Delaware State journal and statesman., 1865-01-10
approved, July A, 1864.
TPuBr1o-No. 2O2 I

TPuDLIo-No. 202
An ACT to requisite proceedings in o0ses hs-
tween Landlord and tenants in the pi-uiet of
Colunbia
BE .t enacted By the Senate and House Of E,ps.-
se1fahaes Of NE Uai,sa Scales Of 4mefGd ~ L9B-
gress assembled, Th9t tenancy at will shsi not
arise OF be created without MI express contract
or letting 10 that effect aud That ~ onsIpe-
ton, possession or holding Of any msstult ts or
real estate without express contract OF lease, or
by such contract or lease the terms ol wAlol
have expired sholl be deemed AMI he'd le
tenancies by satferanec; and all estates ut Wall
and suiferance may be determined hy Il uitoe,
in writing, to quit Of thirty days, driivec'l t.
the tenant in hand or to scme person Of proper
age upon the premises, or in the ahstna Of .f',
tenant or person then such notice uaN bO u
hy aiixing the same TO a couspienons para
premises where it may be coGynniuilly r,af
The nttOrnmsnt Of tenant to II strange s.,Yl
be void, and shall rot Affect the rights oi ile
landlord uuless ii be made with the coa~.gi ,>
press or implied, Of the landlord Fropii a
no part of this section othen than that wWe e.
lates to attOEnment of tenant to a stranger
shall apply 70 contracts made or to any tsoHn'y
existing prior to the passage Of this act, ex3a vt
in cases of waste or refusal to pay rent.
Sec 2. Aud be it further euacted, That ,. sca
fOTcbe entry is made, or when PelceaIle N-
try is made and the possession uu4siuly h'l
W tVIDts VI hndn pOabebeluu Is HFlA N4Iu fdt
right, after the estate ia determined by Tie nin.s
OF the lease by its own Limitation, o. Us ns4st
to quit, or otherwise or written criaplaisf ot
oath Of the person entitled to the premises tl il
justice ofthe peace, charging af0rebe eufi
detainer OF reul estate as aforesa Il summons
may be issusel to proper officer, conlmaudrs
the person complained of to appear and slow
cause why judgment should not be rendered
against him, which shall be served like other
Writs Of eumnlnna Mt least anVpn daVa i1F 80.
appearance. II it appears 5y default or ps0a
trial that the complainant is entitled to the pss
session Of the premises, he shall have judgment
and execution for the possession and costs u tAs
complainant becomes nonsuit and fails to prove
his right to possession, the defendant snail hpye
judgment and execution for his costs
Sec 9. And be it further enacted, rha. if
upon trial defendant pleads title to the premises
in himself, or in another person under whom hs
olaims tho pramises, he shall recognize in u rea-
sonable sum to the complainant, to be f.el by
said Justice, with sufficient sureties, conditioned
to pay all intervening damages aud costs ani
reasonable intervening rent for the premises;
and the complainant shall in like maunet roeu,.
nze to the defendant conditioned to enter Lie
suit at the next term of the supreme court ui the
District, aud pay all costs adjudged against
him and thereupon the proceedings -Ahali be
certified 10 snid court by the justice HcnAar
party neglects 30 to recognizc Judgment shfi
be rendered against him as on nonsut or delAui,
and execution shall issue accordingly az ators
said.
Sec 4. And be il further enacted, That cither
party against whom judgment IL teadeFed by q
justice Of the peace may appeal from such jadg
ment 10 the Supreme Court Of tae District 81
Columbia iu the same manner ks'nppssl$ cis
taken 10 tie said court in other easesi but in
case OF an appeal by a delendnnt. h3 ,shql ia
addition to the hail required in other vases Froog-
Dize in reasonable sum To the complainant, 10
be fixed by said justice, with sufficient surcties
conditioned to pay all Intervening damages to
the leased property resulting from waste, and
intervening rent for the premtses nni 'iich ap-
peals shall be tried in The same mnnner gad far
ther proceedings had therein accoFius 70 tho
practice in appeals in other cases IL al'4 court.
Sec. 8. And be it further enacted That On
the trial of said suit in the Supreme Goutt' OF d
the District, if the jury find for complainant. z
they shall assess the damages aud intervening
rent; and in case Of deianlt the san, shan bq
assessed by the court
Sec, 6. Aud be il further enacted, That tho
fees of the justice issuing the process anl hear
ing tue issue and making up the record aal GER
iity ing the same, and the office Tor serving the
process, shall be those allowed ia civil causes.
Sec. I. And b2 il further enacted, Thak all
acts and parts of acts inconsistent with this act
are hereby repealed.
Approved, July 4. 1864.