Page:United States Statutes at Large Volume 76A.djvu/460

–364– -364Within 30 days after the sale, the commissioner shall file with the clerk of the court in which the action is pending, a verified report and account of the sale, together with the proper affidavits showing that the regular and required notice of the time and place of the sale was given, and the report and account shall have the same force and eflfect as the marshal's return in sales under execution. In all cases of sale made by a commisisoner, the court in which the proceedings are pending shall fix a reasonable compensation for the commissioner'service, which shall not be less than $10. Subchapter III—Nuisance and Waste § 1761. Abatement of nuisance; damages An action may be brought in the district court by a person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuisance, as defined in section 5031 of Title 4, and by the judgment in the action the nuisance may be enjoined or abated as well as damages recovered therefor. A civil action may be brought in the district court by the United States attorney in the name of the Government of the Canal Zone to abate a public nuisance, as defined by section 5032 of Title 4. § 1762. Actions for waste; treble damages If a guardian, tenant for life or years, joint tenant, or tenant in common of real property, commits waste thereon, a person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages. Subchapter IV—Forcible Entry and Detainer § 1801. Forcible entry defined Every person is guilty of a forcible er'* who either: (1) by breaking open doors. idows, or other parts of a house, or by any kmd of violen' . circumstance of terror enters upon or into any real propert L(2) after entering peace? upon real property, turns out by force, threats, or menacin aduct, the party in possession. § 1802. Forcible detainer .ned Every person is guilty - a forcible detainer who either: (1) by force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether it was acquired peaceably or otherwise: or (2) in the nighttime, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender them to the former occupant. The occupant of real property, within the meaning of this subchapter, is one who, within five days preceding the unlawful entry, was in the peaceable and undisturbed possession of the lands. § 1803. Unlawful detainer defined A tenant of real property, for a term less than life, is guilty of unlawful detainer: (1) When he continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission of his landlord, or the successor in estate of his landlord, if any. I n the case of a tenancy at will, however created, the tenancy is terminated by the landlord s giving notice in writing to the tenant, in the manner prescribed by section 1804 of this title, to remove from the premises within a period

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