The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-21
ARTICLE NJ.
OF MereJlcr9n of Property.

W HeTetfeWn OF property.
Sec. 139. The plaintiff may recover
the possession of the specific personal
property of less value than one hundred
dollars, before a Justice of tie Peace, as
herein provided.
See. 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:
IA description Of he property claim
ed
2-That the plaintiff is the owner there
of, or has a special ownership therein,
stating tie facts in relation thereto, and
that lie is entitled to tie immediate pos
session of the properly:
3-That the property is wronyfully de-
teamed by the defendant:
THAT it was not taken in execution
on any order or judgment against said
plaintiff, or for the payment of any tax,
fine or amercemcnt assessed against him
or BY virtue of an order of delivery is
sued under this article, or any other
mense or final process issued against his
plaintiff.
See. III. 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
mcdiatclv to seize and take into his custo-
dy wherever they may be found in the
county, the goods and chatlcs mention
ci in tie affidavit, and deliver tie same
to tie plaintiff
See 142 The constable shall execute
TIE writ by taking the property therein
mentioned. He shall also deliver copy
of the summons to the persons charged
with the unlawful detention of propcrt~
or leave such a copy at his usual place of
residence, and shall make return of the
time and manner of service, the appraisc
ment OF the property and any undertak-
ing taken by Kim.
See. 143. The constable shall not dc
liver to the plaintiff, his agent or attorney
the property so taken until there has been
executed by one or more sufficient sure
ties of the plaintiff, a written undcrt&k-
ing to the defendant in at least double the
value of tic property taken; but in nc
case less than fifty dollars, to the effec
that the plaintiff shall duly prosecute The
action andpay all costs and damages which
may be awarded against him.
/ Sec. IA. For the purpose of fixing tEe
amount of tie undertaking, tie value O
the property taken shall be asccrtaincd by
the oath of two responsible persons whom
the constable shall swear truly to asses:
the value thereof.
Sec. 145. Whcnevcrthc appraised val
, ue of thc properly SO taken, shall exceed
one hundred dollars, tie Justice shall Ger
tify the proceedings upon said writ to tht
court of common pleas of his county, ant
thereupon shall file the original paper
together with certified transcript of hi
docket entries in the clerks office of sait
court, the case there to be proceeded il
as if such suit had commenced in sais
court.
Sec 146. If the undertaking requirct
by section one hundred and forty thre
be not given within twenty four hour
/. from the taking of the property unde
said order, the officer shall return tn
property to the defendant. And if til
officer deliver any property SO taken, t
the plaintiff, his agent or attorney, to kee1
tic same from The defendant, without tax
, ing such security within the time afore
= said, or if he take insufficient security
he shall be liable to the defendant in dam
+ ages.
Sec. 147. If the property have bee
q delivered to the plaintiff, and judgmcn
be rendered against him, or if he other
= wise fail to prosecute his action to fms
/ Judgment, the justice shall, on applica
tion of the defendant, or his attorney, i'm
: panncl jury to inquire into the right {
c possession Of tie defendant to the prop
S erty taken. If the jury shall be satishe
the said property was the property of til
: defendant at the commencement of th
action, or il they shall find that the defer
dant was entitled to the possession only
: the same at such time, then and in eitht
ease, they shall assess such damages f
: lie defendant. as are right aid prorer; {,