The Chickasaw messenger. (Okolona, Miss.) 1880-1900, 1881-02-17

LANDLORD tY ka..A4T
e9gslu4ae Aca.Asr rrSANr HoLb-
iNG OVER
81 1891 j, at the ame f1-
loi4te. it eppoar that The aala gum
mens asl5l6s~lety served, aud ID
no siIhuent csual u shown to tie
'on'iaif, ihe magisl al shall there
apon issus his warrant TO The sheriff,
OF any etustable CT tue county, or
A.lg cons. able, marshal, or police
oi'ioe. Of the city or town where The
premises arc situated, commanding
''e 70 ielaove an persons from the
'aiu Premise ana to rul The said
applicant o said magistrate into iuli
possession thereof
Pc 1888 Toe person in posses
ol slch premises, or any per
sonclalmilg possession thereof, may
az or before the tune appointed IN
suen samn.0ns for shoEing cause, file
IN ahidatii with The magistrate who
issued The same, denying the facts
upon which aid summons was issued,
OF any snch facts and the matter thus
controYers2i, may be tried by the
said maga ate
SEC. lt The magistrate may, at
The requqll of either party, adjourn
Tie hearing from time to time, no one
adlournnent TO exceed ten days, ex
cepi oy consent, and may issue sub
p@nas AID attachments, TO compel
the attendance Of witnesses aud
every pesson who, being served with
such Sc p@na, shall TAI. to appear, or
appeail z, shall refuse TO testify on
oathly lching the matters aforesaid,
shall q liable to the same proceed
ings AMI penalties provided by law
10 slmilsr cases
SIC. i3l0 II the decision be in
favor ol the lessor or landlord, or
other Person claiming the posses
sion OF the premises, the magistrate
shall issue his warrant to the sheriff,
consIa1,e other officer hereinbefore
namedf commanding such officer
forthwith TO put such landlord, les
sor' olFother person, into the pos
session OF the premises, as herein
before directed and to levy the costs
Of the proceedings Of the goods and
challeis lands and tenements, Of the
tenant or person in possession Of tho
premises who shall have coatrovert
ed The right OF said landlord, lessor,
or otter person; and whenever a
warfaut shall be issued, as provided
"a lhls chapter, by any magistrate,
for hcremOval OF any tenant from
any demised premises, the contract
OF agVement, for the use Of the
premises, Il any such exist, and the
relation Of landlord and tenant be-
tween lhe parties, shall he deemed
cance4ed and annuiled: pv0U.ded,
that noibirg Ia this chapter contained
shall &c construed to impair the
rights s. any landlord or lessor OF
oi any teagnt,.in any case not herein
: pfuY.afd fer.
SEc 1871 II the decision he In
favor q tue tenant, he shall recover
his costs Of the applicant, and the
magistrate shall issue execution,
therehr.
SIC 1912 Ia case the proceed
ings is founded upon the non
payment of rent, the issuance of the
warrant for the removal OF the tenant
shall be stayed, if the person owing
said rent shall, before such war
rant be actually issued, pay the
rent due, and all the costs and
charges Of the proceedings, or give
such security as shall be satisfactory
to the said magistrate, to the person
entitled to such rent, for tue pay.
nent thereof, and costs, as aforesaid,
IN ten days and il the said rent and
costs shall not be paid accordingly,
the warrant shall then issue, as il tho
proceedings had not been stayed
she l34J The magistrate before
whom any proceedings shall be had
against a tenant holding over, shall
keep full record Of his proceedings,
ana snail carefully preserve all pro
ee and papers in the cause, and The
sauh costs shall be taxed and paid
as are allowed for similar service, in
cases Of unlawful entry aud detainer
and the right Of appeal shall exist as
in case Of unlawful entry and de
/ tainerl
| sEcs1 1914 The circuit court O
tue proper county. OF the Judge o
such court in vacation, may award a
ceri.orari, for the purpose Of exam
imug any adjudication made on any
I application hereby authorized npor
such certiorari, the circuit court sha
have power to examine into the cor
rectness Of all the decisions of th,
officer before whom the proceed
lings we're had, upon questions Of Law
only; and also to require the return
Of such parts of the proceedings al
are material to an examination o
such questions upon their merits
Whenever such proceedings, brough
before the circuit court by certiOrari
shall be reversed or quashed, th'
court may make restitution TO thl
party injured, With costs, and max
/ such orders and rules, and issue sucl
/ process, as may be necessary to carr
/ It's judgment into effect; and IL tn
proceedings shall he reversed o.
quashed, the tenant o. lessee MAJ
recover against the pcrsoa making
application for such removal, an
damages he may have sustained, b.
reason Of such proceedings, wit
costs, In aa action.
Forms IN ATTACHMENT FOR RENT.
/ AFFIDAVIT FOR ATTACHMENT FOR RENl
SEC 134j STATE on MIssIssIPri
IADAMs CouNrY Before me, a ndre'
Sims. a justice Of the peace Of th
county aforesaid, Addison Norto