Page:1862 Territory of Dakota Session Laws.pdf/92

CHAP. VIII.] plaintiff for the illegal detention of the property, for which, with costs of suit, the court shall render judgment for defendant.

. 183. When the property claimed has not been taken, or has been returned to the defendant by the sheriff, for want of the undertaking required by section one hundred and seventy-six, the action may proceed as one for damages only, and the plaintiff shall be entitled to such damages as are right and proper; but if the property be returned for want of the undertaking required by section one hundred and seventy-six, the plaintiff shall pay all costs made by taking the same.

. 184. An order may be directed to any other county than the one in which the action is brought, for the delivery of the property claimed. Several orders may issue at the same time, or successively, at the option of the plaintiff; but only one of them shall be taxed in the costs, unless otherwise ordered by the court.

. 185. The sheriff or other officer in the execution of the order of delivery, may break open any building or inclosure, in which the property claimed, or any part thereof, is concealed; but not until he has been refused an entrance into said building or inclosure, and the delivery of the property, after having demanded the same.

. 186. No suit shall be instituted on the undertaking given under section one hundred and seventy-six, before an execution issued on a judgment in favor of the defendant in the action shall have been returned, that sufficient property, whereon to levy and make the amount of such judgment, cannot be found in the county.

. 187. Any order for the delivery of property issued under section one hundred and seventy-two, without the affidavit required thereby, shall be set aside at the cost of the clerk issuing the same, and such clerk, as well as the plaintiff, shall also be liable in damages to the party injured.