The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01
ARTICLE XII.
or the Replevin of Property.

Sec. 139. The plaintiff may recover tho posses
sion of specific personal property of less value than
one hundred dollars before justice OF the peace,
herein provided.
brought until there is filed in the office OF the justice,
an affidavit of the plaintiff his agent or attorney,
showing:
|. A description of the property claimed:
2. That the plaintiff is the owner thereof. or has
special ow nership therein, stating the facts in rea
ton thereto and that he is entitled to the immediate
possession of the property.
3. That the property is wrongluOy detained by
the defendant
4. That il was not taken in execution on any or.
der or Judgment against said plaintiff for the pay
ment of any tax, fine or amercement assessed n.
gains him. by virtue ol an order of delivery issu.
ed under this article, or any other mesne or final
process issued against said plaintiff.
Sec al. Upon such affidavit being made and
filed with the justice, he shall issue summons
other cases, but in addition commanding the consta-
bic Immediately to seize md take into his custody,
wherever they may be found in the county, the goods
and chattcls mentioned in the affidavit, and deliver
the same TO the plaintiff
Sec ll2 Tie constable shall execute the writ by
taking the property therein mentioned. lie shall
also deliver n copy of the summons to the persons
charged with the unlawful detention of property,
leave such copy at his usual place OF residence, and
shall make return OF the time and manner OF service,
the apprasement OF the property anu any undertake
Sec l43 The constable shall not deliver to the
plaintiff, his agent or attorney the property ia.
ken until there has been executed by one or more
sufficient suretes of the plaintiff, written under
taking TO the defendant in at least double the value
of the property taken; but in case less than fifty
dollars to the effect that the plaintiff shall duly pros
ecute the action and pay all costs and damages
which may be awarded against him.
Sec. l44. For the purpose OF liking the amount
Of the undertaking, the value OF the property taken
shall be nscerained by the oath OF two responsible
persons whom the constable Shall swear truly to
sess the value thereof.
Sec. las. Whenever the appraised value of the
property so taken shall exceed 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 certified transcript OF his docket entries in
the clerks office of said court the there to be
proceeded in il such suit had commenced in said
\ court.
Sec l46. If the undertaking required by section
one hundred aud ioriy.three be not given within
twcnty-four hours from the taking OF the property
lunder said order, the officer shall return the proper
| " to the fendnnt. And il the officer deliver any
property so taken, to the plaintiff his agent, or al
iorney, or keep the same from the defendant, with
out taking such security within the time aforesaid
or fhe take insufficient security, he shall be liable
to the defendant in damages.
| Sec. l47. 1.-THE property have been delivered t.
the plaintiff, and judgment be rendered agnnst him
or he otherwise fail to prosecute his action TO na
Judgment, the justice shall, on application OF the de
iendont or his attorney, impannel jury to inquire
into the right OF property and right OF possession
the defendant 10 the property TAKEN II the jury shal
be satisfied the said property was the property OF tn
defendant at the commencement OF the action, or
they shall find that the defendant was entitled TO th
possession only OF the sane at such time, then, ant
in either case, they shall assess such damages for tn
defendant, ns are right and proper, tor which, will
costs Of suit, the justice shall render Judgment for tn
defendant.
Sec. l4s. In all cases, when the property ha
been delivered TO the plaintiff where the jury shal
find for the defendant, they shall also find whethe
the defendant had the right OF property or the rgh
OF possession only, al the commencement Of the sui
and if they find either in his favor, they shall
such damages, they think right and proper for III
l defendant for which, with costs oi suit, the cou
. shall render judgment for the defendant.
Sec l49. In all cases, when the property has bee
delivered to the plaintiff, where the jury shall fin
for the plaintiff on trial, or on inquiry OF dumage
!, they shall assess adequate damag, to the plainti
r for the illegal detention of the property, for whcl
q with costs of suit the justice shall render jud gmel
against the defendant.
Sec. $50. When the property claimed. has NJ
!. been taken, or has been returned to the defendan
. for want Of the undertaking required by section OF
n hundred and forty-hree, the action may proceed
:; titled TO such damages as are right and proper; b
If the property he returned for want OF the uudern
n ing required by said section the plaintiff shall D,
II ali costs made by taking the same,
IS Sec ISL. The constable in executing the wr
p may break open any building, or enclosure in wh
the property claimed or any part thereof is coucea
~ ed; but until he has been refused entrance in
said building, enclosure, and the delivery of /
~ property. after having demanded the same.
: Sec lS2 No suit shall be instituted on the und,
r. taking given under section one hundred and for,
a, three before an execution issued on a Judgment
favor of the defendant in the action shall have be
Il, returned, that sufficient property, whereon to IL