The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-03-08
AN ACT providing further remedies for
Landlords and Tenants.

house or tenement may be- the form OF which
summons shall be as follows: the same being
suitably altered, when it is Teturnable before
the Justices Court oil the County of Suffolk
s. IS. To the Sheriff of the said Coun-
Ity, or either of his Deputies, or the Consta-
5les Of the town of -, within the SAID
County, or to any or either ofthem, Greeting:
In the name of the Commonw ealth of Mas
sachusetts, You are required to summon
A. B, Of C, aforesaid, (addition)
Of he may be found in your precincO to APP
pear before me, D. F., Esquire, one
o! the justices Of the peace for the County
aforesaid, at my dwelling house in -, in
said County, on -, the - day of -, at
- of the clock in the noon; then snd
there to answer to the complaint OF F.
c., Of -, in - (addition) wherein
said F. c. complains, that said A.
B, on the day Of the date hereof is in pos
session Of the premises demanded without
law, and against the right of the said r
C., as shall then and there appear. Here
OF fail not and make due return Of this writ,
and of your doings therein, unto ny self, at or
before the said time or day Of trial. Dated
az - aforesaid, the - day OF -, in the
year OF our Lord -----; which sum-
mons shall be served at least seven days be-
fore tn return day thereof, by the officer to
whom it IS directed, by reading The same in
the hearing and presence of the tenant or oc-
cupant therein named, or by leaving true
copy thereof, upon The demanded premises.
II the complainant shall duly enter such writ,
and the defendant neglect TO appear and an
swer thereto, or if the defendant shall duly
appear and answer, and after issue joined, it
shall be considered by the Court, trying the
same, that the complainant hath sustained
his complaint, then Judgment shall be rem
ccred, that the complainant have possessio
of the demanded premises, aud for his costs;
and thereupon the complainant shall have the
writ OF facias habrre possessonem, provided in
the twenty eighth chapter of the Statute OF
this Commonwealth, Ammo Domini seventeen
hundred and eighty-.our; the same being so al
tered as the case may require. And if after
issue joined, it shall be considered by the said
Court that the complainant hath failed to sus-
tain his complaint, then the defendant shall
have judgment that the complaint be dismiss
ed, and for his costs; and shall have execu-
ton accordingly.
! SEC 2. Be ii further enacted, That any
party aggrieved br the judgment of any Court,
in any action brought upon this statute, where
both parties have appeared and pleaded, may
appeal theretrCm TO the next Court of Com
mon Pleas, TO be held within the same Coun-
ty; aud the complainant shall, before his APP
peal is allowed, recognize, with sufficient sure
~ or sureties, in such reasonable sums as the
Court shall order, TO pay all intervening dam
! ages and costs, and to prosecute his appeal
with effect; and the defendant shall, before
! his appeal is allowed, recognize with sufficient
surety or sureties, in such reasonable sum a.
the Court shah order, to pay all rent due and
in arrears, and all intervening rent, damages,
and costs; and each party appealing shall
be held to produce copy Of the whole case,
! at the Court appealed to; and both parties
! shall be allowed TO offer any evidence AT the
! trial at the Common Pleas, in the same man
ner as if the cause had been originally COM
menced there. And the Court of Common
Pleas shall, whenever any appellant thereto
shall tail to prosecute his appeal, or if he shall
neglect TO produce copy Of the case, affirm
! the former judgment upon the appellee's couI-
plant, and award such additional damages
and costs as have arisen in consequence of the
said appeal; and execution shall issue accord
ingy.
SEC. 8. Be ii further enacted, That when
( in any action brought upon this statute, the
defendant shall plead the general issue, he
shall not be allowed to offer my evidence that
manded premises in question. And when the
defendant, in any such action, shall plead the
title of himself, or any other person, to tls&
freehold Of such demanded premises in iusti-
hcatlon, tae Court shah thereon order the de-
PENDANT to recognize to the adverse party in
| a reasonable sum, with sufficient surety or
! sureties, to enter the said action at the next
| Court OF Common Pleas, TO be holden within
the same County, and to prosecute the same
/ with effect, and to pay all rent due & in arrears,
and all intervening rent, damages and costs !;
and il the defendant shall refuse to recognize,
the justice shall render judgment against hun
IN the same manner as if he had refused to
make answer to the suit. And either party
IN such case, shall be allowed to appeal from
the judgment of the Court of Common Pleas,
| IN the same manner as If the suit had been
originally commenced there: provided, that
when the defendant so pleads and recognizes,
! and the Justice or Justices Of the Court OF
Common Pleas, or of the Supreme Judicial
J Court holding the Court to which the case is
removed OF appealed, shall, either upon de-
| FAULT OF the defendant to enter his case there
IN, or upon trial Of the same, certify that, in
l.is. or their opinion, such plea was frivolous,
and pleaded for the purpose Of delay, then
the complainant shall have judgment for treble
damages and costs.
sec. d BE IL further enacted, That from
ana alter the first day of July next, all leases
al Will and tenancies at sufferance. of any land
or tehements within this Commonwealth, may
be terminated by either party, after giving to
the other party three months notice: and
where the rent for such lands and tenements
is due and payable more frequently than
quarterly, the notice shall be sufficient il II
be equal to the interval between the times OF
payments thereof; provided, nevertheless,
that in all cases of neglect, or refusal TO paw
the rent due ands in arrear, fourteen days no.
tice TO the tenant or occupant shall be sufi-