Page:United States Statutes at Large Volume 28.djvu/699

 670 FIFTY-THIRD CONGRESS. Sess. III. OH. 100. 1895. having been by said constable returned •‘ not to be found," it is hereby ordered that said defendant cause his appearance to be entered herein on or before the first Tuesday 189 . otherwise the cause will be proceeded with as in case of default. _ _ _ nmmsam m re. Sec. 12. That the declaration in replevm shall be m the following or l‘l°**“· ‘ equivalent form: _ Z The plaintiff sues the defendant for (wrongfully taking and detaining) (unjustly detaining) his, said plaintiffs, good and chattels, to wit: (describe them) of the value of dollars.   the plaintiff claims that the same be taken and delivered to him; or, if they are eloigned, that he may have judgment of their said value, and all me ne profits and damages, which he estimates at dollars, besides costs. _ amnivnotrlslntif- Sec. 13. That at the time of filing the declaration in replevm, the plaintiil, his agent, or attorney shall file an ailidavit, sworn ·to before the said justice of the peace, stating: _ _ First. That according to a1liant’s information and belief the plaintiff is entitled to recover possession of chattels proposed to be replevied, being the same described in the declaration. Second. That the defendant has seized and detains, or detains, the same. Third. That said chattels were not subject to such seizure or detention and were not taken upon any writ. of replevih. mm. Sue. 14. That the plaintiff shall at the same time enter into an undertaking with surety, approved by said justice of the peace, to abide by and perform the judgment of the said justice’s_ court in the premises. V Rcturnw writ- SE1:. 15. That if the officer’s return of the writ of replevin be that he has served the defendant with copies of the declaration, notice to winmspm. plead, and summons, but that ·he could not get possession of the goods and chattels sued for, the plaintiff may prosecute the action for the value of the same and damage for detention, or he may renew the writ in order to get possession of the goods and~chattels themselves. wangmas Sec. 16. That if the otHcer’s return be that he_ has taken possession of the goods and chattels sued for, but that the defendant is not to be found, the said justice of the peace may order that the defendant appear to the action by some iixed day; and of this order the justice of the peace shall cause notice to be given by publication in some' newspaper of the District at least three times, the iirst of which shall be at least twenty days before the day fixed for the defendant’s appearance. h&;>¤¤¤¤i¤s¤ i¤ d•- SEC 17. That if the defendant fails to appear the court may proceed as in case of default aiiser personal service. P1Mjbot (talk)f·i¤f•>¤<i•¤¢- Sec. 18. That if the defendant appear he may plead not guilty, in which case all special matters of defense may be given in evidence, or he may plead specially. Aseertaimnent at SEc. 19. That whether defendant plead and the issue thereon joined """"¥“· is found against him, or his plea is held bad on demurrer, or he make default after personal service or after publication, the plaintiffs damages shall be ascertained on the trial, and the damages shall be the full value of the goods, if eloigned by the defendant, including in every case the loss sustained by the plaintiff by reason of the detention, and judgment shall pass for the plaintiff accordingly. mm.;.. when _SEp. 20. That if the issue be found for the defendant, or the plaintiff §_'*"""" ‘°’ Mm' dI8H18S O1' fail to prosecute his suit, the judgment shall be that H10 goods, if delivered to the plaintiii, be returned to the defendant, with damages, 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 by the justice trying the case without a jury, or, twhere the plaintiff dismisses or fails to prosecute his suit, by the jus ce. °°°‘•°‘°’¤¤•*- Sec. 21. That if the defendant has eloigned the things sued for the justice or thezgaurfyutrying the case may assess such damages as DISY compel the d n t to return the things.