the possession of the same; (or if it is a forcible detainer only, then the entry shall be described, and the detainer inserted as follows, to wit: And the said G. H. does unlawfully, unjustly, and with a strong hand, deforce and still keep out of the possession of the same:) You are therefore commanded in the name and by the authority of the state of Indiana, to cause to come before us, upon day of at the hour of

the 18 and at in the county aforesaid, twelve good and lawful jurymen of your county, to be empannelled and sworn to inquire into the forcible entry and detainer (or for the detainer only, as the case may be) before described. Given under our hands and seals, the day

of

18

SEC. 3. The said justices shall make out a summons to the party complained against, in the form following, to wit:

county, GREETING:

You are hereby commanded to summon G. H., yeòman of to appear before the undersigned two justices of the peace for the county of

on the

day of

at

aforesaid, at in

the hour of the county aforesaid, then and there to answer to and defend against the complaint of E. F. to us exhibited; wherein he complains that (here recite the complaint,) and make to us a return of this summons, with your proceedings therein, on or before the said day. Given under our hands and seals, the day of 18 A. B. Justices of the peace. C. D.S

B:}

Which summons shall be served upon the party complained against, or a copy thereof left at his usual place of abode, seven days exclusively before the day appointed by the justices for the trial; and if after the service of such summons, the party does not appear to defend, the justices shall proceed to the inquiry in the same manner af if he were present; and when the jury shall appear, the justices shall lay before them the complaint exhibited, and shall administer the following oath to the foreman and to the other jurors.

Foreman's oath,

You as foreman of this jury, do solemnly swear (or affirm) that you will well and truly try whether the complaint of E. F. against G. H. now laid before you, is true, according to the evidence: "So help you God."

The jurors' oath.

The same oath (or affirmation) that your foreman has taken on his part, you and each of you shall observe and keep on your respective parts: "So help you God."

And if the jury find the complaint to be true, they shall return their verdict in the form following:

At an inquisition held before A. B. and C. D. esquires, two justices of the peace for the county of state of Indiana, at

day of

and

in the county aforesaid, on the 18 , the jury on their oaths, do find that the lands (or tenements) bounded as follows, (as in the complaint,) on the day of

18 were in the lawful and rightful possession of the said E. F., and that said G. H. did on the same day unlawfully, with force and arms, and strong hands, enter forcibly upon the same: (or being lawfully upon the same, did unlawfully, with force and strong hands, expel and drive out the said E. F., and that he still continues wrongfully to detain the possession from him the said E. F.:) Wherefore the jury, upon their oath (or affirmation) as aforesaid, find that the said E. F. ought to have restitution thereof without delay.

SEC. 4. If by accident or challenge, there shall happen not to be a full jury, the sheriff shall fill the panel with bystanders 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 the form aforesaid; otherwise the defendant shall be allowed his legal costs, and have his execution thereof.

SEC. 5. If the jury shall return their verdict signed by the whole panel, that the verdict is supported by evidence, the justices shall enter up judgment for the complainant to have restitution of the premises, and shall

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award their writ of restitution accordingly; which writ of restitution shall be in the following form;

The state of Indiana,

To the of county, GREETING: Whereas, at an inquisition of forcible entry and detainer, held before us the undersigned two justices of the peace, for the county of in the said state of Indiin the county aforesaid, on the

ana, at

day of

day of 18, the jurors empannelled and sworn according to law, returned their verdict in writing, signed by each of them, that E. F. was on the 18 in the rightful possession of a certain messuage or tract of land, (as in the verdict returned,) and that &c: (as in the verdict:) Whereupon it was considered by us, justi ces as aforesaid, that E. F. should have restitution of the same. You are therefore commanded, that taking with you the force of the county, if necessary, you cause the said G. H. to be forthwith removed from the premises, and the said E. F. to have the peaceable restitution of the same; and also, that you levy of the goods, chattels or lands of the said G. H., the sum of , being costs taxed against him on the trial aforesaid, together with more for this writ and your own fees; and for want of such goods, chattels or lands of the said G. H. by you found, you are commanded to take the body of the said G. H., and him commit to the common jail of the said county, there to remain until he shall pay the sum aforesaid, together with all fees arising on the service of this writ, or until he be delivered by due course of law; and make return of this writ with your proceedings. Witness our hands and seals at aforesaid, the day

of

18

A. B. Justices of the peace.
C. D'S

SEC. 6. Every person or persons who shall be aggrieved by any proceedings which may be had under the provisions of this act, shall be entitled to an appeal to the circuit court of the same county, under the same restrictions and in the same manner that appeals are taken from the judgment of justices, under the statute respecting the trial of small causes; and the said circuit court shall hear and determine the same agreeably to the true intent and

meaning of this statute, and carry the same into final execution; but snch judgment shall be no bar to any after action brought by either party.

SEC. 7. This law shall not extend to any person who has had the occupancy, or been in the quiet possession of any lands or tenements for the space of three whole years together, next before, and whose estate therein is not determined or ended.

SEC. 8. This act to be in force from and after its publication.

Contempt.

Contempt is a disobedience to the orders or process of a court, or menacing or opprobious language, or disorderly conduct in the presence of a judge or justice, when acting in his official capacity.

When any person is guilty of a contempt before a justice of the peace, the justice has power to inflict a fine not exceeding three dollars, and also to imprison the offender, not exceeding three hours. But where the contempt is not committed in the presence of the justice, but consists in disobedience to legal process, the party may be brought in by attachment, and has a right to be heard in his own defence.-Witnesses, for non-attendance, are liable to a fine not exceeding three dollars. Rev. L. 311.-And jurors, and arbitrators, when duly summoned, are liable to a fine of fifty cents, for neglecting or refusing to attend. Id. 312.

Attachment against a witness for non-attendance.

State of Indiana, Warren county, to wit.

To any constable of township, GREETING. You are hereby commanded to attach Peter Slack, and bring him forthwith before me John Wise, a justice of the peace of said township at my office therein to answer for a contempt, in not attending as a witness for Charles Dunn, at the suit of Edward Fairclaim, after being duly summoned, and to show cause, if any he can, why he shall not be fined for said contempt. And of this writ make

due return.

Given under my hand and seal this 20th day of August, 1832. JOHN WISE, J. P. [SEAL.]

N

Mittimus for a contempt.

State of Indiana, Marion county, to-wit.

John Doe, a justice of the peace of Pike township to the keeper of the jail of said county, GREETING.

You are hereby commanded in the name of the state of Indiana, that you receive Abner Bone into your custody in the proper jail of said county, and him therein safely keep for the space of two hours and no longer, for a contempt this day committed before me, in refusing to be sworn as a witness in a certain cause depending before me, in which I was acting in my official capacity. Given under my hand and seal this 20th day of August, 1832. JOHN DOE J. P. [SEAL.]

Ne exeat.

The writ of ne exeat, to be issued by the judges of the circuit court has already been noticed; p. 59.—It is further provided, that in cases where the amount of the demand shall be within a jurisdiction of the justice of the peace, the creditor may appear before any justice of the proper county, and on making the requisite affidavit and giving bond, he may obtain from the justice a writ of ne exeat, directed to a constable, commanding him to bring the defendant before him, to shew cause why he shall not give special bail for the performance of the contract.

Form of affidavit prescribed by statute. Rev. L. 319.

or

I, A. B. do solemnly swear (or affirm) that C. D. is justly indebted to me, or to E. F. for whom I am agent or attorney (as the case may be) in the sum of $ that the said C. D. is holden to me, or to E, F. for whom I am agent, &c., by contract as follows: (here describe the contract, the time for the performance of which contract has not yet arrived;) and that I have reason to believe, and do verily believe, that the said C. D. is about to remove from this state. without leaving sufficient property for the payment or satisfaction of his just debts, (or, without providing for the performance of his said contract.)