The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1846-03-13
been adver,ised) have merely "esta,e at will,
and subjec, to the payment Orient He says:

anu suuJeCt 10 the payment OF rent. lie says:
An estate at will. as defined hy Blackstone.
Sis where lands arc e, by one man to another to
have and tn hold AT the will of the lessor but
every estate at will is at the will Of both parties
landlord and tenant. SO tina, either of them may
determine the estate Hheneverhe piesses." The
tenants Ut canal Lands under these permits paw
M rent, aud no one denies that they can ahan-
don the land at their pleasure. aud that, as 10
them. 1t is simply AN estate at will
The faacy Of the above conclusions will be
more satisfactorily seen by reference 10 the va.
rl"us acts of the legislature upon this subject.
II is provided in an &C, of 1896. "'rha, in oil
cases where any person has heretofore entered
upon and occupied, or shall hereafter enter upon
and occupy, any lands, tenrnenrs. or heredIta-
men,s within this stale, by virtue OF any lease or
permit, from the United States or this state, such
persons, his, her or their heirs or assigns. may
have and maintain an action ofcjccimcnt against
any person who has or may enter upon such
lands, tenrmenis. or hereLltanents, without the
consent, Of such lessee, his, her, or their heirs or
asssnes; and proof Of the right of possession
shall he sufficient to authorize recovery."--
Ses. Lcws 1896, page rs.
| The tot 1897 provides for the appointment
Of two agents, and tina, THE saIh agen, shall
visit every person residing upon, or cul,iva,iug
any part Of The canal lands. and upon the eSccu-
ton Of a bond by any such person, as hercinsf
ter required, any one Of the agents is hereby au.
thorzed 10 deliver 10 such person written per.
NIT 10 remain upon the laud, or to continue
to cultivate tie same until the Said land
, Is advertised for sale by the state, free from
any charge Of rent. and TO use for fuel only the
timber and wood lying upon the ground,"-
Gales Sat. 1913.
Every person to whom permit is given as
aforesaid shall execute bind to the state of ILL.,
nois, with one or more responsible persons os
securities, in the penalty Of $500, conditioned
well and truly comply with the terms Of said
permit. and the provisions Of the law under
which the same was given, which law provides
First, that The person to whom the permit is Civ
en-, will not use any timber, or tree Of any de-
scription, standing or CROWN. on canal llnls,
for any purpose whatever; second, tha, be will
scripion. situated upon any canal lands, except
that described in tie permit; third. that he will
surrender the possessions OF the lands described
in the permit, to the asrn, OF the state. together
with oil Improvements thereon, whenever said
lands shall be advertised for sale fNh, that he
will not sell or transfer his right Of possession.
nor rent or lease the same f1r lAngcr time than
one year; sixth, that in case Of a violation OF
breach Of any condition upon which the permit
Is given, that the agent Of the state hall have
the right to take possession Of the promises, with
all improvements thereon. "-G0e's Noi. 1879
sec. 5.
Iii, is not technical reconsider The occupants as
tenants at will for the reason that they do not
pay rent, ye, tina, they had an n,ere,, in the
land previons TO any sdver,isemcn Mt for sale, no
one can doubt. The state has the services OF the
occupants in protecting the lands desc rbed in
the pern, from waste, and when their estates
determined by the above laws, the lands and i'm
provements are TO be surrendered to the agent
These are valuable considerations for which tn,
state agrees that the persons taking permits may
possess and occupy the lands described in them
until they are advertised for sale. Aud the con.
tract is simply this: the state agrees that A b
may occupy the following described lands, viz.
until il shall be advertised for sale In consider.
alton thereof, A b agrees that he will proiec.
improvements which he may make thereon.
Proof of this night Of possession is sufficient to
maintain an action Of ejec'men, sgains, any per.
son who has or may enter upon such lands, ten.
emcn,s, or Entertainments without the consen, of
such lessee, his, her, or their heirs and proof Of
the right Of possession shall be ssilicien, 10 au-
thorze a recovery.
The occupants are not considered by the stat.
utes as tenants Mt will, hut are expressly recog-
nized os persons holding GIL interest, and
are required to surrender the possession when
ever the lands shall be advertised. If,he legis.
lature in framing the statutes up, n this subject,
did not intend tia, the occupants should hold
any in,eres, in the lands, it certainly would not
have authorized them TO a'n'ain ejcctmenl for
or require them to surrender their possessions.
The statutes exclude the idea that the interests
which they hold are estates at will. as "un es-
tate at will is no, surrcnderablc, because it is at
the will of both parties and either party may
determine his will, without the furma,y Of
surrender" 4 CruiSs Dig. %. II The legislature
had intended to ,rea, the occupants under per-
mls MS tenants at will, i, would not have provl-
jed fnr surrender, ss such tenants would have
nothing 10 surrender to the state. The statute
provides, aud it is one Of the conditions upon
which the occupants entered, that they would
not sell or uasier their righ, Of possession. II
they have no fixed and certain interest, there is
nothing upon which this provision of the statute
can operate, as tenant Ut will has no, any as.
sisnabc interest. BY the terms of the contract,
between the state and the occupants, they hold
estates Of which they canno, he deprived, unles,
by voluntary surrender, until the lands shall be
advertised for sale.
The writer in the Cons'i,u,onnlis, says. "Tke
state has conveyed these lands To the trustees
she has done the very &C, which, above oil 9th.
ers, terminates an estate al will, only emitting