New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-06
The Right Of Distress on the ManOrs.

EwloRK. Oct I'd, le4o.
To dt Kdior 9f Tie Tribune;
observe in your morning edition a communea-
consigned George Clinton, Jr. the rights of the
Msnoral Landlords OF this State to distrain for their
rents AS conceive il very important that any error
on this point should receive an early correction,
enclose to YOU few observations and authorities
which think will show you that your correspondent
has in vulgar par!ance, gone off half cooked AT
any rate as you have requested any error in your
correspondents statements TO be corrected, trust
you viii find room for the authorities cited You may
(, the observations pass if you do not deem them es
snta
The species Of rent TO which your correspondent Is
disposed deny the right of distress is that known to
the law rentohagge fee farm rent which is where
hereni created by deed and the few granted by the
Common Law II is the ii ght of distress not Incl
dent this kind of rent and existed where 1t existed al
slony by power annexed to the lease by the agreement
dihe parties. II no such power was annexed the rent
sdthe name Of seek and could not be dis,raned
hr The only kind OF 10 which the right OF distress
vas incident that of ren,-service which existed
where the enan, held his land by ieal,y other corpo
Teal service together with fixed certain rent, and II
was called rsntseyice because sach corporeal service
was incident 10 ~. Inc REVISED STATUTES WITH tutI
Aooshed ieudal ienurcs made express reservation
oiFens certain The language is" The abo-
mon Of cnures shall not take away OF discharge any
rents or services certain which at any time heretofore
asse been or hereafter may be created or reserved
Revised Statutes Ills sec a. st ed SO that IN these
cses all rents and services which were fixed and a
source Of proh to the landlord expressly reserved TO
MN and the effect Of the statute is smp 10 change the
eofenea mode of tenure and dispense with those more
Personal services such the oath of iealty snd the like
Nhea without being source of pront To the landlord
wefv soadge OF eudal dependence To the tenant Since
e REVISED Statutes, therefore the cases OF rent service
na fen'chsrge may with respect TO the right Of dis
~ e considered as standing on the same footing
NO" IN both these classes OF cases and in all cases
Sose any liked rents services are reserved out Of
nas ue Revised Statutes have expressly declared the
toe' Oh the persons entitled TO them, Ohe Statute no
s ae'e speaks of Landlords by that name and il is
-e'eore unnecessary 10 90 behind their provisions.
- Is see then what these provisions arr viii frst
yer you 10 Revised Statutes. p. az sec Is LIST cd;
80 seehon IA a. follows When any certain services
sSn rent reserved ont OF any lands or tenemcn,s
"a nc' b. paid OF rendered when due the person
80 hereto msy ds,ran for the same"
en@neelor Kent in the Ri vol OF his Commentaries at
fhl, remarks "a follows;
ken'ehsrge fee farm rent is created by deed and
S zee granted and ~ there IL no iealty annexed the
~ distress Is not Incident and rcquires an cx.
power o. distress 20 be annexed TO the grant which
'es Tue name OF rent charge, because the lands are
'F deed charged with distress rcntscek. siccus or
s'sh ren; was reserved by and without any CLAUSE OF
kssess, aud Ia in which the owner Ci the rent
- no future interest rcvsrssn In the land. The
ae reni was accordingly driven 10 the slow and ,e-
R, remedy by wit OF annuity writ oil assze
ne statute OF Geo cap. y abolished all disiinc
,1~'ween the several kinds Of rent far AS 10 give
ahe remedy by distress in OF rentscck. r,ns
fe and chief rents in the case Of rent reserved
~ n lease The statute OF New York has adopted
hv o'lson IN 50 many words, but II gives the remedy
IN All cases where any certain services or Ger
reserved GU, of lands or tenemcnts remain due
,.aedy is extended equally 10 the grantees &C.
sTs thor.fors The HErosdi ycraedy BY
a. 4sress for opoy species Of or serrce aEtlly
H. aea NE sane Is CERTAIN" ken,'s Com. p i6l
.sho~ the author remarks that the case OF Cornell
,uh.o assumes that reyersionary interest must be
pn,, IN the person who dsirans bur that case arose
s,,s.s We NewNork Revised Statutes and when the
ed nj provision In those Statutes had not been sdop,
in,ev restriction as To the necessity OF reversonsry
uo.,s mentioned in that case, seems 10 be now re.
IvM y me 18Th section of the statute above cited
D DO ~, one authority more from Pages On. r.
rive Il. " nen the owner OF land who had agreed TO
txissd nntn' lease in fee. at specified rent
Com.. o MS interest in the premises sold by the
ma, - rne" Of forieturss subject To the equitable
restu, vac tenant TO the lot upon the payment OF such
na,s,. mat the interest Of the purchaser was the
t,si.L rsstseek and that such rent could Be- dls-
~ under the provisions ofthe Revised Statutes u
w. S''rs't1' Pa'sss Caasery Rep, p. 2la-In