Form No. 12606.1

To Abraham Kent, Justice of the Peace of Suffolk County:

The subscriber applies for process and proceedings to remove Richard Roe from the possession of the premises hereinafter mentioned, on the grounds set forth in the following petition:

Staffe of New York, }

County.

SS.

The petition of John Doe respectfully represents and shows that he is landlord of the premises hereinafter described, and that on or about the first day of January, 1890, he rented unto Richard Roe, as tenant, the premises situate in (Here describe premises), for the term of two years commencing on the first day of January, 1890, and ending on the first day of January, 1892, which said term has expired, and that the said tenant entered into the occupation of said premises under said agreement. That the said Richard Roe, as tenant, and John Fen, undertenant, hold over and continue in possession of the said premises, without the permission of the said landlord, after the expiration of the tenant's term therein.

Therefore your petitioner prays for a final order to remove said tenant and undertenant from said premises.

And your petitioner will ever pray, etc.

(Date, signature and verification as in Form No. 12610.)

Form No. 12607.2

To Abraham Kent, Justice of the Peace, Adams County:
The complaint of John Doe most respectfully sets forth:

That he is the owner of a certain tenement, with the appurtenances thereto belonging, situate and being in (describing premises) in said county; that being in lawful and peaceful possession of said premises, on the first day of August, 1871, he demised the said premises to a certain Richard Roe, for a full term of one year, from the first day of August, 1871, at the rent of fifty dollars per month, which said term is fully ended; and that the complainant being desirous upon the termination of said term to have again and repossess the said premises for that purpose, did on the sixteenth day of April, 1872, last past, demanded and required the said Richard Roe to remove from and leave said premises; and that the said Richard Roe hath hitherto refused and still doth refuse to comply with said notice and demand; and that three months having elapsed since the service of said notice, said complainant therefore makes this complaint in order that such proceedings may be taken by you herein as are directed by act of the assembly in such cases made and provided.

John Doe. Sworn and subscribed before me the sixth day of August, A. D.

1872.

Abraham Kent, Justice of the Peace.

1. New York.-Code Civ. Proc. (1899), 82231 et seq., 2235. See also, generally, supra, note 6. p. 42.

2. Pennsylvania. - Bright. Pur. Dig.

(1894), p. 1165, § 20. See also, generally, supra, note 6, p. 42.

The justice's record in a proceeding to recover possession of leased premises

Form No. 12608.1

In Justice's Court.

Before Abraham Kent, J. P.2

John Doe, the plaintiff aforesaid, alleges:3

First: That he is the owner and lessor of the following described property (describing premises) situate, lying and being in the county of Hughes and state aforesaid.

Second: That on or about the first day of January, 1890, the plaintiff let, leased and rented unto the defendant, Richard Roe, of the city of Pierre in said county, the said premises for the term of two years from the first day of January, A. D. 1890,* which said term expired on the first day of January, A. D. 1892.

Third: That on the second day of January, 1892, the plaintiff served upon the defendant due notice, in writing, demanding the possession of said premises; that said notice is hereto annexed and made a part of this complaint, and was duly served on the defendant Richard Roe more than three days before the commencement of this action.

Fourth: That said defendant holds over and continues in possession of said premises without the permission of this plaintiff.

Wherefore, the plaintiff prays judgment for final order to remove the said Richard Roe from said premises, and that the possession of the same, by the order of this court, be delivered to the plaintiff, besides costs of this action, and forty dollars damages for the detention of the possession of said premises.

By Jeremiah Mason, Plaintiff's Attorney. (Verification.)1

The State of Texas, }

Ellis County.

SS.

John Doe, Plaintiff.

Form No. 12609.3

To Abraham Kent, Justice of the Peace, within and for said Ellis County:3

I, Isaac Cooper, complaining against Richard Roe, state:

That I am a resident of the said county of Ellis; that said Harold D. Marchbanks is a resident of said county of Ellis; that I am justly entitled to the possession of lots numbers one and two in block number fourteen in the town of Waxahatchie, together with the storehouse and warehouse thereon situated, of which said premises on the first day of January, A. D. 1855, I was actually seised and possessed, and being so seised and possessed I leased the said premises on said first day of January, A. D. 1855, to said Harold D. Marchbanks for the term of one year, commencing on said first day of January, A. D. 1855, which said term has now ended and expired; that the said Harold D. Marchbanks unlawfully and wilfully holds over said premises, storehouse and warehouse, and unjustly detains possession of the same from me, the said Isaac Cooper, and refuses to give possession thereof to me, notwithstanding possession of said premises as being by me duly demanded in writing of said Harold D. Marchbanks. Wherefore I, the said Isaac Cooper, pray that such proceedings may be had herein as by the law in such cases directed, to the end that possession of said premises may be restored to him.

Isaac Cooper.

davit set out in Cooper v. Marchbanks, 22 Tex. I.

3. Any justice of the peace of the precinct where the property is situated shall have jurisdiction to hear and determine any case. Tex. Rev. Stat. (1895), art. 2522.

4. Verification.-Complaint must be verified. Tex. Rev. Stat. (1895), art.

bb. BY AGENT.

Form No. 12610.1

To the Municipal Court of the City of New York, to be held in the Tenth District of the Borough of Manhattan:2

The petition of John Fen respectfully shows that your petitioner is the agent of John Doe,3 landlord of the following premises, to wit: three rooms numbered 5, 6 and 7, on the second floor, north side, in the house and premises known as number 156 West Fourteenth street, in the tenth district of the borough of Manhattan, in the city of New York, and that on or about the first day of January, 1898, said John Doe entered into an agreement with Richard Roe,* as tenant, whereby the said tenant hired the aforesaid described premises from the said landlord for the term of one month from the first day of January, 1898, and by the month only from month to month thereafter, which said last term expired on the first day of February, 1898, that said tenant entered into the occupation of said premises and still occupies the same, and that said tenant and the assigns of said tenant (or undertenants or legal representatives of said tenant, specifying who are undertenants or assigns, etc., if any, as the case may be), hold over and continue in possession of said premises after the expiration of the said term, without the permission of this petitioner, or the landlord thereof, and that your petitioner is duly authorized to commence proceedings to dispossess said tenant and those claiming possession under said tenant.

Petitioner further shows that, at least five days before the expiration of the term aforesaid, there was served upon said tenant, in the same manner in which a summons in summary proceedings is now allowed to be served by law, a notice in writing that the said landlord elects to terminate the said tenancy, and that unless the said tenant removes from said premises on or before the day on which said term expires, the landlord will commence summary proceedings under the statute to remove such tenant therefrom, a copy of which, and an affidavit of the manner of its service, is hereunto annexed.

Wherefore your petitioner prays that a precept may be duly issued, requiring said tenant and each and every person in possession of the said premises or claiming the possession thereof by or through said tenant either as assigns, undertenants, legal representatives or otherwise, to forthwith remove from said premises, or to show cause before said court, at a time and place in said precept to be named, why possession of said property or premises should not be delivered to the petitioner, and a final order made by said court to remove him or them accordingly, and that the petitioner be awarded the costs of these proceedings.

1. New York. Code (1899), SS 2231 et seq., 2235. See also, generally, supra, note 6, p. 42.

2. Jurisdiction.

As to what courts

3. Who may Institute Proceeding. — As have jurisdiction over the proceedings, to what persons are entitled to institute

Dated the sixth day of February, 1898.

(b) Jury of Inquest.2

Form No. 12611.3

(Precedent in Gavit v. Hall, 75 Pa. St. 363.)*

To David Beitler and Robert R. Smith, two of the aldermen in and for the city of Philadelphia, the complaint of Nelson Gavit by A. F. Blair, Agent, most respectfully sets forth: — That he is owner of a certain tenement with the appurtenances situate No. 1419 Race street, in the city of Philadelphia, and was in possession thereof August 1st, 1871, when he demised the said premises to a certain Mary Hall for the full term of one year from August 1st, 1871, at rent of $41.67 per month, which said term is fully ended. The said Nelson Gavit being desirous upon the determination of the said term to have again and repossess his said estate, for that purpose he did on the 16th day of April, 1872, last past, demand and require the said Mary Hall to remove from and leave the same, and that the said Mary Hall hath hitherto refused and still doth refuse