Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-02-27
LOCAL NEWS.
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taSttn-in the case OF landlord and tenant,
Miner Ns. icnnsou, Jutge Cartier this morai1g
| delivered The following important decision:
Ncaem'Gh II. A,tier rs. CGshertae II. Johnson,
pe1s'7oa jar cer0TarI-The petition for car toI ar
Iii this case Is eased upon the simple and single
question, Nv neither tenancy from month 10
month Is within the language aud Significance
OF The statute OF Maryland, passed i191," CHAP.
43 " hIch statute contains the following Ian.
erage:
In all cases where lands. and tenements, or
messuages are let, or leased for one or more
ysals, or at will AID the lessor or lessons, their
heiis. e1eeu tors. administrators, or assigns,
shall be cesiIous to have, aud possess &c the
remedy which IL sought in this case becomes
applicable
Is, therefore, a tenancy from m onth to month
clancy for one of more ears, or at will! Ii
l. Lot PIE tended in the issue or argument that
1t Is @ tenancy at will. Ii within the statute IL
must he a teLacy tor one more years.
According TO the terms OF the statute, and in
the ordinary significance of those teens, a tan
ancy from month to month Is as dissimiiar
frCm a tenancy Tor one or more years as twelve
mGn hs is greater than one. We are therefore
to derive light from the literal siguific IN -
OF the phraseelogy but on the contrary are
forced to look for construction apparent
~ violation of the literal signif1 cancs OF tha
legal phrase of the statute. If tenancy from
month 10 month Is tenancy for one OF more
years, IL must he made so by virtue of the ar
tIStic lei al Identification of terms 5aHder the cou-
siructicu of tiue a departure from thu literal
significance OF terms must be sought Tor All
IIstfed III tie phTaseoioey OF the la " under
tie construction Il its legal expounders. An
important clement en- tering into the constru3.
on that have frit myself compelled to ri Ye
Is The remedial char ctsr of this sLatuta
Its a maxim well known to the profe ssion,
that it be comes the duty OF the Judge to r4ndsT
the terms OF remedial statute, subordinate,
ins oar as possible, 10 the OBJECTS which the
leGis latufe bad in view. The object of this
stotDte 10 giyea brief and summary rem
coy 20 the claimants OF estates as against pos
LEES ' oa Of
COZ template of this remedy, apparently from
the reason OF the staiu'a. would be brought
within us cure in proportion as the term was
shortened IT s. summary remedy uDoa q
months notice Is applicable to estate for one
" ar or moTe-d fGciori more applicable to an
estate IRON month 10 mouth. To adopt any
other conclusion compeis the alternative OF
providing remedy Indefinitely longer than
Il e Term itself The reason, therefore, Of this
proceeding, i in possible harmony with irs
phraseology, would he to appropriate the ram
ICY 10 all estates of less duration than a year:
| ut are not without the light of Authority
in steking the rattDnaie of the statute under tue
tmharrassmenis OF its phraseoogy.
T. We find in the case OF John Tay loa, plaintiff
in error, rs. Ed ward Thompson lessee, de.
fsndant in error, reported IN 5th Peters, the
doctrine laid down as applicable to re medal
statute, that the statute OF 5th George, tae I'd,
chapter 9Th, auth orizig the execution of CD ~
tt's in favor of British rchants, by construc-
ton under the necessity of the rrtneIv ey-
tsnded to all creditors, whether British mar.
chants no. The argument of the Court in
that case rests npon tie necessities of the lso-
pie, and their ioag aCGui ,sceuce in the !
s'rDCiion. The prodHct ri Lht vo prop lsi,ioHs,
the Supreme Curt of the u. s. ftha r1n n adi-
ale and Alternate sup rtntendent otthe op,aioas
OF ftls CuurD has pronounced to be Ia W and
while am not disposed engraft upoa the
exposition, and The administration OF til. law
the attributes and Ell menis OF legislation, | I'm
compelled to ackao Epstgf the wisdom of this
c. c,sICn. ana IL l. as authority
II a atate in terms, exclusively con finad to
/ I! e he neft Of tie home merchants OF England,
can be Gems 'Tn@d 10 depart 1, ON IT. VA phra-
seolofy, AND % extended 10 creditors OF the col.
oniss, no. at haf pri ind were reg irded as ap-
prentice of right. by how mu h gceater s-as5n
ne 'atute under conSiierat o i be extandai
to the IS ats con ia the present cersi-
OF All. That statute HAD its own limitation 10
PERSONS in gwen habliation The present
statute IS merely confused by the Intricate
IhTaseoloey OF the I-w relating to estatas-a
PIN asf o]usy that has received its inteil -ibIa
character more through the adjudication of
CCUTts than the lang aga OF iSgis lat on.
En-, fortunately Tor the consideration OF thu
pIFsrnt question and case, he sama rprion an
The sane retIon Of authority has Civ n us an
inter pretat OF the diffic II les I. will h..
TOM ii as long hack as 10 wears ago. Littlpron
declare upon the iagic Of t - Inv os tue rem.
edv tn hi an estate for half year. quarter year
month, week, or less, al ST .ta from one
year CT more, ard should T"crive 4 the no n
eiciatuTe OF Jurisprudence the baptism of a
tenarty from yea' TO year; and we find in a
modem author ihe au shortty that the legal
prophecy of LittletSn has come down to orr
own period unai. cred. Thar it has to diy the
fIe sEness at d uuimpaired force tn 1T il had in
tbt cay OF lis GtteraL CO.
hateFer may be my own opinion, nuen-
e. Ph1tEFd by authority ard precedent OF this
irnc' ust IN process OF ienetaentng out and
cutting of l~es, IL Is sufficient that am salts.
fed Tat he tas correctly interpreted the estate
in IFS judicial history. acqusscauce and nsa 70
Cor 10 ears in the community III which am
called iudirialiy 10 preside over. his sauetifiad
this construction OF the tatute making law az
sacred TO the rights aud obligations OF its Cit.
zens as thoneh IL had been in sensible terms
well defGed. and without further reference to
ruLfcrIti, :, l pronounce The unanimous opin-
lou of this court thst the remedies OF the statota
OF i:aa are as applicable 10 ali possessions OF a
tei m less MN ear as one or more wears; and
under this conviction the csrtiorari is therefore
dismissed.
FUNERAL OF THRI.AFEJ acoE GIDsos.-aha
funeral t tie late Jacob Gideon took pl ice
Yesterday afternoon, from his residence on .th
street rear +. ana q largely attended,, es-
pe.ial'y nv his a~sd frisndS, here being per.
halss a larser nm'uher OF older persons present
than was ever gathered he FORE in this city on n
similar OCCASION. The corpse was remarkably
lie. like and was placed in coffin covered with
hlatk-cloth with SILVER nounrings and plate,
ccniairing the rame, date of death aud age of
TIE deceased, and on il was :. beautiful wreath
The funeral s'ryices were coud acted by the
Rev. Dr. Sunderland. who read appropri-
ate portion IF The Scriptures. SD IKE aftrctingiy
8! The life and character OF ihe d"cees. =, after
which prsyer was offered up ny Rev Er. p D.
Guriey OF the New York avenue Church and
the solemn Ctrtege wendell its way to the Con.
rsssionai Cemetery where the rem aims were
DIR Vim. GrEton. James Adams. Mavor Wal.
lat b. DIR T. ii. Nichols, D. W Middleton, Col
w. p Young, aud Thomas Danoho acted as
pail b. arers. he Columbian Topographic Il
Society with he hand of ths I'd District regi.
ment escorted the remains, and am Dug the at
t-Ldsnts We're several ex- Mayors of the Citye
Ma, Addison Of Georgetown, the Commits.
scnPls of Police and the Officers of the Courts
To morrow funeral sermon viii he preached
in The Az street Presbyterian Church.
THE BALTIMORE CONFERENCE.-THE Balti-
mere Annual Conference of the Methodist
2 Episcopal, Church composed OF the minister's
of Baltimore DtsIieI, WASHINGTON District,
and that part OF Eirginia District which EN-.
braces Alexandria, Rockville circuit, Mont
,iomery circuit. Hsrper's Ferry, Marnnsburg,
Berkeley Spring circuit, and New Greek cir
cult, Will asse mbissht Wesley Chapel on We'd
III stay morning next, at o clock. Rev. Bish-
OPP Scott will preside. 1t is expected that saw
erai ms rl bers OF the Conference VINO las. year
were at heir posts in v ireinia and were una.
bic to reach the Con ferance On account of the
state of the country, bat who have managed
10 return will answer to their names at this
CcnfaIepca. Under the two years rule 1t ix
hot no $nf Iii hq tn