CHAP. 491. AN CT to provide for the assessment of damages upon the laying out of public highways through uninclosed, unimproved and uncultivated lands. PASSED April 15, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: ment of SECTION 1. When a highway shall hereafter be laid out through Assessuninclosed, unimproved and uncultivated lands, the damages shall damages be assessed in the same manner as if the same were laid out through inclosed, improved and cultivated lands. § 2. All acts or parts of acts inconsistent with this act are hereby repealed. [L. 1857, ch. 491, as amended by L. 1858, ch. 51 (3 Edm., 539).] CHAP. 465. AN ACT to amend the Revised Statutes in relation to the laying out of public roads and the alteration thereof. PASSED June 16, 1877; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section sixty of article four of title one of chapter sixteen of the first part of the Revised Statutes is further amended so that said section shall read as follows: ings to alter or lay out ode ing. Owner not consent 60. In all cases of the alteration of any road, or the laying out Proceedof any new road, except where the same is altered, opened or laid out with the consent in writing of the owner or owners of the land to be taken for such alteration or opening, the person or persons applying for the same shall serve a notice on the town clerk of the town, and on a justice of the peace and the commissioner or commissioners of highways thereof, asking for a jury to certify to the necessity of the same, and specifying a time not less than ten nor more than twenty days from the time of serving such notice when such Jury how drawu. jury will be drawn at the clerk's office of the town by the town clerk thereof, and shall notify in writing each of the owners or occupants through which such alteration or new road is proposed to be laid, of the time and place of drawing such jury, by personally serving such notice on such owner or occupant at least five days before the drawing of such jury, or by mailing a copy thereof at least eight days before such drawing to such owner or owners, in the manner prescribed by law for the service of legal notices. At the time and place mentioned the town clerk of such town, having received such notice that such jury is to be drawn, shall, in the presence of a justice of the peace or one of the commissioners of highways of the town, deposit in a box the names of all persons then residents of his town whose names are on the lists filed in said town clerk's office, of those selected and returned as jurors, pursuant to article second, title four, chapter seven, part third of the Revised Statutes,* who are not interested in the lands through which such road is to pass or be located, nor of kin to the owner thereof, and shall publicly, in the presence of such justice of the peace or commissioner, draw therefrom the names of twelve persons, and shall make a certificate of such names and the purposes for which they were drawn, and shall deliver the same to the person asking for the jury, and the applicant for such jury shall pay to the said town clerk one dollar for drawing such jury. The Id.: how applicant for such road or alteration of a road, on receiving such certificate, shall deliver the same to a justice of the peace of the town wherein the road is to be laid, and it shall be the duty of such justice forthwith to issue a summons to one of the constables of said town directing him to summon the persons named in said certificate, specifying a time and place in said summons at which the persons to be summoned shall meet, which shall not be less than ten nor more than twenty days from the issuing thereof; and in case the owner or owners of any lands through which said road or alteration is proposed to be located shall be a non-resident it shall be the duty of such justice to notify such owner or owners by mail, at least eight days before the meeting of such jury, of the time and place of such meeting, and if any person so summoned to attend as a juror shall neglect or refuse to attend at the time and place designated in such summons, the sum moned. Non-resident owner. * See foot note, page 437, ante. juror to jury. pay. ings of person or persons so neglecting or refusing to attend shall be liable, Neglect of unless a sufficient excuse be established, to pay a fine of five dollars, attend. which shall be sued for and recovered by the overseers of the poor of said town, and such fine shall be applied by them to the support of the poor thereof. If nine or more of the persons, who shall have been so drawn, not interested in the lands through which the road is to be laid, nor of kin to the owners thereof, shall appear at the time and place specified in the summons, they shall then be sworn by the oath to justice of the peace who issued such summons well and truly to certify as to the necessity of the highway applied for, and if such justice of the peace shall refuse or neglect to attend at the time and place mentioned in said summons, such oath may be administered to such juror, by any other justice of the peace of said county; and the justice of the peace swearing such jury shall receive therefor from such Justice's applicant the sum of two dollars. Such jury shall then personally examine the route of such highway, and shall hear any reasons that Proceedmay be offered for or against such proposed route or alteration. If jury. nine or more of the number thereof shall be of opinion that such highway or alteration of a highway is necessary and proper, they shall make and subscribe a certificate in writing to that effect, which shall be delivered to the commissioners of highways of the town. But if such number thereof shall not certify that such road or alteration is necessary then no application for such road or alteration shall be made again in three months. Every juror shall be entitled to Pay of receive for his services as such juror the sum of one dollar and fifty cents, to be paid by such applicant, and the constable who may summon such jury shall receive therefor, from such applicant therefor, ten cents for summoning each juror summoned, and ten cents a mile for each mile actually and necessarily traveled in summoning such jury, in going from and returning to his place of residence therefor. If nine or more of such jurors shall make a certificate that such highway or alteration is necessary and proper, then the cost of such proceeding as herein before provided shall be a charge against such town in favor of such applicant. The commissioners of highways shall commisdecide upon such application for such road or alteration within thirty decide days after the decision of the jury, by an order in writing, which shall be filed in the office of the town clerk of such town. jury, etc. sioners 30 days Limitation. Repeal. § 2. This act shall not affect any proceedings in relation to the laying out of any highway instituted under chapter two hundred and seventy-one of the laws of eighteen hundred and seventy-six, nor any proceedings of appeal therein. § 3. Chapter two hundred and seventy-one of the laws of eighteen hundred and seventy-six is hereby repealed. § 4. This act shall take effect immediately. [1 R. S., 514, 60 (1 Edm., 473), as amended by L. 1877, ch. 465.] Tenancy at will, etc., termi nated by notice. How served. Rights of landlord. Penalty on tenant for ing possession after giving notice. Proceedings relating to landlord and tenant. § 7. Wherever there is a tenancy at will, or by sufferance created, by the tenant's holding over his term, or otherwise, the same may be terminated by the landlord's giving one month's notice in writing to the tenant, requiring him to remove therefrom. [14 N. Y., 64; 14 B., 255; 12 B. 484; 3 B., 579; 7 Cow., 747; 4 D., 187; 19 How. P. R., 31; 11 W., 616; 5 Du., 559; 31 N. Y., 454.] § 8. Such notice shall be served by delivering the same to such tenant, or to some person of proper age residing on the premises; or if the tenant cannot be found, and there be no such person residing 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. [11 W., 620; 4 D., 187.] § 9. At the expiration of one month from the service of such notice, the landlord may re-enter, or maintain ejectment, or proceed in the manner prescribed by law, to remove such tenant, without any further or other notice to quit. [14 B., 253; 12 B., 484; 4 D., 187.] § 10. If any tenant shall give notice of his intention to quit the not yield premises by him holden, and shall not accordingly deliver up the possession thereof, at the time in such notice specified, such tenant, his executors or administrators, shall, from thenceforward, pay to the landlord, his heirs or assigns, double the rent which 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. tenants, holding Over after quit. § 11. If any tenant, for life or years, or if any other person who Penalty on may have come into the possession of any lands or tenements, under et for or by collusion with such tenant, shall wilfully hold over any lands notice to or tenements after the termination of such term, and after demand. made and one month's notice, in writing, given in the manner hereinbefore prescribed, requiring the possession thereof by the person entitled thereto, such person so holding over shall pay to the person 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 remunerate all special damages whatever, to which the person so kept out of possession may be subjected by reason of such holding over; and there shall be no relief No relief in equity against any recovery had at law under this section. [31 N. Y., 454.] in equity. Remedy on leases § 19. Any person having any rent due upon any lease for life or for life. lives, may have the same remedy to recover such arrears, by action of debt, as if such lease were for years. pendent on life of § 20. Every person entitled to any rents dependent upon the life of Rents deany other, may, notwithstanding the death of such other person, another. 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. executors, arrears of rent. § 21. The executors or administrators of every person to whom Remedy of any rent shall have been due and unpaid at the time of his death, etc., for may have the same remedy by action or by distress,* for the recovery of all such arrears, that their testator or intestate might have had, if living. [20 B., 274; 5 Cow., 502.] etc., of life. 22. When a tenant for life, who shall have demised any lands, Executors, shall die on or after the day when any rent became due and payable, tenant for his executors or administrators may recover from the under tenant, the whole rent due; if he die before the day when any rent is to * Distress for rent abolished, L. 1846, ch. 274, § 1, p. 445, post. |