New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-09
The Right Of Distress on the Munors.

To lS Editor ~ The ITibbns
As it is important to an adjustment OF the Anti
Rent controversy that the tenants should not be
mi-ed as to their legal rights, lake the liberty OF
disputng what | cousderthe false doctrines contain
ID in communication in your Journal of tn I'd inst
on immortal land tenurs' signed Geo. Clinton,
Ir"
remark. in the first place, that his views are nov
3D. hich 10 YOU seemed ID add 10 their claims upon
Inc intention of those Interested. But IN general
he law has no part lot Ia new tangled nOtiOns-
The antiquity Of legal doctrine not lis novelty, is
to lawyer Inc strong argument for lis truth Found
ed on custom established by precedent and most be
nehcent when most stable, the common law knows
no new discoveries or inventions Changes are
made by Legislation; not By ingenuity.
Your correspondent position Is that The granler
of perpetual lease cannot ds,rain Tor rent IN arrear
though he have reserved the night OF distress IN his
ease His argument reduced, amounts 20 this b.
the revised statutes, none bu, landlord can dsirain
tor rent the xranter Of lease IN perpetuty ~ not
q landlOrl-thereiore he cannot di-irain
Neither premise IN the in which II IL assert
ed isirue The granier OF a perpetual lease IS IN
legal language a landlord bis grantee is tenant,
a tenant in fee indeed, but still a tenant and bis
estate is tenure According TO the theory Of teudsl
times every possssscr OF land held Of a superior by
feay at east ard IN most cases, By some annual re-
turn or rent OF produce, money, Or service 20
Lit I ana Kcnts Comm i.7-s This theory has
pervaded the common Jaw and originated is vOca
bulary Under i were established the rights OF the
PARTIES 70 the maBorial leases now considered The
tenure ITSELF however modified not abolished IN
,hi- State I'LL the enactment Of the Revised Statutes
AZ the common law then, l0ndi0Td was one OF
whom land was holden This IL expressed IN all
deeds 10 this dav in the clause to have and 10 hold
the said estate &c IN vi ich clause the manner %
the tenure whether for years for life, or in Tee. Il
specified The tenant IS he " no holds The estate me
king il was said. rot properly tenant as be
held Of 10 other person. being himself lord para
mount; but every subject in the kingdom was tie
nant 10 those Of whom he held-iandlord 10 those
who held Of him. Co Lit l. b.
The graniers OF perpetual leases IN which the
right of distress was reserved have assumed TO be
landlords ana used the right OF distress from time
immemOral, and no decision o; the English or Anne
rcan courts can be found which impugns the law
fitness of the procedure.
The change Of the feudsl tenure TO aodial own
ershp has not affected previously existing rights
the Revised Statutes having provided that such
change should not take away or discharge any
rents or services certain which at any time hereto
fore have been. or hereafter may be- created or re-
served 70 x : III g4l
Nei.her was he remedy fl distress narrowed by
the Revised Statutes though additional safeguards
Il, the tenant were created but the contrary has
Vow, any person may di-train " ho has rent gu
him Whether ovnerOi the reversOa or not" he'her
he has reserved the rgh, Of distress or
he be iqRGlord or not If stress must neens oe aiu
mn ,bis word The language Of the law II broad
and explicit "Wben any certain services or Ger
am rem, reserved out Of any lands or tenements,
hall no, be paid or rendered when due, the person
,nfifLed fkeye,0 may di-,rsin Tor tie same X ;.
~ Nsl The statute thus declares who may dis
train and sfterHard. % providing the manner Of
distress requires to be annexed To the warrant the
affidavit Of the iandiord t0r whose benefit the dis
tress i TO be- made" 2 X. :. 50l. s. Can any
sane man doubtful thntwo sections, one providing
that the person entitled To the rent may Gis,ran
Tor the same, the Oth,r requiring the warrant OF
distress 10 be accompanied By the affidavit OF the
iardi0rd for whose benefit the distress is 10 be
made" refer 10 the person, and thus define Ihs
term landlord Ia BE- the person entitled 10 tn
rent p II this be 80. the argument of a" Geo Gin
ton Jr" is as baeles- under the Revised Statutes as
ii is certainly absurd al the Common Law. \.