Art. 103. Whenever a person is forcibly and wrongfully disturbed or hin-dered, in the peaceable possession and enjoyment of any immoveable property or estate, which he has lawfully and quietly used and possessed, for the period of a year and a day, or a longer time, either in his own right, or that of his ancestors or family, &c. he may, in the fust instance, apply by petition to the Court, for a writ termed « mandament of complaint," whereby Commissioners shall be appointed, who having made inquiry on the spot, into the nature and fact of the petitioner's possession, shall require the party complained against, to desist ûom further molesting the petitioner, and to refund to him all damages which he
the Supreme Executive Power, never to attempt the like molestation agani,, and further to pay the costs ;—and in case such party shall notwithstanding, make op-position, after proof .of the petitioner's possessory rit'ht, fact of possession and
molestation, to restore the petitioner, at least provisionally, to the possession of the estate in question : after which they shall take the property in dispute into their hands, in the name of the Chief Executive Power, and cause the same to be taken care of and preserved, (by sequestration if need be,) and appoint the parties to appear on a certain (lay before the Court, for the purpose of hearing the proceed-ings of such Commission confirmed and approved, and to discuss with each other, the controverted right of possession, and of being maintained therein, (the jus tetinende possessiojii's or Maintenue,) as weil a3 the right of conditional restitu-tion, granted as aforesaid by the Commission, according to law.
Art 104. After the obtaining and issuing of the above writ, the Plaintiff shall request the Commissioners and their Clerk,x to repair .to the spot, and to hold an inquest there with respect to the Plaintiff's possession, according to the circumstances, and the nature of the trespass or injury Complained of.
Art. 105. The Commissioners having repaired to the spot and met on the day fixed, they shall cause demonstration to be made before them, and take inspec-tion of the premises, and further authorise the Tipstaff to summon all such witnesses as may be required by the Plaintiff, to deliver their evidence on the matter of the complaint.
Art. 106. On the appearance of the witnesses, the Commissioners shall proceed to hear and examine them upon oath, on the matter of the allegations and facts contained in the original petition, and in a statement to be delivered by the
Plain-tiff to the Commissioners. ; Art. 107. After such examination has been gone through, the Petitioner shall
make a declaration before the Commissioners, that he has no other facts to bring forward, nor any more Witnesses to produce on his behalf; and in his schedule or inventory, notice the depositions taken as above, delivering to them ail other papers, proofs, and evidences in his possession, with a request, that the Court may be pleased to direct the further execution of the aforesaid writ and commission, as may seem fit; • ,
Art. 103. In case the Plaintiff should not be able upon such inquest, to prove his possessory right, and fact of possession in question, or the commission of the act of molestation or injury imputed to his adversary, within one year before the
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n r e f e r b g W i complaint, ne shall be only entitled to sue out a summons from the Court in the ordinary form, and proceed upon his right of being maintained in possession (maintenue) as above-mentioned.
Art. 109. But'in case the Commissioners are fully satisfied of the fact of the petitioner's possession, and of the act of trespass or molestation complained of, they shall direct the Tipstaff to summon and cause the aggressor at a certain day and time, to appear before them on the land in question, when the" com-ulaint of the petitioner shall be read to him, and a day shall be given to such party for the purpose of producing such proofs, a s ' h e may be possessed of, to disprove those of his opponent, or establish his own preferable right,-if such
lie hath.
Art. 110. On his appearance, the complaint shall be read, and copies furnished to him, if he wish i t . - I n case such party do not alledge any issuable or con-trary fact,, the petitioner may demand immediate and provisional
re-establish-ment of his possession : hut should he wish to controvert the Complainant's right of possession, the Commissioner, shall allow Vim a reasonable time for that pur-pose, and in the mean while continue on the land, at his expence and costs
V t l i l T h e party Vompiained against', shall not be allowed to retaliate, or
stop the p r o c e e d ^ on the original complaint, by setting up an adverse n g h t u»
opposition thereto, by way o? reconvention or cross-suit, as to the right of sion in contest. B u t in case he thinks he has a better right himself to the posses-i o n , he may apply fe « d obtaposses-in a new w r posses-i t W commposses-issposses-ion, posses-in the same manner
as above.
Art 112 T h e Defendant having adduced his centra-proofs, and evidence of the facts relative to possession, as above mentioned, and delivered a statement of to the Commissioners, he shall be required to proceed to the confirmation there-of, and to furnish his inventory or schedule, waiving the prdduetion of any fur-ther acts or proofs, in the manner stated in articles 105 to 107.
Art 113. But the Defendant is not bound to give notice of such paper or statement to the Plaintiff, except so far as relates to any contrary proofs respecting h . o w a right and to the fact of possession relied oa by him ; and not as to such parts of the same, as tend in general to deny or impeach the proof, and evidence adduced by the Plaintiff; and no further papers shallbe allowed to be delivered in or filed, save only a memoir of Ä ' o r an abstract statement of the point, of law ansmg m the case.
Art. 114. After the Commissioner, shall have examined the different document, - and proofs delivered ia by the parties, they shall, preparatory to giving their
'âècxsioQ, cause them to be gammoned by'the tipstaff, to appear before them, for the purpose of hearing the same pronounced, and the Plaintiff shall be held to pay the costs of that day.
' A r t . 115. And if the aforesaid Commissioners should be fully satisfied as to the fact of the Plaintiff's possession, and of the hindrance or molestation complained
of against the Defendant ; they shall, notwithstanding any appeal or opposition, forthwith proceed to re-establish and re-instate the Plaintiff on the land, actually and defacto, appointing an early day for the Defendant to appear in Court, to litigate with the Plaintiff, (if he thinks fit) the Right of Possession.
Art. 118. But in case they should not be fully satisfied, as to «very thing con-tained in the original complaint, as well with respect to the fact of possession oa
the one hand, as to the trespass or molestation complained of, on the other'• the Commissioners shall grant to the Plaintiff, provisional relief so far only as he may liave succeeded in adducing the requisite proofs,—and as to the remainder of th complaint, the writ shall be converted into an ordinary summons, to be proceeded
«pon in the Court, in the usual way.
Art. 117. In case however, none of the matters of the complaint should be substantiated, either as to the possession or molestation, and it should appear by the proofs of the Defendant, that the possession on the contrary, was on his side ; the Commissioners shall not grant even provisional relief to the Plaintiff, but convert the original writ into an ordinary summons, and leave it to the Court to decide, as to the right of provisional re-establishment, according to the proofs and depositions, which shall be laid before them.
Art. 118. Whenever a provisional establishment is decreed by the Commission-ers, they shall with their clerk, hold thé property in their charge, and continue on the spot, at the expence and costs of the Defendant, until such time as the Plaintiff shall have been finally and bona fide reinstated.
Art. 119. B u t should the Defendant be willing to comply, he shall be required to state his submission in writing, and at the same time tender the payment of all costs and espences incurred, after the award or decree of restoration, to be re-gulated by the Commissioners ; after which the Plaintiff shall be at liberty to declare whether he does acquiesce and agree to such offer, or otherwise. In the latter event, he shall be required to state his reasons for declining, which shallbe immediately decided upon by the commissioners.
Art. 120. Should the Defendant be unwilling to comply, and .refuse to abide by the decision of the commissioners, he will be compelled thereto, by attach-ment, or in such other form, as is prescribed ia similar cases,
h t . I t L In case the Plaintiff cannot be pui into.'possession without som::
' ^ i d c r . b l e delay, the commissioners sbàH be at libeirty to withdraw " froH
^Und, b u t not until the Defendant shall have actually begun in their
pre-*>Ce, to do some act towards the Plaintiff's reinstatement, and his previously H i k i n g , before the Commissioners, finally and effectually to surrender to N Plaintiff the property 'in question, within a given period, to be fixed by S after hearing the parties on that matter ; on pain that if he should thereafter
%ect to perform his undertaking, the Commissioners shall again repair to the H at the expence and'charges of the Defendant, and' continue there until full f a c t i o n is made, and the complete execution of the decree.
^r t J22. If the Defendant however, from unavoidable-causes, cannot beim»
Niately personally compelled thereto, the Commissioners shall do so by their
°*o authority (Ex Oßcio,) at. the costs and charges of the Defendant,
5^ing the property in contest, 'in the name of the Supreme .Executive Power, M placing it under charge of a receiver, to be taken care of and man*
8?ed by him.