§14. In case there is neither father nor mother, or none that can lawfully inherit the estate, it descends to the living brothers and sisters of the intestate, and the descendants of those that are dead. If he has neither father nor mother, nor brothers and sisters or their descendants, the estate, if it came to him on the part of his father, goes to his father's brothers and sisters and their descendants, if any; but if not, then to the mother's brothers and sisters and their descendants.

§ 15. If the intestate has neither father nor mother, nor brothers and sisters, or their descendants, and the estate came to him on the part of the mother, it descends first to the mother's brothers and sisters and their descendants; but if the inheritance came not on the part of either father or mother of the intestate, it descends equally to the brothers and sisters of both his father and mother.

CHAPTER XXIX.

Of the Proof and Recording of Deeds and Mortgages.

§ 1. EVERY person capable of holding real property, may also dispose of and convey his right or interest in such property to another person. To convey here means to transfer, or pass over to others, the right or ownership of property, so that they shall have the same interest in it as the person conveying it had before he conveyed it. Hence, the writing by which a right is thus transferred, is called a conveyance, but more frequently the instrument by which a title to land is conveyed, is called deed.

§2. A purchaser of land could not securely hold it without a deed; because a person's deed is the only lawful evidence of his being the true owner. If a person should buy

he has neither descendants nor father? $ 14. When he has neither descen dants, nor father nor mother? 15. How when there are neither brothers nor sisters or their descendants?

1. Who may convey real estate? instrument of conveyance called?

What is it to convey? What is an 2. What is the use of a deed? 3

a farm without taking a deed of the seller, the seller might dispose of it to a second purchaser; and if he should give him a deed, such second purchaser, having a deed to show that he had bought the farm, might dispossess the first purchaser.

§ 3. Whenever, therefore, any real estate is to pass from one to another, the seller gives the buyer a deed. The deed states the names of the parties, the sum paid, the place where the land is situated, its boundaries, and the number of acres it contains. And as evidence of the sale, the seller affixes his name and seal to the instrument. This is generally done in the presence of one or more persons, who subscribe their names ar witnesses; so that in case of dispute, the purchaser may know by whom to prove that the deed was executed by the person whose name it bears.

§ 4. But when a deed has been thus executed, the pur chaser is not yet safe, unless he has had it recorded in the office of the clerk of the county in which the land lies. If it should be conveyed by the seller to a second purchaser. who should get his deed recorded first, such purchaser would hold the land.

§ 5. Before a conveyance is recorded, the person executing it must acknowledge, before a proper officer, that he executed the conveyance; and the officer must certify in writing on the back or margin of the instrument, that the person did so acknowledge. All judges of courts, and justices of the peace, may take acknowledgments. In some of the larger cities there are other persons specially appointed, called commissioners of deeds, who also may take acknowledgments. Every deed duly acknowledged and delivered to the county clerk to be recorded, is, with the acknowledgment, copied at length, word for word, in a book provided for that purpose.

§6. Lands are also conveyed by mortgage. A mortgage is a writing which conveys to another person a right to property as security for the payment of a debt, and is to have no force or effect when the debt is paid. A mortgage conveys land in the same manner as a deed; but a condition is added,

What does a deed contain? How is it executed? 4. What must then be done with the deed? Why? 5. What is required before a conveyance as recorded? How is it proved or acknowledged? $6. Describe the na

stating, that if the debt for which the land is pledged shall be paid by a certain day, the instrument shall no longer have effect.

§7. When land is sold, and any part of the purchase money is to be paid at a future day, the seller usually conveys the land by deed to the purchaser; and the purchaser executes a mortgage to the seller, pledging the land as security for the payment of the money remaining unpaid. A mortgage also contains a condition, that if the money shall not be paid according to the agreement, the mortgagee, or person holding the mortgage, may sell the land to raise the money due; but if he sells it for more than that amount, the overplus must be paid to the mortgager.

§8. A wife must join with her husband in conveying land, by signing the deed with him; otherwise, if the husband should die, his widow would have a right to one third part of the estate during her life. This portion of a widow, thus retained, is called dower. It is common, therefore, for the wife also to sign the deed; and she must also acknowledge, before the officer taking the acknowledgment,and apart from her husband, that she signed the deed freely and without compulsion of her husband.

§ 9. When the debt secured by a mortgage on real estate has been paid, the mortgage is discharged thus: The person holding the mortgage, certifies in writing that the debt has been paid, and the certificate is acknowledged or proved, as conveyances are in order to be recorded, and presented to the clerk, who records such certificate and the proof or acknowledgment thereof. The mortgage is then discharged.

ture of a mortgage? 7. In what cases are mortgages given by a purchaser of land? What condition does it contain? 8. Why must a wife sign a conveyance with her husband? What is this right of a widow called? How and what must she acknowledge? 9. When and how is a mortgage cancelled or discharged?

CHAPTER XXX.

Of Leases; and the Rights of Landlord and Tenant.

§ 1. To lease means to let, but generally to let real es tate to another for rent or reward. The word demise is often used instead of lease. The landlord, or person leasing the estate, is called lessor; and the tenant, or person to whom the land is leased, is called lessee.

§ 2. A lease of real estate, or a contract for leasing, for a longer term than one year, in order to be valid or binding, must be in writing. Leases for a term longer than three years, must be proved and recorded as deeds and mortgages; and if for life, they must be sealed. These provisions do not extend to leases for years, or for life or lives, in the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware and Schenectady.

§ 3. If a tenant keeps possession of premises beyond the term for which he hired them, or after he has lost his right to hold them, he is called a tenant at will, or by sufferance, because the continuance of his possession depends upon the will or pleasure of the landlord. If such tenant does not quit the premises after having had one month's due notice, the landlord may take and hold possession, provided he can do so without force or violence; or he may bring an action of ejectment for the recovery of possession; or he may proceed lawfully to remove the tenant.

§ 4. If a tenant shall give notice of his intention to quit, and shall not quit at the time specified in such notice, he will be liable to pay double rent for the time he shall thereafter continue in possession.

§ 5. When rent is due to a landlord, he is not obliged to sue for it as for ordinary debts; he has a right to seize of the goods and chattels on the premises, in possession of the

1. Define the words lease, demise, lessor, and lessee. 2. What leases must be in writing? What leases recorded? Sealed? What coun ties excepted? 9. What is a tenant at will? What notice to the tenant entitles the landlord to the premises? 4. In what case is a tenant liable for double rent? 5. How may a landlord obtain his rent without

tenant, and sell them for the rent due. This is called distraining, or distress.

§ 6. The law declares what property may, and what may not, be taken for rent. All goods and personal chattels may be distrained, except such as the law exempts from execution. Things annexed to the freehold for the purpose of trade or manufacture, and not fixed into the wall of the building so as to be necessary to its support; and grain, grass, or roots, whether growing or gathered, and remaining on the land, are liable to distress for rent.

§ 7. But property deposited with, or hired or lent to a tenant, with the consent of the landlord, cannot be distrained; nor the property of boarders; nor the property of others which accidentally strays on the premises, or is deposited with a tavern-keeper, or the keeper of a warehouse, in the usual course of business, or deposited with any person to be repaired or manufactured. Beasts of the plough, sheep, and implements of a man's trade, cannot be taken if they are in actual use at the time, and so long as other property can be found.

§8. The goods and chattels of a tenant may be distrained after they have been removed from the premises. If rent is due at the time of the removal of the goods, or shall become due within thirty days thereafter, the goods must be taken within the thirty days after their removal. But if no rent is due or shall become due within that time, the goods may be seized at any time within thirty days after the rent shall become due, if the seizure shall be made within six months after the removal.

§ 9. For removing, or assisting in removing goods from leased premises to avoid the payment of rent, or for concealing property so removed, the person so doing shall forfeit to the landlord double the value of the goods removed or concealed.

§ 10. If a tenant or lessee holds over after the expiration of his term, without permission of the landlord; or where

suing for it? 6. What property may be distrained for rent? 7. What property may not be taken? 8. Can goods be distrained after they have been removed from the premises? In what case must it be done within thirty days after removal? When may it be done within six months? 9. For fraudulently removing property, what is forfeited? § 10. In