Process upon complaint. Summons. Execution of warrant. Pleading to complaint. Powers of officer issuing warrant. Trial by jury. Judgment on conviction. Precept and execution. Judgment for defendant. SEC. 4. Upon receiving such complaint, the officer to whom the same is delivered, shall issue his warrant, directed to the sheriff or any constable of the same county, commanding him to apprehend the person named in such complaint, and to bring him forthwith before such officer, to answer such complaint; or such officer may, at the option of the plaintiff, issue summons against the defendant, as hereinafter provided, in cases of tenants holding over after the expiration of their term, and the same proceedings may be thereupon had as in case of a tenant holding over after the expiration of his lease. SEC. 5. The sheriff or constable to whom any such warrant shall be delivered, shall execute the same by arresting the defendant, and bringing him forthwith before the officer issuing such warrant, and shall thereupon notify the plaintiff of such arrest. SEC. 6. Upon the defendant being brought before such officer on such warrant, he may plead not guilty to the complaint, or if he neglect or refuse to plead thereto, such officer shall enter such plea for him. SEC. 7. On such issue being joined, the officer issuing the warrant shall possess all the power necessary for the trial and determination thereof, and shall proceed to hear and determine the same; and for that purpose may issue subpoenas for witnesses, and compel their attendance in like manner as justices of the peace are authorized to do in cases within their jurisdiction. SEC. 8. If, before proceeding to the trial of such issue, either the plaintiff or the defendant shall request that the same be tried by a jury, such jury shall be selected and summoned, and the same proceedings shall be had in all respects as upon the trial of a cause by a jury in a justice's court. except that the sheriff, if present, may perform the same duties in the selecting, summoning, and keeping of the jury in such case, as constables are authorized to perform in cases in justices' courts, and the venire shall be directed to the sheriff or any constable of the county. SEC. 9. If such defendant shall be convicted upon a trial before such officer, or by the verdict of such jury, or upon a plea of guilty to such complaint, the officer who issued the warrant shall thereupon enter a judgment that the plaintiff have restitution of the premises; and shall tax the costs and expenses for the plaintiff. SEC. 10. The court shall thereupon issue a precept, commanding the sheriff or any constable of the county, to cause the plaintiff to be restored and put into full possession of the said premises; and shall also, in the same precept, or in a separate execution, direct the costs and expenses so taxed to be levied and collected of the defendant, in the same manner as costs are or may be collected on judgments before justices of the peace, in personal actions. SEC. 11. If the plaintiff shall fail to prosecute his complaint, or if on such trial the defendant shall be found not guilty, judgment shall be rendered for the defendant for his costs, which shall be taxed and collected of the plaintiff, in the same manner hereinbefore provided for the collection of costs in favor of a plaintiff recovering judgment. Summary Proceedings to Recover the Possession of Land in recovered. SEC. 12. The person entitled to any premises may recover How premises possession thereof in the manner hereinafter provided, in the following cases: 1. When any person shall hold over any lands or tenements, after the time for which they are demised or let to him, or to the person under whom he holds, or contrary to the conditions or convenants of any executory contract for the purchase of lands or tenements, or any lease or agreement under which he holds, or where rent shall have become due on any such lease or agreement, and demand of the rent or possession of the premises is waived therein, in writing, and not included in the printed form of the lease or agreement; 2. When any rent shall have become due, on any such lease or agreement, and the tenant or person in possession shall have neglected or refused for seven days after demand of the possession of the premises, unless waived as aforesaid, made in writing, to deliver up possession of the premises or pay the rent so due; 3. When any person shall continue in possession of any premises sold by virtue of any mortgage or execution, after the expiration of the time limited by law for the redemption of such premises, or when any heir or devisee shall continue in possession of any premises sold and conveyed by any executor or administrator under license from the probate court or under authority in the will, to pay the debts of the deceased testator or intestate; 4. When any tenant at will or by suffrance shall hold over, after the determination of his estate, by a notice to quit, as provided by law. SEC. 13. In the cases specified in the preceding section, the Complaint. person or persons entitled to the possession of the premises, his or their agent or attorney, may make complaint in writing and on oath, and deliver the same to a circuit court commissioner, or to a justice of the peace, when he shall have jurisdiction under this chapter, setting forth that the person complained of, is in possession of the lands or tenements in question, describing them, and that such person holds the same unlawfully, and against the rights of the plaintiff. SEC. 14. Upon receiving such complaint, the officer to Summons. whom the same is delivered shall issue a summons directed to the sheriff, or any constable of the same county, commanding him to summon the defendant to be and appear before such officer, at a time and place therein to be specified, Service. Defendant's plea. Proviso, amount due. Adjournment. Hearing. Judgment. Adjournments. not less than three nor more than six days from the issuing thereof, to answer such complaint. SEC. 15. The officer to whom such summons shall be delivered shall serve the same at least two days before the time of appearance mentioned therein, by delivering to the defendant, if to be found within the county, a copy thereof, but if the defendant shall not be found it shall be served by leaving such copy at the usual place of abode of such defendant, in the presence of some person of suitable age who shall be informed of its contents. SEC. 16. Upon the return of such summons, if the same be returned duly served, and the defendant appears, such defendant may plead not guilty to the complaint, or if he neglect or refuse to plead thereto, such officer shall enter such plea for him, and such issue shall be tried and judgment shall be rendered, and the same proceedings shall be had thereon in all respects, and the costs shall be taxed and collected in the same manner as in cases of forcible entry or detainer, and with the like effect: Provided, That if it is claimed either upon the trial before such officer, or upon the trial of any appeal to the circuit court, that the plaintiff is entitled to the possession of said premises, in consequence of the nonpayment of any sum of money due, either as rent or as a part or portion of the purchase money of premises, under a contract in writing for the purchase thereof, such officer, or the court, or the jury, if the case is tried by a jury, shall, in addition, ascertain and determine the amount due the said plaintiff, and such amount shall be stated in said judgment. SEC. 17. If the defendant fail to appear on the return of such summons, and the same be returned duly served, the officer issuing such summons may, in his discretion, adjourn the hearing, not more than six days from the return of such summons, and on the day to which the hearing shall be adjourned, if the defendant appear, the same proceedings shall be had as if he had appeared at the return of the summons. SEC. 18. If the defendant fail to appear on the return of the summons, and there be no adjournment, or if the defendant fail to appear on the day to which the hearing may be adjourned, the officer shall note such failure in the minutes of his proceedings, and proceed to hear the complaint, and to inquire into the truth thereof; and if such officer shall be satisfied that such complaint is true, and that the plaintiff is entitled to restitution of the premises, he shall render judgment accordingly, and tax the costs for the plaintiff, and issue a writ of restitution, and process for the collection of the costs, as in other cases, and with the like effect. General Provisions. SEC. 19. After an issue shall be joined upon any complaint in pursuance of the provisions of this chapter, the hearing may be adjourned from time to time, as may be neces sary, upon sufficient cause being shown, not exceeding thirty days in all. defendant SEC. 20. If such hearing be adjourned on the application When of a defendant, proceeded against by warrant for a forcible to remain entry, or forcible detainer, and the plaintiff shall not consent in custody. thereto, such defendant shall continue, during the time of the adjournment, in the custody of the sheriff or constable, unless he shall give bond to the plaintiff, in the penal sum Bond for of fifty dollars, with sufficient surety to be approved by the release. officer issuing the warrant, conditioned to pay all such costs as shall be awarded against him in such cause. powers SEC. 21. The officer before whom any proceedings shall General be had for recovering the possession of lands in pursuance of officer. of this chapter, shall possess all the necessary powers for issuing subpoenas, and compelling the attendance of witnesses, and enforcing obedience to all orders and process lawfully made or issued by him. non-appear or witness. SEC. 22. Every person summoned as a juror or subpoenaed Penalty for as a witness, who shall not appear, or appearing shall refuse ance of juror to serve or testify in any cause prosecuted by virtue of this chapter, shall forfeit and pay for every such refusal, unless some reasonable excuse be shown, such fine, not exceeding ten dollars, as the officer before whom the proceedings are instituted shall think proper to impose; and such officer is authorized and required to issue an execution for the collection thereof, directed to the sheriff or any constable of the county, in the same manner and with the like effect, as justices of the peace are authorized to do in cases of similar fines imposed by them. double SEC. 23. The plaintiff obtaining restitution of any prem- Recovery of ises under the provisions of this chapter, shall be entitled to damages an action of trespass on the case against the defendant, and by plaintiff. may recover double damages from the time of the forcible entry, or forcible detainer, or of the notice to quit, or demand of possession, as the case may be. circuit court. SEC. 24. Either party conceiving himself aggrieved by the Appeal to determination or judgment of the commissioner, or other officer, made or rendered under the provisions of this chapter, may appeal therefrom to the circuit court for the same county, within the same time, in the same manner, and return may be compelled, and the same proceedings shall be thereon had, as near as may be, and with the like effect, as in cases of appeals from judgments rendered before justices of the peace, and costs shall be awarded and collected in the circuit court in the same manner; and if such appeal is taken Appeal bond by the defendant the appeal bond shall be in a penalty to be fixed by the officer taking the same, not less than double the amount of the annual rental value of the premises in dispute, to be determined by the commissioner, and shall be executed by two or more sufficient sureties, and shall also in addition to the usual conditions of an appeal bond contain a further condition, that if the plaintiff obtain restitution of of defendant. When writ of Execution for costs. Writ of possession. Certiorari. Bond to be said premiums in said suit, the said defendant will forthwith pay all rent due or to become due the plaintiff for the premises described in the complaint, or the rental value thereof, up to the time said plaintiff shall obtain possession thereof, to gether with costs of suit in prosecuting said complaint and obtaining restitution of said premises, and if the plaintiff obtain restitution of said premises he may, at his election, sue and recover on said bond, or bring his action against the defendant, under section twenty-three of this chapter. SEC. 25. No writ of restitution shall be issued under the provisions of this chapter, until the expiration of five days after the entry of judgment of restitution; and in case of an appeal within that time, no writ of restitution shall issue until such appeal be determined in the circuit court; and in case it is found that the plaintiff is entitled to the possesssion of the premises, in consequence of the nonpayment of a sum of money, no writ of restitution shall issue, if the defendant shall, within five days after final judgment, pay the amount so found due, and the amount of costs awarded to the said plaintiff. SEC. 26. If upon the trial of an appeal in the circuit court, judgment be rendered in favor of either party for costs, the circuit court may issue execution for such costs, and if the plaintiff shall recover judgment of restitution of the premises in question, or any part thereof, the circuit court may issue a writ of possession in favor of the plaintiff, in accordance with such judgment of restitution, which writ of possession may be issued to the sheriff or other proper officer of any county of this State in which the premises recovered are situated, in all such cases where such judgment shall have been or may hereafter be rendered. SEC. 27. In all cases of judgment rendered in any cause under the provisions of this chapter, either party may remove such judgment by writ of certiorari, into the circuit court for the county in which the judgment was rendered, within the same time and in the same manner, and a return may be compelled, and the same proceedings shall be thereupon had, as near as may be, as in cases of a certiorari to a justice of the peace. SEC. 28. After the rendition of judgment against the defendant in any suit under the provisions of this chapter, no certiorari shall be allowed, unless he shall make and execute to the plaintiff a bond, the penalty to be fixed by the officer allowing the certiorari, not less than double the amount of the annual rental value of the premises in dispute, to be determined by the commissioner, with good and sufficient sureties, who shall justify, and also be approved by said officer, conditioned that if the plaintiff obtain restitution of said premises in said suit, the said defendant will forthwith pay all the rent due, or to become due the plaintiff, or the rental value thereof up to the time said plaintiff shall obtain possession thereof, together with costs of suit in prosecut |