Inhabitants of Union v. Bayliss

The opinion of the court was delivered by

Van Syckel, J.

This is an action upon a bond given by a constable for the faithful performance of his duty. The issue made was whether the constable performed his duty in the manner in which he executed a writ of possession, issued by a justice of' the peace, in pursuance of the “ landlord and tenant act.”

The possession to be given by the officer is a full and actual possession, and he is armed with all power necessary to this-end. He is bound to turn out all persons in possession, as well the defendant as other persons not parties to the record. To…