enter, or proceed according to law to regain possession, without further notice. 1 R. S., 745, §§ 7, 9. § 206. Such notice shall be served by delivering the How served same to such tenant, or to some person of proper age residng on the property; or if the tenant cannot be found, and there is no such person residing on the property, the notice may be served by affixing the same on a conspicuous part of the premises, where it may be conveniently read. 1 R. S., 745, § 8. § 207. If any tenant gives notice of his intention to quit the premises held by him, and does not accordingly deliver up the possession thereof, at the time in such notice specified, he and his personal representatives must thenceforth and during all the time of continuing in possession, pay double the rent which he should otherwise have paid. 1 R. S., 745, § 10. § 208. If any tenant for life or years, or other person having possession under or by collusion with such tenant, willfully holds over any real property after the termination of such term, and after demand made, and one month's notice to quit, according to section 206, he must pay to the person so kept out of possession, or his personal representatives, at the rate of double the yearly value of the property, as long as he withholds possession, together with damages. 1 R. S., 745, § 11. 209. Every person who, as guardian or trustee for an infant, and every other person having an estate determinable upon any life or lives, who, after the determination of such particular estate, without the express consent of the party immediately entitled after such determination, holds over and continues in possession of any real property is a trespasser; and every person entitled to such property upon the determination of such particular estate, may recover from him, in damages, the value of the profits received during such wrongful possession. 1 R. S., 749, § 7. Tenant must yield possession after giving notice. Liability of holding tenants, &c., over after notice to quit. Liability of &c., holdafter their have ceased guardians, ing over estates Re-entry, when and made. § 210. Whenever the right of re-entry is given to a how to be grantor or lessor in any grant or lease, in default of sufficient distress for rent, such re-entry may be made at any time after default in the payment of the rent, upon fifteen days' previous written notice of intention to re-enter, served in the mode prescribed by section 206. Rights of grantees of rents and Rights of lessees and Remedy on leases for life. Rent dependent on life. Tenant must de liver notice served on him. Remedies of rever Laws of 1846, ch. 274, § 3; same stat. 3 R. S., 5 ed., 36, § 12. § 211. Persons to whom any real property is transferred, upon which rents have been reserved, whether upon a lease in fee or otherwise, or to whom any such rents are transferred, are entitled to the same remedies for non-performance of the terms of the lease, or for recovery of rent, or for any waste or cause of forfeiture, as their grantor might have had. 1 R. S., 747, § 23. § 212. The lessees of any real property, whether in fee or otherwise, and their assigns, have the same remedies against the lessor, and his grantees or assignees, for the breach of any agreement in such lease, as such lessee might have had against his immediate lessor, except covenants against incumbrances or relating to the title or possession of the premises. 1 R. S., 747, § 24. § 213. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years. 1 R. S., 747, § 19. § 214. Rent dependent on the life of a person may be recovered after, as well as before, his death. 1 R. S., 747, § 20. § 215. Every tenant who receives notice of any proceeding to recover the real property occupied by him, or the possession thereof, must immediately inform his landlord thereof, under penalty of forfeiting to him the value of three years' rent of the premises so occupied. 1 R. S., 748, § 27. §216. A person having an estate in remainder or reversioners, &c. sion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years. 1 R. S., 750, § 8. TITLE IV. USES AND TRUSTS. The provisions of this title are from 1 R. S., 727. SECTION 217. Certain uses and trusts abolished. 218. Executed uses existing. 219. Right to possession of lands creates legal ownership. 220. Trustees of estate for use of another take no interest. 221. Preceding sections qualified. 222. Transfer to one for money paid by another. 224. Section 222 qualified. 225. Purchasers protected. 226. For what purposes express trusts may be created. 233. Powers over trust of party interested. 235. Certain sales, &c., by trustees, void. 236. Property may be granted to literary institutions in trust. 237. To cities and villages. 238. For use of common schools. 239. Special laws. 240. When estate of trustee to cease. § 217. Uses and trusts, in respect to real property, are Certain abolished, except as provided in this title. uses and trusts abolished. § 218. Every estate which is now held as a use, exe- Executed former statute of this state, is confirmed as cuted under any a legal estate. § 219. Every person, who, by virtue of any grant, assignment or devise is entitled to the actual possession of real property, and the receipt of the rents and profits thereof, is to be deemed to have a legal estate therein, of uses exist ing. Right to possession of lands ership. creates legal own Trustees of estate for use of another take no interest. Preceding sections qualified. Transfer to one for the same quality and duration, and subject to the same conditions as his beneficial interest. This section does not divest the estate of any trustees in a trust existing on the first day of January, one thousand eight hundred and thirty, where the title of such trustees is not merely nominal, but is connected with some power of actual disposition or management in relation to the real property which is the subject of the trust. § 220. Every disposition of real property, whether by transfer or will, must be directly to the person in whom the right to the possession and profits is intended to be vested, and not to any other, to the use of or in trust for such person; and if made to one or more persons, to the use of or in trust for another, no estate or interest vests in the trustee. § 221. The preceding sections in this title do not extend to trusts arising or resulting by implication of law, nor prevent or affect the creation of such express trusts as are hereinafter authorized and defined. § 222. Where a transfer for a valuable consideration is money paid made to one person, and the consideration therefor is paid by another. by another, no use or trust results in favor of the person by whom such payment is made; but the title vests in the grantee, subject only to the provisions of the next section. Rights of creditors. Section 222 qualified. Purchasers protected. § 223. Every such transfer is presumptively fraudulent as against the creditors, at that time, of the person paying the consideration; and where a fraudulent intent is not disproved, a trust results in favor of such creditors, to the extent necessary to satisfy their just demands. § 224. Section 222, does not apply to cases where the grantee took the grant as an absolute transfer in his own name, without the consent or knowledge of the person paying the consideration, or where such grantee, in violation of some trust, purchased the real property so transferred, with moneys belonging to another person. § 225. No implied or resulting trust can prejudice the title of a purchaser, for a valuable consideration, without notice of such a trust. $226. Express trusts may be created for any of the For what following purposes: 1. To sell real property for the benefit of creditors; 2. To sell, mortgage or lease real property for the benefit of legatees or for the purpose of satisfying any charge thereon; 3. To receive the rents and profits of real property, and apply them to the use of any person, during the life of such person, or for any shorter term, subject to the rules of title II of this Part of the Civil Code. 4. To receive the rents and profits of real property and to accumulate the same, for the purposes and within the limits prescribed by the same title. § 227. A devise of real property to executors or other trustees, to be sold or mortgaged, when the trustees are not also empowered to receive the rents and profits, vests no estate in the trustees; but the trust is valid as a power, and the property passes to the devisees of the will, or by succession, subject to the execution of the power. § 228. Where a trust is created to receive the rents and profits of real property, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education and support of the person for whose benefit the trust is created, is liable to the claims of the creditors of such person, in the same manner as other personal property which cannot be reached by execution. § 229. Where an express trust is created for any purpose not enumerated in the preceding sections, no estate vests in the trustees; but the trust, if directing or authorizing the performance of any act which may be lawfully performed under a power, is valid as a power in trust, subject to the provisions in relation to such powers, contained in title V of this Part of the Civil Code. purposes express trusts may be created. Certain detrust to vises in be deemed powers. And land, scend to &c., to de § 230. In every case where the trust is valid as a power, the real property to which the trust relates, remains in, or passes by succession to, the persons otherwise entitled, entitled. subject to the execution of the trust as a power. persons |