Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16
NUMBER 25.

,sa,a NUMBER %.
held by force, or that the sane, after a lawful
are held unlawfully, then said Justice shall
cause the party complaining to have restitution
thereof tt tslfta ..-l ls .a'f ,ei
Sec l96. Proceedings under this Article
may be had in all cases against tenants hold
ing over their terms in sales of real estate on
executions, orders or other judicial process
when the judgement debtor was in possession
at the time of the rendition Of the judgement
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 possession 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 some cases where the defendant is settler
or occupier Of lands or tenements, without
color or title, and to which the complainant has
the right of possession; this section not to be
construed as limiting the provisions of the FIRST
section of this article
Sec l27. judgement either before the
Justice or in the Court of Common Pleas,
under this article shall not be bar to any
after action brought by either party.
Sec, 1913. 1t shall be the duty of the party
desiring to commence an action under this ar
ticle, to notify the adverse party TO leave the
premises, for the possession of which the ac-
tion is about to be brought, which notice shall
be served at least three days before the com
mencing 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 herein
until the plaintiff shall have filed his complaint
in writing with the Justice, which shall par
ticularly describe the premises SO entered up
on or detained, and shall set forth either an
unlawful and fercble entry and detention, or
an unlawful and forcible detention after a
peaceable or lawful entry of the described
premises. The complaint shall be copied into
and made part Of the record.
Sec. l30. The summons shall be issued and
directed, shall state the cause of complaint,
and the time and place of trial, shall be SER
we'd and returned as in other cases, such SER
vice shall be three days before the day of
trial appointed by the Justice.
Sec. l3l. If the defendant does not appear
in accordance with the reqisitions of the sum-
mons, and it shall have been properly served,
the justice shall try the case as though be was
present.
Sec. I32, No continuance shall be granted
for longer period than eight days, unless the
defendant applying therefor, shall give an
undertaking to the adverse party, with good
and sufficient surety to be approved by the
Justice, conditioned for the payment Of the
rent that may accrue. if judgement be render
ed against the defendant.
Sec. 1888 If the suit be not continued the
place of trial changed, or neither party de-
mand jury upon the return day of the sum
mons, the Justice shall try the cause and if
after hearing the evidence, he shall conclude
that the complaint is not true, he shall enter
Judgement against the plaintiff for costs; if he
lind the complaint true he shall render
judgement for the restitution of premises and
costs OF suit, if ne find the complaint in part
he shall render judgement for the restitution
of such part only, and the costs shall be taxed
as the Justice shah deem just and equitable
Sec. l34 II jury be demanded by either
party, the proceeding, until the empannelling
thereof shall be the same as in other cases.
The jury shall be sworn or affirmed to web
and truly try and determine whether the
complaint of naming the plaintiff about to be
laid before them, is true according to the ev-
idence. If the jury shall find the complaint
tree, they shall render a general verdict OF
guilty against the defendant; if not true then
general verdict Of not guilty; if true in part
then verdict setting forth the fact they find
true
Sec. 1875. The Justice shall enter the yer.
dict upon his docket, aud shall render such
judgement in the action as if the facts author
zing the finding of such verdict had been
found to be true by himself
Sec. 1876. Exceptions to the opinion of the
Justice in cases under this Article, upon
questions of law and evidence, may be taken
by either party, whether tried by jury or
otherwise.
Sec. 1871. Where ajudgement of restitution
shall be entered by a Justice he shall at the
request of the plaintiff, his agent or Attorney
issue writ of execution, thereon which shall
be 10 the following form, as near practicable
The State OF Ohio--------cou
To any Constable of---
township:
Whereas, in certain action for the forcible
entry and detention, Tor the forcibe detention
as the case may be,) Of the following de-
scrlbed premises, 10 owit;-----,l lately tried
before me, wheren-----was plaintiff, and
Tvs defendant, nt,--judgemen
was rendered on the--day of,
A. D.----that the plaintiff have rtstitu.
ton Of said premises; and also that he recover
costs in the sum Of. You are there
fore commanded to cause the defendant to be
forthwith removed from said premises, aud
the said plaintiff to have restitution of the
same also that you levy on the goods and
chattles of the said defendant, and make the
costs of this writ make legal service and due
return.
Witness my hand this-----day Of
"A. D.