19 Wend. 554 | N.Y. Sup. Ct. | 1838
By the Court,
At the common law, the landlord could not distrain after the termination of the lease, nor after the goods had been removed from the land out of which the rent issued. A remedy was provided in both of these cases : first, by authorizing the landlord to distrain within six months after the tenancy ended, 1 R. L. 438, § 17; and second, by allowing him to distrain within thirty days after the removal of the goods, or after the rent became due and payable. 1 R. L. 437, § 13, and Statutes, sess. of 1820, p. 178, § 7. It was still holden that the landlord could not distrain after the end of the term and after the removal of the goods, although the distress was made within thirty days after the removal. Terboss v. Williams, 5 Cowen, 407. In the late revision of the laws, the authority to distrain after the end of the term was enlarged, so as to include cases where the goods had been removed from the demised premises. 2 R. S. 500, § 1. As I read the section, the landlord may distrain within six months after the determination of the lease, upon any goods remaining on the demised premises, in the same manner as if the tenancy had not ended; and
New trial granted.