Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-07-21

noon Justice Reaver, of Georgetown, had be-
fore him the case of W. b. Entwisle against
session OF premises under the late law of Con-
Eress. q. NJ. Mathews appeared for plaintiff,
and j. Carter Marbury for defendant. TINS
case was brought under the third section OF
the act, which provides that, at the expiration
of a tenancy, the owner has right to bring an
action TO recover the premises.
The first witness called was W. H. Cooley,
who testified that he sold the premises recently
to the plaintiff; that the defendant had occu-
pied the house several years, and had paid
him (Mr 6. y monthly, but they had no specific
bargain as to whether he was monthly or
yearly tenant.
MI Powers testified that he served the
notice, but could not testify that it was on the
day specified.
Mr. Marbury argued that the tenancy was
hot sufficiently proved II Justify o thirty days
notice; that payment of rent by the month did
not imply that it was monthly tenancy Such
payments were often made for convenience;
and the service of the notice had not been prop
The Justice dismissed the case.
The following is the bill as it passed Con-
gress:
That a tenancy at Will shall not arise OF be
created without an express contract of letting
to that effect, and that all occupation, posses
sion or holding of any messuage or real estate,
without express contract or lease, or by such
contract or lease the terms OF which have ex-
pired, shall be deemed and held to he tenau cies,
and all estates at will and sufferance, may be
determined by note in writing to quit OF
thirty days, delivered to the tenant in hand, or
TO some person of proper age upon the prem
Uses, or in absence Of such person or tenant,
then such notice may be served by affixing the
same to a conspicuous part OF the premises,
where il may be conveniently read. The at
TORMENT OF a tenant to O stranger shall be
void, and shall not effect the rights OF the
landlord, unless ii be made with the consent,
cypress or implied, of the landlord Prorided,
That no part OF this section other than that aUhich
relates 10 dttornment If q tenant to stranger,
shall apply 10 contracts maze or to an tenancy
of aoGSte or refusal to pay rent.
Sec. 9. That whe e foIcib'e entry is made, or
where a peaceable entry is made, and the pos
session pnlawfully held by force, or where
posse is held without right. after the es-
tate is determined by the terms Of the lease by
its own imiIatioD or by notice TO quit or other
wise, or written complaint ON oath of the per-
son entitled 10 the premises to justice OF the
peace charging q forcible entry or detaner
OF real estate, as aforesaid, a summons
may b. issued to proper officer. commanding
the person complained OF to appear and show
cause Why Judgment should not be entered
against him. which shall be served like other
wrlts OF summons, at least seven days before
his appearance. If II appear, by default or
upon trial, that the complainant Is entitled to
Judgment and axac ution for the pos session a d
costs. II the complainant becomes ponsuited
and fail to prove his ght to possession, the de-
PENDANT shall have judgment and exec uti0n for
his costs
Sec. 8. That If uron trial defendant pleads
Title TO the premises in himself or in another
shall recognize in a able sum to thu COM
plain ant, TO he fixed by said Justice, with suf
Gent suretes conditioned to pay all IN terv mil
damages and cos1s, and rea onable interven ID
Eeht LOT th- premises, and he com pl ain ant hall
An hAe manner recognize to the defendant con =
uiuoneo 10 enter the suit at the nsxt term of
tue supreme Court OF the District, and paw all
costs an1udged against him, and the reup On the
pioceeoinss shall be certified to sal court by
tue Jusu'e. II either party neglects so 10
l1coRnizr, Jooehent shall be rendered against
hltn Us on nohsult or default, and exec uucn
S-c.4. THAI either party against u1hor, ;,a.
ment Is rendered by a Justice OF tbs Psacs NJ a =
appeal from such judgment To the Suorsra
Court OF the District OF Colum bis IN the same
manner as appeals are taken to the said conrt
but In case of an appeal by defendsnt re
shall, in addition 10 the bail required in o,,ar
cases, recognize in a reasonable sum IN tha
complainant, TO be fixed by said justice with
snmcient suretiss. conditioned to pay ali in.
terV.nlng damages to the leased property re.
suIting nom waste, and inter vening rent for
me premises; and such appeals shall be tried
an tue same manner, and further procse dings
mao therein, according TO the practice ia ap.
PtaIs In other cases in said court
. sec 5. That on the trial OF the said anti in the
,upIeme Court of the District, il the Jury dnd
80 eolnp'airant, they shall asses 9 the da oaaxss
.h IA - Nehlng rent; and in case of def .aIt,
~ ss4nr snail be asses led by the conf
- sc D. ihat the fees of 'he iustire issuino
the process and hearing the iss9e and rsEins
up ne record, and certify ne the q ,me. an a the
allowed In civil causes s""' NC 'no'e
See.7 All acts and parts Of az Is ineorsistan,
VII" lais ach are hereby repealed.