USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1817 > Part 34
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Hulmesville, (Pa.)-arrives on Tuesday, Thurs- dav and Saturday at half past 5 A. M. and closes on Monday, Wednesday and Friday at half past 12 P. M.
Newton and Attleborough-arrives on Thursday at half past 5 A. M. and closes Tuesday at half past 12 A. M.
Burlington, Trenton, Princeton, Brunswick, Woodbridge, Rahway, Elizabeth Town, New Ark, Jersey City and Amboy-arrives daily at half past 5 A. M. and closes daily at half past 12 P. M.
Newtown, Morristown, Sparta and Orange-ar- rives on Tuesday, Thursday and Saturday at half past 5 A. M. and closes on Monday, Wednesday, and Friday at half past 12 P. M.
Via Easton, (Pa.) for Johnsonsburg, Pittstown, Hamburg, Belvidere, Hope, Knowlton Mills, Deek-
T. Tennessee
N. J. New-Jersey
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erton, Harmony and Vernon, N. J-arrives on Tues- day at 6 A. M. and closes on Monday at 2 P. M.
For all other Offices in East New Jersey-arrives on Wednesday at half past 5 A. M. and closes on Monday at half past 12 A. M.
SOUTHERN MAIL-Mails for Delaware, Mary- land, Virginia, N. Carolina, S. Carolina & Georgia States, and part of Ohio State, South and West of Chilicothe-arrives daily at 1 P. M. and closes daily at half past 5 A. M.
New Orleans, Mississippi Territory, and Tennes- see State-arrives on Monday and Friday at 1 P. M. and closes on Thursday and Saturday at half past 12 P. M.
London Grove, Chatham, New Garden, Cochrans- ville, and Strasburg, L. Cy. Penna .- arrives on Wednesday at 1 P. M. and closes on Saturday at 5 A. M.
MAILS FOR PITTSBURG (PA.) and interme- diate offices, and via Pittsburg, Pa. for Ohio, Ken- tucky, and Indiana States, Missouri Territory- arrives da.ly at 4 P. M. and cluses daily at 4 P. M.
Via Harrisburg, Pa. for Mifflin and Huntingdon Counties-arrives on Wednesday at 4 P. M. and closes on Saturday at 4 P. M.
Via Columbia, Pa. for York and Adams Counties e-arrives on Tuesday, Thursday and Saturday at 1 P. M. and closes on Tuesday, Thursday and Sat- urday at 4 P. M.
Via Dowwningstown, Pa. for West Chester, Ken- nett Square, New London # Roads, Oxford, (Ch. Cy.) and White Horse and Mount Pleasant, L. Cy. -arrives on Wednesday at 4 P. M. and closes on Monday at 4 P. M.
MAILS FOR READING, (PA.) and intermedi- ate offices-arrives on Monday, Thursday and Sat- urday at 6 A. M. and closes on Monday, Wednes- day and Friday at 2 P. M.
Via Reading, for Berks, Lebanon and Dauphin Counties-arrives on Monday and Saturday at 6 A. M. and closes on Monday and Friday at 2 P. M.
Via Reading, for Northumberland, Union, Co- lambia, Lycoming and Centre Counties-arrives on Ss
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Monday at 6 A. M. and closes on Monday at 2 P. M.
Via Harrisburg, for Halifax, (D. Cy.) Seelin's Grove, (U. Cy.) Sunbury and Northumberland, (Northd. Cy.) Milton, (Ca. Cy.) and Williainsport L. Cy .- arrives on Wednesday at 4 P.M. and closes on Wednesday at 4 P. M.
MAILS FOR EASTON, (PA.) and intermediate Offices-arrives on Tuesday, Thursday and Satur- day at 4 P. M. and closes on Monday, Wednesday and Saturday at 2 P. M.
Via Easton, Pa. for Northampton, Luzerne, Pike, Wayne, Susquehanna and Bradford Counties, Pa. and Gennessee, New York-arrives on Tuesday at 6 A. M. and closes on Wednesday at 4 P. M.
MAILS FOR BETHLEHEM-Montgomery Square, Allentown, Lausanne, Kreidersville, and Berwick, Penna .- arrives on Tuesday, Thursday and Saturday at 6 P. M. and closes on Monday, and Friday at 2 P. M.
From 1st November to 1st May-arrives on Tuesday and Friday at 6 P. M. and closes
on Tuesday and Friday at half past 12 P. M. Nazareth, Pa .- arrives on Tuesday and Saturday at 6 P. M. and closes on Wednesday with the Eas- ton Mail, and on Friday with the Bethlehem.
MAILS FOR BRIDGETOWN, (W. N. J.) and intermediate Offices-arrives daily at 3 P. M. and closes daily at 3 P. M.
Via Bridgetown, for Cedarville, Fairton and Di- viding Creek-arrives on Monday, Wednesday and Friday at 3 P. M. and closes on Monday, Wednes- day and Friday at 3 P. M.
Via Bridgetown, for Millville, Port Elizabeth, Dennis's Creek, Cape May C. H. and Cape Island- arrives on Monday and Friday at 3 P. M. and closes on Wednesday and Saturday at 8 P. M.
For Salem, N. J. via Woodbury, Sweedsborough, and Woodstown-arrives on Monday, Wednesday, and Friday at 3 P. M. and closes on Monday, Wed- nesday and Friday at 3 P. M.
For Tuckerton, Somer's Point, Long-a-Coming, Evesham, Sooy's Inn, May's Landing, and Absecom,
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N. J .- arrives on Tuesday at 4 P. M. and closes ou Wednesday at 3 P. M.
For Mount Holly and Moore's Town-arrives daily at half past 12 P. M. and closes daily at half past 12 P. M.
For Bordentown, New Mills, Haddonfield, New Egypt, and Black Horse, N. J .- arrives on Wednes- day at 4 P. M. and closes on Thursday at 3 P. M.
SWIFTSURE MAIL, via Jenkin Town and New Hope, Pa. Somerset C. H. Plainfield, Springfield, Bound Brook, and Scotch Plains, N. J .- arrives on Monday, Thursday and Saturday at 4 P. M. and closes on Tuesday, Thursday and Saturday at 6 A. M.
GERMANTOWN, (PA.) MAIL-arrives daily at 8 A. M. and closes daiy at 4 P. M.
Letters must be left at the Post-Office within the time specified, to insure their going in the Mail of the day: and Newspapers half an hour before that time. As there are several places of the same name, in the United States, it is necessary that the directions should be particular ; the States should be distinguished, and when it might otherwise be doubtful, the Counties. When letters are not for a Post-town, the nearest Post-town ought to be men- tioned.
The Office is open daily, from sunrise to sunset ; except on Sundays, the Fourth of July, and Christ- mas day, when it is open from 8 to 9 o'clock, A. M. and from 2 to 3 o'clock, P. M.
Persons wishing to pay postage when the office is shut, can enclose the money with the letter, directed to " The Post-Office." Those who keep accounts with the Carriers, or Office, will please to enclose the letter directed in the same manner, with a request tliat the postage be charged to their account.
All notes, or letters, deposited in this Office, direct- ed to any part of the City this side of Broad street, and to the populous parts of the Northern Liberties and Southwark, will be carried out three times a day, viz. at 8 A. M. 1 P. M. and before sunset in this afternoon.
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AT the request of a number of our Subscribers, we republish by permisson of RICHARD BACHE, Esq. the procedures with respect to LANDLORD and TE- NANT, from his " Manual of a Pennsylvania Justice of the Peace."
LANDLORD AND TENANT LAW.
The only direct mode of trying the title to real estate in Pennsylvania, is by ejectment ; and even where the title was undisputed, an ejectment was, also, the only mode of obtaining the possession of real estate, until the year 1772, when an act of assembly was passed, to prevent the necessity of resorting to a process so expensive and dilatory, in cases arising between landlord and tenant. The preamble thus states the motive of the legislature in passing the act .- " And whereas it frequently happens within this province, that lessees or te- nants for years, or at will, often hold over the tene- ments to them devised after the determination of such leases, and although such lessees and tenants have been required to deliver up the tenements to the landlord or lessor, who had occasion to dwell in his own house, or give, grant or demise the same to another, yet they have most unjustly refused so to do, and have obliged the lessors or landlords, at a great expense, to bring ejectments against their tenants, and by the delays incident to law proceed- ings, have kept the owner of the house at law, and out of possession, several years."
" For preventing, therefore, such unjust prac- tises," a remedy was provided in the following words.
" Be it further enacted, That where any person or persons in this province, having leased or de- mised any lands or tenements to any person or per- sons for a term of one or more years, at will, paying certain rents, and he or they, or his or their heirs or assigns, shall be desirous upon the determination of the lease to have again and re-possess his or their estate so demised, and for that purpose shall de- mand and require his or their lessee or tenant to remove from and leave the same, if the lessee or
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tenant shall refuse to comply therewith, in three months after such request to him made, it shall and may be lawful to and for such - lessor or lessors, his or their heirs and assigns, to complain thereof, to any two justices of the city, town or county, where the demised premises are situate, and upon due proof made before the said justices, that the said lessor or lessors had been quietly and peacea- bly possessed of the lands or tenements so demand- ed to be delivered up, that he or they demised the same, under certain rents, to the then tenant in pos- session, or some person or persons under whom such tenant claims, or came into possession, and that the term for which the same was demised is fully ended, that then, and in such case, it shall and may be lawful for the said two justices, to whom complaint shall be made as aforesaid, and they are hereby enjoined and required forthwith to issue their warrant, in nature of a summons, di- rected to the sheriff of the county, thereby com- manding the sheriff to summon twelve substantial freeholders to appear before the said justices, within four days next after issuing the same summons, and also to summon the lessee or tenant, or other per- son claiming or coming into possession under the said lessee or tenant, at the same time to appear before them, the said justices and freeholders, to shew cause, if any he has, why restitution of the possession of the demised premises should not be forthwith made to such lesaor or lessors, his or their heirs or assigns ; and if, upon hearing the par- ties, or in case of the tenant's, or other persons claiming or coming into possession under the said lessee or tenant, neglect to appear, after being sum- moned as aforesaid, it shall appear to the said jus- tices and freeholders, that the lessor or lessors had been possessed of the lands or tenements in ques- tion, that he or they had demised the same for a term of years, or at will, to the person in possession or some other under whom he or she claims or came into possession, at a certain yearly or other rent, and that the term is fully ended, that demand had been made of the lesee, or other person in posses-
Ș s 2
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sion as aforesaid, to leave the premises three montils before such application to the said justices, that then, and in every such case, it shall and may be lawful for the said two justices to make a record of such finding by them, the said justices and free- holders, and the said freeholders shall assess such damages às they think right against the tenant, or other person in possession as aforesaid, for the un- just detention of the demised premises, for which damages, and reasonable costs, judgment shall be entered by the said justices, which judgment shall be final and conclusive to the parties, and upon which the said justices shall, and they are hereby enjoined and required to issue their warrant, under their hands and seals, directed to the sheriff of the county, commanding him forthwith to deliver to the lessor or lessors, his or their heirs or assigns, full possession of the demised premised aforesaid, and to levy the costs, taxed by the justices, and damages, so by the freeholders aforesaid assessed, of the goods and chattels of the lessee or tenant, or other person in possession as aforesaid, any law, custom or usage, to the contrary notwithstanding."
The remedy thus, generally, supplied in favour of landlords, is still, however, qualified so as to preclude the justices from proceeding to determine a question of title to the estate, by the following proviso :
" Provided always, nevertheless, That ifthe tenant shall alledge that the title to the lands and tene- ments in questien is disputed, and claimed by some other person or persons, whom he shall name, in virtue of a right or title accrued or happening since the commencement of the lease, so as aforesaid- made to him, by descent, deed, or from or under " the last will of the lessor, and if thereupon the per- son so claiming shall forthwith, or upon a summons, immediately to be issued by the said justices, re- turnable in six days next following, before them appear, and on oath or affirmation, to be by the said justices administered, declare that he verily. be- lieves that he is entitled to the premises in dispute, and shall, with one or more sufficient sureties, be-
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come bound by recognizance in the sum of one hundred pounds to the lessor or lessors, his or their heirs or assigns, to prosecute his claim at the next court of common pleas to be held for the county where the said lands and tenements shail be, that then, and in such case, and not otherwise, the said justices shall forbear to give the said judg- ment. Provided also, That if the said claim shall not be prosecuted, according to the true intent and meaning of the said recognizance, it shall be for- feited to the use of the lessor or landlord, and the justices aforesaid shall proceed to give judgment, and cause the lands and tenements aforesaid to be delivered to him in the manner herein before en- joined and directed."
With this view of the express provisions, we may connect the practical operation of the law, under these considerations.
1st. To what cases the remedy applies
2d. In what manner the remedy must be pursued.
3d And what is the nature of the judgment and execution.
1st. To what cases the remedy applies.
Istly. There must have been a contract, express, or implied, in the nature of a lease, by which the party in possession originally became tenant of the èstate upon payment of a certain yearly or other rent. Such a tenancy may exist on a writing, or by parol ; and it may be a tenancy for years or at will. It is provided, however, by an act of assembly, " that all lcases, estates, interests of freehold, or term of years, or any uncertain interest, of, in, or out of any messuages, manors, lauds, tenements or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents, thereunto lawfully authorised by wri- ting, shall have the force and effect of leases or estates at will only, and shall not, either in law or equity, be deemed ortaken to have any force or effect, any consideration for making any such parol leases or estates, or any former law or usage to the contrary, notwithstanding; except, nevertheless, all
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leases not exceeding the term of three years from the making thereof : And moreover, that no leases, estates or interests, either of frechold, or term of years, or any uncertain interest, of, in, to or out of any messuages, manors, lands, tenements, or here- ditaments, shall, at any time after the said tenth day of April, one thousand seven hundred and seventy- two, be assigned, granted or surrendered, unless it be by deed or note, in writing, signed by the party so assigning, granting or surrendering the same, or their agents, thereto lawfully authorised by writing, or by act and operation of law "
2dly. The lease, or tenancy for years, must have expired ; or in the case of a tenancy at will, the lessor must be desirous to terminate it.
3dly. The lessor, his heirs, or assigns, must have demanded and required his lessee or tenant, or the person actually in possession under such lesse or tenant, to remove from and leave the premises.
4thly. 'The lessee, or tenant, must have refused to comply with such request for three months after it was made.
From this view of the circumstances, under which the summary remedy is granted to a lessor to recover possession of his estate, it is obvious that the regularity of the notice to quit, will be essential to the efficacy of all the subsequent proceedings. It is proper, therefore, to consider more particu- larly (1st.) the form and service of the notice ; (2d.) the time allowed for removal after notice ; and (3d.) the effect of waving the notice.
(1st.) The form and service of the notice to quit.
The notice should state the nature of the pre- existing lease ; should describe the premises leased ; should specify, when the lease terminated, or will terminate ; should declare the lessor's desire to have again and re-possess the premises ; and should de- mand and require the tenant in possession to remove from and leave the same. It should be directed and delivered to the tenant in possession ; or, it should be left for him with some of his family at his usual place of abode on the premises, or elsewhere, if the premises are not occupied as a dwelling place. It
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should be signed by the lesser ; and for convenience of proof, it should be served in the presence of one or more witnesses, who will do well to affix his name, or their names, to a copy of the notice .*
(2d.) The time allowed for removal, after notice to quit.
By the act it is declard, that "if the lessee ,or tenant, shall refuse to comply with the notice, in three months after such request to him made," the lessor may institute his complaint before two justi- ces. By the act it is further declared, that (among other things) proof shall be given to the justices " that demand had been made of the lessee, or other person in possession as aforesaid, to leave the pre- mises three months before such application to the said justices." But still a question has arisen, whether the notice must he given during the con- tinuance, and three months before the termination, of the tenancy ; or may be given at any time, after the expiration, as well as during the continuance of the original lease, while the actual possession con- tinues, although the notice cannot be enforced, until the expiration of three months from its date ? The bare words of the act, perhaps, may give some room for the question ; but the context of the law, and
Form of Notice to Quit.
SIB-Having occupied a certain messuage or tenement, with the appurtenances, belonging to me, situate on the north side of Vine-street (No. - ) between Sixth and Seventh-streets, in the township. of Penn, for the term of two years, viz from the first day of January, A. D. 1808, until the first day of January, A. D. 1810, which were demised to you by me for the said term of two years, and which said term expired and terminated on the d'ay and year last aforesaid; I hereby notify ou, that it is my desire to have again and repossess the said pre- mises, and I do therefore hereby demand and re- quire you to leave the same.
R. V. To J. W.
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the principles, which it embraces, seem to afford a satisfactory solution.
It is to be recollected, that as this is a new remedy, it must be strictly pursued ; and conse- quently that to bring any case, within the benefit of the act there must be proof made (among other things) of the termination of the lease, and of three months notice to quit, before application was made to the justices. It must, also, be recollected, that the summary remedy is expressly given in the case of lease at will, as well as in the case of a lease for years ; and that what the law does not require, cannot be required in either case by any other au- thority. Now a tenancy at will, is defined to be an estate, " where lands and tenements are let by one man to another, to have and to hold, at the will of the lessor; and the tenant by force of this lease obtains possession." In the case, therefore, of a lease at will, the lessor may clearly, at any time, give the notice to quit ; and three months after- wards, he will be entitled to the benefit of the act. But an estate for years, is defined to be, " a contract for the possession of lands, or tenements, for some determinate period; and it takes place where a man letteth them to another for a certain number of years, agreed upon by the lessor and the lessee enters thereon," If, then, at any time during the continuance of such a leese, a notice to quit is given, what is to prevent the application of the statutory remedy, on proving before the justices, tnat the term of the lease was fully ended, and that three months had elapsed, since the demand of possession, which is all the statute, in this respect, requires to be proved ? The evil recited in the preamble to the twelfth section of the act, is, that it frequently hap- pens " that lessees, or tenants for years, or at will, often hold over the tenements to them demised, after the determination of such leases ;"' and the case for relief, contemplated by the enacting part of the section, is, where the lessee is desirous " upon the determination of the lease, to have again and repos- sess his estate so demised ;" and is able to prove, " that the term for which the same was demised
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is fully ended." From these and other expressions, it is interred, that the legislature meant to provide for the case of a lease determined, according to the original express contract between the parties ; and not for the case of a lease, arising by mere operation of law. Thus, in the case of a lease expressly for one year, three months notice to quit, would avail, whenever given, whether given during the year, but not three months before its expiration ; or given after the year, when the tenant no longer holds un- der the lease, but at sufferance. 2 Black. Com. 151.
In case, however, of a lease expressly from year to year (which means, of course, so long as both parties please) notice to quit cannot, it would seem, be enforced during any current year, unless it were given three months previously to the expiration of the preceding year ; for the term demised, accord- ing to the original contract, cannot be said to be fully ended. But even in this case, it has been said, tbat the practice in the city of Philadelphia is contrary, though not recognised by any judicial de- cision.
Having stated this result from an analysis of the act of assembly, it is proper to .compare, and to endeavour to reconcile it, with the decisions of our courts, so far as they can be ascertained.
In Shaw v. Smither it appeared, that the plain- tiff alledged that he had leased the premises for three months (which, however, the jury found to be for a year) from the 11th of November, 1805 ; that on the 30th of May, 1806 (above six months after the date of the lease) he gave the defendant notice to quit in three months, which would ex- pire on the 30th of August, 1806; that on the 19th of January, 1807, (five months after the ex- piration of the notice) he issued process against . the defendant; and that on the 31st of January 1807, the jury found, " that Shaw had demised to Smither and his assignees, until the end and term of one year, or more; and that the said term is fully ended." On this finding of facts, an opinion was given by a highly respectable au- thority, as a guide to the decision of the justices,
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on the question, whether process for the restitu- tion of possession to the plaintiff should issue ? The substance of the opinion was this : -
" A lease until the end or term of one year, or more, is a lease absolutely for one year determi- nable on the expiration thereof by either party. The year, in the present case, consequently ex- pired on the 11th of November, 1806. The no- tice to quit, which is dated the 31st of May. 1806, requires a removal in three months after the date; there is a removal during the actual continuance of the demise, or several months before the ex. piration of the year. The notice is, therefore, clearly illegal and void .. As Shaw has not deter- mined the lease of Smither, according to the terms of the contract, Smither legally became tenant of the premises for a second year, which will expire on the 11th of November, 1807; and Shaw, to evict him under the act of assembly, should give him notice to quit, at least, three months before the 11th of November. The find- ing by the jury, that the term is fully ended, is a . false conclusion, and repugnant to their previous finding, that the lease was for a year or more. They have stated the facts ; but they have drawn an improper and illegal inference from them. Upon the whole, my present opinion is, that Smi- ther remains, on legal principles, the tenant of the premises; and that no writ of restitution should be issued against him, by the Justices, who held the inquisition .*
On this case, it is only necessary to make a few remarks, in order to establish its consistency with the construction, which we have given to the Act of Assembly, Ist. There was an express lease for a year or more. 2d. The notice required the tenant to quit the premises during the actual
* It will not, it is hoped, be deemed improper to observe, that the opinion here cited, has been considered and sanctioned by a respectable judge.
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