Page:United States Statutes at Large Volume 14.djvu/435

THIR'1`Y—NINTH CONGRESS. Sess. H. Ch. 64. 1867. 405 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 Plaintiffin rewere not taken upon any writ of replevin. And he shall, at the same §i$;‘;',_2‘:,‘§Q;f°m time, enter into an undertaking with surety, approved by the clerk, to abide by, gw. abide by and perform the judgment of the court in the premises. UM judgmen- Ssc. 14. And be ttfurtker enacted, That if the ofIicer’s return of the ,P¤t¤°¤°°¤¤ "' writ of replevin be, that he has served the defendant with copies of the p°vm cms' 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 he may renew the writ in order to get possession of the goods and chattels themselves. If the officer’s 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 defendant appear to the action by some fixed day; and of this order the plaintiff shall cause notice to be given by publication 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 defendant’s appearance; and if the defendant fail to appear, the court may proceed as in case of default after personal service. Sec. 15. And be it further enacted, That if the defendant appear, he Appearance may plead not guilty, in which case all special matters of defence may be 3:3,5;* °f d°` given in evidence, or he may plead specially. ` Sec. 16. And be it further enacted, That, whether the defendant plead, Plaintiff’s and the issue thereon joined is found against him; or his plea is held bad g;;?,?;;;; b° on demurrer; or he make default after personal service, or after publi- when and Iiow. cation, the plaintiff 's 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 Measure pf by the defendant, including, in every case, the loss sustained by the plain- d“m“g°s· tiff by reason of the detention; and judgment shall pass for the plaintiff Judgyugnh accordingly. Sec.` 17. And be it further enacted, That if the issue be found for the de- Form of judgfendant, or the plaintiff dismiss or fiiil to prosecute his suit, the judgment Eggsé; R"` d“‘ shall be that the goods, if delivered to the plaintiff, be returned to the de- ' fendant with damages, or on failure, that the defendant recover against the plaintiff and his surety the damages by him sustained, to be assessed by the jury trying the issue; or, where the plaintiff dismisses or fails to prosecute his suit, by the jury of inquest. I Sec. 18. And be it further enacted, That if the defendant has eloigned Damages when the things sucd for, the court may instruct the jury, if they find for the 3;; g;€°"d““° . . . gned the plaintiff, to assess such damages as may compel the defendant to return things Sued {0,-_ the things; and the judgment shall be that the plaintiff recover against Judgment in the defendant the value of the goods as found, to be discharged by the S°°h °”°S‘ return of the things, with damages for detention, which the jury shall also assess. Sec. 19. And be itfnrther enacted, That where a suit is brought upon Judgment by an open account, verified by the plaintiff’s or his agentfs aflidavit, that the d°f*‘“l° l" "“"·Su amount claimed by the plaintiff is justly payable by the defendant to the $2,%:3 i,;?2,_¥_ plaintiff, and the defendant fails to defend the suit, the plaintiff may have davit, &c. judgment final by default for said amount, with interest from the day specified in the declaration, without an inquiry of damages. If the afii- Practice asm davit be made before an officer, of whose authority to administer oaths ‘“°h “md“'t“‘ ` 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 certificate. Sec. 20. And be itfurtber enacted, That where money is payable by Bwcéedings two or more persons jointly or severally, as by joint obligors, covenantors, ;'Dg:;Q§;;;°0:r makers, drawers, or indorsers, one action may be sustained and judgment several obligors, recovered against all or any of said parties, by whom the money is pay- P’°mis°”» °·