, 1875-02-07

the landlord, then, it he be one o
the many shSlocks fand such LAWS Al
likely to breed them), woe to the unlucky tan
ant. II in favor Of the tenant and he be of tn!
dead-boat order. tho landlord is at his mercy
Where shall the line be drawn? My reply woule
be: Protect that interest which ia least able te
protect itself; but no further than is requisite
to place each upou an equal footing. There leave
them, before the law, the eame as nl other
debtors and creditors
Which is the "wcaker yessel7" Clearly, as q
genera! rule the tenant. He must have shelter,
The landlord may decline to give it
him.. and can exact his own terms,
and it is as much his duty to know who ho is
! leasing to as for the merchant to know to whom
he sells his goods, aud what his prospects are
| for pay; and no law should relieve him Of this
responsibility, as apprebend this 81 first lien VI
| would do largely.
In case Of tenant meeting with misfortune,
| with the leaae Of house on his hands.
aad q -sh5lock for . landlord, WITH the
tenant would get little reliet until the "hammcr
yalue' Of his chattcls had been exhausted. It
would be in tue interests OF such man to hold
ho could, knowing that in tho end he could sell
him out and get his dues. This would not be so
bad II his effects were sold 1T anything near
their ralue, but s1c. is not the case. as al who
have experienced the ravaees of the anctionoer's
! hammer too we'll know. Nor would it be 80 up-
! just to the tenant if there were some way in
| which, when placed in such n position, he
| could free himself. But lie cannot; there stands
| his lease, and, no matter how unfortunate, he
must if the landlord refuses to release him, stay
| it out oven though ho 1ose Als ALL
| Permit me to suggest what appears to me- to
| moro nearly reach tho equities Of the case. Let
tho law be, ia out'ino, AZ follows;
!. That 1t shall be unlawful for any person to
cumstances be shall waiyo any or all rights ho
ma. or ehall possess, by virtue Of the
laws Of the State known as exemption
laws;" and that, ii any such contract
shall be entered into BY any person or persons,
the same so far as relates to such " Exemption
laws and waiver shall be ''de facto, - vo.d aud
Of no effect.
2. That either party to contract for
leaseno!d. for the sole purpose Of residence or
homestead, whether the contract be written or
verbal, for one year or more, may, at his option,
terminate the game BY giving to the othez party
written notice to that effect. (As to how long
this term Of notice should be. jnstica would seem
to say that it should vary with tho length Of time
tue premises wcle occupied; party. who had
lived ln house ten years, ought to be
entitled to mora consideration than it only for
year or lcsa, and should recommend rs tho
minimum time OF notice that it be two months,
and one additional month for each two years OF
occupancy after the first year. Thus, it party
had lived in house one year orlesa the required :
time OF notice would bo tNo months; il three
years, three months; if ten years, Blk months
if shorter torms than one year, less time.)
s. That should the Lessor wish to terminate q
lease and recover possession Of his premises By
giving tho lessee notice las above), said notice
mar be gwen at my timo prior to ten days ucxt
preceding tho first day iu any mouth. aud the
term of such notice shall begin to coun: ON and
from that fast dav of the month next after no.
tice and from and after that day, the lessor
sha1 have IS first lien" ETC., on the property
OF the lessee, to SECURE all amounts that may
thereafter accrue and become duo TO tho leseor,
by reason Of the holding the premises proyld-
Cd, that the lessee may yacate and surrender sad
premises any time within the time specified in
said notice when, If lie has paid auch amounts
az. may have accrued sincc notice to quit, then |
shall ho be released from further responsibility,
and the Lien cease.
expiration of the time given to quit il the lessee
still hold, against the Will of tho lessor, that he
be brought up upon short notice to show cause |
why he bc not at once cjocted: aad in case OF |
made to give bonds or security, ETC., which snail
not orly satisfy the Justice but the landlord /
too.
5. That should the lesseo wish to terminate ]
and give up the lease, notice must be given to
tie lessor (the Same as above in third clause), |
and he shall be liable for the rent Of the premi-
ses to tho end Of the :ern1, whether occupying
or not.
It may be said that this wonld unsett's all ten
ancy and result III constant changes. On the |
contrary, I think the reverse would be the fact
1t would ultimately do away with that great
curse, not on1y to tenants. but to landlords-the
periodical May moving" which creates an un-
healthy state Of the t'house market" By creating
an artificial demand a,d forces tenants to ac-
ceps tcnsments which, aud landlords tenants
whom, neither. uudor different and more healthy
conditions, would do.
The tenant having more time, and beng under