forcible entry § 2. If any person shall enter upon, or into any lands, tenements, what or other possessions, and detain and hold the same, with force or amounts to a strong hand, or with weapons; or by breaking open the doors, win- and detainer. dows, or other part of a house, whether any person be in it or not; or by any kind of violence whatsoever; or by threatening to maim, kill, or beat the party in possession; or by such words, circumstances, or actions as have a natural tendency to excite fear or apprehension of danger; or by putting out of doors, or carrying away the goods of the party in possession; or by entering peaceably, and then turning by force the party out of possession; or by frightening by threats, or other circumstances of terror; in such case, every person so offending shall be guilty of a forcible entry and detainer, within the meaning of this act. tainer. §3. No person who shall lawfully or peaceably enter upon or into Forcible deany lands, tenements, or other possessions, shall hold or keep the same unlawfully, and with force, or strong hand, or weapons, or violence, or menaces, or terrifying words, circumstances, or actions aforesaid; and it is hereby declared, that whatever words or circumstances, conduct or actions, will make an entry forcible under this act, shall also make a detainer forcible. included. § 4. The three preceding sections of this act shall extend to and All estates comprehend terms for years, and all estates, whether freehold, or less than freehold. holding over, tainer. § 5. If any tenant or tenants, for term of life or lives, year or years, Tenants or other person or persons, who are or shall be in possession of any guilty of unlands, tenements, or hereditaments, by, from, or under, or by collusion lawful dewith such tenant or tenants, shall wilfully and without force, hold over any lands, tenements, or hereditaments, after demand and notice in writing given for the delivery of the possession thereof, by his, her, or their landlord or landlords, lessor or lessors, or the person or persons to whom the remainder or reversion of such lands, tenements, or hereditaments shall belong, his, her, or their agent or attorney thereunto lawfully authorized, then such person or persons so holding over, shall be guilty of an unlawful detainer. before justice § 6. The aforesaid forcible entries and detainers, and unlawful de- Cognizable tainers, are hereby made cognizable before any justice of the peace of of the peace. the county in which they are committed. On com. plaint made, § 7. When complaint to any justice of the peace of the proper county shall be made in writing, and signed by the party aggrieved, justice to ishis agent, or attorney, specifying the lands, tenements, or other pos- sue a venire. sessions, so forcibly entered upon and detained, or forcibly or unlawfully detained, by whom and when done, and the estate therein, it shall be the duty of the said justice to issue a precept under his hand and seal, directed to the sheriff1 of the said county, commanding him 8. The justice is not required to state all the evidence given, but only such as is objected to, and the proper proof to support the verdict will be presumed to have been made, unless the contrary appear. Payne v. Martin, 1 Stewt. Rep. 407. Lecatt v. Stewart, 2 Stewt. Rep. 474. 9. Complaint for unlawful detainer: verdict guilty: the magistrate entered judgment for a forcible and unlawful detainer. The word forcible held to be surplusage, and no error. Payne v. Martin, 1 Stewt. Rep 407. See also Grice v. Ferguson, 1 Stewt. Rep. 36. The act of Dec. 31, 1823, prohibits sheriffs and coroners from executing any process issued by a justice of the peace in civil cases, except attachments. The act of January 12, 1826, provides,-Sec 1. "That so much of the beforerecited act as prohibits sheriffs from executing precepts, issued by justices of the peace, of forcible entry and detainer, be and the same is hereby repealed. Sec. 2. That it shall be the duty of sheriffs to execute all such precepts of Form. [a Con. Ala. 17.] to cause to come before the said justice, twelve good and lawful men of the said county, qualified to serve as petit jurors, to inquire into and try such forcible entry and detainer, or forcible or unlawful detainer; which precept shall be in the form, or to the effect following, that is to say: County of , 88. The State of Alabama, to the sheriff of the said county, greeting. Art. 5, Sec. Whereas, Complaint is made to the undersigned justice of the peace for the said county, of a certain forcible entry and detainer, (or of a certain unlawful detainer as the case may be) made by E. F. into the messuage, or upon the lands of C. D. in the county aforesaid. You are therefore hereby commanded to cause to come before the undersigned justice aforesaid, at the hour of , in the noon of the twelve good and lawful men, of your county, to inquire of and try the said forcible entry and detainer, or forcible or unlawful detainer. Given under the hand and seal of the said justice, this , in the year day of of our Lord one thousand, &c. day of § 8. The said justice shall issue a summons to the party complainSummons to ed against, in the words or to the following effect: the defend ant. [b Con. Ala. 17.] County of b'The State of Alabama, to the sheriff of the said county, greeting. Art 5, Sec. You are hereby commanded to summon E. F. of the said county, to appear before the undersigned justice of the peace in and for the county aforesaid, at the hour of Summons, day of in the noon of the , to answer to, and make defence against the complaint of C. D. of a forcible entry and detainer, (or forcible detainer as the case may be), made by the said E. F. into the messuage, or upon the lands of the said C. D. in the county aforesaid; and have you then and there this precept, with a return of your proceedings therein. Given under the hand and seal of the said in the year of our Lord A. B. [L. S.] A. B. the one thousand, &c. day of 9. The said summons shall be served upon the party against whom how served. the said complaint is made, or a copy thereof left at his usual place of abode, six entire days before the day of appearance therein mentioned; and such service of the said summons, in any part of this territory, as well out of the said county as in it, shall be good and effectual in law. And further, no jury shall, by virtue of this act, be sworn to inquire of and try any forcible entry and detainer, or forcible or unlawful detainer, where such previous notice shall not have been given as aforesaid. Defendant may plead not guilty, or § 10. The party against whom such complaint is made, may at the time of appearance, mentioned in the said summons, and before the three years' said jury is sworn, plead not guilty to the charge or complaint, or that possession. he hath been three years in quiet possession, and his estate therein not ended or determined, agreeably to a subsequent clause in this act; and thereupon the parties shall be at issue; and the said justice shall proceed to swear the jury, so returned, to inquire of and try the same. And if the said party, against whom the complaint is made as aforesaid, does not appear at the time specified in the said summons, or appearing does not plead to the said complaint; then it shall be lawful for the said justice to proceed in the same manner, as if he had pleaded not guilty. forcible entry and detainer, issued by justices of the peace, under the same rules and regulations that they were under, before the before-recited act was passed, all laws to the contrary notwithstanding." §11. To the said jurors, and each of them, who shall be returned Jurors' oath. to inquire of and try the said complaint, the justice shall administer the following oath or affirmation: "You do swear (or affirm,) that you will well and truly try this issue, joined between C. D. and E. F. and a true verdict give according to the evidence." be read to the 12. When the jury shall be sworn as aforesaid, the justice shall Complaint to cause the said complaint to be read to them, and then call upon the jury. complainant to support the same. for complain. §13. If the jury find the party against whom such complaint is Proceedings exhibited, guilty, or find against his plea of possession, it shall be the on judgment duty of the said justice to record the said verdict, and to give judgment ant. thereon, with costs: and also to issue a writ of restitution, directed to the sheriff, to cause the complainant to be re-seized, or re-possessed; to which shall be added a clause commanding the sheriff to levy the said costs, of the goods and chattels of the offender; and for want thereof, to take the body of such offender, and safely keep him in close custody, in the common jail of the county, until he shall pay the same, or be thence delivered by due course of law. plainant. 14. If the jury find against the complainant, the said justice shall Judgment record the verdict, and give judgment accordingly, with costs: and against com. shall issue execution, directed as aforesaid, for the said costs, against the goods and chattels; and in want thereof, against the body of the complainant. postpone §15. The said justice may, at the request of either party, and on Justice may good reasons being assigned, postpone the trial to any time, not ex- trial. ceeding fifteen days; but such postponement shall be on the payment of costs. make com § 16. It shall be the duty of the said justice, to enter on his minutes Justice to or docket, true copies of the complaint, exhibited by virtue of this act, plete record of the summons and venire, and their respective returns, and the names of the proof the jurors, their verdict, and his judgment thereon; and also the ceedings. names of the witnesses, and the admission of evidence objected to, and the rejection of evidence offered, the reason of such admission or rejection, and all the proceedings had before him, touching the said complaint. sal to execute process. §17. If the sheriff of any county shall neglect or refuse to execute, Sheriff's refu or return any precept, writ, or other process, directed and delivered to him, by virtue of this act, he shall, for every such offence, forfeit and pay two hundred dollars to the party aggrieved; to be recovered with costs by action of debt, in any court of this territory, having cognizance thereof. may be re 18. The proceedings had by virtue of this act, on such forcible Proceedings entry and detainer, or forcible or unlawful detainer, may be removed moved by before the circuit court of the county in which the same may have certiorari, after judgment. taken place; and such removal shall be by writ of certiorari, and in no other way, and then only after judgment. not barred. § 19. Neither the said judgment, nor anything in this act, shall bar Civil actions or prevent the party injured, from bringing an action of trespass, or other actions, against the aggressor, or party offending. tle not to be § 20. The estate or merits of the title, shall in no wise be inquired Merits of ti into, on any complaint which shall be exhibited by virtue of this act: inquired in Provided always, That this act shall not extend to any person who to. hath had the uninterruped occupation, or been in quiet possession, of Exceptions. any lands or tenements, for the space of three whole years together, immediately preceding such complaint, so exhibited to the said justice, and whose estate therein is not ended or determined; but every such suits. accounts that shal and if a Penalty for aforesaid neglect. Th. Sec. 5. be paid over public a vious no Fines, &c. to any fine. in like man- by law, D. Ste. 6. subject t Justices sub- peace in same respon- tice, an ject to the sibilities as clerks. 1812-21) Sec. 1. Circuit court proceed §8. this ter empowered against to give judg sitions ment against Tb. Sec. 2. $9. liable for the pay th casual escape ed by of a prisoner-been c 1The ver, or by sec. State of "The State of Alabama, to the sheriff of the said county, greeting Whereas, Complaint is made to the undersigned justice of the pere for the said county, of a certain forcible entry and detainer, (or certain unlawful detainer as the case may be) made by E. F. into messuage, or upon the lands of C. D. in the county aforesaid. are therefore hereby commanded to cause to come before the unde signed justice aforesaid, at the hour of , in the , twelve good and lawful men, your county, to inquire of and try the said forcible entry and detai or forcible or unlawful detainer. Given under the hand and the said justice, this in the , to answer to, and make fence against the complaint of C. D. of a forcible entry and det (or forcible detainer as the case may be), made by the said E into the messuage, or upon the lands of the said C. D. in the aforesaid; and have you then and there this precept, with a re your proceedings therein. Given under the hand and seal of the A. B. the day of , in the year of our L A. B. LS one thousand, &c. 9. The said summons shall be served upon the party against how served the said complaint is made, or a copy thereof left at his usual pl abode, six entire days before the day of appearance therein me ed; and such service of the said summons, in any part of this so tory, as well out of the said county as in it, shall be good and e tual in law. And further, no jury shall, by virtue of this act, bes to inquire of and try any forcible entry and detainer, or formle unlawful detainer, where such previous notice shall not have been as aforesaid. Defendant $10. The party against whom such complaint is made, may n may plead time of appearance, mentioned in the said summons, and before three years' said jury is sworn, plead not guilty to the charge or complaint, or possession he hath been three years in quiet possession, and his estate therein a not guilty, or ended or determined, agreeably to a subsequent clause in this a forcible entry and delainer, issued by justices of the peace, under the passed, all laws to the contrary notwithstanding." the said jurors, and each of them, who shall be returned Jurors' oath. oath or affirmation: "You do swear (or affirm,) that and truly try this issue, joined between C. D. and E. F. dict give according to the evidence." be read to the the jury shall be sworn as aforesaid, the justice shall Complaint to on judgment jury find the party against whom such complaint is Proceedings plainant. ry find against the complainant, the said justice shall Judgment moved by eedings had by virtue of this act, on such forcible Proceedings ter judgment. not barred. he said judgment, nor anything in this act, shall bar Civil actions tle not to be inquired in te or merits of the title, shall in no wise be inquired Merits of ti |