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The Pamphlet Collection of Sir Robert Stout: Volume 36

Landlord and Tenant Bill

Landlord and Tenant Bill.

The following act was passed by the Legislature at its session in 1873:

"An Act to Define some of the Rights and Responsibilities of Land Lords and Tenants.

"The People of the State of New York, represented in, Sen ate and Assembly, do enact as follows:

"Section 1. Whenever the lessee or occupant other than the owner of any building or premises shall use or occupy the same or any part thereof' for any illegal trade, manufacture, or other business, the lease or agreement for the letting or occupancy of such building or premises shall thereupon become void, and the landlord of such lessee or occupant may enter upon the premises so let or occupied, and shall have the same remedies to secure possession thereof as are given by law in the case of a tenant holding over after the expiration of his lease.

" Sec. 2. The owner or owners of any building or premises knowingly leasing or giving possession of the same to be used or occupied, in whole or in part, for any illegal trade, manufacture, or business, or knowingly permitting the same to be used for any illegal trade, manufacture, or business, shall be jointly and severally liable with the tenant or tenants, occupant or occupants, lor any damage that may result by reason of such illegal use, occupancy, trade, manufacture, or business.

"Sec. 3. This act shall take effect immediately."

The following are sections 20 and 28 of chapter 628, laws of 1857, to which the preceding law is intended to fit and apply:

"Section 20. It shall not be lawful under the provisions of this act to sell intoxicating liquors to any person guilty of habitual drunkenness, nor to any person against whom the seller may have been notified by parent, guardian, husband, or wife from selling intoxicating liquors; and every party so selling or retailing intoxicating liquors shall, on proof thereof before any court of competent jurisdiction, be deprived of his license to sell, and shall not be allowed a renewal of said license, and in addition, on conviction, shall be punished by a line of not less than twenty dollars nor more than fifty dollars for each and every violation of the provisions herein set forth. If any inn, tavern, or hotel-keeper, or any other person whatsoever, knowingly (outside of any poor-house) shall sell or give to any pauper or inmate of any poor-house or almshouse strong or spirituous liquors or wines, such person or persons so offending shall be fined twenty-five dollars, and be guilty of a misdemeanor, and on conviction shall be imprisoned not more than sixty days.

"Sec. 28. Any person who shall sell any strong or spirituous liquors or wines to any of the individuals to whom it is declared by this set to be unlawful to make such sale, shall be liable for all damages which may be sustained in consequence of such sale, and the parties so offending may be sued in any of the courts of this State by any individual sustaining such injuries, or by the overseers of the poor of the towns where the injured party may reside, and the sum recovered shall be for the benefit of the party injured."

Published by the National Temperance Society and Publication House, No. 58 Reade Street, New York, at $8 per Thousand.