New-York daily tribune., 1845-11-01
ron, Al. and NJ ,n,,icen, goods distrainablc on

the land was 10 be found TO pay the rent :; r.
But this net only gave the right OF c]ectinent ~ Is I
nJ nrJ ala no, ~ snd to the Colonies, and never mas
hccn rcSnact,d in the S.ac of New-York except oy ne
Revised Statutes, which gives tne nIv VI
, scr,;rc was the only kind OF rent orig'nahy
known 70 tho COME, law, and i, was Tor iais service
,,,, TIM, the relation of landlord anu tenant e"S.eu'
It of distress inseparabe lhciocht ~ as ohs do
:, wss pnyalc t. the lord who was entitled TO cay
!, WIS cd rent service because II was gwen as
compensation for tho m itary ana otnel services 10
bich the land wns liable. All other rights 10 the pay
won't of money for nc and enjoyment or the sale OF
lands arc mere anuities and though tncy may be De,
.ccndi5e the heirs OF the grantee oil the annuity ana
then are rightly sred hcredltanents YET ley are noi
rents and therefore are included IN the English Sta
uto DE Dons and they may be disposed oi by VIII Us
personal estate W ndel-fhe People vs. Nassins.-
ia Potcrsdortf Abt. 23I, Note |.
Thus where rent WAS granted out of lands by decd,
the grantee had Law power 10 distran Tor
the rent bcca there fexy or scrvces annexed
10 such grant This right OF distress mas been gTc III
England by tao statute of George I'd chap. 25 which
Statute never been enacted in the State OF or
Cornell vs.. Lamb. Cowcns Reps.-7 Weadeis l'sps'
The People vs. Usikns
When a rent or snuuty is given or reserved per-
pe,ual lcase IL IS only rent charge ana no' rem
sistrainable and when the rent Is rcserVeu io
conveyance OF ih land in fee simple Win power oi
d;sress and entry given in the deed for the nonpay-
nen of rent rniscalled 1t is only rent chafee
and not r6Rt se7-rscc.
Acr The massage OF the English statute, qua Emptores
in rho year no services could be reserved to the
ranor but to the chief lord the land and the gantor
barring with his lee is by the operation o the statute
without reycrsion and without reyersion there can
mo, be rent service and without rent service there
can not be demise; and without demise there couio
not be n distress IA Common Law.
Hence the right of distress exists IN the STATE OF
New York on in OF leases for term or for years
perpetual ease carries the fee and vests II IN the
tenant and is nc. demise OF lands.
ai. Rents properly those rents or annuites which
are payabe by feehoders and ancient copy holders OF
ranors aud dis,raina5e. By the payment OF those
rents or annues the euet was discharged OF all obi
cations the lessor or gantor ana no SERVICES were
ever incident this kind OF tenure at tue common law
No fealty was due services were due by the gran
tee to the granor hence quit rent was not rent ser
vice and the rgI Of disess at common law dd not eS
ist for such renlz
Nor does i, ex st in lhe State Of New.York when the
tenant takes eehold interest in his grant, which ne
does under pt tetual lease
Neither for rent of assize colectable by ac
ton alone for quit rent nor for rent charge nor
where lands charged with distress by force OF
the deed nor ol ee farm rent could person disrain
by the common law oil England aud the relation o and
lord and tenant did not exist between the tenant and
qrantor The Statute OF George ID Chap 2c hrst gave
right Of dsres: this class Of persons who properly
are called annultants but not landlords This Statute has
not been enacted III the state oi Ne"'lorR. NeHueH
The People vs. Hoskins.
Therefore right OF distress does not exist IN THIS
State and the relation Of landlord and tenant does not
exist.
Certainly not on contracts in existence before the pas
sage of the Revised Statutes in 1929.
When an express power OF distress is given in grants
Of freehold ii rent charge because the lands arc
charged with distress; but this Is not common law
distress and the relation Of landlord and tenant does not
exist in case of rent charge. IL Pctersdort Aht
T. 239 title Rents note.
The right distress for rent i'll England by the
law is orero,e antiquity but it never existed there ex
ccpt when the stood in the relation o! vassa
10 his Lord
The power of distress used in its inception to pat
the vass or tenant under the control of the lord to ena
Bile the lord bring the vassal into the field to do military
service attend his court and to attend as servants In
his mansion.
This method of proceeding TO empower the lord
10 seize the goods and chattc Of The tenant and thus
obIige him 10 perform feudal services.
To perform eudal services the tenants goods were TO
remain in the Lords hands pledges without right OF
gale and the detention 10 longer lawful than while
the refused to do the services which were re-
served by the feudai compact. Gilbert Distress, -
Brady Distress >.
To enable the party to distrain at law there
must be an actual demise for specific term of time
or for wears and when party into land I'M
der an agreement for lease in contemplation OF the
execution Of future lease at specific rent; the
right OF distress does not exist at Common Law because
personal relation exists between the tenant and owner
of the land and his only remedy by an action for use
and occupation in which the amount of the rent will be
question 70: the Jury B. & A. 322, Dark VS.. Hunter
rescous, connected with tue law OF distress, oc
ours when the ether person takes away by
force chattcl distraincd from the party distraining
Where distress is taken without cause or where rent
Is due the may lawfully before the distress
mpoundcd make if the owner tender the rent
before the distress be taken
But after the dsress is regularly imrounded the
break the pound TO berae the chatte for
iii then in The custody Of the law and the pound keep
Is compelled receive every thing that is offered to
his custody and is not "pswerabc whehcrthe mpound-
ing be legal or not
l Term Reps. 81.
II Peiersdortf Abt 309 title Rcscous.
So in Coke Littleon section 2l7 tits declared that
man. by iced iadeted grants land In fee TAIL the re-
maindcr in fee, makes lease for life, the re-
mainder in ee and by tie same ddenture reserves
to himself and h ers certain rent and that the rent
be behind shall he lawful for him and his heirs to dis
train this IS rent charge because such lands or tcne
ncnts charged with such distress by force OF the
writing only and not of common right or by the COM
mon law. And il such man. with deed indepted,
to him and to his heirs, certain rent without any
such clause put in the deed that he may distrain then
such rent is rentseck for he cannot dstfan Tor the
rent and no distress is incident to rent.scck.
fee farin could have been once granted out OF
estate ia fee the granter reserving to himself per-
petua but since the Statute quia Emptores the
granting OF fee farm rents became imPractcabc because
the erantor parting with his fee is hout any rever
sion and without reverson there cannot be any right
of distress for there is rent serviceCo. Lit l44.
Now, without reversion common law, the tenant
holds his lands in ec and being ailoda by our law
held ilnme iately from the sovereignty Of the State
body polite No right of distress exists and relation
ship OF landlord and tenant is known to our law.
Aperson holding rent charge rent-seck could
not distran al common law, and not landlords and
when the Revised Statutes authorise such persons
ds,ran the statutes do invest such persons wch the
character Of landlords.
The law of England is the law OF this State as
it existed In England the time OF the American Revo
luton, but the and statutes OF Parliament did
extend to the Colonies America unless the Cello
MES were specially named in the statute The Statute
OF George H. chap "a, did extend the Colony of
New York, and right of distress existed in this State
for lands held under deed for reserving
rent either REM charge rent seek unless the
rent has been created at period since the passage Of
the Revised Statutes in ls2S.
The law of England declared by Coke to be
the best and brthisbt that the citizen has
for safeguard and defence only OF his goods, lands
and tenenents but OF his wife and children, his body
fame aud life. Co. Lit. p. li2.
Il is upun this branch of the law, called servce
that lease for term of years framed. This lease
s called demise The demise OF lands is only applied
leases oflsnds for years for specific when
freehold is created demise OF lands does exist
Mr. Preston. in his work Estates, remarks that in
early times long leases discountensnced by the
re u the fee because they gave consequence AID
power to the cuvaor Of the soil which was looked NJ
with Jealousy by those whose profession was arms
sodie considered himself degraded in the waTke ages
OF ancient Europe by employment in husbandry. To
eupoymen,s in husbandry, aud to the persons who ex
ercised those eIupoymenrs terms of nieriotty desrada
ton or d,srespcct attached