
    Fahnestock and others against Faustenauer.
    
      Monday, May 24.
    In proceedings under the landlord and tenant act, it seems the facts should be found by the inquisition expressly, and not by reference to the venire facias.
    But a finding, that the facts stated in the venire facias are true is not sufficient, where several facts are therein stated; if the jury mean that all the facts are true, they should say so.
    The inquisition should expressly find that the term was fully ended.
    An inquisition is not good, that leaves the necessary facts uncertain, and to be made out by conjecture or inference. They should be clearly and positively found.
    If a lease is made for a year, and the tenant is afterwards permitted to remain from year to year, a notice in the first month of a new year to quit in three months, is illegal. The tenant has a right to hold for that year.
    Certiorari.
    
      CERTIORARI to George Matter and Samuel Carpenteru esclu^resi t0 remove the following proceedings before them, under the landlord and tenant act.
    
      Lancaster county, ss. ^
    The Commonwealth of Pennsylvania to the Sheriff of the county of Lancaster, — Greeting:
    Whereas, due proof has been made before us, the subscribers, two of the justices of the peace of the county of * * j Lancaster, by arid on behalf of Samuel Fahnestock, Obed Fahnestock, Christian Bowman, Abel Witwer, and Jacob Koenigmacher, Trustees of the German Religious Society of Seventh day Baptists at Ephrata, that the said religious soc*etyi on the 10th day of April, in the year of our Lord, 1810, were quietly and peaceably possessed of a certain messuage and lot of land containing three-fourths of an acre, situate in the township of Cocalico, in the said county, and being so thereof possessed, on the day and year aforesaid, at the county aforesaid, the said religious society demised the same to a certain John Faustenauer, for the term of one year, then next ensuing, he, the said John Faustenauer rendering a certain rent therefor to the said society ; by virtue of which saj¿ demise, the said Tohti Faustenauer, on the day and year ’ J , , • aforesaid, at the county aforesaid, entered into the possession the premises aforesaid, and still holds and detains the same, to the great damage of the said trustees, notwith- , ° . . -n * standing he, the said John Laustenauer, on the twenty-sec°nd day of April last past, and at divers other days and times as well before as after, at the county aforesaid, was required by the said trustees to remove therefrom and deliver UP ^ Possess‘on thereof to the said trustees. These are therefore in the name and by the authority of the Commonwealth aforesaid, to command you to summon the said John Faustenauer to appear before us, the said justices, at the inn of John Baughman, at 10 o’clock of the forenoon of the 30th day of July, instant, to shew cause why he ■will not; and also that you summon twelve substantial freeholders of your bailiwick, to appear before us at the time and place aforesaid, to inquire into the truth of the premises. And hereof fail not at your peril.
    Given under our hands and seals, this 27th day of July, in the year of our Lord 1814.
    
      GEO. MATTER. (seal.)
    
      SAM’L, CARPENTER, (seal.)
    
      Lancaster county, ss.
    
    Due proof of the complaint and other matters within mentioned, has been duly made before us at the time of issuing the within precept.
    
      GEO. MATTER.
    
    
      SAM’L. CARPENTER.
    
    
      Lancaster county, ss.
    
    An inquisition indented and taken at the dwelling house of John Baughman, inn-keeper in the borough of Lancaster, in the said county, on the thirtieth day, in the year of our Lord one thousand eight hundred and fourteen, before George Matter and Samuel Carpenter, esquires, two of the justices of the peace, in and for said county, by the oaths and affirmations of John Whiteside, [and others,] twelve substantial freeholders of the said county, who, upon their oaths ■and affirmations aforesaid, do say, that the facts stated in the within venire facias are true.
    And the said freeholders do assess damages against the said John Faustenauer, for the unjust detention of the said premises, to twenty-one dollars and thirty-three cents, besides all costs of suit.
    Whereupon, it is considered by the said justices, that restitution of the said demised premises be made to the said trustees within named, for the use of the said religious society, and that the said trustees recover for the use of the said society, the said damages, together with the costs of the said suit, amounting to-- — —-
    In testimony whereof, as well the said freeholders, as the justices aforesaid, have hereunto set their hands and seals at the borough aforesaid, on the day and year aforesaid.
    [Signed and sealed by the justices and freeholders.^ L
    rjijjg a]30ve inquisition was taken on the 30th July, 1814. The defendant was dispossessed under these proceedings, and the damages and costs levied on the warrant of the justices. The delay from that time had been occasioned by a former writ of certiorari from the Court of Common Pleas having been taken out, in which the names of the parties were incorrectly stated.
    Hopkins, for the plaintiff,
    moved to quash the certiorari, on the ground, that a certiorari would not lie from the Supreme Court to remove proceedings under the landlord and tenant act: but the contrary having been decided by this Court, in Lenox v. M'Call, 3 Serg. & Rawle, 95,
    
    The Court rejected the motion.
    
      J. M. Porter and G. B. Porter, for the defendant,
    then took the following exceptions to the proceedings.
    1. The lease commenced the 10th April, 1810, and was for one year. The notice to quit was given on the 22d April, 1814. The statement, that notice was given “ at divers other days and times, as well before as after,” is a mere general averment, and amounts to nothing. After the expiration of this lease, on the 10th April, 1811, the defendant was, agreeably to the custom in Pennsylvania, tenant from year to year; and could not be dispossessed without a notice to quit, given three months previous to the end of a year. 2 Bl. Com. 147. Brown v. Vanhorn.
      
      . W. Black. Rep. 1075. 1224. 2 Salk. 413. Act of 21st March, 1772. Purd. Dig. 579. The inquisition is defective in not finding under what title the defendant occupied from the 10th April, 1811, to the 22d April, 1814; but the finding of only 21 dollars and 33 cents damages is strong evidence, that the lease had continued from year to year.
    2. The inquisition in its date has no month.
    3. In the original judgment the justices have left the costs blank.
    
      4. The jury have found damages besides costs. They had no right to find costs.
    
      5. The facts are found in the inquisition only by reference to the venire facias. They say, “ that the facts stated in the within venire facias are true.’’ The facts stated in the venire facias are a recital, that “ due proof had been made before the justices.”
    6. The venire facias says, that the lease was made “ at a certain rent,” without saying what rent.
    
      7. The inquest does not find that the term was ended.
    Hopkins, contra.
    1. The first contract was a lease for one year from the 10th April, 1810; therefore, at the end of one year-the defendant was tenant at sufferance. 2 Bl. Com. 349. 4 Johns. 150. Our act of assembly requires nothing more than notice to quit, and three months refusal to comply by the tenant, to justify the application to the justices.
    2. The want of the month in the date of the inquisition is immaterial. The jury have found that notice to quit was given three months prior to the application to the justices. An omission of date is cured by verdict. 7 Bac. Ab. 42. Salk. 662. 5 Mod. 387.
    
    3 and 4. The jury have found nothing but the damages, and the justices have given judgment for the damages and the costs.
    5. The inquisition finds, that the facts stated in the venirefacias are true ; and the venire facias states all the facts required by the act of assembly.
    6 and 7. It is not necessary to find what the rent was. No particular form is required in these proceedings. They should be liberally construed, 1 Johns. Cas. 20. 1 Caine’s, 593. 3 Caine’s, 152. 174. 187. 3 Johns. 436. 10 Johns. 104. 240.
    
      Reply. The act of assembly does not apply to the case of, a tenant by sufferance; it applies only to tenants for years, or at will.
    
      
       1 Binn. 334.
    
   The opinion of the Court was delivered by

Tilghman C. J.

This is a proceeding under the landlord and tenant act, instituted by Samuel Fahnestock and others against John Faustenauer. The complainant made an appliestion to two justices, who issued a venire facias, by virtue of which a jury was summoned, and an inquest held. The gntjjng 0f the jury was very singular ; barely, “ that the facts stated in the within venire facias, are true.’’ What then arc the facts stated in the venire facias ? The venire facias contains a recital, that it had been proved before the justices, &c. [His honour here read the recital in the venire facias.] Now what is the meaning of the inquisition ? Is it meant, that it was true, that due proof had been made before the justices of the other facts stated in the venire ? If that was the meaning, the finding is insufficient, because the jury themselves must find the truth. But it is said, on behalf of the complainants, that the meaning was, that the facts concerning the lease, &c. were true ; and that the finding was good, because it was rendered certain by reference to the venire. I have never known an inquisition of this kind, and it would be difficult to support, even if -the reference were made with greater precision than is done in this.

But I do not think that this can be supported, for several reasons. There are many facts stated in the venire facias, and if the jury meant that all those facts were true, they should have said so expressly; because some may be ti-ue, and some not so. I think too, that it should have been expressly found, et that the term was fully endedf for so the act of assembly requires. In truth, I am at a loss to understand from this record, what was the real situation of the landlord and tenant. A lease was made on the 10th April, 1810, for the term of one year then next ensuing, by virtue of which the tenant entered into the possession of the premises at the commencement of the lease, and held and detained the same at the time of issuing the venire facias, to the damage of the landlord, &c. and for the unjust detention the jury assessed damages at 21 dollars 33 cents, besides costs. But, did the tenant hold the premises against the will of the landlord the whole time from the expiration of the first year to the taking of the inquest, or not ? If he did, 21 dollars S3 cents were very inadequate damages. But if the tenant had been permitted to remain from year to year, then a new year having commenced on the 10th April, 1814, the tenant" would have had a right to hold for that year, and the notice to quit in thi'ee months, dated 22d April, 1814, would have been illegal. It is remarkable, that the venire facias does not assert, that the tenant held the premises to the damage of his landlord, the whole time from the expiration of the first year, to the time of issuing the venire; the words are these : — “ by virtue of which said demise, the said John Faustenauer, on the day and year aforesaid, at the county aforesaid, entered into the possession of the premises aforesaid, and still holds and detains the same to the great damage ,” &?c. Now when we are left at a loss., to know how matters really stood between these parties, and are to make it out by conjecture, or, at best, by inference, the inquisition cannot be good. It is a summary proceeding, and therefore every requisite of the act of assembly should be substantially complied' with. The necessary facts should, be clearly and positively found. It is the opinion of the Court, that they are not so found, and therefore, the proceedings should be quashed.

Proceedings quashed.  