Page:United States Statutes at Large Volume 31.djvu/1435

FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1383 nation of the tenanc , and, when the tenant has given the notice, for double rent from tile termination of the tenancy to the verdict, or judgment, if the trial be by the court, for possession and for damages for waste: Provided, That in such action before ajustice of the peace _,Q'g'§,‘§°j,_,,0,,, ,, jug the amount so claimed shall be within his jurisdiction. If judgment tice gfrhe peace. for lpossession be rendered in favor of the plaintiff, he shall be entitled Ju gmem at the same time, to a judgment for said arrears of rent, and for said double rent, as the case may be, to the date of the verdict or judgment as aforesaid, and for damages for waste. j Sec. 1227. CONSOLIDATION or Ao·r1oNs.—If actions be brou ht sepa- M§g{_j§¤d¤“°¤ °f rately, either in said supreme court or before a justice of the peace, ` for arrears of rent and for the possession, they may be afterwards consolidated and one judgment rendered in them for the possession and also for the rent. s Sec. 1228. PLEA or ·r1TLE.—If, in such action to recover possession P1€¤°f°m¢· before a justice of the peace, the defendant shall plead a title in himself or in some person under whom he claims, not derived from the plaintiff, the further proceeding therein shall be as directed in said subchapter one of chapter one aforesaid. Sec. 1229. Linn ron nEN*r.——'I`he landlord shall have a tacit lien for ¤€¤f¤* Mthis rent upon such of the tenant’s personal chattels, on the premises, as are subject to execution for debt, to commence with the tenancy and continue for three months after the rent is due and until the termination of any action for such rent brought within said three months. I Sec. 1230. How ENFORoED.—The said lien may be enforced— ··h°W °¤*°*°°d· First. By attachment, to be issued u on aflidavit that the rent is due and unpaid; or, if it be not due, that the defendant is about to remove or sell some part of said chattels. , Second. By judgment against the tenant and execution, to be levied on szgid chatte s, or any of them, in whosesoever hands they may be foun . Third. By action against any purchaser of said chattels, with notice of the lien, in which action the plaintiff may have judgment for the value of the chattels purchased by the defendant not exceeding the rent in arrear. Sec. 1231. How ATTACHMENT ENFORCED.—·-SHCI} attachment may be euijigrvged ¤¤¤¢bm<=¤t issued in any action for the recovery of the possession of the leased ' premises by the landlord, in which the rent in arrear, or double rent, or both, shall be claimed as aforesaid, and it shall be lawful for any officer to whom the writ of attachment shall be delivered to be executed to break open an outer or inner door when necessary to the execution of the same. ' Sec. 1232. APPEAL.—EIbh€1‘ party against whom judgment is ren- APW]- dered by a justice of the peace, in the action aforesaid by the landlord to recover possession of the leased premises, may appeal from such judgment, and such appeal shall. be tried in the supreme court in the same manner in which appeals from justices of the peace are taken and tried in other cases. Sec. 1233; UNDERTAKING ON ArrnAL.—In case of an appeal by the cEj¤<i¢¤¤ki¤g ¤¤ ¤i> defendant his undertaking, in order to operate as a supersedeas, shall P ' be an undertaking to abide by and pay the judgment rendered by the ` justice of the peace, if it shall be affirmed, together with the costs of the appeal, and to pay all intervening damages to the leased property and compensation for the use and occupation thereof, from the date of the judgment appealed from to the date of its aiiirmance; and in said undertaking the said defendant and his sureties, the latter submittingthemselves to the jurisdiction of the court, shall agree that if the judgment be affirmed judgment may be rendered against them by the appellate court for the amount of the judgment so aflirmed and the intervening damages, compensation, and costs aforesaid.