Page:United States Statutes at Large Volume 77.djvu/636

 604

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

SUBCHAPTER II—REPLEVIN IN COURT OF GENERAL SESSIONS Sec. 16-8731. Jurisdiction; form ot complaint. 16-3732. Affidavit; contents. 16-3733. Undertaking to abide Judgment of the court. 16-3734. Failure of officer to obtain possession. 16-3735. rublication against defendant. 16-3736. Default. 16-3737. Retention of property by marshal; sufficiency of undertaking, quashing writ, and return of property. 16-3738. Motion for return of property; procedure; objection to sufficiency of security. 16-3739. Determination and measure of plaintiff's damuKes. 16-3740. Judgment for defendant and determination of damages.

Subchapter I—General Provisions § 16-^701. Demand prior to action; costs In an action of replevin brought to recover personal property to which the plaintiff is entitled, that is alleged to have been wrongfully taken by or to' be in the possession of and wrongfully detained by the defendant, it is not necessary to demand possession of the property before bringing the action; but the costs of the action may be awarded as the court orders. § 16-^702. Form of complaint A complaint in replevin shall be in the following or equivalent form: "The plaintiff sues the defendant for (wrongly taking and detaining) (unjustly detaining) the plaintiff's goods and chattels, towit: (describe them) of the value of dollars. And the plaintiff claims that the same be taken from the defendant and delivered to him; or, if they are eloigned, that he may have judgment of their value and all mesne profits and damages, which he estimates at dollars, besides costs.". §16-3703. Affidavit; contents At the time of filing a complaint in replevin, the plaintiff, his agent, or attorney shall file an affidavit stating that—^ (1) according to affiant's information and belief, the plaintiff is entitled to recover possession of chattels proposed to be replevied, being the same described in the complaint; (2) the defendant has seized and detained or detains the chattels; and (3) the chattels were not subject to the seizure or detention and were not taken upon a writ of replevin between the parties. § 16-3704. Undertaking to abide judgment of the court At the time of filing a complaint in replevin, the plaintiff shall enter into an nndertaking by liimself or his agent with surety, approved by the clerk, to abide by and perform the judgment of the court. § 16-3705. Failure of officer to obtain possession; procedure When the officer's return of a writ of replevin issued pursuant to this subchapter is that he has served the defendant with copies of the complaint, affidavit, and summons, but that he could not obtain possession of the goods and chattels sued for, the plaintiff may prosecute the action for the value of the property and damages for detention, or he may renew the writ in order to obtain possession of the goods and chattels themselves.

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