CHAPTER LXX.

An act for the relief of bail in certain cases.

Sec. 1. Be it enaoted by the general assembly of the state of Ohio, That when any bail has been compelled to pay the amount of any judgment or any part thereof, the court or justice before whom such judgment was rendered, may, upon the request of such bail, issue a scire facias against the person or persons against whom judgment was originally given, to appear before such court or justice, which shall be served and returned by the proper officer, and said court or justice, as the case may be, shall proceed to hear and determine said suit, as in other cases, and in such cases there shall be no stay of execution.

Sec. 2. And be it further enacted, That when the defendant shall have removed or resides out of the county or township wherein judgment was originally given, the court or justice before whom such judgment has been entered, may, upon the request of such bail, grant a transcript of such judgment, and the defendant shall be proceeded against on such transcript, by any court having cognizance thereof, in the same manner as in the first section of this act.

This act to take effect and be in force from and after the first day of May next.

EDWARD TIFFIN,

Speaker of the house of representatives.

THOMAS KIRKER,

January 30, 1811.

Speaker of the senate.

CHAPTER LXXI.

An act against forcible entry and detainer.

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That two justices of the peace shall have authority to enquire, by jury, in the manner hereinafter directed, as well against those who make unlawful and forcible entry into lands or tenements, and with a strong hand detain the same, as against those who, having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same, and if it be found, upon such enquiry, that an unlawful and forcible entry hath been made, and that the same lands or tenements are held and detained with force and strong hand, or that the same, after a lawful entry, are held unlawfully and with force and strong hand, then such justices shall cause the party complaining to have restitution thereof.

Restitution

of lands in

certaincases

Sec. 2. Be it further enacted, That when Justice on a complaint shall be made, in writing, to any two written com justices of the peace, of any unlawful and forcible plaint how entry, into any lands or tenements and detainer to proceed as aforesaid, or if any unlawful or forcible detainer of the same, after a peaceable entry, they shall make out their warrant, under their hands and seals, directed to the sheriff, or in case of his absence or legal disqualification to the coroner of the same county, commanding him to cause to come before them twelve judicious disinterested men of the county, who shall be freeholders in the said county, which warrant shall be in the form following to wit:

County, ss.

A B and C D, two of the justices assigned to keep the peace within and for the said county,

to the

Form of a warrant

Justices to issue sum mons

of

county, greeting:

Whereas, complaint is made to us by E F, of in the county aforesaid, that GH, of

day of

at

upon the aforesaid, with force and arms, and a strong hand, did, unlawfully and forcibly, enter into and upon a tract of land, of him, the said E F, in aforesaid, containing

acres,

bounded as follows, to wit: (or into the mes-
suage and tenements of him the said E F, as the
case may be) and him, the said E F, with forcé
and a strong hand, as aforesaid, did expel and
unlawfully put out of possession of the same,
or, if it is a forcible detainer only, then the entry
shall be described and the detainer inserted as
follows; and him, the said E F, does unlawfully,
unjustly, and with a strong hand, deforce and
still keep out of the possession of the same, you
are therefore commanded, on behalf of the state
of Ohio, to cause to come before us, upon the
day of
in the said
county, twelve judicious, disinterested men of
the county, who shall be freeholders in the same,
to be empannelled and sworn, to enquire into
the forcible entry and detainer, or the detainer
only, before described. Given under our hands
and seals, the
day of
in the year

at

A B7 Justices of
CDS the peace.

Sec. 3. Be it further enacted, That it shall be the duty of the justices, at the time they issue their warrant, to issue their summons to the party complained against, which summons shall state the cause of complaint, and the time and place of trial; the summons shall be served upon the party complained against, or a copy

&

jurors

thereof left at his usual place of abode, at least seven days before the day appointed by the justices for the trial, and if, after the service of such summons, the party do not appear to defend, the justices shall proceed to the inquiry in the same manner as if he were present, and when the jury Jury to be shall appear, they shall be empannelled to inquire ere pan into the entry or forcible detainer complained of, nelled and the justices shall lay before the jury the exhibited complaint and administer an oath or af firmation to the foreman and the other jurors, to Oaths of the well and truly try whether the complaint of E F, now laid before them, is true, according to evidence, and if the jury shall find no part of the When to re same true, they shall return a general verdict of turn a gene not guilty; and it shall be the duty of the justices to render up judgment against the complainant, and thereupon tax the bill of costs and issue execution against the said complainant, returnable in twenty days, and if the jury shall find the same true, they shall return a general verdict of guilty, or they shall return a special verdict When a spe for such part as they do find true, and the jus- cial verdict tices shall render up judgment for the complainant, to have restitution of the premises and costs, and shall award their writ of restitution accordingly, which writ of restitution shall be in the form following, to wit:

the

County, ss.

A B and C D, two of the justices assigned to keep the peace, in and for the said county, to of county, greeting : Whereas at a court of inquiry of forcible entry and detainer, (or an unlawful and forcible detainer, as the case may be), held before us at in the said county of

of

in the year

upon the

day

the jurors empan

ral verdict

Form of the writ of resti tution

Where panel is

belled and sworn according to law, did return
their verdict of guilty, whereupon it was consi-
dered by us, that the said E F should have resti-
tution of the premises described in his complaint,
(or any particular part thereof, as the case may
be) we therefore require you, that taking with
you the force of the county, if necessary, you
cause the said G H to be forthwith removed from
the premises, and the said E F to have the peace-
able restitution of the same, and also that you
levy of the goods, chattels or lands of the said G
H, the sum of being costs taxed against.

him on the trial aforesaid, together with
more for this writ, and satisfy yourself your legal
fees; and for want of such goods, chattels or
lands of the said G H, by you found, you are
commanded to take the body of the said G H,
and him commit to the common jail of the said
county, there to remain until he shall pay the
sum aforesaid, together with all fees arising on
the service of this writ, or until he be discharged
by due course of law, and make return of this
writ, with your proceedings thereon, within
twenty days from the date.

Witness our hands and seals, at
said, the
day of

in the year

afore.

A B, Justices of
CD, S the peace.

Sec. 4. Be it further enacted, That if by accident or challenge, on the day assigned for trial, incomplete, there should not be a full jury, the sheriff or tales:nan coroner, as the case may be, shall fill the panel with talesmen as in other cases: Provided, they have the qualifications required by this act.

to summons

No appeal allowed

Proviso

Sec. 5. Be it further enacted, That no appeal shall be allowed from the judgment of the justices: Provided nevertheless, That the proceed