the rights of the parties. The Court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending.

1139. (§ 378.) Judgment must be entered in the judgment book as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment constitute the judgment roll.

1140. (§ 379.) The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal.

Judgment other cases, costs prior

on, as in but without

to notice of trial.

Judgment may be enforced or appealed from as in an action,

CHAPTER III.

DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS.

SECTION 1143. Persons confined may be discharged.

1144. Notice of application.

1145. Service of notice.

1146. Examination before Judge.

1147. Interrogatories may be in writing.

1148. Oath to be administered.

1149. Order of discharge.

1150. If not discharged, prisoner may again apply, when.
1151. Discharge final.

1152. Judgment remains in force.

1153. Plaintiff may order discharge of prisoner, who shall
not thereafter be liable to imprisonment for the same
cause of action.

1154. Plaintiff to advance funds for support of prisoner.

confined

1143. Any person confined in jail, on an execu- Persons tion issued on a judgment rendered in a civil action, may be must be discharged therefrom upon the conditions in this Chapter specified.

1144. Such person must cause a notice, in writing, to be given to the plaintiff, his agent, or attorney, that at a certain time and place he will apply to the Judge

discharged.

Notice of tion.

applica

Service of notice.

Examination before Judge.

Interrogatories may be in writing.

Oath to be adminis

tered.

Order of discharge.

of the District Court of the county in which such person may be confined; or, in case of his absence or inability to act, to the Judge of the County Court of the county in which such person may be imprisoned, for the purpose of obtaining a discharge from his impris

onment.

1145. Such notice must be served upon the plaintiff, his agent, or attorney, one day at least before the hearing of the application.

1146. At the time and place specified in the notice, such person must be taken before such Judge, who must examine him under oath concerning his estate and property and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed; and such Judge may also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor.

1147. The plaintiff in the action may, upon such examination, propose to the prisoner any interrogatories pertinent to the inquiry, and they must, if required by him, be proposed and answered in writing, and the answer must be signed and sworn to by the prisoner.

9

1148. If, upon the examination, the Judge is satisfied that the prisoner is entitled to his discharge, he must administer to him the following oath, to wit: “I, do solemnly swear that I have not any estate, real or personal, to the amount of fifty dollars, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to hinder, delay, or defraud my creditors, so help me God."

1149. After administering the oath, the Judge must issue an order that the prisoner be discharged

from custody, and the officer, upon the service of such order, must discharge the prisoner forthwith, if he be imprisoned for no other cause.

discharged,

may again

apply,

1150. If such Judge does not discharge the pris- If not oner, he may apply for his discharge at the end of prisoner every succeeding ten days, in the same manner as when. above provided, and the same proceedings must thereupon be had.

final.

1151. The prisoner, after being so discharged, is Discharge forever exempted from arrest or imprisonment for the same debt, unless he be convicted of having willfully sworn falsely upon his examination before the Judge, or in taking the oath before prescribed.

remains in

1152. The judgment against any prisoner who is Judgment discharged remains in full force against any estate force. which may then or at any time afterward belong to him, and the plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been committed.

1153. The plaintiff in the action may at any time order the prisoner to be discharged, and he is not thereafter liable to imprisonment for the same cause of action.

1154. Whenever a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent, or attorney must advance to the jailer, on such commitment, sufficient money for the support of the prisoner for one week, and must make the like advance for every successive week of his imprisonment; and in case of failure to do so, the jailer must forthwith discharge such prisoner from custody, and such discharge has the same effect as if made by order of the creditor.

Plaintiff discharge

may order

of prisoner, who shall not thereafter be liable, etc.

Plaintiff to funds for prisoner.

advance

support of

CHAPTER IV.

SUMMARY PROCEEDINGS

FOR OBTAINING POSSESSION OF

REAL PROPERTY IN CERTAIN CASES.

SECTION 1159. Forcible entry defined.

1160. Forcible detainer defined.

Forcible

entry defined.

Forcible detainer defined.

1159. Every person is guilty of a forcible entry who either:

1. By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property;

or,

2. Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession.

1160. Every person is guilty of a forcible detainer who either:

1. By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise; or,

2. Who, in the night-time, or during the absence Same. of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant.

The occupant of real property, within the meaning of this subdivision, is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands.

1161. A tenant of real property, for a term less Unlawful than life, is guilty of an unlawful detainer:

1. Where he continues in possession of the property, or any part thereof, after the expiration of his term, without the permission of the landlord; but in case of a tenancy at will or sufferance, it must first be terminated by notice, as prescribed in THE CIVIL CODE;

2. Where he continues in possession, after a neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held, and three days notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him;

3. Where he continues in possession, without such permission, after default in the payment of rent pursuant to the agreement under which the property is held, and three days notice, in writing, requiring payment of the rent or possession of the property, shall have been served upon him.

detainer defined.

notice.

1162. The notices required by the preceding sec- Service of tion may be served, either:

1. By delivering a copy to the defendant personally; or,

2. If he be absent from his place of residence, and from his usual place of business, by leaving a copy