New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-09
NO. N........GRATIS.


an annuity Is che th.n---ihe night OF dis,ress j.
another This right Of Distress was adopted INTO
ihc common law OF England from the civil law. The
land under lease was by Pothecaied io ne tenant
and he. pr.is oni, were liable to b. seized IN salts
faction Of the money agrsed 10 b. paid Tor me usc
OF the land. N0 person could make use OF ms rlsn'
of Il stress who had not the reversion. Al common
law the relationship Of landlord and tenant existed
only Ia the case OF a lease for years. and only while
the person who granted the case and the tenant who
took the lease remained in mi. llie This relation
was strictly personal /, did pass over 20 the as
sgnce the executor. the administrator or strangers
Take the case Vi executors and admins;r aiors
Of lessee after dis dcccase. These persons Al
common law could not distain for rent IA arrear due
TO their tes,aors or intesaies Now. what Is the
reason they could not because the relationship OF
landlord aud tenant did not exist. Wherever tree
hold exist, the relationship of LANDLORD and tenant
docs not exist because by the law of England this
estate could only be created by livery and >eisin
livery and in passed the Zee 10 the grantee Inc
livery OF scisn conveyed the iee-ihe seller went
on 10 Ire land aud delivered possession OF u m the
presence OF the neishb1rs. and a writteu-eonvey
ance of the lsui was called teoiimtnt and all -.
ia,es IN Tee simple fee tail diriug the life OF the
tenant or Of the grantor, Were ireeho.ds. the lee
passss 20 the hands OF the purchaser. by the leu
dal and common law under perpetual lease, WIN
the reservation of annuity or rem; a. II IL called
the lanI sold becomes the property oi suc tsNn
purchasing tin tine same manner as land sold
without a reserv alton becomes the property OF
purchaser In the latter case the purchaser may
make what use he peases of the land bought. aud
even destroy II when he has been once put m The
possession OF il. But purchaser who takes land
under q r. seryation OF rent or an annuity more
properly called. is bound to preserve the land aud
his vendees or purchasers must do the same thing
because it is part Of their contract to pay the an
nuiiy from the land. But this by no means creates
the relationship OF landlord and tenant. when the
lee goes from the seller 10 the purchaser, the seller
Is no longer a landlord We will IN reply make an
observation Ia the article signed COn>ervaior' He
relic. upon quotation from Chancellor Walworth
in the ease Of Broi-n ". lefch-Paiges Reports.
D. 30
This case was one which came up 10 the Chan
cellor from Mr. Justice Governs decision when he
was Circuit Judge of the ith Circuit. Justice
Cowen decided one way and Chancellor w alwouh
overrued him 30 we have Justice Cowcn against
Chancellor Walworth Nor did Chancellor w al
worth decide that person could di-ran by virtue
nfa landlord swarrrant. Orundcr the Revised Statutes
authorizing a sale u the goods Besides. the Kew
sors notes quoted by Consevaior, are not law, for
this reason the Legislature when they pass law,
NAV mean one thing. and the Reyisors another. In
the case of Coster W. L0riidrd Il Wendelis Re
ports page 265 the three Revisors OF our Revised
statutes Mr.. Butler, Mr. DHer, and Mr.. Spencer,
all appeared as counsel in that cause which was a
suit brought upon will relating TO certain trusts
The three Revisors are all said TO have construed
the Revised Statutes in relation TO trusts differently
They did not agree among themselves. bat were OPP
posed to each Other and then the Court of Errors
unanimously voted 10 reverse the decree of the Chan
relor and against the Reysors. Messrs Henry
~lorrs George Wood. and David Il. Ogden con
| WINGED the Count of Errors that the law was diier
emit from the Kevisors notes We speak nothing
disparaginey of the learned Revlsors OF our lie.
vi-ed Statutes; 40 gentlemen, as lawyers. stand
| higher But COnseryaior will find out that tins
| Rent question j. not easily disposed OF as he ma
zines there are more law points in II than he can
take care Of and hope that the question will be
disposed of according to law and according to the
rais of persons who the land they live on, and
not according To the predictions OF certain indlvd
| uals Tho call themselves landlords or the purpose
of coercing payment of debts by atldsvlts and dis
trcss warrants II il wrong where the power is not
clearly given and we regret 10 see II. Oar Legs
| ature time and again have leucred and embar
~asscd Gna process upon judgments at law. The
| Judiciary * a part and one OF the most important
mowers in our Government their DEGREES should he
! enforced bat instead of protecting the Judiciary
| the Legislature have run away with the Idea that
private individuals may execute law Tor themselves
! : man however Odious in community, however
irresponsible IN his pecuniary ability. however dc
! PRAYED and dishonest iu principle. may by an all
! layii and warrant of his own making, proceed Il
! seize and sell his ucighbors property. while Jude
| menis and executions remain ,nianged 10y Lrgisla
| i've cnaciment- These things ought not to be-. \
| man who lends money 10 another must run IN,
rounds of tedious suit az law 10 collect H. while q
| person Who has rent due becomes his own Judge
and issues execution at his liking. Abolish the dis
! ,ress. give prompt and efficient remedy by Ju
dicial DEGREES 10 collect all kinds OF obligations
| alike and We will have no more difficulty with
Anti Rent men GEORGE CLINTON, JR.