Page:United States Statutes at Large Volume 31.djvu/1245

 E1ErY-sixTH CONGRESS. sSSS. II. cs. 854. 1901. 1193 he make default after personal service, the laintiif’s dama es shall be the full value of the goods, not to exceed) three hundred dollars, if eloigned by the defendant, and damages for the detention thereof, and juggment shall be given accordingly. Ec. 19. JUDGMENT Fon DEEENDANT.—If the issue be found for the ,€gg*;g*g*€‘*° ‘°’ ds defendant, or the plaintiff shall dismiss or fail to prosecute his suit, ` the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant, with damages for their detention, or, on failure, that the defendant recover from the plaintiff and his surety the damages sustained by him, to be assessed by the justice. Sec. 20. FOROIBLE ENTRY AND DETAINER.·—·Wh€D€\’€1` any person dwcibw ¤¤¤>· ¤¤¤ shall forcibly enter and detain any building or inclosed real property, 8 mem or shall unlawfully, but without force, enter and unlawfully and forcibly detain the same, or whenever any tenant shall unlawfully detain possession of the property leased to him, after his tenancy therein as expired, or any mortgagor or grantor in a mortgage or deed of trust to secure a debt, shall unlawfully detain the possession of the real property conveyed, after a sale thereof under such deed of trust or a foreclosure of the mort age, or any person claiming under such mortgagor or grantor, after tie date of the mortgage or deed of trust, shall so detain the same, or a judgment debtor or any person claiming under him, since the date of the judgment, shall so detain possession of real property, after a sale thereof under an execution issued on such judgment, it shall be lawful for any justice of the peace, on complaint under oath by the plerson aggrieved by said unlawful detention, to —iS¤¤¢ <>f¤¤¤¤m<>¤¤· issue a summons to the party complained of to appear and show cause why judgment should not be given against him for the restitution of the possession. Sec. 21. SUMMoNs.—The summons shall be served seven days, —S‘¢¤’i¢<*·€*¤- exclusive of Sundays and legal holidays, before the day fixed for the trial of the action. If the defendant has left the District of Columbia, or can not be found, said summons may be served. by delivering a copy thereof to the tenant, or by leaving the same with some person above the age of sixteen years residing on or in possession of the premises sought to be recovered, and if no one be in actual possession of said premises, or residing thereon, by posting a copy of said summons on the premises where it may be conveniently read. Sec. 22. JUDGMENT.——If upon the trial it appears that the plaintiff Judgmeut is entitled to the possession of the premises, judgment and execution for the possession shall be awarded in his favor, with_ costs; if the plaintiff becomes nonsuit or fails to prove his right to the possession, the defendant shall have judgment and execution for his costs. Sec. 23. PLEA OF T1TLE.—If upon the trial the defendant pleads 1**0* umtitle to the premises, in himself or in another under whom he claims, setting forth the nature of said title, under oath, and shall enter into an undertaking, with sufficient surety, to be approved by the justice, to pay all intervening damages and costs and reasonable intervening rent for the premises, the justice shall certify the proceedings to the supreme court of the District of Columbia, and the same shall be further continued in said court according to its rules. Sec. 24. JUDGMENT NoT A EAa.—A judgment, either before the J¤dgm¤¤*r¤<·¤ib¤r· justice or in the supreme court, upon apxpeaii in this proceeding, shall not be a bar to any after action broug t by either party or conclude any question of title between them, where title is not pleaded by the defendant as aforesaid. Sec. 25. W1TNEssEs.—-Justices of the peace shall have power to Wim€*'S€S· compel the attendance of witnesses from any part of the District of Columbia by attachment and to punish them for disobedience, as well as to punish anyone for disorder orccontempt committed in their presence, gy fine not exceeding ten dollars or imprisonment not exceeding ten ays.