Litchfield enquirer., 1848-08-10

AAS U9At NVuw'y NUNfAsA SuSE"''o - ner as when the deiendent pleads title tG land, in an action of lrespasa.
 PrOuided, That the avowant shall no cover no costs. unless he re"o' rSs more than thirty-tive dollars damages. And whsrp the parties join issue upon a plea O. title to land. such action shall be re- mo~ed in like manner.
 Sec. z. If :he plaintiff in the writ of replevin shall E.ii to appear. or become non suit, before issue joined. then !he de- fendant may make 6 suggestion m the nsnare of an svowry. stating the injury he has sustained, and his claim fOr dam- ages and he court proceed to enquire as non hearing in damages. and shaia render judgment in favor of the defendant to reverse such sum fir the damages he has sustained. as they shall think just .. and his costs. And if the plaintiff shall withdra v. or become non sui'. after sesso joined. aud before trial the court mav.iin like maner. render judgement for the defendant to recover his damages and cost. .. a-.
 Eep1rri" of Property .4ttached
 Se,:. s. Before any writ of replpvin .hsA be issued to rsplevy property at Iavhed, Motice in writing shall be served upon the plaintiff in the suit in which .ach attachment wus made, or upon his attorney, if either such plaintiff or attor- ney reside within the state, and also on the officer serving the attachment, a rea- sonable ti,s,e before issuing such writ of replevin. that all persons interested may De heard relative to the amount aud sui ii iency of the bond to be taken on issu- ing the same. -ts a.
 Sec, 9. The authority signing such writ of rerlevin. shall take bond to the plaintiff in the suit in which the attach ,nent Was made. with sufficient surety in . sum eq,tal to the value Of the property attached conditioned to prosecute his ac- ,ion of replevin to effect. and on failure 50 to do. to deliver the property attached to the officer who attached the same. or to ti,c officer who shall have the execu- tion issued in the original suit, so that 1t may be taken on such execution. and. on failure the eof to pay the debt or dam age hat may be recovered ih such suit.
 Sec. 10. If the writ of attachment ''e founded on tort for the recovery of unli- quidated damages. ,he authority issuing such writ of replevin. ii it shau appear to him that the amount required to be at- tached is excessive, may ake bond for such sum only as he shall deem reasona- able.
 Sec. II. The plaintiff in such writ of replevin may cite the parry attaching the property ordered to be replevied. to appe,r before proper court to answer to charge for unlawfuIly taking the same; and if such plsin,itf shall make out ti- tie to such property. he shall have jud E. ment to retain it with his damages and costs; but if he shall f',il to make ou, a title, jud ,ment sh Ill be rendered against . him to return such property to the officer who attachelit, or to the officer who shall have the execution issued in the origin al suit. aud, "n failure thereof. to pay tl,e vnlue of such property. or the deht or damages and costs. recovered in the &C., tion in which they were attached. in case 1t exceeds in value the a.uuunI of such debt or damages and costs.
 Sec. l2 The writ to replevv proper " attached. may be in the following form; F. ttc SherifG .S-c. Greeting:
 By authority of the State of Connect icut. you are hereby commanded. with out delay, to be re, levied to E.. F. of |
 his goods and chattels. to wit ' now in the possession of G. H. of .N sheriff &c.. ,y virtue of sn atas4ehnne,nr in favor of A. B.. of . asysIus4 C. D.,of and you sre 10 sunn- mon the said A. B. to appear before the
 Court, to be held at in and for the County of on the
 Tuesday of rr. Is II then and there to answer to the said E. F. ina plea of trespass, wherein the plain tiff complains that the defendant. on the
 day of IS un. lawfully took. and has ever since unlaw- fully detained the said goods and chattels | of the plaintiff to his damage the sum of dollars; to recover which damages, with the possession of said goods and chattels aud his costs, he brings this suit. Crhe said E. F. h given bond according to law.) Hereof fail not. &c Dated the day of r Is
 Q. s. Justice of the Peace.
 SEc. l3. The bonL taken on issuing such writ, may be in the following form:
 You of . acknowledge voufsslves jointly and severally bound to 4. B. of insa rscognizance of
 dollars. that E. F.of shall prosecute the writ of rsplevin that he hath now taken out against the said AR to effect, and if he fail to do so. shall deli- yer the goods directed to be replsvisd to the officer who attached the same. or to the officer who shall have the execution issued in the suit in favor of said A. B. against C. D. of T .ip which said property was attached so that they may h0 fnkon n,, .sd ayacuf,or aul o,, E,sl,..o