Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1865-02-02
TPUBLIC-No. 2431

tween Landlord and Tenants in the District
Of Columbia.
Be it enacted by the Senate and House of
Representatives. of the United States of Amer
ica i'm Congress assembled, That q tenancy 1T
will shall not arise on be created without an
express contract or letting to that effect, and
that all occupation, possession, or holding of
any measuragc or real estate without express
contract or lease or by such contract or lease
the terms of which have expired, shall be
deemed and held to be tenancies by suffer
ance !; and all estates at will and suferance
may be determined by q notice, in writing, to
quit, of thirty days, delivered to the tenant
in hand, or to some person of proper age up
on the premises. or in the absence of srch ten
ant or person, then such notice may he served
by atfixing the same to a conspicuous part Of
the premises. where it may he conveniently
read. The attornmeut of a tenant to a stran-
ger shall be void, and shall not affect the
rights of the landlord, unless 1t be made with
the consent. express or implied. of the land.
lord: ProrjdeR. That no part of this Sec
ton other than that which relates to attorn-
ment of a tenant to stranger shall apply to
contracts made, or to any tenancy existing
prior to the passage of this act, except in cases
of waste, or refusal to pay rent. ....
Sec. 2. Aud be it further enacted, That
when forcible entry is made, or when peace
able entry is made and the possession unlaw-
fully held by force, or when possession is held
without right after the estate is determined
by the terms of the lease by its own limita-
ton, or by notice ~ quit, or otherwise. on
written complaint on oath of the person enti-
tied to the premises, to a justice OF the peace.
charging forcible entry detainer of real
estate a. aforesaid, a summons may be issued
to q proper officer, commanding the person
complained of tn appear and show cause why
judgment should not be rendered az ainSt him,
which shall be served like other writs of sum
mons at least seven days before his appearance
Ii it appears by default or Upon trial that the
complainant is entitled to the possession OF
the premises. he shall have judgment ami vx
ecution for the possession aud costs II the
complainant becomes nonsuit aud fails to prove
his right to possession, the defendant shall
have judgment and execution for bis costs.
See. 3. And be it further enacted. That If,
upon trial, defendant pleads title to the prem
ises in himself, or in another person under
whom he claims the premises. he shall recog
nize in reasonable sum to the complainant
to he fixed 10y said justice. with sufficient sure
ties, conditioned 10 pay all intervening DANA
ges and costs and reasonable intervening rent
for the premises and the complainant shall
in like manner recognize to the defendant con-
ditioned to enter the suit at the next term oi
the supreme court of the District, and pay all
costs adjudged against him and thereupon
the proceedings shall be certified to said court
by the justice. Ii either party negiects so tn
recognize, Judgment shall be rendered against
him as on nonsuit or default, and execution
shall issue accordingly as aforesaid
FEC. A. And be it further enacted, That ei-
ther party against which Judgment is render
ed 10y a justice of the peace, may appeal nom
such Judgment to the supreme court of the
District OF Columbia, in the same manner as
appeals are taken to tie said court i'm other
cases; but in case of an appeal by defend
ant, he shall, in addition To the bail required
i'm other cases, recognize in reasonable sum
to the complainant, to be fixed by said Justice,
with sufficient sureties, conditioned to pay all
| intervening damages to the leased property
resulting from waste and intervening rent for
the premises and such appeals shall be tried
in the same manner and further proceedings
had therein according to the practice in ap.
peals in other cases in said court. ...
See 5. And be it further enacted, That on
the trial of said suit in the supreme court o
the District, if the jury find for complainant
they shall assess the damages and intervening
rent and in case of default the same shall bt
assessed by the court. ..
Sec. 6. And be it further enacted That the
| fees of the justice issuing the process. anf
hearing the issue, and making mp the record
| and certifying the SAINT, and the officer fol
serving the process, shall be those allowed in
civil cases. . s..s
| Sec T. And be il further enacted, That al
acts and parts OF acts inconsistent with this
act are hereby repealed.
Approved, July 4, 1864.