Chap. 60.—An ACT to amend and re-enact section 5445 of the Code of Virginia, in
relation to unlawful detainer. {H B 80]

Approved February 27, 1932

1. Be it enacted by the general assembly of Virginia, That sec-
tion fifty-four hundred and forty-five of the Code of Virginia be
amended and re-enacted so as to read as follows:

Section 5445. 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—lIf any forcible or unlawful entry be made
upon lands, or if, when the entry is lawful and peaceable, the tenant
shall detain the possession 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 thereto,
or the party against whom such possession is unlawfully detained may,
within three years only after such forcible or unlawful entry, or such
unlawful detainer, sue out of the clerk’s office of the circuit or county
court of the county, or the circuit or corporation court of the city
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 possession and unlawfully withholds from the plaintiff the prem-
ises in question. A declaration may be filed as in other actions at
law, but if the premises be adequately described in the summons no
such declaration shall be necessary. In any case where possession of
any house, land, or tenement 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 year, or for the time such
tenant is employed by the landlord as laborer, the landlord or other
person entitled to the possession may present 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 removal of the tenant
or other person in possession (describing said premises) ; and there-
upon the said justice shall issue his summons against the person or
persons named in the said affidavit.