
    Ostbander against Kneeland.
    6e<“Cit‘Ts“ not a matter of course to grant a view to the tenant; but he must show sufficient cause, by affidavit, to enable the Court to judge of its necessity" In dower
    WRIT of dower, unde nihil habet. At the last term, after the demandant had counted, the tenant prayed for an imparlance to this term, which was granted, ' 0
    , Aettogg, lor the tenant,
    now demanded a mew.
    
    
      Tiffany, contra,
    objected, that granting a view was not matter oí course. The statute (sess. 10 ch. 50. s. 21. 1 N. R. L. 79. 86.) expressly declares, that “ a view shall not be granted to the tenant, but in case where a view of the land is necessary.” At common law, there was no view in dower unde nihil habet. (Comyn’s Dig. tit. View, B. 2 Inst. 481. 2 Lev. 117.)
   Per Curiam.

The statute is positive, that a view is not to be granted, unless it be necessary. Sufficient cause must be shown, by affidavit, to satisfy the Court of the necessity of granting a view. The motion must be denied.

Motion denied.  