ment of the principal and interest thereof, and to pro- Removal of tenant. 26-1 71L-257 Proviso. Service of notice of removal. CHAPTER 13. A Further Supplement to an act entitled "An act concerning landlords and tenants," approved March twenty-seventh, one thousand eight hundred and seventy-four. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. Any lessee or tenant at will or at sufferance or for a part of a year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants or legal representatives of such tenant or lessee, may be removed from such premises by any district court of any city in the county where such premises are situated, or, if such premises do not lie within a city in which there is a district court then by any justice of the peace of the county where such premises are situated in the manner hereinafter prescribed in the following cases; provided that this act shall not be construed so as to give justices of the peace jurisdiction in cities where district courts are established by law: I. Where any such person shall hold over and continue in possession of the demised premises, or any part thereof, after the expiration of his or her term, and after demand made and notice in writing given for delivering the possession thereof, by the landlord or his agent for that purpose, which notice shall be served either personally upon the tenant or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode, with some member of his family above the age of fourteen years; or where for any reason, such service cannot be had, then the same may be served by affixing a copy of such notice to the door of any dwelling, or such demised premises, occupied by such tenant; II. Where such person shall hold over after any default in the payment of the rent, pursuant to the agreement under which such premises are held. claim, if in city. 27-2 71L-262 2. Any landlord or lessor, his legal representatives, Filing of agents or assigns may make oath in writing to the facts which, according to the preceding section, authorize such proceedings against a tenant and describing therein the premises claimed, and if proceedings are begun under subdivision II of section one of this act, then said oath shall state the amount of rent claimed to be in default, and may file the same with the clerk of any district court of any city within the limits of the county in which the premises are situated, or in case the premises do not lie within a city in which there is a district court, then with any justice of the peace of the With justice county in which the premises are situated, subject to the of the peace. proviso in section one of this act; and on filing such affidavit the clerk or justice of the peace with whom the same is filed, shall issue a summons describing the prem- Summons. ises, in respect of which such proceeding is had and requiring such tenant or any person in possession of said premises or claiming the possession thereof, forthwith to remove from or surrender the same, or to show cause before the court, if issued by the clerk of a district court, or before the justice of the peace, if issued by a justice of the peace, at a certain place and time to be therein specified, not less than five nor more than fifteen days from the date of such summons, why possession of such premises should not be delivered to such claimant, which summons if issued from such district court shall be served in the same manner as other writs of summons issued out of said court, and if issued by a justice of the peace then in the manner prescribed in the act constituting courts for the trial of small causes, and either party may demand and have a trial by a jury of twelve men; provided, that if proceedings shall Proviso. be instituted under the provision of subdivision II of the preceding section, then if the tenant or person in possession of the demised premises shall at any time Proof of termination of tenancy. Service when admission refused. Proviso. Entering judgment of possession. before the time of appearance specified in said summons pay to the clerk of the court out of which said summons was issued, or to the justice of the peace by whom such summons was issued, the rent claimed to be in default by the oath filed with said clerk or justice of the peace, together with the accrued costs of the proceedings, all proceedings shall be stopped and the receipt of said clerk or justice of the peace shall be evidence of such payment, and the said clerk or justice of the peace shall forthwith pay all moneys so received to the landlord or to the person making oath for him. 3. In cases arising under subdivision I of the first section of this act, no judgment for possession shall be ordered in a case of tenancy at will, or from year to year, unless the judge or justice of the peace shall be satisfied by due proof that such tenancy has been terminated by giving three months' notice to quit, which notice shall be deemed and taken to be sufficient, and in tenancies from month to month, one month's notice shall be deemed and taken to be sufficient. 4. Where admission to the dwelling or premises occupied by the tenant is denied to the officer attempting to serve any summons issued under the provisions of this act, or where the tenant resides out of or is absent from the county in which the demised premises are located, and there is no person in actual occupation thereof, it shall be lawful service of such summons, if the said officer shall post or affix a copy of the same upon the door or other conspicuous part of such dwelling or premises, and the said officer shall make a return of such service of such summons accordingly; provided, that in case the tenant shall not be a resident of the county in which said demised premises are situated and the same shall be in the occupation of any other person or persons, then such summons shall be served either personally upon such person or persons, or by leaving the same with a member of his or their family above the age of fourteen years. 5. If at the time appointed in the said summons, or at the time to which said suit may be adjourned, no sufficient cause be shown to the contrary, and it shall appear to the said judge or justice of the peace that the summons has been duly served and (in cases arising under subdivision II of section one of this act) that the rent claimed and costs accrued have not been paid, the said court or justice of the peace shall forthwith enter a judgment for possession and shall issue a warrant to any constable of the county, in which the premises are situate, or sergeant-at-arms of the court, commanding him to remove all persons from the said premises, and to put the said claimant into full possession thereof, and to levy and make the costs out of the goods and chattels of such person or persons in possession; provided, it shall be necessary for said claimant, if re- Proviso. quired by the defendant, to prove to the satisfaction of the judge or the justice of the peace, or of the jury if there be a trial by jury, the facts which, according to the first section of this act authorize such proceedings against the tenant; and whenever in any suit for dispossession of a tenant, on the return day of a summons, or any adjourned day, there is no appearance by or on behalf of any tenant named therein, or if any defendant shall appear, but make no defence, the court or the justice of the peace may, if it appear that the summons has been duly issued and served, hear and determine the cause upon the affidavit filed, without the production of any witnesses or other proofs; provided, that Proviso. no such warrant of removal shall issue until after the expiration of three days after the entry of judgment for possession. upon failure of possession. 6. If upon the said trial the plaintiff shall not be able Dismissal to prove, by lease or other evidence, his right to pos- to prove right session of the premises claimed by him without proving title to lands, tenements and hereditaments, it shall be the duty of the said judge or justice of the peace to dismiss the action. liability. 29-7 7. Proceedings had by virtue of the first section of Landlord's this act shall not be appealed from nor removed by certiorari; but the landlord shall remain liable in an 72L-143 action of trespass for any unlawful proceedings under this act. court has 8. At any time after a summons has been issued, When circuit according to the second section of this act, and before cognizance. the return thereof, either the landlord or the party in 29-8 71L-260 Proceedings, judgment, costs. possession may apply to a justice of the supreme court, who, if he shall deem the case of sufficient importance, may order the said judge or justice of the peace forthwith to file said oath or complaint of the landlord and other papers appertaining to the proceedings in the office of the clerk of the circuit court of the county in which such proceedings were commenced, and thereupon such circuit court shall have full and exclusive cognizance of the case; and said court shall be always open for such purpose. 9. Immediately upon such papers being filed in said ribery, clerk's office, the judge of the circuit court shall cause a venire facias for a jury to be issued, returnable into said court in not more than one week from the time of issuing the same; and which said writ shall be served by the sheriff or other officer according to the practice of said court in like cases; and on the day of the return of the said writ the case shall be tried, unless for good cause shown the said trial shall be adjourned; said adjournment and all other adjournments shall be for the shortest period practicable, and such notice of the trial shall be given as the judge may direct; the parties, if they agree so to do, may waive a trial by jury, and submit the case to the judge on the law and facts, and a judgment shall be entered upon the finding of the judge or the jury, and if the same be in favor of the landlord a writ shall issue to the sheriff of the county commanding him to put the landlord in possession of the premises in question, and to levy, and make the costs out of the goods, chattels and lands of the person in possession; and if judgment be rendered for the defendant he shall have an execution in like manner for his costs. Power of circuit court. 10. Said circuit court shall have the same power with respect to said proceedings, and the same control over the verdict and judgment, as it has in other cases. within its jurisdiction, and from the judgment so entered a writ of error shall lie to the supreme court; but such writ shall not stay the execution of such judgment unless upon an order to that effect, indorsed on said writ by the said circuit judge, and upon a bond with sufficient surety being given in an amount which |