Delaware State journal and statesman., 1865-01-13
rPpntIe-yo. 202 I

j
An ACT to regulate proceedings In cases be-
tween landlord aud tenants in the District Of
Colunbla
BE ii s1oefll By the SsssGte osd Hoase Of Repre-
ssatahass Of che Uaiisd Ss1tss Of Ameriea IN Con-
gTsss asssng6ied, That a tenancy at will shall not
arise ur he created without An sxptess contract
OF letting to that effect; and that all eccupa-
ton, possession, sr holding OF any mesauage or
real estate without express contract or lease, or
by such contract or lease the terms OF which
have expired shol be deemed and held 10 be
lenancss by suferanee aud all estates at will
and suferance may bs determined by notice,
Ia writing, to quit OF thirty days, delivered to
The tenant In hand or to some person Of proper
age upon the premises, or 10 the absence Of such
tenant or person then su5h notice may be served
by afhxing the ssme 10 3 conspicuous part Of the
Premises, where il may be conveniently read
The attornment of tenant to q stranger shall
be void, aud shall not affect the Iightu OF the
lsndlord unless II be made with the ponsent, eK-
press or implied, of tbs landlord; Prevsdsd, That
no part Of this section other than thas which re-
lslss to attornment Of tenant to stranger
shall apply to contracts made or 10 any tenRuey
existing prior to the passage Of this act, except
iu ouses of waste or refusal to psy rent.
SEQ. 2. AAd be ii further enacted, That when
forcible entry 10 made, or when peaeesbie en-
try 10 made aud the possession uniawfnlly held
by force, or when possession is held without
right, after the estate ia determined by The terms
ot the lease by iIs own limitation, or by notice
to quit, or otherHise, or written oouplAint on
oath Of the person entitled to The premises, to
justice Of the peace charging foreble entry or
detaiuer ofreal estate as aforesaid summons
may be issussd 10 proper officer, commanding
the person complained VI " appear aud show
cause why Judgment should not be rendered
against him, which shall be served like other
Writs Of summons az least seven days before his
appearance. II il appears by default or upon
trial that the complainant 10 entitled 70 the pos
session Of the premises, be shall have judgment
aud execution for the possession and costs II the
complainant becomes nonsuit and fails to prove
his right to pOssesslon, the defendant shall have
Judgment and execution for his costs.
Sec .. And be II further enacted, That IL
upon trial defendant pleads title to the premises
in himself, or in another person under whom he
claims the pranises, he shall recognize 10 rea-
sonable SUN 10 the complainant, 10 be liked BY
said justice, with sufficient Eureies, conditioned
to pay ali Intervening damages and eusts aud
reasonable Intervening rent for tue premises
and the complainant shall in like manner rseog
ni1e 10 The defendant conditioned toentsr the
suit at the next term of The supreme court Of the
District, and pay all costs adjudged agaiAst
him aud theteupon The proceedings shall be
certified TO said coart BY the justice. lfeilher
party nrglects 80 to recognise, judgmsnt shall
/ be rendered against him as on nousnh or default
aud execauen shall issue accordingly aa sfore'
! said.
Sec. 4. Aod be il further eRAc.ed, That either
party sgainst Rhem judgment is rendered By .
justiee OF the peace may sppeal from snchjndg-
ment 10 the Supreme Court Of the District Of
Columbia in the same manneF As appeals are
taken ~ the said c9uFt Ia other casesi but in
case OF On appeal By s defendant. he shall in
alliton 10 the bail required in other cases recog
uize jn a reasonable suin to The complainant, 10
be fxed by said justice, With sufficient sureIieS
eOndiuon7l to pay AL intervening damages TO
the leased properly resulting from waste, and
Intervening Tert for the premises aud such ap-
peals shall be tried in the same manner and fur
ther procs rliugs had therein according to the
practice in appeals ia other cases 10 said court
Sec D. And be it further enacted, That VI
the trial Of said suit, in the Supreme Court oi
the District, if the jury find for complainant,
they sball assess the damages sud intervening
rent and in case Of default the same shall be
assessed by ths court.
Sec q. Aud be il further enacted, That the
tees of The justice Issuing the process and hear
ing the issue aud making up the record and GER
ufying the same, md the Otnce for serTing the
process, shall be those allowed in civil causes.
See. Z. Aud be it further enacted, That oil
acts and parts oil acts Inconsistent with this ael
are hereby repealed, .
Approved, July I, 1864.