The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-07-06
ARTICLE XII.
OF THE REPLEv1N OF PROPERTY.

OF THE REPLEvIN OF PROPERTY.
9139. The plaintiff may recover the
possession of specific personal property OF
less value than one hundred dollars, be-
forea justice ofthe peace, as herein pro.
vided.
l4O.. An action for this purpose. shall
not be brought until there is filed in the
office ofthe justice, an affidavit ofthe plain
tiff, his agent or attorney. showing:
l.. A description Of the property claim
ed:
g. That the plaintiff is the owner there
of, or has 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 wrongtully de-
tanned by the defendant:
4. 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 issued
under this article, or any other mesne or
| final process issued against said plaintiff
141. Upon such effidavit being made
and filed with the justice, he shall issue
|
commanding the constable Immediately to
seize and take into his custody, wherever
they may be found in the county, the goods
and chattels mentioned in the affidavit
and deliver the same TO the plaintiff.
142. The constable shall execute the
writ by taking the property therein men,
toned. 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 usual place Of residence.
and shall make return of the time and
manner, Of service, the appraisement Of the
property and any undertaking taken by
him.
/ 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 suretes OF
the plaintiff, written undertaking to the
defendant in at least double the value OF
the property taken; but 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 award,
ed against him.
l44. For the purpose of fixing the
amount Of the undertaking, the value OF
the property taken shall be ascertaned by
the oath Of two responsible persons, whom
the constable shall swear truly to assess
the value thereof.
i 145. Whenever the appraised value
of the property SO taken, shall exceed 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 certified transcript of his
docket entries in the clerks office of said
Icourt, the case there to be proceeded IN as
i il such suit had commenced in said court
4 146. If the undertaking required by
section one hundred and forty three be mo-
! given within twcnty-four hours from the
taking of the property under said order
the officer shall return the property to the
, defendant. And ii the officer deliver any
f property SO taken, to the plaintiff, his agen
OF attorney, or keep the same from the de
'endant, without taking such security ilh
in the time aforesaid, or if he take INSULT
cient security, he shall De liable to the de
endant in damages.
. l47 II the property have been de
! ivered to the plaintiff. and judgement be
rendered against him, or if he otherwise
ri fail to prosecute his action 10 hnal judg
,nent, the justice shall, on application o
the defendant, or his attorney, impanne
r jury to inquire into the right OF property
+, and right OF possession Of the defendan
10 the property taken. Ifthe jury shall b
satisfied the said property was the proper
! ty OF the defendant at the commencement
! of the action. or if they shall find that ih
defendant was entitled to the possessio,
only of the same, at such time, then, ant
in either case. they shall asses such dam
ages for the defendant, as are right an,
proper, for which, with costs Of suit. tn
. justice shall render judgment for the de
:, fendant.
9148 In all cases, when the propert
: has been delivered to the plaintiff wher
the Jury shall find for the defendant, the,
shall also find, whether the defendant ha,
the right of property, or the right of poss
ession only. at the commencement Of tn
;, suit; and if they find either in his favor
they shall assess such damages. as the.
think right and proper for the defendant
for which, with costs of suit. the court shal
render judgment for the defendant.
:, 143. In all cases. when the propert
has been deii"ered TO the plaintiff, wher
: the jury shall find 70: the plaintiff. on trial
or on inquiry Of damages, they shall asses
adequate damages TO the plalsa!itf tor tn
illegal detention of the property, for ws'ch
with costs Of suit. the justice shall rende
Judgment against the defendant.
; $50. When the property claimed ha
not been taken, or has been returned t
the defendant. for want OF the undertaken,
: required by section one hundred and forty
three, the action may proceed as one 70
damages only, and the plaintiff shall b
;. entitled to such damages as are right AM
. proper; but if the property be returned 70
. want of the undertaking required by sal
section. the plaintiff shall pay all cost
made by taking the same.
15l. The constable in executing tn
writ, may break open any building, or en-
= closure, in which the property claimed, o
: any part thereof, is concealed; butnot un
;. til he has been refused an entrance int
- said building, or enclosure. and the deliv
!. cry of the property, after having demande