Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-13
LAWS Oh OHIO.
PUBLISHED BY AUTHORITY.

II IN ~ ~ " " Nh Il "
PUBLISHED BY AUTHORITY.
AN ACT
Of Jurisdiction and Procedure before Jnstices of
the Peace, and of the duties of Constables in
I r Civil Cases. y'7 5@' " Il - -
.'s91 EcoNcLUDED.l Es
ARTICLE x.
Of the action for the orc5ble entry and detention or
/ forctb1e detention only of property.
Sec. 1876. Any Justice, within his proper coun-
ty, shall have power to enquire in the manner
hereinafter directed, as we'll against those who
make unlawful and forcible entry into lands and
tenements, and detain the same, as against those
who having a lawful and peaceable entry into
lands or tenements unlawfully, and by force hold
the same and if it be found upon such inquiry
that an unlawful and forcible entry has been made
and that the same lands and tenements are held
by force, or that the same, after lawful entry,
are held unlawfully, then said Justice shall cause
the party complaining, to have restitution thereof
Sec. 1876. Proceedings under this Article may
be had in all cases against tenants holding over
their terms; in sales of real estate, on executions
orders, other judicial process, W hen the judg-
ment debtor was in possession at the time of the
rendition of the judgment or decree, by virtue of
which such sale was made; in sales by executors,
administrators, guardians, and on partition, where
any of the parties to the petition were in possess
sion at the commencement of the suit, after such
sales, so made on execution, or otherwise shall
have been examined by the proper court, and the
same by said court adjudged legal and in cases
where the defendant is settler, occupier of
lands or tenements, without color of title, and to
which the complainanthas the right of possession;
this section not to be construed limiting the
provisions Of the first section of this article.
Sec. 1877. Judgment either before the justice,
or in the court of common pleas, under this arti-
olo11 hoo ho,k oftoep
by either party. -.sa s. .
Sec. 1873. It shall be the duty of the party de-
string to commence an action under this article,
notify the adverse party to leave the premises,
for the possession of which the action is about to
be brought which notice shall be served at least
three days before the commencing the action, by
leaving written copy with the defendant or at his
usual place of abode, if he cannot be found
Sec. 129. The summons shall not issue here
in until the plaintiff shall have filed his complaint
in writing with the Justices which shall particular
ly describe the premises entered upon de-
tanned, and shall set forth either an unlawful and
forcble entry and detention, unlawful and
forcble detention after peaceable or lawful entry
of the described premises. The complaint shall
be copied into and made part of the record.
Sec. f3e.-FAe- summons shall be issued and
directed, shall state the cause OF complaint, and
the time and place of trial. shall be served and re-
turned as in other cases; such service shall be
tnfee DeAOlG IlIG VI oPPolAISu ny ule
Justice.
Sec. l31. If the defendant does not appear in
accordance with tho acquisitions of the summons,
and it shall be properly served, the justice shall
try the though he was present.
Sec. 1872. No continuance shall be granted for
longer period than eight days, unless the defend
ant applying therefor, shall give undertaking
to the adverse party with good and sufficient sure
ty to be approved by the Justice, conditioned for
the rent that may accrue, if judgment be rendered
against the defendant.
Sec. 1873. If the suit be not continued, place
of trial changed, or neither party demand jury
upon the return day of the summons, the justice
shall try the cause; and if after hearing the evil
dence he shall conclude that the complaint is not
true he shall enter Judgment against the plaintiff
for COSTS if he find the complaint true, he shall
render general Judgment against the defendant
and in favor of the plaintiff for restitution of the
premises and costs of suit; if he find the complaint
true in part, he shall render judgment for the
tituton of such part only, and the costs shall be
taxed as the Justice shall deem just and equitable.
Sec 1874 If jury be demanded by either par
ty, the proceeding until the empanneling thereof,
shall be in all respects as in other cases. The
jury shall be sworn affirmed, to well and truly
try and determine whether the complaint of nam
ing the plaintiff, about to be laid before them, is
true according to the evidence. If the jury shall
find the complaint true, they shall render gen.
eral verdict of guilty against the defendant; if
not true then general verdict of not guilty if
true in part then verdict setting forth the facts
they find true. .........
Sec. 1876. The Justice shall enter the verdict
upon his docket, and shall render such judgment
in the action as if the facts authorizing the finding
of such verdict had been found to be true by him
SELF
Sec. 136. Exceptions to the opinion of the
Justice, in cases under this Article, upon ques-
tions of law and evidence, may be taken by either
party, whether tried by jury otherwise.
Sec. 1877. Where judgment Of restitution
shall be entered by Justice, he shall at the re-
quest of the plaintiff, his agent attorney, issue
a writ of execution thereon, which shall be in the
following form, as near practicable:
The State OF Ohio, ----- county:
To any constable of --- town.
ship: