Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-14

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. 126. 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 judicial process, when
the judgment debtor was in possession
at the time of the rendition of the judg-
ment or decree, by virtue of which
such sale was made; in sales by execu-
tors, 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 other
wise shall have been examined by the
proper court, and the same by said
court adjudged legal; and in cases
where the defendant is settler, or oc-
cupier of lands or tenements, without
color of title, and to which the COM
plainant has the right of possession;
this section not to be construed as limit
ing 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 article, shall not be a
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 article, to notify the adverse
party to leave the premises, for the pos
session of which the action is about to
be brought, which notice shall be served
at least three days before the COM
mencing the action, by leaving writ
ten 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 particularly
describe the premises so entered upon
or detained, and shall set forth either
an unlawful and forcible entry and de-
tention, or an unlawful and forcible de-
tention after a peaceable or lawful entry
of the described premises. The COM
plant shall be copied into and made a
part of the record.
Sec. 13O. The summons shall be
issued and directed, shall state the cause
of complaint, and the time and place of
trial, shall be served and returned as in
other cases; such service shall be three
days before the day of trial appointed
by the Justice.
Sec. 131. If the defendant does not
appear in accordance with the requisi-
tions of the summons, and it shall have
been properly served, the Justice shall
try the cause as though he was present.
Sec. 1872 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 suf-
fcient surety to be approved by the
Justice, conditioned for the payment of
the rent that may accrue, if judgment
be rendered against the defendant.
Sec. 1873. If the suit be not con-
tinued, place of trial changed, or neither
party demand a jury upon the return
dav of the summons, the Justice 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 a 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 a judgment for
the restitution 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 party, the proceeding, until the
empanneling thereof, shall be in all re-
spects as in other cases. The jury shall
be sworn or affirmed, to well and truly
try and determine whether the COM
plant of naming 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 a
general verdict of guilty against the de-
fendant; if not true then general YER
dict of not guilty; if true in part, then
a verdict setting forth the facts they find
true.
Sec. 1856. The Justice shall enter the
verdict upon his docket, and shall rem
der such Judgment in the action as if
the facts authorizing the finding of such
verdict had been found to be true by
himself
Sec. 136. Exceptions to the opinion
of the Justice, in cases under this ar
ticle, upon questions of law and evil
dence, may be taken by either party,
whether tried by jury or otherwise.
Sec. 1877. Where judgment of
restitution shall be entered by Justice,
he shall, at the request of the plaintiff,
his agent or attorney, issue writ of
exception thereon, which shall be in the
following form, as near as practicable:
] The State of Ohio, county:
IT. onr Ho,S&abIa Of