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

il
OF tenancy At will, or more properly q ten
ancy from year TO year, because practically
we have NO tenancies at Will, strictly speaking,
and because find q vast amonnt OF real es-
tate is now held In this District by that tenure
known as a tenancy from year to year. Such
tenancies existing on the 18th OF July last can
not be terminated by & notice OF thirty days,
but requires q notice OF six m Onths to be given
prior to the expiration of the yearly tenancy.
The first section further provides that an oc-
cupatiou, possession or holding Or any real
estate without express contract or lease shall
De deemed 10 be tenancy by suHrrance, and
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 81 suferanca.
We have. thus, Two species OF tenancies men,
tout d ihIs fIrst section, one OF which is de-
clars ii to be Il tenancy at Will, and the other it
Is d. dared shall be 'sdeemed and held to be"
a IL ancy az suferance ana those tenancies
thus defined, arising in the way mentioned in
this first section after the 18th OF uly, 1851 may
be terminated or put an end TO by notice In
writing of thirty days served upon tenant,
&c All tPnanCies arising in the mode men
toned in this first section ana coutiu uing after
the ith OF July I-6l, that IL, after the passage
Of the act in question, can only be terminated
IN the manner prescribed by the law as IL ex-
listed prior 20 The passage OF the act OF uly ith
AMI when so terminated, the landlord may
proceed aga ust the tenant 10 recover posses
si"h ACCORDING 10 the PROVISIONS OF the second
80, lion OF tie act
II will be seen that the distinctive character
in the fret se,tiun is that the termination of
the tenancy is not fixed by Tie agreement of the
CuT ties OF by implication OF law.
q NAV remark here, that a TENANCY arising or
created Ia aLy OF the modes mentioned in the
irst section of the act would not, i'll the alb
seuce Of that act. he held either a tenancy at
Will or at sufierenee, but simply a tenancy
from year 10 year, would have required q
Iouce Of six months TO terminate IT,
The argument has been ingeniously pressed
upon tie Court, that because the Act provides
that 4 tenancy arising or created III the way
men TONED therein, shall b6 deemed ana heto
to be 8 tenancy a. sufference, which could
only be terminated oy q notice OF thirty days, IL
followed thata tenant by sufference properly so
known before the passage of this act, could nor
be proceeded against under the provisions OIL
the second section without first having been
served with thirty days notice 10 quit Such
q construction OF this statute would nuilify
the plain aud express provisions OF the second
section OF the act and deprive the statute Of LII
us remedial character.
The only embarrassment 10 the constru C ton
of this first s"ctioR arises in the usp OF the Tau
gaage, that " mere the hold ing is by contract or
lease, the terms OF which have expired, it shall
ne deemed and held 70 be- g tenancy at suffer
ance. Now, prior 10 the passage of this act, a
tenancy at sufTerance arose, or was create d, in
one way Only. tenant 81 suferance, says