New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-26

TO grind their grain in his MI; and to give him
portion of the purchase money in case they sold
any of their produce No one was a. liberty to fish
or hunt within the manor without his permission.
He was the legal heir Of all intestates. Tenants
were required to take an oath Of featy to the Pa
troon. In .hort if these tenures were not fsuda,
| then there is no meaning in words.
III. By the terms Of the surrender Of this Colo
ny to Great Britain (Sept. 9, 1861 it was agreed
that the Dutch here shall enjoy all their own Gus
| toms and inhertances." So these feuds institu-
tons and privileges were maintained under English
| rule. And thus New-York remained q colony sub
ject to feudal tenurei in spite Of varou, efforts 10
abrogate or modify them, down TO the Revolution,
subject Of course, to the general provisions Of En-.
gEsh law.
". Now England, by the famous statute Of
Edward l., passed A. D. 1890, entitled "Qaia
Emptores," from it, opening words, absolutely pro-
hbited subinfeudatiOn, or the creation Of subordi
| nate fefs. Prior 10 that act, A., who held
county Of the Crown as Duke or Baron, might ap
portion it 70 B., c. and D., his vassas tenants or
feudsl retainers, who might each parcel out bis
share in tuin to E. F., G., &C., his retainer', i'm
posing on them severslly feuda conditions obliga
tons toward himself similar to, or even severe
and humiliating than, those exacted of himself BY
the lord paramount. But, by the statute Qaia
Emptores, all this was forbidden, and thereafter
any freeman might sell and convey his estate or in
terest in airy lands held by hun; but he could
create or exact no feudal incidents as respected
himself; but the new tenant, vassal or feofee, no
mater what were the conditions of the new fef,
should hold Of the chief lord, and hold "by the
"same services or customs as bis feofor held them
before" This statute was intended to buttress
and for;ify tie feudal system; but its ultimate
effect was to limit, eneebe, and all but destroy it.
Under ts operation, hardly new fef was or could
be created, while the Old ones were constantly
falling in by failure of heirs, until the result is as
we see.
V. The form of conveyance to the so-called
tenants on the manor of Rensselearwyck was
grant in fee under the name of a lease, with the
reservation Of quitrent and certain feudal incl
dents. The words of the grant were-"hat
"gaLted bargained, sold, remised, released, con-
90 frmed, and by these presents doth grant, bar
"gain, sell, remise, release, and cOnfirm"-a!ter
which followed the reservation Of all mines and
minerals, all creeks kills, streams and rivers Of
water, and the soil under the water with the pryi
lege of working the mines and building mills and
dams, and using as much of the land aud timber
upon the premises az was needful for this purpose,
&C., and closing as follows" To have and to hold
"the said farm piece or parcel of land with all the
"appurtenances Except as hereinbefore excepted),
"unto the said party Of the second part his heirsand
"assgns, to the only proper use and behoof of the
"said party of the second part his heirs and assigns
"for ever" These are the words by which an abso-
Lutte fee simple is or may be conveyed and passed.
The consideration specified is the payment of the
reserved rent sOcalled and the covenants and con-
ditions stipulated in the instrument. The grantee
or tenant covenants to pay all taxes and assess.
ments In addition to the rent payable ID whcat),
the so.caed tenant is generally required to pay the
landlord one quarter of the consideration for which
his lease or premises may at any time be sold.
Those convey ances which do not contain this stpu-
lation exact double rent on each transfer OF the
property In case Of failure on the grantees part
TO fulfill any Of these conditions, the landlord may
reenter upon and repossess the estate. Such are
substantially the instruments under which large
portions Of Albany, Rensselaer,, Columbia, Greene,
Ulster, Sullivan, Delaware, Schoharie, Montgomery,
Schenectady, Oneida, Herkimer &c, were recent
ly held, as in good part they are to this day.
W. The late Stephen Van Rensselaer, PATRON
Of the Manor Of Rensselaerwyck, embracing most
of the Counties of Albany and Rensselaer,, was a
minor during our Revolutionary struggle, and came
te his majority about the year 1875. The laws of
entail and primogeniture under which he inherited
this great patrimCny were abolished in 1856. The
outstanding lease, were recalled and new ones sub.
sttu,ed within few years following his majority.
The terms of these new leases were probably
Intended to conform to or evade the provisions Of
the "Act concerning Tenures,' passed in 1857.
VII. The Legislature of our State in 1879 en-
acted that the right of Eminent Domain resides in
the People, and that all land is held Of them, as
England under Charles II. had declared all her lands
alodial aud held of the Crown. In 1881, subse-
quent Legislature abolished the feudl System and
All its incidents And our Court Of Appeals has
recently decided (in Depeyster against Michel 2
Seldep, 467l that reservation Of quarter-sale in
lea.e made since l779 is invalid, being repugnant to
the acts Of I779 and 1857 Aforesaid. The Court
confined its decisiOn to quartefsal their validity
being the question before it; but the grounds of
the decision cover all eudal incidents and exactions
whatever. And it is to be noted that the Legisla-
ture of 1737 was the sovereign power, the Federal
Constitution not having then been adopted.
VIII. Jbe rule of law recognized by our Courts
(see Delaney against Coming, selden, y appears
to be that grant in fee is good though coupled
with illegal esndtions-tha. whoever grants in sse
=, mt. bis whole estate in the premises asd cannot