
    LEINBACH VS KAUFMAN.
    In an action before a Justice of the Peace to reoover possession of leased property for non-payment of rent, the landlord’s complaint must set forth all facts necessary to give the justice jurisdiction.
    Error to Common Pleas of Berks County. No. 21 January Term, 1885.
    This case was a proceeding before Alderman I. R-. Fisher, brought by David K. Kaufman against Elias Leinbach, to re- • cover possession of premises in Reading, Pennsylvania, on the ground of the non-payment of rent. The landlord’s complaint is as follows: .
    
      City of Reading, Berks County, ss:
    
    
      ■ On the sixth day of March, A. D., 1884, personally appeared before Isaac R. Fisher, an Alderman of the City of Reading, said County, David K. Kaufman, of Reading, who being sworn according to law, saith that the premises situated at the corner of Centre Avenue and Amity Street, in the City of Reading, he leased to Elias Leinbach, reserving rent; that the said rent is in arrear and unpaid — that there are not sufficient goods and chattels on the premises to pay and satisfy the said rent, except such as are by law exempted from levy and sale, and that the said lessee has (after being notified to quit the said premises within thirty (80) days from date of said notice) refused to render and deliver up possession of the said premises.
    David K. Kaufman.
    Sworn and subscribed before me,
    > Isaac R. Fisher, Alderman.
    
    The Alderman rendered judgment in favor of the plaintiff. Leinbach then took a certiorari to the Common Pleas on the ground that neither the complaint nor the record set forth the term for which the lease was made. The Court below (Sassaman, J.) affirmed the proceedings of the justice. Leinbach then took a writ of error, complaining that the Court erred in not finding the'Alderman had no jurisdiction because the record nowhere shows the term for which the premises were demised.
    
      R. Y. Shearer and H. W. Bland, Esqs., for plaintiff in error,
    cited McDermott vs. McIlwain, 75 Pa. 341; Trimbath vs. Patterson, 76 Pa. 277; Act April 3, 1830, P. Laws 187.
    
      I. C. Becker, Esq., contra,
    
    cited Buchanan vs. Baxter, 67 Pa. 350; Snyder vs. Carfrey, 54 Pa. 90; McKeon vs. King, 9 Pa. 213; Maxwell vs. Perkins, 93 Pa. 255.
   The Supreme Court reversed the judgment of the Common. Pleas on October 5, 1885, in the following opinion per:

Mercur, C. J.

This was a proceeding by a landlord against his tenant, under the Act of April 3d, 1830, to obtain possession of the demised-premises by reason of the non-payment of rent.

When a summary proceeding given by statute, in derogation of the common law, is commenced, the facts necessary to give jurisdiction must appear on the face of the record ; Camp v. Wood, 10 Watts 118; Graver v. Fehr, 8 Nor. 460; Murdy v. McCutcheon, 14 Id. 435.

This Act of 1830, and proceedings thereunder, have been several times considered by this Court. It is held that the Act does not authorize proceedings against a tenant for life," nor against a ground tenant in fee. It is restricted to a demise for years or at will.

As the complaint is the basis of the proceeding it must set forth all the facts necessary to give jurisdiction to the justiee McDermott v. McIlwain, 25 P. F. Smith 341; Trimbath et ux v. Patterson et al., 26 Id. 277.

An examination of the complaint, in the case before us, shows that it does not contain any averment as to when the term commenced, nor when it is to. end. Nothing therein indicates, whether it is for life or for years, or at will. It is therefore radically defective. Lt wholly fails to set forth facts necessary to to give jurisdiction to the Justice of the Peace, and the learned judge erred in not reversing the proceedings.

Judgment reversed and the proceedings of the justice set aside at the costs of Che complaiuaufe, the defendant in error.  