The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1849-11-28
ARTICLE X.
REGULATING the ACTION OF RErLEvIx.

any goods wrongfuy taken
wrongy detained he value of which shall exceed
hundred doa action of repeyn be brought by the
having right the immediate possession for the recovery
thereof and for the damages sustained by Of the unjust
ton detention, hereinafter specified
SEC = Actions of replevn be tried before justice of the
peace shall all be commenced by which shall be
made returnabe in the
SEC No writ of epevn shall be issued unless the plaintiff
his agent attorney shall file affidavit with the justice stating
that said goods and chates wrongu detained by the defend
ant and stating the vao thereof and Thai he has aood rob 70 tho
thereof and that said goods and cae taken
by writ of replevn attachment execution issued udg
ment against him. her hem for the payment Of any
fine or amrcemen assessed against HIM her them and
writ of rcpcvm issued without such affidavit shall be quashed
the cost of the plaintiff and such plaintiff shall be liable
damages to the party aggreved
The replevin shall officer to
directed to to be repevied to the plaintiff the
goods and chates named such affidavit and the
person who charged with OBTAINING the to before the
justice the return day of said writ the plaintiff for
officer to break house stable Clubhouse other
building which such concealed rcpevy the
having first demanded deerancc thereof the house other
building place, where the same is concealed
SEC Every officer before he makes deverance the plain
TIT OF goods chatels taken by virtue OF writ Of epe
IN shall take OF the Plaintiff his agent or attorney IN the
and for the benefit OF the defendant bond with sufficient
y liz double the value of the goods and hae repeyed (Which
value shall be asceianed the oath of credible
dsnterested persons whom the officer shall truly
the value thereby conditioned that the plaintiff plaintiffs will
prosecute the with effect and without delay make of
the property the return thereof be adudged and all
and damages which shall be awarded against the plaintiff
keep harmless the officer in the of
the officer shall with the and if the plaintiff agent
attorney the SUIT shall neglect refuse such bond
be executed aforesaid within twcnyour hours after having
been notified by the officer of the taking goods chate
by of such the officer shall such goods
tells the defendants and officer shall deliver property
taken by of repeyn the plaintiff without taking such
riy, shall take insufficient security he shall be liable DANA
to the defendant
g. On the of of replevin the shall
subject to the rules and regulations other
and if the plaintiff discontinue become nonsued
should otherwise fail his the final Judgment
then and each these shall be lawful hereby
made the duty of the justice when required by the defendant
mol
goods and cates repevied together adequate
joined jury shall find for defendant Of
goods and chae together with adequate damages shall
by such jury and Justice shall thcreupon udg
favor the defendant for the value and damages found
by the either of the foregoing but if the jury shall
find that the defendant did unawy such goods
te and that they the property of the plaintiff they shall
adequate damages for such detention
SEC. T. The defendant shall institute the bond
by the plaintiff provided the foregoing section of this
until he shall have sued and shall be
tanned by the return of such that the plaintiff has
the real property whereon levy and make the
amount Of such judgment, penalty and costs.
SEC In all cases where property shall be taken execution
orby attachment which shall be by law shall
be competent for the thereof his attorney make
and file affidavit stating that such property exempted by
law and theeupon take and writ of rcpevn the
manner provided by law in other
SEC. g. The defendant plead that he guilty of the
charge alleged him. and his plea shall only
the right othe plaintiff the of the
the declaration but also the wrongful taking and detention thereof