Foreman's oath. Other Jurors' oath. Form of ver. dict. Verdict to be signed by all the Jurors. No appeal. [Foreman's Oath.] that you You, as Foreman of this Jury do solemnly swear, 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 the day of in the year of our Lord the Jury 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 wrongfully 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 return their verdict, signed by the whole pannel, that the complaint 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: Provided nevertheless, That the proceedings may be removed by certiorari into the Supreme Judicial Court, holden in such county, and ed by certiora be there quashed for irregularity, if any such 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. Proceedings may be remov ri. Tenants hold to this process. SEC. 4. Be it further enacted, That whenever any tenant ing over, liable whose estate in the premises is determined, shall unlawfully 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 virdict 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. X [Approved February 5, 1821.] :00: CHAPTER LXXX. An Act directing the mode of process, to be adopted in replevying of may have writ SEC. 1. BE it enacted by the Senate and House of Represent- owner of eat atives, in Legislature assembled, That when any person shall the impounded have his cattle restrained or impounded, in order to obtain of replevin. satisfaction for damages they may have committed, or to obtain a forfeiture, supposed to have been incurred for their go, ing at large out of the inclosure of the owner, in violation of law, in order to have the legality of such distraint or impounding determined, he may have and prosecute a writ of replevin for the liberation of the cattle thus impounded, in the form prescribed by law. defendants be given, in en, plaintiff SEC. 2. Be it further enacted, That when it shall appear In certain cases from the plea of the defendant in replevin, that the cattle were judgment for taken and impounded, damage feasant, or for the recovery of a damages may penalty incurred for their being found going at large, out of stead of return, the inclosure of the owner, in violation of law; and upon the if legally taken, issue it shall be determined that the cause of taking and detaining was lawful and justifiable, judgment shall, instead of a return of the cattle, be rendered for the defendant in replevin, to recover such reasonable damages, as upon a consideration of the circumstances of the case, the Justice, (or a Jury in case it comes before one,) shall assess, together with his costs of taking and impounding, and costs of defence: but if upon the If illegally taktrial of the issue, it shall appear, that the cattle were taken or shall have detained without sufficient or justifiable cause, the plaintiff in damages. replevin shall recover such reasonable damages for the taking and detaining, as the Justice, (or Jury, in case it comes before one,) shall assess, together with his costs; but when, from the matter of the plea of the defendant in replevin, damages with In certain cases propriety cannot be assessed, or that a restoration of the propheten dat my erty replevied is the best recompense the parties can have, and stead of damagupon the issue it shall he found, that the cattle were taken and detained lawfully, and for justifiable cause, the judgment shall be rendered, that the cattle be returned and restored to the defendant, irrepleviable, and for costs, and he be entitled to a writ of return and restitution accordingly. SEC. 3. Be it further enacted, That when it shall appear constitute the crime thermie compn the State' defendant es. When from plea it appears ages demanded lars, ings are to be had. from the plea or avowry of the defendant in replevin, that that the dam the sum demanded in damage for the taking and detaining exceed 20 dol- exceeds twenty dollars, or that the property of the beast taken, is the question between the parties, (in case the value exceeds twenty dollars,) or that the right to soil and freehold is coming in question, in every such case, the Justice shall not proceed to try the issue, but shall order the defendant in rewhat proceed plevin to recognize in a reasonable sum, with sufficient surety or sureties, to the adverse party, to enter the said action at the next Circuit Court of Common Pleas or the Supreme Judicial Court, to be held in the same county, as the plaintiff in replevin shall then and there elect and choose, and to prosecute the same to effect; and if such defendant in replevin shall neglect or refuse thus to recognize, the Justice shall render judgment against him in the same manner as if, he refused to make answer to the same suit. And in case such defendant shall, after recognizing fail of entering or prosecuting the same action, the plaintiff may enter and prosecute the action, or have his remedy on the recognizance, at his election. When goods are taken, distrain detained and elaimed by chird person, form of pro greding. SEC. 4. Be it further enacted, That when any goods or ed, attached or chattels shall be taken, distrained, attached, or unlawfully detained, which shall be claimed by a third person, and the person thus claiming the same, shall think proper to replevy them, in case such goods and chattels are of the value of more than twenty dollars, he may take out and prosecute his writ of replevin from the Clerk's office of the Circuit Court of Common Pleas, in the county where the goods and chattels are thus taken, distrained or attached in form prescribed by law. And in case the plaintiff in replevin shall neglect to enter and prosecute the suit, the defendant may upon complaint have judgment for a return and restoration of the goods and chattels replevied, and the damages for the taking to the amount of six per cent. on the bond, with reasonable costs, and a writ of return and restitution thereupon accordingly. Mode of asses- And if upon a trial of the issue, judgment shall be rendered for a return and restitution, the interest of six per cent. upon the penal sum of the bond, shall be taken as a rule for estimating the plaintiff's damages, in case they were taken on execution. And if the taking shall have been upon execution, the goods and chattels returned shall be held responsible for the space Attachment on of twenty days after the return; and if on mesne process, uncontinued in til thirty days shall have expired, after final judgment thereon, in case judgment shall not have been given; but if final judg ment on the mesne process shall have been given before the return, then for the space of twenty days only after the return, to the end, the creditor, at whose suit they were originally tak en, may have a complete remedy, and the benefit of his attachment. And the monies recovered by way of damages, by ficer to be to officer who has taken or attached any goods or chattels, any se of creditor. at the suit of a creditor shall be considered and taken as recov sing damages in different cases. mesne process eertain cases. Damages re covered by of ered to the use of the creditor;-and when received, be paid over to him accordingly. sue writ of case. SEC. 5. Be it further enacted, That when the Sheriff or Court may is other officer, unto whom the writ of return and restitution shall witheroam, in be directed, shall not be able to find the beast or other property in his precinct, which shall, by the same precept, be directed to be returned and restored irrepleviable, and the same shall appear in writing by the return of the officer thereon, the Court from whence the same issued, may, upon motion, grant a withernam against the plaintiff in replevin, to compel a complete and specific performance of the judgment, which writ of withernam shall be in form prescribed by law. writs in certain SEC. 6. Be it further enacted, That when the writ of return court may vaand restoration or writ, in withernam, shall issue from any oth-ry form of er Court of law, or for any other property than beasts, the cases. Court from whence the same shall issue, shall so vary the form as to them shall appear expedient to carry the same into full force and effect, as the nature and circumstances of the case shall require. [Approved January 27, 1821.] -::00:: CHAPTER LXXXI. An Act prescribing the mode of recovering Forfeitures of Personal Property liable thereto by law. property is feited, stored to the ing bonds, &c. SEC. 1. BE it enacted by the Senate and House of Representa- When personal lives, in Legislature assembled, That whenever any personal seized as forproperty shall be liable to forfeiture for any offence, any person or persons entitled thereto, or interested therein in whole or in part, may seize and shall safely keep the same till a final it may be redecree be had thereon, unless the owner or person from whom owner, he giv it was taken, claiming the same for himself, or some other per- for appraised son, shall give bond, with sufficient surety to the party seizing, value, to pay the appraised value thereof, when and if it shall be finally decreed forfeited; which value shall be appraised upon to be ascertainoath by three judicious and disinterested men, mutually chosen ed by men on by the parties, or, (in case of disagreement or refusal of the par- the parties or ty seizing,) appointed by a Justice of the Peace, in the county Justice. where the property was seized; but upon the giving or tendering such bonds, the property shall be delivered to such and if no perowner or claimant, and if no claimant shall appear, the party enthust be seizing shall be held to cause an inventory and appraisment also appraised of the property seized, to be made by three disinterested persons under oath, who shall be appointed by a Justice of the Peace in the county where the property shall be seized; which appraised value shall be the rule by which to determine where the libel shall be commenced. oath, chosen by appointed by a son appear to claim on oath. If propere SEC. 2. Be it further enacted, That if the property seized exceed twenty dollars in value, the party seizing the same the value of 20 notice. Manner. If property is elaimed, Court may try the cause by Jury. dollars, the par- shall within twenty days after the seizure, but not afterwards, ty seizing to libel it within file a libel in the Clerk's office of the Circuit Court of Com20 days in C. c. Com. Pleas. mon Pleas in the county where the offence was committed, stating the cause of seizure, and praying for a decree of forCourt to give feiture; whereupon the Clerk shall make out a notification to all persons to appear at such Court, and show cause, if any they have, why such property should not be decreed forfeit for such cause of seizure; which notifications the libellant shall cause to be inserted in some newspaper printed in the same county, if there be one, otherwise in some newspaper printed in the next or nearest county, or in Portland, fourteen days at least before the sitting of the Court at which the libel is to be tried; and upon entry of such libel, at the time when civil actions are to be entered in such Court, the Court shall have power to hear and determine the cause by a Jury, where there is a claimant, but without one, if, upon proclamation made, no claimant appears, and to decree the forfeiture and disposition of such property according to law, and may decree a sale and distribution of the proceeds, deducting charges where they think proper, and may also award costs against the claimants: and if such libel be not supported, or be discontinued, restitution of the property shall be decreed to the claimants, with cost. And if the Jury on the trial, where the seizure ground-libel is tried by a Jury, find the seizure groundless and withmay be decreed out probable cause, they shall assess, and the Court shall decree reasonable damages for the claimant with costs. And either party aggrieved at the decree of such Court, may appeal therefrom to the Supreme Judicial Court next to be holden in the same county; who shall have power, upon such appeal, finally to hear and determine the cause, and decree thereupon in manner aforesaid. and for good cause decree forfeiture. fr Jury find the less, damages to claimant. Either party may appeal. der 20 dollars, In case proper. SEC. 3. Be it further enacted, That when the property seizty seized be un-ed shall not exceed the value of twenty dollars, the libel shall the proceedings be preferred to some Justice of the Peace in the same county fore a Justice of where the offence was committed, within the time aforesaid; must be had be Peace. Pleas. who shall have power to hear, determine and decree thereupon as aforesaid, having first caused a like notification to be posted up, and which the libellant shall be held to do at some public place in the same county, seven days before the time Appeal allowed of trial; saving to either party aggrieved liberty of appeal to C. C. Com. from the decree of such Justice to next Circuit Court of Common Pleas to be held in and for said county; who shall have power finally to hear, determine and decree in the cause aforesaid; and depositions taken for legal cause, and according to law, may be used on the trial, as well before said Justice as before said Courts. And if any such appeal is not entered and prosecuted, the Court to which the same was made, upon complaint, may affirm the decree appealed from, with additional damages and costs, or with additional costs only, as the case may require. Depositions may be used as in other cases, Judgments for costs. &c. on complaint for affirmation. [Approved March 5, 1821.] |