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CHAPTER XIII.

An act allowing and regulating writs of replevin. In what cau

Scc. 1. Be it enacted by the general assembly ses properig of the state of Ohio, That every person shall 3., lyre- have right to replevy his goods or chattels, which Faciicd.

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 Sec. 2. Be it further enacted, That if any obtaining a person shall wrongfully take the goods or chattels wiit of reple of another from his possession and detain the vin

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 there: with an affidavit stating, that the goods and chattels described in such precipe were taken from his possession, and are now wrongfully detained þy 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 affida. perly 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 ed at the cost of the clerk plaintiff or plaintiffs shall, moreover, be liable in

damages to the party aggrieved.

Sec. 3. Be it further enacted, That upon filing Form of a such precipe and affidavit, the clerk shall issue a writ of re

writ of replevin, directed to the sheriff or coroner plevin

of the same county, commanding him to cause to be replevied, to A B, the plaintiff, the same

goods or chattels nanied 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 détention of • The same ; and it shall be lawful for tlie sheriff Duty, of on or other officer to break open any house, stable, cer in exg out-house or other building, in which such cuting said property is concealei, to replevy the same, writ of re

plevin having first made demand of such property, and of entrance into such building, and being tefused.

Sec. 4. Be it further enacted, That every officer to sheriff or other officer, before he makes deliver. take bond dance to the plaintiff of any goods or chattels, before he

from plaintiff taken by virtue of any writ of replevin, shall take makes deliv of the plaintiff, in the name and for the benefit erançe of prdi of the defendaiit, a borid, with two or more res- pertý pousible persons of the county aś sureties, in treble the value of the goods and chattels replevied (which value shall be ascertained by the oath of two or more creditable disinterested

per. sons,' whom the sheriff or other officer shall sweur truly to assess the value thereof) condi. Condition of

said bond 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

Bond to be the sheriff or other officer shall return with the

returned withi ivrit, for the security and benefit of the defend- the writ. ülit; and if the plaintiff shall neglect or refusé Proceedings to cause stich 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 Penaltý ofi sheriff or other officer shall deliver any property,

officers for taken by writ of replevin, to the plaintiff, or de- duty

execute a

neglect on the K

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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 prac:

tice as in other cases; and if the plaintiff become 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 chat

tels shall be ascertained by the jury, and the Dutyof court in renderlig

court shall render judgment for the defendant, judgment

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 attach. may, be reple

ment, the defendant in such attachment mày 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 at

tachment. Persons mak

Sec. 7. And be it further enacted, That if ing a talse 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,

vied

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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,

Speaker of the senate. January 22, 1813.

ment

CHAPTER XIV.

An act for the better security of toll bridges within

this state.

Sec. 1. Be it enacted by the general assem. Penalty for bly of the state of Ohre, That if my person defacing or shall wilfully defacc, obliterate or destroy the destroying letters, figures or other characters, in

list of rates
any
writ-

of toll posted ten or printed list of the rates or tolls affixed

up 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.

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Penalty for Sec. 2. Be it further enacted, That if any. galloping

person shall ride or drive over any such bridge nver toll bridges.

in a gallop, every person so offending shall for. ftit and pay to the owner or owners of such bridge, any suin not exceeding five dollars, to be sued for, recovered and applied as 'is provid ed in the first section of this act: Previded, That şuch 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 directions of bridge shall permit and allow, such person or the owoers 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 arzy one time, every person so'offending shall forfeit and pay to the owner or owners of such bridge, any 'sum not exceeding tiventy dollars, to be sued for, recovered and applied as is pravided by the first section of this act.

Sec. 4. And be it further enacted, That noProyiso

thing in this act contained shall be construed to take away from the owner of 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,

JOHN POLLOCK, Speaker of the house of representatives.

THOMAS KIRKER,

Speaker of the señale.

February 15, 1815.

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