Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-11-22
LOCAL NEWS.
AMUsIMlNTs TONIGHT

but four Of the disting uished American actor,
eminent artistic, Mrs J. ". W ailaek, to. night,
IN the stirring and romantic play entitled "Roo
Roy" IN a cast OF characters displaying the
1uil strength of the powerful stock company.
Tomorrow evening, the great play entitled the
si King OF the Commons" Thursday, grand
Holiday Matinee.
CxPoRD HALL This Is the grand Inaugural
ton week at this splendid hall, and last night
1t was crowded to OVERLOOKING notwithstand.
ing the rainy and disagreeable weather The
acting, music, and dancing is excellent. and
cannot fail to delight all who may drep m 10
spend al evening with them.
WAsBINGToS THEATRR-Tbe Grand Dia-
rama OF the Present War has proved a success
at the corner OF 18th and streets and is dra " .
ing full houses Go and see the fort blown MP
and the troops swallowed down 1t is really a
gigantic and exciting scene
FoRps THRATRR.-As this Is the last week
OF the "Seven Sisters" 1t would be well for
all VINO nave not seen it to attend. 1t is q
beautiful piece and MIR. John E. McDonough
and Miss Lolita are at home In their respective
Characters. GO and see the grand Zouave
march and Drill and hear the Union song
"RaIly Rsund the Flag" Two performances
on thanksgiving day-afternoon and evening
COMPLIMENTARY BALL TONIGHT Dom
forget the grand ball to- night at Temperance
Hall In honor OF Lincoln and Johnson. Tickets
can be had of any of the managers, but the
tickets are limited in number, so procure them
early
SRAToN HALL.-Sanderson' Minstrels give
two grand performances at this beautiful hall
on Thanksgiving day. They have a change of
programme for each perform ance and in every
change something new.
CANTERBURY HALL.-To-night James Mel.
vile and Sons and other performers.
LANDLoRR AND TESANT-An Important De.
cision Yesterday. in the Supreme Court,
Judge Olin made an important decision in the
case of W. II. SpauIding and VIM. Rapley
against E. ]. Hall and Il. ID. Waters, which Is
just now very important, as 1t defines the law
of landlord AMI tenant. The case came up on
an appeal from the decision OF Justice John.
son, and was argued at length by Mr. Walter
). Cox for Messrs Spaulding and Rapley and
messrs. Bradley and Bradley for the defend
ants.
The following are the facts in the case -
messrs. Hall md Waters held possession CT the
building situated at the northeast corner Of
the intersection OF west 18th and north
streets, in washington city, as the
tenants Of Mrs. Rebecca Scott, for the
unexpired part OF a term for three years,
created BY lease under seal. and ending on
the 30th cay OF June or LIST day Of July, A ID.
1854. About the 18th day OF June Mrs. Scott
executed snd delivered to Messrs Spauldng
and Rapley q lease under seal for the above
premises for q term of five years, beginning
upon the LIST day OF July last. No notice to
quit was served upon the tenants in posses
sion, nor any Act done by them recognizing
Spaulding and Rapley as their landlords; but
they held over possession after the expiration
ensuing, when they Were duly summoned,
upon complaint of Messrs. SpauIding and
Rapley, TO show cause why they withheld said
possession, &c. TN the trial of the case, JUS
tice johnson rendered Judgment for Messrs
Spaulding and Rapley, and the defendants ap-
pealed therefrom &C. the Supreme Court, where,
as above stated, The case was argued.
The following is the decision of Judge Olin:
The facts III this case involve the true con-
structlon and meaning Of the first and second
sections of the act entitled IAN act to regulate
nrDPppnlnQS ras VI annI an ND "A
ants, passed July 4th 1864.
Will proceed 10 give briefly nv construc-
ton OF the statute. am notinsensible, trust,
10 the Tast Importance OF this statute, to the
people OF this District, and that its provisions
be clearly understood both by landlords and
tenants, aod thus enable themselves to act un-
derstaDdingly in reference TO this subject
The first section provides that after the pas.
sage Of tie act thai is after the 4th Of July 1854,
no tenancy at will shall arise or be created
without AN express contract to that effect. A
tenant al will Is s'one who holds lands or tene.
ments let TO HIM by another at the will Of the
lessor" I'd Bl. Com AS 4th kent's Com. no
But this definition gives very imperfect
idea OF the ights and and obligations OF a land
lord and tel ant, between whom a tenancy at
Will subsists tenancyat will arose in every
case where one man leased lands or tenementS
to another and nc fixed period of time was
agreed upon at which the occupancy thereof
should cease.
l cannot better explain the nature of such a
tenancy than by quoting from the 4th vol. of
hents Com. PIP. 1fl-il2
Speaking OF estates at will, he says:-'It
was deter mined very aIciently by the common
law, and upon principles OF justice and policy
that estates at viii were equally at the will Of
both parties, and neither of them was permit.
ted to exercise his pleasure in wanton mFr.
ner and contrary 40 equity and good faith.
The lessor could not determine the estate after
the tenant mad soweu and before he had reaped
so as 10 prevent the necessary egress and re-
gTess to take away the implements. The pos
session OF the land OH which the crop is grow
ing continues in the tenant until the time OF
taking II arrives. Nor could the tenant be-
fore the period Of payment OF the rent arrived
determine the estate as TO cut of the landlord
from his rent. Estates at will in the strict
sense have become almost eXtiDguished under
the operation OF Judicial decisions Lord
Mansfield observed that an In finite quantity of
land in Eng land was holden without lease.
They were all therefore in technical sense
estates at WILL but such estates are said to
exist only notionally, and when no certain
term is agreed On they are construed 10 be ten
ances from year 10 year and each party is
bound TO give reasonable notice OF an Intention
to term ndie the estates.
The language OF the books now is that a
tenancy at Will cannot now arise without ex-
press grant or contract, and that all general
tenances are constructiyely tenancies from
year TO year. II the tenant holds over by con-
sent given either expressly or constructIvely
after the determination OF lease for years, il
is held 10 b. evidence OF new contract with
out any definite period, and is construed TO be
tenancy from year TO year. The moment the
tenant Is suffered by the landlord to enter on
the possession OF n new year there Is a tacit
renovation OF the contract for another year,
and q halt years notice 10 quit must be given
prior TO the end or the term"
have thus quoted at length this exposition
of 8 tenancy At will, or more properly ten
ancy from year TO year, because practically
we have NO tenances at Will, strictly speaking,
and because / find q vast amonnt Of real
tate is now held In this District by that tenure
known tenancy from year to year. Such
tenancies existing on the ith OF July last can
not be terminated by notice OF thirty days,
but equires q notice OF six months to be given
prior to the expiration Of the yearly tenancy.
The first section further provides that au oc-
cupatiou, possession or holding Of any real
estate without express contract or lease shall
be deemed TO be tenancy by suferance, aud
that the holding OF lands or tenements by con-
tract or lease the terms lit means tarm) of
which have has expired shall be deemed and
held 10 be q tenancy by or al sunerance.
We have. thus, Two species OF tenancies men
tIout q IN thIs tIrsI section, one OF which is de-
Clsrsd to be Il tenancy at Will, and the other it
Is q, ylared shall be ssdeemed and held to be-