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Sec. 30. Against the heir or devisee of the husband, or the assigns of either, the damages shall be for such time, after the husband's death, as they have withheld the dower, not exceeding, in all, five years before the suit is commenced, and estimating the damages to the time of the recovery.
'Sec. 31. Against one claiming under an alienation by the husband in his lifetime, the damages shall be from the commencement of the suit against such claimant to the time of the recovery.
Sec. 32. If, after such suit brought for damages, the widow or tenant die before recovery be had, the same may be recovered by her executor or administrator, or against his.
Sec. 33. A widow shall, demand her dower within twenty years after the death of her husband; but if, at the time of his death, she be under the age of twenty-one years, or insane, or imprisoned on a criminal charge or conviction, the time during which such disability continues shall not form any part of the said term of twenty years.
Sec. 34. Dower may be assigned or recovered subject to the prorisions of this chapter, as at common law, or as hereinafter provided in Part III of this Code.
Sec. 35. When the estate out of which dower is to be assigned consists of a mill or other tenement which cannot be divided without damage to the whole, dower may be assigned of the rents, issues, or profits thereof, to be had and received by the widow, as tenant in common with the other owners of the estate; or the circuit court may order a sale of the premises, free from dower, and order the investment of one-third of the net proceeds thereof, at interest, for the benefit of the widow during the term of her life, the same to go upon her death to those entitled to the premises sold.
Sec. 36. When the circuit court shall, for any purpose, order the sale of the real estate of a deceased person, and his widow, entitled to dower therein, shall consent to a sale of the whole estate, disencumbered of her right of dower, and signify the same in writing, to be filed with the clerk of said court, she shall receive, in commutation thereof, if in good health, the following proportion of the net proceeds of said sale:
If she be under thirty years of age, one-sixth.
If above forty-five and under fifty-one, one-eighth.
Her age and health shall be established by evidence satisfactory to the court, and if the latter be not good, the court may make her such an allowance, within the above limits, as shall seem just and equi- • table. In either case such award shall be a sufficient bar to
every right of dower which such widow may claim in the estate so sold.
Sec. 37. When any man and his wife shall be seized in her right of any estate of inheritance, legal or equitable, in lands, and shall have issue born alive which might inherit the same, the husband shall, on the death of his wife, hold the lands for his life as tenant by the curtesy.
Sec. 38. If the husband shall abandon his wife without just cause, and live apart from her, he shall be barred of his right of taking as tenant by the curtesy ; but if his wife become reconciled to him, and voluntarily live with him again, he shall be restored to such right.
Sec. 39. In case of a divorce, a vinculo matrimonii—from the bonds of matrimony—for the misconduct of the husband, he shall be debarred of his tenancy by the curtesy ; but when such divorce is had on account of the misconduct of the wife, he shall still hold her real estate for the term of his life, subject to the power of the circuit court to make reasonable allowance for her sustenance, in accordance with the provisions of chapter sixty-nine.
ESTATES AT WILL, AND FOR YEARS, AND THE RIGHTS AND DUTIES OF
LANDLORDS AND TENANTS; AND ALSO RESPECTING EASEMENTS.
year to year.
over with landlord's consent.
SECTION period over three months, determined 13. Attornment of tenant; when not necesby three months' notice.
sary. 6. Tenancies for three months or a period 14. Attornment of tenant void, except in less than three months; how determined
certain cases. 7. Estates at will determined by one month's 15. Liability of guardians, husbands, &c., notice.
holding over after their estates have & Notice to quit; how given and served.
ceased. 9. Tenancies; how determined on non-pay- 16. Remedies of alienees, &c., of demised ment of rent.
i lands same as grantor's, &c, in cer10. What not to evidence an agreement
18. Easements; 'how acquired.
Adverse use; how interrupted by no
tice, &c. 12. Effect of new lease after surrender of 21.
SECTION 1. A tenancy at will shall not arise or be created without an express contract or letting to that effect.
SEC. 2. All general tenancies, when no certain and determined estate, nor an estate at will, is specified or created, shall be deemed to be tenancies from year to year.
Sec. 3. When, on the expiration of any tenancy, the landlord consents to the tenant holding over, such holding, in the absence of other agreement, shall be upon the same terms and subject to the same rent, and all the covenants contained in the original lease ; and when the original letting was for any period less than a year, the constructive tenancy shall be for a like period of time; and if for a year or more, the same shall be construed a tenancy from year to year.
Sec. 4. Upon any tenancy from year to year, or for any specified period over a year, rent shall, in the absence of an express agreement varying the same, be payable quarterly; and upon any tenancy at will, or for a period less than a year, it shall be payable, as aforesaid, monthly; the quarters or months to be computed, in either case, from the day of letting.
Sec. 5. All tenancies from year to year, or for any definite period of over three months, may be determined by at least three months' notice to quit prior to the expiration of the year or other period of letting
SEC. 6. All tenancies which, by the agreement of parties, express or implied, are for three months, or for any period of less than three months' duration, may be determined by a notice to quit equal in point of time to the tenancy.
Sec. 7. All estates at will may be determined by a notice to quit of one month.
SEC. 8. Every such notice as is mentioned in the preceding sections of this chapter shall be given in writing, and shall be equally required of either the landlord or tenant to determine the tenancy. The same shall be served by delivering it to the tenant, or to some person of proper age residing upon 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 to a conspicuous part of the premises where it may be conveniently read.
Sec. 9. If in any case rent shall be due and payable, and the same shall be demanded by the landlord and be not paid, then twenty days’ notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the tenancy, unless the rent is paid before the expiration of that time.
Sec. 10. The mere acquiescence of a party served with a notice to quit shorter in point of time than that required by law to determine the tenancy, shall not be deemed prima facie evidence of an agreement between the parties that a notice of less than the regular period might be given.
Sec. 11. An interesse termini may not only be assigned or granted, but may also be surrendered and enlarged by a release, or otherwise disposed of in like manner as if the same were a term in possession.
Sec. 12. If any lease be surrendered in order to be renewed, and a new lease be made by the chief landlord, such new lease shall be good and valid to all intents and purposes without a surrender of all or any of the under leases derived out of the original lease so surrendered; and such 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 still been continued, and the chief landlord shall have the same remedy for the rents secured by such new lease, so far as the same do not exceed the rents and duties reserved in the original lease so surrendered.
Sec. 13. Grants of rents, reversions, or other interest in lands occupied by tenants, shall be valid without the attornments of such tenants to the grantee; but the payment of rent to such grantor by his tenant before actual notice of the grant shall be binding upon the grantee; and such tenant shall not be liable to such grantee for any
breach of the condition of the demise until he shall have had notice as aforesaid of the grant.
Sec. 14. The attornment of a tenant to a stranger shall be absolutely void, and shall not in anywise affect the possession of his landlord, unless it be made,
First. With the consent of the landlord ; or,
Thirdly. To a purchaser at a sale under a deed of trust or under the foreclosure of a mortgage.
Sec. 15. Every person, as guardian or trustee for an infant, and every husband seized in right of his wife only, and every other person having an estate determinable upon any life or lives, who, after the determination of such particular estate, without the express consent of the party immediately entitled after such determination, shall hold over and continue in possession of any land, shall be adjudged to be a trespasser; and every person, his executors, and administrators, who shall be entitled to such lands upon the determination of such particular estate, may recover in damages against every such person so holding over, and against his executor or administrator, the full value of the profits received during such wrongful possession.
Sec. 16. Sub-lessees shall have the same remedy upon the original covenant against the chief landlord, as they might have had against their immediate lessor; and alienees of lessors and lessees of land shall have the same legal remedies in relation to such lands as their principals.
Sec. 17. Any person entitled thereto may recover a reasonable compensation for the use and occupation of any lands or tenements, from any person who has occupied the same, whenever the amount of rent has not been specified by any contract.
Sec. 18. No right of way, of air, light, or other easement, from, in, upon, or over the land of another, shall be acquired by adverse use, unless such use shall have continued uninterruptedly for twenty years.
Sec. 19. The owner of the land, or his agent, guardian, or committee, may give notice to the claimant of such right, that he will dispute the same.
Sec. 20. Such notice shall be in writing, and be served by an officer on the claimant, or, if the claimant be under the age of twenty-one