J. MILLARD TAWES, Governor                        855

39-O.

Whenever any lessor shall desire to have again and repossess any
premises to which he is entitled under the provisions of Section 39N,
he or his duly qualified agent or attorney, shall make his written
complaint under oath or affirmation, before any justice, of the peace
of the county or city wherein such property is situated, and describ-
ing therein in general terms the property sought to be had again and
repossessed as aforesaid, and also setting forth the name of the
tenant to whom the same is rented, or his assignee or under tenant
or tenants, with the amount of rent thereon due and unpaid; and
praying by warrant to have again and repossess the premises, to-
gether with judgment for the amount of rent due and costs; and it
shall thereupon be the duty of said justice of the peace forthwith
to issue his summons, directed to any constable of the county or city
wherein such complaint has been filed, and ordering him to notify
said tenant, assignee or undertenant forthwith to appear before the
said justice of the peace, at the trial to be held on the second day
after the filing of said complaint, to show cause why the prayer of
said lessor should not be granted as aforesaid, and the said constable
shall forthwith proceed to serve said summons upon said, tenant,
assignee or undertenant in said premises, or upon his or their known
or authorized agent, but if for any reason, neither said tenant,
assignee or undertenant, nor his or their agent can be found, then
said constable shall affix an attested copy of said summons conspicu-
ously upon said premises, and such affixing of said summons shall,
for the purposes of this sub-title, be deemed and construed a suffi-
cient service upon all persons whomsoever.

39P.

If at the trial on the second day aforesaid, the justice of the peace
shall he satisfied the interest of justice will be better served by an
adjournment to enable either party to procure his necessary wit-
nesses, he may adjourn the trial for a period not exceeding one day,
except by consent of all parties, and if at said trial or due adjourn-
ment thereof as aforesaid, it shall appear to the satisfaction of the
justice of the peace before whom said complaint has been made and
tried as aforesaid, that the rent or any part of the rent for said
premises is actually due and unpaid, then the said justice of the
peace shall give judgment in favor of said lessor for the amount of
rent found due, with costs of suit, and shall order that said tenant
and all persons claiming or holding by or under said tenant shall
yield and render up possession of said premises unto said lessor,
or his duly qualified agent or attorney within two days thereafter;
provided, however, that if the said tenant, or someone for him, shall
at said trial or due adjournment thereof as aforesaid, tender the
rent found to be due and unpaid, together with the costs of said suit,
the said complaint shall be entered satisfied and no further proceed-
ings shall be had thereunder.

39Q.

In case judgment shall be given in favor of said lessor in the
manner aforesaid, and the tenant shall fail to comply with the
requirements of said order within two days aforesaid, the said justice
of the peace shall, on or at any time after the expiration of said
two days, issue his warrant, directed to any constable of the county