The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20
ARTICLE NJ.

Of the repteUIH Of properly.
Sec. 139. The plaintiff may recover
the possession of specific persons property
oflnss value than one hundred dollars, be-
fore Justice of the Peace, as herein pEGri-
ded.
Sec. l40. 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 attarney showing:
IA description Of the property CLAIM
ed:
| 2-That the plaintiffs the owner there
of, or has special ownership therein,
statind the facts in relation thereto, and that
he is entitled to the immediate posse ssii9gn,
ofthe properly:
3-Ihat the property is wrongfully de-
/ tanned by the defendant:
! 4-That it was not taken in execution
on any order Or Judgmrnt against said plain
titf 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 pro
cess issued against said plaintiff.
Sec. 14l. Upon affidadt being made
and filed with the Justice, he shall issue q
summons in other cases, but III addition
commanding the constable Immediately to
serve and take into his custody wherever
they may be found in the connty, the goods
and chattles mentioned in the affidavit, &Qa
deliver the same to the plaintiff.
Sec. 1872 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 a copy al his usual place of res
idence, and shall make retarn Of the
time and manner of service, the appraise-
ment of the property and any undertaking
taken by him.
Sec. 143. The constable shall not deliv-
er to the plaintiff, his agent or attorney the
property so taken until there has been exc
cuted by one or more sufficient surities 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 plaintiff
duly prosecute The action and pay all costs
and damages which may be awarded "a
gainst him.
Sec. l44. For the purpose of fixing the
amount of the undertaking, the value of
the property taken shall be ascertained by
the oath of two responsible persons, whom
the constable shall swear truly to assess The
value thereof
Sec. 145. Whenever the appraised val
of fthe property SO taken, shall exceed 500
the Justice shall certify the proceedings up
on said writ to the court of common pleas of
his county, and thereupon shall file original
papers, together with a certified transcript
! of his 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.
Sec. 116. If the undertaking required by
sec. 143 be not givin with 24 hours from
the taking of the property under said ondar
the officer shall return the property to the
defendant. And if the officer deliver any
property so taken, to the plaintiff, his agent
or attorney. to keep the same from the de-
fendant, without taking such security witE-
in the time aforesaid, or If he take insuffc-
lent security, he shall be liable to the deten-
dant IN damages,
Sec. 147. If the property have been de-
livered to the plaintiff, and judgment be
rendered against him, or if he otherwise
fail to prosecute his action to final judgment
the Justice shall, on application of the defen-
dant, or his attorney, impannel a jury to in
quire into the right Of property and right Of
possession Of the defendant to the property
taken. If the Jury shall be satisfied the
the said property was the property oftbe de-
pendant at the commencement Of the action
or 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 judg-
ment fos the defendant. '.
Sec 148. In all cases, wheA the prop.