ch. 274, § 1, p. 445, post. Rights of grantees, assignees, etc., of lessor of demised lands. Rights of lessees and their become due, they may recover the proportion of rent which accrued before his death. [35 Barb., 295; 21 N. Y.. 280.] § 23. The grantees of any demised lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignees of the lessor of any demise, and the heirs and personal representatives of the lessor, 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. [19 N. Y., 82; 12 N. Y., 296; 14 N. Y., 22; 6 N. Y., 491; 32 B., 458; 27 B., 173; 12 B.. 462; 2 H., 276, 475; 5 D., 127; 13 W., 609; 2 Hilt., 6; 46 B., 440; 41 N. Y., 219.] § 24. The lessees of any lands, their assigns or personal represenassignees, tatives, shall have the same remedy by action or otherwise against the lessor, his grantees, assignees, or his or their representatives, for etc. Application of two last sections. When landlord may recover for use and оссираtion. he 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. [12 N. Y., 301; 27 B., 173; 12 B., 462; 4 S. S. C., 516; 46 B., 440.] 25. The provisions of the two last sections shall extend as well to grants or leases in fee, reserving rents, as to leases for life and for years. [Does not apply to deeds of conveyance in fee, made before April 9, 1805, or after April 14, 1860; L. 1860, ch. 396 (4 Edm., 432). 19 N. Y., 100; 32 B., 458; 27 B., 173; 12 B., 462; 46 B., 440.] § 26. Any landlord may recover in an action on the case, a reasonable satisfaction for the use and occupation of lands or teneany ments, by any person under any agreement not made by deed; and if any parol demise or other agreement, not being by deed, by which a certain rent is reserved, shall appear in evidence on the trial of any such action, the plaintiff shall not on that account be debarred from a recovery but may make use thereof as evidence of the amount of the damages to be recovered. [15 N. Y., 328; 25 B., 249; 7 B., 194; 7 H., 88; 1 Hilt., 55, 155; 6 J. R., 46; 1 D., 37; 1 W., 134; 7 W., 109; 13 J. R., 240, 297, 489.] not deliv notice served on him. § 27. Every tenant to whom a declaration in ejectment, or any Penanty or other process, proceeding or notice of any proceeding, to recover the ering, etc., land occupied by him, or the possession thereof, shall be served, shall forthwith give notice thereof to his landlord, under the penalty of forfeiting the value of three years' rent of the premises so occupied by him, which may be sued for and recovered by the landlord or person of whom such tenant holds. [The preceding sections, 7-27, are 1 R. S., 745-748 (1 Edm., 696-699). Section 27 is probably superseded by § 2241 of the Code of Civil Procedure. See p. 332, ante.] CHAP. 274. AN ACT to abolish distress for rent, and for other pur The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Distress for rent is hereby abolished. [14 N. Y., 28.] Abolished. Revised 2. The twelfth, thirteenth, fourteenth, fifteenth, sixteenth and Repeal of seventeenth sections of the fourth title of the first chapter of the Statutes. second part of the Revised Statutes are hereby repealed. [26 B., 440.] when and how to be made. § 3. Whenever the right of re-entry is reserved and given to a Re-entry, grantor or lessor in any grant or lease in default of a sufficiency of goods and chattels whereon to distrain for the satisfaction of any rent due, such re-entry may be made at any time after default in the payment of such rent, provided fifteen days' previous notice of such intention to re-enter, in writing, be given by such grantor or lessor, or his heirs or assigns, to the grantee or lessee, his heirs, executors, administrators or assigns, notwithstanding there may be a sufficiency of goods and chattels on the lands granted or demised for the satisfaction thereof. The said notice may be served personally on such grantee or lessee, or by leaving it at his dwelling house on the premises. [13 N. Y., 303; 2 N. Y., 183; 32 B., 451; 27 B., 110; 21 B., 648; 18 B., 158; 9 B., 302; 8 B., 502; 2 B., 319; 1 B., 377; 4 D., 374; 3 D., 274; 65 N. Y., 411.] This act is repealed by L. 1880, ch 245, post; but distress for rent is not revived thereby. See id., § 3, subd. 10, p, 514. |