that, taking with you the force of the county if necessary, you him on the trial atoresaid, together with day of in the year Sec. 8. That if by accident or challenge for cause, there Pannel may be should not be a full jury, the sheriff or other officer, as the case may be, shall fill the pannel with talesmen, as in other cases. filled with tales men No appeal, but certiorari may be allowed Sec. 9. That no appeal shall be allowed from the judgment of the justices; but the proceedings of said justices may be removed by certiorari into the court of common pleas, bolden in such county, and be there revised or set aside for irregularity, Verdict no har to if such there be: nor shall such judgment, or the judgment rendered on the verdict of the jury hereinafter mentioned, be a bar to any after action brought by either party: Provided, That no writ of certiorari to remove the proceedings of said jusafter ten days tices, shall issue after the expiration of ten days from the day on which such judgment was rendered. after action No certiorari issues Sec. 10. That the person applying for a writ of certiorari, Bond to be given shall, before the same is issued, give bond with good and sufbefore certiorari ficient security, to the defendant in certiorari, to be approved of by the clerk of the court issuing the same, in the penal sum of five hundred dollars, conditioned for the faithful prosecution of the said suit; and in case of failure, that he will pay all costs, rents, and damages, which may be assessed, to the defendant in certiorari, as hereinafter provided; which bond shall be lodged with said clerk, for the use of the defendant. Condition thereof Sec. 11. That in all cases where the proceedings of the When judgment justices of the peace, shall be brought up before the court of common pleas, ir manner aforesaid, and the judgment of such diorari shail re justices shall be set aside or reversed by such court, the plain is reverse, plaintiff in cer cover costs tiff in certiorari shall recover all his costs up to the time of setting them aside or reversal, and shall have judgment and execution therefor. Sec. 12. That the court shall retain the cause, and proceed thereon to final judgment, as in cases of appeal, at the return proceed as on term of the writ of certiorari, unless, for good cause shown, the Court shall recourt continue the same; and if, on the trial of the cause, the tain cause and jury, by their verdict, shall find the defendant guilty of forci appeals ble entry and detainer, or forcible detainer only, the court shall render judgment for costs, and that the complainant have restitution of the premises; and shall order a writ of restitution, and also a writ of execution against the goods, chattels, lands and tenements, and body of the defendant, to be issued accordingly, returnable to the next term of said court. below shall be Sec. 13. That if the plaintiff in certiorari shall fail or neg- Proceedings lect to prosecute the said suit to final judgment, or if the judg- when judgment ment and proceedings in the court below shali be affirmed; affirmed then, and in every such case, the court of common pleas, on motion of the defendant or his counsel, shall render judgment affirming the judgment and proceedings below, and for costs; and shall award execution therefor, as in other cases. and damages Sec. 14. That thereupon, if the plaintiff in certiorari were Jury impannejed defendant below, it shall be the duty of the court, on motion, to assess rents to direct a jury to be impanneled and sworn to inquire into, and assess the value of the rents accrued, and damages, if any, sustained from and after the day on which notice to quit was served on such plaintiff in certiorari; or if no such notice was given, then from the time such plaintiff in certiorari was summoned in the proceedings below. the finding of the Sec 15. That it shall be the duty of the court to render Court shall ren judgment upon such finding and assessment of the jury, for the der jedgment an defendant and against such plaintiff in certiorari, and for the jury, &c. coses that may have accrued from the commencement of the proceedings below: but if such notice was not given, then costs shall be taxed only from the commencement of the proceedings in certiorari; and the court shall award execution for such costs as in other cases, and shall moreover have power to award a writ of restitution. security for costa Sec. 16. That whenever complaint is made under the pro- Non-resident visions of this act, and the plaintiff does not reside in the coun- plaintiff to give ty, it is hereby made the duty of the justices before whom the same is made, or either of them, before any warrant is issued, to take a bond with sufficient security, in the sum of one hundred dollars, payable to the party complained against, conditioned for the payment of all costs that may accrue, in case judgment be rendered against the complainant; which bond shall be filed with one of said justices, for the benefit of those interested. for costs to she Sec. 17. That in case judgment be rendered against any Justices may party residing out of the county, or in case said party shall re-issue execution move out of the county after judgment, it shall be lawful for riff of another said justices to issue their execution for costs, directed to the county sheriff of the county where the party resides, or may be found; which execution shall be returnable sixty days after date. Sec. 18. That in case any one of the justices before whom may execute Surviving justice judgment shall be obtained, shall die, or his office in any manner become vacant, before judgment shall be executed, the remaining or surviving justice shall carry the same into effect. judgment In what cases this action will lie and jurors Sec. 19. That proceedings in this act may be had in all cases, against tenants holding over their term; in sales of real estate on execution, after such sales shall have been examined by the proper court, and the same by said court adjudged legal; where the judgment debtor was in possession at the time of the rendition of the judgment, by virtue of which such sale was had; and where the defendant is a settler or occupier of land, without any color of title, and to which the complainant has the right of possession. Sec. 20. That in all suits under the provisions of this act, Fees of justices the justices shall each be entitled to receive the sum of seventy-five cents, together with the same fees that are allowed by law, for issuing similar writs and other process; and the jurors on rendering their verdict, shall each receive fifty cents, to be paid by the party. succeeding, which shall be taxed in the bill of costs, and recovered as in other cases. Act repealed Proviso Sec. 21. That the act, entitled "An act against forcible entry and detainer," passed January the sixteenth, in the year one thousand eight hundred and twenty-four, be, and the same is hereby repealed: Provided, That all causes of actions which shall have arisen prior to the taking effect of this act, shall be prosecuted in the same manner as if this act had never passed. This act shall take effect and be in force from and after the first day of June next. JAMES M. BELL, February 25, 1831. SAMUEL R. MILLER, AN ACT for the limitation of actions. Sec. 1. Be it enacted by the General Assembly of the State of Limitation of ac. Ohio, That all actions hereinafter mentioned, shall be commenced within the several times hereinafter limited, after the cause of such action shall have accrued, and not after: tions Ejectment, 21 years Forcible &c. 2 years entry, First. Actions of ejectment, or any other action for the recovery of the title, or possession of lands, tenements or hereditaments, within twenty-one years: Second. Actions for forcible entry and detainer, or forcible detainer only, within two years: Third. Actions upon the case, covenant and debt, founded Actions on writ- upon a specialty, or any agreement, contract or promise in writen contracts, 15 ting, within fifteen years: cars contracts non Fourth. Actions upon the case and debt, founded upon any In case, and on simple contract not in writing, and actions on the case for conse-written, 6 years quential damages, within six years: Fifth. Actions of trespass upon property, real or personal, Trespass, detidetinue, trover and replevin, within four years: nue, trover and replevin, 4 years Sixth. Actions of trespass for any injury done to the person; actions of slander for words spoken, or for a libel; actions for ma- Trespass on the licious prosecutions, and for false imprisonment; actions against &c. one year officers for malfeasance or nonfeasance in office, and actions of debt qui tam, within one year. person, slander, All other actions not herein enumerated, within four years af- Actions not enu. ter such right of action shall have accrued; and that when any merated, 4 years action for a forfeiture or penalty shall be given, and limited by statute, such action shall be commenced within the time so limited. vor of persons under disability Sec. 2. That if any person, entitled to have or maintain any action of ejectment, for the recovery of the title or possession Extension in faof any lands, tenements or hereditaments, be, at the time his right or title first descended or accrued, within the age of twenty-one years, feme covert, insane or imprisoned; every such person may, after the expiration of twenty-one years from the time his right or title first descended or accrued, bring such action within ten years after such disability removed, and at no time thereafter: and if any person entitled to any other action, limited by this act, shall, at the time such cause of action accrued, be within the age of twenty-one years, feme covert, insane or imprisoned; every such person shall be at liberty to bring such action, within the respective times limited by this act, after such disability shall be removed. the person enti which expired Sec. 3. That in all cases where the person entitled to have Limitation in or maintain any action of ejectment as aforesaid, shall have been ejectment where subject to the disabilities aforesaid, but which shall have been tled to sue was removed at any time not exceeding eleven years prior to the under disability, first of June, eighteen hundred and thirty, every such person prior to 1st of may bring such action within ten years thereafter; but if such June, 1830 disability shall have ceased or been removed more than eleven, and not exceeding twenty-one years, prior to said first of June, eighteen hundred and thirty, then such person so disabled as aforesaid, shall have the liberty of bringing such action within such times after the said first of June, eighteen hundred and thirty, as being added to the excess of time over eleven years as aforesaid, will be equal to ten years, and no more. tract barred Sec. 4. That in all actions founded on contract, either express or implied, made between persons resident without this Actions on con State at the time such contract was made, and which are, or here- the laws of the after may be, barred by the laws of the State, country or terri-place tory, where such contract was made, shall be, and continue bar- barred in this red, when brought in any court of this State. Sec. 5. That in all actions founded on contract, either express or implied, when any part of the principal or interest shall where made, shall ye State Part or promise, re payment, have been paid, or an acknowledgment of an existing liability, acknowled:ment debt, or claim, or any promise to pay the same, shall have vives cause of been made, within the time herein limited; such action may be commenced within the time hereinbefore limited, after such payment, acknowledgment or promi-e. action When judgment rendered, non suit may be com· Sec. 6. That it in any action commenced within the time limi ted by this act, judgment shall be arrested or reversed, or the suit. V. new suit abate, or the plaintiff become non-suited, and the time limited as aforesaid shall have expired, the plaintiff may commence a new action within one year after such arrest or reversal of judgment, non-suit or abatement of action as aforesaid, and not after. menced in one year out of the State, statute does not Sec. 7. That when any person shall have left the State, and Debtor residing remained out of the same; or shall reside out of the State, at or removing to the time any cause of action shall have accrued against him; place unknown, or shall have removed to any place unknown to the person in run until his re- whose favor such cause of action may exist, during such time as turn, or his resi is limited by this act: the person who may have such cause of action, shall have a right to commence his or her action against such person, within such time as is limited as aforesaid, after his or her return or removal to the State; or, if within the State, then within such time, after his or her place of residence shall become known. dence be known Acts repealed Sec. 8. That the act, entitled "An act for the limitation of actions," passed February twenty-fifth, eighteen hundred and twenty-four; "An act supplementary to the act, entitled 'An act for the limitation of actions,' passed February eighth, eighteen hundred and twenty-six; and "An act to amend the act, entitled An act for the limitation of actions," passed February twentysecond, eighteen hundred and thirty; and all acts and parts of acts heretofore passed for the limitation of actions; be, and the same are hereby repealed: Provided, That all causes of action Proviso, as to not heretofore barred, which subsisted or accrued during the canses of action time those acts were in force, shall be commenced within the times therein limited, and not after; and all such actions shall be barred after the expiration of the several times allowed for their commencement, according to the provisions of said acts, respectively, and their amendments. accruing former acts under This art to take effect and be in force from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. SAMUEL R. MILLER, Speaker of the Senate. February 18, 1831. |