New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-05

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ran rements accordingly and why an thGs disturbed
IN my rights What Is the trespasse!s answer lie L
TUNED over 70 hs contract and shown Wirs tls iu'
Is rsserTcd More than ihs He sees Hnpther on'ruIe
IN HI few ar~rF Of WOOD land which ne had guarded
and watched Se the apple OF MS eye 70 supply h.e
with timber and fuel cutting down and making err.hs
havoc eraong the timber thus carefully preserved ana
that 700 without any regard . me waste ne is commit!
ting BE again demonstrates ana receives lot frpy
ook 10 or contract such Is the bond lou VIII nd
all this reserved He goes 10 the landlord ana Is lou-
go, o,hinr 70 do with i'll nave sold this privilege
N another man he who claims IL. l will deduct
te rent upon the number OF acres OF whicn you are
deprveGtnis ID all mat Is required oil me oy tle '4s
Of your lease And THIS IS a.! Inc satisfaction tue 'sHa.
can gain by MS remonstrance or complaints ask II
This s nor calculated excite such an Individual MS
family aud al his Deignbors, and would not "hoe
community almost Involuntary rise up IN defence OF
man so injured admit that many OF the evils mgh:
have been svojed-especially in relation 70 quarter
sales If proper construction had been given 10 our
statute OF rerures Quarter sales are opposed ~ inc
yvh u of that statute and ought never TO have re-
ceived the sanction OF Courts The decisions "acn
have been made recognizing tue validity OF quarter
sale. vril not hear the of examination.
Mr. Barnard stated that some OF these tenants in
very few years became possessed o. property 10 the
amount OF 81 500 or 81 600 cannot believe th!s.
am not much over 40 years old, and yet recuect Wen
the sale of one of the best farms in the town IN ~ncn
resided Of 100 acres with s,nati dwelling houses
upon IL for $500 That may have been the case very
near upon the borders OF tne river Dut co'a ot d.
any considerable distance from IT, nor over the manor
generally he has been misinioried The tenants took
tis land thinking they conld only obtain COCA tie u
lands under landlord, while az the same une ;aey
Iniaht have purchased the fee in Pittstown and other
towns for about the amount OF tue annual rent they
agreed pay tae manor. From l7iO 10 ITO lands
could BE- bought any OF the ueighborng counties Tor
from ? 10 25c. per acre.
Now what other rights has the landlord in addition to
ell that have been rnertioned The right OF distress
and VIVA, tina, right Upon his affidavit OF rent being
due TO him, the landlord !ssne warrant Waereoy Tue
proaery Of the tenant may be taken advertised and
sold NJ Barnard says This ia nothing more than tue
attachment law Of Massachusetts! Is This so TO be
sure man may there attach property but ne must sub
seuuently obtain judgment before he can sell IL de Is
still under the control of the Court out OF winch the
process issues and under the direction Of that Court he
must await the decision Of Jury and obtain Judgment
the verdict OF thar Jury and fnay alter al! these
proceedings only can execution issue Il Is not SO
with the whose property mag be at once seized
and sold The affidavit o. the claiman;-tnis andaVn
and warrant verng in the place of process all pro-
ceedings b. the Cour. final judgment and execution
Then the right Of action the covenants IN me leases
-agans: not only the original lessee but all MS asssnees
The landlord may not only pursue the lessee during MS
m and then hs personal representatives long pro-
perty Of the lessee can be traced in their hands but bis
assigns however numerous irresponsible TO him or
his heirs O: assgne There may have been one ten or
twenty divisions and yet he may prosecute aha coect
Of every assignee Such ID tie decision Ut our courts
Now come the condtons.-lt the tenant violates tue
siehest condition Of his lease he oreits the whole II
he should erect building upon sream-no matter
whether the landlord any under him occupies or
desires 10 occupy i no-and approprintes the water
for the ritng purpOse-fOT the mere turning or
endsouc it works forfeiture Of the lease and so OF
auy other the slightest violation Of its conditions. There
are other difficulties connected with these leases. sup
pose farm TO be divided Up into two or three persas
is usual-sometnes twenty The question recurs how
shall the rent be app0rli0utd Our statute OF enurcs
has been almost wholly abolished by our courts That
provided that these the rent should DC ap
yortoned according 10 the quantity OF land. Now on
this manor oae the .cs5eu5 c4notpAy rent and get his
discharge suy of the rest nave neglected 20 pay anu
the landlord canuot discharge MIN according INC de
a. NIGI |I sfHg = -
(Iiere Nh. ii. yielded the loor, and The House ad.
jOuTaed9
Mr. HAYNFK resumed -. When | yielded the
floor on Saturday last was considering tie question
how this matter affected provided the ofgi
nal easad property was divided into parts wish to
present another consideration connected with mat qnes
on. have already stated that IL man who holds one
the subdivisions under these tenurcs desires 10 pur
chase his portion OF the rents and reservations con
in the original leaee ihs difficulty presents itscf
one of the psr cauuot be released unless all the
parties to the property covered by lhe original lease
sent, otherwise if is released, all are equally go.
VINO part OF farm aud desires TO purchase
the atoms contained IN the lease under "nich
he holds should be permitted to do without obtaining
the conecnt vi all his coassignees There should Ge
some statutory provision such Some act
should be framed by this Legislature 10 meet this diff
Guilty which has presented Itself frequently In my pro-
iessiona avOcaons. This is one OF the incidents whcn
belong this kind OF enures ana is source OF ses'
embarrassment il the way o making convoyances IN
der such circumstances OF ready and tree alienation
OF real estate thus held.
will nov return to another point 70 which have
barely alluded and that Is the quarter sales or nnes Tor
alienation Is their character Ihese quar-
ter sales only cd things under new name and were
much better understood feuda times than now. and
much better by gentlemen IN ms section q Inc state
har, attention has been called them, than IN more
remote portions The attention of tins Legislature was
early called the subject Of these lines for alienation
Public attention in Lug.and was also early called III the
sake direction Aad by the act u Charles I'd, passed
in 1860 they formally abolished. Substantially tue
same act was passed by the Legislature OF this Stale
in l?s7. usuay called the statute OF tenures ms IL
will observed 10 years after the adoption OF the
frs, Constitution of this State The second section OF
this act 20 which shall feer. again enacted in 1913,
and previous 10 that time go that 1t mas been sane
toned three times by the Legislature OF this State
And thai all fines for alienation and seizures and pardons
for alienation thR! and hereby kewise declared
be taken awsy and discharged ZION! Inc 'o!h August
1854"
This act from the time Of its original passage in Eng
land which years prior the time the terrific
~ now comprehended within the limits OF this state be-
came English colony (E lI1i) totally sorcgated THIS
incident of feudel tenure.
And highly did the people Of England esteem be
beneficial effects OF iha Hc that was called the second
Magma Charta And why Because fines for alienation
were accounted such Unjusisble interference with
the rights OF he ers Of the soil co Injurious TO ne N
teIests Of commerce. and threw many difficulties IN
TIE way Of the process otree alienation that the people
of England hailed il as mighty advance in the progress
of free principles and enlightened jurisprudence iAls
only considered measure OF wise pub
lie pOCy DGt OF puOlc justice 10
land and do not find that i, atteup pied to be
evaded by the English by giving II construction
contrary TO the intention Of the law makers the
ground that it unwsrrantabe interference with
the obligation ofcontrac;s.
But hat have the Courts of this State done rea-
ton 10 the OF They have held that
does apply TO contracts made tenures created al
ter its enactment and therefore must apply 10 con-
tracts or tenures existence the time of passage
Now this is certainly wrong construction OF the act for
every lawyer will recognize the principle thG
IN ralar n
class OF the community. such contracts made By
them as are in derogaon OF tee policy OF the Govern
ment or in courayenton OF the spirit OF lis institutions,
and law is passed sboishins such contracts or such
Of private conduct though the act not prospec
tive In is terms yet such construction should De given
shall make operate p-o:pect.vely and render
all acts in violation OF It's spirit void.
There are many contracts void a, common law with
any legislative ensctnentall contracts IN violation
OF morality good order contract 10 commit felony
assaul; and battery and contracts prohibiting cit
zen from pursuing particular trade or occupation WITH.
This State void against the policy OF the laws
although ths should be upon the payment OF
al ample consideration the person prohibited For