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TITLE 3. Sec. 12. If jointure, etc., made without her assent, she to elect.

13. If provision in lieu of dower be made by will, to elect.
14. Deemed to have elected, unless she enter or sue, within a year.
15. Jointures, etc., in lieu of dower, forfeited in same cases as dower..
16. Acts of husband, judgments, etc., not to affect right to dower, etc.
17, Widow entitled to remain in husband's house 40 days.
18 to 24. [Repealed.]
25. Widow may bequeath crops growing in her dower land.

case of ex.

235.

Dower of SECTION 1. A widow shall be endowed of the third part of all widows.

the lands, whereof her husband was seised of an estate of inheritance, at any time during the marriage.

50 N. Y., 161, 164; 43 N. Y., 441 ; 56 Barb. 264; 3 Lans., 41; 4 Robt., 702 ; 1 T. & C., 58;

15 Abb., N.S., 230; 50 N.Y., 161; 53 N. Y., 298; 10 Hun, 194; 53 How. Pr. R., 97; 9 Hun, 514; 7 Abb. N. C., 236 ; 3 Redf., 34 ; 8 N. Y., 110; 5'N. Y., 394, 502; 4N. Y., 35 ; 23 Barb., 125: 18 Barb., 561 ; 15 Barb., 485; 13 Barb., 106 ; 12 Barb., 201, 637 ; 11 Barb., 152 ; 8 Barb., 401

; 6 Barb., 324 ; 3 Barb., 319 ;'1 Barb.. 399; 21 Wend., 60; 16 Wend., 617-622; 12 Wend., 66; 11 Wend., 592; 10 Wend., 486; 7 Paige, 259; 1 Paige, 634; 2 Denio, 430; 3 Edw., 437; 6 Johns. Ch. R., 258; Johns. Ch. R., 604; 13 Johns. R., 180; 2 Johns. R , 123; 7 Cow., 357 ; 5 Cow., 889; 1 Cow., 463 ; 31 How. Pr. R., 499; 28 Hun, 235 ; 30 Hun, 146, 555; 33 Hun, 76; 37 Hun, 227; 38 Hun, 560;

41 Hun, 488; 87 N. Y., 153.

[1 R. L., 56, § 1.] Widows of:

§ 2. The widow of any alien, who, at the time of his death, shall aliens.

be entitled by law to hold any real estate, if she be an inhabitant of 21 Wend., 62 ; 12 this state, at the time of such death, shall be entitled to dower, of Wend., 66 ; 5 Cow., 713; such estate, in the same manner as if such alien had been a native 43 N. Y., 441; 1 Abb. citizen. Ct. App.

Dec., 272. Dower in 3. If a husband, seised of an estate of inheritance in lands, exchange of changes them for other lands, his widow shall not have dower of lands. 12 Barb.,

both, but shall make her election, to be endowed of the lands given, 537 ; 7 Barb., 638;

or of those taken, in exchange; and if such election be not evinced 42 Barb., by the commencement of proceedings to recover her dower of the 365; 28 Hun,

lands given in exchange, within one year after the death of her husband, she shall be deemed to have elected to take her dower of the

lands received in exchange. Lands, § 4. Where a person seised of an estate of inheritance in lands marriage. shall have executed a mortgage of such estate, before marriage, his 56 Barb.,

widow shall nevertheless be entitled to dower out of the lands mortBarb., 618; 1 Barb.,

gaged, as against every person except the mortgagee and those 399, 407; 13 claiming under him. R., 295 ; 42 Barb., 865. In lands $ 5. Where a husband shall purchase lands during coverture, and mortgaged

shall at the same time mortgage his estate in such lands to secure the (741)

payment of the purchase money, his widow shall not be entitled to chase dower out of such lands, as against the mortgagee or those claiming GON. Y., 10; under him, although she shall not have united in such mortgage, but 15 Johns

she shall be entitled to her dower as against all other persons. R., 458; 10 Paige, 49;

6 Cow., 816 ; 20 N. Y,. 412; 12 Barb., 543 ; 25 Hun, 485 ; 43 Hun, 1. In such

$ 6. Where, in such case, the mortgagee, or those claiming under

him, shall, after the death of the husband of such widow, cause the claim to surplus land mortgaged to be sold, either under a power of sale contained in proceeds

the mortgage, or by virtue of the decree of a court of equity, and s Barb-,618 any surplus shall remain, after payment of the monies due on such

mortgage and the costs and charges of the sale, such widow shall nevertheless be entitled to the interest or income of the one-third part of such surplus, for her life, as her dower.

before

264 ; 8

for pur.

case, ex tent of

of sale.

mortgagees.

§ 7. A widow shall not be endowed of lands conveyed to her hus- TITLE 3. band by way of mortgage, unless he acquire an absolute estate therein, Widow of during the marriage. § 8. In case of divorce, dissolving the marriage contract, for the When dow

er forfeited misconduct of the wife, she shall not be endowed.

4 Barb.,192;

24 Wend., 198; 3 Abb., 160 ; 16 Abb., N. 8., 112 ; id., 288 ; 35 Barb., 482 ; 52 N. Y., 593 ; 45 How. Pr. R. 46;

43 Hun, 461; 3 Bosw., 695 ; 61 N. Y., 47. (1 R. L., 53, § 7, and 2 R. L., 196, § 8.]

$ 9. Whenever an estate in lands shall be conveyed to a person and When his intended wife, or to such intended wife alone, or to any person jointure. in trust for such person and his intended wife, or in trust for such ? Abb. Ct. wife alone, for the purpose of creating a jointure for such intended 22; 3. wife, and with her assent, such jointure shall be a bar to any right or Abb. Pr.,

N. S., 428. claim of dower of such wife, in any lands of the husband. [1 R. L., 58 and 59, 88 8 and 9.]

§ 10. The assent of the wife to such jointure shall be evidenced, Evidence if she be of full age, by her becoming a party to the conveyance by assent. which it shall be settled; if she be an infant, by her joining with her N. S., 428; : father or guardian in such conveyance.

Paige, 559 ;

2 Abb. Ct.

App. Dec., 322 ; 3 Bosw., 327. § 11. Any pecuniary provision that shall be made for the benefit when dowof an intended wife and in lieu of dower, shall, if assented to by such by pecue intended wife, as above provided, be a bar to any right or claim of vision.rodower of such wife in all the lands of her husband.

1 Johns. R.,

307 ; 5 Paige, 447; 6 Johns. Ch. R., 194; 71 N. Y., 154 ; 3 Abb. N. C., 295. §. 12. If before her coverture, but without her assent, or if after when to her coverture, lands shall be given or assured for the jointure of a tween wife, or a pecuniary provision be made for her, in lieu of dower, kein, tane

, she shall make her election whether she will take such jointure or dower. pecuniary provision, or whether she will be endowed of the lands 5 Paige,

447 ; 6 of her husband, but she will not be entitled to both.

Johns. Ch.

R , 194 ; 36 Barb., 412 ; 16 Abb. N. C., 267 ; 37 Hun, 231 ; 104 N. Y., 418. (1 R. L., 58 and 59, $$ 8 and 9.]

§ 13. If lands be devised to a woman, or a pecuniary or other When be. provision be made for her by will, in lieu of her dower, she shall vise, &c.,

and dower. make her election whether she will take the lands so devised, or the 9 N. Y ,511 ; provision so made, or whether she will be endowed of the lands of Cow: 288 her husband.

447 ; 5 Hiil, 206 ; 2 De

nio, 430 ; 4 Barb., 20; 5 Hill, 206; 3 Bradf., 195; 2 id., 77; 13 Barb., 106; 1 Tucker, 11 ; 9 Hun, 326; 64 'N Y., 278 ; 2 Redf., 48; 53 How. Pr. R., 400 ; 58 N. Y., 69; 9 J. & S., 543 ; 19 J. & S., 295; 3 Dem.,620; 29 Hun, 318 ; 37 Hun, 265 ; 39 Hun, 254,451 ; 94 N. Y., 605 ; 104 N. Y., 418, 125 ; 18 Abb. N.C., 82; 45

Hun, 418. § 14. When a woman shall be entitled to an election, under either 1742] of the two last sections, she shall be deemed to have elected to take deemed to such jointure, devise or pecuniary provision, unless within one year elected. after the death of her husband she shall enter on the lands to be 4 lun, 757;. assigned to her for her dower, or commence proceedings for the 3 Lans. ,384

376; 3 Dem., recovery or assignment thereof.

Ø 15. Every jointure, devise and every pecuniary provision in lieu Win, 254. of dower, shall be forfeited by the woman for whose benefit it shall jointure, be made, in the same cases in which she would forfeit her dower; feited. and upon such forfeiture, any estate so conveyed for jointure, and 695; Tückevery pecuniary provision só made, shall immediately vest in the er, 11. person or his legal representatives, in whom they would have vested

When

620; 39

TITLE 4.

him.

| Edw.,

on the determination of her interest therein, by the death of such

woman. Right to § 16. No act, deed or conveyance, executed or performed by the dower, &c., not

husband, without the assent of his wife, evidenced by the acknowlacestech toy edgment thereof, in the manner required by law to pass the estates band, nor of married women, and no judgment or decree confessed by or by judg: ments, &c., recovered against him, and no laches, default, covin or crime of against

the husband, shall prejudice the right of his wife to her dower or 2 , 249 4 Barb., 201; jointure, or preclude her from the recovery thereof, if otherwise 3 Edw. 437; entitled thereto. 349; 7Barb., 388 ; 50 N. Y., 165 ; 37 N. Y., 227 ; 95 N. Y., 51 ; 103 N. Y., 153.

[1 R. L., 57 and 59, 99 4 and 10.] May re.

§ 17. A widow may tarry in the chief house of her husband, forty

days after his death, whether her dower be sooner assigned to her husband's

or not, without being liable to any rent for the same, and in the days. 1 Sandf. s. mean time she shall have her reasonable sustenance out of the estate C., 218; 10 of her husband. Wend., 419; 31 How.Pr. R., 499; 4 Robt., 702.

[1 R. L., 57, § 1.) (743) [Sections 18 to 24 were repealed by L. 1880, ch. 245.] May be. § 25. A widow may bequeath the crop in the ground of the land queath

holden by her in dower. iT. & C.,

[1 R. L., 368, 9 17.]

main in

house 40

crops.

58.

TITLE IV.

Of Estates for Years, and at will; and the Rights and Duties of Land

lords and Tenants.

SEC. 1. Construction of certain agreements for use of lands, etc., in New York.

2. Effect of new lease, after surrender of former lease.
3. Attornments by tenants void, except in certain cases.
4, 5 & 6. (Repealed.]
7. Tenancy at will or by sufferance, may be terminated by notice.
8. How notice to be served.
9. Rights of landlord on expiration of notice.
10. Penalty on tenant for not yielding possession after giving notice.
11. Penalty on tenants, etc., for holding over after notice to quit.
12 to 17. (Repealed.)
18. Right to distrain for rents or services, declared.
19. Remedy by action for rent due on leases for life.
20. Rents dependent on life of another, how recovered after his death.
21. Remedy of executors, etc., for arrears of rent.
22. Rights of executors, etc., of tenant for life having rent due.
23. Rights of grantors, assignees, etc., of lessor of demised lands.
24. Rights of lessors and their assignees, etc.
25. Two last sections to extend to leases in fee, for life or for years.
26. When landlord may recover for use and occupation.
27. Penalty on tenant for not delivering process, notices, etc., served on him.

(744)

Duration of certain agreements in

SECTION 1. Agreements for the occupation of lands or tenements, in the city of New York, which shall not particularly specify the

How. Pr.

duration of such occupation, shall be deemed valid until the first TITLE 4. day of May next after the possession under such agreement shall New York. commence, and the rent under such agreement shall be payable at 5 Robt.,261; the usual quarter days for the payment of rent in the said city, un- 2 Sweeny,

70; 21 less otherwise expressed in the agreement.

Wend.,338;

5 Duer, 559; 4 E. D. Smith, 176 ; 2 E. D. Smith, 105; 8 How. Pr. R., 141; 4 Abb. Pr. R., N. S., 144 ; 5 Hun, 128; [L. 1820, 178, § 4.)

17 Hun,319 § 2. If any lease be surrendered in order to be renewed, and a Effect of new lease be made by the chief landlord, such new lease shall be new lease good and valid to all intents and purposes, without a surrender of render of all or any of the under leases derived out of such original lease so lease.

14 N. Y., 22. surrendered; and the chief landlord, his lessee, and the holders of such under leases, shall enjoy all their rights and interests, in the same manner and to the same extent, as if the original lease had been still continued; and the chief landlord shall have the same remedy by distress, or entry upon the demised premises for the rents and duties secured by such new lease, so far as the same do not exceed the rents and duties reserved in the original lease so surrendered. (1 R. L., 442, 99 26 and 28.]

§ 3. The attornment of a tenant to a stranger shall be absolutely Attorn; void, and shall not in any wise affect the possession of his landlord, tenants.

5 N. Y.,404; unless it be made,

25 Barb.,

249; 19 1. With the consent of the landlord: or, 2. Pursuant to, or in consequence of, a judgment at law, or the R. 293;...

N. 109; order or decree of a court of equity: or,

37 Hun, 3. To a mortgagee after the mortgage has become forfeited. [The same.) (Sections 4 to 6 repealed by L. 1880, ch. 245.]

(745] § 7. Wherever there is a tenancy at will, or by sufferance created, Teman.ro by the tenant's holding over his term, or otherwise, the same may terminated

by notice. be terminated by the landlord's giving one month's notice in writing to the tenant, requiring him to remove therefrom.

14 N. Y., 61; 14 Barb., 255; 12 Barb., 484; 3 Barb., 579; 7 Cow., 747; 4 Denio, 187, 19
How. Pr. R., 31; 11 Wend., 616; 6 Duer, 559; 31 N. Y., 454; 51 N. Y.,

64, 648; 43 N.
Y., 450; 2 Sweeny, 70; 14 Abb., N. 8., 130; 60 N. Y., 102; 4 Hun, 451; 4 Hun, 151; 70

N. Y., 180; 60 N. Y., 102; 6 Daly, 506; 15 Hun, 475; 5 Hun, 28. (L. 1820, 177, proviso to 9 1.]

§ 8. Such notice shall be served by delivering the same to such How tenant, or to some person of proper age residing on the premises ; il Wend., or if the tenant can not be found, and there be no such person re

620; 4

Denio, 187. siding on the premises, such notice may be served by affixing the same on a conspicuous part of the premises, where it may be conveniently read.

§ 9. At the expiration of one month from the service of such Rights of notice, the landlord may re-enter, or maintain ejectment, or proceed 14 Barb., in the manner prescribed by law, to remove such tenant, without any Barb., 484; further or other notice to quit.

4 Denio, The same.)

Y., 456; 1

Lans., 239. § 10. If any tenant shall give notice of his intention to quit the Penalty on premises by him holden, and shall not accordingly deliver up not yieldthe possession thereof, at the time in such- notice specified, such ing posses.

626.

187; 31 N.

over after notice to

TITLE 4. tenant, his executors or administrators, shall, from thenceforward, sion after pay to the landlord, his heirs or assigns, double the rent which giving notice.

he should otherwise have paid, to be levied, sued for and recovered, at the same time and in the same manner, as the single rent; and such double rent shall be continued to be paid during all the time such tenant shall continue in possession as aforesaid.

[1 R, L., 440, $ 22.] Penalty on tenants,

§ 11. If any tenant, for life or years, or if any other person who etc., for holding

may have come into the possession of any lands or tenements, under

or by collusion with such tenant, shall wilfully hold over any lands quit. or tenements after the termination of such term, and after demand

N. 154 ; 61 N. made and one month’s notice, in writing, given in the manner herein Y., 639, 541. before prescribed, requiring the possession thereof by the person

entitled thereto, such person so holding over shall pay to the person [746] so kept out of possession, or his representatives, at the rate of double

the yearly value of the lands or tenements so detained, for so long a time as he shall so hold over or keep the person entitled, out of possession; and shall also pay and remunerato all special damages whatever, to which the person so kept out of possession may be subjected

by reason of such holding over; and here shall be no relief in No relief in equity against any recovery had at law under this section. equity.

[1 R. L., 440, § 21, and L. 1820, 179, § 8.]

[Section 12–17 were repealed by L. 1846, ch. 274.] [747] § 18. When any certain services or certain rent reserved out of Right to distrain.

any lands or tenements, shall not be paid or rendered when due, the N. 1.152 person entitled thereto, may distrain for the same. 8 Paige,217. [This section has been practically obsolete since L. 1846, ch. 274, which abolished

distress for rent.] Remedy on

§ 19. Any person having any rent due upon any lease for life or 13 N. Y.,

lives, may have the same remedy to recover such arrears, by action

of debt, as if such lease were for years. Y., 183; 32 Barb., 451 ; 27 Barb., 110, 21 Barb., 648 ; 18 Barb., 158 ; 9 Barb., 302 ; 8 Barb., 502 ; 2 Barb., 319 ; 1 Barb., 377 ; 4 Denio, 374 ; 3 Denio, 274.

[1 R. L., 438, S$ 16, 18, 19, 20 and 27.] Rents de § 20. Every person entitled to any rents dependent upon the life pendent on fife of an.

of any other, may, notwithstanding the death of such other person, other.

have the same remedy by action or by distress, for the recovery of all arrears of such rent, that shall be behind and unpaid at the death of such other person, as he might have had if such person was in full life.

[See note to section 18, ante.] Remedy of § 21. The executors or administrators of every person to whom executors, &c., for any rent shall have been due and unpaid at the time of his death,

may have the same remedy by action or by distress, for the recovery 20 Barb., of all such arrears, that their testator or intestate might have had, if 274; 5 Cow.,

living.
[The same.)

$ 22. When a tenant for life, who shall have demised any lands, Executors, &c., of te shall die on or after the day when any rent became due and payable,

his executors or administrators may recover from the under tenant, 3 Bradf.,

the whole rent due; if he die before the day when any rent is to

leases for life.

303; 2 N.

arrears of rent.

502.

life.

359.

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