Page:United States Statutes at Large Volume 31.djvu/1473

 FIFTY-SIXTH CONGRESS. Sess. 11. on. 854.1 1901. ‘ 1421 said office. The said judgment may require the defendant to deliver im the relator all books, papers, and other things in his custody or control pertaining to the said office, and obedience to said judgment may be enforced by attachment. - ~ .G_ 1548. Aorrox AGAINST rnrnunnn ron DA1v1Aens.—At any time M¤i¤¤ ssmst iubu. . . . truder for damages. within a. year after such judgment the said relator may bring an action against the party ousted and recover the damages sustained by him by ‘ reason of such usurpation of the office to which he was entitled. Cr1A1>*r1¤n Frrrr-Two. V REPLEVIN. Repioyiu- SES. 1549. WILL LIE_FOR wHAr.»In any action of replevin brought Ncgnccéssirybrgdeto recover any personal property to which the plaintiff is entitled, iiéfftnféffery wm which may have been wrongfully taken by or may be in the possession - of and wrongfully detained by the defendant it shall n-ot be necessary to demand ipossession of said property before bringing the action therefor; but in such cases the costs of the action shall be awarded as the court may order;, · T - Sec. 1550. DEoLARAT1oN.—The `declaration in replevin shall be in D°‘*°l*“*m°¤· the following or equivalent form: "The plaintiff sues the defendant for Qwrongly taking and detainin ) (unjustly detaining) his, said plain- . tiff’s, goods and chattels, to wit: gdescribe them) of the value of ———»— dollars. And the plaintiff claims that the same be taken from the ldefendaéit andtdepiylered toOhim1;_or, if tpley are eloiggid,  he may ave ju gmen o eir said va ue anc a . mesne pro s an amages which he estimates at ——— dollars, besides costs." j i Sec. 1551. AB`FIDAVIT.—A`t the time of filing the declaration in Amd*’·Vi*· replevin, the plaintiff, his agent, or attorney shall file an afddavit stating- » A T First. That, according to affiant’s information and belief, the plain- is irjltitled to (fecovgr cpossgslsimgn cif chtattels proposed to be replevied, eing e same escribe in e ec ara ion. . _ - · Second. That the defendant has seized-and detained or detains the same. . - Third. That said chattels were not subject to such seizure or detention and were not taken upon any writ of replevin. AT _ Sec. 1552. UNDER.TAKING.—r,ldhB plaintiff shall at the same time enter _ Undertakinginto an undertaking with surety, approved by the clerk, to abide by and perform the judgment of the court in the premises. T j _ 1553. Ir eoons Nor si¤1zm>.——If the OHTCGIJS return of the Ifg°°dS“°**’“”*’d· writ of replevin be that he has served the defendant with copies of the declaration, notice to plead, and summons, but -that he could not get possession of the goods and chattels sued for the plaintiff may prosecute the action fokr the value of the same and damages for detention, og he may renew the writ in order to. get possession of the goods and c attels themselves. Src. 1554. Pm2LroA*r1oN AGAINST DEFEXDANT.—-—Tf the officer’s return dG§’§Q§é§g§°“ “g““”‘ be that he has taken possession of the goods and chattels sued for, but that the defendant is not to be found, the court may order that the dofendant appear to the action by some fixed day; and of this mia-1 the plaiptg shall cause notice to be given by publication in some newspaper o the District at least three times, the first `of whichishall be at least twenty days before the day fixed for the defendant’s appearance. m;l‘?O· 155551 D1§FAULT.?l§ §hoMd.e§§r1dant fail? to appear, the court D“°**““· ‘¥’ procee as in case o e au · a er persona service. _ §EO. 1556. .PLEADING.—=Tf the defendant appear he may plead not Pmd“‘g‘ glpéty, in which case all special matters of defense may be given in 61*1 ence, or` e may plead specially.