Litchfield enquirer., 1863-08-20
PUBLIC AUTS, PASSED MAY SESSION, 1863.


 CHAPTER ".
 An Act extending the action of Repleyin.
 Be tt enacted byhke Senate and House 0f Rep resentatiues, in General Assembly concerned;
 Sec. That whenever any goods shall be unlawfully detained from the owner or other person entitled to the possession, (except in the cases of beasts impounded and goods at- tached, the existing provisions of law as to which are not to be effected by this act) such owner or other person may cause them to be replevied.
 Sec. 2. The writ in such action of replevin may be signed by any authority competent to sign writs. but shall be issued only upon the oath of the party or his agent, that he verly be- lieves the plaintiff or plaintiffs to be the true owner or owners of the property sought to be replevied, or entitled to the immediate posses sion of the same; nor shall the same be issued except upon the recognizance of some person, known to the magistrate signing the writ to be of sufficient responsibility for the payment of costs to the defendant, with good and sufficient surety, in case the plaintiff shall not prosecute his suit to effect, and for the payment of all damages that shall be recovered by the defend ant in the suit, and for the return of the proer- ty to the defendant if the plaintiff shall fail to establish his right to the property, or to the possession of the same, which recognizance, with surety, shall be in sumsat least double the alleged value of the property, and shall in no case be less than one hundred dollars.
 Sec. 3. The writ shall. in every case, allege the value of the property; and where the ale ged value does not exceed fifty dollars, the writ shall be made returnable before justice of the peace, and in all other cases shall be made re- turnable to the superior court, or to the city court of any city within, which one of the par ties may reside, and the cause of action shall have arisen. But in all cases brought before Q justice of the peace the party against whom judgment shall be rendered, may appeal the same to the superior court, and a like appeal shall be allowed from the judgment of any city court.
 Sec 4. The defendant. aftar entering bis ap- pearance in court, may move for further bond from the plaintiff, either in respect to the per motion it shall be incumbent on the plaintiff to satisfy the court to the suficiency of the bond in all respects, and the court may, in its dscre- ton, order further bond to be given.
 Sec. 5. The defendant may make general denial of the allegations of the plaintiffs deca- ration, ol plead aHy special matter of defence i; but if, under such general denial, he shall rely for his defence upon the claim that he has not in fact detained the property, it shall be his du ty under said plea, to disclaim all right to the property, in which case a judgment of return shall not be rendered, although judgment shall in other respects be rendered for the defendant. If the defendant shall make such denial. it shall be incumbent on the plaintiff, except in the case of such disclaimer. to prove his title to the goods, or his right to the possession of the same; and on his failure to makesuca proof to the satisfaction of the court or the jury, as the case may be, or if he shall be nonsuited, or shall in any form decline to proceed with his suit, a judgment shall be rendered for the defendant, for return of the goods, and for such damages as the court or jury, as the case may be. shall award for the taking of the goods by the replev- in which award of damages shall de made by the court or jury before which the question of the plaintiffs right to the goods shall be tried, and evidence as to such damages shallbe beard herewith, if the defendant shall offer such evil dence, and shall have notified the plaintiff by or in connection with his plea, that be should claim such damages; and the defendant shall also, in that case, recover his costs of suit and the claim of tho defendant for damages may be heard by the court, as upon hearing on dama- ges upon default, in all cases in which the plaintiff shall have failed to pursue his action to trial 1; and damages for the unlawful detention of the property by the defendant may be award ed to the plaintiff by the court or the jury, as the case may be, if the plaintiff shall establish his right to the property or to the possession of it, or if the defendant shall make default ofap. pearance.
 Sec. 6. Whenever any writ of replavin under this act is served by the taking Of the property sought to be repleEied, acopy of the writ of re- plevin shall at the same time, or within ore hour thereafter, be lett with the defendant, or at his usual place of abode, and if the defendant is not satisfied with the recognizance entered into be- fore the magistrate issuing the writ, he nay cite the plaintiff or his attorney, or the officer nerv- ing the writ ofrepleyin, to appear atonce before the nearest judge of the superior court, or be- fore any judge of city court, or any county commissioner within the town where said de. fendant resides. or any justice of the peace within either of said towns, to respond to . motion for . new bond, which judge, commis. sioner, or justice may hear such application and 1 in his discretion order new or further bond 1 which bond SO 0rdersd shall be for the obiects l and upon the conditions before stated. and l shall De in writing and signed by the ohligors therein; and the same 80 executed, shall hs certified by snch judge, commissioner or jus tice. and delivered to the defendant, and filed with the clerk of the court or with the justic. 1 of the peace before which such writ is made re turnabie. And such judge, commissioners ol Justice, shall be entitled to fee of hfty rents for such hearing, which shall be paid by the defandsnt and my be allowed ia his tavorla' . part of his costs, l Approved Jply 10, 1863,
 CHATTER LvI.
 An Act in addition to and :in alteration 0i q
 Act tor the protection of Sheep Culture E Bsst enocted U tIeI S<,,ote ond Ho,,seof Rsp ireeentdtfpes, in &euesaI Zsse,ebL coece;eed
 <. cec. l. II shall be tho duty If ihe ausessors .