The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-07-06

those who make unlawful and ,forcible en-.
try into lands and tenements, and detain
the same, as against those who having a
lawful and peaceable entry into lands or
terfements unlawiully, and by force hold
the same; and if it be found upon such en-.
quiry that an unlawful and forcible entry
has been made, and that the same lands
or tenements are held by force, or that the
same, after lawful entry, are held unlaw-
fully, then said justice shall cause the par
ty complaining, to have restitution there
of.
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, or other iu-
dicial process. when the judgment debtor
was in possession at the time of the rendi-
ton OF the judgment or decree, by virtue ol
which such sale was made; in sales by ex-
ecutors, administrators, guardians, and on
partition, where any Of the parties to the
petition were in possession at the CON-
mencement 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
lin cases where the defendant is a settler, or
occupier of lands or tenements, without
color of title, and to which the complainant
has the right OF possession; this section not
10 be construed as limiting the provisions
of the first section of this article.
; 1877. Judgments either before the JUS
tice, or in the court Of common pleas, un-
der this article, shall not be bar to any
after action brought by either party.
1873. 1t shall be the duty OF the 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 shall be served at least three days
before commencing the action, by leaving
written copy with the defendant or at his
usual place OF abode. ifhe cannot be found.
129. The summons shall not issue
herein until the plaintiff shall have filed
his complaint in writing with the Justice,
watch shall particularly describe the prem
Uses so entered upon or detained, and shall
set forth either an unlawful and forcible
entry and detention, or an unlawful and
/ forcible detention after peaceabe or law
fnl entry Of the described premises. The
complaint shall be copied into and made
IA part Of the record.
; 1870. The summons shall be issued
and directed, she'll state the cause OF com
plant. and the time and place of trial
shall be served and returned as in other
cases; such service shall be three days be-
fore the day Of trial appointed by the jus
tice.
i51. If the defendant does not ap
pear in accordance with the requisilion,
of the summons, and it shall have been
properly served. the justice shall try the
cause as though he was present.
1872. No continuance shall be grant
ed for a longer period than eightdays. un
less the defendant applying therefor. shall
give an undertaking TO the adverse party
with good and sufficient surety 10 be ap
proved by the justice, conditioned for The
payment of the rent that may accrue, i
Judgment be rendered against the Geien
4 dant.
; 1873 IF the suit be not continued
place Of trial changed, or neither party de-
mand jury upon the return day Of the
Summons, the justice shall try the cause
and if, after hearing the evidence. he shall
. conclude that the complaint is not true. h.
shall enter judgment against the plaintiff
for costs; if he find the complaint true. h,
shall render general judgment agains
! the defendant and in favor Of the plaintiff
for restitution Of the premises and costs o
suit; il he find the complaint true in part
he shall render a judgment for the resti,u
ton of such part only. and the costs shal
be taxed as the justice shall deem just AM
equitable.
5 1874. ia Jury be demanded by ei,he
:. party, the proceedings, until the empan
neline thereof, shall be in all respects
lin other cases The jury shall be sworl
+ or affirmed. 10 we'll and truly try and de
s s|termine whether the complaint of n amin,
Il the plaintiff about to be laid before them
I is true according to The evidence. If tn
r iury shall. firdsihe complaint true. the,
J shall render q general verdict of guilty a
;, eainst The defendant; if not true. then
General verdict OF not guilty; if true in part
fben n verdict setting forth the facts the,
; find true.
s1ss Tin ;ustica shall enter tha YER