Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-02-25
FCrcfbIe Entry and Detainer

BY request Of many members of the
bar we republish the following act,
passed February 9, 1870, entitled an
act to amend the law concerning
fOrcible entry and detainer:
SECTION /. Be it enacted 6y the Gen
eydl Assembly Of the State Of Tennessee,
That from and after the passage OF
this act, that whenever a Judgment
shall be rendered for the plaintiff in
any action Of forcible entry or detain-
er, now pending or that may here
after be brought before three JustlceS
of the Peace of this State having Ju,
risdictiOn to try the same, ana Wit Oh
possession or restitution aWarueu,
that the same shall be executed, ana
the plaintiff Immediately restored to
the possession; provided, that IL the
defendant or defendants snail
pray an appeal from said Judg-
ment said plaintiff or plain
tiffs shall execute bond with good and
sufficient security in double the value
of one wears rent Of the premises,
conditioned that he or they will pay
All costs and damages which may
occur from his wrOngfully enforcing
said writ, and that be or they will
abide by and perform whatever judg-
ment might be rendered by the ap-
pellant writ in the final hearing Of the
cause.
See. 3. Be IL further enacted, That
the proceedings in cases aforesaid,
NAV within thirty days after the rem
dition of Judgment, be removed 10
the Circuit Court by petition or wTlts
,Of certeOrari and superSedeas, and 1t
shall be the duty Of the judge, II its
merits are sufficiently set forth, TO
Grant said writs and to require bond
and security from the applicant sutti-
cient TO cover all costs and damages ;
and If the defendant below be the ap-
;1Iicant. then the bond and security
shall be of sufficient amount to cover,
besides costs and damages, the value
of the rent of the premises during the
litigation. M.
Sec. 8. Be 1t further enacted, mat
any person granting lease OF Iah1s,
tenements and heCeditaments may De
taken from the tenant a bond cove
nanting to deliver possession OF the
rented premises on the day speclned
therein as the end Of the term OF the
lease and further authorizing the
Dartv from whom the premises are
rented. or any other person whose
name may be mentioned as attorney
in case possession of the premises Is
not given up- and delivered in con-
formity with the provisions OF SAID
lease to appear on any day OF the
term of the court having jurisdiction
i'm such cases, the term Of said court
fo he expressly named, and the prem
ises to be sufficiently described In said
bond. and then and there in the name
of the party executing said bond, con-
fess a Judgment for possession OF sald
rented premises.
Sec. 4. Be q further enacted, That
upOn presentation Of-said bond and
satisfactory proof of its execution, the
court shall enter judgment for posses
sion, and also for costs Of the proceed-
ing in favor Of the party granting said
lease against said tenant thus unlaW-
fully holding over.
SEC. 5. Be Il further enacted, That
fba writ of pOsseSSiOn shall have force
and eject to dispOssess any party in
uossession, who holds as assignee, or
sub-lessee of the original tenant.
Sec. 6. Be X further enacted, That
in commencing action under the pro-
vision of this bill, summons may be
served upon any adult person or per-
sons, male or female, found In posses
SION of the premises, and service Of
said process upon the party in posses
sion shall be good and sufficient to
enable the landlord to regain posses
sion of his property.
Sec. :. BE Il further enacted, That
all laws and paris of laws in conflict
with the provisions OF this act pe ana
the same are hereby repealed, and
that this act take effect fron and after
ats massage.