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period over three months, determined
6. Tenancies for three months or a period
8. Notice to quit; how given and served.
10. What not to evidence an agreement
11. How an interesse termini may be disposed of.
12. Effect of new lease after surrender of former one.
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,
Secondly. Pursuant to or in consequence of a judgment; 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
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
years, or insane, on his guardian, or committee, if he or they can be found. If such parties cannot be found, a copy of the notice shall be posted, for the space of one month, in some conspicuous place, on, or immediately adjoining, the premises where the right is claimed.
SEC. 21. Such service or notice shall be endorsed, by the officer serving the same, on the original paper, and be returned to the party giving such notice, who shall cause the original paper, with its accompanying endorsements of service or notice, to be recorded in the recorder's office, and such notice, thus served or posted and recorded, shall, at the time of record, be deemed an interruption of such use.
SECTION 1. When any person shall die seized of any estate in lands, or entitled to any interest therein, in fee-simple, or fee-tail general, not having lawfully devised the same, such estate or interest shall descend or pass, subject to the debts of the intestate, to his kindred, male and female, in parcenery, as herein prescribed.
SEC. 2. If the estate or interest shall have come to such intestate by descent, devise, or deed of gift from any ancestor, it shall descend or pass as follows:
First. To the children of such intestate, or their descendants.
Second. If there be no children, or descendants of children, it shall pass to the brothers and sisters of the intestate who may be of the blood of the ancestor from whom the estate or interest caine, or their
descendants, whether such brothers and sisters be of the whole or half blood of the intestate.
Third. If there be no brothers or sisters of the intestate, of the blood of the ancestor from whom the estate or interest came, or descendants of such brothers or sisters, and if the estate or interest came by deed of gift from an ancestor who may be living, the same shall ascend to such ancestor.
Fourth. If the ancestor from whom the estate or interest came be deceased, it shall pass to and vest in the husband or wife, relict of such intestate, during his or her natural life.
Fifth. If such intestate leave no husband or wife, relict of himself or herself, or at the death of such relict, the estate or interest shall pass to and vest in the children of the ancestor from whom the same came, or their descendants. If there be no children of such ancestor, or their descendants, it shall pass to and vest in the brothers and sisters of such ancestor, or their descendants; and for want of such brothers or sisters, or their descendants, to the brothers and sisters of the intestate, of the half blood, or their descendants, though such brothers and sisters be not of the blood of the ancestor from whom the estate or interest came.
Sixth. If there be no brothers or sisters of the intestate, or their descendants, the estate or interest shall pass to the next of kin to the intestate of the blood of the ancestor from whom the estate or interest
SEC. 3. If the estate or interest come not by descent, devise, or deed of gift, it shall descend or pass as follows:
First. To the children of the intestate, and their descendants. Second. If there be no such children, or their descendants, it shall pass to and be vested in the husband or wife, relict of such intestate, during his or her natural life.
Third. If such intestate leave no husband or wife, relict of himself or herself, or at the death of such relict, it shall pass to the brothers and sisters of the intestate of the whole blood, and their descendants.
Fourth. If there be no brothers or sisters of the intestate of the whole blood, or their descendants, it shall pass to the brothers and sisters of the half blood, and their descendants.
Fifth. If there be no brothers or sisters of the intestate of the half blood, or their descendants, it shall ascend to the father; if the father be dead, then to the mother.