Page:United States Statutes at Large Volume 31.djvu/1244

1192 rirrrsixru conennss. sms. 11. cu. 851. 1901. rendered by them shall bear interest from their date until paid or satisged, unless by the terms of the judgment interest runs from an earlier ate. Replevim Sec. 13. R.EPLE\’IN.—A justice of the peace shall have authority to issue a writ of replevin whenever a plaintiff shall file with him a declaration in replevin, in the following or an equivalent form, to wit: -f¤¤¤- “The plaintiE sues the defendant for wrongfully taking and detaining (or wron fully detaining) his, said plaintiH’s, goods and chattels, to wit (here gescribe them), of the value of ——·—— dollars. Andthe plaintiff claims that the same may be taken and delivered to him, or, if they are eloigned, that he may have judgment for their value and all mesne profits and damages, which he estimates at ——~—- dollars, besides costs."And at the same time said plaintiff, his agent, or attorney shall file an affidavit statin , first, that, according to afi:iant’s- information and belief, the plaintig is entitled to recover possession of the chattels described in the declaration; secondly, that the defendant has seized and detains or detains the same; thirdly, that said chattels were not subject to such seizure or detention, and were not taken under any writ of replevin; fourthly, that said chattels are not of the value of more than three hundred dollars; and at the same time the plaintiff shall enter into an undertaking, with surety approved by said justice, submitting to the jurisdiction of the court, to abide by and perform the judgment of said justice’s court or of the supreme court of the District of Columbia. O“°‘°‘*’“*"€“"“· Sec. 11. OFFICER’S REtrUaN.—If the officer’s return of the writ of replevin be that he has served the defendant with copies of the declaration, affidavit, 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 goods and damages for the detention, not to exceed in all three hundred dollars, or he may renew the writ, in _ _ _ order to get possession of the goods and chattels themselves. P"bh°““°"· Sec. 15. PUBLICATION.-—If the officer’s return be that he has taken possession of the goodssand chattels sued for, but that the defendant is not to be found, the said justice may order that the defendant appear to the action by some fixed day, and cause notice of such order to be given by publication in some newspaper of said District at least three times, the first publication to be at least twenty days before the day Hxed for the defendant’s appearance; and if the defendant fails to appear, the court may proceed, as in case of default after personal service, to render judgment for the property in favor of the plaintiff. ’°"’“· Sec. 16. PLEAs.—If the defendant appears, he inay plead not guilty, in which case all matters of defense may be given in evidence, or he _ may plead s ecially. p,§,‘Ij‘,§§§5‘Q,,§f’ ‘°“*‘“ Sec. 17. lfinasimx. TO RETAIN 1>aornRrr.—Property taken by the H marshal under a writ of replevin, issued by a justice of the eace, shall be retained by him for three days, exclusive of Sundays and) legal holidays, before delivering the same to the plaintiff, in order that the defendant or other persons claiming an interest therein may present objections to the said justice to the sufficiency of the security on the undertaking or the jurisdiction of said justice, and if the said justice shall deem said undertaking insufficient, such property inay be directed to be retained by the marshal for a fl11'l3l1€1‘ short time, to be designated by said justice, until an undertaking to be approved by him shall be filed, in default of which the marshal shall return the property to the person from whom it was taken; or if it shall be made to appear to the said justice that the property is of the value of over three hundred dollars he shall qiiash the writ of replevin and direct the property to be _ returned to the party out of whose possession it was taken. ml{“"“‘g"‘ M "l”“"‘ Sec. 18. DAMAGES Fon PLAINTIFF.—lVh€th€1‘ the defendant plead and the issue joined be found against him, or his plea be held bad, or