The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-02-15
STATE or MAINE
II H.- gear q our Lort,7- housaitd eight hundred
rt4 fbruig enc.

Elo0ds and Chattels.
SIC N Be 4 sua-ts5 By he S,zose ard HoDs If Rep
fsr.faf.pss !. Legiisfsss s~entlsi, That whsu any
per.on shall have hls Catrie dItrancd Or impound-
"a "a order to.ob,zin satsfaeiion for damages hey
may have committed Or 70 obtain forfeiture up
posed 10 have beeo incurrsl for ther going At large
OUT Of The enclosure of the owner "a VOCATION Of
ia~ ID order 70 have the legality Of such diltraint
or inpounding determined hr may have aud prof
ecute writ OF rep'evin for che liberation Of che
cattle thus meouudsd, 10 the form prescribed by
Law
Sac. g. Bet (zyibe, enacted, That when 1t hall
appear from he plea cf the defendant IN repelvIn,
rhat the cs.f,e were isksu I'D impJuuded. damage
aeasAni, or Tor the recovery Q. pensity INCURRED
Cor rhs,r being found going az large, on Of he
enc,e!n-e Of the owner, in violation of law and
anon me is,ue Il shall be determined that The
cause Of taking ADD OBTAINING wa Lawful aud Iuiii
liable judgment ,ha, initead OF return OF the
cattle he rendered for the defendant 10 replevin,
20 recover such reasonable damages. upon a con-
sideratoa Of the circumstances of the case, the
Julce Tor Jury in It comes before one) shall
asses, together with his COTS Of .kng aud i'm
nounding. and COTS of defence But il upon he trial
Of ths issue IL shalt appear. that the cattle were
taken or de- aimed witboa' suihcieot aud Juliihabe
cauie the plaintiff ia repievn shall recover such
reafonable damages for the taking and OBTAINING.
a. the Jnce or Jury, ia cafe i CONES before onel
shzi asses toge her with his COTS But when from
the ma er of the pea of the defendant IN repievin,
damages withoa, proprie'y cannot be assessed, or
that saoragon OF he property rspev'ed . the
bel tecompenss the partes can have, aud upon
che issue il shall be found thst the cattle were IA
ken and de,aioed awful ly and for juftfab'e caue,
toe udgmeat shall be rendered, tha, the cattle be
returnei / add reaored 10 the defendant, Hrepieva-
Ole, and for COTS, and be ne entitled TO writ Of
return and relituiion accordingly.
SIC g. Be IL fs,bsy eaaGFst, That when It fhall
appear from tLe plea or svowry o! the defendant
III repievin ihat the SUN demanded IN damage for
thestaking and OBTAINING exceeds twenty dollars, or
thar he property of the beat taken - the quea-
sion etween he parties I'm cafe the value exceeds
twenty dollars or that the right TO soil and free
hold is coming 10 quenion 10 every such cafe the
Julics shall proceed to try the issue, bu ihait
order the defendant in repeyin 10 recognize IN
Reasonable sum, with sufficient surrey or suretIes,
TO the alverIe parry, 10 enter the said acuon at
the next Circuit Court of Common Pleas or the
Supreme Judicial Court, 20 be held in the same
County, as the plaintiff 60 replevin hall then and
there elect aud chooie, and 10 proiecute the same
10 effect aud if.uch defendant ia repievin shall
nrsle~t a. resu thr 70 recognize the lutice shall
render Judgment sgaInGt hun IN the same manner a.
if he refused to make answer 70 the same tut.
And 10 cafe such defendant shall, after recognizing,
fail Of e. ering or prosecuting the same action,
the D linuf may enter aud prosecute 'h action,
nave his remedy On the recognza at his cleo
ton.
SEc. 4. Be Il |syf5sr saat9sd That WREN auy
good OF chzte hsll be taken diftraGed attached,
or un. awfu'iy detained which hlail be claimed by
q third Perfon, aud The perion thus claiming The
fame, lsali thnk proper to rsplevy them, in cafe
fuch good. and chattels are Of the value Of more
than twenty dollars, be may tAke cut and Pro;ecute
hts writ Of fepIevn from the Clerks office OF the
Circuit Court Of Common Pleas, in the County,
where the goods and chspgeis are 'hus taken- dis
trained attached IN form preicribed by law
And 10 cafe the plaintiff in repisvin fhall neglect
70 euler and profecute The fuit the defendant may
upon complaint have Judgment for re urn and
reltoration Of the goods and ehattes rePlevled,
aud the damages for the taking, TO The amount OF
& per cent. the bond, with Feaionable colts,
and W il Of return and reititution ihsreupon &C
cordingiy. And If upon trial of the ltiue ludg
ment lha ! be rendered for return and rettutron,
the interslt OF IN per cent. upon the peua lHm OF
the bond, lhali be taken "a a rue for eftimsling
lhe piantf's damages, in cafe they were taken on
execution Aud if the taking ihall have been upoa
eIerusion. the goods aud ohattels returned ihall
be held refponhble for the iPace OF twenty days
uPou the return and it on melne proceis, until
thirty DAYS llall have expired, after 6na judgment
thereon, in cafe judgment haIl not then have
been given; but # final judgment on The meme
proofs ihsil have been gIvea before the return
then for the fpzce of twenty days only after the
return, to the end the creditor, al whole iut they
were OFFICIALLY taken, may have complete RENE
dy and he benefit Of his attachment. Add he
monies recovered by waysof dsmages,by Any officer
who haG AIKEN or attached any goods or chauss,
AZ the fat Of creditor III ali be conldered and ia
ken az recovered the ule of the creditor and
when received. be paid over 70 him accordingly
SEC. s. Be a f4yfbsy saaaes, That when the
Sheriff or other officer, unto whom the writ of
return and relinton fhall be directed, fha not be
able to find the beat other property ia his pre-
cna, which fhall, by the fame precspt,be directed
70 BE returned and rsfored iTrepeviabe, and the
fame ihaI appear in writing by The return of the
officer thereon, the Court from whence The Tame
Ifusd, may, upon motion, grant wilhernam
zgzinli the plsintiff 10 repievin, 10 compel COM
pe,e and fpecihc performance Of the judgment,
which writ of withernam fhsIi be in ths form pre-
fcribed by law.
Sac 6 Be IL further ssdsfsd, That when the writ
a return and rsltorarion or writ II withsrnam,
&sn iiFue from sny other court of law, or for aRy
other properly than BEATS, the Court from whence
the fame fhai iiIne, ihall 70 vary the form as TO
them fhall appear eHpsdieni carry the fame into
full force aud sfscf, the nature and eireumitsn-
ces of the cafe iha require.
January 27, lS2l-ApProved