Imagens das páginas

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


entitled to



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

S 18. Property distrained for rent, or so much thereof as Property, dis- will be sufficient to make satisfaction in full, shall be sold by huw disposed of 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


$ 20. A person entitled to rents dependent upon the life Remedies to per- of another, may, notwithstanding the death of the latter, rent dependewe have the same remedy, by action or distress, for the rents

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

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 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,

sonal representative.

as to advertising


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

§ 25. All executions which shall issue on a sale or replevin Es find on such, bond, taken on a distress, shall be indorsed that no security any

kind is to be taken. § 26. If property be distrained for any rent not due, or Double damages 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.

recoverable for il

for life or years.




man or reversion

ARTICLE III. Waste, Damages, and Rights of Remaindermen. § 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 Damages remainder or reversion in fee-simple after an intervening ble by remainderestate for life or years, and also by one who has a remainder er. 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.

§ 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 delivered. remains in possession, he shall be liable to the party injured for damages.

$ 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. $ 7. If, in any action for waste, the jury find that the Waste commit

ted wantonly. waste was wantonly committed, judgment shall be entered for three times the amount of the damages assessed.


before possession

in common, joint


$ 8. An action for waste may be brought against the repRepresentative resentatives of a tenant, or if instituted in the lifetime of of tenant may be sued for. 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, com

mit, 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,

:0 is to expire on a certain day, the tenant shall abandon the hold over; rights of landlord for premises on that day, unless by express contract he secures of tenant after yo 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.

tion of crop--effect of.


$ 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

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.

&c., how termic

bor by tenant.

When tenancy at will, &c., may be terminatedStipulations

for Labor-Notice-Exemption. § 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 nated. 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

requisite. special agreement, notice is dispensed with.

$ 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 Writ of forcible forcible entry or detainer, on the premises mentioned in the how to be servsame, 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 ex- Property exempt empted from distress or attachment for rent, except for when money or property furnished the tenant by the landlord


from distress.

not exempt.

GEN, STAT. -39

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.


What Decisions and Laws to be received as evidence-When Acts to take

eflect--Law Books, preservation of.

vihat are evidence

§ 1. The decisions of the courts of Great Britain, renBritish decisions dered since the fourth day of July, one thousand seven since 1776.

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 them.

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

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.

$ 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

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

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, Copies of acts, which may be printed for the State, shall be delivered over Low disposed of.

to the Secretary thereof, and by him distributed as hereinafter directed.

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

ture, when to take effect.

to be stated.

Private acts.

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