Chap. 439.—An ACT to ainend and re-enact section 2716, as amended by an act
entitled “an act to amend and re-enact section 2716 of the Code, in relation to
unlawful detainer,” approved March 4, 1890, and sections 2717, 2718, 2719, and
2720 of the Code of Virginia.

Approved December 12, 1903.

1. Be it enacted by the general assembly of Virginia, That section
twenty-seven hundred and sixteen, as amended by an act entitled “an act
to amend and re-enact section twenty-seven hundred and sixteen of the
Code, in relation to unlawful detainer,” approved March fourth, eighteen
hundred and ninety, and sections twenty-seven hundred and seventeen,
twenty-seven hundred and eighteen, twenty-seven hundred and nineteen,
and twenty-seven hundred and twenty of the Code of Virginia, be
amended and re-enacted so as to read as follows:

$ 2716. How person turned out or kept out of possession of land may
recover it; when proceeding to be in court and when it may be before a
justice.—If any forcible or unlawful entry be made upon lands, or if,
when the entry is lawful and peaceable, the tenant shall detain the pos-
session of land after his right has expired, without the consent of him
who is entitled to the possession, the party so turned out of possession, no
matter what right or title he had thercto, or the party against whom such
possession is unlaw fully detained, may within three years after such
forcible or unlawful entry or such unlawful detainer sue ‘out of the clerk’s
office of the circuit court of the county, or the circuit or corporation
court of the corporation, in which the land, or some part thereof, is, a
summons against the defendant to answer the complaint of the plaintiff
that the defendant is in posscssion and unlawfully holds from the plain-
tiff the premises in question (describing them). and no declaration shall
be required. Or in any case where possession of any house, land, or tene-
ment is unlawfully detained by the tenant, or some person claiming under
him, the lease of such tenant being originally for a period not exceeding
one month, or for the time such tenant is emploved by the Jandlord as
laborer, the landlord or other persons entitled to the possession may pre-
sent to any justice of the county, city, or town in which said premises are
situated a statement, under oath, of the facts which authorize the re-
moval of the tenant or other person in possession (describing said prem-
ises) ; and thereupon the said justice shall issue his summons against the
persan or persons named in the said affidavit.

271%. Service of summons; when and where returned; plea of de-
fendant; how case tried; its preeedence-—The summons, when issued
from the clerk’s office of a court, may be returned and the case heard and
determined at any term of said court. When issued by a justice it mav
be returned to and the case heard and determined by any justice of said
county, city, or town: provided, the same be made returnable to some
place within the magisterial district, city, or town in which the defend-
ant resides. Such summons shall be served at least five davs before the
return dav thereof. If the defendant appear and plead, his plea shall be
«Not guilty.” Upon this issue, or upon the return of the first or any sub-
sequent summons “executed.” the court or justice, as the case may be,
shall try whether he unlawfully withholds the premises in controversy.
When the summons is returnable to a court, a jury may be empanelled to
try the case, upon the application of either party, at any time before the
trial. Such cases shall have precedence over all other civil cases on the
docket.

§ 2718. Verdict and judgment; how summons issued by justice directed
and served.—If it appear that the plaintiff was forcibly or unlawfully
turned out of possession, or that it was unlawfully detained from him,
unless it also appear that the defendant has unlawfully held or detaiuet
the possession for three years before the date of the summons, the verdict
or judgment shall be for the plaintiff for the said premiscs, or such part
thereof as may be found to have heen so held or detained. When part
only of ithe premixes is found for the plaintiff, the verdict or judgment
shall descrihe the part so found. In such cases the verdict. or judgment
shall be for the plaintiff. If the verdict be for the defendant as to the
whole, judgment shall be for him. ‘The summons issued by a justice may
be dirceted to the sheriff, sergeant, or any constable, and served in the
same manner as the process issued from the court.

$ 2719. How possession of premises in city or town, or in subdivision
of suburban or other Jands recovered from tenant or lessee whose rent i<
in default—If any tenant or lessee of premises in a city or town, or in
any subdivision of suburban and other lands divided into building lots
for residential purposes, being in default in the payment of rent, shall so
continue for five days after notice, i in writing, requiring possession of the
premises, or the payment of rent, such tenant or lessee shall thereby for-
feit his right to the possession. In such case the possession of the de-
fendant may, at the option of the landlord or lessor, be deemed unlawful.
and he may proceed to recover the same in the manner provided by this
chapter.

§ 2720. Appeal from judgment of justice; how and when taken: haw
tried; what security required when appeal taken by defendant.—An ap-
peal shall lie from the judgment of a justice, in any proceeding under
this chapter, to the circuit court of the county or corporation court of the
corporation in which the premises are situated in the same manner and
with like effect and upon like security as appeals taken under chapter one
hundred and forty. The said appeal shall be taken within ten days and
the security approved by the justice from whose decision the appeal is
taken: and when the appeal is taken by the defendant, he shall be re-
quired to give security also for all rent which has accrued upon said prem-
ises and which may accrue thereon, but for not more than one year’s rent
in-all, whether it shall have acerued before or may accrue after said ap-
peal is taken, and also for all damages that shall have accrued or may
acerue from the unlawful use and occupation of the premises for a period
not exeeeding three months. Epon the trial of said appeala jury may be
empanelled to try the matter in controversy upon the application of « ither
party,

. This act shall be in force on and after the first day of February.
nineteen hundred and four,