1822 - Edocs

'.
179
You shall well and truly try, whether the defendant, Oath.
. 1). at any time within three years next before the ex-
hibition of the complaint filed by the plaintiff in this
cause, did forcibly (or unlawfully) enter upon the tenement
in the said- complaint mentioned, and turn the said
plaintiff out of the possession thereof; and whether the
said defendant continued to ho,d the possession thereof
at the time of the exhibition of said complaint. And
you shall hnd a true verdict thereupon, according to the
evidence, so help you God.
Or, if tiit: complaint he of an unlawful detainer against
the consent of tiie plaintiff, the) s iall he charged thus.
You shall well and truly try, whether the defendant C.
D. against the consent of the plaintiff, hoids possession
of the tenement mentioned in the complaint fried in this
cause; whether the said defendant hath so held possession
thereof,, against the consent of the plaintiff, within
three years next before the exhibition of the said complaint,
and whether the plaintiff has the right of possession
in me tenement aforesaid: And you shall find a true
verdict thereupon according to the evidence so help vou
God.
13. Be it further enacted. That, the jury, being- so em- -pri'd
panneiled and charged, the justices snail then acimit before
them ail legal evidence which shall be offered, as well
on the part of the defendant, as on the part of the plain-
tiff; shall suffer each party to be heard by counsel, shall Counse i allowed.
decide ail questions of law which snail be properly submitted
to them, in the course oT the trial.
14. Be it further enacted, That when the jury shall Verdict,
have unanimously agreed upon the verdict, they shall
find the same in the following form, or to lhi*» following
effect, that is to say.
In cases of forcible entry or unlawful entry, thus:
We the jury, find that the defendant ^id, (or did not)
within three years next before the e: xhibition of the com-'
Forcible entrv.
plaint filed by the plaintiff inghis cause, forcibly (or unlawfully)
enter upon the tenement, in tfie said complaint
mentioned, and turn the plaintiff out of 1
possession thereof,
and that the said defendant did (or did not) continue
to hold the possession thereof, at the date of the said
complaint.
Or, in cases of unlawful detainer against the plaintiffs Unlawful detainer,
consent thus.
We the jury, find that the defendant did (or did not) at
the time of the exhibition of the complaint filed in this
cause hold possession of the tenement therein mentioned,
against the. consent of the ajaintffr; that the said defendant
(hath! or "hath not) so held possession thereof
against the consent of the plaintiff, within three years
next before the exhibition of said complaint) and that the
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