Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-16

value than one hnndftd u0llats before Ius-
tice Of the peace, as herein provided,
Sec. lao. An action Tor this purpose shall
not be brought until there is fled in the Office
of the justice, an affidavit Of the plaintiff, bis
agent for attorney, showing;
l. A description Of the property claimed
2. That the plaintiff IL .he owner thereof,
| or has a sp vial ownership therein, stating the
facts in relation thereto, and that ho Is enti-
tied to the immediate possession Of the prop
erty. ts@
s. That the property is wronghlly detaia-
ed by the defendant.
! 4. That It was not taken in execution on
any order OF judgemept against said plaintiff,
or for the payment Of any tax, fine OF amerce-
ment assessed against him, OF by virtue Of an
order Of delivery issued under this article. or
any other mesne or final process issued a.
gainst said plaintiff. na
Sec. l4l. Upon such affidavit being made
and filed with the justice. be shall issue
summons as 10 other cases, bat in addition
commanding the constable Immediately to
seize and take into bis custody, whereyerthey
may be found In the county, the goods and
chattles mentioned in the affidavit and deliver
the same to the plaintiff.
Sec. 1872 The constable shall execute the
writ by taking the property therein mention
ed. He shall also deliver a copy Of the sunl-
mons to the person charged with the unlaw-
fu detention of the property, or leave such
copy at his usual place of residence, and shall
make return of the time and manner Of SER
vice, the appraisement Of the property and
any undertaking taken by him,
Sec. 143. The constable shall not deliver
| IN fha rianf,H hio atl fbo
property SO taken until there has been execu-
ted by one or more sufficient sureties Of the
plaintiff written undertaking to the defcn-
dant in at least double the value Of lie prop
erty taken, but in no case less than af.y dol
lars, to the effect that the plaintiff shall duly
prosecute the action and pay all costs aud
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 ascertained, by the
oath Of two responsible peSs0rs. whom the
constable shall swear truly to assess the value
thereof
Sec. las. 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 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 LAO. If the undertaking re9u;sxi by
section one hundred and forty-three be not
given within twenty-fou hours from the Ia
king of the property under said order, the Off
Ger shall return the property to the defen-
dant. And if the officer deliver any property
SO taken, to the plaintiff, his agent or attorney,
or keep the same from the defendant, without
taking such security within the time aforesaid
or il he tall insufficient security, he shall be
liable to the defendant in damages
Sec, l47 If the property has been deliver
ed to the plaintiff, and judgement be render
ed against him, or IL he otherwise fail to pros
ecute his action TO final judgement. the justice
shall, on application Of the defendant or his
attorney. irrpannel jury to enquire into the
right fproperty and right of possession Of the
defendant to the property taken fthe jnry
shall be satisfied the said property was the
property Of the defendant att the commence
ment of the action, or if they shall find that
the defendant was entitled 10 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 shallren
der judgment for the defendant
Sec. l4s. In all cases, when the property
has been delivered to the plaintiff where the
jury shall tind for the defendant, they shall al
so find, whether the defendant had the right
Of property, or the right Of possession only, at
the commencement of the suit; and it 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. IS
Sec l4o. In all cases. when the property
has been delivered to the plaintiff, where the
jury shall find for the plaintiff, on trial, or ON
inquiry of damages, they shall assess adequate
damages to the plaintiff for the illegal deten-
ton OF the property, for which with costs of
suit, the justice shall render Judgment against
the defendant
Sec. l5o. When the property claimed has
not been taken, or has beer returned to the
defendant. for want OF the undertaking re-
quired by section one hundred and forty three,
the action may proceed as one for damages
enly, and the plaintiff shall be entitledto such
damages as are right and proper; but if the
property be returned for want the underta-
king required 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 enclo-
sure in which the property claimed, or any
part thereof is concealed but not until he has
refused an entrance into said building or en-
closure, and the delivery ofthe property after
he has demanded the same.
Sec. l52. No suit shall be instituted on the
undertaking given under section one hundred
and forty-three before an execution issued on
judgement in favor Of the defendantin tho
action. shall have been returned, that suih-
cient property whereon to levy and make tbs
amount of such judgment, cannot be found in
the county. ae
Sec 1853. If any justice shall issue writ
to repleyin property, as is provided By in this