The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1823-04-09
An ACT further regulating Actions of
Replevin and Trover.

An ACT further regulating Actions of
Replevin and Troyer.
SEC. 1. Be ii enacted By the Senate and
House Of Representatives. in General Court
assembled, and by the authority Of The same,
That all actions of replevin and trover, shall
be taken and deemed to be actions, of which
the cause doth survive, and shall and may
be prosecuted or defended to final judy
ment and execution, by and against the ex-
ecutor or administrator of any deceased per-
son, IN the same manner as the same might
have been by their testa,ors or intestates re-
spectively, during their lives. And in case
either of the parties shall die, during the
tendency OF any action of repleyin or tro-
yer, the executor or administrator of such
deceased party shall be permitted and allow
ed, on motion, TO appear and prosecute, or
defend such action, to final judgment and ex-
ecution; or in default of such voluntary APP
pearance, upon the suggestion of the death
OF such party, and due citation to such exec
utor or administrator, it shall be his duty to
appear and prosecute, or defend such action.
And IN case such executor or administrator
shall fail 10 appear, upon the due service and
return of such citation, the Court before
whom such ton Is pending, shall have the
same power to proceed therein and render
Judgment, by non-suit or default, as ia other
civil actions.
SEC. 2. Be Ifurttsr enacted, That in case
judgment, in any acton of replevin, shall be
recovered by the executor or administrator
Of any Sheriff, Coroner, or other civil officer,
for the return of any goods, chattels, or 9TH
er property, which may have been taken or
attached on naesrse process or execution, or
by the executor or administrator of any ,trus-
tee, carrier, depositary, or other person claim
ing special property in such goods or chat
tells, to hold for the use and benefit of anoth-
er, such goods and chattels shall not be taken
and deemed to be assets in the hands of such
executor or administrator. but shall. together
with all moneys recovered as damages for the
! taking thereof, ceducting the charges and
expenses OF such recovery, be held, appro-
prlated, delivered over. and restored to any
persons having general property or bene-
fetal interest therein, or for whose use and
benefit the same are recovered and held. or
otherwise disposed Of, in the same manner as
the same should have been done; had such
judgment been rendered, in the lifetime of
such testator or intestate
SEC. g. Be ii further enacted, That when
ever Judgment for return shall he render.
ed against the executor or administrator of
any plaintiff, in any action of replevin. the
goods, chattels and other property, for The
return Of which judgment shall be so render
ed, shall no longer be taken and deemed TO
be assets in the hands Of such executor or
administrator and in case such goods or
chattels shall have been included in the in
ventory OF the estate of such testator or in
testate, 1t shall be good ditcharge therefor
to such executor or administrator, to shew
such judgment for return, and the actual
return and restoration Of such goods, at ,s,e
appraised value thereof, in pursuance and
satisfaction of such judgment.
SEC. q. BE IL further enacted, That when
any goods or chattels shall be taken or Al.
tached, which shall be claimed by third per-
son, and such person shall think proper TO
replcyy the same, any other person or per-
sons may cause the same to be further at
tached, as the property Of the defendant in
the first suit, by causing his or their writ or
writs 10 be delivered to the officer. by whom
the same were so originally attached. and
from whom the same are taken by such ac-
ton OF repievin, and requiring him 10 return
an attachment thereof, or 10 case of the death
or removal from office Of such officer, then
by any other civil officer, qualified to serve
and execute similar process, whose duty il
shall be to give notice Of such subsequent at
tachment 10 such defendant ia replrvin, or
the person or persons representing him.
And such subsequent attachment or attach
ments shall be valid, efectual, and binding
upon the said goods, or the proceeds thereof,
when returned 10 such defendant in replevin
or his representative, and be held to respond
the judgment Of the several attaching credit
ora, 10 the order Of their priority respective