The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-14
3-That the property is wrongfully de.
tanned by the defendant:

, line or amercement assessed against hin
or by virtue Of an order of delivery il
sued under this article. or any other me:
ne or final process issued against sal
plaintiff.
SEC. 14l. Upon such affidavit beinI
made and filed with the Justice, he shal
issue summons as in other cases, but il
addition commanding the constable imme
dlately TO seize and take into his custody
wherever they may be found in the coun
ty, the goods and chattles mentioned il
the affidavit, and deliver the same To th,
plaintiff.
SEC. 142. The constable shall execut,
the writ by taking the property tbereir
mentioned. 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 o.
residence, and shall make return Of the
time and manner Of service, the appraise.
ment Of the property and any undertak
ing taken by him.
SEC. 143. The constable shall not de.
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, written undertaking
10 the defendantin at least double the val.
ue of the property taken; but in no case
less thad fifty dollars, to the effect thai
the plaintiff shall duly prosecute the ac-
ton and pay all costs and damages which
may be awarded against him.
Sec. l44. For the purpose Of fixing the
amount OF the undertaking, the value OF
the property taken shall be ascertaiDed by
the oath of TWO responsible persons. whom
the constable shall swear truly 10 assess
the value thereof
Sec. l45, Whenever the appraised val.
ue OF the property SO taken, shall exceed
one hundred dollars, the Justice shall Ger.
tiiy the proceedings upon the said writ TO
the court OF common pleas oil his county,
and thereupon shall file the original pa.
pers, together with certified transcript
Of his docked entries in the clerks office
Of said court, the case there 10 be pro
ceeded in as if such suit had commenced
in said court.
Sec. 146. If the undertaking required
by section one hundred and forty.lhree be
not given within twenty-four hours from
The taking Of the property under said or
der, the officer shall return the property
to the defendant. And if the officer de.
liver any property so taken, to the plain
tiff. his agent or attorney, 10 keep the
same from the defendant without taking
such security within the time aforesaid,
or if he take insufficient security, he shall
be liable TO the defendant in damages.
Sec. l47. If the property have been
delivered the plaintiff, and judgment be
rendered against him, or il he otherwise
fail to prosecute his action to final judy.
memt, the Justice shall, on application Of
the defendant, or bis attoney. impannel a
jury TO inquire into the right Of property
and right oil possession of the defendant
to the property taken. If The jury shall
be satisfied the said property was the
property of the defendant at the com
mencement Of the action, or if they shall
find that the defendant was entitled 10 the
possession only of the same, then, and in
either case, they shall assess such dana.
ges, for the defendant, as are right and
proper, for which, with costs OF suit, the
Justice shall render judgment for the de.
iendant.
Sec. 148. In all cases, when the prop.
erty has been delivered TO the plaintiff
where the jury shall find for the defen.
dant, they shall also find, whether the de.
fendant had the RICH, of property, or the
right ofpossession only ,al the commence,
ment of The suit; and if they find either
in his favor, they shall assess such dana.
ges, as they think right and proper for the
defendant, for which, with costs of suit
the court shall render judgment for the
defendant.
Sec. l49. In all cases, when the prop.
erty has been delivered 10 the plaintiff.
where the jury shall find for the plaintiff
on trial, or on inquiry OF damages, they
shall assess adequate damages, 10 the
plaintiff for the illegal detention of tht
property. Tor which, with costs of suit, the
justice shall render judgment against the
defendant.
Sec. $50. When the property claimed.
has not been taken, or has been returned
to the defendant, Tor want Of the underta
king required by section one hundred
and iorty.three, the action may proceed
as one for damages only, and the plaintiff
shall be entitled 10 such damages as are
right and proper; but il the property be
returned for want Of the undertaking re
qured by said section, the plaintiff shall
pay all costs made BY taking The same.
SEC. 15l. The constable in executing
the writ, may break open any building,
or enclosure, in which the property claim
ed or any part thereof. is concealed; bul
not until he has been refused an entrance
into said building. or enclosure. and the
delivery Of the property, alter having de.
manded the same.
SEC. I52. No suit shall be instituted on
the undertaking given under section one
hundred and foriy-three before an execu.
tion issued on q judgment in favor Of the
defendant in the action, shall have been
returned, that sufficient property, where.
on to levy and make the amount of such
Judgment. cannot be found in the county
SEC. 1853, II any Justice shall issue .
writ 10 replevin properly, as is provided
by this article, without the affidavit being
made and filed in his Office, as is propi'
ded in section one hundred and forty. the
! same shall be set aside At his costs, and