Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-03-24

Nlr. Lee replied, nopc HoI oil, "oh'u w
anything for you in reason, but that PROPOSE
ton is dishonor;,blc, and cannot comply with
it. Mason then parted with me.
Mr.. Mason had testified the day before that
he would not believe Sam Page OH his oath,
and stated in reply TO 4 question from the Com,
monwcaltl's Attorney, that he had no special
interest in the Chahoon trial, and had not sand
that if he was worth 5 900, 900, ne would give
it to have Chahoon acquitted.
Mr.. Mason tried to avoid answering the ques-
ton put by the Commonwealth n 5 Attorney, but
the Judge insisted, and put the question HIM
self MIR. Lee stated in justice to Mr. Mason,
that he believed that he had been drunk for
the past month
1t is understood that MaSon's case will be
brought before the next grand jury.
Important TO Landlords and Tenants.
The following bill, making important chan
yes in the l34th chapter OF the Code, concern
Ing the recovery OF the possession OF real estate
has been by the Legislature -
"Bc Il enacted dc. That chapter "a Of the
Code of Virginia be amended and recnacted so
as to read rs follows:
SEC. /. Ii any torciblc or unlawful entry be
made upon lands, or it,when the entry Is unlaw-
tul and pcaccablc the tenant shall dctain the
possession of land alter his right has expired,
without the consent Of him who is entitled to
the proSscssion, the party so turned out OF pos
session. no matter what right or title he had
thereto. or the party against whom such pos
session is unlawfully detained, may within
three years after such iorciblc or unlawful en-
try or such, unlawful detaincr, sue out Of the
clerk office of the circuit county, or corpora
ton court of the county Or corporation III which
the land, or some part thereof, may be, L sum
mons against the defendant to answer the com
plaint Of the plaintiff, that the defendant is in
possession and unlawtu!ly withholds from the
Plaintiff the premises in question describing
thcm), and no other declaration shall be rcqu.r-
cl Or in any case where the possession OF
any house, lamd or tenement, Is unlawtuy de
tanned by Il tenant ur one some claiming under
him. the lease of such tenant being originally Tor
a period not exceeding one month. the landlord
or other person entitled to the posscssUn may
present to any Justice of the peace Of the coun-
ty. city. or town in which said premises are
situated, Il statement, under oath. of the facts
which authorize the removal Of the tenant or
other person IN possession idcSclblug SAID
premises, and thcrcupon the sad justice shall
issue his summons against the person or per-
SOILS named in said affidavit.
SEC =. The summons when issued from
the clerk : office Of the court, may be return
;hl. to and the case heard and determined at
any term of said COZ t. When issued by Il
Justice. it may DC rcturnablc t. and the case
heard and determined hy any Justice Of the
l.ac. of *;lid rOllnty. city. or town IIOrhiGt,
The same be- made rcturnablc to some place
within the township ~ wards in which the
defendant resides. Such summons shall be
served at least five days before the return day
thereof. If either party appear and plead. his
plea shall be not guilty. Upon this ISSUE
or upon the return Of the first or any subsc-
,ulcnt summons executed, the court or JUS
tice. is the case may be. shall try whether he
uuEuwlny withholds the premises in contro-
versy When the summons is rcturnablc to .
court II jury may be empannellcd to try the
cl:.,. upon the application of the defendant at
any time before the trial. Such causes shall
have precedence over all other civil causes on
the docket.
SEC. ;. Fit appear that the plaintiff was
tnrcihly or llnIawully turned out Of possession
or That it WAS unlawfully detained from him,
unless it also appear that the defendant has
held or detained the possession for three years
before the date nf the summons, the verdict or
Judgment shall be for the plaintiff for the said
premises, or such part thereof Us may be
found to have been 80 held ur detained. When
part only Of the premises Is found Tor the plain
titf the verdict or Judgment shall describe the
part 50 found. In such cases the verdict or
Judgment shall be for the plaintiff If the
verdict be for the defendant rs to the whole,
Judgment shall be for him. The summons or
other process issued by Il justice of the peace
under tlr; chapter may be directed to the
sheriff. sergeant, nr any constable, and served
in the same manner II the process issued from
the court.
SEQ. i. And if any tenant or lessee of prem
Uses in Il city on town. being in default in the
payment of rent, shall 80 continue for five days
after notice in writing requiring possession OF
the premises or the payment OF rent such ten
ant or lessee shall thereby forfeit his right to
the possession. In any such cases the posses
sion of the defendant may, at the option OF the
land lord or lessor he deemed unlawful, and
he may proceed TO recover the same in the
manner prov iled by this chapter.
SEC. ). An appeal shall lie from the judy
mcnt Of justice, III any proceeding under this
chapter, to the county or corporation court, III
the same manner, and with like effect, and
upon like security. rs appeals taken under the
law in force at the time of the passage Of this
net from the Judgment Ola justice OF the peace
in i civil action. The said appeal shall be
taken Wltnlll ten uilyS. anu INC security dp-
proved by the justice from whose decision the
appeal is taken and when the appeal is tai Ken
by the defendant. he shall be required to give
security also for all rent which has accrued
upon said premises and which may accrue
thereon but tur not more than one year S rent
in all, whether it shall have accrued before or
may accrue after said appeal is taken, and also
for all damages that shall have accrued or may
accrue from the unlawful use and occupation OF
the Premises for Il period not exceeding three
months. Upon the trial Of said appca, jury
may be cmpanncleI to try the matter in con-
troycrsy upon the application of either party
Provided. however. That when the annual
value or rental Of the property in controversy
sI,,lI exceed the sum Of one hundred dollars an
appeal Shall lie from the county court to the
circuit court of the county is in other cases OF
unlawful drtaincr brought originally IN the
county court.
SEr t. No such Judgment shall bar any ac-
tom Of trcspass or rjrctmcnt between the same
PARTIES nor shall any such Judgment or verdict