Imagens das páginas

Property dis how disposed of

trained for rent,

§ 18. Property distrained for rent, or so much thereof as will be sufficient to make satisfaction in full, shall be sold by the officer, unless within ten days from the day of levy the demand be replevied, or by other legal procedure a sale is prevented.

19. The same remedy to recover arrearages of rent due on a lease for life or lives shall be allowed, as if such lease

were for years.

§ 20. A person entitled to rents dependent upon the life Remedies to per- of another, may, notwithstanding the death of the latter,

son entitled to


dependent have the same remedy, by action or distress, for the rents

upon the life of another.

Remedies for rent against tenant for lite the same as against tenant for years.

recover full satisfaction for the special damage he shall have
sustained thereby.

in arrear, as he might have had if such person were living. 21. The right and remedies of a husband, who, in the Remedies to hus right of his wife, hath any interest in or title to rents in arrear whilst she is alive, shall in nowise be affected by her death.


§ 22. The personal representatives of a person to whom Remedy to per- any rent was due and unpaid at the time of his death, shall

sonal representa-

have the same remedy, by action or by distress, for the
recovery of the arrears of such rent, that the decedent
would have had if living.

§ 23. If distress be made for rent, the officer making the

Duty of officer same shall advertise the time and place of the sale, in the

as to advertising

sale of property, same manner that sheriffs are directed to advertise personal

and selling same.

property sold under execution, but shall not be advertised.
in a newspaper, though a local law may so require in regard
to sales under execution; and shall sell so much thereof as
will satisfy the rent and all interest and costs to the highest
bidder, on a credit of three months, with interest from the
date, and take from the purchasers bonds and good surety
for the sale money, which he shall return with the warrant,
and upon which, at maturity, if the same be not satisfied,
the officer before whom it is returned, or clerk of the circuit
court, shall issue execution directed to any county which the
plaintiff may designate.

§ 24. A distress for rent may, at any time before a sale of Replevin allowed the property, be replevied for three months, by the defend

ant's giving bond and good surety, to be approved by the
officer; whereupon the property seized shall be restored,

[ocr errors][ocr errors][ocr errors]

and the officer shall return the precept and replevin bond, to be proceeded on as is provided in case of a sale bond.

how indorsed.

$25. All executions which shall issue on a sale or replevin Fifa, on such, bond, taken on a distress, shall be indorsed that no security of any kind is to be taken.

Double damages recoverable for il


§ 26. If property be distrained for any rent not due, or attached for any rent not due or accruing, or taken under legal distress and any attachment sued out without good cause, the owner of such property may, in an action against the party suing out the warrant of distress or the attachment, recover double damages for the wrongful seizure, and if the property be sold, for double the value thereof.


Waste, Damages, and Rights of Remaindermen.

for life or years.

§ 1. If any tenant for life or years shall commit waste Waste by tenant during his estate or term, of anything belonging to the tenement so held, without special license, in writing, so to do, he shall be subject to an action of waste, shall lose the thing wasted, and pay treble the amount at which the waste shall be assessed,

§ 2. The action may be maintained by one who has the remainder or reversion in fee-simple after an intervening estate for life or years, and also by one who has a remainder or reversion for life or years only, and each of them shall recover such damages as it shall appear that he has suffered by the waste complained of.


§ 3. An heir may bring and maintain an action for waste Heir may recover done in the time of his ancestor, as well as in his own time.

before possession


§ 4. If a vendor or tenant of land commit any waste Waste by vendor thereon, after he has sold his interest in it, but while he remains in possession, he shall be liable to the party injured for damages.

in common, joint

§ 5. If a tenant in common, joint tenant, or parcener, Waste by tenant commit waste, he shall be liable to his co-tenants, jointly tenant, &c. or severally, for damages.


§ 6. If a guardian commit waste of the estate of his ward, Waste by guard. he and his sureties shall be liable on his bond to the ward for damages, at the expiration of his guardianship.

ted wantonly.

7. If, in any action for waste, the jury find that the Waste commitwaste was wantonly committed, judgment shall be entered for three times the amount of the damages assessed.

Damages ble by remainder



man or reversion



Representative of tenant may be sued for.

8. An action for waste may be brought against the representatives of a tenant, or if instituted in the lifetime of the tenant, may be revived against his representatives after his death.


9. If the tenant or person in possession of any land Waste-how pre- shall, pending an action to recover or charge said land, commit, or is about to commit, any waste thereon, the court in which the action is pending may order a receiver to take possession of the land, or stay the committing of waste by injunction or restraining order.


Tenant not to hold over-Remedy of Landlord-Limitation. § 1. If by contract a term or tenancy, for a year or more,

Tenant not to is to expire on a certain day, the tenant shall abandon the

hold over; rights

of landlord for

90 rights

of tenant after 90


premises on that day, unless by express contract he secures the right to remain longer. If without such contract the tenant shall hold over, he shall not thereby acquire any right to hold or remain on the premises for ninety days after said day; and the possession may be recovered without demand or notice, if proceedings are instituted within that time. But if proceedings are not instituted within said time, then none shall be allowed until the expiration of one year from the day the term or tenancy expired; and at the end of said year the tenant shall abandon the premises without demand or notice, or stand in the same relation to his landlord that he did at the expiration of the term or tenancy aforesaid; and so from year to year, until he abandons the premises, is turned out of possession, or makes a new contract.



§ 1. Contracts by which a landlord is to receive a portion

Contract for por of the crop planted or to be planted, as compensation for

tion of crop-effect of.

the use or rent of the land, shall vest in him the right to such portion of the crop when planted as he has contracted for, though the crop may be planted or raised by a person other than the one contracted with; and so if the land be planted in a different kind of crop than the one contracted for, and for the taking of or injury to any of the crops aforesaid, the landlord may recover damages against the wrongdoer. The landlord may also have an injunction against any

person to prevent the taking or injury of his portion of the crops aforesaid; but nothing contained in this section shall bar the landlord of his right to such damages against the person contracted with as he may sustain by reason of the land being planted, without his assent, in a crop other than that contracted for, or not planted at all, nor for failure to cultivate the crop in a proper manner. This section shall include a purchaser, without notice, of a growing crop or crop remaining on the premises, though severed from the land; but it shall not apply to a purchaser, in good faith, without notice, of a crop, after it has been removed for the space of twenty days from the rented premises on which it was planted.


When tenancy at will, &c., may be terminated-Stipulations for Labor-Notice-Exemption.

&c., how termi

§ 1. A tenancy at will or by sufferance may be terminated Tenancy at will, by the landlord giving one month's notice, in writing, to the tenant requiring him to remove.



§ 2. No notice to quit shall be necessary from or to a Notice when not tenant whose term is to end at a certain time, or when, by special agreement, notice is dispensed with.

bor by tenant.

§ 3. When a tenant enters or holds premises by virtue Contract for laof a contract, in which it is stipulated that he is to labor. for his landlord, and he fails to begin such labor, or if, having begun, without good cause fails to comply with his contract, his right to the premises shall at once cease, and he shall abandon them without demand or notice.

§ 4. If the officer cannot find the defendant, in a writ of forcible entry or detainer, on the premises mentioned in the same, and there shall be no member of the defendant's family thereon over sixteen years of age with whom notice can be left, posting a copy of the notice of the time and place of the meeting of the jury, in a conspicuous place on the premises, shall be deemed an execution of the notice; explaining and leaving a copy of it with a member of the defendant's family, over sixteen years of age, if on the premises, shall also be a good service of the notice.

$ 5. Property exempted from execution shall be also exempted from distress or attachment for rent, except for money or property furnished the tenant by the landlord


Writ of forcible

entry or detainer

how to be serv


[blocks in formation]

for the purpose of enabling the tenant to subsist, or to raise his crop, for which the landlord shall have a lien on the whole crop of the tenant raised on the leased or rented premises.


since 1776.

§ 1. The decisions of the courts of Great Britain, ren British decisions dered since the fourth day of July, one thousand seven hundred and seventy-six, shall not be of binding authority in the courts of Kentucky, but may be read in court and have such weight as the judges may think proper to give


Private acts.


What Decisions and Laws to be received as evidence-When Acts to take effect-Law Books, preservation of.

§ 2. The session acts and resolutions of the General AsBooks of laws-sembly, heretofore or hereafter published, the editions of

what are evidence

the statutes of Kentucky by Daniel Bradford, by William Littell, by Littell and Swigert, by Morehead and Brown, and in part by Preston S. Loughborough, the edition of the Virginia statutes by William Waller Henning, Richard H. Stanton's new edition of the Revised Statutes of Kentucky, the Supplement to the Revised Statutes by Harvey Myers, and this second revision of the statute laws, shall be received as evidence in the courts and tribunals of this State.

Copies of actshow disposed of.

§3. An act of Assembly shall take effect two months.

Act of Legisla from and after the time it shall be approved by the Govern

ture, when to take effect.

or; or, if it be passed against his objections, from the period of such passage, unless a different time be fixed by the act.

§ 4. The day of the approval of an act of assembly by

Date of approval the Governor, or, if passed against his objections, the day

to be stated.

it so passes, shall be stated at the end of the same.

§ 5. Acts of incorporation and private acts of the General Assembly may be declared on and given in evidence without being specially pleaded.

§ 6. All the copies of the acts of the General Assembly, which may be printed for the State, shall be delivered over to the Secretary thereof, and by him distributed as hereinafter directed.

§ 7. The following persons shall each be entitled to one

« AnteriorContinuar »