Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-08-02
ARTICLE; XI.
or TrE rEPLEviN OF PROPERTY.

ARTICLE Nl.
or TnE rEPrHviN OF PROPERTY.
Sec. l39 The plaintiff may recover the pos.
session Of specific personal property Of less val
Tie than one hundred dollars. before justice Of
the peace. as herein provided.
Sec. l1D An action for this purpose, shall not
be- brought until there is filed N the Office Of
the justice, an affidavit olthc plaintiff, his
agent or attorney, showing:
IA description of the property claimed:
2--Thai the plaintiff is the owner thereof, OF
has special ownership thcrcln, stating the
facts in relation thereto, aud that he is entitled
to the immediate possession Of the property:
3--Thal the property is wrongluly detained
by the defendant.
| i-Thal il was not taken in execution on any
order or Judgment against said plaintiff, or for
the payment of any lax, fine or anerceGcnt as.
sessed against him. or by virtue of an order Of
delivery issued under this article. or any other
mcsnc or final process issued against said plain.
tifi.
Sec. III Upon such affidavit being made and
filed with the Justice, he shall issue Il summons
as in other cases, bur III addition commanding
the constable immediately 10 seize and take in
10 hls custody, wherever they may be found in
the county, the goods and chaltlos mentioned
in The affidavit, and deliver the same 10 the
plaintiff
sec. III The constable shall execute the
wrlt ny taxing the properly therein onfd'
tnr "I Trie @ Ipy " ."v %n,nn,on
of property, OF leave such a copy al his usual
place of residence, aud shall make return of the
time and manner of service, the appraisnent OF
Ser 5,e Th. I' "y cns,niir sna nn, dyer IN
the plaintiff. his AGENT or attorney the property
so taken unili there has been executed by one
or more sufficient sure'les Of the plaintiff writ.
tm unutfan,ns % 'ho ue!erua',. ~ a' hr, e'S' IN
~ ease Inss S Than thon Gr,v dallnrs to the escl that
The plaintiff shall! duly prosecute the action and
pay all costs and damages which may be awar-
'eG against nm,
rp t. ,II VI Of 'i th prnnaI u M , "a
ken Shall be os.eflainel, by the oath of two re-
sponsibIe persons, whom the constable shall
swear truly to assess the value thereof.
se, aio tacn .p sha "pP",sI ppca5 na' UI
! Jrci d5lars. the Justice shall cerlify the pro-
cecdngs upon the said writ to the court of com
mon pleas Of his county, and theire'upon shall
lc .nc ote,i' papc'S' .'sc'nG' WIN !, "er.,nI,'
c Of SAID !" cnse hr, -, 10 III, he nracesde
in as ifsuch sui had commenced in said court.
Sec. l4G. If the undertaking required
by section ono hundred an loriy.ihrce be
rot given within twenty. -four hours from
the taking Of the property under said
order, the officer shall return the proper.
, ty 20 the delen liant. And if the officer
deliver any property so taker, TO the
piaint'l!, his agent or attorney or keep
the same from the deIenlont' without ta'
king such security within the time a.
, fore said, or ii ne take insufficient secnri'
iy he shall be liable to the defendant IN
damages.
Sec. ll1. II the property have been
. delive'ed TO the planl'li, and judgment
be Rendered against hlm or II no olhef'
wise iall TO prosecute his ac'Ion 10 H.
nal Judgment, the justice shall on appil'
ca'lon OIL INC "elendan'' OF ms attorney
elhPann'l Jury 10 inquire '',.o 'ce f.5n'
o' properly ana PpsSess'Tr' pl @ ue''"Lan' aha,I
20 inc properly taken, II 'he Juty y. s''al'
cc ta''sno' .,'' salu P'ol''''y was 'ne oe'
lcnannls a, 'he Gcmmeneement o' 'he aG'
Hoh OF II 'ncy ShaA ma ''a' ''e oe'eln'
ali' was el'''''e' 10 .'' PossGssson .hs o";s :!
u ''o Sd'iio' ~ sue' gu, ''l'lo' '"o.l' I"" ~
uos r,r o' ,ho Iac,,Jan, | as ,,e riob, and
n.rror m ror Which with costs oC snii The
!H? Ill n' aaaI'. ;"lan,on, e., ,hn Io,
Tsndant ] ''''
'' =" , H..
sec l+o' III an cascs' w"1'' 'l'1 P'o,
pcfty mas peen oellVecea 10 'he P,a.n'li'
where the Jury sha'l ma ior inc aelono
ant they snail also ma whether inc .,e.
iendant had the f'sh' oi properly OF 'ne
!, right OF possession on'y' a. r. 'he me- com e
mehcem9ns o. '''s Su,.' hn h"t .so ."oy ""p "p
G''"o' III no '.'o ,L ,,,;,. iiI .;nh, "nJ nrnn
u'h,a5L' -. 1aa o., ' Joc,nJant & % ror which with
.. 'o' " .'.' ~, ~" nonr, shau ronJo,
ooTss ,'., -. Sor Su'' ,ha ,"p Joro,Joot % ~
Jo s''e"' W. '"' u''''"'
Sec 49, mail cfses' wheh 'ne prop,
erty has been delivered 10 inc P'a,hu"
: where the jury shsl' ma lof INC pam.
! tlii on trial, or lnquify Oh dahases' 'ney
shall assess adequate damages 10 'he