Amendments must be freely Amendments. answer shall be verified. allowed in furtherance of justice, and no continuance must be granted unless it be shown by affidavit to the satisfaction of the justice that good cause exists and that injustice will otherwise be done. In no case shall an adjournment be allowed for more than ten days, except by consent of both parties.

Continuance.

SEC. 5. Sections five hundred and forty-three to five hundred and forty-six, both inclusive, of " An Act Jury trial. to regulate proceedings in civil cases in the courts of justice in this Territory," etc, shall be applicable to proceedings under this act.

Findings.

Judgment.

SEC. 6. If the finding of the court or the verdict of the jury be for the plaintiff the damages shall also be assessed and judgment shall be thereupon entered for a restitution of the premises and the amount of damages assessed, together with the costs of the proceedings. The finding, or verdict, and judgment may be for the plaintiff as to a part of the premises, and for May be for the defendant, or other person in possession appear- part ing and contesting the plaintiff's right, as to the balance; and in all cases the judgment shall be according to the fact.

Writ of restitu

desired.

SEC. 7. If judgment be given for the defendant the plaintiff may appeal as in other cases of judgment Appeal. rendered in justice's courts. If judgment be for the plaintiff he shall be entitled to a writ of restitution within two days. If the defendant shall desire a stay tion. of proceedings he shall, within that time, give an undertaking, to be approved as in other cases of under- Undertaking takings required by law, in such sum as the justice when stay is shall determine, taking into consideration the nature of the property, and the time that may elapse before the appeal can be heard and determined, to the effect that the appellant will abide by the judgment of the Appellate Court, and will pay the amount of the judgment appealed from, if affirmed, and any other amount, and all costs that may be recovered against him in the Appellate Court; and the writ of restitution shall thereupon be stayed. If no stay of proceedings be In other cases. desired, the defendant may appeal as in other cases of appeal from a justice's court.

SEC. 8. It is not lawful within this Territory to dis- Distraint abol train for rent.

ished.

Implied covenants.

Tenancy of city lots.

Of agricultural land.

how served.

SEC. 9. The only covenants implied in the contract of leasing are: First, on the part of the lessor for quiet enjoyment of the demised premises, and that the lessee shall have possession during the continuance of the term demised; and Second, on the part of the leesee, that he will use the demised premises in a reasonable and careful manner for the purposes for which they were demised.

SEC. 10. In ordinary leases, unless otherwise specially agreed in writing between the parties, the tenancy shall be held to be: First, if of improved town or city lots, a general tenancy at will from month to month, and may be terminated by either party by a written notice to quit of not less than fifteen days; Second, if of improved town or city lots, agricultural lands or other real property, a general tenancy at will from year to year, and may be terminated by either party by a written notice to quit of not less than three months.

SEC. 11. The notices mentioned in the preceding Notice to quit, Section must be served: First, if on the landlord, by delivering it to him personally, or to his agent, or leaving it at the usual or last place of residence of either; Second, if on the tenant, by delivering it to him personally or to some person of discretion residing on the premises; or, if neither can be found after reasonable search, by affixing it to some conspicuous part of the premises where it may conveniently be read.

Forfeiture for non-payment of rent.

SEC. 12. Non-payment of rent upon demand, when due, and for three days thereafter shall, at the option of the landlord, terminate the tenancy without notice to quit, and the landlord shall have the right of re-entry Tenant hold- immediately. A tenant under a written lease, holding over after the expiration of his term, is not entitled to a notice to quit but may be ejected by order of any court having jurisdiction.

ing over.

plicable to what cases.

SEC. 13. The remedies provided by this act apply Remedies, ap- to all cases when a person unlawfully detains possession of real property, whether the relation of landlord and tenant exist by express agreement or by implication of law; and also to all cases of the expiration of a term by forfeiture upon breach of condition; provided, that by the terms of the lease the landlord shall have reserved the right of re-entry upon such breach.

entry.

SEC. 14. Upon the termination of a tenancy in any of the cases mentioned above, if the tenant shall fail to Right of resurrender possession within three days, the right of the landlord to re-enter shall be perfect.

holding over

SEC.. 15. If any tenant or person collusively with him, shall hold over any real property after the right of Penalty for re-entry by the landlord has become perfect, as above provided, such person is liable to pay, and the landlord may recover, double rent for the time of such unlawful holding, and any special damages sustained by reason thereof.

Bawdy or gam

SEC. 16. When any premises are used or occupied as a bawdy house, or house of assignation, or for gambling bling houses. purposes, the landlord may at any time, without previous notice, consider the lease or tenancy under which such premises are held as forfeited; and such proceedings may thereupon be had as upon forfeiture for nonpayment of rent.

SEC. 17. Summary proceedings to evict persons unlawfully withholding possession of real property, after the determination of a tenancy in any of the modes. specified above, may be had as provided in Sections two to seven, both inclusive, of this Act.

Proceedings.

SEC. 18. Any person contesting the right of the plaintiff in any proceeding commenced under this Defense. Act shall not be allowed to deny the title of the landlord, but he may deny and disprove any material fact upon which the summons was issued, and he may show that the landlord's title has been extinguished or terminated by a conveyance or by operation of law.

SEC. 19. The term "Real Property," as used in this Act, includes lands, tenements and all corporeal heredi- Real propertaments, ditches and canals.

ty" defined.

SEC. 20. When not otherwise provided herein, proceedings under this Act shall be had in conformity to "An Act to regulate civil proceedings in the Courts Adopting Civil of justice of this Territory," etc., approved February 17th, 1870.

Practice Act.

Repealing sec.

SEC. 21. Sections two and three of "An Act declaring certain things to be property, specifying the owner tion. thereof, defining the mode for recovering its possession and providing for redress of any grievances that may arise under this Act," approved January 20, 1860, are hereby repealed.

CHAPTER XXII.

An Act further amending "An Act prescribing the manner of assessing and collecting county and Territorial taxes and for other purposes." (Approved February 16th, 1872.)

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That "An Act preAmendment. scribing the manner of assessing and collecting county and Territorial taxes and for other purposes." approved January twentieth, eighteen hundred and sixty-five, be and the same is hereby amended by adding the following additional sections, viz:

Collection of

sons removing, etc.

In cases where a resident assessed in any county taxes of per within the Territory of Utah removes to another county in said Territory without having paid the tax or taxes standing against him, it shall be the duty of the Assessor and Collector of the county from whence the delinquent has removed to report the amount of tax or taxes due from said delinquent to the Assessor and Collector of the county to which the said delinquent has removed, and the Assessor and Collector receiving such report of delinquency is hereby authorized and required to collect such delinquent tax or taxes as in other cases provided in Section ten of the Act to which this is an amendment.

Fees of tax
Collectors.

SEC. 2. Assessors and Collectors who shall collect delinquent taxes, as herein provided, shall be entitled to one half of the percentage allowed them by the County Courts of their respective counties, and shall promptly remit the amount collected under the foregoing Section, less said percentage, to the Collector from whom is received the report of delinquency, who shall be entitled to percentage amounting to the difference between the amount allowed the Collector remitting him the money and the allowance allowed by the County Court of the county where the tax originated.

CHAPTER XXIII.

An Act to amend an Act incorporating Kaysville City, Davis County, approved February thirteenth, eighteen hundred and sixty eight.

(Approved February 16th, 1872.)

Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That all that district of country in Davis County embraced in the following boundaries, Boundaries. to wit: Commencing at the south-east corner of the south-west quarter of section one, in township three north, range one west, thence north five miles to the north-east corner of the north-west quarter of section thirteen, township four north, range one west, thence west two and a half miles to the north west corner of section fifteen, township four north, range one west, thence south-west to the north-west corner of section thirty-one, township four north, range one west United States survey, Salt Lake meridian, thence south about three-fourths of a mile to the shore of Great Salt Lake, thence in a south-easterly direction along the shore of said lake about three miles to the precinct line between Farmington and Kaysville, thence northeasterly along said precinct line to where it intersects with the first sectional line south of the township line between townships three and four north, range one west, thence east to the place of beginning, shall be known and designated under the name and style of Kaysville City, with all the rights and privileges in the Act approved February thirteenth, eighteen hundred and sixty-eight, and that all that portion of Section one of an Act incorporating Kaysville City, Davis County, defining the boundaries of said city is hereby repealed.