Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1871-03-10
Im pOftan t to Landlords and Ten
ants---Summary Remedy of
Ein0fr.p ont

Importan t to Landlords and Ten
ants.--Summary Remedy OF
The following bill, making important
changes in the 134th chaI ter of the Code,
concerning the recovery Of the possession of
real estate, was passed by the Legislature
on Saturday last:
ssBe 1t enacted By the General Assembly,
That chapter 1874 Of the Code of Virginia
be amended and re enacted so as to read as
follows:
Of the Summary Remedy for Unlawful
Entry or Detaimer.
Sec. l. If any forcible or unlawful entry
be made upon lands, or if, when the entry
is lawful and peaceable, the tenant shall de-
tain the possession of land after his right
has expired, without the consent Of him who
is entitled to the possession. the party SO
turned out of possession, no matter what
right or title he had thereto, or the party
against whom such possession is unlawfully
detained, may, within three years after such
forcible or unlawful entry, Or such unlawful
detainer, sue out Of the clerks Office Of the
circuit, county, Or corporation court, Of the
county or corporation in which the land, or
some part thereof, may be, summons
against the defendant to answer the COM
plant of the plaintiff, that the defendant is
in possession and unlawfully withholds froa
the plaintiff the premises in question (de-
scribing them,) and no other declaration
,l,o Ill bo Nv -,
tho possession of any house, land, or tene-
ment, is unlawfully detained by tenant, or
some person claiming under him the lease
Of such tenant being originally for period
not exceeding ore month, the landlord O..
other person entitled to the possession, may
present to any justice Of the peace Of the
county, city, or town, in which said premi-
the facts which authorize the removal of the
tenant Or other person in possession (de-
scribing said prcmises,) and thcreupon the
said Justice shall issue his summons against
the person or persons named in said afida-
Wit
Sec. 2 The summons, when issued from
the clerks Office of a court, may be return
able to and the case heard and determined
at any term of said court When issued by
justice, it may be returnabIe to and the
case heard and determined by any justice Of
the peace Of sail county, city, or town -
Provided, The same be made returnable to
some place within the township or ward in
which the defendant resides. Such sum
mons shall be served al least five days before
the return day thereof. Ifeither party APP
pear and plead, his plea shall be "not gull
ty" Upon this issue, or upon the return
Of the first or any subsequent summons
executed" the court or justice, as the case
may be, shall Try whether he unlaw ully
withholds the premises in controversy
When the summons returnahle TO court, a
iary may be empannelled to try the case,
upon the application Of the defendant at any
time before the trial Such causes shall
have presidents over all other civil causes
on the docket.
SEC. 8. If it appear that the plaintiff was
forcibly or unlawfully turned cut of posses
sion, or that it was unlawfully detained
from him, unless it also appear that the de-
PENDANT has held or detained the possession
for three years before the date of the sum
mons, the verdict or judgment shall be for
the plaintiff for the said premises, or such
part thereof as may be found to have been
50 held or detained When part emily Of the
premises is found for the plaintiff, the YER
dict or judgment shall describe the part SO
found In such cases the verdict or judy
ment shall be for the plaintiff. II the YER
diet be for the defendant as to the whole,
iud gment shall be for him. The summons
or other process issued by Il justice of the
peace under this chapter may be directed to
the sheriff, sergeant, or any constable, and
served in the same manner as the process
issued from the court
Sec 4. And if any tenant OF lessee Of
premises in city or town, being in default
in the payment of rent. shall so continue for
five days after notice in writing requiring
possession Of the premises or the payment of
rent, such tenant or lessee shall thereby for
felt his right to the possession. In any of
such cases the possession Of the defendant
may, at the option of the landlord or lessor,
be deemed unlawful, and he may proceed
to recover tho same in the manner provided
by this chapter.
SEC 5. An appeal shall lie from the
judgment of justice, in any proceeding un-
der this chapter, to the county Or corpora
tiou court, in the same manner, and with
like effect, and upon like security, as appeals
taken under the law in force at the time of
the passage of this act from the Judgment of
a Justice Of the peace in civil ac ion. The
said appeal shall be taken within ten days,
and the security approved by the justice
from whose decision the appeal is taken !;
and when the appeal is taken by the defen.
dant, he shall be required to s've security
also for all rent which has accrued upon said
PREMISES and which may accrue thereon,
but for not more than one years 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 occu-
patton Of the premises for period not ex-
ceedipg three months. Upon the trial of
said appeal, a jury may be e,npannelled to
try the matter in controversy upon the ap-
plication of either party: Prcvided, ho,ceuer,
That when the annual value or rental Of the
property in controversy shall exceed the
sum of one hundred dollars an appeal shall
lie from the county court to the circuit court
of the county, as in other cases of unlawful
detainer brought originally in the county
court.
Sec g. No such Judgment shall bar any
action of tresspass Or ejectment between the
same parties, nor shall any such judgment
or verdict be &C Inclusive, in any such future
action, of the facts therein found
2. This act shall take effect from and az
ter its passage.
A FLORIDA SPRING The Palalka Herald
thus describes one Of the natural attractions