ARTICLE XL––OF SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF LAND IN CERTAIN CASES.

 

§939.  Whenever any lessee or tenant of any lands or tenements, or any person holding under such lessee or tenant, shall hold possession of such lands or tenements without right, after the determination of such tenancy, either by efflux of time or by reason of any forfeiture, under the conditions or covenants in any such lease; or, if a tenant by parole, by a notice to quit of at least ten days, the person entitled to such premises may be restored to the possession thereof in manner hereinafter provided.

 

§940.  The person entitled to the possession of the premises, may apply to any police or district justice for a writ, in the form used for an original summons in common civil actions before such justices, in which the defendant shall be summoned to answer the complaint of the plaintiff, for that the defendant is in the possession of the lands or tenements in question, describing them, which he holds unlawfully, and against the right of the plaintiff, and no other declaration shall be recognized.

 

§941.  Such summons shall be served either:

   

1.   By delivering to the tenant, to whom it shall be directed, a true copy thereof, and at the same time showing him the original, or,

   

2.   If such tenant be absent from his last or usual place of residence, by leaving a copy thereof at such place, with some person of mature age residing in the premises.

 

§942.  The summons shall be returnable within such time as shall appear reasonable to the justice, not less than three, nor more than five days; and the suit shall be conducted like other civil actions before such justices.

 

§943.  If the defendant shall be defaulted, or if on the trial it shall be proved to the satisfaction of the justice, that the plaintiff is entitled to the possession of the premises, he shall have judgment for the possession thereof, and for his costs, and execution shall issue accordingly.

   

The writ of possession shall issue to the marshal, or to any sheriff or constable of the city or district where the premises are situated, commanding him to remove all persons from said premises, and to put the plaintiff, or his agent, into the full possession thereof.

 

§944.  The officer to whom such warrant for delivering possession shall be directed and delivered, is hereby required to execute the same according to the tenor thereof.

 

§945.  Whenever a warrant shall be issued as aforesaid for the removal of any tenant, the contract for the use of the premises, if any such exists, and the relation of landlord and tenant between the parties, shall be deemed to be cancelled and annulled.

 

§946.  The issuing of such warrant of removal shall be stayed in the case of a proceeding for the non-payment of rent, if the person owing such rent, shall, before such warrant be actually issued, pay the rent due, and all the costs and charges of the proceedings; or give such security for the payment thereof, within five days, as shall be satisfactory to the justice, or to the plaintiff.

 

§947.  Any justice before whom a suit may be pending for the recovery of premises may, upon the request of either party, adjourn the hearing of the suit, for the purpose of enabling such party to procure his witnesses, when it shall appear to be necessary; but such adjournment shall, in no case, exceed five days.

 

§948.  Either party may appeal from the judgment of the justice, at any time within twenty-four hours after the entry of the judgment, to any circuit judge, or to the Supreme Court; but the appellant shall, before the allowance of his appeal, file with the justice a bond, with sufficient surety or sureties, to the adverse party, in the sum of one hundred dollars, with condition to prosecute his appeal without delay, and to pay all the costs arising from the appeal, in case the decision of the justice is affirmed.

 

§949.  When the defendant is proceeded against for the non-payment of rent, and the justice decides that the plaintiff should have possession, the defendant shall not e allowed to keep possession and take his appeal, unless he first gives a bond to the plaintiff, with good and sufficient surety or sureties, to pay all rent that may accrue and become due after the appeal, provided it shall be finally determined that the plaintiff was entitled to the possession.

 

§950.  If any tenant, being in arrear for rent, shall desert the demised premises, and leave the same unoccupied and uncultivated, any police or district justice may, at the request of the landlord, and upon due proof that the premises have been so deserted, by such tenant, leaving rent in arrear, go upon and view said premises; and upon being satisfied, upon such view, that the premises have been so deserted, he shall affix a notice in writing upon a conspicuous part of the premises, requiring the tenant to appear and pay the rent due, at some time in the notice specified: not less than ten, nor more than thirty days after the date thereof.

 

§951.  At the time specified in such notice, the justice shall again view the premises, and if the tenant shall appear and pay the rent, or deny that any rent is due to the landlord, all proceedings shall cease.  If, upon the second view, the tenant or his agent shall not appear and pay the rent in arrear, or deny that any rent is due, then said justice may put the landlord into possession of the premises; and any demise of the premises, to such tenant shall, from thenceforth, become void.

 

§952.  An appeal from the proceedings of any justice under the last two preceding sections, may be taken by the tenant to any circuit judge at chambers, or to the Supreme Court, at any time within one month after possession delivered, by serving notice in writing thereof  upon such justice, and by giving a bond in the sum of one hundred, with good and sufficient sureties, to be approved by the justice, to pay to the landlord all costs of such appeal which may be adjudged against the tenant; and thereupon such justice shall send up a copy of the proceeding had before him, within ten days after appeals.

 

TO FACILITATE THE RECOVERY OF RENTS.

 

Section 1.    That whenever any tenant or sub-tenant of any lands, tenements or premises held by him, either by written or parole contract, for any term, at a rent stipulated by such contract, shall make default in payment of such rent, and allow the same to become in arrears, it shall be lawful for the landlord, or party entitled to such rent, to enter upon and into such lands, tenements or premises, in respect to which such rent shall be in arrears, without any legal process, and there to distrain and remove to a place of safe custody, any goods and chattels of such defaulting tenant, found on such premises, to satisfy such arrears; and, in case of non-payment of such arrears, and costs of such distress and removal, within fifteen days after such distress and removal, it shall be lawful for such landlord, or party making such distress, at the expiration of fifteen days‚ public notice, to cause such goods and chattels to be sold at public auction, and to apply the proceeds of such sale to the payment of such arrears as shall be due at the time of such sale, together with the costs of such distress, removal, custody and sale, paying over to such tenant such surplus of such proceeds, if any, as shall be remaining after the payments aforesaid.

 

Section 2.    That no goods or chattels of any tenant or occupier of any lands, tenements, or premises held by such tenant or occupier under any such contract as above mentioned, shall be liable to be taken on execution on any pretence whatsoever, unless the party at whose suit such execution shall be sued out shall, before the removal of such goods under such execution, pay such landlord or owner of such premises, all such arrears of rent as shall be due to him thereanent; provided, such arrears of rent do not exceed one year, if such tenancy be by the year; and, in case such tenancy shall be by the week or month, such landlord or owner shall not have any lien or claim on such goods for any arrears of rent accruing  during four of such weekly or monthly terms.

 

 

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