summons. 1852. Issue of fact to owner or lessor shall desire to obtain possession of the same at the termination of the lease, or at any subsequent time, he shall give notice to the lessee to quit possession of said land, house, building, or apartment, at least thirty days before the termination of the lease, or before the time when the lessee shall be required to quit possession; which notice shall be in writing, in substance in the form following, to wit: "I hereby give you notice, that you are to quit possession of the (house, land, building, or apartment, as the case may be,) now occupied by you, on or before the [here insert the day, place, date and name."] Duplicate copies of such notice shall be made, one of which shall be delivered to the lessee, or left at his place of residence, in the presence of at least one credible witness. Complaint and If at the expiration of the thirty days, the lessee shall neglect or refuse to quit possession of the premises, any justice of the peace in the town in which the said leased premises shall be situated, may, on complaint of the lessor or owner, issue a summons to the lessee, which shall be served at least six days inclusive before the time of trial, to appear before him to answer to such complaint; if an issue of fact is joined, it shall be tried by the court and not by a jury be tried by the except that if the defendant shall make a motion to the court before whom the complaint shall be pending for a jury, and shall become bound to the complainant with good and sufficient surety, to answer all costs and damages, in case he fail to make his plea good, the court shall summon a jury of six able and judicious electors, qualified to act as jurors of the town, to inquire whether the possessor is the lessee of the complainant, and holds over after the termination of the lease, and whether notice has been given to him in the manner aforesaid, and said lessee holds possession after the expiration of the time therein specified. In case the jury find these facts in favor of the complainant, the said justice of the peace shall render judgment for the complainant to recover possession of the said premises, with his costs, and issue execution accordingly; but if the defendant shall show to the jury a title in himself, derived after the date of the lease, from the lessor, or from any other person, or if the jury shall not find a lease, a notice given, and a holding over as aforesaid, the defendant shall recover his costs. Whenever may be rendered an issue in fact is not joined as aforesaid to the jury, or the defendant makes default of appearance, the justice of the peace, before whom such complaint is pending, may proceed to trial and judgment without a jury.* court, when. Jury to be summoned. Judgment. When judgment without jury. Complainant to give bond of prosecution. Assignee of lessor and lessee, &c. SECT. 351. When any justice of the peace shall issue a summons for the purpose aforesaid. he shall take of the complainant a bond, with sufficient surety, to the adverse party, to answer all costs and damages which the defendant may sustain, in case the complainant shall fail to make his plea good. SECT. 352. The provisions aforesaid shall extend to any person or persons deriving title from the lessor or lessee of any land, dwelling-house, or other building. ute. *Previous to 1846, lease terminating by some express provision, not within the stat On reversal, restitution awarded. Du Bouchet v. Wharton, 12 C. R. 533. Proceedings inoperative against one having paramount title. Colt v. Eves, 12 C. R. 243. Plaintiff need not be the owner; notice how served, and other points. White 0. Bailey, 14 C. R. 271. Either party may peremptorily challenge two jurors. Miner ». Brown, 20 C. R. 519. Lease terminating by express stipulation, not void, but voidable, and demand and reentry must be made. Bowman . Foot, 29 C. R. 331. Whether acceptance of rent a waiver of forfeiture, quere. Same. sioners may re SECT. 353. The county commissioners in any county may proceed 1846. in the name of the county treasurer, in the manner herein before County commisprescribed, to obtain possession of any land, dwelling-house, or other cover estate bebuilding, belonging to the county of which they are commissioners, longing to the held under a lease in manner aforesaid. recover estate of SECT. 354. The selectmen of any town may, in the name of the 1847. town, proceed in like manner to obtain possession of any land, Selectmen may dwelling-house, or other building, belonging to the town of which the town. they are selectmen, held under a lease in manner aforesaid, by complaint to be brought and tried before a justice of the peace and a jury of an adjoining town, when such jury shall be demanded by the defendant. 1864. may proceed by see of tenant for SECT. 355. Whenever any lessee shall occupy any land, dwell- Reversioner or ing house, or other premises, or any part thereof, under a lease remainder-man from a tenant for life, in dower, or by the curtsy, any person enti- summary protled to the reversion, or remainder, may, upon the death of such cess against lestenant, proceed against such lessee, by summary process, in the man- life, &c., when. ner herein before prescribed; and all proceedings which shall have been commenced by such tenant, for the recovery of such leased premises, may, upon the death of such tenant, be prosecuted in the name of the reversioner or remainder-man, in the same manner as the lessor might have prosecuted the same if living. cover estate, of keeping a SECT. 356. Whenever the lessee or tenant of any house, room, Lessor may rear tenement shall be convicted of keeping a house of ill-fame, re- where lessee has sorted to, for the purposes of prostitution, or lewdness, in such house, been convicted room, or tenement, or of a violation, therein, of any law against house of ill-fame. gaming, the lease or contract for letting such house, room, or tene &c. ment, shall thereupon be void; and the lessor may recover possession of the premises, in the manner herein before prescribed, but no notice to quit possession shall be required. SECT. 357. All persons claiming title to the premises shall, not- Title not to be afwithstanding any proceedings had in manner aforesaid, be entitled fected. to any other legal remedy in the same manner as if such proceedings had not been had. When notice SECT. 358. Whenever a lease of any lands, dwelling-house, or 1852. other building, or of any apartments in such house or other building, may be dis in writing, shall contain an agreement of the parties thereto, whereby pensed with. notice to quit possession is waived by the lessee, the thirty days notice herein before prescribed shall not be necessary, and complaint and summons may issue in the same manner as if such notice to quit had been previously given. SECT. 359. Whenever any writ of error shall be procured by the Bonds on writ of defendant in an action of summary process, he shall give good and error. sufficient bond, with surety, to the adverse party, to answer for all rents that may accrue during the pendency of such writ of error, or which may be due at the time of the final disposal of such writ of error; and the defendant shall have twenty-four hours after judgment has been rendered, for filing his bill of exceptions, and procaring his writ of error, and execution shall be stayed during that time, if it shall appear to the justice who renders the judgment that such proceedings are not made for the purposes of delay. SECT. 360. On the trial of a summary process, the fee of a justice Fee. of the peace, and each juror, shall be one dollar per day; and the officer's fees shall be the same as for like services in other process. 1854. No appeal. SECT. 361. No appeal shall be allowed in a complaint of sum. mary process. 1864. Persons placing the highway, or IX. OF ACTION BY STATUTE. SECT. 362. Whenever any person shall place or keep building obstructions in materials, timber, stone, or any other obstacle, in any public highstreet, liable for Way or street, either with or without a license therefor from the all damages, &c. city, town or borough in which such public highway or street may be situated, he shall pay to said city, town, or borough, all loss, cost and damages which it shall sustain, or be compelled to pay, by rea son thereof; and the same may be recovered in a proper action founded on this statute. to whom. 1836. Cutting down trees, &c. Damages. X. OF TRESPASS. SECT. 363. Every person who shall fell, cut, destroy or carry, away any trees, timber or underwood, standing or lying on the land of any other person, or on land sequestered, or for town commons, or on any common and undivided land in any town, without license of the owner, and all who shall aid and assist therein, shall pay to the party injured one dollar and sixty-seven cents for every tree of one foot diameter; and for all trees of a greater dimension, three times the value thereof, besides one dollar and sixty-seven cents; and eighty-four cents for every tree or pole under one foot diameter, which damages shall be recovered in an action of trespass; but when the court, before which the trial shall be had, shall be satisfied that the defendant was guilty through mistake, and believed that the timber was growing on his own land, it shall render judgment against him for no more than the true value thereof; and when the trespass is committed on common and undivided lands, the action shall be brought in the name of the proprietors; and when on lands sequestered for town commons, in the name of Agents to prose- the town where the lands lie; and the proprietors of common and undivided lands, and towns, may, in lawful meetings, appoint agents or attorneys in their names, to prosecute any person who shall be guilty of a breach of this section. On common lands. cute. Throwing down bars, &c. Damages. Setting fire. If plaintiff swears SECT. 364. Every person who shall wittingly and unlawfully, throw down or leave open any bars, gates, fence, or fences, belonging to any particular inclosure, or common field, shall pay to the party injured double damages, and a sum not exceeding five dollars, according to the nature and aggravation of the trespass, to be recovered in an action of trespass. SECT. 365. Every person who shall set fire on any land, that shall run upon the land of any other person, shall pay to the owner all the damages done by such fire, to be recovered in an action of trespass.* SECT. 366. If the plaintiff, in any of the actions named in the he suspects de- three next preceding sections, shall make oath that the trespasses charged in the declaration were committed; that he suspects the fendant, &c. Does not apply to a case where fire is set upon the land injured. Grannis v. Cummings, 25 C. R. 165. Not necessary that the fire should run along the ground in continuous or traceable course. Ayer v. Starkey, 80 C. R. 804. Defendant to defendant committed the same, and shall produce evidence to render disprove his SECT. 367. Every person who shall wilfully remove or destroy Injury to bridges any of the stone, wooden work, or other materials of, or belonging to, any bridge over any river, creek, or tide waters, or shall remove or destroy any stone, wood, or earth, which may be placed for the security or preservation of any such bridge, shall pay treble damages to the town, corporation, or proprietors, owning such bridge, or bound by law to support the same, to be recovered in an action of trespass. SECT. 368. Every person who shall pull down, break, or deface Destroying mileany mile-stone, post-guide, or other monument for the direction of travelers, or any railing which may by law be erected on any causeway, or public road, for the safety of travellers, shall pay to the town, corporation, or proprietors, owning such mile-stone, postguide, other monument, or railing, treble damages, to be recovered in an action of trespass. stones, &c. without color of conviction and work-house. SECT. 369. Whenever any person shall, wilfully, and without Trespass to lande color of right, commit a trespass on the lands of another, by cutting right. or destroying any trees, or carrying away any timber, wood, or rails, or by destroying or taking away any growing crops, or fruits, the party injured may bring his action of trespass against him, stating such facts; and if, on trial, they shall be found true, the court may render judgment against him for damages and costs; and if the Defendant, on defendant shall not pay the same within thirty days after the judg - non-payment, ment shall be rendered, he shall be committed to the work-house in may be sent to the town where he dwells, to be kept at hard labor, not exceeding sixty days; and if there be no work-house in such town, then to the work-house in the town where the plaintiff dwells, if it be in the same county where the defendant dwells, there to be kept at hard labor, not exceeding sixty days; and if there be no work-house in such town and within the county aforesaid, then to the county work-house in the county within which the defendant dwells, there to be kept at hard labor, not exceeding a like period of sixty days; and if there be no work-house in said county, then to the county jail in the county where the defendant dwells, there to be imprisoned for a term not exceeding sixty days; and the court shall issue execution accordingly; but in cases where any person thus committed, shall be unable to pay the expense of his support in the work-house, or expense, if de jail, the same shall be paid by the plaintiff; and if such person shall pay such execution, costs, and expenses, he shall be thereupon released from the workhouse, or jail. Plaintiff to pay fendant cannot. XI. OF TRESPASS ON THE CASE. For fraud in con fects, body liable SECT. 370. Whenever any person shall be guilty of fraud in 1842. contracting a debt, or shall conceal, remove, withhold, assign, or tracting debt, or convey away, his estate, moneys, goods, chattels, or choses in action, concealing ef with intent to prevent the same from being taken by legal process, to attachment or shall refuse to pay any debt admitted by him, or established by a and execution. valid judgment, while having moneys or estate, not exempt from 1840. Waste by tenant for life or years. execution, sufficient to discharge the same, concealed or withheld by him so that the same cannot be taken by legal process, or shall refuse to disclose his rights of action, with intent to prevent the same from being taken by foreign attachment, any creditor aggrieved thereby may institute an action on the case, against such person, setting forth his debt in the declaration, and also setting forth particularly such fraudulent act, or acts, and have process of attachment and execution against the body of the defendant, to be proceeded with in all respects as in other actions of tort.* SECT. 371. Every person who, having no greater interest in real estate than an estate for years, or for life, created by the act of the parties and not by the act of the law, shall commit waste upon the premises beyond what tenants for years or life created by operation of law may do, shall be liable to the party injured in an action on the case, unless he is expressly authorized, by the contract under which such interest is created, to do the acts complained of; but all rights vested in any tenant for years or for life, on the first day of January, 1849, shall not be affected by this section.† XII. OF WRITS OF MANDAMUS. Writs of manda. mus. Peremptory mandamus. Same subject. Judgment. SECT. 372. The superior court may issue writs of mandamus, in cases in which they may by law be granted, and proceed therein, and render judgment according to the course of the common law. SECT. 373. When a writ of mandamus is issued, requiring the party to whom it is directed to make a return, if such party shall refuse or neglect so to do, the court may issue a peremptory mandamus. SECT. 374. When the party, to whom such writ is directed, shall make a return sufficient on the face of it, if it shall be denied by the other party, the court shall inquire into the truth of it, and, if the court shall find it to be untrue, may issue a peremptory mandamus, in the same manner, and on the same principles, as if the return was insufficient; and may render judgment for the complainant to recover his costs, and grant execution for the same; but if the return shall be found to be true and sufficient, the court may render judg ment in favor of the party complained of to recover his costs against the complainant. *Fraud the gist of the action. Armstrong v. Ayres, 19 C. R. 540. Verdict of the jury must either find or negative fraud. Day v. Webb, 23 C. R. 140. No defense that the debtor has since made an assignment in insolvency. Cowles . Day, 30 C. R. 406. The object of the law, and what damages plaintiff should recover. Same. At common law, tenant for life by act of party not impeachable for waste. Moore v. Ellsworth, 3 C. R. 483. This section embraces tenancies for life created by will. Hamden v. Rice 24 C. R. 350. When a mandamus will lie, and proceedings therein. Strong's case, Kirby, 345; Fuller. Plainfield Academic School, 6 C. R. 532; Treat v. Middletown, 8 C. R. 243. Burr v. Norton, 25 C. R. 103. State v. Hartford & New Haven R. R. Co. 29 C. R. 588. When a mandamus will not lie. Meacham v. Austin, 5 Day, 283; American Asylum v. Phoenix Bank, 4 C. R. 172. Imlay v. City Court of Hartford, 28 C. R. 445. Colt . Roberts, 28 C. R. 8830. State attorney may apply for a mandamus. State v. Hartford & New Haven R. R. Co. 29 C. R. 538. On application for mandamus for delivery of property, ownership must be alleged. Meriden Brittania Co. v. Whedon, 31 C. R. 118. |