The Yazoo Whig and political register. (Yazoo City, Miss.) 1840-1842, 1842-04-22

the writ with effect, and without DELAY make
return Of the property to the defendant, il
return thereof be adjudged, aud save harm
less the Sheriff. for replevying the same, to
deliver the property to the plaintiff, unless
tie defendant shall enter into bond with
good and sufficient security, payable TO the
plaintiff in like penalty, conditioned, that
| the property shall be forthcoming to satisfy
the judgment Of the court, and to summon
the defendant to appear in court on the re-
turn day Of the writ and answer to the action.
Sec. 4. Be II further enacted, That the
declaration may be filed after the issning of
the writ; provided it be filed on or before
the first day Of the return term, or before
any order of nolle pros. be taken, and the
action may be tried at the first term of the
court, aud shall have precedence on the
docket of all suits commenced by ordinary
summons: The defendant may plead that he
is not guilty of the premises charged against
him, and this plea shall put in issue, no,
only the right of the plaintiff to the posses
sion of the property, but also the wrongful
taking and detention thereof.
Sec. 5. Be 1t further enacted, That when
the property shall have been permitted to
remain in the possession of the defendant,
if the plaintiff recover, the judgment of the
court shall be against the defendant and his
securities, that they restore the property to
the plaintiff, or pay him the value thereof as
assessed by the verdict of jury, and also
for such damages as shall have been assess
ed by the jury for the wrongful taking or de-
] tenliOn.
Sec. 6. Be 1t further enacted, That if a
plaintiff in replevin to whom the property
has been delivered, fail to prosecute his suit
with effect, the jury shall assess the value of
the property and the damages sustained by
The defendant, and the Judgment of the
court shall be against The plaintiff and his
sureties, that they restore the property TO the
defendant or pay him the value thereof so
assessed, and also the damages assessed tor
wrongfully sueng out the writ.
Sec. 7. Be it further enacted, That if a
sheriff is lie unified by taking any property
by viIiue of a writ Of replevin, at the re-
quest Of the plaintiff, he may maintain bis
action for damages on the bond taken by him
fom the plaintiff.
Sec 8 Be it further enacted, That the
bond directed by this act to be taken in Ell
Their case, shall be returned with the writ tC
the court issuing the same; and if the she
riff fail TO take proper and sufficient bond
and return the same as is required by this
act, or it the bond taken be adjudged insult
ticient, and the party giving il shall. if re
qured, fail To perfect the same, the sherli
shall be liable TO the party injured for al
damages by him sustained, either by actor
Of debt on his official bond, or by special &C
ton IN the case.
Sec. 9. Be 1t further enacted, That if eli
Their party in such suit, or the sheriff, shall a
any time deem any bond taken as require,
, by the provisions OF this act to be INSULT
clent, such party or sheriff, if in vacation
may upon application to the Judge of tn
court where such writ may be pending, oil
tain citation under the signature of sal
Judge, commanding the ObligOr and suretie
in such bond to appear before such Judge
at such time and place as the said judy
shall therein designate; and if in term tim
such party or sheriff shall be entitled to
motion against the Obligor on such bono
which shall be entitled to precedence of ott
er motions not of like kind, and in eithe
case, whether by citation or motion, tn
Judge or court shall, after hearing the ev
y dence Of parties, determine the suficienC
: or insufficiency Of such bond.
!. Sec, 10. And be it further enacted, thu
: this act shall be in force in thirty days frOI
e and after its passage.
e Approved, Feb'y 18th, 1912.
r