The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20

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TO tle petition or otherwise neglect topros-
eeuIe the same to final judgement, 50 that
such plaintiff shall become nonsuit. it shall
/ be the duty Of the court 70 render judgment
against such appellant. for the amount OF
the judgment rendered against him by the
/ Justice of the Peace, together with interest,
accrued thereon, and for costs OF suit, and
/ to award execution thereof. as in other cases.
/ Sec. ll3 Ii both parties fail To enter
such appeal within the time limited as atore'
said, the Justice, on receiving a certificate
from the clerk Of the court, stating that the
appeal was not entered, OF being entered,
was dismissed as aforesaid, shall thereupon
/ issue execution upon the jul 5ment, in the
same manner rs ii such appeal had never
been taken.
+ Sec. 49, II any person appealing from n
Judgment rendered in his favor, shall not re-
( cover a greater sum than tho amount Ior
which Judgment was rendered, besides costs
and the interests according thereon, every
such appellant shall pay the costs Of such
appeal.
Sec. 12O. When any appeal shall be dis
missed, OF when Judgment snail te entered
the Court OF Common Peas against the ap-
pellant, the surety in the undertaking. Shall
be liable to the appelIea for the whole amount
OF the debt, costs and damages, recovered
against the appellant.
/ Sec, 12l. When an appeal taken to the
Court CT Common Pleas shall there be quesh
ed by fgasen Of irregu!arity in taking Or con
summat;ng the sane, the cause for q uashlng
/ shall be stated in the order of the court, and
| transcript of such order shall be lodged
with such justice, whq sbal thereupon pro-
coed to issue execution, m the same manner
as ifno appeal had been taken.
] Sec. l22 In proceedings on appeal, when
the surety in the undertaking shall be in
sufficient, or such undertaking may be in
sufficient. in form or amount, it shall be
! lawful tor tac court, on motion. to order
change or renewal Of spcch undertaking,
and direct that the same be certified to the
justice from whose judgmemeuJ the appeal
was taken, or thatil be recorded in said court.
/ Sr1. 1913. Appeals IN the following ca. cs
shall not be allowed,
! l-On judgments rendered on confession:
/ 2--ln jury trials where neltherparty claim
ia their bill of particulars a sum exceeding
twenty dollars.
/ Sin action for the forcible entry apd
detention, or forcible detention ofreal prop
erty.
! 4-In trials of the right of property, un-
der the statutes, either levied upon by ex
ecutlon or attached.
! Sec. 144 When the term of Office Of a
Justice shall expire between the date Of the
/ Judgment and the time limited for appeal,
/ such justice may take the Undertaking for
appeal at any time before he has delivered
his docket to his successor, anil give the
appealing party IA transcript. After the de-
livery, of the docket, the undertaking shall
be given to his successor, and it shall be
his duty to give the transcript and do and
perform all things required OF his predeces-
! Sor.
ARTICLE \.
Ofhe action for the forcible entry and de-
tenton or forcibIe detention only Of prop
erty.
Sec. 1876 Any Justice, within his proper
county, shall have power to enquire in the
manner hereinafter directed, as well against
those who make unlawful and torcibe entry
| into land and tenements, an! detain the
same, as against those who having a lawful
and peaceabie entry into lands or tenements
Iunlawfully, and by force hold the same;
and if II be found upon such enquiry that
an unlawful and forclble entry has been
made, and that the same lands and tene-
menLs are held bv force, or that the same,
after lawful entry, are held unlawfuIly,
then said Justice shall cause the party com
| planning to have restitution thereof.
Sec. 1876. Proceedings under this Article
may be had in allcase5 against tenants hold
ing over their terms; in sales of real estate,
on executions. orders, or other judicial pro-
cess, when the alignment debtor was in pos
session at the time of the rendition of the
Judgment or decree, by virtue ofwhch such
sale was made in sales by executors, ad-
mnistrators, guardians and on partition,
where amp of the parties to the petition were
in possession at the commencement Of
the suit, after such sales, so made on execu-
cutiUn, or otherwise shall have been exam
ined by the proper court, and the same by
said cour: adjudged legal and in cases where
the defendant is asettler, or occupier of lands
or tenements, without color of title, and to
which the complainant has the right of pos
session; this section not to be construed as
limiting the provisions Of the first section of
/ this articl6.
Sec. l27. Judgment either before the
Justice, or in the SQUIRT of common pleas, un-
der this article, shall not be a bar to any
4 after action brought by either party.
/ hall h,l Iutvy Sf fl,a
party desiring to- commence an action under
this article, TO notify the adverse party to
leave the premises, for the possession Of
which the action is about to be brought,
which notice shal 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. go The simmons shall not issue
herein until the plaintiff shall have filed
his complaint in writing with the Justice,
which shall particularly describe the preml-
ses SO entered upon or detained, and shall
set forth either an unlawful and forcible
entry and detention, or an unlawful and for
chile detention after peaceable or lawful
entry of the described premices. The com
plant shall be copied into and made part
OF the recrd.
Sec. $780, The summons shall be issued
and directed, shall state the cause of COM
plant, and the time and place Of trial, shall
L. s,,.I, al