1822 - Edocs

s
L
f
quiet posseslion
for three years
*Ifjudgment against
plaintiff.
Execution of judgment.
• Appeal.
Traverse
Judgment as aforesaid
no bar.
180
plaintiff hath (or hath not) the right of possession in the
tenement aforesaid.
15. Be it further enacted, That, if the verdict so found,
on a complaint of a forcible entry, or of an unlawful entry,
shall ascertain that such forcible entry, or unlawful
entry as the case may be, whereby the plaintiff was turned
out uf possession, was made by the defendant within
three years before the exhibition *of the complaint, and
that the defendants possession continued at the time of
exhibiting the complaint; or, if the verdict found as aforesaid,
upon a complaint of unlawful detainer against the
consent of the plaintiff, shall ascertain that the defendant,
at the time of the exhibition of said complaint, held the
poss^ ssion of the tenement therein mentioned, against
the consent of the plaintiff; that the said defendant had
not so held, against the consent of-the plaintiff, within
three years next before the exhibition of said complaint;
and that the plaintiff hath the right* of possession, in the
tenement aforesaid; then, in either of tin se cas. s, the
justice shall render judgment in favor of the plaintiff,
that he recover possession of the tenement aforesaid,
with full costs, and shall award a writ of habere facias
possessionem.
16. Be it further enacted, That, if the verdict found as
aforesaid, in either of the said cases, shall be in favor of
the defendant, the justices shall render judgment against
the plaintiff, that his complaint be dismissed, and that
the defendant recover of him full costs.
17. Be it further enacted, That, the judgment of the
justices rendered as aforesaid, either in favor of the plaintiff,
or in favor of the defendant, shall in all respects, be
executed in the same manner, as if it had been the judgment
of the court of the county at any ordinary term
thereof. But if either party think himself aggrieved he
shall have a right to appral to the next circuit court of
the county, on filing with said justices a traverse to this
effect, A. B. says the inquisition in this case is not true,
he therefore prays *an appeal to the circuit court—upon
which the justices shall suspend all further proceedings
and certify a copy thereof to the circuit court, on the appellants
giving bond and security to be^approved of by
said justices, to answer all costs occasioned thereby.
Which said traverse shall be tried as an original case and
the verdict of the jury, shall say whether the said inquisition
be true or not true, and judgment shall be pronounced
and execution issue accordingly.
18. Be it further "nacted, That, no judgment rendered
as aforesaid, either for the plaintiff or defendant, shall
bar any action of tresspass, or any writ wf ejectment or
writ of right, between the same parties, respecting the
same tenement, nor shall any verdict found as aforesaid