Form of Commitment when Justice, on the Trial, shall find that he has no Jurisdiction of the Case. State of Oregon,} County of ss: To any constable, and to the keeper of the common jail of said county: Whereas C. D., of &c., has been brought this day before the undersigned, one of the justices of the peace in and for said county, charged, on the oath of A. B., with having, on the day of 18 in said county, committed the offence of [here state the offence charged in the warrant], and in the progress of the trial of said charge, it appearing to the said justice that the said C. D. has been guilty of the offence of [here state the new offence found on the trial, committed at the time and place aforesaid, of which offence the justice has not final jurisdiction]; and whereas the said C. D. has failed to give bail in the dollars, for his appearance to answer at the next term of the District Court, as required by me: Therefore, in the name of the people of the state of Oregon, &c., [as in the last form.] sum of CHAPTER XXVI. LANDLORD AND TENANT. THE term landlord is applied to one who furnishes the use and occupation of lands or tenements to another, who is called the tenant, for a compensation or return, which is termed rent. The right and condition or estate of the tenant, is called a tenancy. The respective relations of the parties are determined by the contract between them, which is named a lease or demise. When such contract is expressed in writing, the written instrument is itself called a lease, and the parties described therein, are respectively denominated lessor and lessee. The period of time mentioned in the lease, for which the tenant or lessee is to have the use of the property is called the term. If the term be for one year or less from the time of making the contract, a verbal lease or agreement to let, will be sufficient to bind the parties; but if the term be fixed for any longer period than one year, the lease must be expressed in writing duly executed under seal.' If there be any agreement to make a lease at a future time, or if there be a lease made to commence at a future day, and such lease is for such a period of time that it will not expire within one year from the time of the contract, it must be in writing.' Tenancies are for life, for years, at will, and at sufferance. A transfer of lands or tenements, for the use of the tenant during his life, or the life of any other person, is a tenancy for life. The ordinary tenancy which is held under the usual lease or agreement to let, is called a tenancy for years; which may be for 1 Wood's Dig. art. 894, 396, 400. 2 Statutes of Oregon, p. 526, §§ 6, 8. a number of years or less than a year, a half year, a month, or even a few days. The principal distinguishing feature between a tenancy for years, and a tenancy at will, or other tenancy, is, that it be for a time certain, prefixed, by agreement either expressed or implied. Tenancy at sufferance is a mere wrongful holding over of the land by one who came rightfully into possession. It cannot arise by contract, either express or implied, for, if the owner of the land were to assent to it, it would become a tenancy at will by means of that very assent. A tenancy at will takes place where the demise or lease is for no certain term, but is to continue during the joint will of both parties. It may arise by implication, as, where a party agrees to buy a piece of land, and enters upon it before his deed is exe cuted.' Its more important incident, however, is its capability of being extended into a tenancy from year to year, which is the condition of most of the tenancies of the present day, where there is no written lease, or where the term under the written lease has expired, and the tenant still continues to hold the premises with concurrence of the landlord. This tenancy derives its name from the circumstance, that in the more important leases, the rent is prescribed for the year; and where the written lease has expired, or no written lease is made, and the tenant continues to occupy without any new lease, but with assent of the landlord, he is considered as holding for another year. But the same designation, and the same rules of law apply to the tenancy, where the leasing is by the month or week, or other period. To terminate such tenancy, due notice must be given. Formerly, in case of a tenancy at will, notice was not necessary. The later and more liberal rule seems to be, that tenants at will are regarded as holding from year to year, so far as to be entitled to notice to quit before they can be ejected by process of law." This notice must comply strictly with the rules of law. For a yearly tenancy, it should be a notice of six months; and for any shorter tenancy it should be as long as the term. If a quarterly tenancy, a quarter's notice; if monthly, a month's notice; if weekly, a week's notice. It should be in writing, and should express clearly the period of time of the tenancy, and that the tenant is required to quit on the last day thereof; and should be served a full week, or month, or quarter, as the period of time may be, beforehand. To be safe, let it show the days of commencement and ending of the week, month or quarter, &c., and let it be served before the commencement of the week, month or quarter, &c., although if served on the day of commencement, it would, in most cases, be sufficient. Where the tenant wishes to terminate the tenancy, he should give notice to the landlord with like strictness. If the tenant transfer his whole right to another, such transfer is called an assignment of the lease. If he make a transfer of a part of the term, or of a portion of the premises, it is an under-lease. It is questionable, whether a restriction in a lease against assignment, can be enforced, so as to make a forfeiture in any case as it is in restraint of alienation, and therefore, against the policy of the law. In New York it is well settled, that it cannot be so enforced. If a lease contains a covenant not to assign, and the restriction is once removed, it operates as a removal of the restriction forever.1 When a lessee makes assignment of the lease to another, he is still liable to the lessor for the rent, unless the lessor accept the assignee as his tenant, either expressly or impliedly; as, by receiving rent from him as a tenant, and giving him receipt in his name. But it seems, an assignee may assign over, even to an insolvent person, and free himself from all future liability." A sub-tenant is liable to the original lessor for use and occupa tion, or for rent, only for the time he actually occupied the premises.' An action for use and occupation can only be maintained. where the relation of landlord and tenant exists.* All conveyances of land by lease or otherwise, made for more than ten years, and all conveyances of town or city lots, or other real property for a longer time than twenty years, are declared by our statute, to be void.' 15 Cal. 49. 2 Smith's Land. and Ten. 298. 91 Cal. 470. 48 id. 196. A lease for a longer period than one year is considered a conveyance, under the statute in relation to recording conveyances; and must be recorded in the county where the premises lie, otherwise it will not be binding against a subsequent purchaser in good faith for a valuable consideration.' See chapter on Ac KNOWLEDGMENTS. Grants of rents, or of reversions or remainders, shall be good and effectual without attornments of the tenants; but no tenant who before notice of the grant shall have paid rent to the grantor, shall suffer any damage thereby.' The attornment of a tenant to a stranger shall be void, unless it be with the consent of the landlord of such tenant, or in pursuance to, or in consequence of, a judgment or decree of some court of competent jurisdiction.' The questions arising as to forfeiture for non-payment of rent, the respective obligations of landlord and tenant, as to repairs and other matters of tenancies, &c., are determined very much by the character of the express covenants in the lease. The present object is, so far as these brief remarks extend, to treat more particularly of tenancies where there is no written lease, or where the lease does not contain covenants. The chief rights of the landlord are, to have the stipulated compensation paid him for his property, and to have it properly treated while it remains out of his possession. The great and principal right of the tenant against the landlord is, to be maintained in the peaceable and quiet enjoyment of the property demised to him.* Forfeiture of the tenancy for non-payment of rent, did not exist anciently at common law; but this right has become gradually established by enactment and adjudication, and is provided for in this state, under the statute in relation to forcible entry and unlawful detainer."" To create such forfeiture, it is necessary that demand be made for the exact sum, on the day it becomes due, without reference to any arrears, about sunset of that day." The demand should be made on the premises of the tenant, of the person in posses 1 Wood's Dig. art. 378. 2 id. 385. 8 id. 886. 4 Smith's Land. and Ten. 205. 5 Wood's Dig. art. 2534. 63 Cal. 273, 334. |