the trustee process is returnable, or for other sufficient cause may not be able to attend court, and either party desires that his disclosure shall be taken, application in writing may be made to any justice of the peace for that purpose, stating the cause thereof.

SEC. 27. Such justice shall, if he deems the cause sufficient, cause such notice to be given to the adverse party as is given in the case of depositions, and may, at the time and place of hearing, proceed to take such disclosure, which shall be by written interrogatories and answers, and signed and sworn to by said trustee. Upon the return of any such disclosure into court, judgment may be rendered thereon, or such further proceedings had as equity may require.

SEC. 28. Upon disclosure made by any person summoned as trustee, the creditor may move the court that the question whether such person is trustee or not, be tried by the jury; and upon payment of the trustee's costs up to the time of filing such motion, unless the court shall restrict the same, an order shall be made and an issue framed for the trial of such question; and on such trial the disclosure so made and any other competent evidence may be offered, and judgment shall be rendered on the verdict as in other cases against trustees. In any such case the debtor may be a competent witness.

SEC. 29. If, on such trial, judgment shall be rendered against the trustee for a greater amount or for other property than he would have been chargeable for on his disclosure, judgment shall be rendered against him for costs also, including costs so paid him as aforesaid; otherwise the trustee shall recover his costs.

SEC. 30. When any person shall be adjudged a trustee of any debtor as aforesaid, except where it is otherwise specially provided, judgment shall be rendered and execution issue against such trustee, his own goods and estate therefor, or for so much thereof as will satisfy the judgment obtained against the principal defendant, in the same manner as if such suit were brought against him personally; but no judgment shall be rendered against the trustee or against the principal defendant, unless such defendant has been duly summoned or notified of such suit.

SEC. 31. If any person summoned as trustee is chargeable as such, and the principal defendant has had no personal notice of such suit, the trustee may appear and defend such suit for such defendant, and may have a continuance for the purpose of notifying such defendant, upon such terms as the court shall order, and such costs shall be awarded for or against such trustee as equity may require.

SEC. 32. If it shall appear to the court that there is fraud and collusion between the creditor and trustee, the court may refuse to admit such trustee to appear and defend as aforesaid, or may order such notice to be given to the debtor as will be most likely to be effectual, or proper security to be filed for the protection of the

rights of such defendant, before judgment shall be rendered against him.

SEC. 33. When real estate shall be attached on any such process, any person summoned as trustee in such process may be required to disclose the grounds of his claim, if any he have, to the same; and if it shall appear on the disclosure that it was conveyed to him to prevent its being seized on mesne process or execution against the principal debtor, or for the purpose of delaying or defrauding any creditor, or that he holds the same by a title apparently absolute, but which is in fact on any trust for such debtor or other person, judgment shall be rendered against such trustee for costs.

SEC. 34. Whenever it shall appear that any person summoned as trustee has received the property of the principal defendant, or holds any bill of sale or other conveyance from him, or has done any act in relation thereto, with intent to aid him in defeating or delaying any creditor, costs shall be taxed against such trustee.

SEC. 35. In all cases where the trustee has not been guilty of fraud or unnecessary delay, he shall be entitled to his costs; and the court may order the same to be deducted from the amount for which such trustee is adjudged chargeable, or may render judgment and issue execution therefor, or make such order touching the same as equity may require.

SEC. 36. Two or more persons severally liable may be summoned as trustees in the same process, and their disclosures and all other proceedings shall be several, and judgment shall be rendered for such sum as the court shall order for or against each severally, and execution shall issue therefor accordingly.

SEC. 37. Execution may be issued by the court against the principal defendant for any balance due to the plaintiff, on his judgment recovered against such defendant in any trustee suit, beyond the amount for which the trustee or trustees in such suit are chargeable, and further executions may be issued from time to time against such defendant or any trustee, as the court may order, until such judgment shall be satisfied in full.

SEC. 38. Any money, goods, chattels, rights or credits or any property of any description of any debtor, taken by the provisions of this chapter out of the possession of any trustee, shall fully discharge such trustee, his executors or administrators, from all actions or causes of action in favor of such debtor, his executors or administrators; and if any such trustee shall be sued therefor, or for any thing done by virtue of the provisions of this chapter, he may plead the general issue and give the special matter in evidence under it.

SEC. 39. Any trustee process may be brought and maintained before any justice of the peace, where the sum demanded in damages shall not exceed thirteen dollars and thirty-three cents, and all the several provisions in this chapter contained, not restricted

to the court of common pleas, so far as the same are applicable to and not inconsistent with process before a justice of the peace, shall be deemed to apply thereto.

SEC. 40. If any trustee named in any such process resides out of the county in which the same is brought, the writ and any execution issued against such trustee shall be directed to the sheriff of any county in this State, or his deputy, or to any constable of the town in which such trustee resides.

SEC. 41. When the trustee in any such suit resides out of the county in which the process is brought, the plaintiff shall file a bond, to be approved by the justice before whom the suit is brought, and in such sum as he shall order, running to such trustee, and conditioned to pay all costs which such trustee may recover in such suit, which bond shall be filed with such justice, and a minute thereof made on such writ and signed by him before the service of such writ on any such trustee.

SEC. 42. The fees of every trustee in any court for actual necessary attendance as trustee, shall be the same as that of a witness.

SECTION 1. Any lessor or owner of any lands or tenements, may at any time determine any lease at will or tenancy at sufferance, by giving to the tenant or occupant a notice in writing to quit the same at a day therein named.

SEC. 2. If any tenant or occupant neglects or refuses to pay the rent due and in arrear, upon demand, seven days' notice shall be sufficient. If the rent is payable more frequently than once in three months, whether such rent is due or not due, thirty days' notice shall be sufficient, and three months' notice shall be sufficient in all cases.

SEC. 3. If any lessee shall violate the condition of any written lease, notice to quit at the end of seven days shall be sufficient and equivalent to an entry for condition broken.

SEC. 4. If any lessee shall hold over after the expiration of a definite written lease, seven days' notice shall be sufficient.

SEC. 5. Every tenancy or occupancy shall be deemed to be at will and the rent payable upon demand, unless a different contract is shown.

SEC. 6. Any lessee may terminate his lease by notice in writing in the same manner as the lessor, and such notice shall have the same effect for all purposes as a notice by the lessor to the lessee.

SEC. 7. The owner or lessor of any tenement or real estate may recover possession thereof, against any lessee or occupant holding the same without right, after a notice to quit the same, in the manner herein prescribed.

SEC. 8. A writ of summons may be issued returnable before a justice, which shall set forth in substance, that the plaintiff is entitled to the possession of the demanded premises, and that the defendant is in possession of the same without right, after notice in writing to quit the same.

SEC. 9. Such writ shall be served seven days before the return day thereof, in the same manner as other writs of summons should by law be served.

SEC. 10. If the defendant shall make default, or if, on trial, it shall be considered by the justice that the plaintiff has sustained his complaint, judgment shall be rendered that the plaintiff recover possession of the demanded premises and costs.

SEC. 11. A writ of possession shall be thereupon issued by said justice, substantially in the form prescribed by law in the case of like writs issued by the court of common pleas.

SEC. 12. If the plaintiff shall neglect to enter his action or to support the same, judgment shall be rendered for the defendant for his costs.

SEC. 13. Under the general issue, the defendant shall not be allowed to offer any evidence which may bring the title to the demanded premises in question.

SEC. 14. If the defendant shall plead any plea which may bring in question the title to the demanded premises, he shall recognize to the plaintiff, with sufficient sureties, in such sum as the justice shall order, to enter and prosecute said action at the next court of common pleas for the county, and to pay all rent then due or which

shall become due, pending said action, and the damages and costs which may be awarded against him.

SEC. 15. If the defendant shall neglect or refuse so to recognize, judgment shall be rendered against him in the same manner as if he had refused to make answer to the suit.

SEC. 16.

After the filing of such plea and the entry of such recognizance, no further proceedings shall be had before such justice, but the action may be entered and prosecuted in the court of common pleas, in the same manner as if it were originally commenced there.

SEC. 17. Any party aggrieved by the judgment of any justice upon issue joined in such case may, within two hours after the rendition of such judgment, appeal to the next court of common pleas for the county.

SEC. 18. The plaintiff, before his appeal is allowed, shall recognize to the defendant, with sufficient sureties, in such sum as the justice may order, to enter and prosecute his appeal and to pay such costs as may be awarded against him.

SEC. 19. The defendant, before his appeal is allowed, shall recognize to the plaintiff, with sufficient sureties, in such sum as the justice may order, to enter and prosecute his appeal and to pay all rent then due or which may become due, pending such suit, and such damages and costs as may be awarded against him.

SEC. 20. The party appealing shall produce certified copies of the whole case at the court appealed to, and either party may there offer any evidence in the same manner as if the cause had been originally commenced there.

SEC. 21. If the appellant shall neglect to enter his appeal or to produce such copies, the court, on complaint of the appellee, shall affirm the former judgment with additional damages and costs.

SEC. 22. Nothing in this chapter shall be construed to prevent any landlord from pursuing his legal remedy at common law.

CHAPTER 223.

OF REFERENCES OF DISPUTES BY CONSENT, AND CONFESSIONS OF DEBT BEFORE A JUSTICE OF THE PEACE.