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.