Page:United States Statutes at Large Volume 31.djvu/542

490` FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. _§g°g;;{:,;$fm°“‘“ Sec. 1017. In such action it shall be sufficient to state in the complaint a description of the premises with convenient certainty, that the defendant is inpossession thereof, that he entered upon the same with force, or unlawfully holds the same with force, as the case may be, and that the plaintiff is entitled to the possession thereof. ,,,,*,§§‘,§§{‘ed_f°'· “°" Sec. 1018. Suc action, exceptas hereina ter especially provided, shall _ — be conducted in all respects as other acti.ons before commissioners. ,,,,§§,§.‘,‘§,‘·}§“,,,}{‘,;,,*,§§f' Sec. 1019. The summons shall be served and returned as in other cases; such service shall be not less than two nor more than four days before the day-of trial appointed by the commissioner. w,$g;¤g:1*;¤:tg°éwg_°' Sec. 1020. No continuance shall be granted for a longer period than I two days, unless the defendant applyin therefor shall give an under— C taking to the adverse party, with goog and sufficient security, to be approved by thecommissioner, conditioned for the payment of the . rent that may accrue if judgment be rendered against the defendant. w*1;·;§g;ig;;;_*“¤‘bY _ Sec. 1021. If the action be tried by the commissioner without a jury, and after hearing the evidence he shall conclude that the complamt is not true, he shall enter judgment against the plaintiff for costs; if he find the complaint true, or if judgment be rendered by default, he shall render a general judgmentagainst the defendant and in favor of the (plaintiif for restitution of the premises and costs of action; if he iin the complaint true in part, he shall render judgment for the restitution of suc part only, and the costs shall be taxed as _ the commissioner shall deem just and equitable. ,u],’§,j,f‘jf,QQ’,§,§“" ““d Sec. 1022; If the action be tried by a jury, and they shall iind the com(plaint true, they shall render a general verdict of guilty against the efendant; if not true, then a general verdict of not guilty; if true in part, then a verdict setting forth the facts they find; and the com- ' missioner shall render judgment according to the verdict. F°"“ °i °x°°`m°"‘ Sec. 1023. The execution, should judgment of restitution be rendered, may be in the following form: Drsrmor OF`ALASKA. To the marshal of said district: Whereas a certain action for the forcible entry and detention (or the forcible detention, as the case may be) of the following-described premises, to wit: ——, lately tried before me, wherein -——-— was plaintiff and ———— was defendant, judgment was rendered on the -—-—- day of —————, anno Domini -1-, that the plaintiii',`——-—, have restitution of said premises; and also that he recover costs in the sum of —-—. In the name of the United States you are therefore hereby commanded to cause the defendant to be forthwith removed from said premises, said glaintiif to have restitution of the same; also, that you levy of the oo s and chattels of said defendant, and make the costs aforesaid ang all accruing costs; and of this writ make legal service and due return. VVitness my hand this ———- day of i, anno Domini -—-. 7 Commissioner. Appeal by ¤·=f¤¤d- Sec. 1024. If judgment be rendered against the defendant for the °‘°t‘ restitution of the real property described in the complaint, or any part thereof, no apjileal shall be taken by the defendant from suc jud ment until he s all, in addition to the undertaking now required by iw upon appeal, give an undertaking to the adverse party, with two sureties, who shall justify in like manner as bail upon arrest, for the payment to the plaintiff of twice the rental value of the real {property of which restitution shall be adjudged from the rendition o such