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Notice to quit.

Rent, when payable.

Tenant must de

and for the same time, not exceeding one year, or, in the cities of New York and Brooklyn, not longer than until the next first day of May.

Bishop v. Howard, 2 B. & C., 100; see Doe v. Amey, 12

Ad. & El., 476; Despard v. Walbridge, 15 N. Y., 374.

S995. Except in the cities of New York and Brooklyn, a hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in the last section, at the end of the term implied by law, unless one of the parties gives notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.

See Jones v. Mills, 10 C. B. [N. S.], 788.

S996. The rent of agricultural and wild land is payable yearly at the end of each year. Rents of lodgings are payable monthly at the end of each month. Other rents are payable quarterly at the end of each quarter from the time the hiring takes effect, except in the cities of New York and Brooklyn, where rents are payable quarterly on the first days of August, November, February and May. The rent for a hiring shorter than the periods herein specified, is payable at the termination of the hiring.

The provision concerning the city of New York is from 1 R. S., 744, § 1, extended to Brooklyn, where the same usage exists.

S997. Every tenant who receives notice of any liver notice proceeding to recover the real property occupied by him, or the possession thereof, must immediately inform his landlord of the same.

served on him.

Letting parts of room for bidden.

1 R. S., 748, § 27.

S998. One who hires part of a room, for a dwelling, is entitled to the whole of the room, notwithstanding any agreement to the contrary; and if a landlord lets a room as a dwelling for more than one family, the person to whom he first lets any part of it is entitled to the possession of the whole room for the term agreed upon, and every tenant in the build

ing, under the same landlord, is relieved from all
obligation to pay rent to him.

This provision is intended to prevent one of the chief
abuses of tenement houses. Mere penalties, whether
civil or criminal, are not likely to be enforced. But the
loss of rent would be a punishment that could be
euforced by way of defense to an action.

CHAPTER III.

HIRING OF PERSONAL PROPERTY.

SECTION 999. Obligations of letter of personal property.

1000. Ordinary expenses.

1001. Extraordinary expenses.
1002. Return of thing hired.
1003. Charter-party, what.

of letter of

property.

$999. One who lets personal property must deliver obligations it to the hirer, secure his quiet enjoyment thereof personal against all lawful claimants, put it into a condition fit for the purpose for which he lets it, and repair all deteriorations thereof not occasioned by the fault of the hirer, and not the natural result of its use.

Story Bailm., § 383.

S1000. A hirer of personal property must bear all Ordinary such expenses concerning it as might naturally be expenses. foreseen to attend it during its use by him.1 All other expenses must be borne by the letter.2

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S1001. If a letter fails to fulfill his obligations, Extraordi as prescribed by section 999, the hirer, after giving penses. him notice to do so, if such notice can conveniently be given, may expend any reasonable amount necessary to make good the letter's default, and may recover such amount from him.

Thus the hirer of an animal may recover the expense of
necessary medical attendance and extra accommodations
during its sickness (Harrington v. Snyder, 3 Barb., 380;
Isbell v. Norvell, 4 Gratt., 176; see, however, Redding
v. Hall, 1 Bibb, 536).

Return of thing hired.

Charter

party, what.

S1002. At the expiration of the term for which personal property is hired, the hirer must return it to the letter at the place contemplated by the parties at the time of hiring, or if no particular place was so contemplated by them, at the place which it was at that time.

S1003. The contract by which a ship is let is termed a charter-party. By it, the owner may either let the capacity or burden of the ship, continuing the employment of the owner's master, crew and equipments, or may surrender the entire ship to the charterer, who then provides them himself. The master or a part owner may be a charterer.

1 Pars. Mar. Law, 229, &c.

TITLE VI.

SERVICE.

CHAPTER I. Service with employment.
II. Particular employments.
III. Service without employment.

CHAPTER I.

SERVICE WITH EMPLOYMENT.

ARTICLE I. Definition of employment.
II. Obligations of the employer.
III. Obligations of the employee.
IV. Termination of employment.

ARTICLE I.

Employment, what,

DEFINITION OF EMPLOYMENT.

SECTION 1004. Employment, what.

S1004. The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do some

thing for the benefit of the employer or of a third
person.

The scope of this chapter is not confined to servants,
but includes factors, brokers, carriers, agents, and all
similar classes of persons.

ARTICLE II.

OBLIGATIONS OF THE EMPLOYER.

SECTION 1005. When employer must indemnify employee.

1006. When not.

1007. Employer to indemnify for his own negligence.

ployer must employee.

S1005. An employer must indemnify his em- When employee, except as prescribed in the next section, for indemnify all that he necessarily expends or loses in direct consequence of the discharge of his duties as such,1 or of his obedience to the directions of the employer,2 even though unlawful,3 unless the employee, at the time of obeying such directions, believed them to be unlawful.

1

Story Agency, § 335 to § 340; Code of La., 2991, 2993;
Castle v. Noyes, 14 N. Y., 332; Powell v. Newburgh,
19 Johns., 284; Ramsay v. Gardner, 11 id., 439;
Adamson v. Jarvis, 4 Bing., 66; Betts v. Gibbins, 2
Ad. & El., 57; Taylor v. Stray, 2 C. B. (N. S.), 196.
Roberts v. Smith, 2 H. & N., 213.

8 Adamson v. Jarvis, 4 Bing., 66; see Humphrys v. Pratt,
5 Bligh (N. S.), 154; as explained in Collins v. Evans,
5 Q. B., 829, 830.

S1006. An employer is not bound to indemnify when not. his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business,' unless he has neglected to use ordinary care in the selection of the culpable employee."

1 Sherman v. Rochester & Syracuse R. R., 17 N. Y., 156;
Russell v. Hudson River R. R., id., 136; Coon v.
Syracuse & Utica R. R., 5 id., 492; Boldt v. New
York Central R. R., 18 id., 432.

'See same cases, and Ormond v. Holland, El. B. & E., 105

Employer

to indem

S 1007. An employer must in all cases indemnify

nify for his his employee for losses caused by his own want of

own negli

gence.

ordinary care.

Ryan v. Fowler, 24 N. Y., 410; Roberts v. Smith, 2 H. &
N., 213; Keegan v. Western R. R., 8 N. Y., 175, 180.

ARTICLE III.

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OBLIGATIONS OF THE EMPLOYEE.

SECTION 1008, 1009, 1010. Duties of gratuitous employee.
1011. Duties of employee for reward.

1012. Duties of employee for his own benefit.

1013. Contracts for service limited to two years.

1014. Employee must obey employer.

1015. Employee to conform to usage.

1016. Degree of skill required.

1017. Must use what skill he has.

1018. What belongs to employer.

1019. Duty to account.

1020. Employee not bound to deliver without demand.

1021. Preference to be given to employers.

1022. Responsibility of employee for substitute.

1023. Responsibility for negligence.

1024. Surviving employee.

1025. Confidential employment.

S1008. One who, without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance, he must use at least slight care and diligence therein.

Edson v. Watson, 7 Cow., 278; Coggs v. Bernard, 2 Ld.
Raym., 909; Elsee v. Gatward, 5 T. R., 143; Wilson
v. Brett, 11 M. & W., 113; see Nolton v. Western R.
R., 15 N. Y., 440.

$1009. One who, by his own special request, induces another to intrust him with the performance of a service, must perform the same fully. In other cases one who undertakes a gratuitous service may relinquish it at any time.

Story Bailm., § 166. This distinction is recognized by the civil law, but it is not clear that it is admitted

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