Page:United States Statutes at Large Volume 47 Part 1.djvu/1040

 1016 72d CONGRESS. SESS. II. CH. 127. FE BRU ARY 27, 1933 . defendant in the proceeding, nor shall any proceeding abate, nor the plaintiff be nonsuited for the nonjoinder of any person who might have bee n made party defendant, but when it appears that any of the parties served with process, or appearing in the proceeding, are guilty of the offense charged, judgment must be rendered against him. In case a defendant has become a subtenant of the premises in controversy after the service of the notice provided for by part two of section 618 upon the tenant of the premises, the fact that such notice was not served on each subtenant shall constitute no defense to the action. Mauled Woman. In case a married woman be a tenant, or a subtenant, her coverture shall constitute no defense ; but in case her husband be not joined, or unless she be doing business as a sole trader, an execution issued upon a personal judgment against her can only be enforced against prop- erty on the premises at the commencement of the action. der Persn entering un- All persons who enter the premises under the tenant, after the commencement of the suit, shall be bound by the judgment, the Ante, pp. 919-923, to same as if he or they had been made party to the action. govern. SEC. 621. PARTIES GENERALLY .-Except as provided in the preced- ing section, the provisions of sections 86 to 110, relating to parties to Verification of com- civil actions, are applicable to this proceeding plaint. SEC. 622. COMPLAINT MUST BE VERIFIED : The plaintiff in his com- plaint, which shall be verified, must set forth the facts on which he seeks to recover, and describe the premises with reasonable certainty, and may set. forth therein any circumstances of fraud, force, or violence, whch =may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor. In case the unlawful detainer charged is after default in the payment of rent, the complaint must state the amount of such rent. Upon Summons, form and filing the complaint, a summons must be issued thereon. service. SEC. 623. SUMMONS, FORM AND SERVICE or .-The summons mu st require the defendant to appear and answer within three days after the service of the summons upon hi m, and must notify him that if he fails to so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint. In all other res cts the summons, or any alias summons in such proceedings, must ~re issued and served, and returned in the same manner as summons in a civil action. Arrest. SEC. 624. ARREST.-If the complaint presented establishes, to the satisfaction of the magistrate, fraud, force, or violence, in the entry or de taine r, and that the posse ssion held is un lawful, he may m ake an order for the arrest of the defendant. Judgme nt by de. SEC. 625. JUDGMENT BY DEFAULT .-If, at the time appointed, the defendant do not appear and defend, the court must enter his default and render judgment in favor of the plaintiff as prayed for in the complaint. fe Appearance of de- SEC. 626. DEFENDANT MAY A PPE AR, AND SO FORTH : On or b efore the day fixed for his appearance, the defendant may app ear and answer or demur. Proof of charge of SEC. 627. SHOWING REQUIRED OF PLAINTIFF IN FORCIBLE ENTRY OR forcible entr y or de- n DETA INER ; OF DElBNDANT .-On the tria l of any pro ceed ing for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer com- plained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time Defense. of the forcible detainer. The defendant may show in his defense that he or his ancestors, or tho se whose interes t in suc h premis es he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceed-