The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-04-16
Official.

action for such rent brought within said three
months. And this lien may be enforced
that the rent is due and unpaid if not due,
that the defendant is about to remove or sell all
or some of said chattcls; or,
2. BY Judgment against the tenant and exc
cution, to be levied OH said chattels or any OF
them, in whosoever hands they may be found;
or, -.
g. By action against any purchaser of any of
said chattels, with notice of the lien, in which
action the plaintiff may have Judgment for the
value of the chattcls purchased by the defendant,
but not exceeding the rent arrear and damages
SEC 13 Ind be IL TltJfher enacted That the de-
claration in replevin shall be in the following or
equivalent form: "Thc plaintiff sues the defen-
dant for (wrongfully taking and detaining,) Gun,
justly dctaining) his said Plalntlfs goods an9 ~
s.. And the plaintiff claims that the same be
| taken from the defendant and delivered to him;
or if they are eloigned, that he may have Judg-
ment of theirs aid value, and all mesne profits ana
damages which he estimates at s, beside costs"
| And at the time of filing an affidavit, sworn to
before the clerk, stating
l. That according to atlantis information and
belief the plaintiff is entitled to recover posses
sion of the chattels proposed to be replcved, be-
ing the same described in the declaration;
2. That the defendant had seized and detains,
or dctainS the same.
g. That said cllattcls not subject to such
seizure or detention, and were not taken upon
any writ of replcvin. And he shall, at the same
time enteat into an undertaking with surety, ap-
proved by the clerk, to abide by and perform the
Judgment of the court in the premises.
SEC IA. dad be u.finther e'sacted, That if the
officers return of the writ of repcvin be, that
he has served the defendant with copies of the
declaration, notice to plead and summons, but
that he could not get possession of the goods and
chattels sued for, the plaintiff may prosecute
the action for the value of the same and damages
for detention or lie may renew the writ in or
der TO get possession of the goods and chattrls
themselves. If the officers return be, that he
has possession of the goods and chattels sued
for but that the defendant is not to be found, the
court NAV order that the defendant appear to the
action by some fixed day; and if this order the
plaintiff shall cause notice to be given by publi-
cation in some newspaper of the District at least
three times, the first of which shall be at least
twenty days before the day fixed for the defen-
dants appearance and if the defendant fail to
appear the court may proceed as in case OF de-
fault after personal service.
SEC. Is. And be it further enacted, That if the
defendant appear, he may plead not guilty, in
which case ali sdecal matters of defence may be
given in evidence, or he may plead specially.
SEC. 16. AndGet tintItcr enacted, That, wheth-
er the defendant plead, and the issue thereon
Joined is found against him; or his plea is held
bad on demurrer; or he make default after per-
sonal service, or after publication, the plaintiff
damages shall be ascertained by the jury trying
the issue, where one is Joined, or by jury of
| inquest, where there is no issue of fact; and
those damages shall be the full value of tie goods
| if eloigned by the defendant, Including in every
case the loss sustained by the plaintiff by reason
of the detention: and Judgment shall pass for
the plaintiff accordingly
SEC. 2 And be it .fiufAey enacted, That, ifthe
issue be found for the defendant or the plaintiff
dismiss, or fail to prosecute his suit, the judg-
ment shall be, that the goods, if delivered to the
plaintiff, be returned to the defendant with dam
ages, on failure, that the defendant recover
against the plaintiff and his surety the damages
by him sustained, to be assessed by the jury try
ing the issue; or, where the plaintiff dismisses
or fails to prosecute his suit, by the jury of in
quest.
SEC. IS. And be it further enacted, That if the
defendant has e!oigned the things sued for, the
court may instruct the jury, if they find for the
plaintiff, to assess such damages as may compel
the defendant to return the things; and the judg-
ment shall be that the plaintiff recover against
the defendant the value of the goods rs found,
to be discharged by the return of the things with
damages for detention, which the jury shall also
assess.
SEC. 10. And be it further enacted, That where
a suit is brought upon an open account, verified
by the plaintiffs his agents affidavit that the
amount claimed by the plaintiff is justly paya-
BILE by the defendant to the plaintiff, and the de-
fendant fails to defend the suit, the plaintiff may
have judgment final by default for said amount,
with interest from the day specified in the de-
claraton, without an inquiry of damages. If the
affidavit be made before an officer, of whose au-
thority to administer oaths the court cannot
take notice, his authority must be verified by
the certificate under official seal, if he have one,
of the officer having authority to give such GER
tificate.
SEC. 20. Ind be it further enacted That where
money is payable by two or more persons joint
ly severally, by joint obligors, covenantOrs,
makers, drawers, or indOrscrs, one action may be
sustained and judgment recovered against all,
or any of said parties. by whom the money is
payable, at the option of the plaintiff. But
action against one or some of the parties by
whom the money is payable may, while the liti-
CATION therein continues, be pleaded in bar of
another action against another or others of said
parties.
Sec. 81. And be it further enacted, That in case
ot the sale of things, real or personal, under q
decree in equity, the decree confirming the sale
shall dlvest the right, title, interest sold out
OF the former owner, party to the suit, and vest
1t III the purchaser, without any conveyance be
the officer or agent of the court conducting the
sale. And of this transfer of title the decree
shall be notice to all the world, when COPY
thereof shall be registered among the land records
of the District. Nevertheless, the court NAV Or
der its officer or agent aforesaid to make con-
veyance, if that mode be deemed preferable, in
particular cases.
SEC. %. And be it further enacted, That if the
declaration state cause of action of which the
court has Jurisdiction, but the verdict finds the
money payable by the defendant to the plaintiff
to be less than the lowest sum of which the court
has jurisdiction, the plaintiff shall have judg
mcnt for the amount found due to him from the
defendant, but without costs.
SEC %. Aa.d be ii further enacted, That all laws
and parts of laws in conflict with these provis
ions are repealed
Approved, February %, 1867.