The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1840-03-26

any wise affect the possession Of his land
lord, unless il is made
First.-With the consent of the land
lord; or, I s
Secoud.- Pursuant to, or in consequence
of a judgment at law or decree IN equl-
| ty; OR,
Ihird-To amortgagee after the mort
gage has been forfeited.
Sec. 70. A landlord may recover in an
action on the case, reasonable satistac-
ton, for the use and occupation Of any
lands or tenements held by any person
under an agreement not made by deed.
/ Sec. 10. If parol demise or other
agreement not by deed, by which GER
tain rent is reserved appears in evidence
on the trial of such action, the plaintiff shall
not, on that account, be debarred from
recovery, but may make use thereof as ev-
idence of the amount of damages to be re.
covered.
Sec. Ia. Every landlord shall have a
lien upon the crop grown upon the dennis
ed premises in any year, for the rent that
shall accrue for such year, and such lien
shall continue for eight months after such
rent shall become payable, and until the
decision of any suit for such rent brought
within that time.
Sec. Is. In every surveyed or incorpo-
rated town, the landlord shall have lien
OH such household furniture of the tenant
as is not exempt from execution, for any
rent that may be due from such tenant,
for the rent of house or house and lot,
and shall continue for three months after
such rent shall fall due, and until the de-
cision of any suit that may be brought
within that time for such rent
] Sec. l6. Whenever such rent or more
is in arrear from tenant, the landlord,
if he has subsisting right by law to re-
enter for the non-payment of such rent
}, may bring an action of rightto recover the
possession of the demised premises.
Sec. II. If the summons, in such ac-
ton cannot be served in the ordinary mode
provided by law, it may be served by af-
fixing copy of the declaration and sum-
mons on conspicuous part of the DENIS
ed premises, where it may be convenient
ly read.
Il. Sec. Is. The service of the summons
in such action of right shall be deemed
and stand instead of demand of the>rent
!, in arrear, and of a re-entry on the dennis
ed premises.
:, Sec. 10. If, upon the trial of such &C
t ton, it is proved or upon judgement by de-
fault it appears to the court by affidavit
: that the plaintiff had right to commence
such action according to the provisions Of
? this act, he shall have judgment to recov.
er the possession Of the demised premises
t and costs.
Sec. 20. If the defendant, before judg.
) ment is given in such action, either ten.
ders to the landlord or brings into the
court where the suit is pending all the
rent then in arrear, and all costs, all fur
Their proceedings in the action shall cease
Sec. 81. If the rent and costs remain
unpaid for six months after execution up
on such judgment in all action of right i:
executed and no bill for relief in equity
is filed within that time, the lessee ane
: his assigns, and all other persons, deriving
title nnder the lease from such lessee, be
barred from all relief in law or equity, Tex
.. cept for error in the record or proceed
!. ings) and the landlord shall, from thence
forth, hold the demised premises discharg
ing from the lease.
Sec. %. A mortgage of such lease, no
, in possession of such demised premises
who within six months after execution oil
any such judgmen in an action of right is
executed, shall pay all rent in arrear and
all costs, and the charges incurred by the
landlord, and shall perform all the agree
:. ments which ought to be performed by
the first lessee, shall not be affected by
. the recovery of such action of right.
Approved December 30, 1889.