Page:United States Statutes at Large Volume 76A.djvu/463

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–367–

-367§ 1812. Trial; showing required (a) On the trial of a proceeding for a forcible entry or forcible detainer, the plaintiff shall be required to show, in addition to the forcible entry or forcible detainer complained of, only that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer. (b) The defendant may show in his defense that he or his ancestors, or those whose interest in the premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such a showing is a bar to the proceedings. § 1813. Amendment to conform to evidence; continuance When, upon the trial of a proceeding under this subchapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the magistrate shall order that the complaint be forthwith amended to conform to the proofs; and the amendment shall be made without any imposition of terms. A continuance may not be permitted upon account of the amendment unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor. § 1814. Judgment If upon the trial the finding of the court is in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceedings are for an unlawful detainer after neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of the lease or agreement. (b) The court shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer is after default in the payment 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 either for the amount of the damages and rent found due, or for three times the amount so found. (c) When the proceeding is for an unlawful detainer after default in the payment of rent, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment may not be issued until the expiration of five days after the entry of the judgment, within which time the tenant, or a subtenant, or a mortgagee of the term, or another party interested in its continuance, may pay into court, for the landlord, the amount found due as rent, with interest thereon, and the amount of the damages found by the court for the unlawful detainer, and the costs of the proceedings, and thereupon the judgment shall be satisfied and the tenant be restored to his estate. (d) If payment as provided in this section is not made within five days, the judgment may be enforced for its full amount, and for the possession of the premises. In all other cases the judgment may be enforced immediately. § 1815. Relief against forfeiture of lease The court may relieve a tenant against a forfeiture of a lease, and restore him to his former estate, in case of hardship, where application for such relief is made within 30 days after the forfeiture is declared by the judgment of the court, as provided in section 1814 of this