New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-10-25
THE TRIBUNE.
opre.. of the Ronge Movement in Germany

soo,f Of Germany should be declared constituted,
which motion was seconded and carried. Then fol-
loyed debate about the framing Of constitution
Of the community, and a committee was nominated
IN, rnu0sne IT, discussion Of some length arose
in reference 10 the question whether women should
have the rich, of voting in matters OF faith and the
decision finally turned out IN favor OF the women by
Is votes 10 H. Among the several resolutions pass
ed. one had for It's object that the principle OF un.
limited freedom of communities 10 arrange their
ecclesiastical affairs themselves should be establish
ed aud placed above the authority OF general
synod As the place Of the next convention, Frank
for, was fixed upon OF the delegates assembled
we mention beside the ministers Ronge kcrbler
aud Wucrmle DR. Dullcr, DR. Scherer Herbert
Rau. Mohr President OF the Crcui, Court OF Alzei.
and Baron Won Diebod. Of D0rimund The voting
was performed by communities.
uanoriai Lands Right OF Distress No. 3.
TO the EdtOr Of The Tribune
il is important to understand what the rights OF
the persons are who have purchased lands by per
petual lease OF fcOiment Of persons who claim to be
landlords but who in fact nothing more than All
nu,ants Mr. Justice COwcn in his opinion In The
case of Wcbber vs. sherman liils Reports, p. %.
substantially and literally says that distress Torrent
is not judicial proceeding, but matter of private
agency The officer making the distress Is not
judicial or ever ministerial person but private
agent Of the landlord The act of the Legislature
does not make il compulsory on the officer 10 under
take the duty of serving a landlords warrant tie
is volunteer and If he refuses to act no suit at law
can be maintained against him. The duty of exc
cutting the warrant is not compulsory, and however
regular he papers may be their face they do not
operate as protection To the officer unless the land
lord bad right TO disran.
The remedy by distress is by the act OF the party
Interested and not by process OF law, and he Is &C
couniablr for any irrcgulariiy oppression OF the
agent although not specially directed or adopted by
HIM
The Sheriff or officer making the distress Is tie
private agent of the distraner.
At common law the landlord distrsined by hi-
own hand or tina, of his baihn the latter being but
another name for an attorney or agent or servant.
In either case the distraner was the responsible
actor lie might direct his warrant TO any one
capable OF acting an attorney in fact or confer
an authority 10y parol
The statute requiring distress TO DO 10y Office
has only the effect u narrow the circle ct selection
Of the agent He the officer. is private agent ana
sn but hot plaintiff in any suit-the distress warrant
Is not judicial proceeding. see o Hills Reports ~
Weber ~ sherman
The law never has extended protection to an inferior
officer agent unless the order or The process be such
is lace # valid he is compclablo by law 10 exc
cute H.
Where party a volunteer he may take time to en-
gurc and satisfy himself whether The owner landlord or
principal has the right o. make the distress and even
when third party, who ia judicial Officer chooses for
his own benefit aud advantage, to interfere IN a-dlca.
proceeding and takes upon himself TO execute Judicial
he must take care and that it is valid process
! Hills Reports page 2s5 Jcrmaine VS.. Waggenen.
B Wendel's Reports 500 Earl vs. Camp.
AGAIN LOrd EdoH decided N the Cour, Of Chancery
IN England that distress for rent not proceeding At
As Jacobs and W aker's Reports, 392. Hughes W.
Rves
Apooeedng at law iswhcrc party applies for the aid
Of Court of Law and seeks process TO collect his de
msnds but In distress ort IL had 70 Court OF
Law. any judicial proceedings farther than 10 make
an affidavit under the New-N Revised Statutes
Npv distress for RENTS evidently nothing more than
zoe act II the disiraincr- Is not proceeding oi any
Court but matter al agency such being the fact We
VII proceed 20 inquire what rights person has who
hods warrant for rent charge upon land without
Cause ds;fessthe authorizes all show that hs Is no
more Aan choose 10 acuon-nO interest remains 10 thc
sranier In The land except night OF entry ior nom
psymenio the annuity and this reentry is unayaao
create any interest IN lands unit, the party making The
entry has obtained quiet and pesccabc possession hy
Inc removal of the tenant by judgment OF aCouu OF
competent iurisdictiOn- the tenant in possession re
iusts o yield up orcbly entry and detsiner cannot
&c msoc upon him. but sresori must be had 10 Court
W =" snd Judgment must Is entered, and execution
Issued 90 remove him
10 the case OF Cone.Lys Lamb. = Cowens Reports.
poo Mr. Justice Cowcn, IN his argument said-We DO
not ask the aid OF the Statute of George > p .
Nnch We argue has not been enacted in this state and
We cannot therefore distrain for rentseck
rent charge Is a rent reserved, where the landlord
asno IeversonaTy interest lie would have for such
ou nc nsht 10 disair unless the power he cont aimed
70 lie lease rent seek Is the same rent charge
'elt that there is no right 10 disrain reserved.
lhe supreme Couu OF this STATE ! Wsudeis Re
PVI's +e1 the People Is llassns say
That rent charge where the owner of the has
% 's'uie interest OF rsycrsicn eNpectan IN the land
Noeir man by deed makes over his whole estate n Zee
Anple with certain rent payable ihcrcsi and adds
cause Of distress ln this the distress il OF
common usht but by virtue of the clause in the deed
shd therefore called rent charge. Without this clause
Nasucss the rent would be terme4 rentsecs which
,n ony De- collected BY action. The true reason no
oortt u the one gwen IN tho books WHY All annuity
"tch Is Ike rent seek cannot De delivered In execution
thar Il is but chaos IN action. the owner not being
liberty 10 resort 10 the land 10 collect H. but 10
.cton.
The court farther says ,ha, the Statue Z. George ,
Nespt - which gave The remedy by distress in case of
irniseck. and In effect turned d, into charge has
never been enacted IN this state.
IN the papers of the relation 10 i stated thai clause o
,e.aify IN the usus form Is embraced IN the leases
o. tas isct Is unmportant so far as This question j.
eoeefueC unless entry had been made, (ShephaTds
V1eas'one, l) for, until then. be interest OF Payne
zoe euSnt would be unchanged
Inc distress under the Revised statutes ana
e ustrcss NJ Common Law. both being private RENE
-ts and no; jude al. will inquire what rights
f.eas Who claim 10 De landlords OBTAIN under the he
statutes Of this Stale. Vol. I. page 7SS sect. j.
80 i 10 Tic following words When any certain
ICES o. certain rent reserved out OF any lands ten
1s sAal hot be PAID rendered when due. the per
seHAlra thereto may distrsin for the same
q, cave seen by thu decision OF supreme Court
60 s case Of C0rEol vs. La,a5 ID Cowens Reports p
ar S.o "sou he ascot People vs. Haskias It'll Ucg.
IMPORTS t5l that distress for hn annuity or rent
a., % Tent seek did not exist this State prior O.
s,K'a-e OF the Revised Statr In l-2e-ihst the
ma = "corso :, chap. y nese r had been enscicd
a. Spa'e Now the Legislature, when they passed
s~ia'es did no, give any nights TO leases OF land
:" .ne seller or purchaser which they did not hold
s,s oe passage OF the Revised Statutes. Ire Legs
s,n,, no' alter contracts Srcaay IN cxisencc-thcy
ne give one party rshts and take away ghis from
sx,.,-- cannot pass law to effect contracts ia
re.. ~ tne time 81 the passage OF the Jaw. 4 dis.
entry upon lands Is personal right Or pryi.
"a, - not Judicial ne. All isws ara prospcctive-
giving person rights which he does not pos.
Iusy nus agreement is s0surd coutradcted by every
% ~ Mo every lawyer who has ever written or spoken
soess~ subject Now person wno sells and for the
soon VI yearly snnu,y. or more properly