Chapter CCXLIII. to regulate Proceedings in Cases between Landlord and Tenants in the District of Columbia
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Chap. CCXLIII.— An Act to regulate Proceedings in Cases between Landlord and Tenants in the District of Columbia.July 4, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatTenancy at will and by sufferance; a tenancy at will shall not arise or be created without an express contract or letting to that effect, and that all occupation, possession, or holding of any messuage or real estate without express contract or lease, or by such contract or lease the terms of which have expired, shall be deemed and held to be tenancies by sufferance; and all estates at will and sufferance may be determined by a notice, in writing, to quit, of thirty days, delivered to the tenant in hand,may be determined by what notice, and how served. or to some person of proper age upon the premises, or in the absence of such tenant or person, then such notice may be served by affixing the same to a conspicuous part of the premises, where it may be conveniently read.
The attornment of a tenant to a stranger shall be void, and shall not affect the rights of the landlord, unless it be made with the consent, express or implied, of the landlord: *Provided,* That no part of this section other than that which relates to attornment of a tenant to a stranger shall apply to contracts made, or to any tenancy existing prior to the passage of this act, except in cases of waste, or refusal to pay rent. Sec. 2. *And be it further enacted,* ThatIn cases of forcible entry, or detainer, &c. when forcible entry is made, or when a peaceable entry is made and the possession unlawfully held by force, or when possession is held without right, after the estate is determined by the terms of the lease by its own limitation, or by notice to quit, or otherwise, on written complaint on oath of the person entitled to the384THIRTY-EIGHTH CONGRESS.
Sess. I. Ch. 243, 244. 1864. premises,Summons to issue, &c. to a justice of the peace, charging a forcible entry or detainer of real estate as aforesaid, a summons may be issued to a proper officer, commanding the person complained of to appear and show cause why judgment should not be rendered against him, which shall be served like other writs of summons at least seven days before his appearance. If it appears by default or upon trial that the complainant is entitled to the possession of the premises, he shall have judgment and execution for the possession and costs; if the complainant becomes nonsuit and fails to prove his right to possession, the defendant shall have judgment and execution for his costs.
Sec. 3. *And be it further enacted,* ThatProceedings if at trial defendant pleads title. if, upon trial, defendant pleads title to the premises in himself, or in another person under whom he claims the premises, he shall recognize in a reasonable sum to the complainant, to be fixed by said justice, with sufficient sureties, conditioned to pay all intervening damages and costs and reasonable intervening rent for the premises; and the complainant shall in like manner recognize to the defendant conditioned to enter the suit at the next term of the supreme court of the district, and pay all costs adjudged against him; and thereupon the proceedings shall be certified to said court by the justice.
If either party neglects so to recognize, judgment shall be rendered against him as on nonsuit or default, and execution shall issue accordingly as aforesaid. Sec. 4. *And be it further enacted,* ThatAppeals, and how tried.If defendant appeals, in addition to other bail, he must recognize to pay intervening damages. either party against which judgment is rendered by a justice of the peace, may appeal from such judgment to the supreme court of the District of Columbia, in the same maimer as appeals are taken to the said court in other cases; but in case of an appeal by a defendant, he shall, in addition to the bail required in other cases, recognize in a reasonable sum to the complainant, to be fixed by said justice, with sufficient sureties, conditioned to pay all intervening damages to the leased property resulting from waste and intervening rent for the premises; and such appeals shall be tried in the same manner and further proceedings had therein according to the practice in appeals in other cases in said court.
Sec. 5. *And be it further enacted,* ThatDamages for complainant, if, &c. on the trial of said suit in the supreme court of the district, if the jury find for complainant, they shall assess the damages and intervening rent; and in case of default the same shall be assessed by the court. Sec. 6. *And be it further enacted,* ThatFees of justice and officer. the fees of the justice issuing the process, and hearing the issue, and making up the record, and certifying the same, and the officer for serving the process, shall be those allowed in civil causes.
Sec. 7. *And be it further enacted,* ThatRepeal of inconsistent acts. all acts and parts of acts inconsistent with this act are hereby repealed. Approved, July 4, 1864.