Page:1862 Territory of Dakota Session Laws.pdf/309

292 unlawful detainer, as aforesaid, who shall recover against the person complained of as aforesaid, shall be entitled to recover treble damages, with costs of suit, by a civil action against the offender or offenders, to be brought before any justice of the peace or court of record, for that purpose: Provided, always, That nothing contained in the foregoing part of this act, shall be construed to extend to any person or persons, who have had quiet, peaceable, and uninterrupted occupation of any lands, tenements, or other possessions, otherwise than by devise or lease, for the period of three whole years, next before the entering of such complaint, any thing in this act to the contrary notwithstanding.

. 12. When any person shall hold over any lands, qule pokrenadion or tenements, or other possessions, after the sale thereof on execution against such person and expiration of the time for redemption, or after a sale thereof under a mortgage upon foreclosure by advertisement, or after the termination of the time for which they are demised or let to him or her, or to the person under whom he or she holds possession, or contrary to the conditions or covenants of the lease or agreement, under which he or she holds, or after any rent shall have become due, according to the term of such lease or agreement, and shall remain unpaid for the space of three years, in all such cases, if the lessor, his heirs, executors, administrators, assign, agent, or attorney, shall make demand in writing of such person or tenant holding over, that he or she shall deliver possession of the premises as aforesaid, and if such tenant or person holding over shall refuse, or neglect for the space of three days, after such demand, to quit the possession of such lands or tenements, or to pay the rent thereof, so due and unpaid as aforesaid, upon complaint thereof to any justice of the peace of the county, the justice shall proceed to hear, try, and determine the same, in the same manner as in other cases hereinbefore provided for: Provided, That in all cases mentioned in this section, the justice shall impose no fine upon such tenants or persons holding over.

. 13. The preceding section shall not extend to any person who has or shall have continued in possession three years after the termination of the time for which the premises were demised or let to him or her, or those under whom he or she claims, or after the sale thereof as aforesaid, or to any