Smyrna times., 1867-09-11


hereby abolished; and instead of il tho InIi
nh 'ha nave tact lien upon such oftbe t.n,n,, ~
ttels' upon the premises, and arc spbie
- 9AecutiOn Tor debt, to Commences with the ,nn.n,
Dr. I t,hue Tor three months after the rent ia DIN
an ut te termination of any action for sucb rc,
-" may be enforced anu this lie
e. ny attachment, to be issued upon affidavit III,
n de rent Is que and unpaid; if not due that m
he uelehdant is about to remove or sell all or ona
m SAID chattes, or, " SUNNI
of 8, ny Judgment against the tenant aud execution
I'd Ie'leu on SAID chattles any of them in wbC
J. soever hands they may be found: or ' ~ WIZ
ID o. ny action against any purchaser of anv of a.,
le 'oiS win notice of the en in which ac,;or th
lainIln t. may have Judgment for the value of I'm
2 purchased by the defendant but not exceed
IS ing 'he rent arrear and damages
}. SEC 10 And be it further enacted Tb., tbo doo
d ldratlon IN replevin shall be in the folowing ~
/. luNdleht form: "The plaintiff sues the defendan
:. I"Iongl"Iy taking and detaining0 (uniustIv de-
;, 'ahng) MS, said plaintiffs goods and cbattes y
Il w.: uescfioe them) of the value of s.. And tbc
Pialhtlh claims that the same be taken from ,h ~
Iehdant and delivered to him; or if thew
S' ne may have Jud gmcnt of their said valne .d
r ~ 'oSne ProhtS and damages, which he estimates
oeslues COSTS. And at the time of fIIng tho
ceclaratlon' the plaintiff his agent or attorney sb
"a 1r rIiiua'I'' sworn to before the clerk stating
l. l. nat, according 10 atlantis iuG,rmat;on . !
oeiief, the plaintiff is entitled 70 recover
I,Fs Al
ol Tue chattelS proposed to be repeyed heinz tIn
same described IN the declaration '''
d. mat saId chattels were not spbipct to .roI
Aole OF detention and were not taken upon arv
n,a =. - P'cV'h' AND ne shall, at the same time
''e' Inlo an undertaking with surety anprovod L'
the clerk, to abide by and perform the ndgn,on, -
the court. in the premises u
SEC: Ia. A"d be ii further enacted. That e ,ho
o'nccrs return of the writ of replevin be. that bo
,;an aeu t'e defendant with copies Of the declara
fp ulo.l
oouiu "o' get possession Of tn; goods md cbatt.L
sueu ior, the plaintiff NAV prosecutc tba ,o,i r.
! ~ 'u'uo Vi the same and damages for detention. 49,
~ c"cW 'he " rlt IN order to get pusscssion nc
Va. eouu' ana chattels themselves. If the Officer,
J i %, ''a' ne mas taken possession OF the goods
ana cnatels sued for, hut that the defendant : w.,
TO be found, the court NAV order that Tho '''
"Ptedr 10 lle action by some fixed dsv and of ~; |
o'uIi 'le PldlitIf shall cause notice to be given h
Puo"cat'oh IN some newspap per of the District y,
'''Gc uh's' the first of which shall be at least
twenty days before the day fixed for the de,ndn,,
appearance; and if the defendant fail 20 ao
court may proceed in case of defsnlt KIN o,a ."e
nal service 0Si"ul' d'lef PeTso-
DEC. ID. and be is further enacted. Tba, ic ,L
ue'e"u%ht appear he may plead not guilty, in which
al SP'ciAl matters OF defence may be given IN
evidence, or he may plead specially
SEC l6. And be IL further euacteJ That ul.n
the defendant plead, and the issue tbercon ;ino !;
ou"u against hIm; or his plea is h, Id had an a.
I''er' or lie make default after personal service or
a"cr publication, the plaintiffs damages shall he os
'ei'"iheu ny the jury trying the issue where one i
Joihed, or by Jury OF inquest. where Ibcro !, - |
sue OF fact and those damages shall bo tbo cII, -
"' the goods, II eolgncd by the defcndst, iroInd
"s' IN every case, the loss sustained bv the ;, o.
ny reason o' the detention, and Judgment shall rsss
lor The plaintiff accordingly. f'''
"hc. Il. ana be " further enacted, That irtbe
issue DC found for the defendant or the pl,,n,i a.
MISS or fail to Prosecute his sr , r'';'',,'n : u'S
Shall be That the goods, ii delivered 10 tho ;,:
" " ic'uInro I" The defendant with damsrcs ~ ~ |
azure mat the defendant recover ag,inst ,La
""'"''n ana his surety the damages by him s,a
~. ~ %o assessed by the jury trying the issue
Or "nere ihe plaintiff dismsses or fails Il, nros j
c"ic his suit by the jury ofuqne.t. P'''o' j
SEc. 10. And be ii further tnactfd Tbo, &C.. j
eIhdaht has cloiSnec the things sued for Tho c,r j
nay instruct the jury, if they find for the nl,;n,a
1's'ss Snch damages as may comp. the deG,n '
10 49, t"e tn'ngs; and the judgment shall j
'c that The plaintiff recover against the dcGn, n
&c 'aiue OF the goods found To be d,scb.rgodL
nc return OF the Things, with DAMAGES for d.,,,;
"hch the jury shall also assess o'''io"' :
SEC ~. lind be further enacied That u,,o.o q
t ~ Is brought upon an open account verified bv tb
,l,,ad ~ " "'S agents affidavit, that the amount
;, ny thc plaintiff is Justly PAYABLE nv tbs do q
1nudnt 10 The plaintiff, aud the def.nd.D, ell i
;i t"1 cut' t"e plaintiff NAV have indornsn, q
La ueiauh ior SAID amount, with interest fro,n l.
~ 'P'I'neu I'D the declHratinn an in,n;rv r v
g yes IL The affidavit he made beEre .n - J.
-, ,t authori'y 10 administer oaIhs tho cnns, 49, :
o,;,: nollce hls authority must be yeTiGeJ b.. IL
or w Ste under Official seal il he havenno ~ % .ie
G. noo'iHs oa authority TO give such certifcots ~
NEc' ~ And be H further euactoJ 'TL' e.
y I-y 80 PaPaDle ny two or more persons ;o;n,t l.
o'ilJ aS ny JOINT OBJ igOrs, cOvenantnrS rnaiy VI I
Ut huOrsers' one action Inal he sno,a;'t
no Judgment sustained against all 0r on c neg X
Wy wnOm he money is payable at The on,i "
'"e PialnuI But an action agansl one nr s,r NJ
ne raI"es ny whom the money IL paya b. moI 't:I VI i
ne "ugallon therein continues be placed ~ re 4,
no'hef acliOh against another or others of said VI
SEC; u. Ana he H further enacted Thar in &C., u
ne SAFE OF 'hlngs, real or personal under decrse ~
quy' Ine uecree confirming the sale shall divest ~
ght' title, or interest sold out of the former @ 'e
a'y 10 lhe sui, and vest It in the pnFchaser uh. ~
ny Veyance by the officer agent of the Con-, CT
DhuuciIng The sale. And Of this transfer of ID
ecree snsii be notice TO all Ilie world. when CON-
e'eoi snall be registered among the land records ~ ell
y Dslric Nevertheless. the court NAV orJor ~ Il,
Ger or agent aforesaid TO make a aOnveyance fiho, "
o1e ne deemed preferable. in particular coseS '"o'
oEC %%' Ana De u further enacted Tint if Tho d. We
ailUh slale cause OF action of which The conrt ed
- lu1.solctlon but the verdict finds the money nsva
e " he defendant TO the plaintiff to be less lRap H. th
est SUM OF which the court has urisdictinn H. ~
aInui shall have judgment for the an onnt G'n6 CIV
IS =, " MIN i!on the defendant but without COSTS
20 Ana be II further enacted That ali laws ond ar
pealed. ~ 'ioSe PROVISIONS are 'iN
Approved, February %, 1867. ~