The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-05
Dol'uHlhla s. C FRIDAY MORNING, AUGUST 5.

Justice on the return day of said sum-
mons, to the effect that they arc bound
in double the value of said property as
stated in plaintiffs affidavit, for the deli
very thereof to said plaintiff, if such de-
livery be adjudged, and for the payment
to him of such sum as may for any cause
be recovered against said defendant; and
IL such return be not required before the
return day of said summons. the proper
ty shall be delivered to said plaintiff
SEC. 75. The qualification of bail must
be rs follows:
l. Each of them must be resident,
and householder or free-holder within
the State.
2. They must each be worth the amount
specified IN the order of arrest, exclusive
OF property exempt from execution; but
the Judge or Trial Justice, on .justiti-
cation, may allow moro than two bail to
Justify severally in amountsless than that
expressed in the order, if the whole JUS
tlficatlon be equivalent to that of two
sufficient bail.
SEC. 76. For the purpose of justifca-
ton, each of the ba:.. shall attend before
the Judge or n Trial Justice at the time
and place mentioned in the notice, and
may be examined on oath on the part of
the plaintiff, touching his sufficiency in
such manner as the Judge or Trial JUS
tice in his discretion may think proper.
The examination shall be reduced to
writing and subscribed by the bail if re-
quircd by tho plaintiff.
SEC. n. If the Judge or TriaI Justice
find the bail sufficient, he shall annex
the examination to the undertaking, en-
dorse his allowance thereon and cause
them to be filed with the clerk; and the
sheriff shall thereupon be exonerated
from liability.
SBc. rs. If the property, or any part
thereof, be concealed in q building or
enclosure, the constable shall publicly
demand its delivery. If it be not deli
vered, he shall cause the building or on
closure to be broken open, and talse the
property into his possession; and if ne
cessary, he may call to his aid the power
of his County.
Sec. 70. When Constable shall have
taken property, rs in this chapter provid-
ed, he shall keep it in n secure place,
and deliver it to the party entitled thereto,
upon receiving his lawful fees for taking,
and his necessary expenses for keeping
the same.
SEC. so. If the property taken be
claimed by any other person than the de-
fendant or his agent, and suoh person
shall make affidavit of his title thereto.
and right to the possession thereof; stat
ing the grounds of such right and title,
and serve the same upon the Constable,
the Constable shall not be bound to keep
the property, or deliver it to the plaintiff,
unless the plaintiff, on demand of him
or his agent, shall indemnify the Con-
stable against such claim, by m under
taking, executed by two sufficient sure
ties, accompanied by their af1idavits, that
they are each worth double the value Of
the property as specified in the affidavit
of the plaintiff, and freeholdcrs and
louseholders OF the County. And no
claim to such property, by any other
person than the defendant or his agent,
shall be vnlid against the Constable, un-
less made as aforesaid; and notwthstand-
ing such claim, when SO made, he may
retain the property n reasonable time to
demand such indemnity.
The actions so commenced shall be
tried III all respects as other actions are
tried in Trial Justices Courts
The Judgment for the Plaiutif1 may be
for the possession, or for the recovery Of
the possession, or the value thereof, in
case n delivery cannot he had, and of
damages for the detention. If the pro
perty have been delivered to the Plain
tiff. and the Defendant claim n return
thereof, Judgment for the Defendant may
be for retnrn Of the property, or the
value thereof, in case return cannot be
had. and damages for taking and with
holding the same. An execution shall
be issued thereon, and if the judgment
be for the delivery of the possession of
personal property, it shall require the
officer to deliver the possession of the
same, particularly describing it, to the
party entitled thereto and may at the
same time require the officer to satisfy
any costs or damages recovered by tie
same Judgment out Of the personal pro-
perty of the party against whom it was
rendered, to be specified therein, if a
delivery thereof cannot be lad. Tie
execution shall be rcturnable within sixty
days after its receipt by the officer, to
the Trial Justice who issued the same
In all actions for the recovery of the
possession Of personal property, rs herein
provided, if the property shall not have
been delivered to Plaintiff. or the De-
fendant, by answer, shall claim return
thereof, the Trial Justice or Jury shall
assess the value thereof and the injury