Page:United States Statutes at Large Volume 31.djvu/541

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

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 489 Sec. 1009. No appeal can be taken, by the party who demanded a ,u,·;,¥;g°ggg,&nge*g°*° jurg, from a judgment in a justice’s court given upon the verdict of ` suc jury, unless the judgment be for an amount of money not less than fifty dollars or for the recovery of personal property of the value of hnot less than fifty dollars, exclusive of costs and disbursements in eit er case. · Sec. 1010. Any person may act as attorney for another in a justice’s mfg;} may °°’ °·’ °'# court, except a. person or oiicer Serving any process in the action or ` proceeding other than a subpoena. Sec. 1011. Whenever it appears to the justice that any process or Sv¤¤i¤1<1ev¤ri¤s. order authorized to be issued or· made by this code will not be served for want of an officer, such justice may a point any suitable person, not being a party to the action, to serve Sie same; such an appointment may be made by an indorsement on the rocess or order, in substantially the following form, and signed by the justice with his name of office: “I hereby appoint A B to serve the within process, or order," as the case may be. Sec. 1012. A party is entitled to one hour in which to make his 0u1;¤,§§;u_ °¤°*°l°d *0 appearance after the time specified in the summons, and not otherwise; ` an if the justice be then actually engaged in other official business he may, on his own motion, postpone further proceedin s in the case until such official business 'has been completed or he can%>e disengaged therefrom. _ Sec. 1013. Chapter fifty-eight of this title, defining contempts, and u,1,;,’§§°°d‘“g“‘°' °°“‘ the proceeding for punishing a party guilty of contempt, shall appl to ju.stices’ courts, except as in this chapter otherwise specially proviclved. Sec. 1014. The punishment for a contempt in a justice’s court shall ,,,1Q,}‘§l““m°“"°’°°“‘ be by fine or imprisonment, or both; but the flue shall in no case exceed twenty-five dollars, nor the imprisonment ten days. CHAPTER NINETY-NINE. _ on FORCIBLE nivrnr AND DETAINER. Sec. Sec. 1015. \Vhen entry upon real property 1026. Notice_to quit must be in writing; alloweu; not to be made wit service of. . force. 1027. Notice to q_uit, how long served 1016. Action to recover possession of before action brought. remises forcibly entered or held 1028. Action can not be maintained behy force. fore expiration of period for 1017. Necessary averments and com- which rent paid. · plaint. 1029. Crops sown, etc., before lease ex- 1018. Action for, how conducted.pires, tenant may cultivate and . 1019. Summons in, how served and re- harvest. _ turned. 1030. Merits of title not to be questioned 1020. Continuance, forwhat time granted. actio11;_ limitation of action. 1021. Action for, tI`18.l bg commissioner. 1031. NOUC8·tQ quit in action under Code 1022. Verdict of jury an judgment on. of Civil Procedure. 1023. Form of execution. 1032. Precinct deined. 1024. Ap?] by defendant. 1025. Un wful holding by force, what deemed to be. _ Sec. 1015. No person shall enter upon any land, tenement, or other m§*,§$§ ,,$.}‘,‘f,’{l0‘§,,p,‘§§§ real property, but in cases where entry is given by law; and in such gg? Be meds with cases the entry shall not be made with force, but only in a peaceable ` manner. Sec. 1016. When a forcible entry shall be made upon any lpremises, ,,0’§§§§{,§,,{,‘} ,,§§$,§’,§§§ or when an entry shall be made in a peaceable manner and the posses- lggglgv ffrggéwd 01* sion shall be held by force, the person entitled to the premises may y ' maintain an action to recover the possession thereof before the commissioner of the precinct in which such real property is situated.