The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1881-12-01

appears necessary not exceeding three months: but
no such adjournment shall be allowed where the
ACTON IS brought upon wrttcn lease executed az
scc;:; Section twelve ~: Of said chapter eighty.
amended SO as 70 read rs follows:
NO restitution shall be made under the provisions
Of this chapter Of any lands tlncmens, of which
the party complained OF or his ancestors or those
under whom nc hold; the premises have been in
the quiet possession for three years next before the
entering of the conpiaint, after the determination
OF the casehod estate that he may have had there
in nor shall writ Of restitution issue in any case
for twenty four hours after Judgment. if the party
against whom judgment is rendered. Or his at
m aatep 10 iae st . ta he intends to take
upon written lease, executed by both parties
thereto. against tenant holding over, after the
Uses shall Ire made forthwith. and il the party
against whom Judgment is rendered, in such case,
gives notice to the justice that he intends TO take
an appeal, the justice shall! the:cupon, rs condi-
ton to the issuance of the writ ci restitution re-
qu,re Of the complainant bond with two sufficient
surcties conditioned that the complainant will pay
all costs and damages, it on said appeal said iuds
mrnt of restitution shall! I've reversed Or q new trial
ordered; and npon the filing of such bond the writ
OF restitution shall ssue i'll the same manner as if
no notice of appeal had been given.
Sec. 3. Section thirteen O3) of said chapter
eighty -four 49, is hereby amended to r:nd az
II either party feels axgricvci by the verdict Of
the jury. or decision of the justice, he may appeal
within ten days, as in other tried before JUS
IL
the party. appealing remains in possession Of the
property his bond shall be with two or more .uif-
Gent sulctcs, to be approved by said justice coll
d!tio1cd to pay all costs of such appeal, and abide
the order the court may make therein, and pay all
rent and other damages justly accruns to the party
during the tendency OF such appeal.
Sec 4. Section fourteen (4) Of said chapter
eighty four ga IL hereby amended ss follows:
Upon the taking Of such appeal, nll further pro-
ccedingsin the case shall be stayed, except in case
OF actions brought upon written lease, for the re-
ton Of the term thereof in which case the writ of
restitution shall issue the same as if no appeal
had been taken, upon the execution and filing Of II
bond by the complainant as hcrcinbeforc provided,
and the appellate court shall thereafter issue ali
needful writs and processes to carry out the pro-
visions Of this chapter according to the true intent
aud meaning thereof.
Sec 5: Section fifteen 05) of said chapter eighty
four 90 Of the general laws of 1878 is hereby
amended so Us to .ead us follows:
Ii writ OF restitution has been issued previous
10 the taking OF an appeal, as provided in this
liant certificate of the allowance Of such appeal:
except in case where Judgment has been entered in
an action brought upon a written lease to recover
possession OF the property therein described, after
the expiration Of such lease. Upon the service of
such certificate upon the officer having such writ of
further proceedings by virtue of such writ, except
in the cases us hcrenbcfore provided and If such
writ has not been pletcy executed the defendant
shall remain in the possession of the premises until
the appeal rs determined, except in where the
action il brought upon written lease to recover
lease specified.
Sec. 8. This act shall take effect and be i'll force
from and after it's passage.
Approved November 81, 1881.