Page:United States Statutes at Large Volume 77.djvu/639

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

§ 16-3734. Failure of officer to obtain possession 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 Jiction for the A'alue of the property and damages for the detention, not to exceed in all $10,000 or he may renew the writ, in order to obtain possession of the goods and chattels themselves. § 16-3735. Publication against defendant When the officer's return of a writ of replevin issued pursuant to this subchapter is that he has taken possession of the goods and chattels sued for, but that the defendant is not to be found, the court, subject to section 13-340 as to mailing notice, may order that the defendant appear to the action by a fixed day, and cause notice of the order to be given by publication in a newspaper published in the District at least three times, the first publication to be at least twenty days before the day fixed for defendant's appearance. § 16-^^736. Default If. after notice as provided by section 16-3735, the defendant fails to appear, the court may proceed, as in the case of default after persoiml service, to render judgment for the property in favor of the plaintiff. § 16-3737. Retention of property by marshal; sufficiency of undertaking, quashing writ, and return of property Property taken by the marshal under a writ of replevin issued pursuant to this subchapter shall be retained by him for three days, exclusive of Sundays and legal holidays, before delivering it to the plaintiff, in order that the defendant or other persons claiming an interest in the property may present objections to the court to the sufficiency of the security on the undertaking or the jurisdiction of the court. If the court deems the undertaking insufficient, it may direct the marshal to retain the property for a further short time, to be designated by the court, until an undertaking to be approved by it is filed, in default of which the marshal shall return the property to the person from whom it was taken. I f it appears to the court that the property is of the value of over $10,000, the court shall quash the writ of replevin and direct the property to be returned to the party out of whose possession it was taken. § 16-^738. Motion for return of property; procedure; objection to sufficiency of security Section 16-3708 is also applicable to actions of replevin brought pursuant to this subchapter. § 16-3739. Determination and measure of plaintiff's damages Whether, in an action of replevin pursuant to this subchapter, the defendant answers and the issue thereon joined is found against him, or judgment is rendered against him on proper motion under rules of court, or he makes default after personal service, the plaintiff's damages shall be the full value of the goods, not to exceed $10,000, if eloigned by the defendant, and damages for the detention thereof, and judgment shall be rendered for the plaintiff accordingly. § 16-^740. Judgment for defendant and determination of damages If the issue in an action of replevin pursuant to this subchapter is found for the defendant, or the plaintiff dismisses or fails to prosecute his suit, or judgment is rendered against 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 pie defendant recover from the plaintiff and his surety the damages sustained by him.

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