Smyrna times., 1865-05-17
[PUBLIC-No. 202.l


AN ACT 10 regulate proceedings ia cases between land
lord and tenants III The District OF Columbia
Be II eHGctcd by the Senate and House of RPpre-
seRtdtireS Of tie United Suites Of America IN C0a-
greSS assembled, That a tenancy at will shall not
be created wIIhnuI an express Contract or II,
ting 10 thai effect Thai ali Oc, patton possession
or holding OF any mcssuaqe real estate without rx-
press contract lease by such tOuirc or lease The
terms OF "hch have expired shati deemed and held
10 De ieahces y Siertnce; ami all estates al viii
and sufterance may be determined by a nDce, III VIII.
Tag 10 gum U thirty days, delivered to The tenant IN
hand some person Ul proper age upOn the uremsrs
or IN the absence of such tenant person then such
notice may be ed 10y alliNng The 10 cnsic
uOus part Of the premises where may be COnv
y read. The aIOrnment OF IeI,nI 10 stranger sh al
be VOHi a*d shall not aect The rights OF the land ord
unless II be made with the consent exurcssed or I'M
pied, OF the landO ID Provided That no part of ih,s
section other than thai Inch relates TO aiUrnmen of
tenant 10 stranger shall apply 10 contacts made or
to ahv tenancy c&sIlng prior TO lhe pas sage OF this c
except in cases OF waste or refusal 10 pay rent
Sec q Ant be Il further tnscted That when fOrclble
entry made, when "A peaceable entry i made and
the possession unlawiuly held 10y force when pos
session s he'd without right after the estate defer
mined ny the Terms OF The lease by Is own lImalI0n
or by notice Oqu, or otherwise, written plant
on oalh OF The person entitled to the premises,
tee OF the peace, charging iOrCIbe entry or detain.
er OF real estate aforesaid summons NAV b. issued
to proper officer commanding the person c0mpla ed
o. t. appear and show Why cump plant should moi
be rendered against him, which shall be served hike
other wrs oil summons 81 least seven days before his
appear Ii appears by default or uun Irla tIat
The comp .alnant entitled to the possession ui the
premises lie shall have judgment aud execution tor
The possession and cOss; II The complainant becomes
nonsuIt aud fails TO prove hls right Of possessun
deiendenI shall have judgment and execution lor his
Gusts.
Sec 3. And be it tuyilrr enacted, That if upon
trIai defendant pleads nile premises IN himself
u III anuhe- person m whom he claims The premises,
H. shall recognize IN reasonable sum 10 The paI-
ah l" be liked BY SAID justice, with suIent SURE lies
conditioned 10 pay all intervening Oanages ami costs
"nd reasonable intervening Tor the premises and
HE complainant shal Ill like manner recognize to The
Hecuddnl conditioned TO emler the the next
term OF the supreme OF the District and pay all
costs ad Judged a2aInal him and hercUpUn the pro.
ceilings sia be certified To said by the IuslIce.
1t either party neg eCIs recognize judgment shalt
be rendered against hm nUnsuII ueiaulI, and
execution shall issue accordingly aioresad.
Sec. 4, And be II FURTHER cRdCfed, That either
parry against whom judgment IS rendered by uslICe
OfIhe peace may appeal from such Judgment to The
Supreme Count OF The DslrcI ufCClumha the same
manner appeals taken the said court IN olhe
cases. but IN case Of appeal by adeiendan he sha
IN addition 10 The bail required IN other recog
nIzs IA reasOnab sum 10 The complainant, To he
fixed by SAID Ju,l~e. with sufficient condl-
TONED 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 mauner aud inrhef proceedings had therein
according to The practice IN appeals other in
! SAID court
Sec. ). Andbe II further enacted, That on the trial
vi Sdiu sui, III RENE COurl oil Inc Dl5rIct,
the Ju'y Gad tor compl4nlnt, they shall the
damages and inlerV Venlg rent; and OF deiaul
the same shall be assessed by The court.
! Sec. 8. And be il further enacted, That the fee,
oi The justice IsSung The process and hearing the
and making up the record and certifying the same
aud The ole Tor serving The process shall be those
| allowed III CIviI cases.
SEC. :. And be 1t further enacted, That all act,
aud paris Ol acts inconsistent with this hereby
| repeated
Approved July 4, 1864.