New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-09
Rights of Di-tres, on the Nianors. No. >

To ise Editor Of Tie Tribune
We would call the attention OF the public to the
prov sous of the Revised Statutes of the State OF
New York in regard to the subject OF distress for
rent The ID volume ofthe Revised Statutes, PAGE
ale. Sec = contains the following provision:
No officer shall proceed to make distress for rent,
unless there be snncved TO- delivered with the war
rant Ot distress afhlsvid made by the LANDLORD
for whose benefit the distress 20 be made, or by ms
agent receiver before officer authorized 20 nd
minister oaths specifying the amount Of rent and the
time Tor Hhich il accrued"
The Il volume Of the Revised Statutes, page 73s
Section contains the following provisions:
When any certain services or certain reserved
Ol any lands or onemehts sha not be paid OF rem
dered when due, tho PERSON entitled thereto may des
train tor the same
Thcdistinction between the word person and Land
lord is palpabe obvious and just. \ person may
be a landlord. but a landlord does not embrace all
classes Of persons The word landlord is technical
it has a definite meaning known to the law, and no
person can make Of the process called land
lord warrant to distrain unless he is technically
andlord-there must be q demise on the part OF the
person who claims to be a landlord See Section II
ofRev d Statutes, volume ID page ABB The right OF
sale is only given when the relationship OF landlord
and tenant exis-Sec. 25, page Il call for notice
of the distress under landlords warrant to be left
with the tenant, and in case OF his absence az the
chief Mansion House or at some other notorious
place on the DEMISED premises. The sale OF
goods and chstels il only given IN case OF distress
on demised premises as will be- seen by reading the
10Th Section with the DIST page 40 2d Revised
Statutes auihOri-es writ az eiectmen To be brought
Tor DEMlSED premises. Article LIT and article
End 2nd Revised Statutes. A. title Of distress
ior rent Of the recovery OF poss sslon OF demlsed
premises for non payment OF rent by tlecimeni ap
plies only 10 rent for DEMISED premises Nei
iher eectment nor distress is authorized under these
Statutes unless the relationship OF landlord and ten
ant exist These persons only can have right TO
sell the distress or make OF the process of land
lord warrant All other distress are unprovided
for that H. the method OF proceeding remains as at
common law. SuppOslnR a party disrans Tor ser
vices or he dsirains for an annuity by virtue OF
clause in decd h. dstrGIns for rent r. tOa
stranger or person holding the fee rent first leases II
fo tenant for a term Of years. and then releases Ia
him The remainder or supP9sing party hold lease
for wears then uDdcreIs u 20 atenant Tor precisely
his own term Now Ia the latter case the relation
ship Of landlord and tenant docs not exist bar hs
whole estate i assigned and the person l. not ten
ant bat an assignee. so ia the next proceeding
case the greater estate in remainder hen conveyed
fo the tenant for years browns the lesser estate and
the relationship of landlord and tenant though once
existed j. now destroy ed and the right OF distress
along with II The Revised Stainless have no far
ther altered the law than 10 give The right 20 q per
son 10 dI-irain who l. stranger, which he could
NOT DO by the common law but this stranger must
act al h- peril and proceed according the common
law method of distress must every person not
landlord. Services. or rent ~ II l. mlscalcd, might
be reserved TO stranger, bat the relationship OF
landlord and tenant did not exist nor could The party
disirain bv the English New York law previous
To the passage OF the Revised Statutes These STAT
utes were passed in l-2s. W here the right OF dis
tess did not exist by the laws OF the State OF New
York prior TO the passage OF the Revised Statutes, II
cauuo, cxis,or be applied TO contracts Ia existence
prior 10 the passage OF the Revised statutes The
Legislature have no power to impose burhens upon
contracts already IN existence. The most that ever
has been sought or done IL Is take away remedies
aupcrainin. 10 Judi, ial functions The Legislature
a tbi- STATE has abolished the right 10 issue ca.
in certain cases But the legislature has right to
impose additional burhens on contracts already m
existence All laws relating To real estate are pros
ucctive and not retrospective. 9Th Johnson Re
ports paee Dash vs. Vonc'erk Sec Isi How
ards Reports 3ll-Br0ason vs.. heH-ie.J
Under such q state OF things viii now inquire
what person can do 10y distress who j. not a land
lordl AsNye have abundanuy shown, those per
sons are not landlords that grant perpetual lease--
they have mo- estate--DO rcmalnder-nO fee. remain
ing in them bat the whole has gone over 10 the pur
chaser By the common law distress either
wholly or partially wrong, renders the party dis
training trespasser from the beginning No" a
person whos not landlord must pursue the com
mon law method Of distress II Is the duty OF the
tisirainer in such a case 20 remove as soon may
be- the goods dsirained of from the premises, IN
order to npound them in some other ace Of safety.
He cannot impOund them on tue premises indeed,
by the common law, the party dstrainng never had
the power 10 leave the goods or mpOund the goods
di-iraiuod upon the premises. The Revised Statutes
do not authorize a sale Of goods dstrained except IN
- |l. H.
exists At common law The distress must have
been Immediately removed, or the proceedings
would be Illegal I'd Lord Raymond, 1876
Grifn ". Sc0u SO where a party has right
fully dstrained goods he must put them IN pound
end safely keep them there felvcrions Reports
I94l Aud the distrainer must take care TO keep
the round IN good condition. which must be of 81
the premises Nor could the goods be sold 10 pay
the distress or annuity. See 18th Modern Reports,
Coz also. 1T Saunders Reports, 27bl Ia the
case of DOdd vs.. NOnger, 9th Of Modern Reports.
D. 2l5l the plaintiff. who had dis,rained tor rent,
brought W rit OF Rescous for that the tenant had
taken away the goods distrained upon his land
lord Chief Justice Holt nonsuited the plaintiff al
the trial who was landlord, because the plaintih
had Quilted possession Of the goods, after he had
made the levy for two intervening nights. by the
common law, If party does not remove the goods
in reasonable time when he makes the Distress ne
becomes q trespas-er aud II he abandons the goods
ana MAKES rctDlu ol tur ANU ~ 'Se'--- 49,
goods be was a trespa--er from the beginning
see ld Lord RAY mond, p. 1924 also, 9th Modern
Reuorrs. o. 2l5- D1dd ". N0HgsrJ
When person distrains who has no night ~ DIS
train. the law permits the owner OF The goods To
make rescue. which j. retaking Of the goods out
of he hands of the trespasser Though person may
distrain TOR annuity or rent reserved a. t j. NIL
e. Tet he cannot sell the distress. nor eau be- make
an entry on the land the second time, to make hls
distress perfect II h. makes the -ecord entry, his
distress j. trespass from the beginning dis
trainer can have right 10 sell Use the distress
when made al common law-iOr MS only right i 10
10 derain the distress a pedsel3 Leonards Re
ports p. Isl The Revised Statutes o. this State
Vol > p. AZ have declared that entry shall BE-
made into any lands or other possessions, but IN
cases where entry l. given by law and IN such case
only ia a peaceable manner. and not with a strong
band. nor in multitude OF people The night ofdis
tre-s at common law stopped with levy and seizure
and removal Of the goods of from the premises To a
public pound private one, erected by the DIS
trainer Notice oi the distress and place OF IN
pounding must have been given 20 the tenant Inc
di-rsner could not sell the distress. and only de
tanned the distress pledge 70 compel me '.n'a,
10 perform he obligations ~ the conirrf ~" cv'i
the. di.rrainsr Use the distress aud ~heH eoons
vr.s -fr,iued n they became lost or damaged s