Page:United States Statutes at Large Volume 31.djvu/543

FIFTY-SIXTH LONGRESS. Sess. I. Ch. 786. 1900. 491 jnpélgmcept until final gudgment in the action,. if such judgment shall be a rm u n a . Sec. wg? Tlilgfgllowing shall be deemed cases of unlawful holding b llglzgggatggggg by force within the meaning of this chapte1·: nine. ’ First. When the tenant or person in possession of any premises shall fail or refuse to pay any rent due on the lease or agreement undpiiéwhiqh hedholdsa or depliver up the tpossesion of the premises for ten ys a_ter eman ma e in writin or suc ossession; Second. When, after a notice to qgit as prodided in this chapter, any person shall continue in the possession of any premises at the expiration of the time limited in the lease or agreement under which such pmerson holds, or qontrary to any condlitior; or covenant thereof, or wit out any written ease or agreement there or. Sec. 1026. A notice to quit must be in writing and must be served b€§<;Q$<;i*g ¤{¤ge;¤;yg; pppn tha tenant or person inf possession byil beipg delivered to him or or. ng' e at the remises in case o is a sence there rom. - Sec. 102% An action for the recovery of the possession of the prem- 1 N¤=i¤¤r2>eg¤i{;e*;gW ises may be maintained in the cases specified in subdivision second of azidnsdrougnz. rc section one thousand and twenty-five when the notice to quit has been served upon the tenant or person in possession for the period of ten days before the commencement thereof, unless the leasing or occupation is for the purpose of farming or agriculture, in which case such notice ipustlpe served for the period of ninety days before commencement o suc action. . - Sec. 1028. The service of a notice to quit upon a tenant or person mg‘j}Qg{}w$,°¤b’},‘}*0}’g in possession does not authorize an action to be maintained against expiration or period him for the possession of the premises before the e iration of an f°' ‘"“°h ’°""’°m‘ period for whéch such tenant or person may have paidzlzhe rent of such rem1ses in a vance. . - P Sec. 1029. When the leasing or occupation is for the pur ose of be§;Qg¤,e:g8W’¥gx fjgg farming or agriculture, the tenant or person in possession shall: after mmm may culgvaté the termination of such lease or occupancy, have free access to the ““° b“"°“‘ premises to cultivate and harvest or gather any crop or produce of the soil planted or sown by him before the service of notice to uit. Sec. 1030. In an action to recover the possession of any-laniii, ten- b€M§;*€”;ggn‘;§°,';°';';j ement, or other real fproperty, where the entry is forcible or when tion; limimicn ofacthe possession thereo is unlawfully held by force, the merits of the m"' title shall not bein uired into, and three years’ quiet possession of the premises immediatgly preceding the commencement of such action by the (party in possession, or those under whom he holds, may be plea (pdl in bar thereof, unless the estate of such party in the premises 1S en e . .7 Sec. 1031. In any. action to recover the possession of real proper , Notice *0 *1** i¤ as provided in chapter thirty-two of the Code of Civil Proceduig, iiziiiiiiiiiiiiighhiide °f notice to quit, when necessary, may be given as prescribed in this chapter, and nothing in this c apter shall be construed so as to prevent such action being maintained for the recovery of the possession gf 1ileil1_propepty,faht oggh gh? entry of the defendant be orcible or is o in un aw u an wit orce. Sec. 10§2. That wherever the word "precinct" occurs in this Act P’°°i¤°*d°“”°d· it shall be construed to mean the neighborhood in which the commissioner resides, as designated in the order of his appointment, unless where the court by special order, duly made and entered, definitely prescribes the limits of the precinct. `in