a married woman, or a judgment or decree confessed by or recovered against him, or any laches, default, covin, or crime of a husband, does not prejudice the right of his wife to the dower or jointure, or preclude her from the recovery thereof.

184. Widow's quarantine.-A widow may remain in the chief house of her husband forty days after his death, whether her dower is sooner assigned to her or not, without being liable to any rent for the same; and in the meantime she may have her reasonable sustenance out of the estate of her husband.

§ 185. Widow may bequeath a crop.-A woman may bequeath a crop in the ground of land held by her in dower.

§ 186. Divorced woman may release dower.—A woman who is divorced from her husband, whether such divorce be absolute or limited, or granted in his or her favor, by any court of competent jurisdiction, may release to him, by an instrument in writing, sufficient to pass title to real estate, her inchoate right of dower in any specific real property theretofore owned by him, or generally in all such real property, and such as he shall thereafter acquire.

§ 187. Married woman may release dower by attorney.-A married woman of full age may release her inchoate right of dower in real property by attorney in fact in any case where she can personally release the same.

ARTICLE VI.

LANDLORD AND TENANT.

SECTION 190. Action for use and occupation.

191. Rent due on life leases recoverable.

192. When rent is apportionable.

193. Rights where property or lease is transferred.

194. Attornment by tenant.

195. Notice of action adverse to possession of tenant.

196. Effect of renewal on sub-lease.

197. When tenant may surrender premises.

198. Termination of tenancies at will or by sufferance, by notice. 199. Liability of tenant holding over after giving notice of intention

to quit.

200. Liability of tenant holding over after giving notice to quit.

201. Liability of landlord where premises are occupied for unlawful

purpose.

202. Duration of certain agreements in New York.

190. Action for use and occupation.-The landlord may re

cover a reasonable compensation for the use and occupation of real property, by any person, under an agreement, not made by deed; and a parol lease or other agreement may be used as evidence of the amount to which he is entitled.

§ 191. Rent due on life leases recoverable.-Rent due on a lease for life or lives, is recoverable by action, as well after as before the death of the person on whose life the rent depends, and in the same manner as rent due on a lease for years.

192. When rent is apportionable.-Where a tenant for life, who shall have demised the real property, dies before the first rent day, or between two rent days, his executor or administrator may recover the proportion of rent which accrued to him before his death.

193. Rights where property or lease is transferred.—The grantee of leased real property, or of a reversion thereof, or of any rent, the devisee or assignee of the lessor of such a lease, or the heir or personal representative of either of them, has the same remedies, by entry, action or otherwise, for the nonperformance of any agreement contained in the assigned lease for the recovery of rent, for the doing of any waste, or for other cause of forfeiture as his grantor or lessor had, or would have had, if the reversion had remained in him. A lessee of real property, his assignee or personal representative, has the same remedy against the lessor, his grantee or assignee, or the representative of either, for the breach of an agreement contained in the lease, that the lessee might have had against his immediate lessor, except a covenant against incumbrances or relating to the title or possession of the premises leased. This section applies as well to a grant or lease in fee, reserving rent, as to a lease for life or for years; but not to a deed of conveyance in fee, made before the ninth day of April, eighteen hundred and five, or after the fourteenth day of April, eighteen hundred and sixty.

§ 194. Attornment by tenant.—The attornment of a tenant to a stranger is absolutely void, and does not in any way affect the possession of the landlord unless made either:

1. With the consent of the landlord; or,

2. Pursuant to or in consequence of a judgment, order, or decree of a court of competent jurisdiction; or,

3. To a mortgagee, after the mortgage has become forfeited. § 195. Notice of action adverse to possession of tenant.Where a process or summons in an action to recover the real

property occupied by him, or the possession thereof, is served upon a tenant, he must forthwith give notice thereof to his landlord; otherwise he forfeits the value of three years' rent of such property, to the landlord or other person of whom he holds.

§ 196. Effect of renewal on sub-lease. The surrender of an under-lease is not requisite to the validity of the surrender of the original lease, where a new lease is given by the chief landlord. Such a surrender and renewal do not impair any right or interest of the chief landlord, his lessee or the holder of an under-lease, under the original lease; including the chief landlord's remedy by entry, for the rent or duties secured by the new lease, not exceeding the rent and duties reserved in the original lease surrendered.

§ 197. When tenant may surrender premises. Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupaney, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the leasehold premises, and of the land so leased or occupied; and he is not liable to pay to the lessor or owner, rent for the time subsequent to the surrender

§ 198. Termination of tenancies at will or by sufferance by notice. A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in behalf of the landlord, to the tenant, requiring him to remove from the premises; which notice must be served, either by delivering to the tenant or to a person of suitable age and discretion, residing upon the premises, or if neither the tenant nor such a person can be found, by affixing it upon a conspicuous part of the premises, where it may be conveniently read. At the expiration of thirty days after the service of such notice, the landlord may re-enter, maintain ejectment, or proceed, in the manner prescribed by law, to remove the tenant, without further or other notice to quit.

$ 199. Liability of tenant holding over after giving notice of intention to quit.-If a tenant gives notice of his intention to quit the premises held by him, and does not accordingly deliver up the possession thereof, at the time specified in such notice, he or his personal representatives must, so long as he continues in possession, pay to the landlord, his heirs or assigns, double

Conveyances and Mortgages

§§ 200-202

the rent which he should otherwise have paid, to be recovered at the same time, and in the same manner, as the single rent.

§ 200. Liability of tenant holding over after giving notice to quit. Where, on the termination of an estate for life, or for years, the person entitled to the possession demands the same, and serves, in the same manner as for the termination of a tenancy at will, a written notice to quit, if the tenant, or any person in possession under him, or by collusion with him, wilfully holds over, after the expiration of thirty days from such service, he must pay to the person so kept out of possession, or his representatives, at the rate of double the yearly value of the property detained, for the time while he so detains the same, together with all damages incurred by the person so kept out by reason of such detention. There is no equitable defense or relief against a demand accrued, or a recovery had, under this section.

8 201. Liability of landlord where premises are occupied for unlawful purpose. The owner of real property, knowingly leasing or giving possession of the same to be used or occupied, wholly or partly, for any unlawful trade, manufacture or business, or knowingly permitting the same to be so used, is liable severally, and also jointly with one or more of the tenants or occupants thereof, for any damage resulting from such unlawful use, occupancy, trade, manufacture or business.

§ 202. Duration of certain agreements in New York.-An agreement, for the occupation of real property in the city of New York, which shall not particularly specify the duration of the occupation, shall be deemed to continue until the first day of May, next after the possession commences under the agreement; and rent thereunder is payable at the usual quarter days for the payment of rent in that city, unless otherwise expressed in the agreement.

ARTICLE VII.

CONVEYANCES AND MORTGAGES.

SECTION 205. Definitions and use of terms.
206. Livery of seizin abolished.

207. When written conveyance necessary.
208. Grant of fee or freehold.

209. When grant takes effect.

210. Estate which passes by grant or devise.

SECTION 211. Certain deeds declared grants.

212. Conveyance by tenant for life or years of greater estate than

possessed.

213. Effect of conveyance where property is leased.

214. Covenants in mortgages.

215. Mortgages on real property inherited or devised.

216. Covenants not implied.

217. Lineal and collateral warranties abolished.

218. Construction of covenants in grants of freehold interests. 219. Construction of covenants in mortgages and bonds.

220. Construction of grant of appurtenances and of all the rights and estate of grantor.

221. Construction of grant in executor's or trustee's deed of appurtenances, and of the estate of testator and grantor.

222. Covenants to bind representatives of grantor and mortgagor and enure to the benefit of whom.

223. Short forms of deeds and mortgages.

224. When contract to lease or sell void.

225. Effect of grant or mortgage of real property adversely possessed. 226. Conveyances with intent to defraud purchasers and incum

brancers void.

227. Conveyances with intent to defraud creditors void.

228. Conveyances void as to creditors, purchasers and incumbrancers, void as to heirs and assigns.

229. Fraudulent intent, question of fact.

230. Rights of purchaser or incumbrancer for valuable consideration

protected.

231. Conveyances with power to revoke, determine or alter.
232. Disaffirmance of fraudulent act by executor and others.

233. When remainderman may pay interest owed by life tenant.
234. Powers of courts of equity not abridged.

235. Construction of covenants in mortgages on leases of real property and bonds.

236. Construction of grant of appurtenances, et cetera, and all of the rights and estate of the mortgagor.

237. What form of mortgage on lease of real property.

§ 205. Definitions and use of terms.-The term "heirs," or other words of inheritance, are not requisite to create or convey an estate in fee. The term "conveyance," as used in this article, includes every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. Every instrument creating, transferring, assigning or surrendering an estate or interest in real property must be construed according to the intent of the parties, so far as such intent can be gathered from the whole instrument, and is consistent with the rules of law. The terms "estate" and "interest in real property," include every such estate and