pose the names of all grand and petit jurors and talesmen who shall serve in his court, with the term at which they serve.

1893, c. 52, s. 3.

NOTE. See Clerk Superior Court.

NOTE. For compensation of jurors, see s. 2798.

For list of guardians furnished grand jury, see Guardian, s. 1810.
For arguments to jury, see Attorneys, s. 216.

For jurors in justices' courts, see s. 1428 et seq.

For province of, in divorce, see s. 1564.

For right of trial by jury, see ss. 527, 533, 2005.
For waiver of trial by jury, see s. 540.

For verdicts by jurors, see ss. 550, 553.

1982. Lessors and lessees, not partners. No lessor of property, merely by reason that he is to receive as rent or compensation for its use a share of the proceeds or net profits of the business in which it is employed, or any other uncertain consideration, shall be held a partner of the lessee.

Code, s. 1744; 1868-9, c. 156, s. 3.

1983. Forfeiture without demand for rent, when. Whenever any half year's rent or more shall be in arrear from any tenant to his landlord, and the landlord has a subsisting right to re-enter for the nonpayment of such rent, he may bring an action for the recovery of the demised premises, and the service of the summons therein shall be deemed equivalent to a demand of the rent in arrear and a re-entry on the demised premises, and if, on the trial of the cause, it shall appear that the landlord had a right to re-enter the plaintiff shall have judgment to recover the demised premises and his costs.

Code, 1745; 1868-9, c. 156, s. 156.

1984. Length of notice to quit. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days.

Code, s. 1750; 1891, c. 227; 1868-9, c. 156, s. 9.

1985. Agreement to repair, how construed. An agreement in a lease to repair a demised house shall not be construed to bind the contracting party to rebuild or repair in case the house shall be destroyed or damaged to more than one-half its value, by accidental fire not occurring from the want of ordinary diligence on his part.

Code, s. 1752; 1868-9, c. 156, s. 11.

II. THE LESSOR.

1986. Recovers for use, when. Whenever any person shall occupy land of another by the permission of such other, without any express agreement for rent, or upon a parol lease which is void, the landlord may recover a reasonable compensation for such occupation, and if by such parol lease a certain rent was reserved, such reservation may be received as evidence of the value of the occupation.

Code, s. 1746; 1868-9, c. 156, s. 5.

1987. Rent apportioned, estate terminated. If a lease of land, in which rent is reserved, payable at the end of the year or other certain period of time, be determined by the death of any person during one of the periods in which the rent was growing due, the lessor or his personal representative may recover a part of the rent which becomes due after the death, proportionate to the part of the period elapsed before the death, subject to all just allowances; and if any security shall have been given for such rent it shall be apportioned in like manner.

Code, s. 1747; 1868-9, c. 156, s. 6.

1988. Rents and charges apportioned to successive owners. In all cases where rents, rent charges, annuities, pensions, dividends, or any other payments of any description, are made payable at fixed periods to successive owners under any instrument, or by any will, and where the right of any owner to receive payment is terminable by a death or other uncertain event, and where such right shall so terminate during a period in which a payment is growing due, the payment becoming due next after such termina

ting event, shall be apportioned among the successive owners according to the parts of such periods elapsing before and after the terminating event.

Code, s. 1748; 1868-9, c. 156, s. 7.

1989. Grantees of reversion, same rights and liabilities as grantors. The grantee in every conveyance of reversion in lands, tenements or hereditaments, shall have the like advantages and remedies by action or entry against the holders of particular estates in such real property, and their assigns, for nonpayment of rent, and for the nonperformance of other conditions and agreements contained in the instruments by the tenants of such particular estates, as the grantor or lessor or his heirs might have; and the holders. of such particular estates, and their assigns, shall have the like advantages and remedies against the grantee of the reversion, or any part thereof, for any conditions and agreements contained in such instruments, as they might have had against the grantor or his lessors or his heirs.

Code, s. 1765; 32 Hen. VIII., c. 34; 1868-9, c. 156, s. 18.

III. THE LESSEE.

1990. Holds to end of farming year. Where any lease for years of any land let for farming on which a rent is reserved shall determine during a current year of the tenancy, by the happening of any uncertain event determining the estate of the lessor, the tenant in lieu of emblements shall continue his occupation to the end of such current year, and shall then give up such possession to the succeeding owner of the land, and shall pay to such succeeding owner a part of the rent accrued since the last payment became due, proportionate to the part of the period of payment elapsing after the termination of the estate of the lessor, to the giving up such possession, and the tenant in such case shall be entitled to a reasonable compensation for the tillage and seed of any crop not gathered at the expiration of such current year from the person succeeding to the possession.

Code, s. 1749; 1868-9, c. 156, s. 8.

1991. Not liable for accidental damage. A tenant for life, or years, or for a less term, shall not be liable for damage occurring on the demised premises accidentally, and notwithstanding reasonable diligence on his part; unless he so contract.

Code, s. 1751; 1868-9, c. 156, s. 10.

1992. May surrender, building destroyed or damaged. If a demised house, or other building, be destroyed during the term, or

so much damaged that it can not be made reasonably fit for the purpose for which it was hired, except at an expense exceeding one year's rent of the premises, and the damage occur without negligence on the part of the lessee or his agents or servants, and there be in the lease no agreement respecting repairs, or providing for such a case, and the use of the house damaged was the main inducement to the hiring, the lessee may surrender his estate in the demised premises by a writing to that effect delivered or tendered to the landlord within ten days from the damage, and by paying or tendering at the same time all rent in arrear, and a part of the rent growing due at the time of the damage, proportionate to the time between the last period of payment and the occurrence of the damage, and the lessee shall be thenceforth discharged from all rent accruing afterwards; but not from any other agreement in the lease. This section shall not apply if a contrary intention appear from the lease.

Code, s. 1753; 1868-9, c. 156, s. 12.

IV. AGRICULTURAL TENANCIES.

1993. Landlord's lien, crop vested in, to secure, how enforced. When lands shall be rented or leased by agreement, written or oral, for agricultural purposes, or shall be cultivated by a cropper, unless otherwise agreed between the parties to the lease or agreement, any and all crops raised on said lands shall be deemed and held to be vested in possession of the lessor or his assigns at all times, until the rents for said lands shall be paid and until all the stipulations contained in the lease or agreement shall be performed, or damages in lieu thereof shall be paid to the lessor or his assigns, and until said party or his assigns shall be paid for all advancements made and expenses incurred in making and saving said crops. This lien shall be preferred to all other liens, and the lessor or his assigns shall be entitled, against the lessee or cropper or the assigns of either who shall remove the crop or any part thereof from the lands without the consent of the lessor or his assigns, or against any other person. who may get possession of said crop or any part thereof, to the remedies given in an action upon a claim for the delivery of personal property.

Code, s. 1754; 1876-7, c. 283.

1994. Rights of tenant. Whenever the lessor or his assigns shall get the actual possession of the crop or any part thereof otherwise than by the mode prescribed in the preceding section, and said lessor or his assigns shall refuse or neglect, upon a notice, written or oral, of five days, given by the lessee or cropper or the assigns.

of either, to make a fair division of said crop, or to pay over to such lessee or cropper or the assigns of either, such part thereof as he may be entitled to under the lease or agreement, then and in that case the lessee or cropper or the assigns of either shall be entitled against the lessor or his assigns to the remedies given in an action upon a claim for the delivery of personal property to recover such part of the crop as he, in law and according to the lease or agreement, may be entitled to. The amount or quantity of such crop claimed by said lessee or cropper or the assigns of either, together with a statement of the grounds upon which it is claimed, shall be fully set forth in an affidavit at the beginning of the action. Code, s. 1755; 1876-7, c. 283, s. 2.

1995. Action on the contract; tenant's undertaking. Where any controversy shall arise between the parties, and neither party avails himself of the provisions of this chapter, it shall be competent for either party to proceed at once to have the matter determined in the court of a justice of the peace, if the amount claimed be two hundred dollars or less, and in the superior court of the county where the property is situate if the amount so claimed shall be more than two hundred dollars. But in case there shall be a continuance or an appeal from the justice's decision to the superior court, the lessee or cropper, or the assigns of either, shall be allowed to retain possession of said property upon his giving an undertaking to the lessor or his assigns, or the adverse party, in a sum double the amount of the claim, if such claim does not amount to more than the value of such property, otherwise to double the value of such property, with good and sufficient surety, to be approved by the justice of the peace or the clerk of the superior court, conditioned for the faithful payment to the adverse party of such damages as he shall recover in said action.

Code, s. 1756; 1876-7, c. 283, s. 3.

1996. Crops delivered to landlord; undertaking. In case the lessee or cropper, or the assigns of either, shall, at the time of the appeal or continuance mentioned in the preceding section, fail to give the undertaking therein required, then the constable or other lawful officer shall deliver the property into the actual possession of the lessor or his assigns, upon the lessor or his assigns giving to the adverse party an undertaking in double the amount of said property, to be justified as required in the preceding section, conditioned for the forthcoming of such property, or the value thereof, in case judgment shall be pronounced against him.

Code, s. 1757; 1876-7, c. 283, s. 4.