The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01

which notice shall be served lenst three days be.
fore commencing tho action, by lenVing n written
copy with the defendant or ut his usual place Of
bOde, II he cnnnct be found.
! Sec l29. The summons sbnll not issue herein
until the plaintiff shall have filed his complaint in
writing with the justice, which shall particularly de-
scribe the premises entered upon or detained, and
shall set ich either an unlawful and orciDle entry
and detention or unlawful and iorcible detention
after peacenble or lawful entry Of the described
premises. The complaint shall be copied into and
made part Of the record.
| Sec 100. The summons shnll be issued and di.
roccd, shall state the cnuse OF complaint, and the
time md pace Of trial sha be served and returned
az in other cases. such service shall be three days
before the day OF trial appointed by the justice.
Sec. 13l. II the defendant does not appear in ac.
cordance with the requsitions OF the summons, and
1t shall have been properly served, the justice shall
Try the cause as though he was, present
Sec l32. No continuance shall be granted for n
louger period than eight dnys, unless the defendant
applying therefor, shall give nh undertaking to the
ndverse party, with good and sufficient surety to he
npprovedby the Justice, conditioned for the payment
against the defendant
Sec. l33. If the suit be not continued, place Of
trial changed, neither party demand Jury upon
the return day Of the summons the justice shall try
tle cause; and IL, after hearing the eviience he
shn conclude that the complaint ls not true, he
shall enter judgment against the plaintiff for costs;
II he lind the complaint true, he shall render gene.
raj Judgment against the defendant and IN iavOr Of
Of suit If he find the complaint true in part he shall
render judgment for the restitution of such part
only and the costs shall be taxed the justice shall
deem Just and equitable.
Sec. 1884, II q jury be demanded by either party,
the proceedings, until the empanneling thereof, shall
be in all respects as in other cases The jury shall
be sworn or affirmed, to well and truly try and de-
termne whether the complaint OF tnaming the
plaintiff about TO be laid before them, is accor.
ding to the evidence If the jury shall find the
plant true, they shall render. general verdict OF
guilty against the defendant; If not true, then gem
eral verdict Of not guilty; il true in part then
dict setting forth the facts they find true.
Sec 1875. The justice shall enter the verdict up.
on his docket and shall render such Judgment in the
action as if the facts authorizing the finding of such
verdict had been found to be true by himself
Sec. 1856. Exceptions to the opinion of the justice |
in cases under this Article, upon questions OF law
and evidence, may be taken by either party, wheth .
er tried by jury or otherwise.
Sec. 1877. Where judgment OF restitution shall I
be entered by justice he SHALL at the request of the
plaintiff, his agent attorney, issue writ OF exc
cution thereon, which shall be in the following form,
as near practicable;
The State of Ohio - county
To any Constable of - township:
Whereas, in n certain action for the torcibe entry
md detention, (or the forcible detention, the
nay be) of the following described premises, to wit:
- lately tried before me, wherein - was
plaintiff, and - was defendant, - judg-
nent was rendered on the - day of -. A. y.
-, that the plaintiff have restitution of said prem
ses and also that he receiver costs in the sum Of.
ou therefore are hereby commanded TO cause the
defendant to I've forthwith removed from said premis
IS, and the said plaintiff to have restitution of the
nme and also that you levy OF the goods and chat
els of the said defendant, and make the costs atore
aid, and all accrung costs, and OF this writ make
egal service and due return. Il
Witness my hand this - day Of, A. d. -.