Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-11-22


sion OF land BY lawful title, but holds overy b,
n,ong aI,er the determination Of his interest '
tSee 81; Com, 150 Kents Com, lie, 10
LN. o., D. Such tenant at common law had
no estate in the premises he held, and was en-
uIeo 70 no notice TO quit. The landlord might
enel upon the premises and remove him and
NE goods therefrom, and action Of trespass
conio be maintained against him for so doing
1T will be seen at glance, therefore, the dis.
JUNCTION between the tenancy mentioned in the
nrst section and described as shielding BY con-
tract or lease the terms Of cAich hare expired and
q "holding over By orong after the determine.
ZION OF the tenants interest" The former,
think, means holding over by the express or
implied assent OF the landlord, and would. in
the absence Of the present statute, constitute q
tenancy from year to year. The latter is a
mere wrongful holding in opposition to and in
defiance OF the will Of the landlord. The diff
ference between holding over and wrong
ful holding over is too manifest to req uire il
IustratIon.
This construction of the first section harmo.
nizee the first and second sections, and makes
each consistent with itself and with each
other,
The second section proceeds to enact, In sub.
stance, that when a tenant holds possession
without right, after the estate is determined
by the terms OF the lease by its own Limitation,
that is where, by the agreement OF the parties,
the tenancy is to end on particular day, and
the tenant hold over, the landlord may do
WHAT give notice. No. He may, on written
complaint on oath to a justice of the peace
have a summons Issued. &c. This section also
his estate has been determined by a notice to
quit or other wise, the landlord may make com.
plant, DC. n other words, the manifest mean
ing and intent Of the second section is, that
whenever the tenancy ends, il the tenant does
not quit the premises, the landlord may insu-
tute forthwith this summary proceeding before
Justice to obtain possession. The tenancy
ends when the period for which the premises
are leased expires. If the parties make no
agreement as to the length of time for which
the premises are leased, the tenancy may be
daA hvva
tenancy was created subsequently to the ath of
July, 1864. II it was created before that time,
and is still subsisting, il can be ended only in
the manner prescribed by the law as it existed
before the passage of the act last mentioned.
One other question OF some importance is
raised in this case, as to what person or per-
sons are entitled to resort to this summary
proceeding to recover the possession Of real
estate. The first section uses the words land.
lord and tenant, but the second section drops
the word landlord. and says ION written COM
1ses," application may be made &c. If this
language be understood in it's broadcast accep-
tation 1t would seem to imply that any one
who had legal title to the premises held by
the tenant, might institute this summary pro.
ceeding to recover possession. whether that
title was derived from the actual landlord or
from some other source. Obviously, that can.
not be the intent and meaning Of this language;
for if so, it would at once subvert the common
law action of ejectment and substitute this
summary proceeding in its place. The use OF
instead OF the word Landlord" as in the first
section. evinces an intention on the part of the
legislature TO extend this summary remedy
beyond the actual lessor or landlord.
The true intent and meaning OF the Legis-
lature was Il think to extend this remedy to
all persons, who, by the act Of the lessor or by
operation OF law, were placed in the same re-
lations to the tenant as the original lessor, to
wit: the grantees or assignees, de visees and
heirs at law Of the lessor.
If this construction Of the statute be the true
NJ foil hat hasa InT,,
institute this summary proceeding against the
defendants in this case. They are not grantees,
devisees or heirs at law OF the lessor OF the
premises in dispute. They certainly are not
expiration Of the term OF the tenants now hold
ing over, the plaintiffs or compliments OBJ
tained from Mrs. Scott, the lessor of the de-
PENDANTS, lease OF the premises for the term of
five years, TO commence at the expiration Of
the defendants tenancy. No relation, there
fore. of landlord and tenant ever subsisted be.
implication of law. This exposition OF the
statute will confine its provisions to what Is its
declared purpose, viz: TO regulate proceed.
Jugs in cases between landlord and tenant.
A NOVELTY IN THE MARKRT.-The first
Oysters from the Sturgin Bar, Rdppahdnnock
Rirer, since 1s6l.-T. M. Harvey, No. 2el O ct,
with characteristic enterprise, has succeeded
in procuring the first load of Rappahannock
oysters that has been secured since the break.
ing out OF the rebellion. These oysters were
procured under great risk by Capt. w. Bailey,
the great puryeyor OF the luscious bivalyes.
MIR. Harvey will serve these delicious oysters,
noted tor their sweetness and flavor, at his
saloon, and will also supply families with
them. They will be just the thing for thanks
giving.
IMPORTANT TO BUSINESS MEN-By refer
Pnce to our advertising columns ii will be seen
that all persons having advertising cards now
in the cars OF the Washington and Georgetown
Railroad Company are notified to renew their
DpcpmOpr.
they will be taken down; and persons desiring
TO place cards in the cars are requested to make
application at the office Of the company, at the
corner of 18th street and New York avenue.
NEW SINGING and Piano Forte Glass has been
opened by the we'll known Professor Alexan-
der Wolowski, at4s5 10th street. ALI those who
wish to read music readily and sing with taste,
expression, and finished style. will do well
not TO lose this opportunity.