sort for indemnity. The notice must be given by the first convenient, practicable mail that goes on the day next to the third day of grace; or, it must at least be put into the post office for that purpose, if possible. Where the parties live in the same town, personal notice must be given, or a special messenger must be sent to the dwelling house or place of business of the party to be charged.

§ 687. Officers are appointed in all commercial places, called notaries public. When a foreign bill is to be presented for acceptance or payment, the demand is usually made by a notary; and in case of refusal, his certificate of the presentment of the bill, and of the refusal, is legal proof of the fact in any court. This certificate is called a protest, which means, for proof. A protest must be noted on the day of the demand; but it may be drawn up in form at a future period. A bill drawn in one state, upon a person in another, seems to be regarded as a foreign bill requiring a protest.

688. But notaries may also demand acceptance and payment of inland bills of exchange, and promissory notes, and protest the same for non-acceptance or non-payment. No protest, however, is legal evidence in court, except in the case of a foreign bill of exchange. Yet it is expedient, in many cases, to employ notaries, when evidence is to be preserved, because they are easily to be found when wanted as witnesses. And in the state of New York, the original protest of such notary, under seal, is evidence, in case of his death, insanity, or absence, so that his personal testimony cannot be obtained. Notaries in this state are appointed by the governor and senate wherever they shall think proper.

ble? How must the notice be served? § 687. What is a notary public? What are his duties? What is a protest? § 688. May notaries demand payment on inland bills and promissory notes? In what cases is a protest admitted as evidence in courts of law?

CHAPTER IX.

Rights of Landlord and Tenant.

§ 689. As special enactments have been made in all, or nearly all of the states, in respect to the rights of landlord and tenant, and as the laws of all the states cannot be given, this chapter has been taken from the Revised Statutes of New York. Although the law of this state differs, in many of its details, from the laws of other states, the most essential of the provisions which here follow, may be considered the common law of this country.

§ 690. Every contract for leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, is void, unless the contract or some memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made, or by an agent lawfully authorized.

§ 691. Leases for a term exceeding three years, in order to be valid, must be recorded in the same manner as conveyances of real estate, except in the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware, and Schenectady.

§692. Every conveyance of any estate, or interest in lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made or created, with intent to defraud prior or subsequent purchasers for a valuable consideration, shall be void, as against such purchasers.

§ 693. Whenever 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.

§ 689. From the laws of which state is this chapter taken? § 690. In what cases must land contracts be in writing? § 691. In what cases must leases be recorded as deeds? § 692. What is the effect of a fraudulent conveyance? § 693. How may a tenant holding over his term be dispossessed, in case of tenancy at will or by suffer.

§ 694. 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.

§ 695. 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, without any farther or other notice to quit.

696. If a tenant shall give notice of his intention to quit the premises, and shall not accordingly deliver up the possession thereof, at the time specified in the notice, such tenant, his executors or administrators, shall thenceforward pay to the landlord, his heirs or assigns, double rent, which shall be continued to be paid during the time the tenant shall continue in possession.

§ 697. If a tenant for life or for years shall wilfully hold over any lands or tenements after the termination of such terms, and after demand made, and one month's notice duly given, he shall be liable to pay to the person kept out of possession, or his representatives, at the rate of double the yearly value of the lands or tenements so detained, for the time he shall so hold over; and he shall also pay all special damages to which the person kept out of possession shall be subjected by reason of such holding over.

§698. When any certain services, or certain rent reserved out of any lands or tenements, shall not be paid when due, the person entitled thereto may distrain for the same. But no distress may be made for any rent for which a judg. ment has been recovered in a personal action.

§ 699. A landlord may secure rent due, when any goods or chattels liable to distress for rent are seized under execution, by giving notice, at any time before the sale of the goods by virtue of the execution, either to the party in whose

ance? 694. How must notice be served? § 695. How does the landlord proceed after the end of the month? 696. What if a tenant gives notice of intention to quit, but refuses? § 697. What if a tenant for life or for years refuses to quit after due notice? § 698. By what process may landlords collect rent when due and not paid? § 699, 700. How may a landlord secure rent due when property liable

favor the execution shall be issued, or to the officer holding the same, of the amount claimed by the landlord to be due, and the time during which it accrued; and by accompany. ing such notice with his own affidavit, or that of his agent, of the truth thereof.

$700. Upon receiving the notice and affidavit, the officer holding the execution, shall levy the amount of rent claimed to be due, in addition to the sum directed to be raised on the execution, and shall pay the same to the landlord; but the amount of rent to be levied shall not exceed one year's rent. If there be a deficiency of goods and chattels to satisfy both the execution and sent, the amount levied shall be first applied to the satisfaction of the rent; and the remainder shall be applied upon the execution.

§ 701. If a tenant against whom an execution is issued, shall deny that rent is due to his landlord, as claimed, he may prevent the levying thereof, by virtue of such execution, by delivering to the officer holding it, a bond, with two sufficient sureties, executed to the landlord, in a penalty of double the amount of rent claimed, with a condition that all rent due shall be paid, not exceeding one year's rent of the premises.

§ 702. If a landlord, under the foregoing provisions, claims more rent than is due to him, and if the excess be collected, the tenant may sue for and recover of the landlord double the amount of such excess. And in all cases in which rent is pretended to be due, when none is due, the owner of goods distrained may recover against the person so claiming, double their value.

§ 703. An officer making distress for rent, must give notice thereof, with the cause of the distress, the amount due, and an inventory of the articles taken, by leaving the same with the tenant, or in case of his absence, at the chief mansion house, or at some other notorious place on the premises.

§704. At the expiration of five days from the day on which the notice was served, if the amount of rent due, with costs of distress, be not paid, and the goods distrained be

to distress is under execution? § 701. What if the tenant in this case denies that rent is due? § 702. What if a landlord collects more rent than is due him? § 703, 704, 705. Describe the process of collecting

not replevied, the officer shall summon two disinterested householders, who, under oath administered by the officer shall appraise the goods and chattels distrained, and state the same in writing.

§705. Upon the appraisement being made, the officer shal give five days' notice of sale, by affixing such notice on a conspicuous part of the premises, and in two public places in the town; and on the day, and at the place appointed, he shall sell the goods at public auction, at the best price that can be obtained; and shall apply the proceeds to the satisfaction of the costs and rent, and pay the surplus, if any, to the owner of the goods.

§ 706. If distress be made for rent justly due, any irreg ularity or unlawful act afterwards done by the party dis tressing, shall not render the distress unlawful; but the party aggrieved may recover for the special damages sustained by such irregularity or unlawful act, with costs of suit.

§ 707. Every person entitled to any rents dependent upon the life of any other, may, notwithstanding the death of such other person, 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 other person was in full life.

708. If a tenant for life, who shall have rented any lands to another, shall die on or after the day when any rent shall have become due, his executors or administrators may recover from the under tenant the whole rent due: if he shall die before the day on which the rent is to become due, they may recover the proportion of rent which accrued before his death.

§ 709. When a tax on real estate shall have been collect. ed of an occupant or tenant, and the tax ought to have been paid by the landlord or any other person, the occupant or tenant may recover, by action, the amount of such tax, or retain the same from any rent due or accruing from him for the land so taxed.

rent by distress. §706. What is the effect of irregular proceedings? § 707. What remedy has the landlord in case of tenant's death? § 708. What is provided respecting the collection of rent of an under tenant in case of the death of the first tenant? § 709. What remedy has a tenant who has paid a tax which ought to have been paid by the land.