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Session Laws, 1999
Volume 796, Page 3596   View pdf image
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find that the landlord had been in possession of the leased property, that the said
lease or estate is fully ended and expired, that due notice to quit as aforesaid had been
given to the tenant or person in possession and that [he] THE TENANT OR PERSON IN
POSSESSION had refused so to do, the court shall thereupon give judgment for the
restitution of the possession of said premises and shall forthwith issue its warrant to
the sheriff or a constable in the respective counties commanding [him] THE TENANT
OR PERSON IN POSSESSION forthwith to deliver to the landlord possession thereof in
as full and ample manner as the landlord was possessed of the same at the time when
the leasing was made, and shall give judgment for costs against the tenant or person
in possession so holding over.

(II) Either party shall have the right to appeal therefrom to the
circuit court for the county within ten days from the judgment.

(III) If the tenant appeals and files with the District Court an
affidavit that the appeal is not taken for delay, and also a good and sufficient bond
with one or more securities conditioned that [he] THE TENANT will prosecute the
appeal with effect and well and truly pay all rent in arrears and all costs in the case
before the District Court and in the appellate court and all loss or damage which the
landlord may suffer by reason of the tenant's holding over, including the value of the
premises during the time [he] THE TENANT shall so hold over, then the tenant or
person in possession of said premises may retain possession thereof until the
determination of said appeal.

(IV) The appellate court shall, upon application of either party, set a
day for the hearing of the appeal, not less than five nor more than 15 days after the
application, and notice for the order for a hearing shall be served on the opposite
party or [his] THAT PARTY'S counsel at least [five] 5 days before the hearing.

(V) If the judgment of the District Court shall be in favor of the
landlord, a warrant shall be issued by the appellate court to the sheriff, who shall
proceed forthwith to execute the warrant.

(3) [If the tenant or person in possession shall allege that the title to the
leased property is disputed and claimed by some person whom he shall name, by
virtue of a right or title accruing or happening since the commencement of the lease,
by descent or deed from or by devise under the last will or testament of the landlord,
and if thereupon the person so claiming shall forthwith appear, or upon a summons to
be immediately issued by the District Court and, made returnable within six days
next following, shall appear before the court and shall, under oath, declare that he
believes that he is entitled in manner aforesaid to the leased property and shall, with
two sufficient securities, enter into bond to the plaintiff, in such sum as the court
shall think is a proper and reasonable security to said plaintiff or parties in interest,
to prosecute with effect his claim at the next term of the circuit court for the county,
then the District Court shall forbear to give judgment for restitution and costs. If the
said claim shall not be prosecuted as aforesaid, the District Court shall proceed to
give judgment for restitution and costs and issue its warrant within ten days after the
end of said term of court.

 

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Session Laws, 1999
Volume 796, Page 3596   View pdf image
 Jump to  
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