Page:United States Statutes at Large Volume 77.djvu/638

 606

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

§ 16-^711. Judgment for defendant and determination of damages When, in an action of replevin, the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute his suit, or judgment is rendered against the plaintiff on proper motion under rules of court, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant with damages for their detention, or, on failure, that the defendant recover against the plaintiff and his surety the damages sustained by him. The damages shall be assessed by the jury trying the issue; or, where jury trial had been waived, or judgment is rendered against the plaintiff prior to trial on proper motion under rules of court, or he dismisses or fails to prosecute his suit, by a jury of inquest. § 16-3712. Verdict where goods are eloigned If the defendant in an action of replevin has eloigned the things sued for, the court may instruct the jury, if they find for the plaintiff, to assess such damages as may compel the defendant to return the things. § 16-3713. Judgment where goods are eloigned The judgment in a case where the defendant has eloigned the goods sued for, shall be that the plaintiff recover against the defendant the value of the goods as found and the damages so assessed, to be discharged by the return of the things, within ten days after the judgment, with damages for detention, which the jury shall also assess. Subchapter II—Replevin in Court of General Sessions § 16-^731. Jurisdiction; form of complaint The District of Columbia Court of General Sessions may issue a writ of replevin when a plaintiff files a complaint in replevin, in the following or an equivalent form: "The plaintiff sues the defendant for wrongfully taking and detaining (or wrongfully detaining) the plaintiff's, goods and chattels, to wit (here describe them), of the value of dollars. And the plaintiff claims that the same may be taken and delivered to him, or, if they are eloigned, that he may have judgment for their value and all mesne profits and damages, which he estimates at — dollars, besides costs." §16-^732. Affidavits; contents At the time of filing a complaint pursuant to section 16-3731, 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 the chattels described in the complaint; (2) the defendant has seized and detains or detains the chattels; (3) the chattels were not subject to the seizure or detention, and were not taken under a writ of replevin between the parties; and (4) the chattels are not of the value of more than $10,000. § 16-3733. Undertaking to abide judgment of the Court At the time of filing a complaint pursuant to section 16-3731, the plaintiff shall enter into an undertaking, with surety approved by the court, submitting to the jurisdiction of the court, to abide by and perform the judgment of the court.

�