Page:United States Statutes at Large Volume 14.djvu/434

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

404 THIRTY-NINTH CONGRESS. Sess. II. C11. 64. 1867. Publication _ Sec. 8. And be it further enacted, That no order for the substitution Q": §°fb: S325U' of publication for personal service shall be made till a summons for nhe $:,1,];; ggrvgcg defendant shall have been issued and retnrlped " nlolhto) be fo;11n<l:’3l And ¤¤¤il ¤h¤ iswe 0* when an order for publication shall be ma e, it s a e m t. e 0 owing Q23Q1w2Q5e2E? or equivalent form : _ _ _ pom, of Order “In the Supreme Court of the District of Columbm., the —— day of of publication. .--, ]8—, A. B., plaintiff v. (At law,) (In equity,) No —-. C. D., defendant.} On motion of the plaintid] by Mr. —--—-, his attorney, it is ordered that the defendant cause his appearance to be entered herein on or before the first rule day occurring forty days after fhis day; otherwise the cause will be roceeded with as in case of default} ams in cases geo. 9. And be it further enacted, That all sales duly made in cases in wyhege publien· which publication is substituted for personal service of process shall be g;";.;: good and valid, and shall vest any purchaser with a perfect title. service? D 2 Sec. 10. And be it further enacted, That the proceeding to enforce any YF°°°°d*P8$ '*° lien shall be by bill or petition in equity, and the decree, besides subject- °"I§°;`;::i£;°;;ch ing the thing upon which the lien has attached to the satisfaction of the cases. plaintiffs demand against the defendaiit, shall adjudge that the plaintiff recover his demand against the defendant, and that he may have execution thereof as at law. Process how Sec. 11. And be it further enacted, That in actions against foreign corserged in nclions porations doing business in the District of Columbia, all process may be

§:*g;;£;;S“ served on the agent of such corporation or person conducting its business

Paforesaid, or in case he is absent and cannot be found, by leaving a copy thereof at the principal place of business in the District, and such service shall be effectual to brin¤· the cor oration before the court. 1 Right of land- SEQ. 12. And be izfuither enaioted, That the ppiwer claimed pnd ex- °*‘d *° §°l*° °¤ ercised as of common rights b every landlord, o seizing, by iis own

 authority, the personal chattelgcf his tenant for rent arrear, is hereby

im for rung in abolished, and, instead of it, the landlord shall have a tacit lien upon such ""‘&‘?;;i:1i‘;;:h°d‘ of the tenanfs personal chattels, upon the premises, as are. subject to exgp,-en; ccution for debt, to commence with she tenancy and continue for' three lugzgpafgliggv months after the renl is due! and until the termination ofi any action for lowm Comms; such rent brought w1t;hm said three months. And this hen may be cn- ° forced, — ' how may no 1. By attachment, to be issued upon zxidavit that the rent is due and

  • ‘·¤f°*<>°d· unpaid; or if not due, that the defendant is about to remove or sell all or

some of said chattels; or, 2. By judgment against the tenant and execution, to be levied on said chattels or any of them, in whosoever hands they may be found; or, 3. By action against any purchaser of any of said chattels, with notice of the lien, in which action the plaintiff may have judgment for the value of the chattels purchased by the defendant, but not exceeding the ren: arrear and damages. Ijmnofdecm- Sec. 13. And be it further enacted, That the declaration in replcvin

£°“ "‘ "°Pl°' shall be in the following or equivalent form : “The plaintiti sues the dé-

fendant for (wrongfully taking and detaining,) (unjustly detaining) his, said plaintiH"s goods and chattels, to wit: (describe them) of the value of 35-. And the plaintiff claims that the same be taken from the defendant and delivered to him; or if they are eloigned, that he may have judgment of their said value, and all mesne profits and damages, which Bl:’;¤:¤;:gi;:_t he estimates at -—, besides costs."And at the time of Hling the declawnhthe dmc2u_ ration, the plaintiff; his agent or attorney, shall file an a$davit, sworn to tion. before the clerk, stating,- mfcmfmf ’° That, according to eili‘iant’s information and belief, the plaintiff is entitled to recover possession of the chattels proposed to be replevxed, being the same described in the declaration;