Page:1862 Territory of Dakota Session Laws.pdf/370

CHAP. XLIX.] of the writ of replevin may issue on the demand of the plaintiff to such other county, and may be executed upon such goods found in such county, and further writs of replevin and the necessary counterparts thereof may issue as often as may be necessary.

. 126. The sheriff or constable must forthwith execute the writ by taking possession of the property therein mentioned, if it is found in the possession of the defendant, or of his agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly after the writ was placed in the sheriff's or constable's hands, for which purpose he may break open any dwelling-house or other inclosure, having first demanded entrance and exhibited his authority, if required.

. 127. When it appears by the affidavit that the property claimed has been disposed of or concealed, so that the writ cannot be executed, the justice of the peace may compel the attendance of the defendant and examine him on oath as to the situation of the property, and punish a wilful obstruction or hinderance of the writ, and a disobedience of the order of the court in this respect, as in case of contempt.

. 128. The sheriff or constable must return the writ on or before the return day of the notice, and shall state fully what he has done thereunder. If he has taken any property, he shall describe particularly the same.

. 129. The officer having taken the property, or any part thereof, shall forthwith deliver the same to the plaintiff, on the payment of his costs.

. 130. If a third person claim the property, or any if part thereof, the plaintiff may amend and bring him in as a co-defendant, or the defendant may obtain his substitution by the proper mode, or the claimant may himself intervene by the process of intervenor.

. 131. The judgment shall determine which party is entitled to the possession of the property, and shall designate his right therein, and if such party have not the possession thereof, shall also determine the value of the right of such party, which right shall be absolute as to an adverse party having no right in such property, and shall also award such