, 1854-05-27

any sale made by him upon execution, and
every such purchase shall be absolutely
void.
Sec. lOI. If the action be one in which
the defendant might have been arrested
upon q warrant, an execution against the
person of such defendant may be issued
after the return of an ex' cut on against
his rroperty unsatiafed in whole or in part
An execution against the person may Ike
wise be issued after such return, where
the defendant has been arrested npCn II
warrant and not discharged according to
law.
Sec. 1906. If here he no property found
or. if the goods and chattlrs levied on be
not sufficient to satiefy such execution, the
officer shall, on demand of the plaintiff,
summon in writing as garniEhees such per
sons as may be named 10 him hy the pIa n
tiff or his agent to appear before the justice
on the return day of the execution, to an
swer such inerrogltOries rs may be put TO
them, touching their liabil ties as garni-
shees and the Ike proc, eding shall be had
thereon before the justice 10 final judg-
ment, as in procc edngs by attachment
Sec. l06. Any justice of the peace may
issue an execution against the prevailing
party to collect fees and costs for which
such party may be liable, after an execu-
ton has been first issued against the other
party, and returned mo property found"
Sec. l07. If any roper'y levied on be
{ claimed by any person other than the de-
fendant in the execution, the sheriff or con-
stable shall summon from his county six
persons, qualified as jurors between the
parties to try the validity Of the claim, such
, officer shall so give reasonable notice OF
the claim, and Of the time Of trial to the
plaintiff, who may appear and contest the
claim before the jury The jury and The wi
nesses Of the parties shall be sworn by tn
, officer, and il their verdict lie in favor Of
, the claimant, the officer may relinquish the
J levy unless the plaintiff give him fl cient
1 indemnity for proceeding thereon. The fees
of the Jury, the sheriff or constable and the
. witnesses shall be the same as for similar
services in a Justices court, and shall lie
paid by the claimant if the verdict be
: against him, otherwise by the III. intitf.
On the trial the defendant and the claim
ant may be examined as witnesses by the
plaintiff
Sec lOS. Nothing contained in the last
two sections shall be so construed as to
prevent the claimant of proper y levied on
/. by execution from resorting 10 any legal
remedy he may choose 10 pursue instead Of
proceeding in the manner therein pres
cribed.
! OF REPLEvIH.
Sec. l09. The llil tiff in an action 10
recover the possession Of personal property
may at the me Of issuing the summons
or at any time before answer, claim the i'm
mrdi tie delivery If such property as pro-
v.ded in this act.
Sec. 10. When a delivery is claimed
an affidavit shall be made by the plaintiff
or by some one in his behalf, showing
/. That the plaintiff is the owner of the
property claimed, particularly describing
/ ii, or is lawfully ent tied to the possession
thereof by virture of special property
therein, the facts in respect to which shall
be set forth.
O. That the property is wrengfully de-
tanned by the defendant.
g. The alleged cause of the detention
thereof according to his best knowledge,
information and belief
4. That fhe same has not been taken
. for tax assessment or fine, pursuant to
a statute, or 'ized under an execution or
attachment gal lst the prop rty Of the
T pa utiff or If SO seized, that is Ly stat
ute exempt from such seiz' re, and
5. The actual value Of the properly.
!, Sec Ill The justice shall thert u; on
by an endorsement in writing upon the afIi-
davit, order the sheriff or any constable of
, the county, to take the same from tile
defendant and deliver it to the plaint ff
upon receiving a proper bond.
Sec ll2 Upon the receipt of the nfi-
|, davit and order with ] ond, executed by
, two or more SUFFICE mt slreties, approved
by the sheriff or constable, to the effect,
that they are bound in double the value of
the property as stated in the affidavit, for
the prosecution Of the action, for the re-
turn Of the properly of the defendant, if
return ther' Of he adudged, and for the
payment to him Of such sum as may for any
cause be recovered against the plaintiff,
J the sheriff or constable shall forthwith take
: the property described in the affidavit, if it
be in the possession of the defendant or his
agent, and retain it in his custody. He
shall also without delay, serve on the de-
; fendant a copy of the affidavit, order and
bond, by delivering the same to him person
ally, If he can he found within the county,
or to his agent from whose possession the
property is taken, or il neither can he
found in the county, by leav ng them at tie
usual abode of either within the county,
with some person of suitable age and dis
cretion or if neith,r have any known
place Of abode in the county, by putting
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