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county aforesaid, did unlawfully make a forcible entry into this do ponent's dwelling-house, situate in said town, bounded, &c., [insert description,) and then and there, with strong hand and with multitude of people, did violently, forcibly, and unlawfully eject and ex. pel this deponent from his said dwelling-house, and doth still unlaw, fully, forcibly, and with strong hand, detain and hold the said dwelling-house, and the possession thereof, from this deponent. And this deponent further saith, That he had an estate of freehold in the said dwelling-house at the time of the said forcible entry and detainer, which then was and still is subsisting.
Sworn, &c., (as in Vath of Holding Over.]
Order to Summon the Jury of Inquiry.
In the name of the People of the State of - you are hereby commanded to cause to come before me, at the house of
- iD the town of in said county, on the
-, instant, twenty-four good and lawful inhabitants of the said county, duly qualified by law to serve as jurors, to inquire upon their oaths for the said People, of certain forcible entry and detainer unlawfully made by J. D., as said, into the dwelling-house of one D. S., in the town of - in said county, against the form of the statute in such case made and provided. And have you then there this order
In witness, &c., (as in Summons to Remove.]
Notice to the Person Complained of. To On the complaint of D. S., of the town of in the cour ty of
made to mo, the undersigned, one of the Judges of the (lounty Courts of said county, That you did unlawfully make a forvible entry into the dwelling-house of the said D. S., situate in said town, and bounded, (insert description,) and then and there, with strong hand and with multitude of people, did violently, forcibly, and unlawfully eject and expel the said D. S. from his said dwellinghouse, and do still unlawfully, forcibly, and with strong hand, de. tain and hold the said dwelling-house, and the possession thereof, from the said D. S. : I have this day issued my precept, directed to the Sheriff or any Constable of said county, commanding him to cause to come before me, at the house of , in the town of in said county, on the
instant, twenty-four good and lawful inhabitants of the said county, duly qualified by law to serve as jurors, to inquire upon their oaths of the said foroi blo cu. try and detainer. Of all which you are hereby notified.
Witness, &o, las in Summons to Remove.)
Affidavit of Service of preceding Notice County, ss. 0. P. being sworn, saith : That on the
--, instam be served a notice, of which the annexed is a copy, on J. D., by delivering the same to him personally (or, by delivering the same op the premises in question to A. D., the son of said J. D. of the ago of twenty years and upwards, because the said S. D. could not bo found; 01, by affixing the same on the front door of the house in question, there being no person on the premises ; or, by affixing the same on a post at the principal entrance of said premises, being, public and suitable place, there being no house or person on said premises.)
Sworn, &c., (as in Oath of Holding Over.)
Juror's Oath. You, and each of you, do swear, That you will well and trulyinohn Doe, concerning an alleged forcible entry and detainer of lands and possessions, and a true inquisition thereof will make. So belp you
in the year
Inquisition of the Jury of Inquiry.
by the oaths and affirmations of P. Q., &o., [here insert the names of the jurors sworn or by whom the inquisition is signed,] inhabitants of said county, duly qualified to serve as jurors, before J. J. Esq., one of the judges of the county courts of said county, who say upon their oaths and affirmations aforesaid, That D.S., of the town of,
aforesaid, merchant, long since had an estate of freehold in the dwelling-house, with the appurtenances, situated in the town of aforesaid, and bounded, &c.; and that the said D, S. was long since lawfully and peaceably possessed thereof; and that his mid estate and possession so obsisted and continued until J. D., of the same place, blacksmith, and other persons unknown, on the
-,&c., with strong hand, and with multitude of peo. ple, did forcibly and unlawfully enter into the said land and prem, íses, and expel him, the snid D. S., therefrom. And him, the said D. S., so expelled from the said dwelling-house, with the appurte. nancos aforesaid, from the said day of --, &c., until the day of the taking of this inquisition, with like strong hand unlaw fully and forcibly did keep out, and doth yet keep out to the great disturbance of the peace of the people of the State of and code
- day of
trary to the form )f the statute in such case inade , and that the said estate of the said D. S. still subsists therein.
And we, the jurors aforesaid, whose names are hereto set, do, in the evidence produced before us, find the inquisttion aforesaid true
[To be signed by the jurors.
ON THE COMPLAINT OF D. 8.
before the said J. J., one of the judges of the county courts of said county of
came the said J. D., in his proper person, and hav. ing heard the said inquisition read, says, That he is not guilty of any of the matters set forth therein, and of this he puts himself upon the country, &c.
Or, having heard the said inquisition read, says, 'That he, the said J. D., or his ancestors, or those whose estate he has in sail lands, have been in quiet possession thereof for three wholo years next before the said inquisition was found, and that his interest therein is not ended nor determined, and of this he puts himself upon the country, &c.
Venire for Petit Jury.
The People of the State of command you to summon por: sonally twelve good and lawful men of the town of in said county, duly qualified to serve as jurors, and not exempt from serv. ing on juries in courts of Record, and in no wise of kin to D, S. or to J. D., to come before J. J., one of the judges of the county courts of said county, at the house of - in the town of aforesaid, on the day of
- instant, to make a jury of the country, upon their oaths to try a certain traverse of an in juisi. tion found upon the complaint of D. S., and now pending before the said J. J., against J. D., of said county, blacksmith, for a certain forcible and unlawful entry made by the said J. D. with strong hand, into the dwelling-house of the said D. S., in the towo of -, in said county, and for the forcible and unlawful detainer thereof, against the form of the statute in such case made and pro vided; and that you mako a list of the persons summoned, certify and annex the same to this precept, and make return hereof to me.
Witness, &c. (as in Summons lo remove./
Juror's Oath upon the Traverse. You, und each of you, do swear, That you will well and truly benr, try, and determine this issue of traverse, between the people of the State of, and J. D., the defendant. So help you God.
Warrant to the Sheriff or Constable to make Restitution
stable of the said county, greeting:
last, make complaint to the undersigned J. J., one of the judges of the county courts of said county, that John Doe, of aforesaid, on the day of —&c., [reciting the complaint to the word "provided" at the end.]
You are therefore hereby commanded to go to the said premises, taking with you the power of the county, if necessary, and to cause the said D. S. to be restored and put into the full possession of the said dwelling-house and premises, according to his estate and right therein before the said entry, in pursuance of the statute in such case made and provided.
And you are also commanded to levy the said sum of $- of the goods and chattels of the said John Doe (excepting such goods and chattels as are by law exempted from execution), and to bring the money before me within thirty days from the date hereof, to render to the said D. S.; and if no goods or chattels can be found, or not sufficient to satisfy the said sum of money, you are commanded to take the body of the said John Doe, and convey him to the common jail of the said county, there to remain until the said sum of money, and your fees for collecting the same, shall be satistied and paid.
Witness, &c., (as in Summons to Remove.]
DEBTOR AND CREDITOR.
Every insolvent may be legally released from his debts, upon executing an assignment of all his property to his creditors. The method of proceeding is as follows :- 1st. He must present a petition (800 Petition of Insolvent Debtor), signed by himself and by so many of his creditors residing in the United States as have debts in good faith owing to them by such debtor, and amounting to two thirds of all his debts owłng to creditors, to the Judge or Judges of the County Court in which he may reside ; the petition to be accom. nanied by the affidavits of the debtor and petitioning creditors (see Forms); also, by a schedule, containing a full and correct account of all the debtor's creditors, the sums owing to rach, and what for, the place where the debts accrued, the residence of each creditor, and the assets, real and personal, of the debtor, and the incumbrances thereon, and of all the books, vouchers, and securities relating thereto. 2d. The officer must notify the creditors, personally or by letter, of the petitioner's appeal, and call upon them to show cause, if any, why he should not be released from his debts. Notice to this effect must be published in the State paper, and in the principal county paper, once in each week for six sucConsive weeks, if all the creditors reside in the county; and once A-week for ten weeks, if any them of reside one hundred miles from the county. 3. At the time of the hearing the officer hears the proofs and statements of the parties to the petition; if there is RO opposition, be enters an order requiring the debtor to make an assignment. 4th. When the officer has received proof of such assignment, he grants the discharge, and the debtor is free. Credi. tors, however, if so disposed, may demand to have the case tried, like any other cause, before a jury.
A discharge from his debts, in this manner, extinguishes al) claims against him at the time of the assignment, including all bills and notes made before that date, although not yet due; also, froin all judgments and debts of every kind soever.
Such petitions must be presented in the country to the County Judge ; in cities, to the Recorder, or to a Justice of the Supreme or Superior Courts. The officer to whom it is presented must re. side in the same county with the debtor; in case no officer in the county is authorized to act in such matters, the petition may be presented to an officer in any other county ; the hearing, however, must, in all cases, take place in the county where the debtor resides.
When fraud can be shown against the debtor, in collusion with certain creditors, wrongful interference with property onoe in the hands of the assignee, fraudulent preferences, or false statements it will prevent him from obtaining the discharge.
Experience has shown that the easiest and cheap :st method of obtaining a discharge, is by making a composition, for so many cents per dollar, with the creditors in person.
When a debtor is imprisoned for crime for any term less than his natural life, any creditor may petition for trustees to take charge of his estate. When he is released from prison, either by