ment of hire 8795. When the hiring is terminated before the time Apportionoriginally agreed upon, the hirer must pay the due proportion of the hire for such use as he has actually made of the thing, unless such use is merely nominal, and of no benefit to him. Modified from Story on Bailm., § 418, 418 a. CHAPTER II. HIRING OF REAL PROPERTY SECTION 796. Form, &c., of lease. 797. Lessor to make dwelling-house fit for its purpose. 802. Rent, when payable. 803. Lease of agricultural land limited to twelve years. § 796. The form and effect of a lease of real property are defined in the chapter on TRANSFERS OF REAL PROPERTY. Form, &c., of lease. make dwelling-house § 797. In the absence of a different agreement, the lessor Lessor to of a building intended for the occupation of human beings init must put it into a condition fit for that purpose, and must purpose. repair all subsequent dilapidation thereof, except such as are mentioned in section 788. This section changes the rule upon this subject to conform see may 8798. If, within a reasonable time after notice to the When leslessor of dilapidations which he ought to repair, he neglects Lease of agricultura! to do so, the lessee may repair the same himself, and deduct the expense of such repairs from the rent. § 799. A hiring of real property, other than lodgings, is deemed, in the absence of an agreement between the parties upon the subject, to extend to the next day upon which it is the custom of the place to make annual hirings of real property. In the cities of New York and Brooklyn, that day is the first of May. In places where there is no custom on the subject, such a hiring is presumed to be for one year from its commencement. 800. A hiring of lodgings for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hiring at a weekly rate of rent is presumed to be for one week.' 1 Code Napoleon, 1758. § 801. Rent of inhabited land occupied for habitation, is payable on the land.' In other cases it is payable to the lessor wherever he may be found. 1 This is contrary to the general rule in England. Haldane v. Johnson, 8 Exch., 689. But see Hunter v. Le Conte, 6 Cow., 728; Walter v. Dewey, 16 Johns., 222. § 802. The rent of agricultural and wild land is payable yearly at the end of each year, and other rents 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.' '1 R. S., 744, § 1, extended to Brooklyn. § 803. No lease of agricultural land, reserving rent or land limited service of any kind, can be made for a longer period than to 12 years. Renewal of lease by les twelve years. Const. of N. Y., art. 1, § 14. § 804. If a lessee remains in possession of the premises after the expiration of the hiring, and the lessor accepts nued pos rent from him, the parties are presumed to have renewed see's contithe hiring on the same terms and for the same time,' not session. 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. CHAPTER III. HIRING OF PERSONAL PROPERTY. SECTION 805. Obligations of letter of personal property. 806. Obligations and rights of hirer. 807. Return of thing hired. of letter of personal property. § 805. Whoever lets personal property must deliver the Obligations thing hired to the hirer, secure his quiet enjoyment thereof 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. and rights § 806. The hirer must bear all the expenses of the thing Obligations hired during the hiring, except that for such as are necessa- of hirer. rily incurred by him for the prevention or repair of injuries thereto, not happening through his fault, and for these he is entitled to compensation from the person letting,' who may however exonerate himself by surrendering the thing to the hirer. thing hired. § 807. At the expiration of the term for which the Return of thing is hired, the hirer must return it to the person letting 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 at which it was at that time. TITLE VII. EMPLOYMENT AND SERVICE. CHAPTER I. Employment in general. III. Service without employment. CHAPTER I. EMPLOYMENT IN GENERAL. ARTICLE I. Employment, what. II. Obligations of the employer. Employment, what. Contracts for service limited to two years. ARTICLE I. EMPLOYMENT, WHAT. SECTION 808. Employment, what. 809. Contracts for service limited to two years. § 808. The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or of a third person. § 809. A contract to serve for more than two years, or for an indefinite period, cannot be enforced against the employee beyond the term of two years from the commencement of service under it, but if the employee voluntarily continues his service under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation. This section is new. ARTICLE II. OBLIGATIONS OF THE EMPLOYER SECTION 810. Employer must indemnify employee. 811. Exceptions. 812. Employer to indemnify for his own negligence. employee. § 810. The employer must indemnify the employee, Employer except as prescribed by the next section, for all that he demnify necessarily expends or loses in direct consequence of the discharge of his duties as such,' or of his obedience to the directions of the employer, even though unlawful,' if the employee had not, at the time of obeying such directions, the means of knowing them to be unlawful. § 811. He is not bound to indemnify an employee for Exceptions. 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 and Syracuse R. R., 17 N. Y., 2 See same cases, and Ormond v. Holland, Ell. B. & E., 105. § 812. He must in all cases indemnify the employee for Employer losses caused by his own ordinary negligence. to indemnify for his own negli Roberts v. Smith, 2 H. & N., 213; Keegan v. Western R. gence. § 813. Care, diligence, and negligence, as mentioned in Definitions this title, are defined in the title on DEFINITIONS. of care, &c. |