-County, ss.

warrant.

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

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

upon the- day of

with force and arms, and a strong hand did, un-
lawfully 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 messuage and tenements of him the
said E F, as the case may be) and him the said
E F, with force 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
unlawful, 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 empanelled and sworn, to enquire into the
forcible entry and detainer (or the detainer only)
before described.

at

Sec. 3. Be it further enacted, That it shall be

Justices to issue sum

party com

plained of.

How to be served.

Jury to be empanelled.

jurors.

the duty of the justices, at the time they issue mons to the 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 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 enquiry in the same manner as if he were present, and when the jury shall appear, they shall be empanelled to enquire into the entry or forcible detainer complained of, and the justices shall lay before the jury the exhibited comOaths of the plaint and administer an oath or affirmation to the foreman and the other jurors, to 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 same true, they When to re- shall return a general verdict of 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 for such part as they do find true, and the justices shall render up judg ment 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: County, ss.

turn a general verdict.

When a special verdict.

A B and C D, two of the justices assigned to

keep the peace, in and for the said county, to the Form of the

county, greeting:

of Whereas at a court of enquiry of forcible entry and detainer (or an unlawful and forcible detainer, as the case may be) held before us at

-upon the

day of

in the

said county of
in the year
the jurors empanelled and sworn
according to law, did return their verdict of guilty,
whereupon it was considered by us, that the said
E F, should have restitution 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 forth-
with 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, 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
GH 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

afore

writ of restitution.

Where panel is incomplete, to summons talesmen.

No appeal allowed.

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

Sec. 5. Be it further enacted, That no appeal shall be allowed from the judgment of the justices: Provided nevertheless, That the proceedings may Removal by be removed by certiorari, into the court of com

Proviso.

certiorari.

This law not to affect three years quiet possession.

Repealing clause.

Commencement.

mon pleas, holden in such county, and be there quashed for irregularity, if such there be; nor shall such judgment be a bar to any after action brought by either party.

Sec. 6. Be it further enacted, That nothing in this act contained, shall be construed to extend to any person, who hath had the occupation or quiet possession of any lands or tenements, for the space of three whole years together next before, and whose estate therein is not ended or determined.

Sec. 7. Be it further enacted, That a law, against forcible entry and detainer, adopted from the Massachusetts code, and published at Cincinnati, the fourteenth day of July, one thousand seven hundred and ninety-five, be and the same is hereby repealed.

This act shall take effect and be in force, from and after the first day of June next.

MICHAEL BALDWIN, Speaker of the house of representatives.

DANIEL SYMMES,

Speaker of the senate.

February 2, 1805.

CHAPTER XVIII.

An act, fixing the rate of interest and for preventing

usury.

entitled to

at the rate of

six per cent.

per annum.

Sec. 1. Be it enacted by the general assembly of Creditors the state of Ohio, That all creditors shall be entitled interest, to receive interest on all money, after the same shall become due, either on bond, bill, promissory note or other instrument of writing or contract for money or property, on all balances due on settlement between parties, or money withheld by unreasonable and vexatious delay of payment, and all judgments obtained from the date thereof, until such debts, money or property is paid, at the rate of six per cent. per annum, and no more; and if any person shall demand or receive more than six per cent. per annum, on any contract, debt or demand whatever, such person shall forfeit the whole amount of the debt on which such illegal interest was charged or received, on due proof thereof being made, before any court hav. ing jurisdiction thereof, the one-half thereof to be paid into the county treasury, for the use of the county, and the other to the informer or person prosecuting: Provided, That nothing herein contained shall be so construed as to prevent any person, to whom any money or property may be due as aforesaid, from making such discount as such person may think proper for receiving prompt payment.

Sec. 2. And be it further enacted, That a law declaring what laws shall be in force, published at Cincinnati, July 14, 1795, and an act regulating the interest of money and fixing the same at six

15-Vol. 3

Proviso.

Repealing

clause.