Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-04-13

HOfNrN on llo nNNNi ~ futN tNllu
ration or person conducting ~ bnf.
inoss aforesaid, or w case lio " alb
sent and cannot ho found ~ loav-
Ing n copy thereof ~ the principal
place Of business In tho District, aud
such service will hc cifcctunl 10 bring
the corporation before the court
SIC. IL. AHdbc II fgnhcr CH0oicd,
That tho power claimed and oxor.
ciScd ~ Of common right by ovcry
landlord, of scizing, by his own at
ihority, the personal chattols Of his
tenant for rent arrcar, is hereby
abolished and, instead Of 1T, the
landlord shall have tacit lien upon
such of the tenants personal chat
tells, upon the premises, rs are sub
lcct to execution for debt, TO COM
mcnce with the tcnacity and contin-
ne for three months after the rent is
due, and until tho termination OF
any action ior.-such rent brought
within said three months. And this
lien may be enforced
/, BY attachment, to BIO issued
upon affidavit that the rent is due
and unpaid or if not due, that the
defendant is about to remove or sell
all or some Of said chattels or,
2. BY judgment against the ten
ant and execution, to be levied on
said chattols or any of them, in who
soever hands they may be found
or,
3. BY action against any purchas-
er of any Of said chattels, with no.
tice of the lien, in which action the
plaintiff may have judgement for
the value Of the chattels purchased
by the defendant, but not exceeding
the rent and arrear damages,
SEC. ID. And be it further enacted,
That the declaration in repliven shall
be in the following or equivalent
form "Thc plaintiff sues the de-
PENDANT for (wrongfully taking and
detaining,) (unjustly detaining) his,
said plaintiffs goods and chattels,
to wit: describe them) of the value
Of s.. sAnd the plaintiff claims
that the same be taken from the de-
PENDANT and delivered to him; or if
they ara eloigned, that he may have
judgment oftheir said value, and all
mesne profits and damages, which
he estimates at s., besides COSTS"
And at the time of filing the decla-
ration, the plaintiff, his agent or at
.torney, shall file an affidavit, sworn
to before the clerk, stating
l. That according to afiiiant's in
formation and belief, the plaintiff is
entitled to recover possession of the
chattels proposed to be replevied,
being the same described in the dec
laration
2. That the defendant has seized
and detains, or detains the same.
3. That said chattels were not
subject to such seizure or detention,
and were not taken upon any writ
of rcplevin. And be shall, at the
same time, enter into an undertake
ing with surety, approved by the
clerk, to abide by and perform the
Judgment of the court in the prem
Uses.
Sec. II. And be it further enacted,
That if the officers return of the
writ Of rcplevin be, that he has
served the defendant with copies Of
the declaration, notice to plead and
but that he could not get
possession Of the goods and chattels
sued for, the plaintiff may prosecute
the action for tho value of the same
and damages for detention or he
may renew the writ in order to get
possession Of the goods and chattels
themselves. If the officers return
be, that he has taken possession of
the goods and chattels sued for, but
that the defendant is not to be found
the court may order that the de-
fendant appear to the action by some
fixed day; and if this order the
plaintiff shall cause notice to be
given by publication in some news
paper Of the District at least three
times, the first of which shall be at
least twenty days before the day
fixed for the defendants appearance;
and if the defendant fail to appear,
the court may proceed as in case of
default after personal service.
SEC. Is. And be it further enacted,
That if the defendant appear, he
may plead not guilty, in which case
all special matters of defence may
be given in evidence, or he may
plead specially.
SEC. 16. And be it further enacted,
That whether 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 personal service, or after pub
lication, the plaintiffs damages shall
be ascertained by the jury trying
the issue, where one is joined, or by
a jury of inquest, where there is no
issue Of fact and those damages
shall be the full value of the goods,
if eloigned by the. defendant, in
in every case, the loss sus-
tanned by the plaintiff by reason of
the detention; and judgment shall
pass for the plaintiff accordingly.
SEC. u. And be 1t further enacted,
That if the issue be found for the de-
PENDANT, or the plaintiff dismiss, OF
failtoprosecute his suit, the judg-
ment shall be, that the goods, if de-
Iivered to the plaintiff, be returned
10 the defendant with damages, or
On failure, that the defendant recov-
sr against the plaintiff and his stre-
y the damages by him sustained, to |
be assessed by the jury trying the
ssue; or, where the plaintiff dis
or fails to prosecute the suit. |