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CHAPTER XIII.

An act allowing and regulating writs of replevin

Scc. 1. Be it enacted by the general assembly ses property of the state of Ohio, That every person shall yere have right to replevy his goods or chattels, which plovied. shail be unlawfully taken from his possession, and detained, (or which shall be destrained, attached or seized, unless it be upon execution after judgment or in payment of taxes, fines or amercements) in the manner herein provided.

Manner of

obtaining a

vin

Sec. 2. Be it further enacted, That if any person shall wrongfully take the goods or chattels writ of reple of another from his possession and detain the same, the owner thereof may, by himself or his agent or attorney, file a precipe with the clerk of the court of common pleas for a writ of replevin, which precipe shall contain a description of the property to be replevied, and shall also file therewith an affidavit stating, that the goods and chattels described in such precipe were taken from his possession, and are now wrongfully detained by the defendant, and that he has good right to the possession thereof, and that said goods and chattels were not taken in execution, nor for the payment of any tax, fine or amercement; and Writ impro any writ of replevin, issued without such affidaperly issued vit, shall be quashed at the cost of the clerk who to be quash issued the same; and such clerk, as well as the of the clerk plaintiff or plaintiffs shall, moreover, be liable in damages to the party aggrieved.

ed at the cost

Form of a writ of re plevin

Sec. 3. Be it further enacted, That upon filing such precipe and affidavit, the clerk shall issue a writ of replevin, directed to the sheriff or coroner of the same county, commanding him to cause to be replevied, to A B, the plaintiff, the same

goods or chattels named in such precipe and affidavit, and to summon the person who took them to appear at the next court of common pleas, to be held in his county, to answer the plaintiff of the taking and unjust detention of the same; and it shall be lawful for the sheriff Duty of off or other officer to break open any house, stable, cer in exe out-house or other building, in which such cuting said property is concealed, to replevy the same, writ of re plevin having first made demand of such property, and of entrance into such building, and being refused.

said bond

Sec. 4. Be it further enacted, That every Officer to sheriff or other officer, before he makes deliver. take bond or chattels, before he ance to the plaintiff of any goods or chattels, from plaintiff taken by virtue of any writ of replevin, shall take makes deliv of the plaintiff, in the name and for the benefit erance of pre of the defendant, a bond, with two or more res- perty ponsible persons of the county as sureties, in treble the value of the goods and chattels rèplevied (which value shall be ascertained by the oath of two or more creditable disinterested persons, whom the sheriff or other officer shall wear truly to assess the value thereof) condi- Condition of tioned that the plaintiff appear at the court to which the writ is returnable and prosecute his suit to effect, and pay all costs and damages which shall be awarded against him, which bond the sheriff or other officer shall return with the writ, for the security and benefit of the defend- the writ. ant; and if the plaintiff shall neglect or refusé Proceedings to cause such bond to be executed as aforesaid, when plain within twenty-four hours from the taking of tiff fails to Such goods or chattels, by virtue of such writ, bond the sheriff or other officer shall return such goods or chattels to the defendant, and if any Penalty on sheriff or other officer shall deliver any property, neglect of taken by writ of replevin, to the plaintiff, or de

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Bond to bo

returned with

execute a

officers for

duty.

tain the same from the defendant without taking such security, or shall take insufficient security,

he shall be liable in damages to the defendant. Proceedings Sec. 5. BE it further enacted, That on the on the return return of every writ of replevin, the suit shall of the writ. be subject to the same usages and rules of practice as in other cases; and if the plaintiff become

Dutyof court in rendering judgment

nonsuit, or on trial the jury find the defendant not guilty of unlawfully taking the goods or chattels from the possession of the plaintiff, or find that such goods and chattels belonged to the defendant, the value of such goods and chattels shall be ascertained by the jury, and the court shall render judgment for the defendant, for the value so found, with fifty per cent, damages, and interest from the time of their being replevied; but if the jury find that the defendant did unlawfully, take and detain such goods and chattels, and that they were the property of the plaintiff, they shall assess adequate damages for such detention.

Goods taken Sec. 6. Be it further enacted, That in case inattachment any goods or chattels shall be taken in attachmay be reple ment, the defendant in such attachment may

vied

Persons mak

have the same replevied to him upon making affidavit as aforesaid, agreeable to the circumstances of the case, and giving bond, with, suf ficient surety, to the officer from whom the same shall be replevied, in double the value thereof, conditioned to pay to such officer, on demand, the full value of such property, in case judgment shall be rendered against him on such attachment.

Sec. 7. And be it further enacted, That if ing a false any person shall knowingly make a false affidavit affidavit how for the purpose of replevying any goods or prosecuted. chattels, not repleviable by the provisions of this act, he shall be liable to be indicted therefor,

and, upon conviction thereof, shall forfeit and pay the sum of one hundred and fifty dollars, one half to the party aggrieved, the other half to the use of the county where such offence shall have been committed.

This act to take effect and be in force from Commence and after the first day of June next.

JOHN POLLOCK,

Speaker of the house of representatives.

THOMAS KIRKER,

ment

January 22, 1813.

Speaker of the senate.

CHAPTER XIV.

An act for the better security of toll bridges within

this state.

up

Sec. 1. BE it enacted by the general assem- Penalty for bly of the state of Ohio, That if any person defacing or shall wilfully deface, obliterate or destroy the destroying list of rates letters, figures or other characters, in any writof toll posted ten or printed list of the rates or tolls affixed or posted up in any place upon any toll bridge within this state, for the information of passen. gers and others, every person so offending shall forfeit and pay to the owner or owners of such toll bridge, where such injury was done, any sum not exceeding fifteen dollars, nor less than five dollars, to be recovered at the suit of the owner or owners of such toll bridge, before any justice of the peace in the township in which such offence may be committed, for the use of the overseers of the poor of such township, for the support of the poor therein.

Renalty for galloping Over toll

bridges.

Sec. 2. Be it further enacted, That if any person shall ride or drive over any such bridge in a gallop, every person so offending shall forfeit and pay to the owner or owners of such bridge, any sum not exceeding five dollars, to be sued for, recovered and applied as is provid ed in the first section of this act: Provided, That such person has been warned by the owner or owners of the penalty attending such offence.

Sec. 3. Be it further enacted, That if any Penalty for driving cattle person shall drive over any such bridge, at one &c. over toll time, any drove of cattle or horses in greater bridges con numbers than the owner or owners of such trary to the directions bridge shall permit and allow, such person or the owners persons being warned by such owner or owners of the number of cattle or horses permitted or allowed to be driven over such bridge at any one time, every person so offending shall forfeit and pay to the owner or owners of such bridge, any sum not exceeding twenty dollars, to be sued for, recovered and applied as is provided by the first section of this act.

Sec. 4. And be it further enacted, That noProviso thing in this act contained shall be construed to

take away from the owner or owners of such bridge any action for damages which, without this act, they might have had against any person for any injury done to such bridge,