New-York daily tribune., 1845-11-01
THE TRIBUNE.
,,.,,,x of ,he Right of fpl,trcssin Nc"-Y"rl>.

~, t,,,,al law or tenure as applicable 10 lands
This WAS IN l066. This system or CONSTITUTION OF
Nv had its orisin from the military policy OF the
N,r,hs-r, and Eastern European nations who were
.;x,s, +, oon1ucs, and military enterprise; when
:. ,,,,sinn Of country was made, md conquest
y,,u,,, sv the lands were violently wrcstcd from
M inhabitants aud parccled out TO the military lead
srs IN the army; and these again dealt them ont IN
sosIer panels or sllonents 10 tenants or soldiers
xrh,wc-r the servants of their next superior Lords
The conditions annexed 10 such PARTITION OF I saIus
n,,-. ,hat The ienan, shoa!d DO Serrce faltn!ullS
h,,b =, home and abroad. in the wars, 10 hlm py
>ybon1 they were given, for which purpose he took
the oath OF fealty.
These Northern nations were oi Aslauc origin
and frs, known rs Celts or Halls "hicn IA Tue an
cen, languages siSohsS 20 coee I,n,, =;
MA snd thew were military people, who dweit IN
for;,tsj towns and castles, whence they emerged
81 wsr and rapne. The nations called Clmor
sui Tsuicnes younger family from thc SAINT
sccS and race of men VINO o'trIau tsais hosu
scen.-ry before the Christian hra. ihey oeuiahueo
st the CONQUERED people Of Italy should hold their aS
NON the coaausrors by military e ana by an ooSa
SON ~ perform personal services 10 the lord whenever
be sncua call OF them
boand when called upon by his lord VINO heid the lee or
,;r rent s5oye him. 10 do all il bis power TO celend the
and and Il The tenant failed TO perform tne speiaieu
s.rylceS ghe lands again reverted 10 the lord
Taoush the ;euds tenure Of lands existed III ASIA ana
Ike Northern paris OF Europe from remote history oi
rsn vet il was not introduced into England before l0uo
wren William the CorGucror from Normandy on the
Continent invaded England and oyerran the country win
MS sr-cy and bent the BronS under his eudal yoke
Ee established the eudal policy Il England and chang
- Inc ;saa-. Of a.! lands which before this con
Guest allodia into lsnds held BY this feudal tenure
The ancep; nations OF Europe and the Old World
hei the doctrine that all power was vested IN the hing
and tina. he regEed by Divine right-that the people
w.,c his subjects slaves from this notion the ieuda
NATIONS declared all lands were held OF tue Ming and
h ws the sole original proprietor. and that all grants
,,sr held immediately OF him and derived from
nm upon q condition OF rendering ieuoai services
me King originally granted mis- lands TO MS military ana
great men and they IN turn pIce!ed them oul 10 me
o. persons in rank, and so down to vassas ana serS
The persou who received lands was personally bound TO
oo or TO do his Lord in his courts in time OF
pesce and 10 perform military duties IN his armies or
wsrike renue when necessity called him into the held
The Lord was Judge all the feudatorles. AT trst
the time OF holding Of the land was prccarous and
ihe Lord the sole judge whether the tenant per-
formed MS services faithfully Naen they became GER
tain fo one or years, and when peaceaole posses
son had been acquesced in new possessions and hus
t.ndy mad grown into more consideration, the ieuds
began 10 be granted for the life OF the ierdatory.
Bui st the fcuds were not hereditary and the tenure
always ceased with the death OF the tenant on the land
hence the doctrine that executors ami administrators
cannot dsrain for rent due in the life OF the testaor and
This day the landlord dsrn after the death OF
But the landlord in OF time usually
Granted the land 10 Inc heir Of the tenant if he cap
BE Of bearing arms But the heir, when admitted TO
the land which his possessed was called upon
generally TO pay fine to make present to his land
lord Of horses arIs, money or the like to reestaohsh
tie inheritance.
Under such state of things tlt landowners heirs al
had reversion the death of the tenant and as
incident 10 there might be rent but where
there is no reverson there s, at Common Law no rent
AreveIson Is residue OF an estate left in the grantor
in possession on the determination OF some
particular estate granted out by him. This Is return
g the land the granor his heirs after the grant
is oyer-as If there be gilt IN tail, the reverslon o the
fec without any special reservation vested IL the donor
By law and also the reverson after an estate
for life years, or at will. continues N the lessor.
For the fee simple of all lands must abide some ncwhcrc
and he who was before possessed OF the whole carves
out OF smaller estate and grants 1t away whatever
is not so granted remains in him
When The English Colonies were established in Amer.
ics the common law and the customs OF the Mother
Country regard to lands, came along with the inhab
tts and lands he'd BY the same tenure rs IN the
Mother Country. When the right of distress existed in
tee Mother Country existed here, and when tue reia
donshp of landlord and tenant existed il the Mother
TGuniry 1t existed in the Colonies under Ike clrcun
Stances, but not otherwise.
The Revised Statutes of NewYork have declared that
al lands in this State alloda and all fcudal ;enures
ofevery description abolished with all their incidents
but the abolition o. tenures shall not take away or dis
charge any Rents scrviCes certain which any time
heretofore have been, hereafter may be- created
served Revised Statutes, page ~, sections 8 and 4
Now perpetual lease was unknown 10 the feuda laws
and this the law Of England created fee and
no right of distress incident 10 such grant and
BY the Statute OF Malbridge passed in l52S, the
50 Of Henry H. Chap. l5 il was declared to be unaw
fu for 10 take dstresses for rent out OF his fee
and ey the Magma Charta Chap 10, II is declared Ihat
no one shall be dsrained TO do services for the
ireehoder than due" By these statutes appears
that persons bu, eeholders could disran by the
mon law of tenant must be enan: 10 free
noder-the freehoGer was the landlord and whenever
me right Of distress appetained 10 real estate II was
ne ground that the fee in the person making the dis
ress freehold estate is termed real estate while
al estates IN lands less than freehold called per-
sonal estate By the common law A freehold estate
mat s an interest TO endure for life longer, must
De created by a deed of ieoiment, By deed under
Seal operating under the statute of uses Whenever
a party conveyed his lands by livery and sesen,
sae lee passed 70 The grantee il not demise
Sease OF demise for specific term aud could be
sed without deed hy parcl even for term of thou
so years The English statute and our statute against
Hauia require an instrument 10 be signed in writing
Shea term exceeding three years is created and but
ioi ths statute demise may be made for any length Of
YEARS oy pato or mere words Il is for this reason,
insS Il rector grant demise his 1.-THE by mere
written instrument under seal he is stl point OF
me owner and occupier OF the 1.-THE and to be rated
II respect thereof because the legal interest tthc
passes only by grant under seal whereas the same
instrument had been under SEAL the lessee acquiring the
legal Interest In tthe would he ,he r,orar n,rson % M
rated
A;reehold interest canno; merge in lessehold inter
e though the later may merge in the former consc
queniy estate of freehold Tor the term of his l,
vest person who is owner for term of 1900 wears
tae freehold. though of shorter duration viii nor
merge but the viii merge in tho freehold-Pres
Ton on Estates, 2i9.
Now no lands can be demised unless they be leased
.o term of years, because perpetual lease carries
-9sefihe ieeand freehold granted TO person makes
MIN his own landlord BY reference 20 Coke on Little
soe sections PA, 2l5 learn that If man will give
.sAos 70 another III tail. and makes lease for life or
eso ME OF another for OF years. rendering
,ns 70 him, which rent service II behoyeth him to
en the rent is reserved that the revers!on OF ,he
@ Ss be In the denor lessor-.or If VIII make a
osent IN will give lands TAIL the remainder
ID lee simple without deed reserviHg him
TIM ths reservation is void, for reuasioH
@ ns Tie same author declares tha; there are three
OF kinds o:tents. That is TO say, yeat serrice
eaerSs and renssses and in case of rent service
ca e'o s,ay oistran OF common right which is by the
,.Asn ,yh law Nov rent service was one where the
a neid the land from hii lord rendering certain
o-S service such us featy paying homage 10 his
ma1urins or plowinS his lords lands. This was
csss Ios converted into money which. being fixed at
or;n sum, was called rent and was founded on the
lor M eea oil personal relation existing between the
nss tenant II created the relation of landlord and
the parties but in no other case did the
Tsoi oi hnciord exist at common law
sue' ior rent service was e ~
Ist BY Distress