, 1854-05-27

affidavit Of the plaintiff, for the delivery
thereof TO the plaintiff, if such delivery be
adiudgcd, and for the payment to him OF
such sum rs may for any cause lie recover
ed against the defendant. Ii return of
the property be not SO required, within two
days after the taking and serving Of notice
TO the defendant, it shall he delivered 20
the plaintiff, except as provided in this act.
Sec, ll5. The defendants sureties, up
on one days notice, to the plaintiff, or his
at orney, shall jus ify before the justice, and
III on such justification, the officer shall
deliver the property to the detendant.-
| Tie officer shall he responsll lie for the de-
fendunt's sureties until they justify, or until
the Just e alton 8 complete, or expressly
waved and may retain the property until
that time, but if they, or Others in their
place, fail to Justify at he time appointed,
he shall deliver the proper y to the plaintiff
See. ll6. If the property, or any part
thereof be concealed in a building or enclo-
sure, the officer shall publicly demand liz
delivery, and if it be not delivered, he shall
cause the building or enclosure to be broken
open and take the property into his posses
son.
See. III. When the officer shall have
taken property as in this act provided, hi
shall keep it in a secure place, and deliver
| it to the party entitled thereto, upon re-
ceiving his lawful fees for taking, and his
necessary expenses for keeping the same.
Sec. lis. If the property taken he clai-
med by any other person than the defend
ant or his agent and such person make aili-
dayit of his title thereto, or his right to
the possession thereof, stating the ground
of such title or right and serve the SAINT
upon the officer before the delivery Of the
property to the plaintiff, the sheriff shall
not he bound to keep the property or deliv-
er it to rhe plaintiff unless the plaintiff, on
demand of HIN or his agent, indemnify the
officer against such claim hy Lond cXccu-
led by two sufficient suretles accompanied
by their afiGavits, that they are each
worth double the value of the property Us
specified in the affidavit Of the plaint.f
over and above their debts and liabilities
exclusive Of property exempt from eXecu-
tiOn, and freeLolders or householders oi
the county, and no claim TO such property
by any other person than the defendant Or
his agent, shall be valid against the officer
unless made as aforesaid, and notwithstan-
ding such claim, when so made, he may
retain The property reasonable time to
demand such indemnity.
Sec. ll9. The officer shall return the
order and affidavit with his proceedings
thereon, to the justice within five days after
taking the property mentioned therein.
FoRcIDLE ENTRY AND DErAISER.
Sec. l20. No person shall make entry
into lands, tenements or other possessions,
but in cases where en- ryis given by law !;
and in such cases he shall not enter with
force, but only in peaceable manner.
Sec l2l.' When any forcible entry shall
be made, or when an entry shall he made
in peaceable manner, and the possession
shall be unlawfully held by force, the per-
son entitled 10 the premises may be restored
to the possession thereof in the manner
hereinafter provided.
Sec 1922 The person entitled to the
possession of the premises, may make com
plaint in writing, on oath to justice Of
the peace of the county in which the prem
ises are situated, setting forth that the
person complained of is in possession Of
the lands or tenepents in quest ton-de-
scribing them; and that he entered into
the same with force, or that he unawfully
holds The 81 me by force, as the case may
be, anl the time when.
Sec. l23. Upon receiving such COM
plant, the justice shall issue n summons
directed to the sheriff or any cons aLle Of
he county, commanding HIM to summon
the person or persons against whom su,h
complaint shall have been made, to appear
before the justice on day in such sum
mons named.
| Sec. 1924. The summons shall be served
by the officer as in other cases, aud at the
same time copy of the complaint shall in
like manner be served on the defendant
The officer shall in his return state the time
and manner of such service.
Sec. l25. The justice shall at the time
of issuing the summons, issue II ven,re to
the sheriff or constable, commanding him
o summon six good aud lawful men, quail
fed to serve as jurors, to appear ut the
time and place appoin ell for the trial OF
the complaint, to be u jury in the case.
Such venire shall be returned on or before
the day appointed for the trial and the
officer shall endorse thereon the list Of the
jurors summoned.
Sec. 1876. If sufficient number Of ju-
rors do not attend, or attending are set
aside by challenging percmpiory, or for
cause the iustice NAV order the sheriff or
constable to complete the number by sum
moning other jurors.
Sec, l27. If the plaintiff fail to attend
at the time appoin ed for hearing the COM
plant in person, by agent or attorney, and
prosecute his act Oh, he shull be nonSuIted,
md Tho hnf.nhnnl shnll rnrnrnr his rnsfs