Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-26

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same by restoring the plaintiff to the pos.
session Of The premises, and shall levy and
collect the COSTS and make return, as upon
other executions. If the officer shall re-
ceive Office from the justice thai the pro-
ceedings have been stayed. by the allow.
ance Of writ Of error, he shall Immediate
Iy delay all further proceedings upon the
execution; and if The premises have been
restored TO the plaintiff, he shall mmedia,e-
Iy place the defendan, in the possession
thereof, and return the writ with his pro,
ceedings and costs taxed thereon.
...' .- ARTICLE XII.
OF TIE REPLEvN OF PROPERTY.
Sec. l39. The plaintiff may recover the
possession Of specific personal properly Of
less value than one hundred dollars, before
Justice of the Peace as herein provided
Sac. 140. An action for this purpose shall
not be brought unil there is filed in The office
of lhe Justice, an affidavit Of the plaintiff,
his agent or attorney, showing:
IA description of the properly claimed:
2-That the plaintiff is The owner thereof,
or has special ownership therein, stating
the facts in relation thereto, and thai he is
entitled 10 The immediate possession Of the
property:
3-Thal the properly is wrongfully de-.
,ained by the defendant:
4-Thal it was not taken in execution on
any order or judgment ogalnS. said plain.
tiff, or for the payment Of any lax, fine or
amercement assessed against him,or by vir.
tue Of an order Of delivery issued under this
article, or any other mesne or final process
issued against said plaintiff.
Sec. al. Upon such offidavil being made
and filed with The Justice, he shall issue a
summons as in other cases, bulin addition
commanding the constable Immediately 10
seize ard take into his custody, wherever they
may be found in the county, the goods and
chatlIes mentioned in the affidavit, and de.
liver the same 10 the plaintiff.
Sec. 142. The constable shall execute
The writ BY taking The properly therein men,
toned. He shall also deliver copy Of the
summons 10 the persons charged with The
unlawful detention OF properly, or leave such
a copy at his usual place Of residence, and
shall make return Of the time and manner
Of service, the appraisement of the proper
W and any undertaking by him.
Sec. 143 The constable shall not deliver
to the plaintiff, his agent or attorney the
property so taken until there has been exc
cuted by one or more sufficient surelies OF
the plaintiff, Il written undertaking 10 The
defendant in at least double the value Of the
properly taken; but in no case less than fiji.
ly dollars, 10 The effect that the plaintiff shall
duly prosecute The action and pay oil COSTS
and damages which may be awarded against
him.
Sec. 144. For the purpose OF fixing the
amount Of the undertaking, The value Of the
, properly taken shall be ascertained by the
oath of two responsible persons, whom the
constable shall swear truly 10 assess the val
ue thereof.
Sec. 145. Whenever The appraised value
Of the properly so taken, shall exceed one
| hundred dollars, the Justice shall certify
/ the proceedings upon the said writ to lht
, court Of common pleas Of his county, anc
thereupon shall file the original papers, 10
gelhcr with a certified transcript Of his dock
el entries in The clerks office OF said court
3 The case there to be proceeded in as il suct
; suit had commenced in said couri,
! Sec. 146. If the undertaking required BY
, section one hundred and forty three be no
+ given within ,wenty.lour hours from the Ia
! king Of the properly under said order, ,h'
3. officer shall return the properly 10 the de
: fendant. And if the officer deliver any
!; properly so taken TO the plaintiff, his agen
i or attorney, 10 keep Tho same from the de-
h iendant, without taking such security within
S the time aforesaid, he shall be liable 10 lh'
defendant in damages.
. Sec. 147. If the properly have been de-
. livcred to the plaintiff, and judgmen, be rem
n dered against him, or if he otherwise fail Il
r prosecute his action 10 final judgment, th
G Justice shall, on application Of the defend
i ant, or his attorney, impannel q jury 10 in
Q quire into the right Of property and right o
y possession of the delendant 10 the propert,
i taken. II t1v jury shall pc satisfied IN
g said properly was the property OF the de
:. fendant al The commencement Of the action
a or if they shall find that The defendant wa
=. entitled 10 the possession only Of the same
r at such time, then, and in either case. The.
h shall assess such damages for tho defend
L. ant, as are right and proper, for which, wit
ID costs of suit, the Justice shall render judg
menl for the defendant.
OF Sec. 148. In all cases, when the properl
p has been delivered to the plaintiff where tn
,e jury shall find for The defendant, they shu
~ also find whether the defendant had The rigt
of property, or the right of possession only
u. al The commencement Of the suit; and
Ill they find either in his favor, Ihey.shall asses
or such damages us they think right and prof.
n, er for the defendant, for which, with cos
as Of suit, the court shall render judgment f
the defendant.
Sec. 149. In all cases, when the properI
n has been delivered 10 the plaintiff, where ii
jury shall find lol the plaintiff on trial, or Q
". inquiry Of damages, they shall assess adj
,le quate damages 10 the plaintiff for the illeg
ol. detention Of the property, for which vii
=, costs Of suit, the Justice shall render Jud!
= ment against the defendant.
nj, Sec. l50. When the properly elaine
- has not been taken, or has been returned
Iiff The defendant, for want Of the undertake.
nd required by section one hundred and fort