Gambar halaman
PDF
ePub

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 peaceable restitution of the same; and also, that you levy of the goods and chattels of the said G. H., the sum of

being costs taxed against him on the trial atoresaid, together with

for this writ, and satisfy yoursell your legal fees: and for want of such goods and chattels of the said G. H., by you found, you are commanded to take the body of the said G. H., and him (ommit to the common jail of said county, there to remain unti: he shall pay the sum aforesaid, together with all fees arising on the service of this writ, or until he he discharged by due course of law; and make return of this writ, with your proceedings thereon, within twenty days from the date thereof. Witness our hands and.seals, at

aforesaid, the day of in the year

. A. B.) justices of

C. D.S the peace.

filled with tales men

certiorari may be allowed

Sec. 8. That if hy accident or challenge for cause, there kannel may he should not be a full jury, the sheriff or other officer, as the case

may be, shall fill the painel with talesmen, as in other cases.

Sec. 9. That no appeal sl.all be allowed from the judgment No appeal, but of the justices; but the proceedings of said justices may be revi may moved 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 he: nor shall such judgment, or the judgment after action rendered on the verdict of the jury hereinafter mentioned, be

a bar to any after action brought by either party: Provided, No rertiorari 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.

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 peval 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 hond shall be lodged with said clerk, for the use of the defendant.

Sec. 11. That in all cases where the proceedings of the When judginent justices of the peace, shall be brought up before the court of

common pleas, ir manner atoresaid, and the judgment of such viorari shail re justices shall be set aside or reversed by such court, the plain

tiff jp 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

issues

Condition thereof

ig reverei, plaintifi in cer

cover costs

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 lain 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.

-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: below shall be

wormed; 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.

Sec. 14. That thereupon, if the plaintiff in certiorari were Jury impanneled defendant below, it shall be the duty of tbe.court, on motion, to assess rents

and damages 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.

Sec. 15. That it shall be the duty of the court to render Court sliall ren judgment upon such finding and assessment of the jury, for the der judgment an

"the finding of the defendant and against such plaintiff in certiorari, and for the jury, 8-c: Qosis 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 tae court shall award execution for such costs as in other cases, and shall moreover have power to award a writ of restitution.

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

security for costs 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 hun- . dred 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.

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

for costs to she.

may execute

This action will

Surviving justice judgment shall be obtained, shall die, or his office in any mar:

te ner become vacant, before judgment shall be executed, the rejudgment

maining or surviving justice shall carry the same into effect.

Sec. 19. That proceedings in this act may be had in all In what cases cases, against tenants holding over their term; in sales of real lie

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 defeodant 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, Kees of justices the justices shall each be entitled to receive the sum of sevenand jurors

ty-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 he paid by the party, succeeding, which shall be taxed in the bill of costs, and recovered as in other cases.

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 Proviso

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,
Speaker of the House of Representatives.
SAMUEL R. MILLER,

Speaker of the Senate. .
February 25, 1831.

Act repealed

AN ACT for the limitation of actions.

tlons

years

Sec. 1. Be it enacted by the General Assembly of the State of Limitation or ac. Ohio, That all actions hereinafter mentioned, shall be commen

ced within the several times hereinafter limited, after the cause

of such action shall have accrued, and not after: Ejectment, 21 First. Actions of ejectment, or any other action for the re

covery of the title, or possession of lands, tenements or beredi

taments, within twenty-one years: Forcible entry. Second. Actions for forcible entry and detainer, or forcible fc. 2 years 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 proinise in writen contracts, 15 ting, within fifteen years:

cars

contracts non
written, 6 years

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- Pori quential damages, within six years: Fifth. Actions of trespass upon property, real or personal, Trespass, deti.

nue, trover and detinue, trover and replevin, within four years:

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

of person, slander, licious prosecutions, and for false imprisonment; actions against de

one year officers for malfeasance or nonfeasance in office, and actions of debt qui tam, within one year. .

All other actions not herein enumerated, within four years after such right of action shall bave 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 limi

[ocr errors]

ted.

under disabit

the person enti-
tled to sue was

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 fa

ror of persons of any lands, tenements or hereditaments, be, at the time his ar 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.

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 removed at any time not exceeding eleven years prior to the under disability, first of June, eighteen hundred and thirty, every such person

thirty every such person which expired

Winty, every such person prior to 1st of may bring such action within ten years thereafter; but if such June, 1838 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 with in 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.

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 where 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 shal

tract barred

made, shall ve

State

or promise, re

action

rendered, non

year

statute does not run until his re

dence be known

Part pavment, have been paid, or an acknowledgment of an existing liability, ackuowiedzment deot, 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 bereinbefore limited, after such payment, acknowledgment or promi-e.

Sec. 6. That it in any action commenced within the time limi When judgment

on. ted by this act, judgment shall be arrested or reversed, or the suv, to new suit abate, or the plaintiff become non-suited, and the time limisuit may be com menced in

one ted as aforesaid shall have expired, the plaintiff may commence or

a new action within one year after such arrest or reversal of judgment, non-suit or abatement of action as aforesaid, and pot after.

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 uut of the state, 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

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 bis or her place of residence shall become known.

Sec. 8. That the act, entitled “An act for the limitation of Arts repcaled

actions,” passed February twenty-fifth, eighteen hundred and twenty-four; “An act supplementary to the act, entitled “Av 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 causes 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.

This act 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.

accruing under former acts

« SebelumnyaLanjutkan »