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that they have given notice in the manner aforesaid to the
tenant or tenants in possession to quit the same, and that the
said tenant or tenants have refused or neglected so to do, then
and in such cases it shall and may be lawful to and for the said
justices, and they are hereby authorized and required, forthwith
to issue their warrant, under their hands and seals, to the sheriff
of the said county directed, commanding him to summon twelve
good and lawful men of his said county, to be and appear on the
premises before the said justices, on a day in the said warrant
mentioned, which shall be the fourth day after issuing the said
warrant ; and also at the same time to issue their summons to
the tenant or tenants in possession, to be served by the said
sheriff, that he, she or they, be and appear on the day and at
the same place in the said warrant mentioned, to shew cause,
if any he, she or they have, why restitution of the possession of
the said lands, tenements or messuages, so demised, let or
leased, as aforesaid, should not be forthwith made to such lessor
or lessors, his, her or their heirs, executors, administrators or
assigns ; and if, upon hearing the said parties, or in case the
said tenant or tenants in possession shall neglect to appear,
after being summoned as aforesaid, proof thereof being made, it
shall appear in testimony to the said jury, and be so on their
oath by them found, that the said lessor or lessors had been in
possession of the lands, tenements and messuages, as aforesaid,
and that he, she or they, had demised, let or leased them as
aforesaid, that the said lease or estate is fully ended and ex-
pired, that due notice to quit as aforesaid had been given to the
said tenant or tenants in possession, and that he, she or they,
refused so to do, then it shall and may be lawful to and for the
said justices thereupon to award restitution of the possession of
the said lands, tenements and messuages, and shall forthwith
issue their warrant, under their hands and seals, to the sheriff
directed, commanding him forthwith to deliver to the said lessor
or lessors, his, her or their heirs, executors, administrators or
assigns, the possession of the said lands, tenements and mes-
suages, iu as full and ample a manner as the said lessor or
lessors were possessed of the same at the time when the said
lease was made and executed ; and the said justices, in such
cases, are further authorized and required to give judgment for
costs against said tenant or tenants so holding over as aforesaid,
and thereupon to issue forthwith execution, if required by the
said lessor or lessors, his, her or their heirs or assigns ; provided
nevertheless, that if the said tenant in possession shall allege,
that the title to the said lands, tenements and messuages, is dis-
puted and claimed by some other person or persons, whom he
shall name, in virtue of a right or title accrued or happening
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Lessors,
after notice,
may com-
plain, &c.
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