The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

written undertaking To the defendant IN, at lons
double the value of the property taken, 10 the efec
that The plainilshal duly prosecute the action nm
pny oil costs and damages which may be nwardc
against him. The undertaking shall bo rctumc
with the order.
Sec 1870, For the purpose of fixing tic amount ,
the undertaking, the value of the property tuker
shall be ascertained by the oath OF two or more re-
sponsblc persons, whom The sherili or other Office
shall swear truly to assess the value thereof
Sec. lsl. II the undertaking required by sectlo
one hundred and scveniy-nine, be not given, within
twen,y-icur hours from the taking of tie propor
under said order, the sherill or other officer shall
turn the property TO the defendant knd flhe shcr
i'll or other oiicer deliver any property, taken t
the plaintiff, his agent, or attorney or keep the sam
from the defendant, without taking such security
within the time aforesaid, il he take insufficient
security he shall be liable to the defendant in dam
ages.
Sec ls2 The defendant may within ,wenty.fou
hours from the time the undertaking referred to il
the preceding section is given by the plaintiff give
notice to the sheriff that he excerpts to the sufcien
cy of the surolies he fail to do he must be deem
ed to have waved all objections to them. When the
defendant exccpts the sureties must justify upon
tice, bull on arrest The sheriff or other oli e
shall be responsible for the suiciency OF the Surees
until the objection to them is waived as above pro-
vided or until they Justly. The property shall be
delivered TO the plaintiff when the undertaking re.
qured by section one hundred and seventy-nine has
been given.
the plaintiff and Judgment be rendered against him,
on demurrer, or il he otherwise fail to prosecute his
action TO final Judgment the court shall, on applca
tion of the defendant or his attorney, impannel jury
to inquire into the right OF property and right oi pos
session OF the defendant TO the property taken. Ii
the jury shall lie satisfied, that said property was the
properly of the defendant, at the commencement OF
the action, if they shall find that the defendant
wasentiied TO the possession only OF the same, at
such time, then and in either case they shall assess
such damages for the defendant as are right aud
proper; for which, with costs OF SUIT the court Shall
render judgment for the defendant.
Sec. 1874. In all cases, when the property has been
delivered to the plaintiff where the Jury shall lind
upon issue joined, for the defendant they shall also
lind, whether the defendant had the right OF proper
~ or the right ofposscssion only at the commence
nent OF the suit; and IL they ind either IN his tavor
they shall assess such damages, us they think night
and proper for the defendants Tor which with costs OF
suit the court shall render judgment for the defend
ant
delivered TO the plaintiff where the jury shan hnd for
the plaintiff, on an issue joined or on inquiry OF
damages upon Judgment 9y default tney shaii as,
sess adequate damages to the plalnu or the lIegai
aeteniion OF me properly or wnicn WIN % Gosas 9'
ant
been taken or has been returned to the defendant by
the sheriff. for want of the undertaking required by
section one hundred and seVenty-nine, the acuoh
1 sRaII he eni,Ied TO sueh dsmaGes as are rih and
proper; but It the property De returned ior %at o
seventy.nine, the plaintiff Shall pay all costs made
by taking the same
Sec. lS7 An order NAV he directed to any other
county than the one in which the action is brought
for the delivery of the prop rty claimed Several or
ders may issue at the same time, or successively at
tne opton oi tne plalnul; put only ohe vi ,heii