Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-08-02
A RTICLE TX.


~ III the undertaking Slla'l be liable 10 the 0p.
pcllcc for the whole amount OF the debt, costs
ana domaGCs, recovered against the appellant
Sec. l2l When an appeal taken 10 the court
of common pleas shall there be quashed by rem
son oi irfegniarity IN takng& cons lmmaiing the
same, The cause for qnaShing shall bc slated IN
the order of the court. and transcript Of such
order shall bc lodged with such justice, who
shall tlorcupon proceed TO issue execution, in
the same manner as if no appeal had been IA.
ken.
Sec. i22 In proceeding on appeal. when the
surety in The undertaking shall BE- insu lccn,
or such undertaking may be insufficient in form
or amount. it shall be lawful for the courl, on
motion to order change or renewal oi such
undertaking. and direct that the same be certi-
fled 10 the Justice from whose judgment the ap.
peal was taken, or that il be recorded in sad
court.
Sec. l23 Appeals III the following cases shai
not be allowed.
l-On judgments rendered OF conlcs ion:
Pin jury Trials wlIcfc u9ithcr parry clam in
their bill Of particulars a sum exceeding twenty
dollars.
3-in the action fol the fprciblc entry and
detention, or lorcibc detention of real proper
ty.
lin trials of the right Of propc ty. under he
statutes, either levied upon By execution or al
tachcd.
Sec. l2l When the term of Office Of 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 b..
fore he has delivered his docket 10 his successor
1nd give the appealing party transcript. A.
ter the delivery, Of the docket, the Undertaking
shall b. gwen TO his lcCeSior, aud il shall be
h.s duly 10 give the transcript and do and per
Iolm all things required of his predecessor.
ARTICLE X.
Or THE ACTON FOR Tmg foaciDLE ENTRY AND
DETENTION or roRciGlE DETENTION ONLY OF
PROPERTY.
sec. l25 Any Justice, within his proper
county, Shall have power 10 inquire IN the man
ner hereinafter directed, as well against those
vino make unlawful and Gurcibe entry into
lands and tcnements, and detan the same, as
against those who having a lawful and peacea-
bic entity into lands or enements un!awflly,
and by force hold the Sane:anl if it be fcunl
upon such enquiry that an unlawful and IOrci-
bic entry has been made, and that the same
lands and tcnemenis are held by force, or that
the sam., aitci a lawful entry are held unlaw.
fully, tl.cn said Justice Shall cause tie party
complaining 10 have restitution thereof,
INF - lJN+HhiHSS N'iNiJl bIiio -hitiNlt Va !.
be had in all cases against tenants holding owe,
their terms: in sales OF real estate, on executions
orders OF other judicial process, when the jni.-
mcnt debtor was in possession at the time Of the
Judgment or decree, by virtue OF which sucu
sale was made; in sales by executors, admins.
tr2tori, guardians, and on partition, where any
of the parties 10 the petition were III possession
al the commencement Of the suit, after such
| c.lrc "A M lI,. n cyprui al n,rIvISr Sl1l
have been examined by the proper court, anC
the same by said conri adiudscd legal; and ii
cases where the defendant IS Il settler or occu.
pier of lands or tcncments, without color OF Ii.
lie, AMI the complainant has the right Of pos
session, lbis secnoii not to he construed ms Inn
i.!ng the provisions of this arlcle.
| Sec l27 iudement either before the Justice
or in the court Of common pleas, under this ar
tce, shall not be bar 10 any after aciiol
bought by either party.
See los IT Shall be the du'y Of the party de-
sirlng to commence an action under this article
to notify the adverse party to leave the premiS-
IS, for the possessions of which the action is
about to be brought, which noice snail be serv.
ed at least three days before commencing tht
action by leaving written copy with the dc.
lcndant OF at his usual place of abode, if he
cannot BE- found.
See l29 The SUMMONS Shall not iss,ie herein
until the plaintiff shall have filed his complaint
in writing with the Justice, winch shall parIic
ularly describe the premises so entered upon or
detained. ami shall set forth either an unlawful
and fjrcib!c en;ry and detention, or an unlaw-
and !orcibc detention after a pcaccable or law
tul entry Of the described premises. The com
plant snail be copied into and made part Of
the record.
Sec l30 The summons shall be issned and
directed, Shall state the cauSc OF complaint,
and the time aud place OF trial, shall be served
and returned as IN other cases: such service
snail be three days before the day OF trial ap-
pointed by the Justice,
Sec. l3l Ii the defendant does not appear iil
accordance with the rcquisiions of The sum.
mons and it shall have been properly served,
the Justice Shall try the Cause as though he was
present.
Sec. 1872 No continuance shall b. granted
for longer period than eight days, unless the
defendant applying therefore, Shall give an un-
dertaking TO the adverse party WITH good and
sufficient surety to be approved by the Justice,
conditional for the payment of the rent that may
accrue, if judgment be rendered against the de-
fcndant.
| Sec 1873 Ifthe suit be not continued, place o
trial changed, or neither party demand n jury
upon The return day of the summons, the lns
tcc shall try the cause; and if, after hearing the
evidence, 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 resti-
tuition oil premises and COSTS of Suit;if he find the
complaint true in part, he shall render jnds-
menl for the restitution Of such pait only. and
the cost shall be taxed as the justice shall deem
lust and equitable.
Sec. 1871. If Jury be demanded by cithcl
party, the proceedings, until the empannelin9
thereof, shall be as in other cases. The jury
shall be sworn or 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 Jur,
Shall find the complaint true, they shall rcnde
a general verdict of guilty against the defend
ant; if not true then general verdict of not gui
ty;if true in part, then a veIdict setting forth
the iacis they find true.
Sec. i35 The justice shall enter the verdict
upon his docket, and shall render such judg
ment in the action as if the facts authorizing the
finding of such verdict had been found to b.
true by himself.
Sec. 1856 Exception TO The opinion Of the jus
tice, in cases under this Article. upon question
of law and evidence; may be taken by elthe
party, whether tried by jury or otherwise.
Sec. 1873 Where a judgment OF restitution
shall be entered by justice, he shall, at thu
request of the plaintiff, his agent or attorney
issue a writ of execution thereon which shal
be III the following form, us near as PRACTICABLE
Il The State OF
TO any constable e0f---.ownship
Whereas, in a ccrlan action for the forcibl
entry and detention, (or the forcible detention
as the case may BEL Of the following describe
,ren,;es In wife, lately tried befOr,