Rights of grantees, assignees, etc., of

lessor of demised lands.

Rights of lessees and their

Decome due, they may recover the proportion of rent which accrued before his death.

[35 Barb., 295; 21 N. Y.. 280.]

§ 23. The grantees of any demised lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignces of the lessor of any demise, and the heirs and personal representatives of the lessor, grantee or assignee, shall have the same remedies by entry, action, distress or otherwise, for the non-performance of any agreement contained in the lease so assigned, or for the recovery of any rent, or for the doing of any waste or other cause of forfeiture, as their grantor or lessor had, or might have had, if such reversion had remained in such lessor or grantor.

[19 N. Y., 82; 12 N. Y., 296; 14 N. Y., 22; 6 N. Y., 491; 32 B., 458; 27 B., 173; 12 B.. 462; 2 H., 276, 475; 5 D., 127; 13 W., 609; 2 Hilt., 6; 46 B., 440; 41 N. Y., 219.]

§ 24. The lessees of any lands, their assigns or personal represenassignees, tatives, shall have the same remedy by action or otherwise against the lessor, his grantees, assignees, or his or their representatives, for

etc.

Applica

tion of

two last sections.

When landlord may recover for use and оссираtion.

he breach of any covenant or agreement in such lease contained, as such lessee might have had against his immediate lessor, except covenants against incumbrances, or relating to the title or possession of the premises demised.

[12 N. Y., 301; 27 B., 173; 12 B., 462; 4 S. S. C., 516; 46 B., 440.]

§ 25. The provisions of the two last sections shall extend as well to grants or leases in fee, reserving rents, as to leases for life and for years.

[Does not apply to deeds of conveyance in fee, made before April 9, 1805, or after April 14, 1860; L. 1860, ch. 396 (4 Edm., 432). 19 N. Y., 100; 32 B., 458; 27 B., 173; 12 B., 462; 46 B., 440.]

§ 26. Any landlord may recover in an action on the case, a reasonable satisfaction for the use and occupation of any lands or tenements, by any person under any agreement not made by deed; and if any parol demise or other agreement, not being by deed, by which a certain rent is reserved, shall appear in evidence on the trial of any such action, the plaintiff shall not on that account be debarred from a recovery but may make use thereof as evidence of the amount of the damages to be recovered.

[15 N. Y., 328; 25 B.. 249; 7 B., 194; 7 H., 88; 1 Hilt., 55, 155; 6 J. R., 46; 1 D., 37; 1 W., 134; 7 W., 109; 13 J. R., 240, 297, 489.]

tenant for not deliv

notice

served on

him.

§ 27. Every tenant to whom a declaration in ejectment, or any Penalty on other process, proceeding or notice of any proceeding, to recover the ring, etc., land occupied by him, or the possession thereof, shall be served, shall forthwith give notice thereof to his landlord, under the penalty of forfeiting the value of three years' rent of the premises so occupied by him, which may be sued for and recovered by the landlord or person of whom such tenant holds.

[The preceding sections, 7-27, are 1 R. S., 745-748 (1 Edm., 696-699). Section 27 is probably superseded by § 2241 of the Code of Civil Procedure. See p. 332, ante.]

CHAP. 274.

AN ACT to abolish distress for rent, and for other pur

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Distress for rent is hereby abolished.

[14 N. Y., 28.]

Abolished.

Revised

2. The twelfth, thirteenth, fourteenth, fifteenth, sixteenth and Repeal of seventeenth sections of the fourth title of the first chapter of the Statutes. second part of the Revised Statutes are hereby repealed.

[26 B., 440.]

when and

how to be

made.

§ 3. Whenever the right of re-entry is reserved and given to a Re-entry, grantor or lessor in any grant or lease in default of a sufficiency of goods and chattels whereon to distrain for the satisfaction of any rent due, such re-entry may be made at any time after default in the payment of such rent, provided fifteen days' previous notice of such intention to re-enter, in writing, be given by such grantor or lessor, or his heirs or assigns, to the grantee or lessee, his heirs, executors, administrators or assigns, notwithstanding there may be a sufficiency of goods and chattels on the lands granted or demised for the satisfaction thereof. The said notice may be served personally on such grantee or lessee, or by leaving it at his dwelling house on the premises.

[13 N. Y., 303; 2 N Y., 183; 32 B., 451; 27 B., 110; 21 B., 648; 18 B., 158; 9 B., 302; 8 B., 502; 2 B., 319; 1 B., 377; 4 D., 374; 3 D., 274; 65 N. Y., 411.]

This act is repealed by L. 1880, ch 245, post; but distress for rent is not revived thereby. See id., § 3, subd. 10, p, 514.

СНАР. 345.

Tenants need not

AN ACT in relation to the rights and liabilities of owners and lessors, and of lessees and occupants of buildings.

PASSED April 13, 1860.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The lessees or occupants of any building which shall, In certain without any fault or neglect on their part, be destroyed, or be so in

pay rent

in

cases.

When lease to become

void.

Liability

jured 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. [4 Edm., 433; 26 N. Y., 498; 4 id., 217; 34 id., 527; 45 id., 119; 54 id., 450; 56 id., 129; 29 How. Pr., 262.; 42 id., 64; 45 id,, 136.]

CHAP. 583.

AN ACT to define some of the rights and responsibilities of landlords and tenants.

PASSED May 22, 1873.

The People of the State of New-York, represented in Senats and Assembly, do enact as follows:

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, and shall have the same remedies to recover possession thereof as are given by law in the case of a tenant holding over after the expiration of his lease.

§ 2. The owner or owners of any building or premises knowingly leasing for leasing or giving possession of the same, to be used or occupied, in

of owner

business.

whole or in part, for any illegal trade, manufacture or business, or illegal 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.

§ 3. This act shall take effect immediately.

[See Code Civ. Pro., § 2231, p. 325, ante.]

Proceedings to create and enforce a mechanic's or laborer's lien.

CHAP. 489.

AN ACT to amend an act entitled "An act for the better security of mechanics and others erecting buildings in the counties of Westchester, Oneida, Cortland, Broome, Putnam, Rockland, Orleans, Niagara, Livingston, Otsego, Lewis, Orange and Dutchess, passed April seventeenth, eighteen hundred and fifty-four," and as amended by chapter five hundred and fifty-eight of the laws of eigh teen hundred and sixty-nine, entitled "An act for the better security of mechanics and others erecting buildings in either of the counties of this State, except the counties of Erie, Kings, Queens, New York and Onondaga."

PASSED May 12, 1873; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of the act entitled "An act for the better security of mechanics and others erecting buildings in the counties of Westchester, Oneida, Cortland, Broome, Putnam, Rockland, Orleans, Niagara, Livingston, Otsego, Lewis, Orange and Dutchess, passed April seventeenth, eighteen hundred and fifty-four," and as amended by chapter five hundred and fifty-eight of the laws of eighteen hundred and sixty-nine, entitled "An act for the better security of mechanics and others erecting buildings in either of the counties of this State, except the counties of Erie, Kings, Queens,

Mechan

ic's lien.

Amount limited.

New-York and Onondaga," is hereby amended so as to read as follows:

§ 1. Any person who shall hereafter perform any labor in erecting, altering or repairing any house, building or appurtenances to any house, building or building lot, including fences, sidewalks, paving wells, fountains, fish-ponds, fruit and ornamental trees and every improvement whatever to any such house, building or building lot in either of the counties of this State, except Kings, Queens, New-York, Onondaga and Rensselaer, and except the city of Buffalo, or who shall furnish any materials therefor, with the consent of the owner, being such owner as is in this section hereinafter described, shall, on filing with the county clerk of the county in which the property is situated, the notice prescribed by the fourth section of this act, have a lien for the value of such labor and materials upon such house, building or appurtenances and upon the lot, premises, parcel or farm of land upon which the same shall stand to the extent of the right, title and interest of the owner of the property, whether owner in fee or of a less estate, or whether a lessee for a term of years thereafter, or vendee in possession under a contract existing at the time of the filing of said notice, or any right, title and interest in real estate against which an execution at law may now be issued under the general provisions of the statutes in force in this State relating to liens of judgment and enforcement thereof. § 2. Section two of said act is hereby amended so as to read as follows:

§ 2. Whenever the labor performed or materials furnished shall be upon the credit of any contractor who shall have made a contract therefor with the owner of the property, or such person interested as aforesaid, whether such contract be oral or in writing, express or implied, or for any specified sum or otherwise, or upon the credit of any subcontract, or the assignee of any contractor, the provisions of this act shall not oblige the owner of the property or other person in interest as aforesaid to pay for or on account of any labor performed or materials furnished for such house, building or appurte nances any greater sum or amount than the price so stipulated and agreed to be paid therefor by said contract, or the value of such labor and materials, except as in the next section provided.