Products of SEC. 1926. The products of a thing hired, during the hiring, belong to the hirer. thing. Quiet possession. Degree of N. Y. C. C., Sec. 980. SEC. 1927. An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same. N. Y. C. C., Sec. 981. SEC. 1928. The hirer of a thing must use ordinary part of hirer. Care for its preservation in safety and in good condition. care, etc., on Must repair injuries, etc. Thing let for a particular purpose. When letter may termi. nate the hiring. When hirer may terminate the hiring. N. Y. C. C., Sec. 982. SEC. 1929. The hirer of a thing must repair all deteriorations or injuries thereto, occasioned by his ordinary negligence. SEC. 1930. N. Y. C. C., Sec. 983. When a thing is let for a particular purpose, the hirer must not use it for any other purpose; and if he does, the letter may hold him responsible for its safety during such use, in all events, or may treat the contract as thereby rescinded. N. Y. C. C., Sec. 984. SEC. 1931. The letter of a thing may terminate the hiring, and reclaim the thing, before the end of the term agreed upon 1. When the hirer uses, or permits a use of the thing hired, in a manner contrary to the agreement of the parties; or, 2. When the hirer does not, within a reasonable time after request, make such repairs as he is bound to make. N. Y. C. C., Sec. 985. SEC. 1932. The hirer of a thing may terminate the hiring before the end of the term agreed upon 1. When the letter does not, within a reasonable time after request, fulfil his obligations, if any, as to placing. and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or, 2. When the greater part of the thing hired, or that part which was, and which the letter had, at the time of the hiring. reason to believe was, the material inducement to the birer to enter into the contract, perishes from any other cause than the ordinary negligence of the hirer. N. Y. C. C., Sec. 986. SEC. 1933. The hiring of a thing terminates— 1. At the end of the. term agreed upon. 2. By the mutual consent of the parties. 3. By the hirer acquiring a title to the thing hired, superior to that of the letter; or, 4. By the destruction of the thing hired. N. Y. C. C., Sec. 987. SEC. 1934. If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract. In other cases it is not terminated thereby. N. Y. C. C., Sec. 988. ment of hire. SEC. 1935. When the hiring of a thing is terminated Apportionbefore the time originally agreed upon, the hirer must pay the due proportion of the hire for such use as he has actually made of the thing, unless such use is merely nominal, and of no benefit to him. N. Y. C. C., Sec. 989. CHAPTER II. HIRING OF REAL PROPERTY. SECTION 1941. Lessor to make dwelling house fit for its purpose. 1944. Hiring of lodgings for indefinite term. 1945. Renewal of lease by lessee's continued possession. 1946. Notice to quit. 1947. Rent, when payable. 1948. Tenant must deliver notice served on him. 1949. Letting parts of rooms forbidden. make dwell for its pur pose. SEC. 1941. The lessor of a building intended for the Lessor to occupation of human beings must put it into a conditioning house fit fit for that purpose, and must repair all subsequent dilapidations thereof, except such as are mentioned in Sec. When lessee may make repairs, etc. Term of hiring when no limit is fixed. Hiring of lodgings for indefinite term. Renewal of lease by lessee's continued possession. Notice to quit. SEC. 1942. This section changes the rule upon this subject to conform to that which, notwithstanding steady judicial adherence for hundreds of years to the adverse doctrine, is generally believed by the unprofessional public to be law, and upon which basis they almost always contract. The very fact that there are repeated decisions to the contrary, down to the year 1861, shows that the public do not and cannot understand their justice, or even realize their existence. So familiar a point of law could not rise again and again for adjudication, were it not that the community at large revolt at every application of the rule. A partial reform has been effected by the Legislature in suspending the rent of houses destroyed or injured, in certain cases (Laws 1860, Chap. 345), and it ought to be carried still further. N. Y. C. C., Sec. 990. If, within a reasonable time after notice to the lessor, of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor. N. Y. C. C., Sec. 991. SEC. 1943. A hiring of real property, other than lodg ings [and dwelling houses], in places where there is no usage on the subject, is presumed to be for one year from its commencement [unless otherwise expressed in the hiring]. N. Y. C. C., Sec. 992. SEC. 1944. A hiring of lodgings [or a dwelling house] for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hiring at a monthly rate of rent is presumed to be for one month. In the absence of any agreement respecting the length of time or the rent. the hiring is presumed to be monthly. N. Y. C. C., Sec. 993. SEC. 1945. If a lessee of real property remains in possession thereof, after the expiration of the hiring, and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one year. N. Y. C. C., Sec. 994. SEC. 1946. A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in the last section, at the end of the term implied by law, unless one of the parties gives notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month. N. Y. C. C., Sec. 995. payable. SEC. 1947. When there is no usage or contract to the Rent, when contrary, rents are payable at the termination of the holding, when it does not exceed one year. If the holding is by the day, week, month, quarter or year, rent is payable at the termination of the respective periods, as it successively becomes due. [New section.] NOTE.-Substitute for Sec. 996 of the New York Civil Code. SEC. 1948. Every tenant who receives notice of any proceeding to recover the real property occupied by him, or the possession thereof, must immediately inform his landlord of the same. N. Y. C. C., Sec. 997. Tenant must deliver no tice served on him. Letting parts of bidden. SEC. 1949. One who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding rooms forany a reement to the contrary; and if a landlord lets a room as a dwelling for more than one family, the person to whom he first lets any part of it is entitled to the possession of the whole room for the term agreed upon, and every tenant in the building, under the same landlord, is relieved from all obligation to pay rent to him. This provision is intended to prevent one of the chief abuses of tenement houses. Mere penalties, whether civil or criminal, are not likely to be enforced. But the loss of rent would be a punishment that could be enforced by way of defence to an action. N. Y. C. C., Sec. 998. CHAPTER III. HIRING OF PERSONAL PROPERTY. SECTION 1955. Obligations of letter of personal property. 1957. Extraordinary expenses. 1959. Charter party, what. Obligations of letter of personal property. Ordinary expenses. Extraordinary expenses. Return of thing hire.l. Charter party, what, SEC. 1955. One who lets personal property must deliver it to the hirer, secure his quiet enjoyment thereof against all lawful claimants, put it into a condition fit for the purpose for which he lets it, and repair all deteriorations thereof not occasioned by the fault of the hirer, and not the natural result of its use. N. Y. C. C., Sec. 999. SEC. 1956. A hirer of personal property must bear all such expenses concerning it as might naturally be fore seen to attend it during its use by him. All other expenses must be borne by the letter. N. Y. C. C., Sec. 1000. SEC. 1957. If a letter fails to fulfil his obligations, as prescribed by Sec. 1956, the hirer, after giving him notice to do so, if such notice can conveniently be given, may expend any reasonable amount necessary to make good the letter's default, and may recover such amount from him. N. Y. C. C., Sec. 1001. SEC. 1958. At the expiration of the term for which personal property is hired, the hirer must return it to the letter at the place contemplated by the parties at the time of hiring, or, if no particular place was so contemplated by them, at the place which it was at that time. N. Y. C. C., Sec. 1002. SEC. 1959. The contract by which a ship is let is termed a charter party. By it the owner may either let the capacity or burden of the ship, continuing the employment of the owner's master, crew and equipments, or may surrender the entire ship to the charterer, who then provides them himself. The master or a part owner may be a charterer. N. Y. C. C., Sec. 1003. TITLE VI. SERVICE. CHAPTER I. SERVICE WITH EMPLOYMENT. III. SERVICE WITHOUT EMPLOYMENT. |