by declared liable for any malfeasance or misfeasance of which they may be guilty in relation to any such execution which may be delivered to them; which execution said Renewable in Justice is authorized to renew at any time within one year 1 year. from the time the last execution was returnable.

sue on recog

SEC. 3. Be it further enacted, That whenever three years Conusee may shall have elapsed after the time of payment limited by any nisance in cersuch recognisance without any execution having been issued tain cases. on the same, or whenever the Justice who took the same shall have deceased or removed from the State or become otherwise disqualified, the Conusee may have his action of debt on the same, in the same manner as a creditor is entitled to have his action on any judgment of any Court of record in this State.

[Approved January 27, 1821.]

CHAPTER LXXVIII.

An Act for rendering the decision of Civil Causes as speedy and as little expen

sive as possible.

by rule before

SEC. 1. BE it enacted by the Senate and House of Represen- Persons havtatives, in Legislature assembled, That when any persons who ing matter in dispute may may have a dispute, of what nature soever, shall agree to refer the same have the dispute determined by referees mutually chosen by Justice of the the parties for the purpose, it shall and may be lawful for Peace. the person or persons making the demand in the action, to make out a particular statement thereof under his or their hands in writing, and to lodge the same with some one Justice of the Peace; and the said Justice of the Peace, upon Demand in application of the parties for the purpose, shall make out an writing and agreement to be annexed to the aforesaid demand, and to be signed. by them or their lawful agents or attornies, subscribed, and acknowledged in substance as follows:-Town of A-in Form of subthe county of S, 182. 182. Know all men, that A. B. of mission, in the county of --[addition] and C. D. of in the county of [addition] have agreed to submit the demand made by the said A. B. against the said C. D. which is hereunto annexed, (and all other demands, as the cause may be,) to the determination of E. F. G. H. and I. K. the report

of whom, or the major part of whom, being made as soon as may be to any Circuit Court of Common Pleas, to be holden in and for the said county of S-, judgment thereon to be final. And if either of the parties shall neglect to appear before the referees, after proper notice being given them, of the time and place appointed by the referees, for hearing the parties in this action, the referees shall have power to proceed ex parte. A. B. C. D.-S―ss.-182 . and acknowl- Then the above named A. B. and C. D. personally appear

edgment.

Report to be

C. C. Com.

Pleas.

ed, and acknowledged the above instrument by them subscribed to be their free act. Before me, L. M. Justice of the Peace.

SEC. 2. Be it further enacted, That the determination of made to next the referees who may be appointed agreeably to this Act, shall be made to the next Circuit Court of Common Pleas, to be holden in and for the county in which the Justice of the Peace may have lived at the time he issued the agreement as aforesaid; and the Circuit Court of Common Pleas to whom the report of the referees may be made as aforesaid, shall have cognizance thereof in the same way and manner, and the same doings shall be had thereon, as though the same had been made by referees appointed by a rule of the same Court.

Report may by consent of parties be

to them before Court;

SEC. 3. Be it further enacted, That where the parties shall agree that the determination of the referees may be made known made known, prior to its being made to the Circuit Court of Common Pleas as aforesaid, it shall and may be lawful for the referees to make known the determination to the parties, without its affecting in any degree the validity thereof; and if the determination shall be so made known to the parties, it shall and may be lawful for the party who may be found awarded paid. indebted agreeably to the determination aforesaid, to discharge him or themselves therefrom, and thereby prevent any further process thereon, by paying the same unto the person or persons to whom it may be so awarded.

and sum

Power of referees.

SEC. 4. Be it further enacted, That the referees who may be appointed in pursuance of this Act, shall be vested with all the authority, which is possessed by referees appointed by a rule of Court. And witnesses shall be summoned to appear before them, and be sworn in the same

manner as witnesses before referees appointed by a rule of Court as aforesaid.

Judgment on

referees to he

SEC. 5. Be it further enacted, That upon any report of referees returned into any Circuit Court of Common Pleas, reports of in pursuance of this Act, and also upon any report made by final. referees appointed by a rule of any Circuit Court of Common Pleas, wherein it is agreed, at the time of entering into such rule, that the report of said referees shall be final, the judgment of said Circuit Court of Common Pleas, shall be final accordingly.

[Approved January 27, 1821.]

·00

CHAPTER LXXIX.

An Act directing the proceedings against Forcible Entry and Detainer.

Jury.

SEC. 1. Be it enacted by the Senate and House of Repre- Two Justices, sentatives, in Legislature assembled, That two Justices of quorum unus, may inquire the Peace, quorum unus, shall have authority to inquire by and decide by a Jury, as 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 inquiry, 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 a strong hand, then that such Justices shall cause the party complaining to have restitution thereof.

complaint to

SEC. 2. Be it further enacted, That when complaint shall Mode of probe formally made in writing to any two Justices of the Peace, ceeding on quorum unus, of any unlawful and forcible entry into any Justices. lands or tenements and detainer as aforesaid, or of any unlawful and forcible detainer of the same after a peaceable entry, they shall make out their warrant under their hands and seal, directed to the Sheriff of the same county or his deputy, commanding him in behalf of the State, to cause to come before them, twelve good and lawful men of the same -county, and they shall be empannelled to inquire into the

Jury to be empannelled.

sue to party

complained

against.

Mode of ser

vice, &c.

forcible entry or forcible detainer complained of, which warSummons to is- rant shall be in the form prescribed by law; and the said Justices shall make out their summons to the party complained against, in form prescribed by law. Which summons shall be served upon the party complained against, or a copy thereof left at his usual place of abode, seven days before the day appointed by the Justices for the trial; and if after the service of such summons, the party does not appear to defend, the Justices shall proceed to the inquiry in the same manner as if he was present; and when the Jury shall appear, and shall have elected a foreman as in other cases, the Justices shall lay before the Jury the exhibited complaint and shall administer the following oath to them, viz:

Foreman's oath.

Other Jurors' oath.

Form of verdict.

[Foreman's Oath.]

You, as Foreman of this Jury do solemnly swear, that you will well and truly try, whether the complaint of A. B. now laid before you, is true according to your evidence. So help you GOD.

[The other Jurors' Oath.]

The same oath which your Foreman hath taken on his part, you and every of you shall well and truly observe and keep. So help you GOD.

And if the Jury shall find the same true, then they shall return their verdict in form following:*

At a Court of inquiry held before R. S. and N. O. Esquires, two of the Justices of the Peace, within and for the said county of S. quorum unus, at D. in the said county of S. upon day of in the year of our Lord

the

the Ju

ry upon their oaths do find, that the lands or tenements in D. aforesaid, bounded (or described) as follows, as in the complaint upon day of in the year of our Lord

was in the lawful and rightful possession of the said A. B.; and that the said E. F. did upon the same day unlawfully with force and arms, and with a strong hand, enter forcibly upon the same (or being lawfully upon the same did unlawfully with force and a strong hand) expel and drive out the said A. B.; and that he doth still continue wrongful ly to detain the possession from him the said A. B. Wherefore the Jury find upon their oaths aforesaid, that the said

A. B. ought to have restitution thereof without delay. And if by accident or challenge there shall happen not to be a full Jury the Sheriff shall fill the pannel de talibus circumstantibus, as in other cases. And if the Jury, after a full hearing of the cause, shall find the complaint laid before them supported by evidence, they shall all sign their verdict in form aforesaid; otherwise the defendant shall be allowed his legal cost, and have his execution therefor.

SEC. 3. Be it further enacted, That if the Jury shall re- Verdict to be signed by all turn their verdict, signed by the whole pannel, that the com- the Jurors. plaint is supported, the Justices shall enter up judgment for the complainant to have restitution of the premises, and shall award their writ of restitution accordingly; and no appeal shall be allowed from the judgment of the Justices: No appeal. Provided nevertheless, That the proceedings may be removed

may be remov

ri.

by certiorari into the Supreme Judicial Court, holden in Proceedings such county, and be there quashed for irregularity, if any ed by certiorasuch there may be; nor shall such judgment be a bar to any after action brought by either party. Which writ of restitution shall be in form prescribed by law.

ing over, liable

SEC. 4. Be it further enacted, That whenever any tenant Tenants holdwhose estate in the premises is determined, shall unlawfully to this process. refuse to quit any house, land or tenement after thirty days notice given him in writing for that purpose by the lessor, his heirs or assigns, he shall be liable to the process provided by this Act; and the form of the verdict of the Jury shall be the same, mutatis mutandis, as in case of forcible entry and detainer: Provided nevertheless, That this Act shall not extend unto any person, who hath had the occupation or been in the quiet possession of any lands or tenements by the space of three whole years together, next before, and whose estate therein is not ended or determined.

[Approved February 5, 1821.]