Page:United States Statutes at Large Volume 47 Part 1.djvu/1038

 1014 72d CONGRESS .' SESS. II. CH. 127. FEBRUARY 27, 1933 . manne r as above prov ided, and the s ame p rocee dings must ther eupon be had. Discharge final. SEC. 612 . DISC HARGE FINAL .--The prisoner, aft er being so dis- cha rg ed, is forever exe mp ted f rom arrest or imprisonment for the sa me debt, unless he be convicted of having willfully sworn falsely' up on his examination before the judge, or in taking the oath before prescribed. ia~fu ,ent to remain SEC. 613 . JUDGMENT REMAINS IN FORCE .-The judgment against any prisoner who is dis ch arg ed re ma ins in full force ag ain st any estate which may th en or at any ti me afterward belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had n ever been committed. Dischargeorderedby SEC. 614. PLAINTIFF MAY ORDER DISCHARGE OF PRISONER, WHO SHALL plaintiff. NOT T HEREA FTER BE LI ABLE TO IM PRISO NMENT FOR THE S AME C AUSE OF ACTION .-The plaintiff in the action may at any ti me order the prisoner to be discharged, and he is not thereafter liable to imprison- ment for the sa me ca use of action. Plaintiff to advance SEC. 615. PLAINTIFF TO ADVANCE FUNDS FOR SUPPORT or PRISONER. funds for support of prisoner. Whenever a person is committed to jail on an execution issued on a judgm ent r ecove red in a c ivil actio n, the cre ditor , his agen t, or attorney must advance to the jailer, on such commitment, sufficient money for the support of the prisoner for one week, and must make the like advance for every successive week of his imprisonment ; and in case of failure to do so, the jailer must forthwith discharge such pri so ner f rom custody, and such discharge has the sam e effect as if made by order of the creditor. Sum ma ry proceed- SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION OF REA L PRO PE RTY ings, possession of real property. IN CERTAIN CASES CROSS REFERENCE Vol. 42, p. 1004 . Magistrates' courts to have exclusive original Jurisdiction of all actions for U.S.C.,p . 1641. the forcible entry and detainer of re al estate, see section 7 of the Panama Canal Act. $~ Forcible eentry,"de SEC. 616. FOR CIB LE ENTRY DEFINED .-Every person is guilty of a forcible entry who either- 1. By breaking ope n doors, windows, or other par ts of a house, or by any kind of violence or circumstance of terror enters upon or in to any real property ; or 2. Wo, after entering peaceabl up on re al property, turns out by force, threats, or menacing conduct, the party in possession . "Forcible detainer ." SEC . 617 . FORCIBLE DETAINER DEFINED .-Every person is guilty of 'a forcible detainer who either- 1. By force, or by menaces and threats of violence, unl aw ful ly hol ds and kee ps the pos se ssi on of any real property, whether the same was acquired peaceably or otherwise 2. Wh o, in the nighttime, or during the absence .of the occup ant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of fi ve days, ref us es to surrender the sam e to su ch former occupant. The occ up ant of real property, within the me ani ng of t his s ub- division, is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands. Unlawfuldetainer ." SEC. 618 . UNLAWFUL DETAINER DEFINED .--A tenant of real prop- erty, for a term le ss th an life, is guilty of unlawful detainer By holding after ter- 1. When he continues in possession, in person or by subtenant, urination of lease . of the property, or any part thereof, after the expiration of the
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