The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-03-15
AN ACT directing the proceedings a.
gainst forcible entry and detainer.

Saibot ioi |iol~ CuI anu OetdllIcIs
SEC. /. Beit enacted BY The Senate and House
of Representatives, IN Legislature assembled,
That two Justices of the Peace, quorum unus,
shall have authority to inquire by Jury, as
hereinafter directed, as well against those who
make unlawful aud foTcibe entry into lands or
tenements, and with strong hand deiain the
sane, as against those who, having lawful
and peaceabe entry into lands or tenements,
unlawiuly and by force hold the same and
it it be found upon such inquiry, that an
unlawful and forcibIe entry hath been made,
aud that the same lands or tenements are held
and detained with force and strong hand, or
hat the same after lawful entry are held
unlawfuIly and with force and a strong hand,
ihen, that such Justices shall cause the party
complaining to have restitution thereof.
SECT. 2. BE a. further enacted, That when
complaint shall be formerly made in writing
70 any two Justices OF The Peace, quorum unus,
Of any unlawful and forcible entry into lands,
or tcnemenis and detainer as aforesaid, or of
any unlawful and forcible detainer Of The same,
peaceabe entry, they shall make out
arrant under their hands and seal ,drec-
ted TO the Sheriff of The same county or his
Deputy commanding bin 10 behalf Of lheState,
to cause 10 come before them, twelve good
and lawful men OF the same county, and they
shall be impaunelled 10 inquire into the for
ciby ehiry or forcible detainer complained of,
which warrant shall be in the form prescribed
by law; and said Justices shall make out
their summons 20 The party complained against,
10 form prescribed by l,s. Which sasnaaoaa
shall be served upon the party complained
against, or copy thereof left at his usual
place of abode, seven days before the day
appointed by the Justices for the trial; and If
after the service of such summons, The party
does not appear 10 defend, the Justices shall
proceed to The inquiry in the same manner as
it he was present land when the jury shall
appear, and shall have elected a foreman as 10
other cases, tue Justices shall lay before the
jury The exhibited complaint and shall admin
lister The following oath to them, viz: Fore
mans oath: You, as Foreman Of this jury, do
solemnly swear, that you will well and truly
try whether the complaint of A. b. now laid
So help you GOD. The ether Jurors oath
The same oath which your Foreman bath Ia
ken on his part, you and every OF you shall
well and truly observe and keep. 50 help
you GOD. And fthe jury shall find the same
true, then they shall return their verdict in the
form following: At a court Of inquiry held be-
fore K. ). and N. o. Esquires, two OF the
Justices of the Peace, within and for the said
county Of S. quorum uDus, al d. in the said
county of S. upon The - day Of - 10 The
year OF oar Lord -, the jury upon their
oaths DO find, that the lands or tenemen,s 10
ID. aforesaid, bounded (or described) as fol-
lows, as in the complaint upon day Of
in the year of our Lord - was ia The
lawful and righifpl possession of The said A. B.;
and that The said E. F. did upon The same day
unlawfully with force aad arms, and with a
strong hand, enter iorcibIy upon the same (or
being lawfully upon the same did unlawiuliy
with force and strong handy eypel and drive
out The said A. b. and shat he doth still con-
iinue wrongfully 10 detsin The possession from
him the A. h. Wherefore the jury find upon
their oalhs aforesaid, that the SAID a. B. ought
10 have restitution thereof without delay. And
if by accident or challenge there shall happen
not TO be foil jury, the Sheriff shall flil The
PANEL dc talbus cIrcumstantibus, as in other
cases. And if The jury, after full hearing Of
tie cause, shall find tie complaint laid before
them supported by evidence, they shall all
sign their verdict 10 form aforesaid; other
wise the defendant shall be allowed his legal
cost. and have his execution therefor.
SECT. 3. BE 1t further enacted, That il tie
jury shall return their verdict, signed by The
whole PANEL, that the complaint is supported,
the Justices shall enter up judgmen, for the
complainant 10 have restitution OF The premi-
rs, and shall award their writ Of restitution
accordingly; and no appeal shall be allowed
from the judgment OF The Justices: PrOrlded
nevertheless, that the proceedings may be re-
moved by certiorarl INTO the Supreme Judicial
Court, holden in such otupiy, and lie there