Page:1862 Territory of Dakota Session Laws.pdf/369

352 immediately delay all further proceedings upon the execution; and if the premises have been restored to the plaintiff, he shall immediately place the defendant in the possession thereof, and return the writ with his proceedings and costs taxed thereon.

. 122. The petition in replevin must be sworn to, and it must state: 1. A particular description of the property claimed. 2. Its actual value, and where there are several articles, the actual value of each. 3. The facts constituting the plaintiff's right to the present possession thereof, and must define the extent of his interest in the property, whether it be full or qualified ownership. 4. That it was neither taken on the order or judgment of a court against him, nor under an execution or attachment against him or against the property. But if it was taken by either of these modes, then it must state the facts constituting an exemption from seizure by such process. 5. The facts constituting the alleged cause of detention thereof according to his best belief. 6. The amount of damages which the affiant believes the plaintiff ought to recover for the detention thereof.

. 123. He shall also execute a bond to the defendant, with sureties to be approved by the justice of the peace, in a penalty at least equal to twice the value of the property sought, conditioned that he will appear at the time of the trial of said cause, and prosecute his suit to judgment and return the property, if a return be awarded, and also pay all costs and damages that may be adjudged against him. This bond shall be filed with the justice of the peace, and is for use of any person injured by the proceeding, and a judgment for money rendered against the plaintiff shall also go against the sureties on the bond.

. 124. The justice of the peace shall thereupon issue a writ of replevin directed to the sheriff or constable to take the property therein described and deliver the same to the plaintiff. The ordinary original notice must also be served [on] the defendant in the usual manner.

. 125. When any of the property is removed to another county after the commencement of the action, counterparts