Page:United States Statutes at Large Volume 18 Part 2a.djvu/102

 J UDICIARY. 97 _ Sec. 815. At the time of tiling the declaration in replevin, the plaint- Plaintitl"s amouiH‘, his agent or attorney, shall hle an aflidavit, sworn to before the "i*· *° “"“*° “""'*- Cl0l'k, St8Il!lg—- gg pcb_, 186;;-; _ First. That, according to adiant’s information and belief, the plaintiff 6°· ’· 13** “· i’l’· is entitled to recover possession of chattels proposed to be replevied 404*405 being the same described in the declaration; ’ mgicgond. That the defendant has seized and detains, or detains the Third. That said chattels were not subject to such seizure or detention, and were not taken upon any writ of replevin. $1:0. 816. The plaintiff shall, at the same time, enter into an under- Plaintiff to give taking with surety, approved by the clerk, to abide by and perform the S°°¤¥i*Y· judgment of the court in the premises. Sec. 817. If the officer’s return of the writ of replevin be, that he has 0“*"°¥°' YW""? served the defendant with copies of the declaration, notice to plead and I"°°°°d‘"g°‘ summons, but that he could not get possession of the goods and chattels Ibid-, s. 14. sued for, the plaintiff may prosecute the action for the value of the ' same and damages for detention; or he may renew the writ in order to get possession of the goods and chattels themselves. Sm:. 818. If the officer’s return be, that he has taken possession of When defendant the goods and chattels sued for, but that the defendant is not to be °°““°* b° f°}““1$ found, the court may order that the defendant appear to the action by °_._"1°” "'"1 °°°‘°“‘ soine fixed day; and of this order the plaintiff shall cause notice to be Ibid. given by publication in some newspaper of the District at least three times, the first of which shall be at least twenty days before the day fixed for the defendant’s appearance. Sec. 819. If the defendant fails to appear, the court may proceed as Proceedings in in case of default after personal service. <l¤f¤¤i*· Ibid. Sec. 820. If the defendant appear, he may plead not guilty, in which appearance o f case all special matters of defense may be given in evidence, or he may plead specially. Ihi<1-.¤- 15- Suc. 821. Whether the defendant plead,`and the issue thereon joined Plaintiffs darnis found against him ; or his plea is held bad on demurrer; or he make "1¥"°· default after personal service, or after publication, the pla.intifI’s dam- Ibid., s. 16. ages shall be ascertained by the jury trying the issue, where one is joined, or by a jury of inquest, where there is no issue of fact; and the damages shall be the full value of the goods, if eloigned by the defendant, including, in every case, theloss sustained by the plaintiff by reason of the detention; and judgment shall pass for the plaintiff accordingly. _ Sec. 822. If the issue be found for the defendant, or the plaintiff dis- is }X:‘f,‘;,g3g§;:;°"* miss or fail to prosecute his suit, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant with damages, Ibid-» S- 17- or on failure, that the defendant recover against the plaintiff and his surety the damages by him sustained, to be assessed by the jury trying the issue; or, where the plaintiff dismisses or fails to prosecute his suit, by the jury of inquest. · Sec. 823. lf the defendant has eloigued the things sued for, the court _Dar¤ns5>¤ when may instruct the jury, if they find for the plaintiff, to assess such dam- EEEBEL ages as may compel the defendant to return the things. _ _ Ii>¤d·»¤- 18- Szc. 824. The judgment in such cases shall he that the plaintiff re- "J¤d_gr¤{>r;t:;i?)=;¤- cover against the defendant the value of the goods as found, to be dis- °¤°“ °' ‘ ° °“ ‘ · charged by the return of the things, with damages for detention, which "`Ib',,,' T-l10jl1.l.'y 8h8H 3180 088888. Thompson rs. Carbery, 2 Cranch, C. C., 39; Wood vs. May, 3 Cranch, C. C., 172. Szc. 825. Where a suit is brought upon an open account, verined by J ¤<1g¤¤>nt hy JQ- the plaiufift"s or his agent’s ailidavit, that the amount claimed by the    °" plaintiff is justly payable by the defendant to the plaintiff, and the de- ...,._..— fendant fails to defend the suit, the plaintiff may have judgmeut_,iinal_ I‘¤d·»¤· 19- by default for the amount, with interest from the day specified in the declaration, without an inquiry of damages. B S II-——¢
 * o