Birmingham state herald., 1897-02-26
.ALABAMR,S' PUBLIC LAWS,
No. 49S. AN ACT
S. IA.

No. 49S. AN ACT s. 444 To provide for the removal of suits of
 unlawful -detainer and forcible entry
 and detainer from the courts of the
 justice of the peace and other officers
 to the circuit court and to prescribe
 rules of practice and evidence in such
 eases ingthe circuit court.
 Section 1. Be it enacted by the general assembly of Alabama, That any defend- ant in suit for forcible entry and de- tainer or unlawful entry and detainer may remove such action from the justice of the peace or other officer before whom the same is brought to the circuit court of the county in which the real estate sued for is situated in the following manner: The defendant desiring to re- move such case Shall at any time before the judgment is rendered against him by the justieeor other officer before whom the same is brought, file a sworn petition to the judge of probate of the county in which tine suit is commenced, or any judge of the circuit court, or judge Of the city court or Chancellor in the state, such petition to contain the following state ments: The fact that such suit Is pend ing before a Justice of the peace or other officer, the name of the plaintiff, with description of the property sued for, the name and title of the officer before whom thes suit is pending, the county and precinct of the justice, and also stat ing that the defendant entered on tho land sued for peaceably and made claim of titles thereto and not under claim of any agreement contract or understand ing with the plaintiff, or those under whom he claims, and that petitioner bona ide desires to contest with plaintiff the title to said land, and asking that such suit be removed from before jus tice or ether officer to the circuit court of the county in which such lands are sit uated.
 Sec. 2. Be it further enacted. That upon the presentation of a verified peti- tion as provided for in the foregoing section to any judge CT chancellor, as above set forth. 1t shall be the duty Of the judge or chancellor to forthwith en- dorse thereon an order directing to the clerk of the circuit court of the county in which such land lies, commanding him, on petitioner entering into bond in an amount to be fixed by such judge or chancellor in such order, payable to the plaintiff in such suit with surety to be approved by said clerk and conditioned to pay all costs of suit, and all damages which may be assessed in the circuit court against the defendant for the rent, or for the use and occupation of said lands, and all ether damages which may be assessed against the defendant in the event the plaintiff should recover in the said cause to issue a writ directed to such justice or other officer before whom such suit is pending, commanding him to certify all the papers and proceedings in such case to the circuit court of said county. That the justice of the peace or other officer to whom such writ is is- sued shall at once on the service thereof certify and transmit all the papers and proceedings in said case to said circuit court.
 Sec. 3. Be it further enacted, That on the trial of all cases removed under the provisions of this act to the circuit court, the plaintiff must recover on the strength of his legal title as in statutory action in the nature of actions of ejectment, un- less he can prove that the defendant, or those under whom he claims entered on said lands under some contract or agree ment between plaintiff. or those under whom he claimed or by the use of force isl which latter case, no inquiry can be had as to the respective strength of the legal title of the plaintiff or defendant. That on the trial of such cases in the circuit court evidence may be introduced to the rental value of the land sued for during the detention, and should the jury find for the plaintiff they will assess his damages and judgment shall be render ed accordingly. That writs of possession, and fieri facias, shall issue on such judg ment as in cases of judgment in statu- tory real actions, and should the same h0 lSIuiAeu 4No PioPeily LCuhN, etS eo damages and costs assessed against the defendant, execution may at once issue against the sureties, provided for by the second section of this act for all such damages and costs.
 Sec. f. Be it further enacted, That all laws and parts of laws in conflict with this act be and the same are hereby re- pealed.
 Approved Feb. 16 1S97 r
 Official: J. K. JACKSON.
 Secretary of State.