The Chickasaw messenger. (Okolona, Miss.) 1880-1900, 1881-02-03

made, such party shall maze defence.
aud Che cause shall proceed TO an is
suo and be disposed 81 according o.
law, and, if upon trial Of such suit,
/ IL shall be found that the rent or
other thing dis'rained for, was due.
in whole or part, and the distress was
lawfully male, the party Injured by
such replevin, Of the goods and chat
ieis shall have Judgment against obi
gors in the replevy bond ior a TetarH
Of tie goods aud chattels replevied
( OF their value, to an amount sufficient
70 pay the amount found due, and
interest aud costs OF suit; and in case
goods replevicd shall be restored
they shall be sold TO satisfy sach
judgment, aud if they shall be no
sufficient for that, execution shs
go against the party rspleyying lor
l9ih resmue
JUDGMENT, ID TRIAL REsUlrs AGAINST
LESSOR
SIC. 1915. 1.-THE trial Of such suit
shall result in favor OF The party re-
plevying the goods and chattels, the
judgment shall be that he retain them,
aud recover Of the party in whose
name or right such distress was
sued out, damages for The wrongful
suing out Of such attachment; and
thereupon sCREFAcIAs may be issued
TO tho sureties or such party on his
attachment bond to appear OF Jae
next term OF the court to show cause
against a judgment being given
against them for the amount Of such
Judgment for damages against their
principal, not to exceed the penalty
Of their bond and on trial Of the
issue under such sCIRE FACIAs, the
Judgment for damages aforesaid shall
be rRHA FAclE evidence Of the
amount Tor which said suretles are
liable, not exceeding the penalty of
SAID bond
SALE OF GOODS FOR SUPPLIES STOPPED
WITHOUT BOND
SEc. 1916 Ifthe tenant shall make
affidavit before The officer holding his
goods under an attachment for sup
plies alleged 10 have been advanced,
that he does not owe the amount
claimed Corsupplies, such officer shsll
not sa the goods uGlrz .hev are
of such kind as Do be liable % perish
or greatly depreciate, ar are eNpen-
slvo TO be kept, IN winch ease, he
sha. Sci. tha goods and hold the
proceeds CD lle end ol t.e suit; and
he sla.l return The attachment, as TO
the amount claimed log sup. lies, with
a statemcu oi his proceedings to the
proper court, aud shall Summon the
rarir wu. auel out the attachment .o
appear there; and further proceed
/ ings shall be had, as in ease the ten
ant had rcplevied the goods by giving
bond as herein provided.
REpLEYlS BY THIRD PERSON.
SEC 1917. No goods or chattels
found, or being in or upon any de
missed premises, and noJ belonging 10
Jbe tenant, or some person bound or
liable for the rent of said premises,
shall be liable for said rent; butif the
tenant, or person liable for said rent,
have a limited property or interest
in such goods or chat!els, the same
shall be liable to be distralned an 4
sold for the property or interest such
tenant, or other person liable Tor said
rent, may have therein; and no per
son claiming title to such property
/ distrained for rent, shall in any mal
ner avail himself of the provisions of
/ this section, unless by making and
/ fling an affidavit that the goods and
chattels distrained are bis property
and not the property Of his tenant,
nor held ia trust for the use Of the
tenant, in any manner Wh2tever, and
/ that the same, in his opinion, are not
liable to such distress, and giving
bond and security, in the mauno-
hereinbefore directed for the tenant
and in case such claimant be cast in
the suit, judgment and execution
shall be had, as in cases Of rapleyia
by tenant: and upon such claim
being made, the landlord, or person
making such distress, may release
/ the property so claimed, aud forth
with seize and attach other property
Of the tenant 10 lieu thereof
PROCEEDINGS TO BE AsIN REPLEvTN BT
TENANT.
SEC. 1918 The affidavit made be.
! fore the officer who has the goods
and chattels, and shall be certified hy
him, and he shall make return OF
such affidavit and bond, and the at
/ tachment papers, and shall summon
the other party, as required in case
OF repleyin by the tenant; and such
third person, replevying the goods
and chatlels shall prosecute his suit
against the party in whose name or
right they were attached, 10 all re
spects as the tenant is above re-
| quired to do.
rArERs TRANSFERRED, IF RETURNED
TO WRONG COURT.
SEC. 1919. Hreturn Of papers, in
case of repleyin of goods, shall be
made to the wrong court, they shall
be transferred to the proper court,
and the case be there proceeded with.
as if it had been there at irst.
REpLEyIN WHEN rmAnLE, AND JUDO
MENr FOR DEFAULT.
SEC 1920. Replevin suits by the
tenant OF a third person shall be tr.
able al lh4 return term ofthe cour 9,
and IN either case, il the party re
/ plevyiug shall make default OF fail TO
/ prosecute his suit, like Judgment
/ Shall be entered against him, ami the
sureties on bis bond, as upon an is
sue found against him on trial, and
no new replev,n or writ Of second
deliyersnce shall be allowed ia said
case
SUIT REVIVED IN CASE OF DEATH on
PARTT
SEC. 1921 In case either party
to any repleviu shall die, pending th,
same, the suit may be revived for OF
} against the representative Of the de
ceased party, in the same manner a
, other actions that survive may b.
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