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A. D. 1912.

Coroners, &c.,

Sec. 3721. Nothing contained in this Chapter shall affect Powers ofthe power and duty of Coroners, Clerks, or Magistrates, to to sum m on 'summon and empanel jurors, when authorized by other Civ. '02, provisions of law.

jurors.

2953.

County.

Sec. 3722. Whenever any Circuit Judge shall order food Juries to be to be furnished by the Sheriff to any jury charged with the paid by the consideration of a case, the expenses connected therewith shall be paid by the County Commissioners of the County in which such case is being tried, upon presentation of the bill of the Sheriff, certified as correct by the Presiding Judge.

Civ. '02, §* 2954.

TITLE III.

OF REMEDIES RELATING TO REAL PROPERTY.

CHAPTER XCVI. Certain Proceedings by Remaindermen,
Heirs, Etc.

CHAPTER XCVII. Forcible Entry and Detainer, and Sum-
mary Ejectment of Trespassers.

CHAPTER XCVIII. Escheats.

CHAPTER XCVI.

Certain Proceedings by Remaindermen, Heirs, Etc.

SEC.
3723. Remaindermen, &c., may com-
pel guardians, &c., to pro-
duce minor, &c.
3724. If not produced, to be taken
to be dead, and claimant
may enter on land, &c.
3725. On affidavit that minor, &c.,
is beyond sea, claimant may
send over persons to view
such minor, &c.

3726. If it appear that infant, &c.,
is alive after order made,
such infant, &c., may re-

enter.

SEC.

3727. Guardian to continue in pos-
session, &c., in certain cases.
3728. Guardians, &c., holding es-
tates after determination
of life of minor, &c., ad-
judged trespassers.
3729. Heirs, &c., may recover dam-
ages.

3730. Right of entry not tolled by
descent cast; exceptions.

A. D. 1912,

Re maindermen, &c., may

ians, &c., to

minor, &c.

Civ. §

Section 3723. Any person who shall have any claim or demand in or to any remainder, reversion, or expectancy compel guardin or to any estate after the death of any person within age, produce the married woman, or any other person whatsoever, upon affidavit made by the person so claiming such estate, of his 29. '02, or her title, and that he or she has cause to believe that such ninor, married woman, or other person is dead, and that his or her death is concealed by such guardian, trustee, husand, or any other person, may, once a year, apply to the Court of Common Pleas for an order requiring such

1

A. D. 1912.

If not produced, to be

dead, and

enter on land,

&c.

2956.

guardian, trustee, husband, or other person concealing, or suspected to conceal, the death of such person, at such time and place as the said Court shall direct, on due service of such order, to produce and show to such person and persons (not exceeding two) as shall, in such order, be named by the party prosecuting such order, such minor, married woman, or other person as aforesaid.

Sec. 3724. If the person proceeded against shall fail to taken to be produce such infant, married woman, or other person. claimant may according to the direction made, the Court may appoint Commissioners, before whom such infant, married woman, Civ. '02, or other person, may be produced. If the said person cannot be produced, or there should be other satisfactory proof before the Commissioners of the death of such person, they shall make return of the fact on oath; and such person sought shall be taken to be dead; and any lawful claimant of any estate held by or for such person, shall be let into the possession of the same.

On affidavit that minor,

Sec. 3725. Should it appear by affidavit that the person &c., is beyond sought is, or lately was, at some certain place beyond the

sea, claimant

persons to

minor, &c.

Civ. '02, S 2957.

may send over limits of this State, the Court may direct the Commissioners view suchto make personal search at the place or places named: Provided, That the person prosecuting such order shall provide the necessary expenses of such search. And upon return of the Commissioners, duly made and filed, of their failure to view such person alleged, concealed or absent, or other satisfactory proof of death, such person shall be taken to be dead; and any lawful claimant of any estate held by or for such person, shall be let into possession of the same. Sec. 3726. In case it should afterwards appear that such &c. is alive concealed or absent person sought was living at the time fant, &c. may any proceedings under the provisions of this Chapter were had, such person, or any and all persons claiming title under or through such person concealed or absent, may re-enter upon said estate, and may have their action of damages for the rents and profits during eviction.

If it appear

that infant,

after order made, such in

re-enter.

Civ. 02,

2958.

continue in

in certain

cases.

Guardian to Sec. 3727. Nothing herein contained shall prevent any possession &c., guardian, husband, or trustee, from showing by satisfactory proof that the infant, married woman, or other person Civ. 02, sought, was actually living at the time proceedings for a view of such person were commenced.

2959.

A. D. 1912,

Sec. 3728. Every person who, as guardian or trustee for Guardians,

after

of life of mi

any infant, and every other person having any estate deter- &c., holding minable upon any life or lives, who, after the determina-determina tion tion of such particular estate or interests, without the nor, &c., adexpress consent of him, her, or them, who are, or shall be, passers. next and immediately entitled upon and after the determination of such particular estates or interests, shall hold 2960. over and continue in possession of any lands, tenements, or hereditaments, shall be, and are hereby, adjudged to be trespassers.

Civ. '02,

may recover

2961.

Sec. 3729. Every person and persons, his, her, and their Heirs, &c., executors and administrators, who are, or shall be, entitled damages. to any such lands, tenements, and hereditaments, upon or Civ. '02, S after the determination of such particular estates or interests, shall and may recover in damages against every such person or persons so holding over as aforesaid, and against his, her, or their executors or administrators, the full value of the profits received during such wrongful possession as aforesaid.

entry not

from lawfu}

reason of any

ing seized, &e.

Civ. '02,

Sec. 3730. The dying of any disseizor, seized of or in Right of ny lands, tenements, or other hereditaments, having no taken a way right or title therein, shall not be taken or deemed any such heirs, &c., by descent as to take away the entry of any such person or per- disseizor dysons, or their heirs, which, at the time of the same descent, had good and lawful title of entry into said lands, tenements, 2962. or hereditaments, except such disseizor has had the peaceaole possession of such lands, tenements, or hereditaments, for the space of ten years next after the disseizin therein by im committed, without entry or continual claim by or of such person or persons as have lawful title thereunto.

A. D. 1912.

CHAPTER XCVII.

Forcible Entry and Detainer, and Summary Ejectment of
Trespassers.

ARTICLE 1. Forcible Entry and Detainer.
ARTICLE 2. Summary Ejectment of Trespassers.

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None but

lawful and

try to be made.

Section 3731. No person shall make any entry into an peaceable en lands and tenements, but in case where entry is given by law; and in such case not with strong hand, nor with mult tude of people, but only in peaceable and easy manner.

Civ. '02, S

2963.

Magistrates

to have juris

forcible en

State v. Seivin, 1 Brev., 119; State v. Huntington, 3 Brev., 111.

Sec. 3732. Any two Magistrates of the County wheret diction of such lands and tenements may be situated, shall have tries and de-authority and power to inquire by the people of the same County, as well of them that make forcible entries in lands and tenements, as of them which hold the same with force.

tainers.

Civ. '02, § 2964.

State v. Huntington, 3 Brev., 111. It is not necessary to constitute a ferd ble entry that it should be made by a multitude.-State v. Burt, 3 Brev., 41% Any actual unlawful taking possession is a forcible entry.—I.

Sec. 3733. If it be found, before any of them, that any do contrary to this Chapter, then the said Magistrates shall

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