The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-03-06

Taos. ". KEEsEE win sell st 10 A. NJ. furni-
ture &c. s
LOCAL MATTERS.
Important to Landlords and Ten.
anfs-summary Remedy or Eject.
mene- 49,.
The following bill, making important
changes in the 18th chapter of the Code,
concerning the recovery of the possession
of real estate, was passed by the Legisla-
ture on Saturday: ......
BE 1t enacted by the General Assem-
6ty, That chapter 1874 Of the Code of Vir-
g'nia be amended and reenacted SO as TO
read as follows:
" the Summary Remedy for Uniascful
-.,... Entry or Detatner. 49,. -...
SEC. 1. II any forcible OF unlawful en-
Try ne made upon lands, or if, when the
entry 10 lawful and peaceable, the tenant
snail detaln the possession OF land after his
night has expired without the consent of
him who is entitled to the possession, the
| party 50 turned out of possession. ITO mat
ter what right or title he had thereto, or
| the party against whom such possession is
| Inlawftlly detained, NAV, within three
years after such forcible or unlawful entry,
or such unlawful detainer, sue out of the
clerks office Of the circuit, county, or cor
poration3 court, Of the county or corpora
tlon IN which the land, or some part there
~ may be, a summons against the defend
ant 10 answer the complaint of the plain
till. that the defendant is in possession and
unlawfully withholds from the plaintiff
the premises in question describing
them), and no other declaration shall
1 be required. Or in any case where the
possession of any house, land, or teDe-
ment, IS unlawfullv detained by tenant,
or some person claiming under him the
lease OF such tenant being originally for q
| period not exceeding one month, the land
| lord or other person entitled to the posses
| sion. may present to any justice of the
peace of the county, city, or town, in
| which said premises are situated, state
| ment, under oath, Of the facts which au-
| thorize the removal of the tenant or other
! person in possession describing said prem
ises), and thereupon the said justice shall
| issue his summons against the person or
persons named in said affidavit.
| SEC. 9. The summons, when issued from
the clerks office Of court, may be return
able to and the case heard and determined
at any term of said court. When issued by
| a justice, it may be returnable to and the
case heard and determined by any justice
of the peace of said 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 ut least five days be-
fore the return day thereof If either party
| appear and plead, his plea shall be mot
guilty." Upon this issue, or upon the re-
turn of the first or any subsequent sum.
mons ''executed," the court or justice, as
the case may be, shall try whether he un-
lawfully withholds the premises in contro-
versy. When the summons is returnable
to court, jury may be empannelled to
TRY the case, 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. 3. If it appear that the plaintiff was
forcibly or unlaWfully turned out of pos
session, 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 lie found to have been
so held or detained. When part only of the
premises is found for the plaintiff, the ver-
dict or judgment shall describe the part so
found. In such cases the verdict or judg-
ment shall be for the plaintiff. IF the YER
dict be for the defendant as to the whole,
Judgment shall be for hum. The summons
or other process issued by q 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 pro.
cess issued from the court.
Sec. 4. And if any tenant or lessee oil
premises in city or town, being in de.
fault in the payment of rent, shall so con.
tinue for five days after notice in writing
requiring possession of the premises or the
payment of rent, such tenant or lessee shall
thereby forfeit his right to the possession
La any Of such cases the possession of the
defendant may, at the option of the land.
lord or lessor, be deemed unlawful, and be
! may proceed to recover the same in the
manner provided by this chapter.
II SEC. D. An appeal shall lie from the iudg.
ment OF a justice, in any proceeding under
this chapter, to the county or corporation
court, in the same manner, and with LIKE
effect, and upon like security, as appeals
taken under the law in force at the time o.
! the passage Of this act from the Judgment
; OF Justice of the peace in civil action
The said appeal shall be taken within ter
| days, and the security approved by the jus
tice from whose decision the appeal il
taken and when the appeal is taken 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 for not more than one year.
rent in all, whether it shall have accrued
before or may accrue after said appeal i
, taken, and also for all damages that shall
, have accrued or may accrue from
the unlawful use and occupation of tn
premises for q period not exceeding
. three months. Upon the trial Of sait
, appeal, jury may be empanneled II
J try the matter In controversy upon the ap
plcation Of either party: PROVIDED, hoic
eyer, That when the annual value or renta
Of the property in controversy shall exceed
the sum OF one hundred dollars an appea
shall lie from the county court to the cir
cult court of the county, as in other case
the county court.
\ SEC. 6. No such judgment shall bar any
action of trespass or eJectment between tht
same parties, nor shall any such judgmen
or verdict be conclusive, in any such future
action. of the facts therein found" {
| 2. This act shall take effect from and after
its passage. ~. .......s-a
SALE OF REAL EsTATE.-A bill was In
troduced in the Senate on Saturday by MIR
Fitzpatrick amending the 10th section o.
chapter 1873 of the Code of 1850. in relation
to The sales of real estate. The amendment
of the section, il agreed to, provides thai
" real estate conveyed to an officer under
this chapter shall be sold by him according
to the provisions OF the act 6 to regulate
judicial sales and prevent the sacrifice Of
property approved July IL, 1870, and be
conveyed, when sold, to the purchaser by
the officer or his deputy. An officer to
HrryI.o Ill.