Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-26

appeal al any NliiIS oONtS "O h"' w.
his docket tu his successor, and give the ap'
peaIing party transcript. After the deiv'
ery of The docket, the undertaking shall be
given 10 his successor, and il shall be his
duty 10 give the transcript, and do and per-
form all things required OF his predecessor
ARTICLE X.
OF THE ACTION FOR THE FoRClBLE ENTRY AND
DETENTION OR FoRCIBLE DETENTIoN ONLY
OF PROPERTY.
Sec. 1876 Any Justice within his proper
county, shall have power 10 inquire, in tho
manner hereinafter directed, as well against
those who make unlawful and lorcibe entry
into lands and tenements, and detain The
same, as against those who, having a lawful
and peaceabe entry into lands or tenemenIs,
unlawfuly, and by force hold the same
and if it be found upon such inquiry that an
unlawful and forcible entry has been made
and that the same lands and lenements are
held by force, or that the same, after law
rul entry, are held unlawlully, then said
Justice shall cause the party complaining 10
have restitution thereof.
Sec, 1876. Proceedings under this Article
may be had in all cases against tenants hold
ing over their terms; in sales Of real estate
on excculions, orders, or other judicial pro-
cess, when the judgment debtor was in pos
session al the time of the rendition OF The
judgment or decree, by virtue of which such
sale was made; in sales of executors, ad.
minis,rators, guardians, and on partition,
where any oil The parties 10 The petition were
in possession at tho commencement 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
adudged legal; ard in cases where the de.
(endanl is settler, or occupier o! lands or
lenemenls, without color of lille, and TO
which the complainant has The right Of pos
session; this section no, 10 be construed as
limiting the provisions of The first section Of
this article.
Sec. 1877 Judgment either before the jus.
tice, or in The court Of common pleas, under
this article, shall not be bar 10 any after
action brought by either party.
Sec. 1913. /, shall be the duty Of the party
desiring 10 commence an action under this
article, 10 notify the adverse party TO leave
the premises, 70. the possession Of which
the action is about to be brought, which no.
lice shall be served al least three days be.
fore The commencing CT the action, by leuv.
ing n written copy with the defendant or al
his usual place of abode, if he cannot be
found.
Sec. 1919. The summons shall not issue
herein unlil The plaintiff shall have filed his
complaint in wiring 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
detention, or an unlawful and (orcible de-
ten,iun after peaceabe and lawful entry
Of the described prsNscs. The complaint
shall be copied into and made par' OF The
record.
Sec. 1870. The summons shall be issuec
and directed, shall state the cause of com
planl, and the time and place OF Trial, shat
be served and returned as 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 ap
, pear in accordance with The acquisitions o
The summons, and il shall have been prop
erly served, the justice shall Try The caus'
as though he was present
Sec. 1872. No continuance shall be grant
ed for longer period than eight days, un
less The defendant applying therefor, shal
' give an undertaking 10 the adverse party
r with good and sufficient surety 10 be approves
, : by ,he justice, conditioned for the paymon
, Of The rent thu, may accrue, if judgment b.
: rendered against the defendant.
Sec. 1873. If The suit be not continued
place Of Trial changed, or neither party de
mnnd a jury upon the return day OF tn
{ summons, The Justice shall try the cause
and if, after hearing the evidence, he sha
y conclude that the complaint is moi true. HI
y shall enter judgment agains, the plaintiff 70
COSTS; if he find the complaint true, he sha
render general judgment against the de
PENDANT and in favor Of the plaintiff for res
u ,tulion of the premises and costs of sui
:, if he find the complaint true in part, he sha
=. render judgment for the restitution OF sue
8 part only, and The costs shall be taxed q
The Justice shall deem just and equitable
Sec. 1874. If jury be demanded by eI
:. lher party, the proceeding, until the empar
d neling thereof, shall be in all respects as i
e other cases The jury shall be sworn Z
Il affirmed, 10 well and truly Try and delermin
\, whether The complaint Of naming the pair
ID tiff,] abouI 10 be laid before them, is tru
- according 10 the evidence. If the iur
. shall find The complaint true. they shall rel
~ der a general verdict Of guilty against II
~ defendant; If not true, then general We
~ dict Of not guilty; if true in part, then
r r. verdict setting forth The facts they find 'ru
., Sec. 1856. The Justice shall enter the We
W dict upon his dcckel and shall render sue
- ludgmen, in The action as if the acts a
nd lhorizing the finding Of such verdict hi
been found TO he true by himself.
on Sec. 1856. Exceptions TO the opinion
49, The Justice in cases under this Article, u
-. on questions OF law and evidence may
he taken by either party, whether tried BY Iu
n or otherwise.
nd Sec. 1877. Where judgment OF res1l'
,s. lion shall be entered by Justice, he sh
&C at the request OF the plaintiff, his agent
attorney, issue a writ Of execution ihereo
,o which shall DO in The following form,
near as practicable:
- The State Of Ohio, --- county;
T.. ~ To any Constable Of --- tow
no no ship:
o Whereas, in a certain action for the f