Election, etc. CHAPTER LII. JUSTICES OF THE PEACE. IN the United States, justices of the peace, in addition to their common-law powers as conservators of the peace, generally have jurisdiction in civil cases. Their civil jurisdiction is different in the different States, but is usually limited to actions for the recovery of debts not exceeding a certain amount, or of damages for injuries to property, and to suits on promises, express or implied, or for trespasses, where the title to real estate does not come in question. The forms for various special statutory proceedings of which they have jurisdiction, are contained in the chapters relating to the various subjects. 998. Certificate of election..... 994. Supervisor's notice of drawing. 995. Certificate of the drawing 993. Certificate of the Election of a Justice of the Peace.* I, M. N., clerk of the annual town meeting, held in the town of PAGE 499 499 499 18 hereby certify that the following persons were chosen justices of the peace for said town, at such town meeting-viz.: of M. N., clerk of the annual town meeting in the town of 994. Supervisor's Notice of Drawing. PLEASE take notice, that I will meet the justices elected for the town and the town clerk of said town, at the house of town, on the day of in said noon, to deter O. P., Supervisor of the Town of mine by lot the classes of such justices. [Date.] COUNTY OF Town of 995. Certificate of the Drawing. ?} 88. WE, M. N. and O. P., the supervisor and town clerk of the said town in said town, a drawing was had in our presence, according to Landlord and Tenant. statute, to determine by lot the respective classes of A. B., C. D. [etc., etc.], elected justices of the peace for said town, at a general [or, special] election held therein, on the last past; and that the following is day of the result of such drawing: A. B. drew for the term of four years; C. D. drew for the term of three years [etc.] [Date.] [Signatures and titles.] CHAPTER LIII. LANDLORD AND TENANT. The contract.-The appropriate instrument for creating and defining the. relation of landlord and tenant is a LEASE, and matters concerning the contract are treated in the subsequent chapter under that title. It is not essential, however, that a contract of hiring real estate be reduced to writing if it do not exceed the term of one year. The agreement is not only often verbal, but is sometimes not even express, but implied from the circumstances under which the tenant has possession of the landlord's property. Notice to quit.-Where a tenant, with consent of the landlord, enters into possession, without any express bargain, he is a tenant at will. A tenancy at will may be determined by the will of either party, but only after reasonable notice given by the party intending to terminate the tenancy. The rule is not uniform in the various States, as to what this notice should be. In some instances, a notice of six months may still be necessary, as it is in England. One of three months is more generally sufficient; and in some States the notice must be at least equal to the interval between the periods of payment of rent. In the absence of a statute rule, the general custom is that, the notice should cover the whole of one of the regular intervals between payments. Thus if the rent is paid quarterly, so that three months' notice would be sufficient, the notice, even if given in the middle of a quarter, does not expire till the end of the following quarter. The statutes of some of the States (among others New York) makes one month's notice sufficient. Where the tenancy is under a lease having a definite termination, or where it is a tenancy from year to year, a notice to quit is not necessary to enable the landlord to take summary proceedings under the statute. No particular form of notice is necessary; but there must be reasonable certainty in the description of the parties, of the premises, of the purpose, and of the time. I. NOTICES. 996. Notice to terminate a lease... PAGE 501 501 501 502 997. Notice to quit, by landlord, to tenant from year to year. II. PROCEEDINGS' TO DISPOSSESS. 1001. Affidavit by landlord to obtain possession of deserted premises..... 502 1002. Notice to tenant who has deserted premises.... 503 1006. Affidavit to remove tenant for non-payment of rent. 504 504 1008. Affidavit of service..... 1009. Warrant to dispossess tenant, who holds over after expiration of lease..... 504 .... 505 1010. Warrant to dispossess tenant at will or at sufferance after notice... 505 1011. Warrant to dispossess, on default in rent. 506 1015. Warrant to dispossess, after verdict against the tenant 507 I HEREBY give you notice, that in pursuance of the power for this purpose given to me by the indenture of lease, dated the made between you, of the one part, and me, of the other part, it is my intention to determine the lease thereby made, on the and I shall therefore quit and deliver up possession to you [or, require you to quit and deliver up possession to me] of the messuage [etc., here briefly describe the premises]. [Signature.] day of and day of next, [Date.] [Address.] day of 997. Notice to Quti by a Landlord to a Tenant from Year to Year. I HEREBY give you notice to quit and deliver up, on the next [if the current year of your tenancy expires on that day, or otherwise on the day on which the current year of your tenancy will expire, next after the end of half a year [or, of a quarter year; or, of a month] from the time of your being served with this notice], (a) the possession of the messuage [etc., here briefly describe the property] which you now hold of me as a yearly tenant. [Signature of landlord.] of [Date.] [Address to tenant.] 998. Notice to Quit, by Tenant from Year to Year, to Landlord. I HEREBY give you notice, that I shall quit and deliver up, on the day next [if the current year of my tenancy expires on that day, or (a) The words in brackets will be inserted wherever there is any doubt as to the day on which the tenancy commenced. Notices to Quit. Dispossessing Tenants. otherwise on the day on which the current year of my tenancy will expire next after the end of half a year [or, a quarter year; or, of a month], from the time of your being served with this notice], (b) the possession of the messuage [etc., here briefly describe the property] which I now hold of you as a yearly tenant. [Signature of the tenant.] [Date.] [Address to the landlord.] 999. Notice to Tenant to Quit in One Month, Under the Statute. PLEASE TAKE NOTICE, that you are hereby required to surrender and deliver up possession of the [here briefly describe premises], and to remove therefrom, on the day of next, pursuant to the provisions of the statute relating to the rights and duties of landlord and tenant. [Date.] [Signature of landlord.] [Address to tenant.] 1000. Notice to Tenant to Quit in Fifteen Days.(c) PLEASE TAKE NOTICE, that you are hereby required to surrender and deliver up possession of the [here briefly describe the premises], and that I intend to re-enter and take possession of the said premises, on the day of next (which is at least fifteen full days from the service of this notice), pursuant to the provisions of an act, entitled "An Act to abolish distress for rent, and for other purposes," passed May 13, 1846. [Date.] [Signature of landlord.] II. PROCEEDINGS TO DISPOSSESS. (d) 1001. Affidavit by Landlord to Obtain Possession of Deserted Premises. COUNTY OF A. B., of 88. being duly sworn, says, that he demised to Y. Z., of the premises lately occupied by the said Y. Z., on in the village of day of street, from the dollars, payable quarter in said county, for the term of 18 at the yearly rent of yearly; that the said Y. Z. entered into the possession of the said premises, as tenant thereof, by virtue of the said demise,* and is now indebted to your petitioner in the sum of premises, due the day of same, leaving the said rent in arrear, cultivated. SWORN [etc., as in Form 858]. (b) See preceding note. (c) This is allowed by the New York Statute since the abolition of distress for rent, in case of default in payment of rent on a lease in which a right of re-entry rent of the said 18; and that he has deserted the and the premises unoccupied and un[Signature.] is reserved in default of sufficient goods whereon to distrain. (d) These proceedings to obtain possession are regulated, in New York, by 2 Rev. Stat., 512. Proceedings to Dispossess. 1002. Notice to Tenant Who Has Deserted the Demised Premises. PLEASE TAKE NOTICE, that, at the request of A. B., your landlord, and upon due proof made to me that he had demised to you the premises upon which this notice is affixed, and that you were in arrear for one quarter's rent, amounting to dollars, and that you had deserted the premises, leaving such rent in arrear, and had left them unoccupied and uncultivated; I have viewed the said premises, and am satisfied, upon such view, that the same have been so deserted: therefore, you are hereby required to appear, on the day of 18, at o'clock in the the place where this notice is affixed, and pay the rent due, or the landlord will be put in possession of the premises. [Date.] noon, at [Signature of] Justice of the Peace. [Address to tenant.] 1003. Notice to Deliver Possession on Default in Rent. TAKE NOTICE, that you are justly indebted unto me in the sum of dollars for rent of [here briefly describe the premises], from the day of which you are required to pay on or before the expiration of three days from the day of the service of this notice, or surrender up the possession of the said premises to me, in default of which I shall proceed under the statute to recover the possession thereof. [Date.] [Address to tenant.] [Signature of landlord.] A. B., of day of in said county, being duly sworn, says, that since in the year 18 Y. Z., of the has held and occupied the [here designate the premises definitely], as the tenant of this deponent, and at his will, and without any certain time agreed on for the termination of said tenancy. And this deponent caused a notice in writing to be served on the said Y. Z., in due form of law, on the day of last, requiring him to remove from said premises within one from the day of service thereof. That the said time has expired, and that the said Y. Z. or his assigns, hold over and continue in possession of the said premises after the expiration of said time, without the permission of this deponent. [Signature.] SWORN [etc., as in Form 858]. 1005. Affidavit of Holding Over After Expiration of Term. [As in Form 1001 to the *, concluding thus:] which said term has expired, and that he or his assigns hold over and continue in possession of the said premises without the permission of this deponent. SWORN [etc]. [Signature.] |