Act of February 12, 1814. R. C. ch. 115. day of tion of the possession thereof: These are, therefore, in the name of the commonwealth, to require you to summon the said C. D. to appear at the courthouse of your county (or corporation) on the , before the justices of the county (or corporation) aforesaid, to answer the complaint aforesaid; and also to require you to summon at least eighteen good and lawful men, being freeholders of your bailiwick, and not of kin to either party, then and there to be attendant upon the said justices, as jurors, to try the complaint aforesaid. You are furthermore required to give notice of this warrant to at least two other justices of the peace for the said county (or corporation) and to request their attendance at the time and place aforesaid; and have then there this warrant. Witness my hand and seal this day of E. F. [Seal.] 7. § 7. The warrant aforesaid shall be directed to the sheriff, serjeant or coroner, as the case may require; shall be made returnable on a day certain, not less than ten, nor more than twenty days, after its date; and shall be forthwith executed by the proper officer, who shall make due return to the justices, at the time and place therein mentioned, of the manner in which he shall have executed the same. 8. § 8. The said warrant shall be served on the defendant at least eight days before the return day, either by delivering to him a copy thereof, or, if he cannot be found, by delivering a copy to any white person of his family above the age of sixteen years, at his usual place of residence; or, if no such person be found, then by setting up a copy on some conspicuous place on the tenement in the warrant mentioned. 9. § 9. At any time after such warrant shall have been issued, it shall be lawful for the justice issuing the same, or any justice of the peace for the county or corporation, or for the clerk of the county or corporation court, as the case may be, upon the application of either party, to issue subpænas for witnesses, requiring them to attend at the courthouse, before the justices, at the time appointed as aforesaid, to give evidence on the trial. Any subpœna, so issued, shall be executed in the same manner, and, to all intents and purposes, shall have the same force and effect, as a subpœna issued according to law, in a cause depending in any county court. 10. § 10. It shall be the duty of the justices notified as aforesaid, and of the justice who shall have issued the warrant, to attend at the courthouse on the day therein specified, for the purpose of holding a court for the trial of the complaint aforesaid; for which purpose, such justices, or any two of them, or any two or more justices of the county or corporation, as the case may be, shall constitute a court. Such court shall be considered a court of record; they shall have power to issue all proper process to bring before them witnesses, or other persons, whose attendance may be lawfully required by them; and they may adjourn from day to day, and from time to time, until the trial shall be ended; the sheriff, serjeant or coroner, as the case may require, shall be attendant upon them, and execute their orders: And the clerk of the county or corporation court, as the case may be, shall attend them, and shall record their proceedings in the proper books of his office, and file away and preserve the complaint and warrant aforesaid, with all other papers exhibited on he trial. 11. § 11. When the justices shall have so met, and formed a court, on the day and at the place aforesaid,(1) if it shall appear to them that the defendant (1) On failure of justices to meet, or on failure of jury to agree in a verdict, in either case, the failure shall not operate a discontinuance of the cause, but the same shall stand continued till the next regular court of the county or corporation, whether month- Act Act of February 12, 1814. R. C. ch. 115. has been duly served with the warrant, agreeably to the requisitions of this act, they shall proceed, without further pleadings in writing, to empannel a jury for the trial of the complaint aforesaid. The jury shall be composed of any twelve of the freeholders, summoned as aforesaid, to be selected by lot, to whom neither party hath any legal exception; or, if a sufficient number of such freeholders, to whom neither party hath any legal exception, be not attending, the deficiency shall be made up of bystanders, being freeholders of the county or corporation. 12. § 12. When the jury shall have been so empannelled, they shall be charged on oath, in the following manner, that is to say: If the complaint be of a forcible entry, or of an unlawful entry, they shall be charged thus: You shall well and truly try, whether the defendant C. D., at any time within three years next before the exhibition 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 possession thereof; and whether the said defendant continued to hold the possession thereof at the time of the exhibition of said complaint. And you shall find a true verdict thereupon according to the evidence. So help you God. Or, if the complaint be of an unlawful detainer against the consent of the plaintiff, they shall be charged thus: You shall well and truly try, whether the defendant C. D. against the consent of the plaintiff, holds possession of the tenement mentioned in the complaint filed in this cause; whether the said defendant hath so held possession thereof, against the consent of the plaintiff, for three years next before the exhibition of the said complaint; and whether the plaintiff hath the right of possession in the tenement aforesaid; and you shall find a true verdict thereupon according to the evidence. So help you God. 13. § 13. The jury being so empannelled and charged, the justices shall then admit before them all legal evidence which shall be offered, as well on the part of the defendant as on the part of the plaintiff'; shall suffer each party to be heard by counsel; shall decide all questions of law which shall be properly submitted to them, in the course of the trial; shall admit bills of exceptions to their opinions; and shall in all respects, conduct the trial according to the usages of courts of law in this commonwealth.(b) 14. § 14. When the jury have unanimously agreed upon their verdict, they shall find the same in the following form, or to the following effect; that is to say: In cases of forcible entry, or unlawful entry, thus: We, the jury, find that the defendant did, (or did not,) within three years next before the exhibition of the complaint filed by the plaintiff in this cause, forcibly (or unlawfully) enter upon the tenement, in the said complaint mentioned, and turn the plaintiff out of possession thereof; and that the said defendant did (or did not) continue to hold possession thereof, at the date of the said complaint. Or, in case of unlawful detainer against the plaintiff's 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 plaintiff; that the defendant hath (or hath not) so held possession thereof against the consent of the plaintiff, for (b) They may grant a new trial. Hammock v. Wilson, gen'l ct. Nov. T. 1822. The justices before whom any trial shall be had, shall have power to grant new trials in the same manner and under the same limitations as is allowed in other civil cases; and where such new trial shall be granted by the justices before whom the first verdict shall be rendered, the cause shall be continued to the regular term of the county or corporation court, and the new trial there had in the manner herein prescribed for new trials after reversal of the judgment. Act of Feb. 28, 1826, Ses. Acts 1825-6, c. 24, § 3, Sup. R. C. ch. 195, § 3, p. 257. Act of February 12, 1814. R. C. ch. 115. three years next before the exhibition of said complaint; and that the plaintiff hath (or hath not) the right of possession in the tenement aforesaid. 15. § 15. 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 of possession, was made by the defendant within three years before the exhibition of the complaint, and that the defendant's 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 possession 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, for 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 these cases, the justices shall render judgment in favour of the plaintiff, that he recover possession of the tenement aforesaid, with full costs, and shall award a writ of habere facias possessionem. (a) 16. 16. If the verdict found as aforesaid, in either of the said cases, shall be in favour 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. § 17. The judgment of the justices rendered as aforesaid, either in favour of the plaintiff, or in favour 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 or corporation, at an ordinary term thereof. And either party thinking himself aggrieved thereby shall have the same remedy to correct any error therein, either by writ of error, or supersedeas, as if it had been the judgment of such county or corporation court.(8) 18. § 18. No judgment rendered as aforesaid, either for the plaintiff or de (a) How executed, &c., see The U. States v. Lowry, 2 Wash. C. Ct. Rep. 169. By act of Feb. 28, 1826, Ses. Acts 18256, c. 24, § 4, Sup. R. C. c. 195, § 4, p. 257, it is provided "that when any judgment shall be rendered against a defendant under [the revised act of 1814] and this act, it shall be lawful for the justices to suspend the execution of such judgment for a period not exceeding twenty days: Provided, that the defendant shall first procure the certificate of counsel practising in the court, that, in his opinion, the judgment is erroneous; that he means to apply for a writ of error or supersedeas to correct it; and shall moreover give bond, by himself or some person for him, with good security, payable to the plaintiff, in such penalty as the court shall prescribe, conditioned to indemnify the plaintiff for all waste or injury to the tenement and its appurtenances, which may be done, or permitted by the defendant, or any claiming under him." (8) By act of Feb. 28, 1826, Ses. Acts 18256, c. 24, § 1, 2, Sup. R. C. c. 195, § 1, 2, p. 256, 257, it is enacted, § 1. "That every judgment rendered under the act of assembly entitled, an act to explain and amend an act, reducing into one the several acts concerning forcible en tries and detainers, passed on the 12th day of Feb. 1814, shall be regarded as a judgment of the court of that county or corporation by the justices whereof the said judg ment shall have been rendered. And if any such judgment shall be reversed for error in an appellate court, and further proceedings be necessary to a final judgment, the cause shall be remanded for that purpose to such county or corporation court. § 2. "When any such cause shall have been so remanded, it shall be cognizable before the court of the county or corporation at its regular term, whether monthly or quarterly, and shall be proceeded in to final judgment without delay, and in preference to other civil causes. If a new trial be required, a jury of freeholders shall be empannelled therefor, either at a monthly or quarterly term, in the manner in which other juries are empannelled in such court; and being so empannelled, they shall be charged, the trial shall be conducted, and the verdict rendered in the manner prescribed by the 12th, 13th and 14th sections of the above recited act. On such verdict the judgment shall be rendered and executed, may be corrected for error, and shall have the same effect as is provided by the aforesaid act." Act of February 12, 1814. R. C. ch. 115. fendant, shall bar any action of trespass, or any writ of ejectment or writ of right, between the same parties, respecting the same tenement, nor shall any verdict found as aforesaid be held conclusive of the facts therein found, in any such action of trespass, ejectment or writ of right.(c) 19. § 19. Every juror summoned to attend the justices aforesaid, and failing to attend without sufficient cause therefor, shall be liable to a fine of sixteen dollars, to the use of the commonwealth, which may be imposed by the justices aforesaid, or by the court of the county or corporation, at their ordinary terms. 20. § 20. The sheriff, or other proper officer, shall be allowed, for his services in executing and returning the warrant aforesaid, the sum of four dollars, and for attending the justices during the trial, the sum of one dollar and five cents for each day: All other fees of officers for services rendered, in relation to the proceedings and trial aforesaid, shall be the same as the fees for similar services rendered in a suit at law, respecting the title of land, depending in a county or corporation court. Act of January 23, 1819-January 1, 1820. R. C. ch. 162. 3, 4 7 5,6 1. § 4. If any citizen or inhabitant of this commonwealth, shall go beyond the limits of the United States, within the acknowledged jurisdiction of any civilized nation in amity with the United States, and shall, within the same, commit any crime for which, in the judgment of the United States in congress assembled, the law of nations, or any treaty between the United States and a foreign nation, require him to be surrendered to the offended nation, and shall thereafter flee within the limits of this commonwealth, and the sovereign of the offended nation shall exhibit to the government of the United States due and satisfactory evidence of the crime, with a demand of the offender, to be tried and punished where the same was committed; and the said government, pursuant to the laws and constitution of the United States, shall thereupon notify such demand to the executive of this state, and call for the surrender of such offender, the governor, with the advice of the council of state, is hereby authorized to cause him to be apprehended, conveyed and delivered to such person or persons as the government of the United States shall prescribe. Oct. 1784, c. 63, 11 Stat. Larg. 471. 2. § 5. Whenever the executive authority of any state in the union, or of any territory of the United States, shall demand of the executive of this com Act of January 28, 1819—January 1, 1820. R. C. ch. 162. monwealth, any person who shall have fled hither from any such state or territory, and shall moreover produce the copy of an indictment, or an affidavit, charging the person so demanded with having committed treason, felony or other crime,(b) such copy of the indictment, or such affidavit, being certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled,) it shall be the duty of the executive of this commonwealth to cause such person to be arrested (a) and secured, and notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive; and to cause such fugitive to be delivered to such agent, if he shall appear within six months from the time of such arrest, and pay all costs and expenses, incurred in apprehending and securing the fugitive; otherwise the said fugitive may be discharged. (Rev. 1819.) 3. § 6. Whenever any person in custody of the officer of any court of record within this commonwealth, shall be charged before such court with any treason, felony or other crime, committed in any other of the United States, or in any territory thereof, and such charge shall be verified, by credible affidavit, by the copy of an indictment found in such state or territory, or by other satisfactory evidence, it shall be the duty of such court, if they have probable cause to believe that such person hath committed the offence, wherewith he is charged, and that he ought to be tried therefor in such other state or territory, to cause such person forthwith to be delivered to the agent appointed to receive him, by the executive authority of such state or territory, if any there be; or if there be none, then to order such prisoner to be detained in custody; to cause a copy of the proceedings to be transmitted, by the clerk, to the executive authority of such state or territory, and published in some fit newspaper; and to cause such prisoner to be delivered to any agent of such executive authority, who may be appointed to receive him: Provided however, That in every such order for detaining the prisoner in custody, a time certain shall be appointed, not exceeding six months from the date of the order, within which, if such executive agent do not appear, pay all costs attending such commit (b) An offence made indictable by statute, as a crime, within the meaning of the constitution of United States and act of congress on this subject, and on habeas corpus, a court or judge, before whom a prisoner is brought, arrested as a fugitive from justice, by a warrant from the executive of one state, on the requisition of the executive of another state, under the constitution and laws of the United States, will not enquire as to the probable guilt of the accused; the only enquiry is, whether the warrant on which he is arrested states that the fugitive has been demanded by the executive of the state from which he is alleged to have fled, and that a copy of the indictment, or an affidavit, charging him with having committed treason, felony, or other crime, certified by the executive demanding him, is authentic, has been presented. In Clarke, 9 Wend. 212. (a) This sec. is taken from the act of congress, February 12, 1793, respecting fugitives from justice, &c., sec. 1, 2 vol. p. 331, ed. Colv. "When the executive authority shall demand," &c.,-" it shall be the duty of the executive of this commonwealth to cause such person to be arrested," &c. Has a justice of the peace authority to issue warrants of arrest against fugitives from another state, on the application of a private individual, supported by evidence in the ordinary way? "I grant," said C. J. Tilghman, "that when the executive has been in the habit of delivering up fugitives, or is obliged by treaty, the magistrates may issue warrants of arrest, of their own accord, (on proper evidence,) in order the more effectually to accomplish the intent of the government, by preventing the escape of the criminal. On this principle we arrest offenders, who have fled from one of the United States to another, even before a demand has been made by the executive of the state from which they fled." The Comth. v. Deacon, 10 Serg. & Raw. 135; and see The People v. Schenck, 2 Johns. R. 479; Simmons v. The Comth. 5 Binney, 617-630; Mims v. Dupont, Cir. Ct. U. S. eas. dist. Penn. 1811, 3 Wash. Ct. Ct. Rep. 31, Judge Washington's op. and 2 Bro. 52, Ex parte Smith, 5 Cowen, 273; State v. Anderson, 1 Hill, S. C. Rep. (1833) 327; Goodhue's case, 1 W. C. Law, 433; State v. Howell, Charlton, (Geo. R.) 120. See also, post. No. 4. |