The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-18
Important to the Van Rensselaer, Tenants


Gardner at he last session Of the Const OF Ap
ssc fermig part Of our county or less Inte
rested. The case is Van Rengseasr ". snyder, when
10 recover his farm tor the payment OF The rent
der the law TO stosh dis tor rent what more
commonly known a. the fifteen day notice laS. On the
'rsl at The Circuit Judgment wen. sg.inst Snyder. An
appeal mace 10 the Supreme Coutt where judg
ment of ths Circuit sustained then case va,
taken to the Court Of Appeals where the Of ths
Coo-ts below we've affirmed
In COURT OF APPEALS.
Van Rensselaer, Snyd.r.-GARDNER c. J.-rhe
prov among other hipg for the pcymen OF the rent
reserved by the lessee, and then aeclaes that these
presents and every hi therein contained upon
express condition, that If su cen distress be
fou.d upon tire eises satisfy .ueh rent due and in
covenants heIeinbsfore aned upon the part of the
lessee, to be peiormed fulfilled and xept shall not be
hn ,un.a ed ans OF sns e, oe ana
end FRI a times thereafter shall be wful for the
grsrtor to enter &c The act Of 1870, chap 274 sbo
lhed distress for rent and provided that right
OF reentry s reserved antor in default OF suicen
cy Of eds wherecn to dssrain fer the salts ion sny
default in the payment o. such rent provided fifteen days
pIey notice in writing be given not <ithssnding
bere may be . sufficiently OF 60 ds on the lands
described &C. 1t is claimed by the def ndant hist this
act IL unconstitutional, rs impar1ng ths Obligations of
the grant not equivalent for sufficient property to
satisfy the rent They property, not only suf
ceD in kind and value for that pur poHe but watch in
salts action OF the rent In arrears They include the idea
Of existing legal emedy well as OF property subject
to IT,. this the force OF that preston the parties
TO the grant must be presumed TO have contrsssd in
reference TO The power END right of the Legislature to
Ihs effect Of asoisbipg si,tress for rect by statute
woue Lot be to cnsnge the contract but to render tbs
Performance Of the stipulated conditioa impossible The
tenant might bsve any assgaa amount of personal
property upon the premises, but he could not the
passage of the ac have sufficient cistress" as the
parties contracted Ia reference TO the possibility
that tie Legislature might exercise the undoubt-
ed power whioh they possess this particular
ensoy neither should be concluded by tie pre- Use erns
oi their contract The tenant ought not 70 loe his
estate by the roDpeo1mhnee Of the copoi'ia suose
auert ulon which It on the demise made dependant,
ought the sndlorc to oe deprived Of resort to any
ises remedy to emf payment OF the rent which toe
wisdom Of the legislature might substitute in place Of
the one mentioned implied iu the sgre snent This
to me, thu stios Of the parties at tbe
Of the suit. The tenant hsd covsnaned
vel ant the grantcr might re enter The landoIds re-
mtdy upon breach Of b:s coDdi ion was proceeding
at eomnon law The lsses rad also g sis eed 'as me
fund pen the premises 20 satisfy the rent snd u not
the eaner might ents- for tba cause also For failure
in ts par cua the landlord could pceed AZ common
IA ~ O. under tie statute q H. s., 697. Then the
Law Of 1886. Tie right to distran was abolished
There could therefore be no sufa,ient distress
upon or OF the premises This tenant could not comply
with con6it which contemplated the continuance OF
thety o. he Legislature he was therefore, exc lsed
perfo nance, but he could pay the rent thfs
tba' effect that the landlord might re-euter The
,tneoy given to all leases, which contain nant
Of le.enty for want Of sufficient distress, fIr rent 10
hut ii Is not gsapted because the lessee tailed TO
fulfil hat particular condition, but becsuse he failed to
sy his rent. The character OF the grant or demise in
his respect is used to designate the Of
which the law is applicable But TINS reference
effects he contract than the statute had incnded a
,esses in writing The law, therefore, In not obnoxious
70 the orisction Of imparDg the obligation OF the
hact The sereement OF the parties embraced in its
provisions. the legal remedy for the recovery OF
rent that of distress. To make this remedy
svsisbe the tenant covenantsd that after de-
fault IN The payment he would keep sufficient dis
trees" uoou the premises The law OF 1915 deprived the
ancord t the power to dsrsin and the teusnt Of his
power consequently to comply with his agreement But
It provided new remeoy In cases where right OF re-
entry reserved TO enforce the collection OF the debt
due the lsndloYd. Thi ordisay and proper OK
erce Of legislative power unless individuals by contract
legal remedy In spite OF the Legislature
which IL absurd. 40 objections have been made TO
knowledge the constituuonaity Of the act authorizing
summary proceedings to the posses ion Of land
and vet the cub Of the % section alo the removal
the for he ment Of rent where ne shall
hAve tsien the beneft at insolvent ls- 5l3,
cub and g. TIE right thus gwen TO the land rd 20 re-
gain possession inde encent OF the contract and 30
IL the ecy In tho present case The judgment Of ths
SUP rem Court ehan be affirmed.