Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-14
ARTICLE II.
OF THE REPLEvIN OF PROPERTY.

OF THE REPLEvIN OF PROPERTY.
Sec. 139. The plaintiff may recover
the possession of specific personal prop
erty of less value than one hundred dol
lars, before a justice of the peace, as
herein provided.
Sec. 14O. An action for this purpose,
shall not be brought until there is filed
in the Office of the justice, an affidavit Of
the plaintiff, his agent or attorney, show
ing:
1. A description of the property
claimed:
g. That the plaintiff is the owner there
of, or has a special ownership therein,
stating the facts in relation thereto, and
that he is entitled to the immediate pos
session of the property:
8. That the property is wrongfully de-
tanned by the defendant:
a. That it was not taken in execution
on any order or judgment against said
plaintiff, or for the payment of any tax,
fine or amercement assessed against him,
or by virtue of an order of delivery is
sued under this article, or any other
mesne or final process issued against
said plaintiff.
Sec. 141. Upon such affidavit being
made and filed with the justice, he shall
issue summons as in other cases, but in
addition commanding the constable i'm
mediately to seize and take into his Gus
tody, wherever they may be found in the
county, the goods and chattels mention
ed in the affidavit, and deliver the same
to the plaintiff.
Sec. 142 The constable shall execute
the writ by taking the property therein
mentioned. He shall also deliver a
copy of the summons to the persons
charged with the unlawful detention of
property, or leave such copy at his usu-
al place of residence, and shall make re-
turn of the time and manner of service,
the appraisement of the property and
any undertaking taken by him.
Sec. 143. The constable shall not de-
liver to the plaintiff, his agent or attor-
ney, the property so taken until there
has been executed by one or more suffi-
cient sureties of the plaintiff, written
undertaking to the defendant in at least
double the value of the property taken;
but in no case less than fifty dollars, to
the effect that the plaintiff shall duly
prosecute the action and pay all costs
and damages which may be awarded
against him.
Sec. IA. For the purpose of fixing
the amount of the undertaking, the value
of the property taken shall be ascertain
ed by the oath of two responsible per-
sons, whom the constable shall swear
truly to assess the value thereof.
Sec. 145. Whenever the appraised
value of the property so taken, shall ex-
ceed one hundred dollars, the Justice
shall certify the proceedings upon the
said writ to the court of common pleas
of his county, and thereupon shall file
the original papers, together with GER
tilted transcript of his docket entries IN
the clerks office of said court, the case
there to be proceeded in as if such suit
had commenced in said court.
Sec. 146. If the undertaking required
by section one hundred and forty-three
be not given within twenty-four hours
from the taking of the property under
said order, the officer shall return the
property to the defendant. And if the
officer deliver any property so taken, to
the plaintiff, his agent, or attorney, or
keep the same from the defendant, with
out taking such security within the time
aforesaid, or if he take insufficient secu-
rity, he shall be liable to the defendant in
damages.
Sec. lat. If the property have been
delivered to the plaintiff, and Judgment
be rendered against him, or if he other
wise fail to prosecute his action to final
Judgment, the Justice shall, on applica-
ton of the defendant, or his attorney,
impannel jury to inquire into the right
of property and right of possession Of the
defendant to the property taken. If the
Jury shall be satisfied the said property
was the property of the defendant at the
commencement of the action, or if they
shall find that the defendant was entitled
to the possession only of the same, at
such time, then, and in either case, they
shall assess such damages for the defen-
dant, as are right and proper, for which,
with costs of suit, the justice shall rem
der Judgment for the defendant.