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462; 4

become due, they may recover the proportion of rent which accrued TITLE 4. before his death.

§ 23. The grantees of any demised lands, tenements, rents or Rights of other hereditaments, or of the reversion thereof, the assignees of the ansigteeds, lessor of any demise, and the heirs and personal representatives of Servopf lesthe lessor, grantee or assignee, shall have the same remedies by demised entry, action, distress or otherwise, for the non-performance of any 1 Abb. Pr. agreement contained in the lease so assigned, or for the recovery of 106; 2 Daly, any rent, or for the doing of any waste or other cause of forfeiture, Y., 82; 12 as their grantor or lessor had, or might have had, if such reversion 1. X., 296;

14 N.Y.; had remained in such lessor or grantor.

6 N. Y., 491;

32 Barb., 458; 27 Barb., 173; 12 Barb., 462; 2 Hill, 276, 475; 5 Denio, 127; 13 Wend., 609; 2 Hilt., 6; 46 Barb.,

440; 63 Barb., 279; 41 N. Y., 224; 1 Robt., 466; 7 id., 120; 1 Edm. Select Cases, 205; 17 Hun, 319. (1 R. L., 363.)

$ 24. The lessees of any lands, their assigns or personal repre- Rights of sentatives, shall have the same remedy by action or otherwise against their as

signeos,&c. the lessor, his grantees, assignees, or his or their representatives, for 7 Robt the breach of any covenant or agreement in such lease contained, as Bosw', 163; such lessee might have had against his immediate lessor, except 331; 277 covenants against incumbrances, or relating to the title or possession Barb, 173;

12 Barb., of the premises demised.

Sandf.S.C., (The same.)

Barb., 440. § 25. The provisions of the last two sections shall extend as well

(748]

. to grants or leases in fee, reserving rents, as to leases for life and for Applica years.

19 N. Y., 100; 32 Barb., 458; 27 Barb., 173; 12 Barb., 462; 46 Barb., 440. [The same. Repealed as to future conveyances ; see L. 1860, ch. 396, post.]

§ 26. Any landlord may recover in an action on the case, a landlords reasonable satisfaction for the use and occupation of any lands or may reso tenements, by any person under any agreement not made by deed: use and oc. and if any parol demise or other agreement, not being by deed, by 6o Barb., which a certain rent is reserved, shall appear in evidence on the trial Pr.R. N.S., of any such action, the plaintiff shall not on that account be de- bit? barred from a recovery, but may make use thereof as evidence of 15 N. Y., the amount of the damages to be recovered.

Barb., 249; 194; 7 Hill,88; 1 Hilt., 55, 155; 6 Johns, R., 46;1 Denio, 37; 1 Wend., 134; 7 Wend., 109; 13 John's.

R., 246, 297, 489; 2 Śweeny, 395; i Hun, 154; 5 N. Y. S. C. R. (T. & C.), 665. (1 R. L., 444, § 31.]

§ 27. Every tenant to whom a declaration in ejectment, or any Penalty on other process, proceeding or notice of any proceeding, to recover not deliverthe land occupied by him, or the possession thereof, shall be served, in liceo, shall forthwith give notice thereof to his landlord, under the penalty served on of forfeiting the value of three years rent of the premises so occu- 4 Abb. ct. pied by him, which may be sued for and recovered by the landlord 307, 6

Bosw., 493. or person of whom such tenant holds.

[1 R. L., 443, & 29.]

516; 46

last sec. tions.

When

328; 25

7 Barb.,

L. 1860, Chap. 343– An act in relation to the rights and liabilities of

owners and lessors, and of lessees and occupants of buildings. Tenants need not pay rent in certain cases. SECTION 1. The lessees or occupants of any building which shall, without any fault or neglect on their part, be destroyed, or be so injured by the elements, or any other cause, as to be untenantable and unfit for occupancy, shall not be liable or bound to pay rent to the lessors or owners thereof, after such destruction or injury, unless otherwise expressly provided by written agreement or covenant, and the lessees or occupants may thereupon quit and surrender possession of the leasehold premises, and of the land so leased or occupied. 26 N, Y., 498; 29 How. Pr. R., 262; 5õ N. Y.,280; 54 N. Y., 450; 45 N. Y., 123; 35 NAY,

123 ; 45 How. Pr. R., 127; 42 How. Pr. R., 64; 7 Abb. Pr. R. (N. S.), 29; 1 Sweeney, 38; 2 Sweeney, 188 ; 61 N. Y., 356; 1 Sheld., 208 ; 67 Barb., 66 ; 13 Abb. N. C., 442; 14 Abb. N. C., 60; 17 W. D., 452; 33 Hun, 567; 34 Hun, 250 ; 87 N. Y., 98; 94 N. Y., 401 ; 13 Daly, 548, 555.

L. 1860, Chap. 396 – An act to repeal chapter ninety-eight of the laws of

eighteen hundred and five, and the subsequent re-enactment thereof.

Former acts restricted. SECTION 1. Chapter ninety-eight of the laws of eighteen hundred and five, passed April ninth, eighteen ħundred and five, entitled “An act to amend an act entitled 'An act to enable grantees of reversions to take advantage of the conditions to be performed by lessees,'” and section three of chapter thirty-one of the revised laws, passed March nineteenth, eighteen hundred and thirteen, being a re-enactment of said chapter ninety-eight of the laws of eighteen hundred and five, and section twenty-five of chapter one, title four, part two of the Revised Statutes, being a further re-enactment of the same, shall not apply to deeds of conveyance in fee made before the ninth day of April, eighteen hundred and five, nor to such deeds hereafter to be made. 12 N. Y., 301, 406 ; 27 Barb., 173; 32 Barb., 453, 463, 473 ; 12 Barb., 462; 4 Sandf., 516 ; 1

Robt., 466 ; 7 Robt., 120; 1 Abb. Pr. R. (N. S.), 106.

L. 1873, Chap. 583- An act to define some of the rights and responsibili

ties of landlords and tenants. When lease to become void. SECTION 1. Whenever the lessee or occupant, other than the owner of any building or premises, shall use or occupy the same, or any part thereof, for any illegal trade, manufacture or other business, the lease or agreement for the letting or occupancy of such building or premises shall thereupon become void, and the landlord of such lessee or occupant may enter upon the premises so let or occupied. [The remainder of this section repealed by L. 1880, ch. 245.]

[See Code Ciy. Proc., 8 2231.]
14 Hun, 63.
Liability of owner leasing for illegal business. 8 2. The owner or owners of any

build. ing or premises knowingly leasing or giving possession of the same, to be used or occupied, in whole or in part, for any illegal trade, manufacture or business, or knowingly permitting the same to be used for any illegal trade, manufacture or business, shall be jointly and severally liable with the tenant or tenants, occupant or occupants, for any damage that may result by reason of such illegal use, occupancy, trade, manufacture or business.

TITLE 5.

TITLE V.

Miscellaneous Provisions of a General Nature.

SEC. 1. Words of inheritance not necessary to convey a fee, etc.

2. Intent of parties to conveyances, to be carried into effect.
3. (Repealed.]
4. Heirs and devisees to extinguish mortgages on lands coming to them.
5-9. (Repealed.)
10. Definition of terms “real estate" and “ lands."

11. Vested rights, and construction of instruments, not to be affected. SECTION 1. The term “heirs," or other words of inheritance, shall Certain

words not not be requisite to create or convey an estate in fee: and every necessary grant or devise of real estate, or any interest therein, hereafter to be fee. executed, shall pass all the estate or interest of the grantor or tate of testator, unless the intent to pass a less estate or interest shall grantorto appear, by express terms, or be necessarily implied in the terms of less, &o.

All the eg.

such grant.

6 Lans., 19; 7 id., 234, 505; 4 Hun, 725; 5 Lans., 444, 465; 2 Abb., Ct. Ap. Dec., 179; 62

Barb., 590; 2 Lans., 277; 3 Abb. Pr. R., N. S., 202; 66 Barb., 608; 4 Abb. Ct. App.
Dec., 216; 2 Robt., 402; 36 N. Y., 268; 53 N. Y., 89, 233; 50 N. Y., 302; 47 N. Y., 514;
12 N. Y., 128; 7 N. Y., 163; 5 N. Y., 452; 4 N. Y., 56; 28 Barb., 364; 23 Barb., 498; 19
Barb., 491; 15 Barb., 141; 12 Barb., 460; 16 How. Pr. R., 99; 27 How. Pr. R., 279; 16

J. & S., 326; 32 Hun, 435; 36 Hun, 75; 39 Hun, 126. § 2. In the construction of every instrument creating or conveying, Duty of or authorising the creation or conveyance of, any estate or interest construing in lands, it shall be the duty of courts of justice, to carry into effect goede the intent of the parties, so far as such intent can be collected from the whole instrument, and is consistent with the rules of law.

49 Barb., 134; 45 N Y., 604; 36 N. Y., 595; 8 N. Y., 539; 32 Barb., 45; 13 Barb., 127; 5

Barb., 103; 2 Barb., 368; 22 Wend., 489; 8 Bosw., 190; 6 Lans., So; 1 Robt., 277; 4 N.
Y. S.C. R. (T. & C.), 47; 9 Paige, 116; 1 Sandf. Ch., 275; 3 Sandf. s. C., 110; 3 Duer,
554 ; 20 How. Pr. R., 321; 11 Abb., 37; 25 Hun, 596; 27 Hun, 447; 29 Hun, 399; 35

Hun, 469; 92 N. Y., 446, 454; 97 N. Y., 257, 554. (Section 3 was repealed by L. 1880, ch. 245.]

(1749) § 4. Whenever any real estate, subject to a mortgage executed by Mortgages any ancestor or testator, shall descend to an heir, or pass to a herited or devisee, such heir or devisee shall satisfy and discharge such mort- whom to be gage, out of his own property, without resorting to the executor or ?Robt.,522; administrator of his ancestor, unless there be an express direction in

C. R. (T. & the will of such testator, that such mortgage be otherwise paid. C.), 6; 18

Abb. Pr. R., 206; 4 Bradf., 324; 43 N. Y., 525; 47 Barb., 151; 28 Barb., 429; 27 Barb., 45, 620; 10 Paige, 163; 3 Paige, 404; 9 Paige, 454; 11 Paige, 269; 32 N. Y., 587; 18 Abb., 206; 1 Lans., 119; 1 Redr., 211;

3 Dem., 152, 370; 12 Abb. N. C., 110; 39 Hun, 112; N. Y., 52; N. Y., 434; Hun, 109. [Sections 5 to 9 were repealed by L. 1880, ch. 245.)

(750) § 10. The terms “real estate," and “lands," as used in this tate" and chapter, shall be construed as co-extensive in meaning with lands, defined. tenements and hereditaments.

2 N. Y., 376;

39 Barb.,

65; 53 N. Y., 199; 45 N. N. 674; 88 N. Y., 560. § 11. None of the provisions of this chapter, except those con- Vested verting formal trusts into legal estates, shall be construed as altering construcor impairing any vested estate, interest or right; or as altering or struments, affecting the construction of any deed, will or other instrument, affected. which shall have taken effect at any time before this chapter shall 2 Barb., be in force as a law.

Paige, 304; 44 N.Y.,258.

" Real es

L. 1840, Chap. 387–An act authorizing mortgagees to redeem real estate

sold for taxes and assessments. Lien of mortgage not destroyed by tax sale. SECTION 1. No sale of real estate hereafter made for the non-payment of any tax or assessment shall destroy or in any manner affect the lien of any mortgage thereon duly recorded or registered at the time of such sale except as hereinafter provided.

4 Hill, 613.

Purchaser to give notice to mortgagee. 2. It shall be the duty of the purchaser at such sale to give to the mortgagee a written notice of such sale, requiring him to pay the amount of the purchase money, with the interest at the rate allowed by law thereon, within six months after the giving of such notice.

Effect of redemption by mortgagee. S 3. If such payment shall be made the sale shall be of no further effect, and the mortgagee shall have a lien on the premises, for the amount paid, with the interest which may thereafter accrue thereon, at the rate of seven per cent per annum, in like manner as if the same had been included in his mortgage.

Failure to redeem. § 4. In case the mortgagee shall fail to make such payment, within the time so limited, he shall not be entitled to the benefit of the first section of this act.

Construction of certain terms. $ 5. The term “ mortgagee,” as used in this act, shall be construed to include assignees whose assignment shall be duly recorded, and personal representatives, and the term “purchaser" shall be construed to include assignees, and real or personal representatives, as the case may be.

Notice how given; evidence of notice. 8 6. The notice required by this act may be given either personally or in the manner required by law in respect to notices of non-acceptance or non-payment of notes or bills of exchange; and a notarial certificate thereof shall be presumptive evidence of the fact of such notice; such certificates may be recorded in the county in which the mortgage was recorded, in the same manner, and with same effect, as is by law prescribed in respect to deeds or other evidences of title of real estate.

[The foregoing act, L. 1840, ch. 387, was expressly repealed by L. 1850, ch. 298, § 114, which latter act was expressly repealed by L. 1855, ch. 427, § 92, without providing against the revival of the act of 1840. The editor has therefore inserted here the act of 1840. Here it should be observed, however, that the act of 1855 contained a series of sections (76–81), which were, with a few formal variations, an exact transcript of the act of 1840 ; and two of which sections (77 and 81) were amended by L. 1870, ch. 280." See ante, pp. 1142, 1143.)

CHAPTER II.

OF TITLE TO REAL PROPERTY BY DESCENT.

BEC. 1. General role as to the order in which real estate shall descend.

2. Rule as to lineal descendants in equal degrees of consanguinity.
3. Rule when any children are living and any have died leaving descendants.
4. Rule in last section to apply to all descendants of unequal degrees.
5. In what cases inheritance to go to father.
6. When inheritance to go to mother for life ; when in fee.
7. When collateral relatives to inherit; rule if there are several of equal degrees.
8. Brothers and sisters and their descendants, when and in what shares, to

inherit.
9. Rule in last section to apply to all other direct lineal descendants of brothers

and sisters, of unequal degrees.
10. Brothers and sisters of father, and their descendants, when, and in what

shares, to inherit. 11. When brothers and sisters of mother, and their descendants, to inherit. 12. In what case brothers and sisters of mother, and their descendants, to be

preferred to those of father. 13. When brothers and sisters of both father and mother, and their descendants,

to inherit equally. 14. When mother of illegitimate intestate, and her descendants, to inherit. 15. Rule as to relatives of the half blood. 16. In cases not provided for, rules of common law to prevail. 17. Rule when but one heir; when several, to hold as tenants in common. 18. Posthumous descendants and relatives, to inherit as if born in life of intestate. 19. Illegitimate children and relatives, not to inherit. 20. This chapter not to affect estates by the curtesy, or in dower, or limitations 1751)

by deed or will. 21. Descent of estates in trust. 22. Alienism of ancestor not to preclude inheritance. 23. Advancement of real and personal estate, if equal to share of an heir, to be

set off against it. 24. If not equal, to be deducted, so that all the shares may be equal 25. Value of advancement, how ascertained. 26. Certain expenses and gifts, not to be deemed advancements. 27. Definition of terms “real estate” and “inheritance."

28 & 29. Construction of certain expressions used in this chapter. SECTION 1. After this chapter shall take effect, the real estate of General every person, who shall die without devising the same, shall descend the order

in which in manner following.

real estate

shall de1. To his lineal descendants :

scend. 2. To his father:

2 Denio, 9;

57 How. 3. To his mother; and

Pr., 229; 67

N. Y., 556; 4. To his collateral relatives :

68 N. Y. Subject in all cases to the rules and regulations hereinafter 7., 174; -15 prescribed.

Hun, 399;

18 Hun, 73; id., 507; 19 Hun, 313; 79 N. Y., 325; 37 Hun, 254; 91 N. Y., 316. § 2. If the intestate shall leave several descendants in the direct Lineal de

scendants line of lineal descent, and all of equal degree of consanguinity to being in such intestate, the inheritance shall descend to such persons in equal grees. parts, however remote from the intestate, the common degree of consanguinity may be. (1 R. L., 52, 93, first rule.)

$ 3. If any of the children of such intestate be living, and any be children dead, the inheritance shall descend to the children who are living, descend

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