US Laws, Codes, Statutes & Cases

 
    §  749.  Warrant.   1. Upon rendering a final judgment for petitioner,
  the court shall issue a warrant directed to the sheriff of the county or
  to any constable or marshal of the city in  which  the  property,  or  a
  portion  thereof,  is  situated, or, if it is not situated in a city, to
  any constable of any town in the county, describing  the  property,  and
  commanding the officer to remove all persons, and, except where the case
  is within section 715, to put the petitioner into full possession.
    2.  The  officer  to  whom the warrant is directed and delivered shall
  give at least seventy-two hours notice, in writing  and  in  the  manner
  prescribed  in  this article for the service of a notice of petition, to
  the person or persons to be evicted or dispossessed  and  shall  execute
  the warrant between the hours of sunrise and sunset.
    3.  The  issuing  of a warrant for the removal of a tenant cancels the
  agreement under which the person removed held the premises,  and  annuls
  the  relation of landlord and tenant, but nothing contained herein shall
  deprive the court of the power to vacate such  warrant  for  good  cause
  shown  prior  to the execution thereof. Petitioner may recover by action
  any sum of money  which  was  payable  at  the  time  when  the  special
  proceeding  was  commenced  and  the  reasonable  value  of  the use and
  occupation to the time when the warrant was issued, for  any  period  of
  time with respect to which the agreement does not make any provision for
  payment of rent.