Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1853-07-13

session of specific personal property of less value
than one hundred dollars, before Justic of the
Peace, as herein provided.
Sec. 40. An action for this purpose, shall moi
be brought until there is filed in the Office of the
Justice, affidavit of the plaintiff, his agent OF
attorney, showing:
IA description of the property claimed:
2-That the plaintiff is the owner thereof OF
has special ownership therein, stating the facts
in relation thereto and that he is entitled to the
immediate possession of the property:
3-That the property is wrongfully detained by
the defendant: .sz-E#-f
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 mense or
final process issued against said plaintiff.
Sec. al. Upon such affidavit being made and
filed with the Justice, he shall issue summons as
in other cases, but in addition commanding the
constable Immediately to seize and take into his
custody, wherever they may be found in the county,
the goods and chattles mentioned in the affidavit,
and deliver the same to the plaintiff
Sec. l42. The constable shall execute the
writ by taking the property therein mentioned.
He shall also deliver copy of the summons to
the persons charged with the unlawful detention
of property, or leave such copy at his usual place
and manner of service, the appraisement of the
property and any undertaking taken by him.
Sec. 143. The constable shall not deliver to
the plaintiff, his agent or attorney the property SO
taken until there has been executed by one or
more sufficient sureties of the plaintiff, written
undertaking to the defendant in at least double
the value of the property taken but in no case
less than fifty dollars, to the effect that the plain
tiff shall duly prosecute the action and pay all
costs and damages which may be awarded against
him. .-. 49,.
Sec. IA. For the purpose of fixing the
amount of the undertaking, the value of the prop
perty taken shall be ascertaned by the oath of two
responsible persons, whom the constable shall
swear truly to assess the value thereof.
Sec. l45. 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
docket entries in the clerks Office of said court
the case there to be proceeded in as if such suit
had commenced in said court. J
Sec. 146. If the undertaking required by Sec
ton one hundred and forty-three be not given
within twenty -four hours from the taking of the
property under said order, the officer shall return
the property to the defendant. And if the officer
deliver any property SO taken, to the plalntlf ms
agent or attorney, to keep the same from the de-
fendant, without taking such security within the
time aforesaid if he take insuttic lent security,
he shall be liable to the defendant in damages
Sec. 147 If the property have been delivered
to the plaintiff, and judgment be rendered against
him, if he otherwise fail to prosecute his action
to final Judgment the Justice shall, on application
of the defendant, or his attorney, impannel jury
to inquire into the right of property and right of
possession of the defendant to the property taken
If the jury shall be satisfied the said property
the property of the defendant at the commence
ment of the action, if they shall find that the
defendant was entitled 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 and proper, for which, with costs Of
suit, the Justice shall render judgment for the de-
fendant.
Sec. 148. In all cases, when the property has
been delivered to the plaintiff where the jury shall
find for the defendant, they shall also find, wheth
er the defendant had the right of property, or the
right of possession only, at the commencement of
the suit; and if they find either in his favor, they
shall assess such damages as they think right and
proper for the defendant for which, with costs of
suit, the court shall render judgment for the de-
fendant.
Sec 49, In all cases when the property has
been delivered to the plaintiff, where the jury
shall find for the plaintiff on trial, or on in
quiry of damages, they shall assess adequate dam
ages to the plaintiff for the illegal detention of
the property, for which with costs of suit the JUS
tice shall render judgment against the defendant.
Sec. 15O When the property claimed, has
not been taken, or has been returned to the de-
fendant, for want of the undertaking required by
section one hundred and forty-three, the action
may proceed as one for damages only, and the
plaintiff shall be entitled to such damages as are
right and proper; but if the property be returned
for want Of the undertaking required by said sec
ton, the plaintiff shall pay all costs made by TAX
ng the same.
Sec. 151. The constable in executing the writ,
may break open any building, or enclosure, in
which the property claimed or any part thereof, is |
but not until he has been refused an
entrance into said building or enclosure, and the
delivery of the property, after having demanded
he same.
Sec. 1872 No suit shall be instituted on the
given under section one hundred and
rorty-three before an execution issued iudg- |
nent in favor of the defendant in the action shall
nave been returned, that sufficient property where
On to levy and make the amount of such judg- |
nent, cannot be found in the county. "
Sec. 153. If any Justice shall issue writ to
'eplevin property, as is provided by this article,
without the affidavit being made and filed in his
office as is provided in section one hundred and
orty, the same shall be set aside at his COSTS and
ne shall be liable in damages to the party injured.
ARTICLE XII.
Erecution-return-stay Of erecutlon-n0tice Of
sale-deziUery-um
Sec. 154. Execution for the enforcement of |
Judgment before Justice of the Peace (exceptl
when it has been taken to the Common Pleas on
error, or appeal or docketed therein or during the
time it may be stayed, provided by this act)
may issue by the Justice before whom the judg- |
nent was rendered, or by his successor in office, |
the application of the party entitled thereto at
any time within five years from the entry of the
Judgment, or the date of the last execution issued