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the lands, tenements or meffuages, are fituate, and upon due proof made before
them, the faid juftices, that the faid leffor or leffors had been quietly and peace-
ably poffeffed of the lands, tenements or meffuages, fo demanded to be delivered
up as aforefaid, that he, fhe or they, being fo poffeffed as aforefaid, let or leafed
as aforefaid the faid lands, tenements or meffuages, for a term which is now
paffed and expired, and that they have given notice in the manner aforefaid to the
tenant or tenants in poffeffion to quit the fame, and the faid tenant or tenants
have refufed or neglected fo to do, then and in fuch cafes it fhall and may be
lawful to and for the faid juftices, and they are hereby authorifed and required,
forthwith to iffue their warrant, under their hands and feals, to the fheriff of the
faid county directed, commanding him to fummon twelve good and lawful men
of his faid county, to be and appear on the premifes before the faid juftices, on a
day in the faid warrant mentioned, which fhall be the fourth day after iffuing the
faid warrant; and alfo at the fame time to iffue their fummons to the tenant or
tenants in poffeffion, to be ferved by the faid fheriff, that he, fhe or they, be and
appear on the day and at the fame place in the faid warrant mentioned, to fhew
caufe, if any he, fhe or they have, why reftitution of the poffeffion of the faid
lands, tenements or meffuages, fo demifed, let or leafed, as aforefaid, fhould not
be forthwith made to fuch leffor or leffors, his, her or their heirs, executors, ad-
miniftrators or affigns; and if, upon hearing the faid parties, or in cafe the faid
tenant or tenants in poffeffion fhall neglect to appear, after being fummoned as
aforefaid, proof thereof being made, it fhall appear in teftimony to the faid jury,
and be fo on their oath by them found, that the faid leffor or leffors had been in
poffeffion of the lands, tenements and meffuages, as aforefaid, and that he,
fhe or they, had demifed, let or leafed them as aforefaid, that the faid leafe or
eftate is fully ended and expired, that due notice to quit as afore&id had been
given to the faid tenant or tenants in poffeffion, and that he, fhe or they, refufed
fo to do, then it fhall and may be lawful to and for the faid juftices thereupon to
award reftitution of the poffeffion of the faid lands, tenements and meffuages, and
fhall forthwith iffue their warrant, under their hands and feals, to the fheriff di-
rected, commanding him forthwith to deliver to the faid leffor or leffors, his, her
or their heirs, executors, adminiftrators or affigns, the poffeffion of the faid lands,
tenements and meffuages, in as full and ample a manner as the faid leffor or lef-
fors were poffeffed of the fame at the time when the faid leafe was made and exe-
cuted; and the faid juftices, in fuch cafe, are further authorifed and required to
give judgment for cofts againft faid tenant or tenants fo holding over as aforefaid,
and thereupon to iffue forthwith execution, if required by the faid leffor or leffors,
his, her or their heirs or affigns; provided neverthelefs, that if the faid tenant in
poffeffion fhall allege, that the title to the faid lands, tenements and meffuages, is
difputed and claimed by fome other perfon or perfons whom he fhall name, in
virtue of a right or title accrued or happening fince the commencement of faid
leafe, by defcent, deed, or under the laft will and teftament of the faid leffor or
leffors, and if thereupon the perfon fo claiming as aforefaid fhall forthwith ap-
pear, or upon a fummons, immediately to be iffued by faid juftices, and returna-
ble in fix days next following, fhall appear before the faid juftices, and fhall, on
oath or affirmation, by the faid juftices to be adminiftered, declare, that he verily
believes that he is entitled in manner aforefaid to the faid lands, tenements and
meffuages, in queftion, and fhall, with two fufficient fureties, enter into bond
to the leffor or leffors, his, her or their heirs or affigns, in fuch fum as the faid
juftices fhall think proper, not lefs than three hundred pounds, to profecute his,
her or their claims at the next county court which fhall be held in and for faid
county thereafter, that then, and not otherwife, the faid juftices fhall forbear to
award reftitution of the poffeffion as aforefaid, and ceafe to give judgment for the
cofts as aforefaid; provided alfo, that if the faid claim fhall not be profecuted as
aforefaid, that the faid juftices fhall proceed to award reftitution of the poffeffion
as aforefaid, and iffue their warrant as aforefaid, and give judgment and iffue exe-
cution for the cofts as aforefaid, within ten days after the end of faid court, in
the fame manner as herein before enjoined and directed.
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CHAP.
XLIII.
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