Page:United States Statutes at Large Volume 47 Part 1.djvu/1041

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 1017 in gs, and tha t his interest th erein is not then ended or determ ined and su ch showing is a bar to the proceedings. SEC. 628. COMPLAINT MUST BE AMENDED IN CERTAIN CASES ; CONTIN- Amendment of com- UANCE.-When, upon the tri al of any p roce edin g un der thi s su b- p lain t, C ont inua nces . chap ter , it app ears fro m the e vide nce that the de fend ant has bee n gui lty of either a for cibl e en try or a fo rcib le or un lawf ul detainer, and other than the offense charged in the complaint, the magistrate must or der that suc h c ompl aint be for thwi th a mend ed to c onfo rm to such proofs ; such amendment must be made wi thout any impos i- tion of terms. No continuance shall be permitted upon account of such am endm ent unle ss the defe ndan t, by af fid avit filed. shows to the satisfaction of the court good cause therefor. SEC. 629. JUDGMENT, WHAT IT SHALL DECLARE .-If upon the trial t1ndfcaant, declare the find ing of the cour t be in fav or of the pl aint iff and aga inst the defe ndan t, judg ment sha ll be en ter ed for the r esti tuti on of the p rem- ises ; and if the proceedings be for an unlawful det ainer after negl ect or f ail ure to p erfo rm the cond itio ns or co ven ants of the lea se or agreement under which the property is held, or after default in the payment of ren t, the judgment shall also decl are the forfeitu re of such lease or agreement. ASSESSMENT OF DAMAGES .-The court shall al so assess the damages Assessment of dam. occ asio ned to the plai ntif f by any for cib le entry, or by any for cibl e am' or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful de tain er be af ter def ault in the paym ent of rent. Judgment against the defendant guilty of the forcible entry, or forcible or unlawful detainer, may be entered in the discretion of the court ei ther for the amount of the damages and rent found due, or for three times the amount so found. ExmcumoN .-When the proceeding is for an unlawful detainer Execution . aft er d efau lt in the p ayme nt of r ent, and the le ase, or agre emen t under wh ich the rent is payable has not by its ter ms expired, execu- tion upon the judgment shal l not be issued until the expir ation of five days after the entry of the judgment, within which time the ten ant, or any sub tena nt, or any mort gag ee of the te rm, or any other pa rty interested in its continuanc e, may pay into court, for the landlor d, the amount fo und due as rent , with interest thereon, and the amount of the damages found by the court for the unlaw- ful de tain er, and the cos ts of the p roce edin gs, and the reup on the judgment shall be satisfied and the tenant be restored to his estate. SATISFACTION OF JUDGMENT .-But if payment as here provided be nSatisfaction of Judg- not made within five days, the judgment may be enforced for its full amo unt, and for the possession of the premises. In all other cases the Judgment ma y be enforced immediately. SEC. 630. L' FFECT OF AN APPEAL UPON THE JUDGMENT .-An appeal Effect of appeal. taken by the defendant shall not stay proceedings upon the judg- ment unless the magistrate before whom the same was rendered so di rect s. SEC. 631 . RULES OF r nacnxCE-Except as otherwise pr ovided in Aulep ppsact s, to th is s ubch apte r the p rovi sion s of cha pter s 4 to 16 of th is c ode are gov ern. applicable to, and constitute the rules of practice in the proceedings mentioned in this subchapter. SEC. 632. APPEALS, HOW TAKEN, AND SO FORTH.-The provisions Taki ng of appeal. of sections 491 to 501 of this code, relative to appeals, except in so far as they are inconsistent wi th the provisions of this subchapter, ap ply to the p roc eedi ngs ment ione d in th is subchapter. SEC. 633 . RELIEF AGAI NST FORFEITURE OF LEASE .-T he cour t may t Relief against fortef- relieve a tenant against a forfeiture of a lease, and restore him to his fo rmer est ate, in cas e of hardship, where application for such