TENANTS, HOLDING OVER.

as to said tenancy, and that from and after thirty days from the
day of service of such notice, the tenant in cases of such tenan-
cies shall be deemed to be holding over; and this act, and said

1619

original act shall be taken to extend to the executors and admi-
nistrators of said tenant for years or for a lesser period pur
autre vie or tenant at will or by sufferance, and all persons
claiming said demised premises under and by virtue of said
tenant for years or for a lesser period pur autre vie or tenants, at
will or by sufferance, before or after such tenant's death, and
the person or persons entitled to said demised premises in re-
mainder or otherwise, after determination of the tenancy of such
tenant, pur autre vie, or other tenancy in this act mentioned,
shall be deemed and taken to be lessors within the provisions
of this act, and of said original act, and as such to be entitled
to the benefits of the same.

This act
extended 16
executors,
adminis-
trators, &c.
of tenants.

SEC. 8. And be it enacted, That in all cases of tenancy, as
herein before or by the said original act provided, if the tenant
shall after notice fail to quit at the end of the term, or at the
period when he shall begin as aforesaid, to be holding over,
such tenant, his executors or administrators, may at the elec-
tion of the lessor, his heirs, executors, administrators or assigns,

Tenants
failing to
quit

be held as a tenant, and bound to pay double the rent to which
the said tenancy was subject, and payable and recoverable in
all respects, and to every effect as if by the original agreement,
or the understanding as to such tenancy, said double rent were
the reserved rent of the let or demised premises, according to
the terms and conditions of payment of such originally reserved
rent.

Round to
pay double
rent

SEC. 9. And be it enacted, That no proceedings under this
act, or the act to which this a supplement, had before any jus-
tices of the peace, and removed by certiorari to any court, shall
by such court be reversed or set aside for matter of form, and
any case thus removed by certiorari if the proceedings there-
under shall be set aside, or appear to be substantially defective
shall be proceeded with, in such county court in the same man-
ner, and to the same effect upon the claim and complaint, and
merits, and upon evidence to be adduced therein as it was or
might have been competent to such justices to have proceeded

Proceed-
ings before
magistrates
not to be set
aside on
appeal for
want of
form.

therewith ; and the said county court shall have the same
power as such justices as to the summoning and enforcing the
attendance of jurors and rendition of judgments in such case;

Court may
amend.

Provided however, that such cases may be tried by a jury from
the jurors summoned for the trial of causes at the term of such
court.

Proviso.

SEC. 10. And be it enacted, That every case of such cer-
tiorari shall be finally determined and proceeded with at the
first term, to which such case shall be removed to the said

Trial at
first term.