New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-06

u, ID.
AIR EAYNHR resumed. =. " hca l yielded the
floor last, -as about 70 make few remarks respecting
the law regarding in this stare ana the
construction which had put upon The acts OF this
State respecting these terures IL England certain con
strrcon OF and euurs had neen adopted and
it very nstural, mad adopted the common law
OF that country that should also adOp. the rules
OF construction and that should faii into The
current with the English decisions. But the Legislature
oiths State adopted liberal views. They framed
alter the law of descent, and abolish the law Of
prmogenue, and provided that entaed estates should
be converted into estates in lee Military tenures and
their incidents were abolished in the law of l7S7 That
statute presented TO the courts tar opportunity by
just and liberal construction of s provisions entirely
a5.ogaie the by which the people op-
pressed and Of which they complain this section OF
The State Not only might they have extnguished what
were in estence but also nave prevented the creston
of AM more in this State equally oneFous and oppressive
with any of the original class II England which were
abolished by the statute of 1860.
But the doctrine OF the equality Of civil privileges was
not thoroughly e. and understood by courts then
now /! that statute 10 receive It's construction
now, courts would give another. different and
more liberal construction than Il has received Then
landlord, owning naner possessed power and inau.
ence which. though not directly, wRs telt- and
brought to bear upon the courts DO not charge them
with corruption. II was natural when they had mbibed
the spirit OF English construction thst they should follow
the decisions OF tina. time. Landlords then held in
greser estimation then tae tenants under them TIE
rights Of the landlord were regarded with consider
Rtlon aud held sacred Covenants favorable TO
the tenants were not so avOrhoy construed as those
the side of the landlord Many leases contain covenants
which gave the their heirs and aasgns the
privilege timbsr upon unaPpropristed laudr for
fencing building and iue and also the light OF pasurage
How have such covenants been construed After
divided 60 and sold did the heirs and assigns
retain these rights Not at all. Courts decided that Il
any division, OF the parties interested
had right 70 cut timber OF enjoy pastutsge But
the other hand that oious Of al the features guar
ter sales hnes for alienation. held 10 with
AL their upon all who held under Inc original
ant matter into how many portions tas property had
been divided And this although b. four sales
ers the landlord would receive the entire value of the
property.
have before referred to toe article written 6y Dir.
Barnard on what heis pleased 20 call The Rent Move
men, will again refer TO L do not think that TIE
gentleman from Putnam (Mr Bailey and myself differ
IN our opinions OF this Review
"Sad Plato law IL the God OF wise icendousness
ia he Gcd OF fools We IN this country the psmpered
children of liberty strange that some Of US should
be spoiled children The family government to winch we
are the Republican household Is OF so WIG no!
10 say loose characi-; parishes 30 E1ueh OF the indu
genee pracised by fond and doing Psrens-ws our
selves have so mich say about wha! resanH sns o.
shall not be imposed looked upoa and talked
about IN hoaHg such prodges thai the only voadsf
pshsPs In the case should bs thai we should hs7o grown